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CFCs [Chlorofluorocarbons]/Federal Procurement
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Kathleen McGinty's Files
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FOIA Number: 2012-0769-F
FOIA
MARKER
This is not a textual record. This is used as an
administrative marker by the William J. Clinton
Presidential Library Staff.
Collection/Record Group: Clinton Presidential Records
Subgroup/Office of Origin: Council on Environmental Quality
Series/Staff Member:
Kathleen (Katie) McGinty
Subseries: [correspondence]
OA/ID Number:
2257
FolderID:
Folder Title:
CFCs [Chlorofluorocarbons]/Federal Procurement
Stack:
Row:
Section:
Shelf:
Position:
S
61
5
3
2
THE
EDIDENS
THE
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
No
CHECKS
WASHINGTON, D.C. 20503
June 4, 1993
MEMORANDUM FOR PAM MCELWEE
FROM:
Mac Reed me
SUBJECT:
Executive Order No. 12843, "Procurement
Requirements and Policies for Federal Agencies for
Ozone-Depleting Substances"
This responds to your memorandum dated May 19, 1993 in which
you referred me to Mr. Peter Voight of EPA's Stratospheric
Protection Division.
On May 13, 1993, OMB circulated a copy of Executive Order
No. 12843 and an explanatory cover memorandum to agency
procurement executives. (See attached memorandum.) Among other
things, the memorandum provides that information about safe
alternatives and other technical requirements concerning ozone-
depleting substances may be obtained by contacting Mr. Voight.
Thank you very much for the reference.
Attachment
CC. Charles Clark
SENT BY:Xerox Telecopier 7020 ; 6- 4-93 10:30AM ;
2023951151-
GENERAL COUNSEL:# 2
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
THE
WASHINGTON, D.C. 20503
OFFICE OF FEDERAL
PROCUREMENT POLICY
May 13, 1993
MEMORANDUM FOR AGENCY SENIOR PROCUREMENT EXECUTIVES
FROM:
Administrator
SUBJECT:
Transmittal of Executive Order 12843
Attached is a copy of Executive Order 12843, Procurement
Requirements and Policies for Federal Agencies for Ozone
Depleting Substances. The Executive Order provides specific
policies that agencies must follow in reducing their use and
procurement of ozone depleting substances.
Executive Order 12843 is effective as of May 21, 1993, and
agencies should begin implementation by that time. Agencies,
however, are not required to develop or revise any necessary
regulations until after Federal Acquisition Regulation (FAR)
provisions have been issued. Section 8 of the Executive Order
requires that the FAR changes be issued on or before October 18,
1993.
Questions or inquiries about the procurement policy aspects
of the Executive Order may be directed to Charles Clark, Office
of Federal Procurement Policy, telephone (202) 395-6805. For
information about safe alternatives and other technical
requirements concerning ozone depleting substances contact
Mr. Peter Voigt, Stratospheric Protection Division, EPA, 6202J,
401 M Street, SW, Washington, DC 20460, telephone (202) 233-
9185.
Your cooperation and assistance in carrying out the
provisions of the Executive Order will be appreciated.
Attachment
AMOUNT SEAL B RESIDENT
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
OFFICE OF FEDERAL PROCUREMENT POLICY
725 SEVENTEENTH STREET, NORTHWEST
FACSIMILE NUMBER: (202) 395-5105
FAX SHEET
DATE: 4-22-93
TO:
PAM Ms Elwee -
Allan Burmon
TELEPHONE NUMBER:
FAX NUMBER:
2710
FROM:
Chuck Clark
TELEPHONE NUMBER: 395-6805
FAX NUMBER:
NUMBER OF PAGES (INCLUDING COVER):
2
REMARKS: PAM: See ATTached No Te. I Think
We are Short Changing Ourselves when wesay
The Ozone Ex.Or. only Advances The phase OUT by
6 months. It is really 18 months tin some instances
30. Again, Thanks for inviting me To hear The
Presidento speech. I enjoyed going.
APR 22 1993
NOTE TO: PAM McELWEE
ENVIRONMENTAL AFFAIRS, WH
FROM:
Charles Chaddled Clark, OFPP
SUBJECT: President's April 21, 1993 Executive Order on Ozone
Depleting Substances
In future communications regarding the Executive Order on
Ozone Depleting Substances, I believe we should make the point,
where appropriate, that the Order requires Government agencies to
start phasing out their procurement of ozone depleting substances
as of May 21, 1993. This is 18 months before the date required
by the proposed EPA regulation and some 30 months before some of
the phaseout dates specified in the Montreal Protocol.
The background booklet distributed yesterday at the
President's Earth Day Address indicates that, "agencies are to
begin work now, six months before the EPA regulations are
completed." While this is technically correct, the EPA
regulations (which will not be completed until October at the
earliest) give agencies one full year to develop corresponding
procurement policies. Thus, absent the Executive Order, many
agencies would not start their phaseout programs until October
1994.
If you have questions, please call me. Thanks.
CC:
Al Burman
APR-19-1993 11:13 FROM
TO
94562710 P.01
TELEFAX
STRATOSPHERIC PROTECTION DIVISION
Program Implementation Branch
Office of Atmospheric Programs
Office of Air and Radiation
Mailing Address:
Street Address:
U.S. EPA/OAR (6202J)
U.S. EPA/OAR (6202J)
Stratospheric Protection Div.
Stratospheric Protection Div.
401 M Street, SW
501 3rd Street, NW
Washington, DC 20460
Washington, DC 20001
Date:
To: DAN BLANK
From: DAVID LEE
Telefax# (202) 233-9577
Phone# (202) 233-9200
Number of Pages Including Cover Sheet:
Remarks:
ATTACHED ARE
COMMENI
S
ON EXECUTIVE
ORDER
APR-19-1993 11:13 FROM
TO
94562710 P.02
MAC
REED
Chuck
This is the change EPA would like to see on the Executive
Order. We would like to see the following change:
101
sec.
(d) require that Federal agencies modify their procurement
practices and implement programs to modify specifications and
contracts which require the use of ozone depleting to allow the use
of substitutes and alternatives where available.
I have underlined the additional language. Please delete
everything after "ozone depleting susbstances" in the old version
In addition, I have faxed other changes that are not as
critical
David Lee
EPA; 233-9131
APR-19-1993 11:14 FROM
TO
94562710 P.03
DRAFT
April 7, 1993
Executive Order
of
,1993
Precurement Requirements and Policies for Federal Agencies
Osone-Depleting Substances
WHEREAS, the Administration recognized the essential function
of the stratospheric ozone layer in shielding the earth from
dangerous ultraviolet radiation, and is cognizant of the recent
increase in the depletion of the ozone layer; and
WHEREAS, the production and consumption of substances that
cause the depletion of stratospheric ozone is being rapidly
phased out on a world-wide basis with the support and
encouragement of the United States; and
WHEREAS, the Federal Government, as one of the principal users
of these substances, is able through affirmative procurement
practices to significantly reduce the use of these substances
and to provide leadership in their phaseout;
APR-19-1993 11:14 FROM
TO
94562710 P.04
NOW,
THEREFORE,
I, -----, by the authority vested in me as
President by the Constitution and the laws of the United States
of America, including the Clean Air Act as amended in 1990,
Public Law 101-549, hereby order as follows:
PART 1 - PREAMBLE
Section 101. The purpose of this Executive order is to:
(a) Require that Federal Agencies conform their
procurement regulations and practices to the policies and
requirements of Title VI of the Clean Air Act Amendments, which
deals with Stratospheric Ozone Protection.
(b) Mandate that Federal agencies maximize the use of safe
alternatives to ozone-depleting substances, as delivered under 61207 the Section
CAA
(c) Require that Federal agencies evaluate the present and
future uses of ozone-depleting substances, including making
in
assessments of existing and future needs of such materials and
their use of and plans for recycling.
state)
(d) Require that Federal agencies modify their procurement
practices and implement programs to modify specifications and
contracts which require the use of ozone-depleting substances.
APR-19-1993 11:14 FROM
TO
94562710 P.05
(e) Establish Federal Government leadership, develop
exemplary practices, and disseminate information on successful
efforts in phasing out ozone-depleting substances.
PART 2 - DEFINITIONS
For purposes of this order:
Sec. 201. "Federal Agency" means any executive department,
military department, or independent establishment within the
meaning of 5 U.S.C. $ 101, 102, and 104(1), respectively, any
wholly-owned Covernment corporation , the United States Postal
Service and Postal rate Commission, and all parts of, and
establishments within, the legislative and judicial branches of
the United States.
Sec. 202. "Procurement" and "Acquisition" are used
interchangeably to refer to the processes through which the
Federal agencies purchase products.
Sec. 203 "Procurement Regulation, Policies and Procedures"
means 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.
APR-19-1993 11:15 FROM
TO
94562710 P.06
Sec. 204. "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 FR 33753), including chlorofluorocarbons, halons,
carbon totrachloride and methyl chloroform and any other
substance so designated by EPA 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 FR 33753), including hydrochlorofluorocarbons and any
other substance so designated by EPA at a later date.
Sec. 205. "Recycling" is used to encompass recovery and
reclamation, as well as the re-use of controlled substances.
give deplety subtances
PART 3 - FEDERAL PROCUREMENT REGULATIONS, POLICIES AND
PROCEDURES
Sec. 301. POLICY. It is the Policy of the Federal government
that Executive agencies minimize the use of materials and
substances that contribute to the depletion of stratospheric
ozone and give preference to the use of alternative chemicals,
APR-19-1993 11:15 FROM
TO
94562710 P.07
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,
consistent with the phaseout schedules promulgated by EPA under
section 604 of the Clean Air Act, agencies shall:
A.
Minimize to the extent possible the procurement of
products containing or manufactured with Class I or Class
II substances;
B. Amend previously-awarded contracts to be consistent with
the phaseout schedules for Class I and Class II
substances;
c.
Implement policies and practices which recognize the
Timetake for show out extention the me
increasingly Limited availability of Class I or Class II
substances. Such practices shall include, but are not
limited to:
1.
Reducing emissions and recycling ozone-depleting
substances, as required by sections 608 and 609 of
Title VI of the Clean Air Act Amendments;
2.
Ceasing the purchase of nonessential products as
required in section 610 of Title VI of the Clean Air
Act Amendments; and
APR-19-1993 11:16 FROM
TO
94562710 P.08
3.
Requiring 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. 302. RESPONSIBILITIES. Not later than six months after
the effective date of this Executive Order, each Federal Agency
shall have in place practices which to the extent practicable
minimize the use of Class I or Class II substances. Such
practices shall include but not be 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, which do not require the use of
Class I substances in new procurement and which limit the
use of Class II substances consistent with section 612 of
the Act;
C.
Amending existing contracts to require the use of safe
alternatives.
Sec. 303. REPORTING REQUIREMENTS. Not later than 6 months
after the effective date of this Executive Order, each Federal
Agency shall report to the Office of Management and Budget, and
submit information regarding the implementation of the policies
APR-19-1993 11:16 FROM
TO
94562710 P.09
prescribed in this Order. The report shall include a
certification by each Agency that its regulations and
procurement practices have been amended to comply with the
policies prescribed in this Order.
Sec. 304. EXCEPTIONS. Exceptions to complying with the
provisions of Title VI of the Clean Air Act Amendments may be
made in accordance with section 604 of this Act, and with the
provisions of the Montreal Protocol. Section 604 establishes
procedures for requesting exceptions for essential uses such as
medical devices, aviation safety, etc.
Sec. 305. EFFECTIVE DATE. This Executive Order is effective
30 days after the date of issuance. While full implementation
of this Order must await needed change in the FAR, it is
expected that Agencies will take all appropriate actions in the
interim to implement those aspects of the Order that are not
dependent upon regulatory change.
Sec. 306.. FEDERAL ACQUISITION REGULATORY COUNCILS. Pursuant
to section 6(a) of the OFPP 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 horein are incorporated in the FAR within 180 days
from the date this Order is promulgated.
Sec. 307. INFORMATION. Questions or inquiries about the
policy aspects of this Order shall be directed to
For
APR-19-1993 11:17 FROM
TO
94562710 P.10
information regarding the requirements of Title VI of the Clean
Air Act Amendments and other technical information and
requirements contact Peter Voigt, Stratospheric Protection
Division, EPA, 6205 J, 401 M St. SW, Washington, DC 20460,
telephone (202) 233-9185.
DRAFT DRAFT DRAFT
THE WHITE HOUSE
Office of the Press Secretary
Executive Order No.
PROCUREMENT REQUIREMENTS AND POLICIES
FOR FEDERAL AGENCIES
OZONE-DEPLETING SUBSTANCES
WHEREAS, this Administration recognizes the essential
function of the stratospheric ozone layer in shielding the earth
from dangerous ultraviolet radiation and is cognizant of the
rapidly accelerating depletion of the ozone layer; and
WHEREAS, the production and consumption of substances that
cause stratospheric ozone depletion is being phased out on a
world-wide 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 U.S. is a signatory, calls for a 6
phase(out of the production of these substances by the Jan year 1995;
and
[many/class I]
WHEREAS, the Federal Government, as one of the principal
users of these substances, is able through its 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 can
contribute significantly to the economic competitiveness of U.S.
manufacturers of these innovative alternatives;
NOW, THEREFORE, I, William Jefferson Clinton, by the
authority vested in me as President of the United States by the
Constitution and the laws of the United States, including the
Clean Air Act as amended in 1990, Public Law 101-549, do hereby
order as follows:
PART 1 - PREAMBLE
Sec. 101. The purpose of this Executive order is to:
(a) require that Federal Agencies 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) mandate that Federal agencies maximize the use of safe
alternatives to ozone-depleting substances;
(c) require that Federal agencies evaluate the present and
future uses of ozone-depleting substances, including making
assessments of existing and future needs of such materials and
their use of and plans for recycling;
(d) require that Federal agencies modify their procurement
practices and implement programs to modify specifications and
contracts which require the use of ozone-depleting substances to
use of non-ozone depleting substances for non-essential uses; and
(e) establish Federal Government leadership, develop
exemplary practices, and disseminate information on successful
efforts in phasing out ozone-depleting substances.
PART 2 - DEFINITIONS
Sec. 201. "Federal Agency" means any executive department,
military department, or independent agency within the meaning of
5 U.S.C. 101, 102, and 104 (1), respectively, any wholly-owned
Government corporation, the United States Postal Service and
Postal Rate Commission, and all parts of, and establishments
within the legislative and judicial branches of the United
States.
Sec. 202. "Procurement" and "acquisition" are used
interchangeably to refer to the processes through which Federal
agencies purchase products.
Sec. 203. "Procurement regulations, policies and
procedures" means 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.
Sec. 204. "Ozone-depleting substances" means the substances
controlled internationally under the Montreal Protocol and
nationally under Title VI of the Clean Air Amendments. This
includes both Class I and Class II substances as follows:
(a) "Class I substance" means any substance designated as
Class I in the Federal Register notice of July 30, 1992 (57 FR
33753), including chlorofluorocarbons, halons, carbon
tetrachloride and methyl chloroform and any other substance so
designated by EPA at a later date; and
(b) "Class II substance" means any substance designated as
Class II in the Federal Register notice of July 30, 1992 (57 FR
33753), including hydrochlorofluorocarbons and any other
substance so designated by EPA at a later date.
Sec. 205. "Recycling" is used to encompass recovery and
reclamation, as well as the re-use of controlled substances.
PART 3 - FEDERAL PROCUREMENT REGULATIONS, POLICIES AND
PROCEDURES
Sec. 301. POLICY. It is the Policy of the Federal
where feasible duditdble(?) C2.1f
government that Executive agencies minimize the use of materials
and substances that contribute to the depletion of stratospheric
ozone prior to the guidelines established under Title VI of the
CAA and issued in concurrence with this Executive Order and give
preference to the use 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, but
consistent with the phaseout schedules promulgated by EPA under
section 604 of the Clean Air Act, federal agencies shall:
(a) minimize to the extent possible the procurement of
for SUBSTANGS class I
products containing or manufactured with Class I or Class II
substances in anticipation of both the phaseout schedule,
promulgated by EPA to be completed by the end of 1994 and the
After crassII
schedule
international deadlines defined under the Montreal Protocol;
substances,
(14)
well
(b) amend to the extent feasible and economical,
The
previously-awarded contracts to be consistent with the phaseout
schedules for Class I and Class II substances;
(c) implement policies and practices which recognize the
increasingly limited availability of Class I or Class II
substances as production levels capped by the Montreal Protocol
decline until final phaseout in 1995.6 Such practices shall
include, but are not limited to:
(1) reducing emissions and recycling ozone-depleting
substances, as required by sections 608 and 609 of Title VI
of the Clean Air Act Amendments;
(2) ceasing the purchase of nonessential products as
required in section 610 of Title VI of the Clean Air Act
Amendments; and
(3) requiring 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. 302. RESPONSIBILITIES. Not later than six months
after the effective date of this Executive Order, each Federal
Agency shall have in place practices which to the extent
practicable minimize the use of Class I and Class II substances.
Such practices shall include but not be 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, which do not require the use of
Class I substances in new procurement and which limit the use of
Class II substances consistent with section 612 of the Act;
(c) amending existing contracts to require the use of safe
alternatives.Twhere dudilable?
Sec. 303. REPORTING REQUIREMENTS. Not later than 6 months
after the effective date of this Executive Order, each Federal
Agency shall report to the Office of Management and Budget, and
submit information regarding the implementation of the policies
prescribed in this Order. The report shall include a
certification by each Agency that its regulations and procurement
practices have been amended to comply with the policies
prescribed in this Order.
and
Sec. 304. EXCEPTIONS. Exceptions to complying with this
Executive Order are the same as exceptions to the provisions of
Title VI of the Clean Air Act Amendments may be made in
accordance with section 604 of this Act, and with the provisions
of the Montreal Protocol. Section 604 establishes procedures for
requesting exceptions for essential uses such as medical devices,
aviation safety, etc.
Sec. 305. EFFECTIVE DATE. This Executive Order is
effective 30 days after the date of issuance. While full
implementation of this Order must await needed change in the
Federal Acquisition Regulations, it is expected that Agencies
will take all appropriate actions in the interim to implement
those aspects of the Order that are not dependent upon regulatory
change.
Sec. 306. FEDERAL ACQUISITION REGULATORY COUNCILS.
Pursuant to section 6 (a) of the OFPP 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 promulgated.
HEADLINE:
President signs executive order to speed up phase-out of the
use of ozone-depleting substances in the federal government.
SUPPORTING INFORMATION:
President Clinton urged the federal agencies to make
preliminary changes in their procurement policies to reflect
reductions in the use of substances harmful to the ozone layer.
As the Montreal Protocol calls for the complete phase out of the
production of Class I and II substances the deplete the ozone
layer for non-essential uses by the end of 1995, the federal
government should begin preparing now for that forthcoming
deadline. Additionally, the Clean Air Act Amendments of 1990
require the EPA to produce, by October of 1993, final regulatory
guidelines for the Federal Agencies to implement by the end of
1994 on eliminating procurement of Class I or II substances or
products that rely on Class I or II substances. This Executive
Order calls for the agencies to begin work now, 6 months before
the EPA regulations are finalized, to reduce their procurement of
ozone-depleting substances.
LEAD AGENCY: EPA, OMB
WHITE HOUSE CONTACT:
Pam McElwee
456-6225
AGENCY CONTACTS: Peter Voigt, EPA 233-9185
Chuck Clark, OMB
395-6805
BACKGROUND INFORMATION:
Section 613 of the Clean Air Act Amendments requires the
Administrator of EPA to promulgate regulations requiring each
department, agency and instrumentality of the United States to
conform its procurement regulations to the policies and
requirements of Title VI of the Clean Air Act. Specifically, by
the end of 1994, agencies are to have in place procurement
guidelines that eliminate the purchase of ozone depleting
substances for non-essential uses. Note that Section 613 does
not call for a ban on the use of ozone depleting substances; but
rather on the procurement of such substances. Section 613 forces
agencies to be adjusted, one year early, to the Montreal
Protocol's 1995 deadline for the production of CFC's.
