Presidential Determination No. 93-34 of August 19, 1993
Determination Pursuant to Section 2(c)(1) of the Migration and
Refugee Assistance Act of 1962, as Amended, and Amendment to
Presidential Determination 92-39 of August 17, 1992
Vol. 58, No. 167
58 FR 45779
Tuesday, August 31, 1993
Title 3-The President Proclamation 6586 of August 18, 1993 Women's
Equality Day, 1993 By the President of the United States of America
Vol. 58, No. 160
Part V
58 FR 44433
Friday, August 20, 1993
Title 3-The President Executive Order 12859 of August 16,
1993 Establishment of the Domestic Policy Council
Vol. 58, No. 159
58 FR 44101
Thursday, August 19, 1993
Title 3-The President Presidential Determination No. 93-30 of July 2,
1993 Determination Under Section 405(a) of the Trade Act of
1974, as Amended-Romania
Vol. 58, No. 158
58 FR 43785
Wednesday, August 18, 1993
Title 3-The President Proclamation 6585 of August 11, 1993 To Designate
Peru as a Beneficiary Country for Purposes of the Andean Trade Preference
Act By the President of the United States of America
Vol. 58, No. 156
58 FR 43239
Monday, August 16, 1993
Title 3- The President Executive Order 12856 of August 3, 1993 Federal
Compliance With Right-to-Know Laws and Pollution Prevention Requirements
Vol. 58, No. 150
58 FR 41981
Friday, August 06, 1993
Title 3-The President Executive Order 12857 of August 4, 1993 Budget
Control
Vol. 58, No. 150
Part V
58 FR 42181
Friday, August 06, 1993
Deficit Reduction Fund
Vol. 58, No. 150
Part V
58 FR 42185
Friday, August 06, 1993
Title 3-The President Proclamation 6584 of August 1, 1993 Helsinki Human
Rights Day, 1993 By the President of the United States of America
Vol. 58, No. 149
58 FR 41621
Thursday, August 05, 1993
Title 3-The President Proclamation 6583 of July 29, 1993 Death of General
Matthew B. Ridgway By the President of the United States of America
Vol. 58, No. 146
Part VII
58 FR 41169
Monday, August 02, 1993
Title 3- The President Proclamation 6582 of July 27, 1993 40th Anniversary
of the Korean Armistice By the President of the United States of America
Vol. 58, No. 145
58 FR 40717
Friday, July 30, 1993
Title 3-The President Presidential Determination No. 93-31 of July 14, 1993
Military Sales of Depleted Uranium Ammunition
Vol. 58, No. 143
58 FR 40307
Wednesday, July 28, 1993
Presidential Determination No. 93-32 of July 19, 1993 Certification of
Free, Fair, and Democratic Elections in Angola Under Section 842 of
Public Law 102-484
Vol. 58, No. 143
58 FR 40309
Wednesday, July 28, 1993
Title 3-The President Proclamation 6581 of July 22, 1993 National Veterans
Golden Age Games Week, 1993 By the President of the United States of
America
Vol. 58, No. 142
58 FR 40031
Tuesday, July 27, 1993
Title 3-The President Executive Order 12855 of July 19, 1993
Vol. 58, No. 138
Part IV
58 FR 39107
Wednesday, July 21, 1993
Memorandum of July 19, 1993 Delegation of Authority Regarding the Horn of
Africa Recovery and Food Security Act Reporting Requirement
Vol. 58, No. 138
Part IV
58 FR 39109
Wednesday, July 21, 1993
Notice of July 20, 1993 Continuation of Iraqi Emergency
Vol. 58, No. 138
Part IV
58 FR 39111
Wednesday, July 21, 1993
Title 3-The President Proclamation 6580 of July 15, 1993 Captive Nations
Week, 1993 By the President of the United States of America
Vol. 58, No. 136
Part VIII
58 FR 38659
Monday, July 19, 1993
Title 3 The President Presidential Determination No. 93-28 of June 25, 1993
Presidential Determination on Haiti Reconstruction and Reconciliation
Fund
Vol. 58, No. 132
58 FR 37631
Tuesday, July 13, 1993
Title 3-The President Executive Order 12852 of June 29, 1993 President's
Council on Sustainable Development
Vol. 58, No. 126
58 FR 35841
Friday, July 02, 1993
Executive Order 12853 of June 30, 1993 Blocking Government of Haiti
Property and Prohibiting Transactions With Haiti
Vol. 58, No. 126
58 FR 35843
Friday, July 02, 1993
Title 3-The President Proclamation 6579 of July 4, 1993 To Implement an
Accelerated Tariff Schedule of Duty Elimination and To Modify Rules of
Origin Under the United States-Canada Free-Trade Agreement By the
President of the United States of America
Vol. 58, No. 129
