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Executive Order 13101

Issued by William J. Clinton on Monday 14 September 1998


Greening the Government Through Waste Prevention, Recycling, and Federal Acquisition

Federal Register, Volume 63 Issue 179 (Wednesday, September 16, 1998)

[Federal Register Volume 63, Number 179 (Wednesday, September 16, 1998)]
[Presidential Documents]
[Pages 49643-49651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25023]



[[Page 49641]]

_______________________________________________________________________

Part II





The President





_______________________________________________________________________



Executive Order 13101--Greening the Government Through Waste 
Prevention, Recycling, and Federal Acquisition


                        Presidential Documents 



Federal Register / Vol. 63, No. 179 / Wednesday, September 16, 1998 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 49643]]

                Executive Order 13101 of September 14, 1998

                
Greening the Government Through Waste Prevention, 
                Recycling, and Federal Acquisition

                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, as amended (42 U.S.C. 6901-6907), 
                section 301 of title 3, United States Code, and in 
                order to improve the Federal Government's use of 
                recycled products and environmentally preferable 
                products and services, it is hereby ordered as follows:

                PART 1--PREAMBLE

                Section 101. Consistent with the demands of efficiency 
                and cost effectiveness, the head of each executive 
                agency shall incorporate waste prevention and recycling 
                in the agency's daily operations and work to increase 
                and expand markets for recovered materials through 
                greater Federal Government preference and demand for 
                such products. It is the national policy to prefer 
                pollution prevention, whenever feasible. Pollution that 
                cannot be prevented should be recycled; pollution that 
                cannot be prevented or recycled should be treated in an 
                environmentally safe manner. Disposal should be 
                employed only as a last resort.

                Sec. 102. Consistent with policies established by the 
                Office of Federal Procurement Policy (OFPP) Policy 
                Letter 92-4, agencies shall comply with executive 
                branch policies for the acquisition and use of 
                environmentally preferable products and services and 
                implement cost-effective procurement preference 
                programs favoring the purchase of these products and 
                services.

                Sec. 103. This order creates a Steering Committee, a 
                Federal Environmental Executive (FEE), and a Task 
                Force, and establishes Agency Environmental Executive 
                (AEE) positions within each agency, to be responsible 
                for ensuring the implementation of this order. The FEE, 
                AEEs, and members of the Steering Committee and Task 
                Force shall be full-time Federal Government employees.

                PART 2--DEFINITIONS

                For purposes of this order:

                Sec. 201. ``Environmentally preferable'' means products 
                or services that have a lesser or reduced effect on 
                human health and the environment when compared with 
                competing products or services that serve the same 
                purpose. This comparison may consider raw materials 
                acquisition, production, manufacturing, packaging, 
                distribution, reuse, operation, maintenance, or 
                disposal of the product or service.

                Sec. 202. ``Executive agency'' or ``agency'' means an 
                executive agency as defined in 5 U.S.C. 105. For the 
                purpose of this order, military departments, as defined 
                in 5 U.S.C. 102, are covered under the auspices of the 
                Department of Defense.

                Sec. 203. ``Postconsumer material'' means a material or 
                finished product that has served its intended use and 
                has been discarded for disposal or recovery, having 
                completed its life as a consumer item. ``Postconsumer 
                material'' is a part of the broader category of 
                ``recovered material.''

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                Sec. 204. ``Acquisition'' means the acquiring by 
                contract with appropriated funds for supplies or 
                services (including construction) by and for the use of 
                the Federal Government through purchase or lease, 
                whether the supplies or services are already in 
                existence or must be created, developed, demonstrated, 
                and evaluated. Acquisition begins at the point when 
                agency needs are established and includes the 
                description of requirements to satisfy agency needs, 
                solicitation and selection of sources, award of 
                contracts, contract financing, contract performance, 
                contract administration, and those technical and 
                management functions directly related to the process of 
                fulfilling agency needs by contract.