In addition to EPA's guidelines directing individual
agencies to promulgate policies in compliance with Section 613,
there is another option for instituting a policy to reduce
procurement of ozone depleting substances. Government-wide
procurement regulations are contained in the Federal Acquisition
Regulations (FAR), a broad policy outlining all procurement
standards for the federal government. An amendment to the FAR
is considered by both EPA and the Office of Federal Procurement
Policy (OFFP) at OMB to be an effective manner for helping to
implement Section 613. Section 6 (a) of the OFPP Act authorizes
the Administrator for Federal Procurement Policy to prescribe
Government-wide procurement policies to be implemented in the
FAR.
The advantage of an amendment to the FAR, done through
executive order, is that this tact is faster than the Section 613
EPA regulations, which will not be finalized until October 1993.
This executive order is a mechanism that forces, at a high level,
agencies to begin consideration of the plans that will be
required eventually under Section 613. While the executive order
does not speed up the final determination that agencies must stop
procurement of ozone-depleting substances by 1994, it does give
agencies an extra 6 months -- prior to the October 1993 final
regulation issuance by EPA outlining the 1994 end date -- to
begin minimizing their use and begin making plans to eliminate
procurement. It also sends a high level message to agencies,
private companies, and other countries that our federal
government is concerned about this issue.
DRAFT DRAFT DRAFT
THE WHITE HOUSE
Office of the Press Secretary
Executive Order No.
PROCUREMENT REQUIREMENTS AND POLICIES
FOR FEDERAL AGENCIES
OZONE-DEPLETING SUBSTANCES
WHEREAS, this Administration recognizes the essential
function of the stratospheric ozone layer in shielding the earth
from dangerous ultraviolet radiation and is cognizant of the
rapidly accelerating depletion of the ozone layer; and
WHEREAS, the production and consumption of substances that
cause stratospheric ozone depletion is being phased out on a
world-wide 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 U.S. is a signatory, calls for a
phase out of the production of these substances by the year 1995;
and
WHEREAS, the Federal Government, as one of the principal
users of these substances, is able through its 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 can
contribute significantly to the economic competitiveness of U.S.
manufacturers of these innovative alternatives;
NOW, THEREFORE, I, William Jefferson Clinton, by the
authority vested in me as President of the United States by the
Constitution and the laws of the United States, including the
Clean Air Act as amended in 1990, Public Law 101-549, do hereby
order as follows:
PART 1 - PREAMBLE
Sec. 101. The purpose of this Executive order is to:
(a) require that Federal Agencies 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) mandate that Federal agencies maximize the use of safe
alternatives to ozone-depleting substances;
(c) require that Federal agencies evaluate the present and
future uses of ozone-depleting substances, including making
assessments of existing and future needs of such materials and
their use of and plans for recycling;
(d) require that Federal agencies modify their procurement
practices and implement programs to modify specifications and
contracts which require the use of ozone-depleting substances to
use of non-ozone depleting substances for non-essential uses; and
(e) establish Federal Government leadership, develop
exemplary practices, and disseminate information on successful
efforts in phasing out ozone-depleting substances.
PART 2 - DEFINITIONS
Sec. 201. "Federal Agency" means any executive department,
military department, or independent agency within the meaning of
5 U.S.C. 101, 102, and 104 (1), respectively, any wholly-owned
Government corporation, the United States Postal Service and
Postal Rate Commission, and all parts of, and establishments
within the legislative and judicial branches of the United
States.
Sec. 202. "Procurement" and "acquisition" are used
interchangeably to refer to the processes through which Federal
agencies purchase products.
Sec. 203. "Procurement regulations, policies and
procedures" means 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.
Sec. 204. "Ozone-depleting substances" means the substances
controlled internationally under the Montreal Protocol and
nationally under Title VI of the Clean Air Amendments. This
includes both Class I and Class II substances as follows:
(a) "Class I substance" means any substance designated as
Class I in the Federal Register notice of July 30, 1992 (57 FR
33753), including chlorofluorocarbons, halons, carbon
tetrachloride and methyl chloroform and any other substance so
designated by EPA at a later date; and
(b) "Class II substance" means any substance designated as
Class II in the Federal Register notice of July 30, 1992 (57 FR
33753), including hydrochlorofluorocarbons and any other
substance so designated by EPA at a later date.
Sec. 205. "Recycling" is used to encompass recovery and
reclamation, as well as the re-use of controlled substances.
PART 3 - FEDERAL PROCUREMENT REGULATIONS, POLICIES AND
PROCEDURES
Sec. 301. POLICY. It is the Policy of the Federal
government that Executive agencies minimize the use of materials
and substances that contribute to the depletion of stratospheric
ozone prior to the guidelines established under Title VI of the
CAA and issued in concurrence with this Executive Order and give
preference to the use 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, but
consistent with the phaseout schedules promulgated by EPA under
section 604 of the Clean Air Act, federal agencies shall:
(a) minimize to the extent possible the procurement of
products containing or manufactured with Class I or Class II
substances in anticipation of both the phaseout schedule
promulgated by EPA to be completed by the end of 1994 and the
international deadlines defined under the Montreal Protocol;
(b) amend to the extent feasible and economical,
previously-awarded contracts to be consistent with the phaseout
schedules for Class I and Class II substances;
(c) implement policies and practices which recognize the
increasingly limited availability of Class I or Class II
substances as production levels capped by the Montreal Protocol
decline until final phaseout in 1995. Such practices shall
include, but are not limited to:
(1) reducing emissions and recycling ozone-depleting
substances, as required by sections 608 and 609 of Title VI
of the Clean Air Act Amendments;
(2) ceasing the purchase of nonessential products as
required in section 610 of Title VI of the Clean Air Act
Amendments; and
(3) requiring 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. 302. RESPONSIBILITIES. Not later than six months
after the effective date of this Executive Order, each Federal
Agency shall have in place practices which to the extent
practicable minimize the use of Class I and Class II substances.
Such practices shall include but not be 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, which do not require the use of
Class I substances in new procurement and which limit the use of
Class II substances consistent with section 612 of the Act;
(c) amending existing contracts to require the use of safe
alternatives.
Sec. 303. REPORTING REQUIREMENTS. Not later than 6 months
after the effective date of this Executive Order, each Federal
Agency shall report to the Office of Management and Budget, and
submit information regarding the implementation of the policies
prescribed in this Order. The report shall include a
certification by each Agency that its regulations and procurement
practices have been amended to comply with the policies
prescribed in this Order.
Sec. 304. EXCEPTIONS. Exceptions to complying with this
Executive Order are the same as exceptions to the provisions of
Title VI of the Clean Air Act Amendments may be made in
accordance with section 604 of this Act, and with the provisions
of the Montreal Protocol. Section 604 establishes procedures for
requesting exceptions for essential uses such as medical devices,
aviation safety, etc.
Sec. 305. EFFECTIVE DATE. This Executive Order is
effective 30 days after the date of issuance. While full
implementation of this Order must await needed change in the
Federal Acquisition Regulations, it is expected that Agencies
will take all appropriate actions in the interim to implement
those aspects of the Order that are not dependent upon regulatory
change.
Sec. 306. FEDERAL ACQUISITION REGULATORY COUNCILS.
Pursuant to section 6 (a) of the OFPP 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 promulgated.
APR- 7-93 WED 14:23
STRAT PROTECTION DIV.
FAX NO. 2022339665
P.01
TELEFAX
STRATOSPHERIC PROTECTION DIVISION
Substitutes Analysis and Review Branch
Office of Atmospheric Programs
Office of Air and Radiation
Mailing Address:
Street Address:
U.S. EPA/OAR (6202J)
U.S. EPA/OAR (6202J)
Stratospheric Protection Div.
Stratospheric Protection Div.
401 M Street, SW
501 3rd Street, NW
Washington, DC 20460
Washington, DC 20001
Date: 4/7/93
To: TRAY LINSETH
From: PETER VOIGT
9185
Telefax# (202) 233-9577
Phone# (202) 233-9200-
Number of Pages Including Cover Sheet: 4
Remarks: Tray: Please give me
a call before you deal with
this rule language on Procument
Manhs Peter
APR- 7-93 WED 14:24
STRAT PROTECTION DIV.
FAX NO. 2022339665
P.02
25
Title 40, Code of Federal Regulations, Part 82, is proposed to
be amended to read as follows:
1. The authority citation for Part 82 continues to read as
follows:
PART 82 - PROTECTION OF STRATOSPHERIC OZONE
Authority: 42 U.S.C. 7671-7671 (q)
2. A new Subpart
is added to read as follows:
Subpart
82.100
Purpose and Scope
82.102
Definitions
82.104
Federal Agency Procurement
82.106
Reporting Requirements
$ 82.100 Purpose and Scope
(a) The purpose of this subpart is to require federal
departments, agencies, and instrumentalities to adopt
procurement regulations which conform to the policies and
requirements of Title VI of the Clean Air Act as amended, and
which maximize the substitution in federal procurement of safe
alternatives, as identified under section 612 of the Clean Air
Act, for class I and class II substances.
(b) These regulations apply to each department, agency,
and instrumentality of the United States.
$ 82.102 Definitions
(a) Class I substance means any substance designated as
class I by EPA pursuant to 42 U.S.C. $7671(a), including but
not limited to chlorofluorocarbons, halons, carbon
tetrachloride and methyl chloroform.
(b) Class II substance means any substance designated as
class II by EPA pursuant to 42 U.S.C. S 7671 (a), including but
not limited to hydrochlorofluorocarbons.
(c) Controlled substance means a class I or class II
ozone-depleting substance.
(d) Department, agency and instrumentality of the United
States refers to any executive department, military department,
or independent establishment within the meaning of 5 U.S.C. S
101, 102, and 104 (1), respectively, any wholly owned Government
corporation, the United States Postal Service and Postal Rate
APR- 7-93 WED 14:25
STRAT PROTECTION DIV.
FAX NO. 2022339665
P.03
26
Commission, and all parts of and establishments within the
legislative and judicial branches of the United States.
S 82.104 Requirements
(a) No later than [one year from the date of final
publication], each department, agency and instrumentality of
the United States shall conform its procurement regulations to
the requirements and policies of Title VI of the Clean Air Act,
42 U.S.C.7671-7671g. Each such regulation shall provide, at a
minimum, the following:
(1) that purchases of class I and Class II substances, or
of products made with or containing such substances, shall
maximize the substitution of safe alternatives to the use of
ozone-depleting substances to the maximum extent practicable,
either by the substitution of safe alternatives, or by the
purchase of products made with or containing safe alternatives,
identified under 42 U.S.C. S. 7671k;
(2) that, consistent with the phaseout schedules for
ozone-depleting substances, no purchases shall be made of class
II substances, or products containing class II substances, for
the purpose of any use prohibited under 42 U.S.C. S. 7671d(c) i
(3) that all active or new contracts involving the
performance of any service or activity subject to 42 U.S.C. S.
7671g or 7671h or regulations promulgated thereunder include,
or be modified to include, a condition requiring the contractor
to ensure compliance with all requirements of those sections
and regulations;
(4) that no purchases shall be made of products whose sale
is prohibited under 42 U.S.C. S. 767.1h, except when they will
be used by persons employed to service vehicles, and no
purchase shall be made of nonessential products as defined
under 42 U.S.C. S. 7671i;
(5) that proper labeling under 42 U.S.C. S. 7671j shall be
a specification for the purchase of any product subject to that
section.
(b) For agencies subject to the Federal Acquisition
Regulation, 48 CFR Part 1, amendment of the FAR consistent with
this regulation, shall satisfy the requirement of this section.
S 82.106 Reporting Requirements
APR- 7-93 WED 14:26
STRAT PROTECTION DIV.
FAX NO. 2022339665
P.04
27
No later than one year after the effective date of this
rule, each agency, department, and instrumentality of the
United States shall certify to the Office of Management and
Budget that its procurement regulations have been amended in
accordance with this section.
Certification by the General Services Administration that
the FAR has been amended in accordance with this section shall
constitute adequate certification for purposes of all agencies
subject to the FAR.
DRAFT February 19, 1993
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 82
[FRL- ]
Protection of Stratospheric Ozone
AGENCY: Environmental Protection Agency (EPA)
ACTION: Notice of Proposed Rulemaking (NPRM)
SUMMARY: With this notice, EPA is today proposing a rule that
will require each department, agency, and instrumentality of
the United States to conform its procurement regulations to the
policies and requirements of title VI of the Clean Air Act,
relating to Stratospheric Ozone Protection, and to maximize the
substitution of safe alternatives for ozone-depleting
substances as identified under section 612 of the Act. The
proposed rule also requires each department, agency, and
instrumentality of the United States to certify to OMB within
twelve months of the final publication of this regulation that
its procurement regulations have been modified in accordance
with this rule. The final promulgation of this rule will
satisfy EPA's obligation under section 613 of the Clean Air
Act.
The substances affected by this proposed rulemaking are
ozone-depleting substances which are listed as either class I
or class II substances under rules promulgated under sections
604 and 606 of the Act. These proposed regulations have been
developed in consultation with the Administrator of the General
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Services Administration and the Secretary of Defense, as
required by section 613.
DATES: Pursuant to section 307(d) of the Clean Air Act, a
public hearing will be held on
,
1993, at
, if a
request for such a hearing is received on or before [7 days
from date of publication]. Any request for such a hearing
should be directed to the contact person designated below. If
no hearing is requested, written comments on this proposed rule
must be submitted on or before [30 days from date of
publication]. If a hearing is requested, the comment period
will be held open pursuant to section 307 (d) (5) for 30 days
following the hearing.
ADDRESSES: Comments should be submitted in duplicate to the
attention of Air Docket
at: U.S. Environmental Protection
Agency (LE- ) 401 M Street, SW, Washington, D.C. 20460.
The Docket is located in room M-1500, First Floor, Waterside
Mall. Material relevant to this rulemaking may be inspected
from 8:30 a.m. to 12 noon and from 1:30 to 3:30 p.m. Monday
through Friday.
FOR FURTHER INFORMATION CONTACT: Peter Voigt at (202) 233-
9185, Program Implementation Branch, Stratospheric Protection
Division, Office of Atmospheric Programs, office of Air and
Radiation, 6202J, 401 M Street, SW, Washington, D.C. 20460.
SUPPLEMENTARY INFORMATION:
Outline
I.
Background
II. Section 613 - Federal Procurement
III. Other Requirements of Title VI of the Clean Air Act
1.
Sections 604,605, and 606 - Phaseout of
Ozone-depleting Substances
2.
Section 608 - National Recycling and Emission
Reduction Program
3.
section 609 - Servicing of Motor Vehicle Air
Conditioners
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DRAFT February 19, 1993
4.
Section 610 - Nonessential Products Containing
Ozone-depleting Substances
5.
Section 611 - Labeling
6.
Section 612 - Safe Alternatives Policy
IV. Implementation of Section 613 - Federal Procurement
V.
Summary of Supporting Analyses
A. Paperwork Reduction Act
B. Regulatory Flexibility Act
c. Executive Order 12291 (regulatory flexibility
analyses)
VT. Proposed Rule
1.
Purpose and scope
2. Definitions
3.
Requirements
4.
Reporting Requirements
I. Background
During the past decade, there has been a significant
decrease in the detected amount of stratospheric ozone. Broad
scientific consensus has emerged that such continuing depletion
of the stratospheric ozone will lead to increased levels of UV-
B radiation penetrating to the earth's surface, resulting in
potential health and environmental harm, including increased
incidence of certain skin cancers and cataracts, suppression of
the immune system, damage to crops and aquatio organisms,
increased formation of ground-level ozone, and increased
weathering of outdoor plastics. According to recent
information released by the United Nations Environment
Programme (UNEP) Scientific Assessment of Ozone Depletion, the
rate of ozone depletion is significantly greater than
originally estimated. To address this problem, the United
Nations Environment Programme sponsored the successful
negotiation of the Montreal Protocol on Substances that Deplete
the Ozone Layer (the Montreal Protocol). In effect since 1988,
the Protocol requires each nation party to it to control the
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production and consumption of substances which deplete
stratospheric ozone. These substances include
chlorofluorocarbons (CFCs), halons, carbon tetrachloride,
methyl chloroform and hydrochlorofluorocarbons. The United
States is a party to this international agreement. (For a more
detailed explanation of the issues involved, see 57 FR 33755 -
57 (July 30, 1992).
The Clean Air Act, like the Montreal Protocol, establishes
controls in the production and consumption of osone-depleting
substances and also creates additional regulatory programs
aimed at reversing the trend of ozone depletion. As a result,
EPA has issued, or will be issuing. a series of regulations
which deal with the production, consumption, use, and treatment
of ozone-depleting chemicals.
II. Section 613 - Federal Procurement
Among the regulations that EPA must issue to address the
use of ozone-depleting substances is a rule requiring federal
agencies to modify their procurement regulations to minimize
the use of products made with or containing such chemicals, and
otherwise conform those regulations with the Clean Air Act's
policies and requirements regarding ozone protection. This rule
is required by section 613 of the Act which states: "Not later
than 18 months after the enactment of the Clean Air Act
EPA
vegulations
Amendments of 1990, the Administrator , in consultation with
the Administrator of the General Services Administration and
the Secretary of Defense, shall promulgate regulations
requiring each department, agency, and instrumentality of the
United States to conform its procurement regulations to the
policies and requirements of this title and to maximize the
substitution of safe alternatives identified under section 612
for class I and class II substances. Not later than 30 months
after the enactment of the Clean Air Act Amendments of 1990,
each department agency and instrumentality of the United States
shall conform its procurement regulations and certify to the
President that its regulations have been modified in accordance
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DRAFT February 19, 1993
with this section." Today's proposed rule would impose that
requirement. As required by the statute, EPA is consulting with
the General Services Administration and with the Department of
Defense in developing this rule.
The aim of today's regulation is the establishment of
affirmative procurement programs in all agencies which will:
(1) give preference to the use of alternative chemicals,
product substitutes, and alternative manufacturing processes,
(2) minimize the use of materials and substances which
contribute to the depletion of stratospheric ozone, and (3)
further the other policies and requirements of title VI.
Federal procurement is in general governed by the Federal
Acquisition Regulation ("FAR"). The FAR is prepared, issued and
maintained jointly by the Secretary of Defense, the
Administrator of General Services, and the Administrator of the
National Aeronautics and Space Administration. Revisions to the
FAR are issued through two councils, the Defense Acquisition
Regulatory Council, and the Civilian Agency Acquisition
Council. See generally 48 CFR Subparts 1.1 and 1.2. In
addition, many but not all federal agencies have promulgated
regulations to supplement the FAR, which appear at 48 CFR Parts
2 through 63.
The rule proposed today would require each federal agency
to amend its procurement regulations in Title 48 (or, where it
has no such regulations at present, to adopt new regulations)
to conform with the requirements and policies of title VI of
the Clean Air Act (including, but not limited to, certain
policies and requirements specified in this rule), and to
direct that purchases of ozone-depleting substances will be
minimized to the extent practicable (either by substitution of
safe alternatives or otherwise).
At the same time, EPA is working with the councils
responsible for amending the FAR, and with the Office of
Federal Procurement Policy (OFPP) in the office of Management
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DRAFT February 19, 1993
and Budget, to amend the FAR itself in a similar manner. OFFP
has already published for public comment a policy letter that
would direct federal agencies to adopt procurement practices
consistent with today's proposed rule, and if finalized the
letter would direct a conforming amendment to the FAR. If the
FAR is amended in this fashion, there would be no need for
individual agencies subject to the FAR to adopt regulations,
and the rule proposed today would relieve them of the need to
do so in that event.
