[Federal Register Volume 59, Number 47 (Thursday, March 10, 1994)]
[Presidential Documents]
[Pages 11463-11471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5834]
[[Page Unknown]]
[Federal Register: March 10, 1994]
_______________________________________________________________________
Part XIII
The President
_______________________________________________________________________
Executive Order 12902--
Energy Efficiency and Water Conservation at
Federal Facilities
Presidential Documents
Federal Register
Vol. 59, No. 47
Thursday, March 10, 1994
____________________________________________________________________
Title 3--
The President
Executive Order 12902 of March 8, 1994
Energy Efficiency and Water Conservation at
Federal Facilities
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including the Energy Policy and Conservation
Act (Public Law 94-163, 89 Stat. 871, 42 U.S.C. 6201 et
seq.) as amended by the Energy Policy Act of 1992
(Public Law 102-486, 106 Stat. 2776) and section 301 of
title 3, United States Code, I hereby order as follows:
PART 1--DEFINITIONS
For the purposes of this order:
Section 101. The ``Act'' means the Federal energy
management provisions of the Energy Policy and
Conservation Act, as amended by the Energy Policy Act
of 1992.
Sec. 102. The term ``comprehensive facility audit''
means a survey of a building or facility that provides
sufficiently detailed information to allow an agency to
enter into energy or water savings performance
contracts or to invite inspection and bids by private
upgrade specialists for direct agency-funded energy or
water efficiency investments. It shall include
information such as the following:
(a) the type, size, energy use, and performance of
the major energy using systems and their interaction
with the building envelope, the climate and weather
influences, usage patterns, and related environmental
concerns;
(b) appropriate energy and water conservation
maintenance and operating procedures;
(c) recommendations for the acquisition and
installation of energy conservation measures, including
solar and other renewable energy and water conservation
measures; and
(d) a strategy to implement the recommendations.
Sec. 103. The term ``cost-effective'' means providing a
payback period of less than 10 years, as determined by
using the methods and procedures developed pursuant to
42 U.S.C. 8254 and 10 CFR 436.
Sec. 104. The term ``demand side management'' refers to
utility-sponsored programs that increase energy
efficiency and water conservation or the management of
demand. The term includes load management techniques.
Sec. 105. The term ``energy savings performance
contracts'' means contracts that provide for the
performance of services for the audit, design,
acquisition, installation, testing, operation, and,
where appropriate, maintenance and repair, of an
identified energy or water conservation measure or
series of measures at one or more locations.
Sec. 106. The term ``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. 107. The term ``Federal building'' means any
individual building, structure, or part thereof,
including the associated energy or water-consuming
support systems, which is constructed, renovated, or
purchased in whole or in part for use by the Federal
Government and which consumes energy or water. In any
provision of this order, the term ``Federal building''
shall also include any building leased in whole or in
part for use by the Federal Government where the term
of the lease exceeds 5 years and the lease does not
prohibit implementation of the provision in question.
Sec. 108. The term ``Federal facility'' means any
building or collection of buildings, grounds, or
structure, as well as any fixture or part thereof,
which is owned by the United States or any Federal
agency or which is held by the United States or any
Federal agency under a lease-acquisition agreement
under which the United States or a Federal agency will
receive fee simple title under the terms of such
agreement without further negotiation. In any provision
of this order, the term ``Federal facility'' shall also
include any building leased in whole or in part for use
by the Federal Government where the term of the lease
exceeds 5 years and the lease does not prohibit
implementation of the provision in question.
Sec. 109. The term ``franchising'' means that an agency
would provide the services of its employees to other
agencies on a reimbursable basis.
Sec. 110. The term ``gainsharing'' refers to incentive
systems that allocate some portion of savings resulting
from gains in productivity to the workers who produce
those gains.
Sec. 111. The term ``industrial facilities'' means any
fixed equipment, building, or complex for the
production of goods that uses large amounts of capital
equipment in connection with, or as part of, any
process or system, and within which the majority of
energy use is not devoted to the heating, cooling,
lighting, ventilation, or to service the hot water
energy load requirements of the building.
Sec. 112. The term ``life cycle cost'' refers to life
cycle cost calculated pursuant to the methodology
established by 10 CFR 436.11.
Sec. 113. The term ``prioritization survey'' means a
rapid assessment that will be used by an agency to
identify those facilities with the highest priority
projects based on the degree of cost effectiveness and
to schedule comprehensive facility audits prior to
project implementation. The prioritization survey shall
include information such as the following:
(a) the type, size, energy and water use levels of
the major energy and water using systems in place at
the facility; and
(b) the need, if any, for acquisition and
installation of cost-effective energy and water
conservation measures, including solar and other
renewable energy resource measures.
