TITLE 48 - FEDERAL ACQUISITION REGULATIONS SYSTEM

CHAPTER 1 - FEDERAL ACQUISITION REGULATION

SUBCHAPTER H - CLAUSES AND FORMS

PART 52 - SOLICITATION PROVISIONS AND CONTRACT CLAUSES

52.223 - 5 - Pollution Prevention and Right - to - Know Information.

As prescribed in 23.1005, insert the following clause: Pollution Prevention and Right-to-Know Information (AUG 2003) (a) Definitions. As used in this clause Priority chemical means a chemical identified by the Interagency Environmental Leadership Workgroup or, alternatively, by an agency pursuant to section 503 of Executive Order 13148 of April 21, 2000, Greening the Government through Leadership in Environmental Management.

Toxic chemical means a chemical or chemical category listed in 40 CFR 372.65.

  (b) Executive Order 13148 requires Federal facilities to comply with the provisions of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) (42 U.S.C. 1100111050) and the Pollution Prevention Act of 1990 (PPA) (42 U.S.C. 1310113109).

  (c) The Contractor shall provide all information needed by the Federal facility to comply with the following: (1) The emergency planning reporting requirements of section 302 of EPCRA.

  (2) The emergency notice requirements of section 304 of EPCRA.

  (3) The list of Material Safety Data Sheets, required by section 311 of EPCRA.

  (4) The emergency and hazardous chemical inventory forms of section 312 of EPCRA.

  (5) The toxic chemical release inventory of section 313 of EPCRA, which includes the reduction and recycling information required by section 6607 of PPA.

  (6) The toxic chemical, priority chemical, and hazardous substance release and use reduction goals of sections 502 and 503 of Executive Order 13148.

(End of clause) Alternate I (AUG 2003). As prescribed in 23.1005(b), add the following paragraph (c)(7) to the basic clause: (c)(7) The environmental management system as described in section 401 of E.O. 13148.

Alternate II (AUG 2003). As prescribed in 23.1005(c), add the following paragraph (c)(7) to the basic clause. If Alternate I is also prescribed, renumber paragraph (c)(7) as paragraph (c)(8).

  (c)(7) The facility compliance audits as described in section 402 of E.O. 13148.

[68 FR 43870, July 24, 2003]