Some agencies that fall within the term "department,
agency or instrumentality of the United States" as defined in
today's proposed rule are not subject to the FAR. Each such
entity will be required to adopt its own regulation as provided
in today's proposed rule. The entities most clearly affected in
this way are the Postal Service, the Postal Rate Commission,
the Senate, House of Representatives, and the Architect of the
Capitol, all of which do not fall within the scope of the FAR.
Nothing in section 613 expressly excludes such entities, and
while the focus of section 613 is on procurement, the term
"department, agency or instrumentality" is used elsewhere in
the Act in context where there would be no reason to limit it
to agencies subject to the FAR (most notably, in 42 U.S.C. S.
7418(a), where it is made clear that all three branches of the
federal government are included). Absent some specific
narrowing of the term (as in 42 U.S.C. S. 7418(b), where only
the executive branch is specified), EPA believes the term
"department, agency or instrumentality of the United States"
should be read to include all agencies and establishments under
all three branches.
A practical concern has been identified that decisions
about what to purchase, or decisions on specifications for
items to be purchased, are generally made by officials other
than those who carry out the procurement process. Therefore,
the personnel who are familiar with and implement "procurement
regulations" are not in most cases the personnel who are in a
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position to change the substantive purchases of federal
agencies. Therefore, in implementing section 613, EPA has
considered how to reconcile the statute's requirement that
"procurement regulations" be amended with the aim of affecting
substantive purchasing decisions.
EPA has concluded that in accordance with the statute, the
requirement to minimize the purchases of ozone-depleting
substances and to otherwise conform to title VI should be
placed in agency procurement regulations. However, as the
implementation of that requirement will fall primarily on
persons other than those who manage the procurement process,
each agency should take the steps necessary to ensure that
officials responsible for substantive purchasing decisions are
aware of. and properly implement, the requirements.
The promulgation of regulations under title VI is not the
only means through which EPA expects to affect federal use of
ozone-depleting substances. In order to assist agencies in
amending their Procurement policies, practices and procedures
and in implementing the resulting required policy changes, EPA
is developing informational materials and model policies
designed to assist government agencies in meeting these
requirements. In addition, as new regulations on these matters
are issued, new alternatives become available, or new chemicals
are added to the list of controlled substances, EPA will inform
each department or agency of any new requirements in this area.
These EPA outreach activities are being coordinated by the
Stratospheric Protection Division in the Office of Atmospheric
Programs, office of Air and Radiation. Agencies interested in
assistance in developing their procedures related to ozone-
depleting substances should contact Peter Voigt, (202) 233-
9185, for additional information. EPA views this outreach
effort as critical to making the regulation proposed today
truly effective.
EPA is aware that a number of Federal agencies have
already made significant efforts to phase out the use of ozone-
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DRAFT February 19, 1993
depleting substances. For example, the Department of Defense
(DOD) has issued Directive 6050.9 establishing the policies and
responsibilities for managing CFCs and halons within DoD.
Similarly, the Ceneral Services Administration has issued
interim policy guidelines to provide direction on phasing out
the use of ezone-depleting substances in the acquisition of new
equipment, as well as in the repair of existing HVAC equipment.
Nothing in the rule proposed today should require agencies to
alter such efforts, and EPA encourages agencies to phase out
their use of ozone-depleting substances as expeditiously as
possible. Part of EPA's outreach program will be to identify
federal efforts such as these which may help to serve as models
for other agencies.
III. Other Requirements of Title VI of the Clean Air Act
Because the rule requires all agencies to conform their
procurement regulations to the whole range of ozone protection
policies and requirements, familiarity with many of the other
regulations to be issued by EPA is important. Provisions of
title VI particularly relevant to today's proposed rule include
the following:
1) Phaseout of the Production and Importation of Controlled
Substances (Sections 604, 605, and 606) i
2) Recycling and Reduction in Emissions of Ozone-depleting
Substances (Section 608) i
3) Servicing of Motor Vehicle Air Conditioners (Section 609) ;
4) Bans on Nonessential Products Containing Ozone-depleting
Substances (Section 610) ;
5) Labeling of Products Made with or Containing Controlled
Substances (Section 611)
6) Safe Alternatives Policy (Section 612).
Familiarity with those requirements and policies will be
essential to the development of agency regulations and
practices under this rule. Therefore, a more detailed
description of the proposed regulations follows.
60'd 94562710
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1. Sections 604, 605, and 606 - Phaseout of Osone-
depleting Substances
Section 604 and 605 of the Act place production and
consumption limits on class I and Class II ozone-depleting
chemicals respectively. The same sections also require the
phasing out of the production and consumption of these
chemicals. Section 606 requires the Administrator of EPA to
accelerate the phaseout of these chemicals if: (1)--"the
Administrator determines that a more stringent schedule may be
necessary to protect human health and the environment"--; (2)
"the Administrator determines that such a more stringent
schedule is practicable"--; or (3) the Montreal Protocol is
modified to include a schedule to control or reduce production,
consumption, or use of any substance more rapidly than the
applicable schedule under this title".
The phaseout of the class I substances addressed in
today's rule is governed by regulations contained in 40 C.F.R.
Part 82. EPA anticipates that the present rule will be amended
by similar regulations that accelerate the phaseout of these
substances and include the class II chemicals in the phaseout
schedule. An accelerated phaseout will soon be proposed in
response to recent scientific findings and to changes in the
Montreal Protocol. The proposal would phase out halons by
January 1, 1994 and CFCs, carbon tetrachloride, halons, and
methyl chloroform by January 1, 1996. In addition, HBFCs will
be added and scheduled for phaseout on January 1, 1996, and
methyl bromide will be added and scheduled for phaseout on
January 1, 2000. HCFCs will also be scheduled for phaseout,
beginning with HCFC 141b on January 1, 2003.
The phaseout requirements of section 604,605, and 606,
and the regulations to be promulgated thereunder, do not bear
directly on the purchase of goods and services; rather, they
are directed at the production, import and export of class I
and class II substances. Obviously, however, the phaseout of
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the production and imports of these substances will affect the
ability of federal agencies to obtain these substances and
products containing or made with them, and familiarity with the
phaseout is important for agency officials making purchasing
decisions. At the same time, compliance with today's proposed
rule will reduce the demand for such products by federal
agencies; therefore, this rule complements the phaseout
requirements.
As the availability of the substances is increasingly and
rapidly reduced, it is also critical that agencies take steps
to convert existing equipment and processes to the use of
alternatives and substitutes. Given the schedule for the
accelerated phaseout, it is vital that such efforts be
conducted as quickly as possible.
Further, the accelerated phaseout proposal will also
addresses the phaseout of certain HCFCs on a schedule which is
based on the ozone depletion potential of some of these
specific chemicals. The faster phaseout of these substances is
proposed as a result of longer term concerns regarding ozone
depletion, and the actual or anticipated availability of non-
ozone-depleting substitutes. These substances are at this time
used primarily as substitutes for CFCs in refrigeration and
cooling systems and insulation.
The proposed accelerated phaseout rule also contains
provisions for considering exemptions for the manufacture of
these substances for essential uses after the phaseout. In a
separate notice, EPA provides information regarding the
requirements for and the procedures to be followed in applying
for an "essential use" exemption. Copies of this notice can be
obtained by writing or calling the information contact listed
in that proposed regulation. It should be noted that while the
Act allows exceptions, there is no guarantee that such
exceptions will be granted. Such exemptions, if any are
granted, must be authorized by the Montreal Protocol as well as
by title VI.
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3. Section 608 - National Recycling and Emission Reduction
Program
Section 608 requires the Administrator of EPA to
promulgate regulations establishing standards and requirements
regarding the use and disposal of ozone-depleting substances
during the service, repair, or disposal of appliances and
industrial process refrigeration. Under section 608, EPA will
promulgate regulations to limit emissions of controlled
substances to the "lowest achievable level" and to maximize the
recapture and recycling of these substances. The requirements
of section 608 include two stages: (1) regulations covering
class I and class II substances used or disposed of during the
service and disposal of air conditioning and refrigeration
equipment; and (2) regulations covering all other uses of class
I and class II substances.
In addition to mandating an earlier effective date for
regulations requiring recycling of class I refrigerants,
section 608 specifically prohibits deliberate venting of both
class I and class II refrigerants during service and disposal
of air conditioning and refrigeration equipment, effective
July 1, 1992. "De minimis" releases associated with good faith
efforts to recycle are exempt from the prohibition.
EPA plans to implement section 608 in three phases. The
first phase is the development of refrigerant recycling and
safe disposal requirements. EPA research indicates that in all
air conditioning or refrigeration sectors, emissions during
servicing and disposal of equipment account for between 50 and
94 percent of total emissions during the life cycle of the
equipment. Recycling requirements will reduce these emissions.
In the next phase of rulemaking, EPA will explore and provide
guidance on Lowest Achievable Emissions Levels (LAELS) for
those sectors where leakage during use accounts for a
significant percentage of total emissions. The third and final
phase may encompass regulations for recapture, recycling, and
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conservation of non-refrigerant applications of class I and
class II compounds.
In developing additional guidance on "the lowest
achievable level" of emissions, the Agency will focus on those
actions facilitating an orderly transition from class I and
then class II compounds while minimizing economic impacts.
This guidance will be issued in coordination with the on-going
regulatory program, the impact of the current excise tax on the
use of these chemicals and the production phase-down schedules
and phaseout dates established under sections 604 and 606.
At this time EPA believes that continued use of class I
substances in existing equipment through recycling can serve as
a useful bridge to alternative products while minimizing
disruption of the current capital stock of equipment,
preventing costly early retirement of equipment. Agencies will
need to be aware of this as they develop their procurement
policies.
The requirements of section 608, and the regulations
promulgated thereunder, apply to federal agencies independently
of today's proposed rule. IN addition, compliance with section
608 is a requirement of the procurement regulation being
proposed today.
4. Section 609 - Servicing of Motor Vehicle Air
Conditioners
Section 609 was established to control the release of
refrigerant during servicing of motor vehicle air conditioners.
Although each automobile has a relatively small refrigerant
charge, it is estimated that motor vehicle air-conditioners
consumed over 48,000 metric tons of CFC-12 in 1989. This
amounts to 21.3 percent of total CFC use in the United States.
The section provides that any person repairing or
servicing motor vehicle air conditioners (MVACs) for
consideration must properly use refrigerant recycling equipment
that has been approved by EPA. All such persons must be
properly trained and certified. For small entities, the
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requirements of this section are delayed until January 1, 1993.
After January 1, these small entities must obtain approved
refrigerant recycling equipment and so certify to the
Administrator.
The section 609 final rule, published on July 14, 1992, in
the (57 FR 31242), and codified at 40 CFR 5 82.30-42,
established standards for refrigerant recycling equipment and
proper use of such equipment. The rule also established the
criteria for technician certification programs and the standard
for recycling equipment. Two independent testing organizations
were approved by EPA to verify that the equipment meet the
established standards. The Agency maintains the list of
approved equipment.
The sale or distribution in interstate commerce of any
class I or class II substance suitable for use in a motor
vehicle air-conditioning system in small containers (less than
20 pounds) is also prohibited. The only exception is for sales
or distribution to persons servicing motor vehicle air
conditioners for consideration in compliance with all the above
requirements.
The requirements of section 609, and the regulations
promulgated thereunder, apply to federal agencies independently
of today's proposed rule. Therefore, in servicing, replacing or
retrofitting their vehicle fleets, agencies need to be
cognizant of these requirements. However, compliance with these
regulations will reduce the need for agencies to purchase class
I substances.
Agency regulations adopted pursuant to today's proposed
rule should specifically prohibit the purchase of substances
whose sale is prohibited under section 609, except when they
will be used by persons employed to service vehicles.
Furthermore, agencies would be required to make compliance with
section 609 and the regulations promulgated thereunder a
condition of any contract involving the performance or a
service activity subject to section 609.
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5. section 610 - Nonessential Products Containing Ozone-
depleting Substances.
Section 610 of the Act requires EPA to "identify
nonessential products that release class I substances into the
environment (including any release during manufacture, use,
storage, or disposal) and prohibit any person from selling or
distributing any such product, or offering any such product for
sale or distribution, in interstate commerce." Specific
products to be prohibited include "chlorofluorocarbon-propelled
plastic party streamers and noise horns" and
"chlorofluorocarbon-containing cleaning fluids for
noncommercial electronic and photographic equipment."
EPA is further required to prohibit at a minimum "other
consumer products" that are determined to release class I
substances and to be nonessential. In determining whether a
product is nonessential, EPA is instructed to consider: "the
purpose or intended use of the product, the technological
availability of substitutes for such product and for such class
I substance, safety, health, and other relevant factors.'
Section 610 also states that after January 1, 1994, "it
shall be unlawful for any person to sell or distribute, or
offer for sale or distribution, in interstate commerce-- (A) any
aerosol product or other pressurized dispenser which contains a
class II substance; or (B) any plastic foam product which
contains, or is manufactured with, a class II substance."
On January 1993, the final regulation on the ban of
nonessential products releasing class I ozone-depleting
substances and requiring elimination of emissions from products
using class I substances was published in the Federal Register.
See 40 C.F.R. S 82.60-68.
EPA believes that, unlike the class I ban, the class II
ban is self-effectuating. EPA believes it has the authority to
issue regulations as necessary to implement the class II ban
under sections 610 and 301 of the Clean Air Act, as amended,
and intends to do so at a later date. More specific
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information on the use of class II substances in foams and
aerosols will be collected in the near future.
Section 610 and the regulations promulgated thereunder
apply to the manufacture and sale, rather than the purchase, of
nonessential products. However, to ensure conformity with the
requirements and policies of title VI, agency regulations
adopted under today's proposed rule must at a minimum prohibit
the purchase of any product whose sale has been prohibited
under section 610. of course, to carry out the more general
requirement of minimising the purchases of products containing
recontrolled substances, agencies will have to consider their
need to purchase all such products, not just those prohibited
under section 610.
6. Dection 611 - Labeling
Section 611 and the regulations promulgated thereunder
specifies labeling requirements beginning on May 15, 1993, for
containers of class I and class II substances, and products
containing class I substances. See 40 CFR S 82.100 -124. The
Act stipulates that "no container in which a class I or class
II substance is stored or transported, and no product
containing a class I substance, shall be introduced into
interstate commerce unless it bears a clearly legible and
conspicuous label stating: 'Warning: Contains [insert name of
substance], a substance which harms public health and
environment by destroying ozone in the upper atmosphere."
Section 611 also mandates that this same labeling
requirement "shall apply to all products manufactured with a
process that uses such class I substances unless the
Administrator determines that there are no substitute products
or manufacturing processes that (A) do not rely on the use of
such class I substance, (B) reduce the overall risk to human
health and the environment, and (c) are currently or
potentially available." The label for products manufactured
with a class I substance is required to state: "Warning:
Manufactured with [insert name of substance], a substance which
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harms public health and environment by destroying ozone in the
upper atmosphere."
After May 15, 1993, the labeling requirement shall apply
to products containing or manufactured with a class II
substance "if the Administrator determines, after notice and
opportunity for public comment, that there are substitute
products or manufacturing processes (A) that do not rely on the
use of such class II substance, (B) that reduce the overall
risk to human health and the environment, and (c) that are
currently or potentially available." The label is required to
have the same wording as that for class I substances. After
2015, these labeling requirements shall apply to all products
containing or manufactured with a class I and a class II
substance. Section 611 and the regulations thereunder apply to
the labeling of products and containers, not to their purchase.
However, to ensure conformity with the regulations and policies
of title VI, agency regulations adopted under today's proposed
rule must make compliance with section 611 a specification for
the purchase of any product or container to which section 611
applies.
7. section 612 - safe Alternatives Policy
Section 612 states as a policy that "to the extent
practicable, class I and class II substances shall be replaced
by chemicals, product substitutes, or alternative manufacturing
processes that reduce overall risks to human health and the
environment." Substitutes can be either existing or new,
currently or potentially available.
Section 613 specifically refers to the substitution of
safe alternatives identified under section 612 for class I and
class II substances. Thus, the above policy, as well as the
other requirements of section 612, are relevant to today's
proposed rule.
Under section 612 EPA will publish a list of unacceptable
substitutes and a list of corresponding acceptable alternatives
as well as establish a petition process to add or remove
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substances from either of the two lists. Under section 612(c)
EPA will also promulgate regulations making it unlawful to
replace any class I or class II substance with any substitute
which may present adverse effects to human health or the
environment, where an alternative to such a replacement has
been identified that reduces overall risk and is currently or
potentially available. Based on language in section 612, a
substitute is defined as any new or existing chemical, product
substitute, or alternative manufacturing process that is
currently or potentially available.
In evaluating substitutes, "overall risk" characterization
will consider such factors as: chlorine loadings; ozone-
depletion potential; toxicity to human health and ecosystems;
air, water. and solid/hazardous waste impacts; exposure to
workers, consumers, the general population, and aquatic
organisms; flammability; and global-warming potential.
Substitutes will be evaluated by use and in the context of (1)
the risks the substitute is replacing (i.e., the risks of
continued use of the class I or class II substances) and (2)
the risks from other substitutes. Given the particular
application of a substance, impact on human health and the
environment can vary significantly. Thus, risk
characterizations will be specific for each use sector.
In addition, economic feasibility must be assessed to
ensure that the initial list of acceptable substitutes includes
alternatives that are available and affordable in the near
term. Economics must also be considered in evaluating new
substitutes against alternatives that were previously
identified as acceptable. The Agency believes that such an
examination will help to minimize uncertainty in the
marketplace and encourage many to substitute sooner rather than
later.
EPA plans to issue a Notice of Proposed Rulemaking for the
significant New Alternatives Program (SNAP) soon. This
proposal will include an initial list of acceptable and
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unacceptable substitutes based on the results of the risk
characterizations. At the same time as the final SNAP rule, EPA
will also publish its revised list of prohibited and acceptable
substitutes. Any substitute not reviewed by the Agency prior
to the promulgation of the rules implementing the SNAP program
will need to be submitted for review under the SNAP program
once it becomes effective.
It should also be noted that, while the statute
specifically refers to section 612, EPA expects to take steps
that will facilitate substitution even before risk
characterizations have been completed and safe alternatives
have been identified by EPA under section 612. To ensure that
agencies are in a position to proceed rapidly as soon as safe
alternatives are identified, EPA will, through its outroach
effort, keep agencies informed of available alternatives and of
their status under the review process.
Today's rule is closely related to section 612, as the
purchase of safe alternatives is expected to be the principal
means through which agencies will minimize their purchase of
ozone-depleting substances. To ensure conformity with section
612, the regulations adopted by agencies pursuant to today's
proposed rule must require agency officials both to comply with
the policy in section 612(a) of maximizing the use of
alternatives to class I and class II substances in making
agency purchasing decisions, and to comply with the regulations
to be issued by EPA identifying unacceptable substitutes.
IV. Implementation of Requirements Imposed Under Section 613
Section 613 does not require EPA to issue detailed rules
specifying the manner in which federal agencies are to reduce
their use of ozone-depleting substances or related products,
and substitute safer alternatives, and EPA is not attempting to
do ao here. Rather, EPA expects that these details will be
addressed when agencies adopt and subsequently implement the
regulations or other procedures required by today's rule.
Because of the immense variety and complexity of agency
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decisions regarding which products to purchase to meet its
mission, as well as the variety of agency procurement
processes, EPA does not consider it appropriate to specify what
agencies must adopt in greater detail than is specified here.
As described above, EPA plans, and has already initiated, an
extensive outreach effort to provide assistance to other
agencies in their efforts.