Sec. 114. The term ``shared energy savings contract''
refers to a contract under which the contractor incurs
the cost of implementing energy savings measures
(including, but not limited to, performing the audit,
designing the project, acquiring and installing
equipment, training personnel, and operating and
maintaining equipment) and in exchange for providing
these services, the contractor gains a share of any
energy cost savings directly resulting from
implementation of such measures during the term of the
contract.
Sec. 115. The term ``solar and other renewable energy
sources'' includes, but is not limited to, agriculture
and urban waste, geothermal energy, solar energy, and
wind energy.
Sec. 116. The term ``utility'' means any person, State,
or agency that is engaged in the business of producing
or selling electricity or engaged in the local
distribution of natural gas or water to any ultimate
consumer.
PART 2--INTERAGENCY COORDINATION
Sec. 201. Interagency Coordination. The Department of
Energy (``DOE'') shall take the lead in implementing
this order through the Federal Energy Management
Program (``FEMP''). The Interagency Energy Policy
Committee (``656 Committee'') and the Interagency
Energy Management Task Force (``Task Force'') shall
serve as forums to coordinate issues involved in
implementing energy efficiency, water conservation, and
solar and other renewable energy in the Federal sector.
PART 3--AGENCY GOALS AND REPORTING REQUIREMENTS FOR
ENERGY AND WATER EFFICIENCY IN FEDERAL FACILITIES
Sec. 301. Energy Consumption Reduction Goals. (a) Each
agency shall develop and implement a program with the
intent of reducing energy consumption by 30 percent by
the year 2005, based on energy consumption per-gross-
square-foot of its buildings in use, to the extent that
these measures are cost-effective. The 30 percent
reductions shall be measured relative to the agency's
1985 energy use. Each agency's implementation program
shall be designed to speed the introduction of cost-
effective, energy-efficient technologies into Federal
facilities, and to meet the goals and requirements of
the Act and this order.
(b) Each agency shall develop and implement a
program for its industrial facilities in the aggregate
with the intent of increasing energy efficiency by at
least 20 percent by the year 2005 as compared to the
1990 benchmark, to the extent these measures are cost-
effective, and shall implement all cost-effective water
conservation projects. DOE, in coordination with the
656 Committee, shall establish definitions and
appropriate indicators of energy and water efficiency,
and energy and water consumption and costs, in Federal
industrial facilities for the purpose of establishing a
base year of 1990.
Sec. 302. Energy and Water Surveys and Audits of
Federal Facilities. (a) Prioritization Survey. Each
agency responsible for managing Federal facilities
shall conduct a prioritization survey, within 18 months
of the date of this order, on each of the facilities
the agency manages. The surveys shall be used to
establish priorities for conducting comprehensive
facility audits.
(b) Comprehensive Facility Audits. Each agency
shall develop and begin implementing a 10-year plan to
conduct or obtain comprehensive facility audits, based
on prioritization surveys performed under section
302(a) of this order.
(1) Implementation of the plan shall ensure that
comprehensive facility audits of approximately 10
percent of the agency's facilities are completed each
year. Agencies responsible for managing less than 100
Federal facilities shall plan and execute approximately
10 comprehensive facility audits per year until all
facilities have been audited.
(2) Comprehensive audits of facilities performed
within the last 3 years may be considered current for
the purposes of implementation.
(3) ``No-cost'' audits, such as those outlined in
section 501(c) of this order, shall be utilized to the
extent practicable.
(c) Exempt Facilities. Because the mission within
facilities exempt from the energy and water reduction
requirements under the Act may not allow energy
efficiency and water conservation in certain
operations, actions shall be taken to reduce all other
energy and water waste using the procedures described
in the Act and this order. Each agency shall develop
and implement a plan to improve energy and water
efficiency in such exempt facilities. The
prioritization surveys are intended to allow agencies
to refine their designation of facilities as ``exempt''
or ``industrial,'' so that only individual buildings in
which industrial or energy-intensive operations are
conducted remain designated as ``exempt'' or
``industrial.'' Within 21 months of the date of this
order, each agency shall report to FEMP and to the
Office of Management and Budget (``OMB'') the
redesignations that the agency is making as a result of
the prioritization surveys. Agencies may seek
exemptions for their facilities pursuant to the Energy
Policy and Conservation Act, as amended.