Part VIII
58 FR 36839
Thursday, July 08, 1993
Title 3-The President Proclamation 6577 of July 2, 1993 Agreement on Trade
Relations Between the United States of America and Romania By the
President of the United States of America
Vol. 58, No. 128
58 FR 36301
Wednesday, July 07, 1993
Title 3- The President Proclamation 6578 of July 2, 1993 National Literacy
Day, 1993 and 1994 By the President of the United States of America
Vol. 58, No. 128
Part V
58 FR 36585
Wednesday, July 07, 1993
Executive Order 12854 of July 4, 1993 Implementation of the Cuban Democracy
Act
Vol. 58, No. 128
Part V
58 FR 36587
Wednesday, July 07, 1993
Title 3-The President Proclamation 6576 of July 1, 1993 National Youth
Sports Program Day, 1993 By the President of the United States of America
Vol. 58, No. 127
58 FR 36117
Tuesday, July 06, 1993
Title 3-The President Proclamation 6575 of June 25, 1993 To Modify
Duty-Free Treatment Under the Generalized System of Preferences and for
Other Purposes By the President of the United States of America
Vol. 58, No. 123
Part III
58 FR 34855
Tuesday, June 29, 1993
Memorandum of June 25, 1993 Actions Concerning the Generalized System of
Preferences Memorandum for the United States Trade Representative
Vol. 58, No. 123
Part III
58 FR 34861
Tuesday, June 29, 1993
Title 3-The President Memorandum of June 23, 1993 Delegation of Reporting
Function Memorandum for the Secretary of Energy
Vol. 58, No. 122
58 FR 34519
Monday, June 28, 1993
Title 3-The President Proclamation 6574 of June 21, 1993 Suspension of
Entry as Immigrants and Nonimmigrants of Persons Who Formulate or
Implement Policies That Are Impeding the Transition to Democracy in Zaire
or Who Benefit From Such Policies By the President of the United States
of America
Vol. 58, No. 119
Part XI
58 FR 34209
Wednesday, June 23, 1993
Title 3-The President Proclamation 6573 of June 17, 1993 Father's Day, 1993
By the President of the United States of America
Vol. 58, No. 117
58 FR 33753
Monday, June 21, 1993
Title 3-The President Proclamation 6572 of June 14, 1993 Flag Day and
National Flag Week, 1993 By the President of the United States of America
Vol. 58, No. 114
58 FR 33185
Wednesday, June 16, 1993
Title 3-The President Presidential Determination No. 93-25 of June 2, 1993
Determination Under Section 402(d)(1) of the Trade Act of 1974, as
Amended-Continuation of Waiver Authority
Vol. 58, No. 113
58 FR 33005
Tuesday, June 15, 1993
Presidential Determination No. 93-26 of June 3, 1993 Presidential
Determination Under Subsections 402(a) and 409(a) of the Trade Act of
1974, as Amended-Emigration Policies of the Republic of Bulgaria
Memorandum for the Secretary of State
Vol. 58, No. 113
58 FR 33007
Tuesday, June 15, 1993
===================text of orders======================
Title 3- The President Executive Order 12856 of August 3, 1993 Federal
Compliance With Right-to-Know Laws and Pollution Prevention Requirements
Vol. 58, No. 150
58 FR 41981
Friday, August 06, 1993
AGENCY: PRESIDENT OF THE UNITED STATES
DOC TYPE: *Presidential Documents*
WORD COUNT: 4,786
TEXT:
WHEREAS, the Emergency Planning and Community Right-to-Know Act of 1986 (42
U.S.C. 11001-11050) (EPCRA) established programs to provide the public with
important information on the hazardous and toxic chemicals in their
communities, and established emergency planning and notification
requirements to protect the public in the event of a release of extremely
hazardous substances;
WHEREAS, the Federal Government should be a good neighbor to local
communities by becoming a leader in providing information to the public
concerning toxic and hazardous chemicals and extremely hazardous substances
at Federal facilities, and in planning for and preventing harm to the
public through the planned or unplanned releases of chemicals;
WHEREAS, the Pollution Prevention Act of 1990 (42 U.S.C. 13101-13109) (PPA)
established that it is the national policy of the United States that,
whenever feasible, pollution should be prevented or reduced at the source;
that pollution that cannot be prevented should be recycled in an
environmentally safe manner; that pollution that cannot be prevented or