Translating the general requirement of this proposed rule
into actual purchasing decisions will of course require further
efforts by agencies to identify alternatives to currently used
products, or to find entirely different approaches that avoid
the need to purchase such products altogether. For example,
agencies may change the specifications for cleaning
requirements of electronic components from solvents that are
ozone-depleting to cleaning agents that are safe, non ozone-
depleting substitutes. Based upon these efforts (which EPA
expects to assist through outreach activities), agencies will
need to develop internal plans, policies or guidance that will
ensure compliance with the general requirement of minimizing
purchasing of ozone-depleting substances. However, EPA does not
consider it appropriate to specify in this rule the precise
nature of how such policies should be developed and structured
in each agency, which is a matter of internal management.
It is important to note that today's regulation is
intended to cover new contracts and purchasing agreements, as
well as contract renewals. Because the availability of Class I
and Class II substances will be severely limited in the near
future, agencies may also need to renegotiate existing
contracts to ensure the successful conversion to substances and
processes which do not require the use of controlled
substances.
It should also be noted that, consistent with the policy
stated in section 612 of the Act, these proposed regulations
require that agencies maximize the substitution of safe
alternatives "to the extent practicable". This approach is
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intended to give agencies flexibility to deal with conditions
resulting from the phaseout of ozone-depleting substances.
However, EPA expects that very substantial changes from current
practices will be practicable. EPA's view is based on a number
of factors, including the following:
1) EPA is proposing to accelerate the phaseout of the
class I ozone-depleting substances (ODS) so that U.S.
production and imports would, in most cases, cease by January
1, 1996. As a result, equipment and procedures which currently
use ODS will, in a preponderance of cases, need to be modified
because such substances will simply not be available.
2) Compliance with other requirements of the Clean Air
Act, such as the recycling programs under sections 608 and 609,
will reduce the need for purchases of ons. FPA believes, and
the public expects, that the Federal government should be at
the forefront in the efforts to protect stratospheric ozone.
Many agencies have already taken significant steps toward this
objective. Given the leadership that Federal agencies should
provide vis a vis industry, other governments and the general
public, it is imperative that all entities in the Federal
government implement major efforts to deal with stratospheric
ozone protection.
3) Recent data published by NASA and measured in September 1992
by the Total Ozone Mapping Spectrometer indicates that the
annual cycle of ozone depletion is starting earlier in 1992
than ever, and that the extent of depletion is 15 1 greater
than the previous year. Therefore, activities to control ODS
have become even higher national and international priorities.
This is reflected by the recent meeting of the Parties to the
Montreal Protocol during which it was decided to add substances
to the phaseout listing and to significantly accelerate the
phaseout
It is important to note that maximizing the substitution
of safe alternatives "to the extent practicable" will require
agencies to take steps beyond simply changing the products they
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purchase. Agencies must also examine their existing operations
and develop procedures to reduce the use of products
containing, or manufactured with, ozone-depleting substances.
Not all agency practices that result in the potential
release of ozone-depleting substances are within the scope of
section 613. For example, existing equipment containing CFCs
may be a potential source of releases, and neither section 613,
nor today's proposed rule, require that such equipment be
immediately taken out of service. However, to the extent that
the maintenance of such equipment requires the purchase of
replacement CFCs, it would be affected by this rule, and
agencies should adopt policies that minimize the further
purchase of CFCs to the maximum extent feasible (e.g.,
recycling at servicing and, in some cases, by retrofitting
equipment so that it can be operated without CFCs). In
addition, where the purchase of ozone depleting substances is
unavoidable, agencies would be required under today's proposal
to further the broad aims of title VI. For example, agencies
using halons should purchase them from halon banks.
To the extent that the operation of existing equipment
does not incur purchases or substitution and is thus beyond the
scope of today's proposed rule, but otherwise involves the use
of ODS, EPA urges agencies to adopt policies designed to
minimize the release of ozone-depleting substances and to
maximize recycling and conservation of the substances. For
example, agencies dismantling halon systems should recycle
these chemicals and provide them to halon banks. In addition,
agencies are required to comply with the prohibitions on
venting of section 608 of title VI of the Act and any
forthcoming requirements regarding recycling and emission
control under that section.
EPA recognizes that there often are substantial financial
requirements inherent in making conversions to processes that
do not use ODS. The practicability feature of the rule will
allow such considerations to be taken into account in selecting
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methods to reduce demand for ozone-depleting substances. The
immense variety of equipment and processes used by the Federal
government make it impossible for EPA to specify in detail what
types of actions must be taken and what lengths of time should
be allowed to take them. EPA also notes that time is a
consideration in determining what is practicable. What is
impracticable in the short term may be feasible over a longer
period of time. However, EPA expects that procurement practices
will be adopted which reduce use of ozone-depleting substances
on a very aggressive schedule.
V.
Summary of Supporting Analyses
A.
Executive Order 12291
Executive Order (E.O.) 12291 requires the preparation of a
regulatory impact analysis for major rules, defined by the
order as those likely to result in:
(1) An annual effect on the economy of $100 million or
more:
(2) A major increase in costs or prices for consumers,
individual industries, federal or state government agencies, or
geographic regions; or
(3) Significant adverse effects on competition,
employment, investment, productivity, innovation, or on the
ability of the United States-based enterprises to compete with
foreign-based enterprises in domestic or export markets.
EPA has determined that this proposed regulation does not
meet the definition of a major rule under E.O. 12291 and has
therefore not prepared a formal regulatory impact analysis. EPA
believes that this proposed rule will not have a significant
economic impact since its underlying purpose is to prepare
Federal agencies to deal with the phaseout of ozone-depleting
substances required under title VI of the Clean Air Act.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act, 5 U.S.C. 601-612, requires
that Federal Agencies examine the impact of their regulations
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on small entities. Under 5 U.S.C. 604(a), whenever an agency is
required to publish a general notice of proposed rulemaking, it
must prepare and make available for public comment an initial
regulatory flexibility analysis (RFA). Such an analysis is not
required if the head of an agency certifies that a rule will
not have a significant economic impact on a substantial number
of small entities, pursuant to 5 U.S.C. 605(b).
The Administrator believes that the regulation, if
promulgated, will not have a significant impact on a
substantial number of small entities and has concluded that a
formal RFA is unnecessary.
This proposed regulation requires Federal agencies to conform
their procurement regulation to the regulations, policies and
procedures governing the phaseout of ozone-depleting
substances. EPA believes that most companies in industries
supplying goods and services made with or containing ozone-
depleting substances to the Federal government are already
aware of the requirements of title VI. Therefore, these
companies are prepared to offer alternatives to meet amended or
new federal procurement specifications required by this
regulation. This proposed regulation will primarily affect
government procurement specifications, which small entities
respond to at a cost level appropriate to the goods and
services purchased.
C. Paperwork Reduction Act
As required by S 35.04 of the Paperwork Reduction Act, 44
U.D.C.3501 et sec., EPA submitted an information request to the
office of management and Budget for review. (The recordkeeping
and reporting requirements contained in this rulemaking were
approved by the office of Management and Budget under control
number------)
The reporting burden for Federal government agencies for
this collection is estimated to be an average of 70 hours for
each of the responding agencies.
Dated:
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Administrator
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Title 40, code of Federal Regulations, Part 82, is proposed to
be amended to read as follows:
1. The authority citation for Part 82 continues to read as
follows:
PART 82 - PROTECTION OF STRATOSPHERIC OZONE
Authority: 42 U.S.C. 7671-7671 (q)
2. A new Subpart
is added to read as follows:
Subpart
82.100
Purpose and Scope
82.102
Definitions
82.104
Federal Agency Procurement
82.106
Reporting Requirements
S 82.100 Purpose and Scope
(a) The purpose of this subpart is to require federal
departments, agencies, and instrumentalities to adopt
procurement regulations which conform to the policies and
requirements of title VI of the Clean Air Act as amended, and
which maximize the substitution in federal procurement of safe
alternatives, as identified under section 612 of the Clean Air
Act, for class I and class II substances.
(b) These regulations apply to each department, agency,
and instrumentality of the United States.
5 82.102 Definitions
(a) Class I substance means any substance designated as
class I by EPA pursuant to 42 U.S.C. $7671 (a), including but
not limited to chlorofluorocarbons, halons, carbon
tetrachloride and methyl chloroform.
(b) Class II substance means any substance designated as
class II by EPA pursuant to 42 U.S.C. $ 7671(a), including but
not limited to hydrochlorofluorocarbons.
(c) Controlled substance means a class I or class II
ozone-depleting substance.
(d) Department. agency and instrumentality of the United
States refers to any executive department, military department,
or independent establishment within the meaning of 5 U.S.C. S
101, 102, and 104 (1), respectively, any wholly owned Government
corporation, the United States Postal Service and Postal Rate
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Commission, and all parts of and establishments within the
legislative and judicial branches of the United States.
S 82.104 Requirements
(a) No later than [one year from the date of final
publication], each department, agency and instrumentality of
the United States shall conform its procurement regulations to
the requirements and policies of title VI of the Clean Air Act,
42 U.S.C.7671-7671g. Each such regulation shall provide, at a.
minimum, the following:
(1) that purchases of class I and Class II substances, or
products made with or containing such substances, shall be
minimized to the maximum extent practicable, either by
substitution of safe alternatives, or products made with or
containing cafe alternatives, identified under 42 U.S.C. B.
7671k, by taking other actions;
(2) that no purchases shall be made of class II
substances, or products containing class II substances, for the
purpose of any use prohibited under 42 U.S.C. S. 7671d(c)
(3) that all active contracts involving the performance of
any service or activity subject to 42 U.S.C. S. 7671g or 7671h
or regulations promulgated thereunder include, or be modified
to include, a condition requiring the contractor to ensure
compliance with all requirements of those sections and
regulations;
(4) that no purchases shall be made of products whose sale
is prohibited under 42 U.S.C. S. 7671h, except when they will
be used by persons employed to service vehicles, and no
purchase shall be made of nonessential products as defined
under 42 U.S.C. S. 76711;
(5) that proper labeling under 42 U.S.C. S. 76713 shall be
a specification for the purchase of any product subject to that
section.
(6) that where the purchase of class I and class II
substances is unavoidable, recycled substances will be used to
the maximum extent practicable.
(b) For agencies subject to the Federal Acquisition
Regulation, 48 CFR Part 1, amendment of the FAR consistent with
the Office of Federal Procurement Policy's Policy Letter No.
# published at [citation to be inserted at final publication],
shall satisfy the requirement of this section.
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S 82.106 Reporting Requirements
No later than one year after the effective date of this
rule, each agency, department, and instrumentality of the
United States shall submit to the Office of Management and
Budget, information regarding the implementation of procurement
regulations in accordance with this subpart. This report shall
include an analyses of the uses of ozone-depleting substances
in each agency, a plan for the phasing out of the use of these
substances, and the plans for the use of safe substitutes,
recycling, destruction, and "banking" of these substances. This
report shall also include a certification by each entity
covered by this rule, that its procurement regulations have
been amended in accordance with this section.
Certification by the General Services Administration that
the FAR has been amended in accordance with this section shall
constitute adequate certification for purposes of all agencies
subject to the FAR.
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April 7, 1993
Executive Order ---- of ,1993
Procurement Requirements and Policies for Federal Agencies
Ozone-Depleting Substances
WHEREAS, the Administration recognized the essential function
of the stratospheric ozone layer in shielding the earth from
dangerous ultraviolet radiation, and is cognizant of the recent
increase in the depletion of the ozone layer; and
WHEREAS, the production and consumption of substances that
cause the depletion of stratospheric ozone is being rapidly
phased out on a world-wide basis with the support and
encouragement of the United States; and
WHEREAS, the Federal Government, as one of the principal users
of these substances, is able through affirmative procurement
practices to significantly reduce the use of these substances
and to provide leadership in their phaseout;
APR-07-1993
NOW, THEREFORE, I, -----, by the authority vested in me as
President by the Constitution and the laws of the United States
of America, including the Clean Air Act as amended in 1990,
Public Law 101-549, hereby order as follows:
PART 1 - PREAMBLE
Section 101. The purpose of this Executive order is to:
(a) Require that Federal Agencies conform their
procurement regulations and practices to the policies and
requirements of Title VI of the Clean Air Act Amendments, which
deals with Stratospheric Ozone Protection.
(b) Mandate that Federal agencies maximize the use of safe
alternatives to ozone-depleting substances.
(c) Require that Federal agencies evaluate the present and
future uses of ozone-depleting substances, including making
assessments of existing and future needs of such materials and
their use of and plans for recycling.
(d) Require that Federal agencies modify their procurement
practices and implement programs to modify specifications and
contracts which require the use of ozone-depleting substances.
APR-07-1993 14:30 FROM
(e) Establish Federal Government leadership, develop
exemplary practices, and disseminate information on successful
efforts in phasing out ozone-depleting substances.
PART 2 - DEFINITIONS
For purposes of this order:
Sec. 201. "Federal Agency" means any executive department,
military department, or independent establishment within the
meaning of 5 U.S.C. $ 101, 102, and 104 (1), respectively, any
wholly-owned Government corporation , the United States Postal
Service and Postal rate Commission, and all parts of, and
establishments within, the legislative and judicial branches of
the United States.
Sec. 202. "Procurement" and "Acquisition" are used
interchangeably to refer to the processes through which the
Federal agencies purchase products.
Sec. 203 "Procurement Regulation, Policies and Procedures"
means the complete acquisition process, including the
generation of product descriptions by individuals responsible
for determining which substances must be acquired by the agency
to moat its mission.
APR-07-1993 14:31 FROM
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Sec. 204. "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 T in the Federal Register notice of July 30, 1992
(57 FR 33753), including chlorofluorocarbons, halons,
carbon tetrachloride and methyl chloroform and any other
substance EO designated by EPA 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 FR 33753), including hydrochlorofluorocarbons and any
other substance so designated by EPA at a later date.
Sec. 205. "Recycling" is used to encompass recovery and
reclamation, as well as the re-use of controlled substances.
PART 3 - FEDERAL PROCUREMENT REGULATIONS, POLICIES AND
PROCEDURES
Sec. 301. POLICY. It is the Policy of the Federal government
that Executive agencies minimize the use of materials and
substances that contribute to the depletion of stratospheric
ozone and give preference to the use of alternative chemicals,
APR-07-1993 14:31 FROM
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,
consistent with the phaseout schedules promulgated by EPA under
section 604 of the Clean Air Act, agencies shall:
A.
Minimize to the extent possible the procurement of
products containing or manufactured with Class I or Class
II substances;
B.
Amend previously-awarded contracts to be consistent with
the phaseout schedules for Class I and Class II
substances;
C.
Implement policies and practices which recognize the
increasingly limited availability of Class 1 or Class II
substances. Such practices shall include, but are not
limited to:
1.
Reducing emissions and recycling ozone-depleting
substances, as required by sections 608 and 609 of
Title VI of the Clean Air Act Amendments;
2.
Ceasing the purchase of nonessential products ac
required in section 610 of Title VI of the Clean Air
Act Amendments; and
APR-07-1993 FROM
3.
Requiring 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. 302. RESPONSIBILITIES. Not later than six months after
the effective date of this Executive Order, each Federal Agency
shall have in place practices which to the extent practicable
minimize the use of Class I or Class II substances. Such
practices shall include but not be 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, which do not require the use of
Class I substances in new procurement and which limit the
use of Class II substances consistent with section 612 of
the Act;
C.
Amending existing contracts to require the use of safe
alternatives.
Sec. 303. REPORTING REQUIREMENTS. Not later than 6 months
after the effective date of this Executive Order, each Federal
Agency shall report to the Office of Management and Budget, and
submit information regarding the implementation of the policies
HPR-07-1950
prescribed in this Order. The report shall include a
certification by each Agency that its regulations and
procurement practices have been amended to comply with the
policies prescribed in this Order.
Sec. 304. EXCEPTIONS. Exceptions to complying with the
provisions of Title VI of the Clean Air Act Amendments may be
made in accordance with section 604 of this Act, and with the
provisions of the Montreal Protocol. Section 604 establishes
procedures for requesting exceptions for essential uses such as
medical devices, aviation safety, etc.
sec. 305. EFFECTIVE DATE. This Executive Order is effective
30 days after the date of issuance. While full implementation
of this Order must await needed change in the FAR it is
expected that Agencies will take all appropriate actions in the
interim to implement those aspects of the Order that are not
dependent upon regulatory change.
Sec. 306. FEDERAL ACQUISITION REGULATORY COUNCILS. Pursuant
to section 6(a) of the OFPP 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 promulgated.
Sec. 307. INFORMATION. Questions or inquiries about the
policy aspects of this Order shall be directed to
-------,
For
APR-07-1995 FROM
information regarding the requirements of Title VI of the Clean
Air Act Amendments and other technical information and
requirements contact Poter Voigt, Stratospheric Protection
Division, EPA, 6205 J, 401 M St. SW, Washington, DC 20460,
telephone (202) 233-9185.
DRAFT DRAFT DRAFT
THE WHITE HOUSE
Office of the Press Secretary
Executive Order No.
Tab
PROCUREMENT REQUIREMENTS AND POLICIES
FOR FEDERAL AGENCIES
OZONE-DEPLETING SUBSTANCES
4 THEY, TAKE HA onrs 'R n Anythine, wentit FOR
WHEREAS, this Administration recognizes the essential
function of the stratospheric ozone layer in shielding the earth
from dangerous ultraviolet radiation, and is cognizant of the rapidly
recent increase in the depletion of the ozone layer; and
accelerating
WHEREAS, the production and consumption of substances that
cause the depletion of stratospheric ozone is being rapidly
?
phased out on a world-wide 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 U.S. is a signatory, calls for a
phase out of the production of these substances by the year 1995;
and
WHEREAS, the Federal Government, as one of the principal
users of these substances, is able through affirmative its
procurement practices to significantly reduce 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 can
contribute positively to the economic competitiveness on the of
world market by U.S. manufacturers of these innovative
alternatives;
significantly
of the United
NOW, THEREFORE, I, William Jefferson Clinton, by the
States
authority vested in me as President by the Constitution and the
laws of the United States, of America, including the Clean Air Act
as amended in 1990, Public Law 101-549, hereby order as follows:
PART 1 - PREAMBLE
du
Sec. 101. The purpose of this Executive order is to:
(a) require that Federal Agencies 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) mandate that Federal agencies maximize the use of safe
alternatives to ozone-depleting substances;
(c) require that Federal agencies evaluate the present and
future uses of ozone-depleting substances, including making
assessments of existing and future needs of such materials and
their use of and plans for recycling;
(d) require that Federal agencies modify their procurement
practices and implement programs to modify specifications and
contracts which require the use of ozone-depleting substances to
use of non-ozone depleting substances for non-essential uses; and
(e) establish Federal Government leadership, develop
exemplary practices, and disseminate information on successful
efforts in phasing out ozone-depleting substances.
PART 2 - DEFINITIONS
"asenag"??
Sec. 201. "Federal Agency" means any executive department,
military department or independent establishment within the
meaning of 5 U.S.C. 101, 102, and 104 (1), respectively, any
wholly-owned Government corporation, the United States Postal
Service and Postal Rate Commission, and all parts of, and
establishments within the legislative and judicial branches of
the United States.
Sec. 202. "Procurement" and "acquisition" are used
interchangeably to refer to the processes through which Federal
agencies purchase products.
Sec. 203. "Procurement regulations, policies and
procedures" means 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.
Sec. 204. "Ozone-depleting substances" means the substances
controlled internationally under the Montreal Protocol and
nationally under Title VI of the Clean Air Amendments. This
includes both Class I and Class II substances as follows:
(a) "Class I substance" means any substance designated as
Class I in the Federal Register notice of July 30, 1992 (57 FR
33753), including chlorofluorocarbons, halons, carbon
tetrachloride and methyl chloroform and any other substance so
designated by EPA at a later date; and
(b) "Class II substance" means any substance designated as
Class II in the Federal Register notice of July 30, 1992 (57 FR
33753), including hydrochlorofluorocarbons and any other
substance so designated by EPA at a later date.