(d) Leased Facilities. Agencies shall conduct
surveys and audits of leased facilities to the extent
practicable and to the extent that the recommendations
of such surveys and audits could be implemented under
the terms of the lease.
Sec. 303. Implementation of Energy Efficiency and Water
Conservation Projects. (a) Implementation of New Audit
Recommendations. Within 1 year of the date of this
order, agencies shall identify, based on preliminary
recommendations from the prioritization surveys
required under section 302 of this order, high priority
facilities to audit and shall complete the first 10
percent of the required comprehensive facility audits.
Within 180 days of the completion of the comprehensive
facility audit of each facility, agencies shall begin
implementing cost-effective recommendations for
installation of energy efficiency, water conservation,
and renewable energy technologies for that facility.
(b) Implementation of Existing Audits. Within 180
days of the date of this order, agencies shall begin to
implement cost-effective recommendations from
comprehensive audits of facilities performed within the
past 3 years, for installation of energy efficiency,
water conservation, and renewable energy technologies.
Sec. 304. Solar and Other Renewable Energy. The goal of
the Federal Government is to significantly increase the
use of solar and other renewable energy sources. DOE
shall develop a program for achieving this goal cost-
effectively and, within 210 days of the date of this
order, submit the program to the 656 Committee for
review. DOE shall lead the effort to assist agencies in
meeting this goal.
Sec. 305. Minimization of Petroleum-Based Fuel Use in
Federal Buildings and Facilities. All agencies shall
develop and implement programs to reduce the use of
petroleum in their buildings and facilities by
switching to a less-polluting and nonpetroleum-based
energy source, such as natural gas or solar and other
renewable energy sources. Where alternative fuels are
not practical or cost-effective, agencies shall strive
to improve the efficiency with which they use the
petroleum. Each agency shall survey its buildings and
facilities that utilize petroleum-based fuel systems to
determine where the potential for a dual-fuel
capability exists and shall provide dual-fuel
capability where cost-effective and practicable.
Sec. 306. New Space. (a) New Federal Facility
Construction. Each agency involved in the construction
of a new facility that is to be either owned by or
leased to the Federal Government shall:
(1) design and construct such facility to minimize
the life cycle cost of the facility by utilizing energy
efficiency, water conservation, or solar or other
renewable energy technologies;
(2) ensure that the design and construction of
facilities meet or exceed the energy performance
standards applicable to Federal residential or
commercial buildings as set forth in 10 CFR 435, local
building standards, or a Btu-per-gross-square-foot
ceiling as determined by the Task Force within 120 days
of the date of this order, whichever will result in a
lower life cycle cost over the life of the facility;
(3) establish and implement, within 270 days of the
date of this order, a facility commissioning program
that will ensure that the construction of such
facilities meets the requirements outlined in this
section before the facility is accepted into the
Federal facility inventory; and
(4) utilize passive solar design and adopt active
solar technologies where they are cost-effective.
(b) New Leases For Existing Facilities. To the
extent practicable and permitted by law, agencies
entering into leases, including the renegotiation or
extension of existing leases, shall identify the energy
and water consumption of those facilities and seek to
incorporate provisions into each lease that minimize
the cost of energy and water under a life cycle
analysis, while maintaining or improving occupant
health and safety. These requirements may include
renovation of proposed space prior to or within the
first year of each lease. Responsible agencies shall
seek to negotiate the cost of the lease, taking into
account the reduced energy and water costs during the
term of the lease.
(c) Government-Owned Contractor-Operated
Facilities. All Government-owned contractor-operated
facilities shall comply with the goals and requirements
of this order. Energy and water management goals shall
be incorporated into their management contracts.
Sec. 307. Showcase Facilities. (a) New Building
Showcases. When an agency constructs at least five
buildings in a year, it shall designate at least one
building, at the earliest stage of development, to be a
showcase highlighting advanced technologies and
practices for energy efficiency, water conservation, or
use of solar and other renewable energy.
(b) Demonstrations in Existing Facilities. Each
agency shall designate one of its major buildings to
become a showcase to highlight energy or water
efficiency and also shall attempt to incorporate
cogeneration, solar and other renewable energy
technologies, and indoor air quality improvements.
Selection of such buildings shall be based on
considerations such as the level of nonfederal
visitors, historic significance, and the likelihood
that visitors will learn from displays and implement
similar projects. Within 180 days of the date of this
order, each agency shall develop and implement plans
and work in cooperation with DOE and, where
appropriate, in consultation with the General Services
Administration (``GSA''), the Environmental Protection
Agency (``EPA''), and other appropriate agencies, to
determine the most effective and cost-effective
strategies to implement these demonstrations.