recycled should be treated in an environmentally safe manner; and that
disposal or other release into the environment should be employed only as a
last resort and should be conducted in an environmentally safe manner;
WHEREAS, the PPA required the Administrator of the Environmental Protection
Agency (EPA) to promote source reduction practices in other agencies;
WHEREAS, the Federal Government should become a leader in the field of
pollution prevention through the management of its facilities, its
acquisition practices, and in supporting the development of innovative
pollution prevention programs and technologies;
WHEREAS, the environmental, energy, and economic benefits of energy and
water use reductions are very significant; the scope of innovative
pollution prevention programs must be broad to adequately address the
highest-risk environmental problems and to take full advantage of
technological opportunities in sectors other than industrial manufacturing;
the Energy Policy Act of 1992 (Public Law 102-486 of October 24, 1992)
requires the Secretary of Energy to work with other Federal agencies to
significantly reduce the use of energy and reduce the related environmental
impacts by promoting use of energy efficiency and renewable energy
technologies; and
WHEREAS, as the largest single consumer in the Nation, the Federal
Government has the opportunity to realize significant economic as well as
environmental benefits of pollution prevention;
AND IN ORDER TO:
Ensure that all Federal agencies conduct their facility management and
acquisition activities so that, to the maximum extent practicable, the
quantity of toxic chemicals entering any wastestream, including any
releases to the environment, is reduced as expeditiously as possible
through source reduction; that waste that is generated is recycled to the
maximum extent practicable; and that any wastes remaining are stored,
treated or disposed of in a manner protective of public health and the
environment; {pg 41982}
Require Federal agencies to report in a public manner toxic chemicals
entering any wastestream from their facilities, including any releases to
the environment, and to improve local emergency planning, response, and
accident notification; and
Help encourage markets for clean technologies and safe alternatives to
extremely hazardous substances or toxic chemicals through revisions to
specifications and standards, the acquisition and procurement process, and
the testing of innovative pollution prevention technologies at Federal
facilities or in acquisitions;
NOW THEREFORE, by the authority vested in me as President by the
Constitution and the laws of the United States of America, including the
EPCRA, the PPA, and section 301 of title 5, United States Code, it is
hereby ordered as follows:
Section 1. Applicability.
1-101. As delineated below, the head of each Federal agency is responsible
for ensuring that all necessary actions are taken for the prevention of
pollution with respect to that agency's activities and facilities, and for
ensuring that agency's compliance with pollution prevention and emergency
planning and community right-to-know provisions established pursuant to all
implementing regulations issued pursuant to EPCRA and PPA.
1-102. Except as otherwise noted, this order is applicable to all Federal
agencies that either own or operate a "facility" as that term is defined in
section 329(4) of EPCRA, if such facility meets the threshold requirements
set forth in EPCRA for compliance as modified by section 3-304(b) of this
order ("covered facilities"). Except as provided in section 1-103 and
section 1-104 below, each Federal agency must apply all of the provisions
of this order to each of its covered facilities, including those facilities
which are subject, independent of this order, to the provisions of EPCRA
and PPA (e.g., certain Government-owned/contractor-operated facilities
(GOCO's), for chemicals meeting EPCRA thresholds). This order does not
apply to Federal agency facilities outside the customs territory of the
United States, such as United States diplomatic and consular missions
abroad.