Sec. 205. "Recycling" is used to encompass recovery and
reclamation, as well as the re-use of controlled substances.
PART 3 - FEDERAL PROCUREMENT REGULATIONS, POLICIES AND
PROCEDURES
Sec. 301. POLICY. It is the Policy of the Federal
government that Executive agencies minimize the use of materials
and substances that contribute to the depletion of stratospheric
ozone prior to the guidelines established under Title VI of the
CAA and issued in concurrence with this Executive Order and give
preference to the use 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 but
consistent with) the phaseout schedules promulgated by EPA under
1
section 604 of the Clean Air Act, agencies shall:
(a) minimize to the extent possible the procurement of
products containing or manufactured with Class I or Class II
federal
substances in anticipation of both the phaseout schedule
promulgated by EPA to be completed by the end of 1994 and the
international deadlines defined under the Montreal Protocol;
, to
???
(b) amend previously-awarded contracts to be consistent
with the phaseout schedules for Class I and Class II substances;
the
(c) implement policies and practices which recognize the
increasingly limited availability of Class I or Class II
extent
substances as production levels capped by the Montreal Protocol
decline until final phaseout in 1995. Such practices shall
fewible
include, but are not limited to:
and
(1) reducing emissions and recycling ozone-depleting
substances, as required by sections 608 and 609 of Title VI
/
of the Clean Air Act Amendments;
(2) ceasing the purchase of nonessential products as
required in section 610 of Title VI of the Clean Air Act
Amendments; and
(3) requiring 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.
what if then are huge wst ansequences?
Sec. 302. RESPONSIBILITIES. Not later than six months
after the effective date of this Executive Order, each Federal
Agency shall have in place practices which to the extent
practicable minimize the use of Class I and Class II substances.
Such practices shall include but not be 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, which do not require the use of
Class I substances in new procurement and which limit the use of
Class II substances consistent with section 612 of the Act;
(c) amending existing contracts to require the use of safe
alternatives.
SPACES
Sec. 303. REPORTING REQUIREMENTS. Not later than 6 months
after the effective date of this Executive Order, each Federal
Agency shall report to the Office of Management and Budget, and
submit information regarding the implementation of the policies
prescribed in this Order. The report shall include a
certification by each Agency that its regulations and procurement
practices have been amended to comply with the policies
prescribed in this Order.
Sec. 304. EXCEPTIONS. Exceptions to complying with this
Executive Order are the same as exceptions to the provisions of
Title VI of the Clean Air Act Amendments may be made in
accordance with section 604 of this Act, and with the provisions
of the Montreal Protocol. Section 604 establishes procedures for
requesting exceptions for essential uses such as medical devices,
aviation safety, etc.
Sec. 305. EFFECTIVE DATE. This Executive Order is
effective 30 days after the date of issuance. While full
implementation of this Order must await needed change in the
Federal Acquisition Regulations, it is expected that Agencies
will take all appropriate actions in the interim to implement
those aspects of the Order that are not dependent upon regulatory
change.
Sec. 306. FEDERAL ACQUISITION REGULATORY COUNCILS.
Pursuant to section 6 (a) of the OFPP 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 promulgated.
Sec. 307. INFORMATION. Questions or inquiries about the
policy aspects of this Order shall be directed to
For
information regarding the requirements of Title VI of the Clean
Air Act Amendments and other technical information and
requirements contact Peter Voigt, Stratospheric Protection
Division, EPA, 6205 J, 401 M Street, S.W., Washington, D.C.
20460, telephone (202) 233-9185.
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MASTER FOR CHANGES
THE COMPANY PINK
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, P.C. masor
OFFICE OF FEDERAL
PROCUREMENT POLICY
FAX COVER SHEET
TODAY'S DATE: 2-22-93
TO:
Peter Voigt
TELEPHONE No.:
FAX No.:
233-9577
FROM:
Chick Clark
TELEPHONE No.:
(202) 395- 6805
FAX No.:
(202) 395-5105
NUMBER OF PAGES
(including cover sheet): 7
REMARKS: PeTer: This is letost OFFP dr.Pt.
Our Counsel's 0 Pfice wants To KNOW iF
you
CON curr So pls. give me a colletter
you've reviewed. Thanks.
P.S. STill Need p.10 of your rule. I'm
NOT having much luck with Walzs.
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OFFICE OF MANAGEMENT AND BUDGET
OFFICE OF FEDERAL PROCUREMENT POLICY
(Issuance of Policy Letter 93-X)
Prohibition on Acquiring and Using Ozone Depleting Substance
AGENCY: Exacutive Office of the President, Office of Management
and Budget, Office of Federal Procurement Policy (OFPP).
ACTION: Solicitation of public comments on a draft OFPP Policy
Letter that would require Federal agencies to minimize the use of
material and substances which contribute to the depletion of
stratospheric ozone.
SUMMARY: The proposed Policy Letter is issued in cooperation with
the Environmental Protection Agency (EPA) to assist EPA in its
implementation of Section 613 of the Clean Air Act Amendments of
1990 (42 U.S.C. 76711). As proposed, the Policy Letter would
require that the single Government-wide procurement regulation, the
Federal Acquisition Regulation (FAR), be amended within 180 days to
curtail the acquisition and use of Class I and Class II ozone
depleting substances.
A Class I ozone depleting substance means any substance designated
as Class I in the Federal Register notice of July 30, 1992 (57 FR
33753) including chlorofluorocarbons, halons, carbon tetrachloride
and methyl chloroform and any other substance 50 designated by EPA
at a later date. A Class II substance means any substance
designated as Class II in the Federal Register notice of July 30,
1992 (57 FR 33753) including hydrochlorofluorocarbons and any other
substance so designated by EPA at a later date.
Concurrent with the issuance of this proposed Policy Letter, EPA is
issuing a proposed rule pursuant to its authority under section
613. EPA's proposed rule states that incorporation of the Policy
Letter in the FAR would provide the Government-wide implementation
required by Section 613 for agencies subject to the FAR.
COMMENT DATE: Comments on the proposed Policy Letter must be
received on or before [30 days from date of publication]. Comments
on KPA's proposed rule should be sent to EPA.
ADDRESS AND INFORMATION CONTACT: Comments should be sent to
Charles W. Clark, Office of Management and Budget, 725 17th Street,
NW, Washington, DC 20503. Questions may be addressed to Mr. Clark
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2
on (202) 395-6805. Comments concerning whether the proposed Policy
Letter would meet the requirements of Section 613 should be sent to
EPA, in response to its proposed rule.
Allan V. Burman
Administrator
Date:
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EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
OFFICE OF FEDERAL
PROCUREMENT POLICY
POLICY LETTER NO. 93-X
TO THE HEADS OF EXECUTIVE DEPARTMENTS AND ESTABLISHMENTS
SUBJECT: Prohibition on the Acquisition and Use of Ozone
Deplating Substances
1
Purpose. This Policy Letter is issued in cooperation with
the Environmental Protection Agency (EPA) to assist in
implementing Section 613 of the Clean Air Act Amendments of
1990 (42 U.S.C. 76711). The Policy Letter requires that
Executive agencies:
i
Conform their procurement regulations and practices to
protect stratospheric ozone in accordance with the
requirements of Title VI of the Clean Air Act
Amendments;
A
Maximize the use of safe alternatives to ozone
depleting substances;
C.
Evaluate their present and future uses of ozone
depleting substances, to include assessments of
existing and future needs and the use of, and plans
for, recycling such materials;
d. Modify their procurement practices and implement
programs to amend specifications and contracts which
require the use of ozone depleting substances, and
B.
Develop exemplary practices minimising the use of ozone
deplating substances and disseminate information on
their phase out.
Authority. This Policy Letter is issued pursuant to Section
6(a) of the Office of Federal Procurement Policy (OFPP) Act,
as amended, 41 U.S.C. 405(a).
Definitions.
a.
Executive Agency. Means an Executive department, and
an independent establishment within the meaning of 5
U.S.C. 101, 102, 103(1) and 104(1), respectively.
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2
b.
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 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 FR 33753) including chloro-
fluorocarbons, halons, carbon tetrachloride and
methyl chloroform and any other substance 50
designated by EPA 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 FR 33753) including hydrochloro-
fluorocarbons and any other substance so
designated by EPA at a later date.
Background.
in
Section 613 of the Clean Air Act Amendments requires
the Administrator of EPA to promulgate regulations
requiring each department, agency and instrumentality
of the United States to conform its procurement
regulations to the policies and requirements of Title
VI of the Clean Air Act.
b.
Inasmuch as Government-vide procurement regulations are
contained in the Federal Acquisition Regulation (FAR),
amendment of the FAR is considered to be an effective
manner for helping to implement Section 613. Section
6(a) of the OFPP Act authorizes the Administrator for
Federal Procurement Policy to prescribe Government-vide
procurement policies to be implemented in the FAR.
C.
While some Executive agencies such as the Department of
Defense and the General Services Administration (GSA),
have already made significant advances in phasing out
their use of ozone depleting substances, the policies
prescribed in Paragraph 5 below shall serve to guide
the procurement decisions and programs of all Executive
agencies pending the development and implementation of
changes to the FAR.
B.
Policy. It is the policy of the Federal Government that
Executive agencies minimize the use of materials and
substances which contribute to the depletion of
stratospheric ozone and give preference to the use 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
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3
atmosphere. In implementing this policy agencies shall,
consistent with the phaseout schedules promulgated by EPA
under Section 604 of the Clean Air Act:
i
Minimize to the extent possible, the procurement of
products containing or manufactured with Class I or
Class II substances;
SBE CONSISTENT WITH THE
6.
Amend previously awarded contracts to delete to the
extent possible, the use of any. Class I or Class II - PHASEOUT
substances;
SCHEDULES FOR
c.
Implement policies and practices which recognize the
increasingly limited availability of Class I or Class
II substances. Such practices shall include, but are
not limited to:
-
Reducing emissions and to recycling ozone
depleting substances, as required in Sections 608
and 609 of Title VI of the Clean Air Act
Amendments;
-
Ceasing the purchase of nonessential products as
required in Section 610 of Title VI of the Clean
Air Act Amendments, and
-
Requiring that any acquired products containing
Class I or Class II substances be labeled in
accordance with Section 611 of the Clean Air Act
Amendments.
6-
Responsibilities. Not later than one year after the
effective date of this policy, each Executive agency shall
have in place practices which to the extent practicable
minimise (consistent with the Clean Air Act phaseout
schedules) the use of Class I or Class II substances as
defined in Paragraph 3. Such practices should include but
are not limited to:
i
Altering existing equipment and/or procedures to make
use of safe alternatives;
i.
Specifying the use of safe alternatives and of goods
and services, where available, which do not require the
use of Class I or Class H substances in new
procurements; and
AND WHICH LIMIT THE USE OF CLASS II
c.
Amending existing contracts to require the use of safe SUBSTANCES
alternatives.
CONSITENT
WITH
SECTION 612
OF THE ACT
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4
7.
Reporting Requirements. Not later than 6 months after the
effective date of this policy, each Executive agency shall
report to OFPP and submit information regarding the
implementation of the procurement polices prescribed in this
Policy Letter. This report shall include a certification by
each Executive agency that its regulations and practices
have been amended to comply with the policies prescribed by
this Policy Letter.
Exceptions. Exceptions to complying with the provisions of
this Policy Letter may be made in accordance with Section
604 of the Clean Air Act Amendments, and with the provisions
of the Montreal Protocol. Section 604 provides exceptions
for essential uses of methyl chloroform and other specific
substances for use in medical devices and aviation safety
and for national security purposes.
Effective Date. This Policy Letter is effective 30 days
after the date of issuance. While full implementation of
these policies must await needed change to the FAR, it is
expected that agencies will take all appropriate actions in
the interim to implement those aspects of the policy that
are not dependent upon regulatory change.
10.
Federal Acquisition Regulatory Councils. Pursuant to
Section 6(a) of the OFPP Act, as amended, 41 U.S.C. 405(a),
the Defense Acquisition Regulations 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 Policy Letter is published in the
Federal Register. The 180 day period is considered a
"timely manner" as prescribed in 41 U.S.C. 405(b).
11.
Information. Questions or inquiries about the procurement
aspects of this Policy Letter should be directed to Cyndi
Vallina, Office of Federal Procurement Policy, 725 17th
Street, NW, Washington, DC 20503, telephone (202) 395-3501.
For information about safe alternatives and other technical
requirements contact Mr. Peter voigt, Stratospheric
Protection Division, EPA, 6202J, 401 M Street, SW,
Washington, DC 20460, telephone (202) 233-9185.
Allan V. Burman
Administrator
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EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE or MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
FEB 26 1993
MEMORANDUM FOR ALLAN V. BURMAN
FROM:
JAMES B. MACRAE JRAN
SUBJECT:
Draft Office of Federal Procurement Policy (OFPP)
Policy Letter: "Prohibition on the Acquisition and
Use of Ozone Depleting Substances"
Thank you for the opportunity to review the draft OFPP policy
letter titled "Prohibition on the Acquisition and Use of Ozone
Depleting Substances." I understand that the purpose of this
letter is to assist the Environmental Protection Agency (EPA) in
meeting the statutory requirements of Section 613 of the Clean
Air Act Amendments of 1990 (CAAA). Section 613 directs EPA, in
consultation with other Federal agencies, to promulgate
regulations requiring all Federal agencies to conform their
procurement regulations with the specific requirements of Title
VI of the CAAA, which covers Stratospheric Ozone Protection. I
recommend against issuance of this OFPP policy letter at this
palance
time and suggest that EPA proceed with its own rulemaking.
First I am concerned that the OFPP policy letter does not
incorporate a balancing of benefits and costs and so is
inconsistent with the Title VI regulations promulgated to date.
In interpreting the statutory requirements of Title VI, EPA has
explicitly incorporated a balancing of the costs and benefits of
regulatory actions. This balancing can be seen in EPA's
interpretation of Title VI statutory directives to "maximize
recycling," or "reduce the use and emissions of such substances
to the lowest achievable level." EPA has stated that they do not
believe these standards are:
" solely technical in nature, but rather contemplates a
role for economic factors in determining the lowest
'achievable' level of emissions and the maximum amount of
recycling.
While the Section 613 statutory language on Federal procurement
does not explicitly mention a balancing of regulatory costs and
benefits, it is logical that such balancing be incorporated into
the development of procurement policies as has been done with
other related Title VI provisions. However, OFPP's policy letter
I Section 608 Notice of Proposed Rulemaking, 57 FR 58648,
December 10, 1992.
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-2-
does not include any such balancing of costs, stating, for
example, in Section 5, "Policy", that:
"It is the policy of the Federal Government that Executive
agencies minimize the use of materials and substances which
contribute to the depletion of the stratospheric ozone and
give preference to the use 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." (Emphasis
added)
Such broad statements of Federal Policy to "minimize" and "give
preference" without consideration of economic factors conflict
with the Title VI regulations that have been promulgated to date.
I believe that these procurement regulations must be developed in
full consideration of "economic factors," and that EPA is the
agency with the technical expertise and experience to undertake
this and insure consistency with other Title VI regulations.
Secondly, Section 613 places the lead responsibility for
premulgating these regulations with EPA. The statute states
EPA
that, "the Administrator, in consultation with the Administrator
of the General Services Administration and the Secretary of
Defense, shall promulgate regulations requiring each department,
lead
agency, and instrumentality of the United States to conform its
procurement regulations" to the requirements of Title VI. This
language clearly charges EPA as the lead agency in the
development of these regulations. A draft policy letter in
geney
tandem with an EPA draft regulation might take the lead
responsibility away from EPA and create confusion about ultimate
responsibility for the regulation. Further, Section 613 appears
to envision Federal agency revision of procurement policies only
after promulgation of an EPA final rule.² For these reasons, I
feel that EPA is both primarily responsible and best equipped to
promulgate a procurement regulation that will satisfy the
requirements of Section 613 and be consistent with the Title VI
regulations promulgated to date.
We understand that EPA has had a draft proposed regulation
prepared for several weeks already, but that they are not
2 Section 613 directs EPA's Administrator to promulgate
procurament regulations, "[n]ot later than 18 months after the
enactment of the Clean Air Act Amendments of 1990", or by May 15,
1992. The statute goes on to set a subsequent deadline for
Federal departments and agencies to conform, "[n]ot later than 30
months after the enactment" of the CAAA, i.e. 12 months after
EPA promulgation of a final regulation. The statute appears to
intended that agency and department changes in procurement
policies follow and be based upon the final EPA rule.
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pursuing this approach in deference to OFPP action on the policy
letter. Since EPA has entered into a settlement agreement with a
plaintiff to propose a draft rule by March 1, 1993, further delay
in this rulemaking will jeopardize development of a proposal in
response to this agreement. In our view, EPA should proceed with
an EPA regulation to implement Section 613, including submitting
it to OMB for Executive Order 12291 review.
NOTE TO KATIE FROM DAN
RE: FEDERAL PROCUREMENT OF NON-CFC EQUIPMENT
BOTTOM LINE:
While being careful not to compromise your position on regulatory
issues as exclusively the court of last appeal, you should call
OMB to shake loose the Policy Letter which will greatly expedite
the US government procurement of ozone-safe technologies.
Procurement Letter/Regulation:
There is an internal conflict within OMB over whether to issue a
Policy Letter which will in effect greatly expedite the impact of
the federal procurement regulations required under Clean Air Act
section 613. A phone call from you to Allan Burman,
Administrator of OMB's Office of Federal Procurement Policy,
could be enough to get the process moving again over OIRA's
flimsy objections (of which I think you are aware). The
regulations themselves are on the right track (and will need to
be promulgated regardless of what happens to the policy letter).
DuPont's Perspective:
As you know, DuPont has its own reasons for wanting to get out of
CFCs ASAP (mainly to sell the higher-priced alternatives). Who
will still be in the business of making CFCs after the phaseout
in 1996 for any possible "essential uses" through 2000 is
obviously an unanswered question (although it clearly won't be
DuPont). I think that, given the delays in issuing the policy
letter and the regulations, GSA called DuPont because it was just
trying to cover its behind.
Stockpiling:
Stockpiling isn't necessarily a big problem. It certainly isn't
against any CAA regulations. In fact, EPA has argued that, to
the extent that product remains available after the phaseout date
(either by recycling or stockpiling within the proscribed
limits), the useful life of capital equipment would be extended
and the need for any additional production for essential uses
after 1996 would be eliminated. For example, the athsma inhaler
folks are stockpiling because they don't need much product, but
they need it until 1998 when the substitutes will have gone
through all necessary FDA testing.
Recommendation:
Call and shake that sucker loose--its good for the environment
and good for promoting environmental technologies.
Cathy - 3/3
-
Participants
Copy of the
OFFICE OF FEDERAL PROCUREMT
POLICY
Progrement Policy
ALLAN BURMAN
Letter on Strat.
ADMINISTRATOR
CHARLES CLARK
Drone and the
OUR CONTACT
OIRA
Ol RA response.
7AMES MACRAE
Please give me a
(ACTING CHIEF 2)
CHRIS WOLZ
ANALYST.
call f you have question
- Retur 233-9185
[
zele
THE WHITE HOUSE
WASHINGTON
March 8, 1993
MEMORANDUM FOR THE VICE PRESIDENT
tume
FROM:
KATIE MCGINTY
SUBJECT:
MEETING TODAY WITH EDGAR WOOLARD OF DUPONT
R
You will be meeting today with Edgar Woolard, Chairman of
the Board of DuPont, regarding CFC phase out in the federal
government. You need to discuss possible changes in procurement
policy and your commitment to seeing that the General Services
Administration and other federal agencies can prepare for the
Montreal Protocol deadline of a 1995 CFC production ban.