                Sec. 205. ``Recovered materials'' means waste materials 
                and by-products that have been recovered or diverted 
                from solid waste, but such term does not include those 
                materials and by-products generated from, and commonly 
                reused within, an original manufacturing process (42 
                U.S.C. 6903 (19)).

                Sec. 206. ``Recyclability'' means the ability of a 
                product or material to be recovered from, or otherwise 
                diverted from, the solid waste stream for the purpose 
                of recycling.

                Sec. 207. ``Recycling'' means the series of activities, 
                including collection, separation, and processing, by 
                which products or other materials are recovered from 
                the solid waste stream for use in the form of raw 
                materials in the manufacture of new products other than 
                fuel for producing heat or power by combustion.

                Sec. 208. ``Waste prevention'' means any change in the 
                design, manufacturing, purchase, or use of materials or 
                products (including packaging) to reduce their amount 
                or toxicity before they are discarded. Waste prevention 
                also refers to the reuse of products or materials.

                Sec. 209. ``Waste reduction'' means preventing or 
                decreasing the amount of waste being generated through 
                waste prevention, recycling, or purchasing recycled and 
                environmentally preferable products.

                Sec. 210. ``Life cycle cost'' means the amortized 
                annual cost of a product, including capital costs, 
                installation costs, operating costs, maintenance costs, 
                and disposal costs discounted over the lifetime of the 
                product.

                Sec. 211. ``Life cycle assessment'' means the 
                comprehensive examination of a product's environmental 
                and economic aspects and potential impacts throughout 
                its lifetime, including raw material extraction, 
                transportation, manufacturing, use, and disposal.

                Sec. 212. ``Pollution prevention'' means ``source 
                reduction'' as defined in the Pollution Prevention Act 
                of 1990 (42 U.S.C. 13102), and other practices that 
                reduce or eliminate the creation of pollutants through: 
                (a) increased efficiency in the use of raw materials, 
                energy, water, or other resources; or (b) protection of 
                natural resources by conservation.

                Sec. 213. ``Biobased product'' means a commercial or 
                industrial product (other than food or feed) that 
                utilizes biological products or renewable domestic 
                agricultural (plant, animal, and marine) or forestry 
                materials.

                Sec. 214. ``Major procuring agencies'' shall include 
                any executive agency that procures over $50 million per 
                year of goods and services.

                PART 3--THE ROLES AND DUTIES OF THE STEERING COMMITTEE, 
                FEDERAL ENVIRONMENTAL EXECUTIVE, TASK FORCE, AND AGENCY 
                ENVIRONMENTAL EXECUTIVES

                Sec. 301. Committees, Executives, and Task Force. (a) 
                Steering Committee. There is hereby established a 
                Steering Committee on Greening the Government through 
                Waste Prevention and Recycling (``Steering 
                Committee''). The Steering Committee shall be composed 
                of the Chair of the Council on Environmental Quality 
                (CEQ), the Federal Environmental Executive (FEE), and 
                the Administrator for Federal Procurement Policy 
                (OFPP). The Steering Committee, which shall be chaired 
                by the Chair of the CEQ, is directed to charter a Task 
                Force to facilitate implementation of this order, and 
                shall provide the Task Force with policy direction in 
                such implementation.

[[Page 49645]]

                    (b) Federal Environmental Executive. A Federal 
                Environmental Executive, Environmental Protection 
                Agency, shall be designated by the President. The FEE 
                shall chair the Task Force described in subsection (c), 
                take all actions necessary to ensure that the agencies 
                comply with the requirements of this order, and 
                generate a biennial report to the President.
                    (c) Task Force. The Steering Committee shall 
                charter a Task Force on Greening the Government through 
                Waste Prevention and Recycling (``Task Force''), which 
                shall be chaired by the FEE and composed of staff from 
                the major procuring agencies. The Steering Committee, 
                in consultation with the agencies, shall determine the 
                necessary staffing and resources for the Task Force. 
                The major procuring agencies shall provide, to the 
                extent practicable and permitted by law, resources and 
                support to the Task Force and the FEE, upon request 
                from the Steering Committee. The Task Force shall have 
                the duty of assisting the FEE and the agencies in 
                implementing this order, subject to policy direction 
                provided by the Steering Committee. The Task Force 
                shall report through the FEE to the Chair of the 
                Steering Committee.
                    (d) Agency Environmental Executives (AEEs). Within 
                90 days after the date of this order, the head of each 
                major procuring agency shall designate an AEE from 
                among his or her staff, who serves at a level no lower 
                than the Assistant Secretary level or equivalent, and 
                shall notify the Chair of CEQ and the FEE of such 
                designation.