Sec. 308. Annual Reporting Requirements. (a) As
required under the Act, the head of each agency shall
report annually to the Secretary of Energy and OMB, in
a format specified by the Secretary and OMB after
consulting with the 656 Committee. The report shall
describe the agency's progress in achieving the goals
of this order.
(b) The Secretary of Energy shall report to the
President and the Congress annually on the
implementation of this order. The report should provide
information on energy and water use and cost data and
shall provide the greatest level of detail practicable
for buildings and facilities by energy source.
Sec. 309. Report on Full Fuel Cycle Analysis. DOE shall
prepare a report on the issues involved in instituting
life cycle analysis for Federal energy and product
purchases that address the full fuel cycle costs,
including issues concerning energy exploration,
development, processing, transportation, storage,
distribution, consumption, and disposal, and related
impacts on the environment. The report shall examine
methods for conducting life cycle analysis and
implementing such analysis in the Federal sector and
shall make appropriate recommendations. The report
shall be forwarded to the President for review.
Sec. 310. Agency Accountability. One year after the
date of this order, and every 2 years thereafter, the
President's Management Council shall report to the
President about efforts and actions by agencies to meet
the requirements of this order. In addition, each
agency head shall designate a senior official, at the
Assistant Secretary level or above, to be responsible
for achieving the requirements of this order and shall
appoint such official to the 656 Committee. The 656
Committee shall also work to ensure the implementation
of this order. The agency senior official and the 656
Committee shall coordinate implementation with the
Federal Environmental Executive and Agency
Environmental Executives established under Executive
Order No. 12873.
PART 4--USE OF INNOVATIVE FINANCING AND CONTRACTUAL
MECHANISMS
Sec. 401. Financing Mechanisms. In addition to
available appropriations, agencies shall utilize
innovative financing and contractual mechanisms,
including, but not limited to, utility demand side
management programs, shared energy savings contracts,
and energy savings performance contracts, to meet the
goals and requirements of the Act and this order.
Sec. 402. Workshop for Agencies. Within a reasonable
time of the date of this order, the Director of OMB, or
his or her designee, and the Task Force shall host a
workshop for agencies regarding financing and
contracting for energy efficiency, water efficiency,
and renewable technology projects. Based on the results
of that meeting, the Administrator, Office of
Procurement Policy (``OFPP''), shall assist the
Administrator of General Services and the Secretary of
Energy in eliminating unnecessary regulatory and
procedural barriers that slow the utilization of such
audit, financing, and contractual mechanisms or
complicate their use. All actions that are cost-
effective shall be implemented through the process
required in section 403 of this order.
Sec. 403. Elimination of Barriers. Agency heads shall
work with their procurement officials to identify and
eliminate internal regulations, procedures, or other
barriers to implementation of the Act and this order.
DOE shall develop a model set of recommendations that
will be forwarded to the Administrator of OFPP in order
to assist agencies in eliminating the identified
barriers.
PART 5--TECHNICAL ASSISTANCE, INCENTIVES, AND AWARENESS
Sec. 501. Technical Assistance. (a) To assist Federal
energy managers in implementing energy efficiency and
water conservation projects, DOE shall, within 180 days
of the date of this order, develop and make available
through the Task Force:
(1) guidance explaining the relationship between
water use and energy consumption and the energy savings
achieved through water conservation measures;
(2) a model solicitation and implementation guide for
innovative funding mechanisms referenced in section 401
of this order;
(3) a national list of companies providing water
services in addition to the list of qualified energy
service companies as required by the Act;
(4) the capabilities and technologies available
through the national energy laboratories; and
(5) an annually-updated guidance manual for Federal
energy managers that includes, at a minimum, new sample
contracts or contract provisions, position
descriptions, case studies, recent guidance, and
success stories.
(b) The Secretary of Energy, in coordination with
the Administrator of General Services, shall make
available through the Task Force, within 180 days of
the date of this order:
(1) the national list of qualified water and energy
efficiency contractors for inclusion on a Federal
schedule; and
(2) a model provision on energy efficiency and water
conservation, for inclusion in new leasing contracts.