1) Woolard recently let our office know that the folks at
the General Services Administration asked Dupont to supply CFC's
for needs which DuPont suspects are intended to meet government
requirements beyond the year 2000. They believe that the
government does not have adequate plans in place for CFC
conversion nor has the government committed the necessary funds
for the retrofit of existing equipment that will be needed.
2) However, to some degree, there is action within the federal
government on this front. In Section 613 of the Clean Air Act
Amendments, EPA was to issue regulations stating that federal
agencies must modify their procurement policies to minimize the
use of products made with ozone depleting chemicals by April 1,
1993. The final regs are due in October of 1993. The
regulations will state that each department agency and
instrumentality of the United States must certify to OMB by
October of 1994 that their procurement guidelines have been
modified to:
(1) Give preference to the use of alternative chemicals, product
substitutes, and alternative manufacturing processes; and
(2) minimize the use of materials and substances which contribute
to the depletion of stratospheric ozone.
Federal procurement is in general governed by the Federal
Acquisition Regulation (FAR) - a comprehensive procurement
statement for the entire federal government. The FAR is
prepared, issued and maintained jointly by the Secretary of
Defense, the Administrator of GSA and the Administrator of NASA.
EPA's regs would apply to each agency that implements the FAR.
-2-
However, some industrious staff level folks in the Office on
Procurement Policy at OMB got the idea that an amendment to the
FAR, not just regulations that change the implementation of the
FAR for each agency, would speed up the change in procurement by
six months or so by complementing the EPA regs. ( The EPA regs
would start in Oct 1993 -- if they are finalized by that time --
while the OMB policy letter amendment to FAR would go into effect
30 days after issuance of the letter -- which could be as soon as
we wanted.) This move would send a strong message that we are
committed at the White House level to CFC federal procurement.
However, this policy letter is bogged down by some higher ups at
OMB who believe that:
(1) EPA should be let alone to issue these regs
(2) The policy letter does not mention "a balancing of regulatory
costs and benefits." The letter says that it is the policy of
the Federal government that agencies minimize the use of ozone
depleting substances and give preference to the use of
alternative chemicals. The OMB folks think that this letter
makes "broad statements of Federal policy
without
consideration of economic factors". Of course, we could easily
modify this policy letter to address this concern.
The question then becomes whether we want to work with OMB,
GSA and EPA to broker this kind of policy letter to speed up the
phaseout. (EPA folks would love to do it.) EPA also tells me
that DOD and GSA have started issuing internal regulations to
provide direction on phasing out the use of ozone-eaters in new
equipment acquisition and in HVAC repair.
3) I do not believe that Woolard is aware of this OMB policy
letter. You should explore with Woolard what his suggestions and
thoughts are on it, and what he believes we can do to help the
federal government move away from CFC use.
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B
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON D.C. 20503
OFFICE OF FEDERAL PROCUREMENT POLICY
725 SEVENTEENTH STREET, NORTHWEST
FACSIMILE NUMBER: (202) 396-5105
FAX SHEET
DATE: 4-7-93
TO:
Trey Lindsoth
TELEPHONE NUMBER:
FAX NUMBER:
395-2710
FROM:
Chuck Clerk
TELEPHONE NUMBER: 395-6805
FAX NUMBER:
NUMBER OF PAGES (INCLUDING COVER):
6
REMARKS: Trey: ATTached is The proposed policy
Le Her ANd Q Copy of a memo that
AllAN Burman sent To OIRA last week.
ANY help you Can give us will be appreciated.
SENT BY:Xerox Telecopier 7020 ; 4- 7-90 ; 9:37AM ;
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202 966 2554;# 2
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON. D.C. 20503
OFFICE OF FEDERAL
PROCUREMENT POLICY
MAR 31 1993
MEMORANDUM FOR JAMES B. MACRAE
FROM:
Allan V. Burman Allan V. Burman
SUBJECT:
Draft office of Federal Procurement Policy (OFPP)
Policy Letter: "Prohibition on the Acquisition
and Use of Ozone Depleting Substances"
Thank you for your February 26, 1993 memorandum regarding
our proposed Policy Letter on ozone depleting substances. Your
concurrence in the Policy Letter is now requested as:
1.
we have added "cost effective" and "economic
feasibility" provisions to 6 paragraphs in the Policy
Letter;
2.
Carol Browner's Office has requested my assistance in
expediting issuance of the Policy Letter;
3.
OIRA has approved the publication of the proposed EPA
regulation dealing with this subject;
4.
It is more cost effective for OFPP to promulgate a
policy requiring a single change to the Federal
Acquisition Regulation then it is for each agency,
department and instrumentality of the Government to
issue its own regulation; and
5.
It is good policy for OMB and the Administration to
show leadership on this issue.
Again, thanks for your help. Your comments helped improve
the Policy Letter.
CC:
OFPP File/Chron
ABurman
CClark
OFPP: CClark:rjh 3/31/93
MACRAE.MM
SENT BY:Xerox Telecopier 7020 : 4- 7-93 ; 9:38AM ;
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EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
THE
WASHINGTON. D.C. 20503
OFFICE OF FEDERAL
PROCUREMENT POLICY
POLICY LETTER NO. 93-X
TO THE HEADS OF EXECUTIVE DEPARTMENTS AND ESTABLISHMENTS
SUBJECT: Prohibition on the Acquisition and Use of Ozone
Depleting Substances
1.
Purpose. This Policy Letter is issued in cooperation with
the Environmental Protection Agency (EPA) to assist EPA in
its implementing of Section 613 of the Clean Air Act
Amendments of 1990 (42 U.S.C. 76711). The Policy Letter
requires that Executive agencies:
a.
Conform their procurement regulations and practices to
protect stratospheric ozone in accordance with the
requirements of Title VI of the Clean Air Act
Amendments;
b. Maximize the use of cost effective safe alternatives to
ozone depleting substances;
j
Evaluate their present and future uses of ozone
depleting substances, to include assessments of
existing and future needs and the use of, and plans
for, recycling such materials;
d.
Modify their procurement practices and implement cost
effective programs to amend specifications and
contracts which require the use of ozone depleting
substances, and
e.
Develop exemplary practices minimizing the use of ozone
depleting substances and disseminate information on
their phase out.
2.
Authority. This Policy Letter is issued pursuant to Section
5(a) of the Office of Federal Procurement Policy (OFPP) Act,
as amended, 41 U.S.C. 405(a).
3. Definitions.
a.
Executive Agency. Means an Executive department, and
an independent establishment within the meaning of 5
U.S.C. 101, 102, 103 (1) and 104 (1), respectively.
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2
b.
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 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 FR 33753) including chloro-
fluorocarbons, halons, carbon tetrachloride and
methyl chloroform and any other substance so
designated by EPA 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 FR 33753) including hydrochloro-
fluorocarbons and any other substance so
designated by EPA at a later date.
4.
Background.
a.
Section 613 of the Clean Air Act Amendments requires
the Administrator of EPA to promulgate regulations
requiring each department, agency and instrumentality
of the United States to conform its procurement
regulations to the policies and requirements of Title
VI of the Clean Air Act.
b.
Inasmuch as Government-wide procurement regulations are
contained in the Federal Acquisition Regulation (FAR),
amendment of the FAR is considered to be an effective
manner for helping to implement section 613. Section
6(a) of the OFPP Act authorizes the Administrator for
Federal Procurement Policy to prescribe Government-wide
procurement policies to be implemented in the FAR.
c.
while some Executive agencies such as the Department of
Defense and the General Services Administration (GSA),
have already made significant advances in phasing out
their use of ozone depleting substances, the policies
prescribed in Paragraph 5 below shall serve to guide
the procurement decisions and programs of all Executive
agencies pending the development and implementation of
changes to the FAR.
5.
Policy. It is the policy of the Federal Government that
Executive agencies implement cost effective programs to
minimize the use of materials and substances which
contribute to the depletion of stratospheric ozone and give
preference to the use of safe alternative chemicals,
products and manufacturing processes that reduce overall
risks to human health and the environment by lessening the
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3
depletion of ozone in the upper atmosphere. In implementing
this policy agencies shall, consistent with the phaseout
schedules promulgated by EPA under Section 604 of the Clean
Air Act:
a.
Minimize, where economically fcasible, the procurement
of products containing or manufactured with Class I or
Class II substances;
b.
Amend previously awarded contracts to delete, where
feasible, the use of any Class I or Class II
substances;
c.
Implement policies and practices which recognize the
increasingly limited availability of Class I or Class
II substances. Such practices shall include, but are
not limited to:
-
Reducing emissions and to recycling ozone
depleting substances, as required in Sections 608
and 609 of Title VI of the Clean Air Act
Amendments;
-
Ceasing the purchase of nonessential products as
required in Section 610 of Title VI of the Clean
Air Act Amendments, and
-
Requiring that any acquired products containing
Class I or Class II substances be labeled in
accordance with Section 611 of the Clean Air Act
Amendments.
6.
Responsibilities. Not later than one year after the
effective date of this policy, each Executive agency shall
have in place practices which minimize, where economically
feasible, (consistent with the Clean Air Act phaseout
schedules) the use of Class I or Class II substances as
defined in Paragraph 3. such practices should 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, which do not require the
use of Class I or Class II substances in new
procurements; and
c.
Amending existing contracts to require the use of safe
alternatives.
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4
7.
Reporting Requirements. Not later than 6 months after the
effective date of this policy, each Executive agency shall
report to OFPP and submit information regarding the
implementation of the procurement polices prescribed in this
Policy Letter. This report shall include a certification by
each Executive agency that its regulations and practices
have been amended to comply with the policies prescribed by
this Policy Lotter.
8.
Exceptions. Exceptions to complying with the provisions of
this Policy Letter may be made in accordance with Section
604 of the Clean Air Act Amendments, and with the provisions
of the Montreal Protocol. Section 604 provides exceptions
for essential uses of methyl chloroform and other specific
substances for use in medical devices and aviation safety
and for national security purposes.
9.
Effective Date. This Policy Letter is effective 30 days
after the date of issuance. While full implementation of
these policies must await needed change to the FAR, it is
expected that agencies will take all appropriate actions in
the interim to implement those aspects of the policy that
are not dependent upon regulatory change.
10. Federal Acquisition Regulatory Councils. Pursuant to
Section 6 (a) of the OFPP Act, as amended, 41 U.S.C. 405(a),
the Defense Acquisition Regulations 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 Policy Letter is published in the
Federal Register. The 180 day period is considered a
"timely manner" as prescribed in 41 U.S.C. 405(b).
11. Information. Questions or inquiries about the procurement
aspects of this Policy Letter should be directed to Cyndi
Vallina, Office of Federal Procurement Policy, 725 17th
Street, NW, Washington, DC 20503, telephone (202) 395-3501.
For information about safe alternatives and other technical
requirements contact Mr. Peter Voigt, stratospheric
Protection Division, EPA, 6202J, 401 M Street, SW,
Washington, DC 20460, telephone (202) 233-9185.
Allan V. Burman
Administrator
TO:
Earth Day Team:
Cottingham
Connolly
Chupka
Blank
Shafer
McElwee
FROM:
Zoi
SUBJECT: Schedule for President's Earth Day Address
As we discussed, everyone should have for me by COB,
Wednesday, April 7th a one-pager(s) on what the President will be
announcing in your designated subject area (s) (see attached
outline). Please confer with the right people at the agencies as
needed -- we will get much more support for the whole Earth Day
package if the agencies are involved from the beginning. I
suggest the following format for the one-pagers:
HEADLINE:
3-4 SENTENCE SUPPORTING INFO: (the who, what, where, when, why of
each item -- that is, what he is likely to say to elaborate on
his headline)
LEAD AGENCY:
WHITE HOUSE CONTACT (with phone number) :
AGENCY CONTACT(S) (with-phone numbers) :
BACKGROUND INFORMATION: (can be a paragraph or two)
In addition to the one-pager, please prepare and/or attach
supporting materials (e.g. the draft executive order, the
official forest principles, etc.).
We will discuss these initiatives and distribute the
associated materials as a package to the Cabinet Secretaries'
Chiefs of Staff on THURSDAY, APRIL 8TH AT 4:00 PM for their
overnight review. Please mark your calendars to attend that
meeting.
EXAMPLE:
HEADLINE: President signs executive order to help reduce the
federal deficit by buying energy-efficient computers.
3-4 SENTENCE SUPPORTING INFO: President Clinton committed the
federal government to purchasing (the who, what, where, when, why
of each item -- that is, what he is likely to say to elaborate on
his headline)
LEAD AGENCY:
WHITE HOUSE CONTACT (with phone number) :
AGENCY CONTACT (S) (with phone numbers) :
BACKGROUND INFORMATION: (can be a paragraph or two)
Jack Quinn - Extrative Order
- Allowed to get free
-
MEMORANDUM
OF CALL
Previous editions usable
TO: Pan
YOU WERE
Chick CALLED BY- YOU Clark WERE ISITED BY
OF (Organization)
x6805
PLEASE PHONE
FTS
AUTOVON
OMB
WILL CALL AGAIN
IS WAITING TO SEE YOU
RETURNED YOUR CALL
WISHES AN APPOINTMENT
MESSAGE
depleting Policy atter
RECEIVED PR BY
DATE
TIME
63-110 NSN 7540-00-6'34-4018 STANDARD FORM 63 (Rev. 8-81)
* U.S. G.P.O. #1991 281-781/40011
Prescribed by GSA
V
FPMR (41 CFR) 101-11.6
-
THE WHITE HOUSE
ash Peter WASHINGTON Voigt EPA
233-9185
Status of EPA
phase out plan
by 1995 should be
none produced
should have come out
April / to be
implemented October 1993
will basically give then
/ year to implement in
agencies -
ask
how can this office
help ?
OMB letter re: ProcuremeD
Policy?
Executive Order ?
signed by administrate
should be out next week
most Chuch 395 6805
PHOTOCOPY
PRESERVATION
Initially toyed w/ Exec Order
letter deals directly
w/ procurement
DRAFT DRAFT DRAFT
THE WHITE HOUSE
Office of the Press Secretary
Executive Order No.
PROCUREMENT REQUIREMENTS AND POLICIES
FOR FEDERAL AGENCIES
OZONE-DEPLETING SUBSTANCES
WHEREAS, this Administration recognizes the essential
function of the stratospheric ozone layer in shielding the earth
from dangerous ultraviolet radiation, and is cognizant of the
recent increase in the depletion of the ozone layer; and
WHEREAS, the production and consumption of substances that
cause the depletion of stratospheric ozone is being rapidly
phased out on a world-wide basis with the support and
encouragement of the United States; and
WHEREAS, the Federal Government, as one of the principal
chaplete on
users of these substances, is able through affirmative
procurement practices to significantly reduce the use of these
0
and
substances and to provide leadership in their phaseout;
NOW, THEREFORE, I,
by the authority vested in me
the
'as President by the Constitution and the laws of the United
States of America, including the Clean Air Act as amended in
1990, Public Law 101-549, hereby order as follows:
calls in production 1995:
YALL s 5 your
PART 1 - PREAMBLE
Sec. 101. The purpose of this Executive order is to:
the
(a) require that Federal Agencies conform their procurement
regulations and practices to the policies and requirements of
Title VI of the Clean Air Act Amendments, which deals with
Stratospheric Ozone Protection;
(b) mandate that Federal agencies maximize the use of safe
alternatives to ozone-depleting substances;
(c) require that Federal agencies evaluate the present and
/ Jon / of H FL is
future uses of ozone-depleting substances, including making
assessments of existing and future needs of such materials and
their use of and plans for recycling;
(d) require that Federal agencies modify their procurement
of
practices and implement programs to modify specifications and
contracts which require the use of ozone-depleting substances;
and
(e) establish Federal Government leadership, develop
deplits for non to uses. use ozore non resputies
exemplary practices, and disseminate information on successful
efforts in phasing out ozone-depleting substances.
PART 2 - DEFINITIONS
Sec. 201. "Federal Agency" means any executive department,
military department, or independent establishment within the
meaning of 5 U.S.C. 101, 102, and 104 (1), respectively, any
wholly-owned Government corporation, the United States Postal
Service and Postal Rate Commission, and all parts of, and
establishments within the legislative and judicial branches of
the United States.
Sec. 202. "Procurement" and "acquisition" are used
interchangeably to refer to the processes through which Federal
agencies purchase products.
Sec. 203. "Procurement regulations, policies and
procedures" means 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.
Sec. 204. "Ozone-depleting substances" means the substances
controlled internationally under the Montreal Protocol and
nationally under Title VI of the Clean Air Amendments. This
includes both Class I and Class II substances as follows:
(a) "Class I substance" means any substance designated as
Class I in the Federal Register notice of July 30, 1992 (57 FR
33753), including chlorofluorocarbons, halons, carbon
tetrachloride and methyl chloroform and any other substance so
designated by EPA at a later date; and
(b) "Class II substance" means any substance designated as
Class II in the Federal Register notice of July 30, 1992 (57 FR
33753), including hydrochlorofluorocarbons and any other
substance so designated by EPA at a later date.
Sec. 205. "Recycling" is used to encompass recovery and
reclamation, as well as the re-use of controlled substances.
PART 3 - FEDERAL PROCUREMENT REGULATIONS, POLICIES AND
PROCEDURES
Sec. 301. POLICY. It is the Policy of the Federal
government that Executive agencies minimize the use of materials
and substances that contribute to the depletion of stratospheric
ozone and give preference to the use of alternative chemicals,
products and manufacturing processes that reduce overall risks to
prior to
human health and the environment by lessening the depletion of
ozone in the upper atmosphere. In implementing this policy, prior to to
the
consistent with the phaseout schedules promulgated by EPA under
quidelines established
section 604 of the Clean Air Act, agencies shall:
(a) minimize to the extent possible the procurement of
Title under VI
products containing or manufactured with Class I or Class II
substances;
in
anticipation
of
both
the
phaseont
schedule
promilgated
ot the
by
EDA
to
be
completed
by
end
1994
and
(b) amend previously-awarded contracts to be consistent
and in concurrece this
with the phaseout schedules for Class I and Class II substances;
diadlines the interation
defined the Montreal
under
(c) implement policies and practices which recognize the
increasingly limited availability of Class I or Class II
substances. Such practices shall include, but are not limited Protocol.
to:
levels mandate the
as productions
(1) reducing emissions and recycling ozone-depleting
substances, as required by sections 608 and 609 of Title VI
capped dicline by
of the Clean Air Act Amendments;
until phascaret M.P. Final in 95.
(2) ceasing the purchase of nonessential products as
required in section 610 of Title VI of the Clean Air Act
Amendments; and
(3) requiring 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. 302. RESPONSIBILITIES. Not later than six months
after the effective date of this Executive Order, each Federal
Agency shall have in place practices which to the extent
practicable minimize the use of Class I and Class II substances.
Such practices shall include but not be 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, which do not require the use of
Class I substances in new procurement and which limit the use of
Class II substances consistent with section 612 of the Act;
(c) amending existing contracts to require the use of safe
alternatives.
Sec. 303. REPORTING REQUIREMENTS. Not later than 6 months
after the effective date of this Executive Order, each Federal
Agency shall report to the Office of Management and Budget, and
submit information regarding the implementation of the policies
prescribed in this Order. The report shall include a
certification by each Agency that its regulations and procurement
practices have been amended to comply with the policies
prescribed in this Order.
Sec. 304. EXCEPTIONS. Exceptions to complying with
this the the executives
provisions of Title VI of the Clean Air Act Amendments may be
made in accordance with section 604 of this Act, and with the
to
provisions of the Montreal Protocol. Section 604 establishes
procedures for requesting exceptions for essential uses such as
medical devices, aviation safety, etc.