                Sec. 302. Duties. (a) The Federal Environmental 
                Executive. The FEE, working through the Task Force, and 
                in consultation with the AEEs, shall:

                    (1) Develop a Government-wide Waste Prevention and 
                Recycling Strategic Plan (``Strategic Plan'') to 
                further implement this order. The Strategic Plan should 
                be initially developed within 180 days of the date of 
                this order and revised as necessary thereafter. The 
                Strategic Plan should include, but is not limited to, 
                the following elements:

                 (a) direction and initiatives for acquisition of 
                recycled and recyclable products and environmentally 
                preferable products and services;
                 (b) development of affirmative procurement programs;
                 (c) review and revision of standards and product 
                specifications;
                 (d) assessment and evaluation of compliance;
                 (e) reporting requirements;
                 (f) outreach programs to promote adoption of practices 
                endorsed in this order; and
                 (g) development and implementation of new technologies 
                that are of environmental significance.

                    (2) Prepare a biennial report to the President on 
                the actions taken by the agencies to comply with this 
                order. The report also may incorporate information from 
                existing agency reports regarding Government-wide 
                progress in implementing the following Executive 
                Orders: 12843, Procurement Requirements and Policies 
                for Federal Agencies for Ozone Depleting Substances; 
                13031, Federal Alternative Fueled Vehicle Leadership; 
                12845, Requiring Agencies to Purchase Energy Efficient 
                Computer Equipment; 12856, Federal Compliance with 
                Right-to-Know Laws and Pollution Prevention 
                Requirements; 12902, Energy Efficiency and Water 
                Conservation at Federal Facilities; and 12969, Federal 
                Acquisition and Community Right-to-Know.
                    (3) In coordination with the Office of Federal 
                Procurement Policy, the Environmental Protection Agency 
                (EPA), the General Services Administration (GSA), and 
                the Department of Agriculture (USDA), convene a group 
                of acquisition/procurement managers and environmental 
                State, and local government managers to work with State 
                and local governments to improve the Federal, State, 
                and local governments' use of recycled products and 
                environmentally preferable products and services.
                    (4) Coordinate appropriate Government-wide 
                education and training programs for agencies.

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                    (5) Establish committees and work groups, as 
                needed, to identify, assess, and recommend actions to 
                be taken to fulfill the goals, responsibilities, and 
                initiatives of the FEE. As these committees and work 
                groups are created, agencies are requested to designate 
                appropriate personnel in the areas of procurement and 
                acquisition, standards and specifications, electronic 
                commerce, facilities management, pollution prevention, 
                waste prevention, recycling, and others as needed to 
                staff and work on these initiatives. An initial group 
                shall be established to develop recommendations for 
                tracking and reporting requirements, taking into 
                account the costs and benefits of such tracking and 
                reporting. The Steering Committee shall consult with 
                the AEEs before approving these recommendations.
                    (b) Agency Environmental Executives. The AEEs 
                shall:
                    (1) translate the Government-wide Strategic Plan 
                into specific agency and service plans;
                    (2) implement the specific agency and service 
                plans;
                    (3) report to the FEE on the progress of plan 
                implementation;
                    (4) work with the FEE and the Task Force in 
                furthering implementation of this order; and
                    (5) track agencies' purchases of EPA-designated 
                guideline items and report agencies' purchases of such 
                guideline items to the FEE per the recommendations 
                developed in subsection 302(a)(5) of this order. Agency 
                acquisition and procurement personnel shall justify in 
                writing to the file and to the AEE the rationale for 
                not purchasing such items, above the micropurchase 
                threshold (as set out in the Office of Federal 
                Procurement Policy Act at 41 U.S.C. 428), and submit a 
                plan and timetable for increasing agency purchases of 
                the designated item(s).
                    (6) one year after a product is placed on the USDA 
                Biobased Products List, estimate agencies' purchases of 
                products on the list and report agencies' estimated 
                purchases of such products to the Secretary of 
                Agriculture.