(c) Within 180 days of the date of this order, the
Administrator of General Services shall:
(1) contact each utility that has an area-wide
contract with GSA to determine which of those utilities
will perform ``no-cost'' audits for energy efficiency
and water conservation and potential solar and other
renewable energy sources that comply with Federal life
cycle costing procedures set forth in Subpart A, 10 CFR
436;
(2) for each energy and water utility serving the
Federal Government, determine which of those utilities
offers demand-side management services and incentives
and obtain a list and description of those services and
incentives; and
(3) prepare a list of those utilities and make that
list available to all Federal property management
agencies through the Task Force.
(d) Within 18 months of the date of this order, the
Administrator of General Services, in consultation with
the Secretary of Energy, shall develop procurement
techniques, methods, and contracts to speed the
purchase and installation of energy, water, and
renewable energy technologies in Federal facilities.
Such techniques, methods, and contracts shall be
designed to utilize both direct funding by the user
agency, including energy savings performance
contracting, and utility rebates. To the extent
permitted by law, the Administrator of OFPP shall
assist the Administrator of General Services and the
Secretary of Energy by eliminating unnecessary
regulatory and procedural barriers that would slow the
implementation of such methods, techniques, or
contracts or complicate their use.
(e) Agencies are encouraged to seek technical
assistance from DOE to develop and implement solar and
other renewable energy projects.
(f) DOE shall conduct appropriate training for
Federal agencies to assist them in identifying and
funding cost-effective projects. This training shall
include providing software and other technical tools to
audit facilities and identify opportunities. To the
extent that resources are available, DOE shall work
with utilities and the private sector to encourage
their participation in Federal sector programs.
(g) DOE, in coordination with EPA, GSA, and the
Department of Defense (``DOD''), shall develop
technical assistance services for agencies to help
identify energy efficiency, water conservation, indoor
air quality, solar and other renewable energy projects,
new building design, fuel switching, and life cycle
cost analysis. These services shall include, at a
minimum, a help line, computer bulletin board,
information and education materials, and project
tracking methods. Agencies shall identify technical
assistance needed to meet the goals and requirements of
the Act and this order and seek such assistance from
DOE.
(h) The Secretary of Energy and the Administrator
of General Services shall explore ways to stimulate
energy efficiency, water conservation, and use of solar
and other renewable energy sources and shall study
options such as new building performance guidelines,
life cycle value engineering, and designer/builder
incentives such as award fees. The studies shall be
completed within 270 days of the date of this order.
The OFPP will issue guidance to agencies on life cycle
value engineering within 6 months of the completion of
the studies.
(i) The Secretary of Energy and the Administrator
of General Services shall develop and distribute
through the Task Force a model building commissioning
program within 270 days of the date of this order.
(j) The lists, guidelines, and services in this
section of the order shall be updated periodically.
Sec. 502. Retention of Savings and Rebates. (a) Within
a reasonable time after the date of this order, the
Director of OMB, along with the Secretary of Energy,
the Secretary of Defense, and the Administrator of
General Services, to the extent practicable and
permitted by law, shall develop guidelines and
implement procedures to allow agencies, in fiscal year
1995 and beyond, to retain utility rebates and
incentives received by the agency and savings from
energy efficiency and water conservation efforts as
provided in section 152 of the Energy Policy Act of
1992 and 10 U.S.C. 2865 and 2866.
Sec. 503. Performance Evaluations. To recognize the
responsibilities of facility managers, designers,
energy managers, their superiors, and, to the extent
practicable and appropriate, others critical to the
implementation of this order, heads of agencies shall
include successful implementation of energy efficiency,
water conservation, and solar and other renewable
energy projects in their position descriptions and
performance evaluations.
Sec. 504. Incentive Awards. Agencies are encouraged to
review employee incentive programs to ensure that such
programs appropriately reward exceptional performance
in implementing the Act and this order. Such awards may
include monetary incentives such as Quality Step
Increases, leave time awards and productivity
gainsharing, and nonmonetary and honor awards such as
increased authority, additional resources, and a series
of options from which employees or teams of employees
can choose.
Sec. 505. Project Teams/Franchising. (a) Agencies are
encouraged to establish Energy Efficiency and
Environmental Project Teams (``Project Teams'') to
implement energy efficiency, water conservation, and
solar and other renewable energy projects within their
respective agencies. DOE shall develop a program to
train and support the Project Teams, which should have
particular expertise in innovative financing, including
shared energy savings and energy savings performance
contracting. The purpose of the program is to enable
project teams to implement projects quickly and
effectively in their own agencies.
(b) Agencies are encouraged to franchise the
services of their Project Teams. The ability to access
the services of other agencies' teams will foster
excellence in project implementation through
competition among service providers, while providing an
alternative method to meet or exceed the requirements
of the Act and this order for agencies that are unable
to devote sufficient personnel to implement projects.