Sec. 305. EFFECTIVE DATE. This Executive Order is
out
effective 30 days after the date of issuance. While full
speel
implementation of this Order must await needed change in the FAR,
it is expected that Agencies will take all appropriate actions in
the interim to implement those aspects of the Order that are not
dependent upon regulatory change.
Sec. 306. FEDERAL ACQUISITION REGULATORY COUNCILS.
Pursuant to section 6 (a) of the OFPP 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 promulgated.
Sec. 307. INFORMATION. Questions or inquiries about the
policy aspects of this Order shall be directed to
For
information regarding the requirements of Title VI of the Clean
Air Act Amendments and other technical information and
requirements contact Peter Voigt, Stratospheric Protection
Division, EPA, 6205 J, 401 M Street, S.W., Washington, D.C.
20460, telephone (202) 233-9185.
THE WHITE HOUSE
Office of the Press Secretary
For Immediate Release
October 31, 1991
Executive Order No. 12780
FEDERAL AGENCY RECYCLING
AND
THE COUNCIL ON FEDERAL RECYCLING AND PROCUREMENT POLICY
WHEREAS, this Administration is determined to secure for
future generations of Americans their rightful share of our
Nation's natural resources, as well as a clean and healthful
environment in which to enjoy them; and
WHEREAS, two goals of this Administration's environmental
policy, cost-effective pollution prevention and the conservation
of natural resources, can be significantly advanced by reducing
waste and recycling the resources used by this generation of
Americans; and
WHEREAS, the Federal Government, as one of the Nation's
largest generators of solid waste, is able through cost-
effective waste reduction and recycling resources to conserve
local government disposal capacity; and
WHEREAS, the Federal Government, as the Nation's largest
single consumer, is able through affirmative procurement
practices to encourage the development of economically efficient
markets for products manufactured with recycled materials;
NOW, THEREFORE, I, GEORGE BUSH, by the authority vested
in me as President by the Constitution and the laws of the
United States of America, including the Solid Waste Disposal Act,
Public Law 89-272, 79 Stat. 997, as amended by the Resource
Conservation and Recovery Act ("RCRA"), Public Law 94-580,
90 Stat. 2795 (1976), hereby order as follows:
PART 2 - DEFINITIONS
For purposes of this order:
Sec. 201. "Federal agency" means any department, agency,
or other instrumentality of the executive branch.
Sec. 202. "Procurement" and "acquisition" are used
interchangeably to refer to the processes through which Federal
agencies purchase products.
Sec. 203. "Recovered materials" is used as defined in
sections 1004 (19) and 6002 (h) of the Resource Conservation and
Recovery Act (42 U.S.C. 6903 (19) and 6962 (h), as amended.
Sec. 204. "Recycling" means the diversion of materials
from the solid waste stream and the beneficial use of such
materials. Recycling is further defined as the result of a
series of activities by which materals that would become or
otherwise remain waste, are diverted from the solid waste stream
by collection, separation and processing and are used as raw
materials in the manufacture of goods sold or distributed in
commerce or the reuse of such materials as substitutes for goods
made of virgin materials.
Sec. 205. "Waste reduction" means any change in a process,
operation, or activity that results in the economically
efficient reduction in waste material per unit of production
without reducing the value output of the process, operation, or
activity, taking into account the health and environmental
consequences of such change.
PART 3 - SOLID WASTE RECYCLING PROGRAMS
Sec. 301. Recycling Programs. Each Federal agency that
has not already done so shall initiate a program to promote
cost-effective waste reduction and recycling of reusable
materials in all of its operations and facilities. These
programs shall foster (a) practices that reduce waste genera-
tion, and (b) the recycling of recyclable materials such as
paper, plastic, metals, glass, used oil, lead acid batteries,
and tires and the composting of organic materials such as yard
waste. The recycling programs implemented pursuant to this
PART 6 - RECYCLING COORDINATORS AND THE COUNCIL ON
FEDERAL RECYCLING AND PROCUREMENT POLICY
Sec. 601, Federal Recycling Coordinator. Within 90 days
after the effective date of this order, the Administrator of
the Environmental Protection Agency shall designate a senior
official of that Agency to serve as the Federal Recycling
Coordinator. The Federal Recycling Coordinator shall review
and report annually to OMB, at the time of agency budget
submissions, the actions taken by the agencies to comply with
the requirements of this order.
Sec 602, Designation of Recycling Coordinators. Within
90 days after the effective date of this order, the head of each
Federal agency shall designate an agency employee to serve as
Agency Recycling Coordinator. The Agency Recycling Coordinator
shall be responsible for:
(a) coordinating the development of an effective agency
waste reduction and recycling program that complies with the
comprehensive implementation plan developed by the Council on
Federal Recycling and Procurement Policy;
(b) coordinating agency action to develop benefits, costs,
and savings data measuring the effectiveness of the agency
program; and
(c) coordinating the development of agency reports required
by this Executive order and providing copies of such reports to
the Environmental Protection Agency.
Sec. 603. The Council on Federal Recycling and Procurement
Policy, (a) A Council on Federal Recycling and Procurement
Policy is hereby established. It shall comprise the Federal
Recycling Coordinator, the Chairman of the Council on Environ-
mental Quality, the Administrator of the Office of Federal
Procurement Policy, and the Agency Recycling Coordinator and the
Procurement Executive of each of the following agencies: the
Environmental Protection Agency, the Department of Defense, the
General Services Administration, the National Aeronautics and
Space Administration, the Department of Energy, the Department
of Commerce, and the Department of the Interior. The Federal
(7) review Federal agency compliance with section 103 of
this order.
PART 7 - - LIMITATION
Sec. 701. This order is intended only to improve the
internal management of the executive branch and shall not be
interpreted to create any right or benefit, substantive or
procedural, enforceable at law by a party against the
United States, its officers, or any other person.
Sec. 702. Section 502 and Part 6 of this order shall be
effective for 5 years only, beginning on the effective date of
this order.
Sec. 703. This order shall be effective immediately.
GEORGE BUSH
THE WHITE HOUSE,
October 31, 1991.
###
Retyped by Office of Federal Recycling Coordinator
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94562710 P.02
DRAFT
April 7, 1993
Executive Order of ,1993
Procurement Requirements and Policies for Federal Agencies
Ozone-Depleting Substances
WHEREAS, the Administration recognized the essential function
of the stratospheric ozone layer in shielding the earth From
dangerous ultraviolet radiation, and is cognizant of the recent
increase in the depletion of the ozone layer; and
WHEREAS, the production and consumption of substances that
cause the depletion of stratospheric ozone is being rapidly
phased out on a world-wide basis with the support and
encouragement of the United States; and
WHEREAS, the Federal Government, as one of the principal users
of these substances, is able through affirmative procurement
practices to significantly reduce the use of these substances
and to provide leadership in their phaseout;
APR-07-1993 14:30 FROM
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94562710 P.03
NOW, THEREFORE, I,
/
by the authority vested in me as
President by the Constitution and the laws of the United States
of America, including the Clean Air Act as amended in 1990,
Public Law 101-549, hereby order as follows:
PART 1 - PREAMBLE
Section 101. The purpose of this Executive order is to:
(a) Require that Federal Agencies conform their
procurement regulations and practices to the policies and
requirements of Title VI of the Clean Air Act Amendments, which
deals with Stratospheric Ozone Protection.
(b) Mandate that Federal agencies maximize the use of safe
alternatives to ozone-depleting substances.
(c) Require that Federal agencies evaluate the present and
future uses of ozone-depleting substances, including making
assessments of existing and future needs of such materials and
their use of and plans for recycling.
(d) Require that Federal agencies modify their procurement
practices and implement programs to modify specifications and
contracts which require the use of ozone-depleting substances.
APR-07-1993 14:30 FROM
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94562710 P.04
(e) Establish Federal Government leadership, develop
exemplary practices, and disseminate information on successful
efforts in phasing out ozone-depleting substances.
PART 2 - DEFINITIONS
For purposes of this order:
Sec. 201. "Federal Agency" means any executive department,
military department, or independent establishment within the
meaning of 5 U.S.C. $ 101, 102, and 104(1), respectively, any
wholly-owned Government corporation , the United States Postal
Service and Postal rate Commission, and all parts of, and
establishments within, the legislative and judicial branches of
the United States.
Sec. 202. "Procurement" and "Acquisition" are used
interchangeably to refer to the processes through which the
Federal agencies purchase products.
Sec. 203 "Procurement Regulation, Policies and Procedures"
means the complete acquisition process, including the
generation of product descriptions by individuals responsible
for determining which substances must be acquired by the agency
to moot its mission.
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94562710 P.05
Sec. 204. "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 FR 33753), including chlorofluorocarbons, halons,
carbon tetrachloride and methyl chloroform and any other
substance EO designated by EPA 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 FR 33753), including hydrochlorofluorocarbons and any
other substance so designated by EPA at a later date.
Sec. 205. "Recycling" is used to encompass recovery and
reclamation, as well as the re-use of controlled substances.
PART 3 - FEDERAL PROCUREMENT REGULATIONS, POLICIES AND
PROCEDURES
Sec. 301. POLICY. It is the Policy of the Federal government
that Executive agencies minimize the use of materials and
substances that contribute to the depletion of stratospheric
ozone and give preference to the use of alternative chemicals,
APR-07-1993 14:31 FROM
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94562710 P.06
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,
consistent with the phaseout schedules promulgated by EPA under
section 604 of the Clean Air Act, agencies shall:
A.
Minimize to the extent possible the procurement of
products containing or manufactured with Class I or Class
II substances;
B.
Amend previously-awarded contracts to be consistent with
the phaseout schedules for Class I and Class II
substances;
C.
Imploment policies and practices which recognize the
increasingly limited availability of Class 1 or Class II
substances. Such practices shall include, but are not
limited to:
1.
Reducing emissions and recycling ozone-depleting
substances, as required by sections 608 and 609 of
Title VI of the Clean Air Act Amendments;
2.
Ceasing the purchase of nonessential products ac
required in section 610 of Title VI of the Clean Air
Act Amendments; and
APR-07-1993 14:32 FROM
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94562710 P.07
3.
Requiring 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. 302. RESPONSIBILITIES. Not later than six months after
the effective date of this Executive Order, each Federal Agency
shall have in place practices which to the extent practicable
minimize the use of Class I or Class II substances. Such
practices shall include but not be 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, which do not require the use of
Class I substances in new procurement and which limit the
use of Class II substances consistent with section 612 of
the Act;
C.
Amending existing contracts to require the use of safe
alternatives.
Sec. 303. REPORTING REQUIREMENTS. Not later than 6 months
after the effective date of this Executive Order, each Federal
Agency shall report to the Office of Management and Budget, and
submit information regarding the implementation of the policies
APR-07-1993 14:32 FROM
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94562710 P.08
prescribed in this Order. The report shall include a
certification by each Agency that its regulations and
procurement practices have been amended to comply with the
policies prescribed in this Order.
Sec. 304. EXCEPTIONS. Exceptions to complying with the
provisions of Title VI of the Clean Air Act Amendments may be
made in accordance with section 604 of this Act, and with the
provisions of the Montreal Protocol. Section 604 establishes
procedures for requesting exceptions for essential uses such as
medical devices, aviation safety, etc.
Sec. 305. EFFECTIVE DATE. This Executive Order is effective
30 days after the date of issuance. While full implementation
of this Order must await needed change in the FAR, it is
expected that Agencies will take all appropriate actions in the
interim to implement those aspects of the Order that are not
dependent upon regulatory change.
Sec. 306. FEDERAL ACQUISITION REGULATORY COUNCILS. Pursuant
to section 6(a) of the OFPP 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 promulgated.
Sec. 307. INFORMATION. Questions or inquiries about the
policy aspects of this Order shall be directed to
-------,
For
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94562710 P.09
information regarding the requirements of Title VI of the Clean
Air Act Amendments and other technical information and
requirements contact Poter Voigt, Stratospheric Protection
Division, EPA, 6205 J, 401 M St. SW, Washington, DC 20460,
telephone (202) 233-9185.
MEMORANDUM
OF CALL
Previous editions usable
TO:
Trey
YOU WERE CALLED BY-
YOU WERE VISITED BY--
Peter Voight EPA
OF (Organization)
233-9185
PLEASE PHONE
FTS
AUTOVON
ret 4r call
WILL CALL AGAIN
IS WAITING TO SEE YOU
RETURNED YOUR CALL
WISHES AN APPOINTMENT
MESSAGE
RECEIVED BY
DATE
TIME
63-110 NSN 7540-00-634-4018 STANDARD FORM 63 (Rev. 8-81)
U.S.G.P.O. 1991 281-781/40011
Prescribed by GSA
FPMR (41 CFR) 101-11.6
THE WHITE HOUSE
differences WASHINGTON Ch timang
NO ltr & NO Exec Order
proposed regulation
public comment
final regulations for Oct 93
giving / the acencies
w/ Itr
yr. to procurement change the
policies
diference
w/Exec Order
acquisition riles amen
except of exempted
end
Agencies working on specs
key is accelerated phase-ont proposal places '''
will take
Military already has
authorization Bill on the
Books to this extent
6 mo. to allow
to change policies
& testing
PHOTOCOPY
PRESERVATION
-
THE WHITE HOUSE
WASHINGTON
practical
phase out will happen no matter
what
- Exec order or Hr tells
agencies that this is coming
So people are change ready for the
will not cost more
GSA - car refridgerants
paints comp. chips manufacturer
Exec. Order
]
-
THE WHITE HOUSE
WASHINGTON
ask if ltr coming
from OMB- -
how did everyone
Sign off on it b/c
heard that there
was disagreement
Execllowed order w/ substantive
will effective?
outreack WASHINGTON WHITE HOUSE
VERY
Docurement people
dealt
? benefit Policy ltr allows
Spec writers
agneescoments
some
EPA in proposed regulation
would cause agencies to
Change procurement policy
long drawn out process
published referred to fox.
w/o
signed /going/ to
Federal Register
Policy ltr.
an executive order
would be more effective
in implementation
they plan on w/ tr
doing outreach
program
PHOTOCOPY
PRESERVATION
I
MEMORANDUM
OF CALL
Previous editions usable
TO:
Kare
YOU WERE CALLED BY-
YOU WERE VISITED BY--
Al Burman
OF (Organization)
Admin. Fed. Procuremat.
PLEASE PHONE
FTS
AUTOVON
OMB
I 5802
WILL CALL AGAIN
IS WAITING TO SEE YOU
RETURNED YOUR CALL
WISHES AN APPOINTMENT
MESSAGE
Discuss recycling
? others.
This is the OMB guy who
has problems w/ the CFC Change policy
RECEIVED BY Cm
DATE
3/11
1 TIME Pm
63-110 NSN 7540-00-634-4018 STANDARD FORM 63 (Rev. 8-81)
Prescribed by GSA
IT U.S.G.P.O. 1992 312-070-40024
FPMR (41 CFR) 101-11.6
MEMORANDUM
OF CALL
Previous editions usable
TO: Pden
YOU WERE CALLED BY-
YOU WERE VISITED BY--
OF (Organization)
PLEASE PHONE
FTS
AUTOVON
WILL CALL AGAIN
is WAITING TO SEE YOU
RETURNED YOUR CALL
WISHES AN APPOINTMENT
MESSAGE
can Peter voist, EPA
233-9185
(ei powrement issue
RECEIVED BY
DATE
TIME
63-110 NSN 7540-00-634-4018 STANDARD FORM 63 (Rev. 8-81)
Prescribed by GSA
* U.S.G.P.O. 1992 312-070-40024
FPMR (41 CFR) 101-11.6
MEMORANDUM
OF CALL
Previous editions usable
TO:
KATI
YOU WERE CALLED BY-
YOU WERE VISITED BY--
MArk Nelson
OF (Organization)
Do Pont
PLEASE PHONE
FTS
AUTOVON
202F-3661
WILL CALL AGAIN
IS WAITING TO SEE YOU
RETURNED YOUR CALL
WISHES AN APPOINTMENT
MESSAGE
RECEIVED BY
DATE
TIME
63-110 NSN 7540-00-634-4018 STANDARD FORM 63 (Rev. 8-81)
Prescribed by GSA
* U.S.G.P.O. 1992 312-070-40024
FPMR (41 CFR) 101-11.6
MEMORANDUM
OF CALL
Previous editions usable
TO:
YOU WERE CALLED BY-
YOU WERE VISITED BY
OF (Organization)
PLEASE PHONE
FTS
AUTOVON
WILL CALL AGAIN
IS WAITING TO SEE YOU
RETURNED YOUR CALL
WISHES AN APPOINTMENT
MESSAGE
nu-3339
$
How
we when time mmg
expL
RECEIVED BY
DATE
TIME
63-110 NSN 7540-00-634-4018
STANDARD FORM 63 (Rev. 8-81)
Prescribed byGSA
* U.S.G.P.O. 1992 312-070-40024
FPMR (41 CFR) 101-11.6
I
KM
pls advise. How to
respona? Directive to.
EPAreason gsA? fedned PDM
Check Fox 12 procent prepary
now. Perhans he can can help?
-
MEMORANDUM
OF CALL
Previous editions usable
TO:
Chick Clark
Pam
Bill /Colman
YOU WERE CALLED BY-
YOU WERE VISITED BY--
Sue Stendebach
395-6805
OF (Organization)
Othice of Procene Prix
EPA
PLEASE PHONE
FTS
AUTOVON
233-9117
P.P. letter
]
WILL CALL AGAIN
IS WAITING TO SEE YOU
-
RETURNED YOUR CALL
WISHES AN APPOINTMENT
MASA wind Tunnel- only one
MESSAGE
Re : Fed Procurement;
at Langely try ; case on
Chuck Fox
Spall amounts.
Cabin
bszt
RECEIVED BY
DATE
3/8
TIME
AT
2:15
63%
63-110 NSN 7540-00-634-4018 STANDARD FORM 63 (Rev. 8-81)
Prescribed by GSA
* U.S.G.P.O. 1992 312-070-40024
FPMR (41 CFR) 101-11.6
means used
-
THE WHITE HOUSE
WASHINGTON
See 613-
need toput together
cionform to Title 6
use safe alternations
put together draft proposal
OMB- Alan Berman - put together ex
order have happen sooner. Does
not regate CDA rup.
all
1yr soon: fedual including miling
DOD, ysa. No objection-
Policy htth Final in oct. 94
Drop. April 1
-
-
OUPONT
Wilmington, Delaware 19898
Chairman of the Board
February 19, 1993
The Honorable Albert Gore, Jr.
The Vice President of the United States
Washington, D.C. 20501
Dear Mr. Vice President:
In our discussion the other day I mentioned that it appeared to people at
Du Pont that portions of the Federal government may not be adequately prepared to
move away from dependence on chlorofluorocarbons (CFCs). Under the Montreal
Protocol, production for sale of CFCs in developed countries will cease no later than
December 31, 1995. The EEC has already indicated that production for sale within the
Community will cease no later than December 31, 1994. Du Pont's facility in Europe
will follow the EEC timeline, and it is possible that Du Pont's remaining facilities in the
United States could terminate production for sale earlier than year-end 1995.
Recently, the General Services Administration asked us to supply CFCs
for needs which we believe are intended to meet government requirements beyond the
year 2000. We are not at all comfortable that the government has adequate plans in
place for CFC conversion or has committed the necessary funds for the retrofit of
existing equipment that will be needed.
Our people at Du Pont have a great deal of experience in this area. We
know how to develop plans for the retrofit of existing equipment and we have products
available that can assist in some of this conversion. We would be happy to make our
knowledge available to you or to anyone else in the government in order to assist with
the transition.