                PART 4--ACQUISITION PLANNING, AFFIRMATIVE PROCUREMENT 
                PROGRAMS, AND FEDERAL FACILITY COMPLIANCE

                Sec. 401. Acquisition Planning. In developing plans, 
                drawings, work statements, specifications, or other 
                product descriptions, agencies shall consider, as 
                appropriate, a broad range of factors including: 
                elimination of virgin material requirements; use of 
                biobased products; use of recovered materials; reuse of 
                product; life cycle cost; recyclability; use of 
                environmentally preferable products; waste prevention 
                (including toxicity reduction or elimination); and 
                ultimate disposal. These factors should be considered 
                in acquisition planning for all procurement and in the 
                evaluation and award of contracts, as appropriate. 
                Program and acquisition managers should take an active 
                role in these activities.

                Sec. 402. Affirmative Procurement Programs. (a) The 
                head of each executive agency shall develop and 
                implement affirmative procurement programs in 
                accordance with section 6002 of RCRA (42 U.S.C. 6962) 
                and this order and consider use of the procurement 
                tools and methods described in 7 U.S.C. 5909. Agencies 
                shall ensure that responsibilities for preparation, 
                implementation, and monitoring of affirmative 
                procurement programs are shared between the program 
                personnel and acquisition and procurement personnel. 
                For the purposes of all purchases made pursuant to this 
                order, EPA, in consultation with such other executive 
                agencies as appropriate, shall endeavor to maximize 
                environmental benefits, consistent with price, 
                performance, and availability considerations, and 
                constraints imposed by law, and shall adjust 
                solicitation guidelines as necessary in order to 
                accomplish this goal.

                    (b) Agencies shall establish affirmative 
                procurement programs for all EPA-designated guideline 
                items purchased by their agency. For newly designated 
                items, agencies shall revise their internal programs 
                within 1 year from the date the EPA designated the new 
                items.

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                    (c) Exclusive of the biobased products described in 
                section 504, for the EPA-designated guideline items, 
                which are contained in 40 CFR part 247, and for all 
                future designated guideline items, agencies shall 
                ensure that their affirmative procurement programs 
                require 100 percent of their purchases of products to 
                meet or exceed the EPA guideline unless written 
                justification is provided that a product is not 
                available competitively within a reasonable time frame, 
                does not meet appropriate performance standards, or is 
                only available at an unreasonable price. Written 
                justification is not required for purchases below the 
                micropurchase threshold. For micropurchases, agencies 
                shall provide guidance regarding purchase of EPA-
                designated guideline items. This guidance should 
                encourage consideration of aggregating purchases when 
                this method would promote economy and efficiency.
                    (d) Within 90 days after the date of this order, 
                the head of each executive agency that has not 
                implemented an affirmative procurement program shall 
                ensure that the affirmative procurement program has 
                been established and is being implemented to the 
                maximum extent practicable.

                Sec. 403. Federal Facility Compliance. (a) Within 6 
                months of the date of this order, the Administrator of 
                the EPA shall, in consultation with the Federal 
                Environmental Executive, prepare guidance for use in 
                determining Federal facility compliance with section 
                6002 of RCRA and the related requirements of this 
                order.