Sec. 506. FEMP Account Managers. FEMP shall develop a
customer service program and assign account managers to
agencies or regions so that each project may have a
designated account manager. When requested by an
agency, the account manager shall start at the audit
phase and follow a project through commissioning,
evaluation, and reporting. The account manager shall
provide technical assistance and shall have
responsibility to see that all actions possible are
taken to ensure success of the project.
Sec. 507. Procurement of Energy Efficient Products by
Federal Agencies. (a) ``Best Practice'' Technologies.
Agencies shall purchase energy-efficient products in
accordance with the guidelines issued by OMB, in
consultation with the Defense Logistics Agency
(``DLA''), DOE, and GSA, under section 161 of the
Energy Policy Act of 1992. The guidelines shall include
listings of energy-efficient products and practices
used in the Federal Government. At a minimum, OMB shall
update the listings annually. DLA, DOE, and GSA shall
update the portions of the listings for which they have
responsibility as new products become available and
conditions change.
(1) Each agency shall purchase products listed as
energy-efficient in the guidelines whenever
practicable, and whenever they meet the agency's
specific performance requirements and are cost-
effective. Each agency shall institute mechanisms to
set targets and measure progress.
(2) To further encourage a market for highly-energy-
efficient products, each agency shall increase, to the
extent practicable and cost-effective, purchases of
products that are in the upper 25 percent of energy
efficiency for all similar products, or products that
are at least 10 percent more efficient than the minimum
level that meets Federal standards. This requirement
shall apply wherever such information is available,
either through Federal or industry-approved testing and
rating procedures.
(3) GSA and DLA, in consultation with DOE, other
agencies, States, and industry and other nongovernment
organizations, shall provide all agencies with
information on specific products that meet the energy-
efficiency criteria of this section. Product
information should be made available in both printed
and electronic formats.
(b) Federal Market Opportunities. DOE, after
consultation with industry, utilities, and other
interested parties, shall identify advanced energy-
efficient and water-conserving technologies that are
technically and commercially feasible but not yet
available on the open market. These technologies may
include, but are not limited to, the advanced appliance
technologies referenced in section 127 of the Energy
Policy Act of 1992. DOE, in cooperation with OMB, GSA,
DOD, the National Institute of Standards and Technology
(``NIST''), and EPA, shall issue a ``Federal
Procurement Challenge'' inviting each Federal agency to
commit a specified fraction of their purchases within a
given time period to advanced, high-efficiency models
of products, provided that these anticipated future
products can meet the agency's energy performance,
functionality, and cost requirements.
(c) Accelerated Retirement of Inefficient
Equipment. DOE, in consultation with GSA and other
agencies, shall establish guidelines for the cost-
effective early retirement of older, inefficient
appliances and other energy and water-using equipment
in Federal facilities. Such guidelines may take into
account significant improvements in energy efficiency
and water conservation, opportunities to down-size or
otherwise optimize the replacement equipment as a
result of associated improvements in building envelope,
system, or industrial process efficiency and reductions
in pollutant emissions, use of chlorofluorocarbons, and
other environmental improvements.
(d) Review of Barriers. Each agency shall review
and revise Federal or military specifications, product
descriptions, and standards to eliminate barriers to,
and encourage Federal procurement of, products that are
energy-efficient or water conserving.
PART 6--WAIVERS
Sec. 601. Waivers. Each agency may determine whether
certain requirements in this order are inconsistent
with the mission of the agency and seek a waiver of the
provision from the Secretary of Energy. Any waivers
authorized by the Secretary of Energy shall be included
in the annual report on Federal energy management
required under the Act.
PART 7--REVOCATION, LIMITATION, AND IMPLEMENTATION
Sec. 701. Executive Order No. 12759, of April 17, 1991,
is hereby revoked, except that sections 3, 9, and 10 of
that order shall remain effective and shall not be
revoked.
Sec. 702. This order is intended only to improve the
internal management of the executive branch and is not
intended to, and does not create, any right to
administrative or judicial review, or any other right
or benefit or trust responsibility, substantive or
procedural, enforceable by a party against the United
States, its agencies or instrumentalities, its officers
or employees, or any other person.
Sec. 703. This order shall be effective immediately.
(Presidential Sig.)>
THE WHITE HOUSE,
March 8, 1994.
[FR Doc. 94-5834
Filed 3-9-94; 11:02 am]
Billing code 3195-01-P