I would like to meet with you directly discuss this and several other
"LId
aspects of the CFC issue.
trent
Sincerely,
Woolard, Jr
ESW:pbk
Better Things for Better 65A. Living
X ASAP. one
VP-10343 REV. 11/89
TELEFAX
STRATOSPHERIC PROTECTION DIVISION
Program Implementation Branch
Office of Atmospheric Programs
Office of Air and Radiation
Mailing Address:
Street Address:
U.S. EPA/OAR (6202J)
U.S. EPA/OAR (6202J)
Stratospheric Protection Div.
Stratospheric Protection Div.
401 M Street, SW
501 3rd Street, NW
Washington, DC 20460
Washington, DC 20001
Date:
3/8/93
To:
Pam Elwee
From:
Sue Stendebach
Telefax# (202) 233-9577
Phone# (202) 233-9200
Number of Pages Including Cover Sheet: 28
Remarks:
#
94562710 P.01
01
MAR-08-1993 15:40 FROM
c:Clark
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICER
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
FEB 26 1993
MEMORANDUM FOR ALLAN V. BURMAN
FROM:
JAMES B. MACRAE JRM
SUBJECT:
Draft Office of Federal Procurement Policy (OFPP)
Policy Letter: "Prohibition on the Acquisition and
Use of Ozone Depleting Substances"
Thank you for the opportunity to review the draft OFPP policy
letter titled "Prohibition on the Acquisition and Use of Ozone
Depleting Substances." I understand that the purpose of this
letter is to assist the Environmental Protection Agency (EPA) in
meeting the statutory requirements of Section 613 of the Clean
Air Act Amendments of 1990 (CAAA). Section 613 directs EPA, in
consultation with other Federal agencies, to promulgate
regulations requiring all Federal agencies to conform their
procurement regulations with the specific requirements of Title
VI of the CAAA, which covers Stratospheric Ozone Protection. I
recommend against issuance of this OFPP policy letter at this
time and suggest that EPA proceed with its own rulemaking.
First, I am concerned that the OFPP policy letter does not
incorporate a balancing of benefits and costs and so is
inconsistent with the Title VI regulations promulgated to date.
In interpreting the statutory requirements of Title VI, EPA has
explicitly incorporated a balancing of the costs and benefits of
regulatory actions. This balancing can be seen in EPA's
interpretation of Title VI statutory directives to "maximize
recycling,' or "reduce the use and emissions of such substances
to the lowest achievable level. " EPA has stated that they do not
believe these standards are:
"
solely technical in nature, but rather contemplates a
role for economic factors in determining the lowest
'achievable' level of emissions and the maximum amount of
recycling.
While the Section 613 statutory language on Federal procurement
does not explicitly mention a balancing of regulatory costs and
benefits, it is logical that such balancing be incorporated into
the development of procurement policies as has been done with
other related Title VI provisions. However, OFPP's policy letter
1 Section 608 Notice of Proposed Rulemaking, 57 FR 58648,
December 10, 1992.
-2-
does not include any such balancing of costs, stating, for
example, in Section 5, "Policy", that:
"It is the policy of the Federal Government that Executive
agencies minimize the use of materials and substances which
contribute to the depletion of the stratospheric ozone and
give preference to the use 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." (Emphasis
added)
Such broad statements of Federal Policy to "minimize" and "give
preference" without consideration of economic factors conflict
with the Title VI regulations that have been promulgated to date.
I believe that these procurement regulations must be developed in
full consideration of "economic factors," and that EPA is the
agency with the technical expertise and experience to undertake
this and insure consistency with other Title VI regulations.
Secondly, Section 613 places the lead responsibility for
promulgating these regulations with EPA. The statute states
that, "the Administrator, in consultation with the Administrator
of the General Services Administration and the Secretary of
Defense, shall promulgate regulations requiring each department,
agency, and instrumentality of the United States to conform its
procurement regulations" to the requirements of Title VI. This
language clearly charges EPA as the lead agency in the
development of these regulations. A draft policy letter in
tandem with an EPA draft regulation might take the lead
responsibility away from EPA and create confusion about ultimate
responsibility for the regulation. Further, Section 613 appears
to envision Federal agency revision of procurement policies only
after promulgation of an EPA final rule.² For these reasons, I
feel that EPA is both primarily responsible and best equipped to
promulgate a procurement regulation that will satisfy the
requirements of Section 613 and be consistent with the Title VI
regulations promulgated to date.
We understand that EPA has had a draft proposed regulation
prepared for several weeks already, but that they are not
2 Section 613 directs EPA's Administrator to promulgate
procurement regulations, "[n]ot later than 18 months after the
enactment of the Clean Air Act Amendments of 1990", or by May 15,
1992. The statute goes on to set a subsequent deadline for
Federal departments and agencies to conform, "[n]ot later than 30
months after the enactment" of the CAAA, i.e. 12 months after
EPA's promulgation of a final regulation. The statute appears to
intended that agency and department changes in procurement
policies follow and be based upon the final EPA rule.
-3-
pursuing this approach in deference to OFPP action on the policy
letter. Since EPA has entered into a settlement agreement with a
plaintiff to propose a draft rule by March 1, 1993, further delay
in this rulemaking will jeopardize development of a proposal in
response to this agreement. In our view, EPA should proceed with
an EPA regulation to implement Section 613, including submitting
it to OMB for Executive Order 12291 review.
HANDLING
Urgent!
Expedite
Regular Handlin
(Hand-carry)
(Time sensitive)
Decision Memo
Information Memo
Control
Ms. Martha Girard
X
Correspondence
Outgoing
to
Director. Office of the Federal Register
SPECIAL HANDLING INSTRUCTIONS
SHORT SUMMARY OF MATERIAL
Attached is a draft OFPP Policy Letter to be published in
the Federal Register for public comment. The Policy Letter has
been developed in cooperation with the Environmental Protection
Agency (EPA) and will lead to the implementation of Section 613
of the Clean Air Act Amendments of 1990. The Clean Air Act
Amendments require that Federal agencies minimize the acquisition
and use of materials and substances which contribute to the
depletion of stratospheric ozone. The Policy Letter requires
that the Clean Air Act provisions be incorporated in the Federal
Acquisition Regulation, and EPA plans to use the proposed Letter
to respond to a "Consent Order." The Order requires EPA to
publish procurement regulations pursuant to Section 613 by March
1, 1993. Accordingly, it is important that the Policy Letter be
coordinated as expeditiously as possible to ensure publication
before March 1, 1993.
Your concurrence is requested.
Attachment
PREPARED BY
CLEARED BY
CLEARED BY
CLEARED BY
CLEARED BY
CLEARED BY
CLEARED BY
SURNAME AND
Clark
Baker/
Wong/Fair-
MacRae
Burman
Damus
Foley
DIVISION
OFPP
Coleman
weather
OIRA
OFPP
GC
DO
(Typed)
OFPP
NR
INITIALS AND
PWC
Wecd 2/4/
DATE
2/3/93
SB 2/4
RMC=14
Cleared By
CLEARED BY
CLEARED BY
CLEARED BY
CLEARED BY
CLEARED BY
CLEARED BY
SURNAME AND
Angell
Arthur
DIVISION
EAD
ADMIN
(Typed)
INITIALS AND
DATE
OFFICE OF MANAGEMENT AND BUDGET
OFFICE OF FEDERAL PROCUREMENT POLICY
(Issuance of Policy Letter 93-X)
Prohibition on Acquiring and Using Ozone Depleting Substance
AGENCY: Executive Office of the President, Office of Management
and Budget, Office of Federal Procurement Policy (OFPP).
ACTION: Solicitation of public comments on a draft OFPP Policy
Letter that would require Federal agencies to minimize the use of
material and substances which contribute to the depletion of
stratospheric ozone.
SUMMARY: The proposed Policy Letter is issued in cooperation with
the Environmental Protection Agency (EPA) to assist EPA in its
implementation of Section 613 of the Clean Air Act Amendments of
1990 (42 U.S.C. 7671l). As proposed, the Policy Letter would
require that the single Government-wide procurement regulation, the
Federal Acquisition Regulation (FAR), be amended within 180 days to
curtail the acquisition and use of Class I and Class II ozone
depleting substances.
A Class I ozone depleting substance means any substance designated
as Class I in the Federal Register notice of July 30, 1992 (57 FR
33753) including chlorofluorocarbons, halons, carbon tetrachloride
and methyl chloroform and any other substance so designated by EPA
at a later date. A Class II substance means any substance
designated as Class II in the Federal Register notice of July 30,
1992 (57 FR 33753) including hydrochlorofluorocarbons and any other
substance so designated by EPA at a later date.
Concurrent with the issuance of this proposed Policy Letter, EPA is
issuing a proposed rule pursuant to its authority under Section
613. EPA's proposed rule states that incorporation of the Policy
Letter in the FAR would provide the Government-wide implementation
required by Section 613 for agencies subject to the FAR.
COMMENT DATE: Comments on the proposed Policy Letter must be
received on or before [30 days from date of publication]. Comments
on EPA's proposed rule should be sent to EPA.
ADDRESS AND INFORMATION CONTACT: Comments should be sent to
Charles W. Clark, Office of Management and Budget, 725 17th Street,
NW, Washington, DC 20503. Questions may be addressed to Mr. Clark
2
on (202) 395-6805. Comments concerning whether the proposed Policy
Letter would meet the requirements of Section 613 should be sent to
EPA, in response to its proposed rule.
Allan V. Burman
Administrator
Date:
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF management AND BUDGET
STATE
WASHINGTON, D.C. 20503
OFFICE OF FEDERAL
PROCUREMENT POLICY
POLICY LETTER NO. 93-X
TO THE HEADS OF EXECUTIVE DEPARTMENTS AND ESTABLISHMENTS
SUBJECT: Prohibition on the Acquisition and Use of Ozone
Depleting Substances
1.
Purpose. This Policy Letter is issued in cooperation with
the Environmental Protection Agency (EPA) to assist in
implementing Section 613 of the Clean Air Act Amendments of
1990 (42 U.S.C. 76711). The Policy Letter requires that
Executive agencies:
a.
Conform their procurement regulations and practices to
protect stratospheric ozone in accordance with the
requirements of Title VI of the Clean Air Act
Amendments;
b.
Maximize the use of safe alternatives to ozone
depleting substances;
C.
Evaluate their present and future uses of ozone
depleting substances, to include assessments of
existing and future needs and the use of, and plans
for, recycling such materials;
d.
Modify their procurement practices and implement
programs to amend specifications and contracts which
require the use of ozone depleting substances, and
e.
Develop exemplary practices minimizing the use of ozone
depleting substances and disseminate information on
their phase out.
2.
Authority. This Policy Letter is issued pursuant to Section
6 (a) of the Office of Federal Procurement Policy (OFPP) Act,
as amended, 41 U.S.C. 405(a).
3.
Definitions.
a.
Executive Agency. Means an Executive department, and
an independent establishment within the meaning of 5
U.S.C. 101, 102, 103 (1) and 104 (1), respectively.
2
b.
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 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 FR 33753) including chloro-
fluorocarbons, halons, carbon tetrachloride and
methyl chloroform and any other substance so
designated by EPA 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 FR 33753) including hydrochloro-
fluorocarbons and any other substance so
designated by EPA at a later date.
4.
Background.
a.
Section 613 of the Clean Air Act Amendments requires
the Administrator of EPA to promulgate regulations
requiring each department, agency and instrumentality
of the United States to conform its procurement
regulations to the policies and requirements of Title
VI of the Clean Air Act.
b.
Inasmuch as Government-wide procurement regulations are
contained in the Federal Acquisition Regulation (FAR),
amendment of the FAR is considered to be an effective
manner for helping to implement Section 613. Section
6 (a) of the OFPP Act authorizes the Administrator for
Federal Procurement Policy to prescribe Government-wide
procurement policies to be implemented in the FAR.
C.
While some Executive agencies such as the Department of
Defense and the General Services Administration (GSA),
have already made significant advances in phasing out
their use of ozone depleting substances, the policies
prescribed in Paragraph 5 below shall serve to guide
the procurement decisions and programs of all Executive
agencies pending the development and implementation of
changes to the FAR.
5.
Policy. It is the policy of the Federal Government that
Executive agencies minimize the use of materials and
substances which contribute to the depletion of
stratospheric ozone and give preference to the use 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
3
atmosphere. In implementing this policy agencies shall,
consistent with the phaseout schedules promulgated by EPA
under Section 604 of the Clean Air Act:
a.
Minimize to the extent possible, the procurement of
products containing or manufactured with Class I or
Class II substances;
b.
Amend previously awarded contracts to delete to the
extent possible, the use of any Class I or Class II
substances;
C.
Implement policies and practices which recognize the
increasingly limited availability of Class I or Class
II substances. Such practices shall include, but are
not limited to:
-
Reducing emissions and to recycling ozone
depleting substances, as required in Sections 608
and 609 of Title VI of the Clean Air Act
Amendments;
-
Ceasing the purchase of nonessential products as
required in Section 610 of Title VI of the Clean
Air Act Amendments, and
-
Requiring that any acquired products containing
Class I or Class II substances be labeled in
accordance with Section 611 of the Clean Air Act
Amendments.
6.
Responsibilities. Not later than one year after the
effective date of this policy, each Executive agency shall
have in place practices which to the extent practicable
minimize (consistent with the Clean Air Act phaseout
schedules) the use of Class I or Class II substances as
defined in Paragraph 3. Such practices should 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, which do not require the
use of Class I or Class II substances in new
procurements; and
C.
Amending existing contracts to require the use of safe
alternatives.
4
7.
Reporting Requirements. Not later than 6 months after the
effective date of this policy, each Executive agency shall
report to OFPP and submit information regarding the
implementation of the procurement polices prescribed in this
Policy Letter. This report shall include a certification by
each Executive agency that its regulations and practices
have been amended to comply with the policies prescribed by
this Policy Letter.
8.
Exceptions. Exceptions to complying with the provisions of
this Policy Letter may be made in accordance with Section
604 of the Clean Air Act Amendments, and with the provisions
of the Montreal Protocol. Section 604 provides exceptions
for essential uses of methyl chloroform and other specific
substances for use in medical devices and aviation safety
and for national security purposes.
9.
Effective Date. This Policy Letter is effective 30 days
after the date of issuance. While full implementation of
these policies must await needed change to the FAR, it is
expected that agencies will take all appropriate actions in
the interim to implement those aspects of the policy that
are not dependent upon regulatory change.
10. Federal Acquisition Regulatory Councils. Pursuant to
Section 6 (a) of the OFPP Act, as amended, 41 U.S.C. 405(a),
the Defense Acquisition Regulations 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 Policy Letter is published in the
Federal Register. The 180 day period is considered a
"timely manner" as prescribed in 41 U.S.C. 405 (b).
11. Information. Questions or inquiries about the procurement
aspects of this Policy Letter should be directed to Cyndi
Vallina, Office of Federal Procurement Policy, 725 17th
Street, NW, Washington, DC 20503, telephone (202) 395-3501.
For information about safe alternatives and other technical
requirements contact Mr. Peter Voigt, Stratospheric
Protection Division, EPA, 6202J, 401 M Street, SW,
Washington, DC 20460, telephone (202) 233-9185.
Allan V. Burman
Administrator
AMERICAN FOREST & PAPER ASSOCIATION
FOREST RESOURCES GROUP
FAX COVER SHEET
To: Ratie
Fax Number: 456-2710
From: Jim Sweency
Fax Number (202) 463-2708
Phone Number (202) 463-2707
Date: april 21,93
Time: 33 pm
Number of pages (Including this cover sheet): 12
Comments: Das to there being me
confasion as to whether
your uneer office mn received
Shakage ira couseer,
we are sending this copy
Via fac
that you go
55
suve
04-21-1993 01:41PM FROM Libraries Unlimited/TIP
TO
12024562710
P.01
Climatran Corporation
P.O. Box 3627
Englewood, CO 80155
Urgent
FAX MESSAGE
TO:
Katle McGinty/Ken Connelly
Presiden't Office of Environmental Policy
FAX NO:
(202) 456-2710
Date:
20 April 1993
No. Pages
1
FROM:
James F. Mattil
Phone:
(303) 696-6466
FAX No.
(303) 699-1538
MESSAGE:
"UNHERALDED NEWS" is being sent to your office to
inform you of the problems that face companies attempting
to advance environmentally-safe products.
Over the next few days you will receive articles exposing
bureaucratic bungling that blocks ozone-safe products and
which beg the question is it bungling, or is it treason?
Your office is in a position to change this situation.
04-21-1993
01:42PM
FROM Libraries Unlimited/TIP
TO
12024562710
P.02
UNHERALDED NEWS
G.S.A. sidesteps Clean Air Act to
outmanuever Ozone-man, AI Gore
WASHINGTON- For the third consecutive year
CFCs, states, "With the new Administration
since passage of the 1990 Clean Air Act, the General
emphasizing government cost savings, the timing
Services Administration has avoided compliance with
seems right to strongly consider EAC systems for
the law requiring federal government to promote and
government vehicles".
maximize adoption of safe alternatives to Chloro-
When asked about the potential fuel and
flourocarbons, the chemicals used in air conditioners
cost saving benefits of EAC technology, Frye said,
that destroy the Earth's Ozone Layer.
"that's not my concern."
Despite pressure from at least one private
In a letter to Colorado Senator, Hank
firm that produces commercially available CFC-free,
Brown, GSA Commissioner Roger Daniero took
evaporative air conditioning (EAC) systems, GSA has
exception to the Clean Air Act requirements stating
secretly modified approved military specifications for
that, "We do not feel is would be appropriate to use
transit buses to delete any reference to safe,
GSA requirements or funds to promote the product
ovaporative air conditioning, allowing bus
of a particular air conditioning system
manufacturers to continue supplying buses that use
manufacturer." Advised that more than one firm
CFC-12, the most damaging of all czone destroyers.
produces EAC equipment, GSA had "no comment".
According to informed sources, GSA staffers
still take their marching orders from President
"Apparently, GSA suffers from Freon
Reagan, not Congress. Reagan's Executive
"Federalism" Order is taken as gospel. "We let our
addiction and just can't break the habit..."
suppliers dictate what we buy, regardless of what
alternative products are available", says GSA fleet
James Mattil, president of Climatran
engineer Bryce Frye.
The Clean Air Act directs that all federal
Corp., one of the firms that produces EAC
equipment says, "Apparently, GSA suffers from
agencies, "maximize substitution of safe alternatives"
Froon addiction and just can't break the habit, or
and promote transition by the federal government to
maybe it's a golf addiction supported by suppliers
safe alternatives as expeditiously as possible". The
that entertain them."
Act also requires agencies to certify to the President
Over 400 city buses have already been
that they are in compliance by May 15, 1993.
equipped with CFC-froe, EAC systems, yet GSA
According to GSA's Frye, "We're not in a
contends that the market has not adopted EAC
position to assist emerging technology". He also
stated his belief that the Clean Air Act wasn't in
technology. According to Mattil, "They just don't
get it. They're the customer and they supposed to
effect until 1995.
tell suppliers what to supply, not vice versa. It's
GSA has apparently dodged the May 15th
little wonder hammers cost $800."
legal requirement requiring federal agencies to adopt
Vice President Al Gore, in his book Earth
safe CFC alternatives by moving up the closing date
in the Balance, has suggested that government
of its present procurements to April 13th, 1993, two
should lead the way in adopting new environmental
months sooner than normal. And by allowing a two-
products and has expressed serious concerns for
year contract extension, GSA can defer compliance
ozone protection, leading George Bush to call him
until 1995, according to Frye.
the "Ozone Man".
Government reports indicate that EAC
With EPA failing to implement even the
equipped buses cut fuel consumption by 15-20% and
non-discretionary requirements of the Clean Air
have a life cycle cost half as expensive as those that
Act's Ozone protection plan, it remains to be seen
use CFC systems. A surprisingly objective letter
what action Clinton/Gore may take to reverse this
from DuPont Corporation, the major producer of
curious state of affairs.
TOTAL P.02