                    (b) EPA inspections of Federal facilities conducted 
                pursuant to RCRA and the Federal Facility Compliance 
                Act and EPA ``multi-media'' inspections carried out at 
                Federal facilities will include, where appropriate, 
                evaluation of facility compliance with section 6002 of 
                RCRA and any implementing guidance.
                    (c) Where inspections of Federal facilities are 
                carried out by authorized States pursuant to RCRA and 
                the Federal Facility Compliance Act, the Administrator 
                of the EPA will encourage those States to include 
                evaluation of facility compliance with section 6002 of 
                RCRA in light of EPA guidance prepared pursuant to 
                subsection (a), where appropriate, similar to 
                inspections performed by the EPA. The EPA may provide 
                information and technical assistance to the States to 
                enable them to include such considerations in their 
                inspection.
                    (d) The EPA shall report annually to the Federal 
                Environmental Executive on the results of inspections 
                performed by the EPA to determine Federal facility 
                compliance with section 6002 of RCRA not later than 
                February 1st for those inspections conducted during the 
                previous fiscal year.

                PART 5--STANDARDS, SPECIFICATIONS, AND DESIGNATION OF 
                ITEMS

                Sec. 501. Specifications, Product Descriptions, and 
                Standards. When developing, reviewing, or revising 
                Federal and military specifications, product 
                descriptions (including commercial item descriptions), 
                and standards, executive agencies shall consider 
                recovered materials and any environmentally preferable 
                purchasing criteria developed by the EPA, and ensure 
                the criteria are complied with in developing or 
                revising standards. Agencies shall report annually to 
                the FEE on their compliance with this section for 
                incorporation into the biennial report to the President 
                referred to in section 302(a)(2) of this order. (a) If 
                an inconsistency with section 6002 of RCRA or this 
                order is identified in a specification, standard, or 
                product description, the FEE shall request that the 
                Environmental Executive of the pertinent agency advise 
                the FEE as to why the specification cannot be revised 
                or submit a plan for revising it within 60 days.

                    (b) If an agency is able to revise an inconsistent 
                specification but cannot do so within 60 days, it is 
                the responsibility of that AEE to monitor and implement 
                the plan for revising it.

                Sec. 502. Designation of Items that Contain Recovered 
                Materials. In order to expedite the process of 
                designating items that are or can be made with 
                recovered materials, the EPA shall use the following 
                process for designating these items in accordance with 
                section 6002(e) of RCRA. (a) The EPA shall designate 
                items that are or can be made with recovered material, 
                by promul-

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                gating amendments to the Comprehensive Procurement 
                Guideline (CPG). The CPG shall be updated every 2 years 
                or as appropriate after an opportunity for public 
                comment.

                    (b) Concurrent with the issuance of the CPG, the 
                EPA shall publish for comment in the Federal Register 
                Recovered Materials Advisory Notices that present the 
                range of recovered materials content levels within 
                which the designated items are currently available. 
                These levels shall be updated periodically, after 
                opportunity for public comment, to reflect changes in 
                market conditions.
                    (c) Once items containing recovered materials have 
                been designated by the EPA in the CPG, agencies shall 
                modify their affirmative procurement programs to 
                require that, to the maximum extent practicable, their 
                purchases of products meet or exceed the EPA guidelines 
                unless written justification is provided that a product 
                is not available competitively, not available within a 
                reasonable time frame, does not meet appropriate 
                performance standards, or is only available at an 
                unreasonable price.

                Sec. 503. Guidance on Acquisition of Environmentally 
                Preferable Products and Services. (a) The EPA shall 
                develop guidance within 90 days from the date of this 
                order to address environmentally preferable purchasing. 
                The guidance may be based on the EPA's September 1995 
                Proposed Guidance on the Acquisition of Environmentally 
                Preferable Products and Services and comments received 
                thereon. The guidance should be designed for 
                Government-wide use and targeted towards products and 
                services that have the most effect. The guidance may 
                also address the issues of use of the technical 
                expertise of nongovernmental entities and tools such as 
                life cycle assessment in decisions on environmentally 
                preferable purchasing. The EPA shall update this 
                guidance every 2 years, or as appropriate.

