98-25023. Greening the Government Through Waste Prevention, Recycling, and Federal Acquisition

  • [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]
    
    
    
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    _______________________________________________________________________
    
    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
    
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                    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.
    
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                        (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-
    
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                    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
    
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                    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
    
    
    

Document Information

Published:
09/16/1998
Department:
Executive Office of the President
Entry Type:
Presidential Document
Document Type:
Executive Order
Document Number:
98-25023
Pages:
49643-49651 (9 pages)
EOCitation:
E.O. 13101 of 1998-09-14
EONotes:
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; EO 13148, April 21, 2000; EO 13149, April 21, 2000; Proc. 7250, November 15, 1999
PDF File:
98-25023.pdf