                    (b) Agencies are encouraged to immediately test and 
                evaluate the principles and concepts contained in the 
                EPA's Guidance on the Acquisition of Environmentally 
                Preferable Products and Services through pilot projects 
                to provide practical information to the EPA for further 
                updating of the guidance. Specifically:
                    (1) These pilot projects shall be focused around 
                those product and service categories, including 
                printing, that have wide use within the Federal 
                Government. Priorities regarding which product and 
                service categories to pilot shall be developed by the 
                individual agencies and the EPA, in consultation with 
                the OFPP, the FEE, and the appropriate agency 
                procurement executives. Any policy disagreements shall 
                be resolved by the Steering Committee.
                    (2) Agencies are encouraged to use all of the 
                options available to them to determine the 
                environmentally preferable attributes of products and 
                services in their pilot and demonstration projects, 
                including the use of technical expertise of 
                nongovernmental entities such as labeling, 
                certification, or standards-developing organizations, 
                as well as using the expertise of the National 
                Institute of Standards and Technology.
                    (3) Upon request and to the extent practicable, the 
                EPA shall assist executive agencies in designing, 
                implementing, and documenting the results of these 
                pilot and demonstration projects.
                    (4) The EPA, in coordination with other executive 
                agencies, shall develop a database of information about 
                these projects, including, but not limited to, the 
                number and status of pilot projects, examples of 
                agencies' policy directives, revisions to 
                specifications, solicitation procedures, and grant/
                contract policies that facilitate adoption of 
                environmentally preferable purchasing practices, to be 
                integrated on a commonly available electronic medium 
                (e.g., Internet Web site). These data are to be 
                reported to the FEE.
                    (c) Executive agencies shall use the principles and 
                concepts in the EPA Guidance on Acquisition of 
                Environmentally Preferable Products and Services, in 
                addition to the lessons from the pilot and 
                demonstration projects, to the maximum extent 
                practicable, in identifying and purchasing environ-

[[Page 49649]]

                mentally preferable products and services and shall 
                modify their procurement programs as appropriate.

                Sec. 504. Designation of Biobased Items by the USDA. 
                The USDA Biobased Products Coordination Council shall, 
                in consultation with the FEE, issue a Biobased Products 
                List. (a) The Biobased Products List shall be published 
                in the Federal Register by the USDA within 180 days 
                after the date of this order and shall be updated 
                biannually after publication to include additional 
                items.

                    (b) Once the Biobased Products List has been 
                published, agencies are encouraged to modify their 
                affirmative procurement program to give consideration 
                to those products.

                Sec. 505. Minimum Content Standard for Printing and 
                Writing Paper. Executive agency heads shall ensure that 
                their agencies meet or exceed the following minimum 
                materials content standards when purchasing or causing 
                the purchase of printing and writing paper: (a) For 
                high speed copier paper, offset paper, forms bond, 
                computer printout paper, carbonless paper, file 
                folders, white wove envelopes, writing and office 
                paper, book paper, cotton fiber paper, and cover stock, 
                the minimum content standard shall be no less than 30 
                percent postconsumer materials beginning December 31, 
                1998. If paper containing 30 percent postconsumer 
                material is not reasonably available, does not meet 
                reasonable performance requirements, or is only 
                available at an unreasonable price, then the agency 
                shall purchase paper containing no less than 20 percent 
                postconsumer material. The Steering Committee, in 
                consultation with the AEEs, may revise these levels if 
                necessary.

                    (b) As an alternative to meeting the standards in 
                sections 505(a), for all printing and writing papers, 
                the minimum content standard shall be no less than 50 
                percent recovered materials that are a waste material 
                byproduct of a finished product other than a paper or 
                textile product that would otherwise be disposed of in 
                a landfill, as determined by the State in which the 
                facility is located.
                    (c) Effective January 1, 1999, no executive branch 
                agency shall purchase, sell, or arrange for the 
                purchase of, printing and writing paper that fails to 
                meet the minimum requirements of this section.

                Sec. 506. Revision of Brightness Specifications and 
                Standards. The GSA and other executive agencies are 
                directed to identify, evaluate, and revise or eliminate 
                any standards or specifications unrelated to 
                performance that present barriers to the purchase of 
                paper or paper products made by production processes 
                that minimize emissions of harmful byproducts. This 
                evaluation shall include a review of unnecessary 
                brightness and stock clause provisions, such as lignin 
                content and chemical pulp requirements. The GSA shall 
                complete the review and revision of such specifications 
                within 6 months after the date of this order, and shall 
                consult closely with the Joint Committee on Printing 
                during such process. The GSA shall also compile any 
                information or market studies that may be necessary to 
                accomplish the objectives of this provision.

                Sec. 507. Procurement of Re-refined Lubricating Oil and 
                Retread Tires. (a) Agencies shall implement the EPA 
                procurement guidelines for re-refined lubricating oil 
                and retread tires. Fleet and commodity managers shall 
                take immediate steps, as appropriate, to procure these 
                items in accordance with section 6002 of RCRA. This 
                provision does not preclude the acquisition of biobased 
                (e.g., vegetable) oils.

                    (b) The FEE shall work to educate executive 
                agencies about the new Department of Defense 
                Cooperative Tire Qualification Program, including the 
                Cooperative Approval Tire List and Cooperative Plant 
                Qualification Program, as they apply to retread tires.

                PART 6--AGENCY GOALS AND REPORTING REQUIREMENTS

                Sec. 601. Agency Goals. (a)(1) Each agency shall 
                establish either a goal for solid waste prevention and 
                a goal for recycling or a goal for solid waste 
                diversion to be achieved by January 1, 2000. Each 
                agency shall further

[[Page 49650]]

                ensure that the established goals include long-range 
                goals to be achieved by the years 2005 and 2010. These 
                goals shall be submitted to the FEE within 180 days 
                after the date of this order. (2) In addition to white 
                paper, mixed paper/cardboard, aluminum, plastic, and 
                glass, agencies should incorporate into their recycling 
                programs efforts to recycle, reuse, or refurbish 
                pallets and collect toner cartridges for 
                remanufacturing. Agencies should also include programs 
                to reduce or recycle, as appropriate, batteries, scrap 
                metal, and fluorescent lamps and ballasts.

                    (b) Agencies shall set goals to increase the 
                procurement of products that are made with recovered 
                materials, in order to maximize the number of recycled 
                products purchased, relative to non-recycled 
                alternatives.
                    (c) Each agency shall set a goal for increasing the 
                use of environmentally preferable products and services 
                for those products and services for which the agency 
                has completed a pilot program.
                    (d) Agencies are encouraged to incorporate into 
                their Government Performance Results Act annual 
                performance plans the goals listed in subsections (a), 
                (b), and (c) above, starting with the submittal to the 
                Office of Management and Budget of the plan 
                accompanying the FY 2001 budget.
                    (e) Progress on attaining these goals should be 
                reported by the agencies to the FEE for the biennial 
                report specified in section 302(a)(2) of this order.

                PART 7--APPLICABILITY AND OTHER REQUIREMENTS

                Sec. 701. Contractor Applicability. Contracts that 
                provide for contractor operation of a Government-owned 
                or -leased facility and/or contracts that provide for 
                contractor or other support services at Government-
                owned or -operated facilities awarded by executive 
                agencies after the date of this order, shall include 
                provisions that obligate the contractor to comply with 
                the requirements of this order within the scope of its 
                operations.

                Sec. 702. Real Property Acquisition and Management. 
                Within 90 days after the date of this order, and to the 
                extent permitted by law and where economically 
                feasible, executive agencies shall ensure compliance 
                with the provisions of this order in the acquisition 
                and management of Federally owned and leased space. The 
                GSA and other executive agencies shall also include 
                environmental and recycling provisions in the 
                acquisition and management of all leased space and in 
                the construction of new Federal buildings.

                Sec. 703. Retention of Funds. (a) The Administrator of 
                General Services shall continue with the program that 
                retains for the agencies the proceeds from the sale of 
                materials recovered through recycling or waste 
                prevention programs and specifying the eligibility 
                requirements for the materials being recycled.

                    (b) Agencies in non-GSA managed facilities, to the 
                extent permitted by law, should develop a plan to 
                retain the proceeds from the sale of materials 
                recovered through recycling or waste prevention 
                programs.

                Sec. 704. Model Facility Programs. Each executive 
                agency shall establish a model demonstration program 
                incorporating some or all of the following elements as 
                appropriate. Agencies are encouraged to demonstrate and 
                test new and innovative approaches such as 
                incorporating environmentally preferable and bio-based 
                products; increasing the quantity and types of products 
                containing recovered materials; expanding collection 
                programs; implementing source reduction programs; 
                composting organic materials when feasible; and 
                exploring public/private partnerships to develop 
                markets for recovered materials.

                Sec. 705. Recycling Programs. (a)(1) Each executive 
                agency that has not already done so shall initiate a 
                program to promote cost-effective waste prevention and 
                recycling of reusable materials in all of its 
                facilities. The recycling programs implemented pursuant 
                to this section must be compatible with applicable 
                State and local recycling requirements.

[[Page 49651]]

                    (2) Agencies shall designate a recycling 
                coordinator for each facility or installation. The 
                recycling coordinator shall implement or maintain waste 
                prevention and recycling programs in the agencies' 
                action plans.
                    (b) Executive agencies shall also consider 
                cooperative ventures with State and local governments 
                to promote recycling and waste reduction in the 
                community.

                Sec. 706. Review of Implementation. The President's 
                Council on Integrity and Efficiency shall request that 
                the Inspectors General periodically review agencies' 
                implementation of this order.

                PART 8--AWARENESS

                Sec. 801. Training. (a) Within 180 days of the date of 
                this order, the FEE and OFPP should evaluate the 
                training courses provided by the Federal Acquisition 
                Institute and the Defense Acquisition University and 
                recommend any appropriate curriculum changes to ensure 
                that procurement officials are aware of the 
                requirements of this order.

                    (b) Executive agencies shall provide training to 
                program management and requesting activities as needed 
                to ensure awareness of the requirements of this order.

                Sec. 802. Internal Agency Awards Programs. Each agency 
                shall develop an internal agency-wide awards program, 
                as appropriate, to reward its most innovative 
                environmental programs. Among others, winners of 
                agency-wide awards will be eligible for the White House 
                Awards Program.

                Sec. 803. White House Awards Program. A Government-wide 
                award will be presented annually by the White House to 
                the best, most innovative programs implementing the 
                objectives of this order to give greater visibility to 
                these efforts so that they can be incorporated 
                Government-wide. The White House Awards Program will be 
                administered jointly by the FEE and the CEQ.

                PART 9--REVOCATION, LIMITATION, AND IMPLEMENTATION

                Sec. 901. Executive Order 12873 of October 20, 1993, is 
                hereby revoked.

                Sec. 902. This order is intended only to improve the 
                internal management of the executive branch and is not 
                intended to create any right, benefit, or trust 
                responsibility, substantive or procedural, enforceable 
                at law by a party against the United States, its 
                agencies, its officers, or any other person.

                Sec. 903. The policies and direction expressed in the 
                EPA guidance to be developed pursuant to section 503 of 
                this order shall be implemented and incorporated in the 
                Federal Acquisition Regulation within 180 days after 
                issuance of the guidance.

                    (Presidential Sig.)

                THE WHITE HOUSE,

                    September 14, 1998.

[FR Doc. 98-25023
Filed 9-15-98; 11:21 am]
Billing code 3195-01-P


Citation: 63 FR 49643
Revokes: EO 12873, October 20, 1993;; ; Revoked by: EO 13423, January 24, 2007;; ; See: EO 12843, April 21, 1993; EO 12845, April 21, 1993; EO 12856, August 3, 1993; EO 12902, March 8, 1994; EO 12969, August 8, 1995; EO 13031, December 13, 1996;
 

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