1-103. Nothing in this order alters the obligations which GOCO's and
Government corporation facilities have under EPCRA and PPA independent of
this order or subjects such facilities to EPCRA or PPA if they are
otherwise excluded. However, consistent with section 1-104 below, each
Federal agency shall include the releases and transfers from all such
facilities when meeting all of the Federal agency's responsibilities under
this order.
1-104. To facilitate compliance with this order, each Federal agency shall
provide, in all future contracts between the agency and its relevant
contractors, for the contractor to supply to the Federal agency all
information the Federal agency deems necessary for it to comply with this
order. In addition, to the extent that compliance with this order is made
more difficult due to lack of information from existing contractors,
Federal agencies shall take practical steps to obtain the information
needed to comply with this order from such contractors.
Sec. 2-2. Definitions.
2-201. All definitions found in EPCRA and PPA and implementing regulations
are incorporated in this order by reference, with the following exception:
for the purposes of this order, the term "person", as defined in section
329(7) of EPCRA, also includes Federal agencies.
2-202. Federal 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.
2-203. Pollution Prevention means "source reduction," as defined in the
PPA, 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. {pg 41983}
2-204. GOCO means a Government-owned/contractor-operated facility which is
owned by the Federal Government but all or portions of which are operated
by private contractors.
2-205. Administrator means the Administrator of the EPA.
2-206. Toxic Chemical means a substance on the list described in section
313(c) of EPCRA.
2-207. Toxic Pollutants. For the purposes of section 3-302(a) of this
order, the term "toxic pollutants" shall include, but is not necessarily
limited to, those chemicals at a Federal facility subject to the provisions
of section 313 of EPCRA as of December 1, 1993. Federal agencies also may
choose to include releases and transfers of other chemicals, such as
"extremely hazardous chemicals" as defined in section 329(3) of EPCRA,
hazardous wastes as defined under the Resource Conservation and Recovery
Act of 1976 (42 U.S.C. 6901-6986) (RCRA), or hazardous air pollutants under
the Clean Air Act Amendments (42 U.S.C. 7403- 7626); however, for the
purposes of establishing the agency's baseline under 3-302(c), such "other
chemicals" are in addition to (not instead of) the section 313 chemicals.
The term "toxic pollutants" does not include hazardous waste subject to
remedial action generated prior to the date of this order.
Sec. 3-3. Implementation.
3-301. Federal Agency Strategy. Within 12 months of the date of this order,
the head of each Federal agency must develop a written pollution prevention
strategy to achieve the requirements specified in sections 3-302 through
3-305 of this order for that agency. A copy thereof shall be provided to
the Administrator. Federal agencies are encouraged to involve the public in
developing the required strategies under this order and in monitoring their
subsequent progress in meeting the requirements of this order. The strategy
shall include, but shall not be limited to, the following elements:
(a) A pollution prevention policy statement, developed by each Federal
agency, designating principal responsibilities for development,
implementation, and evaluation of the strategy. The statement shall reflect
the Federal agency's commitment to incorporate pollution prevention through
source reduction in facility management and acquisition, and it shall
identify an individual responsible for coordinating the Federal agency's
efforts in this area.
(b) A commitment to utilize pollution prevention through source
reduction, where practicable, as the primary means of achieving and
maintaining compliance with all applicable Federal, State, and local
environmental requirements.
3-302. Toxic Chemical Reduction Goals. (a) The head of each Federal agency
subject to this order shall ensure that the agency develops voluntary goals
to reduce the agency's total releases of toxic chemicals to the environment
and off-site transfers of such toxic chemicals for treatment and disposal
from facilities covered by this order by 50 percent by December 31, 1999.
To the maximum extent practicable, such reductions shall be achieved by
implementation of source reduction practices.
(b) The baseline for measuring reductions for purposes of achieving the
50 percent reduction goal for each Federal agency shall be the first year
in which releases of toxic chemicals to the environment and off-site
transfers of such chemicals for treatment and disposal are publicly
reported. The baseline amount as to which the 50 percent reduction goal
applies shall be the aggregate amount of toxic chemicals reported in the
baseline year for all of that Federal agency's facilities meeting the
threshold applicability requirements set forth in section 1-102 of this
order. In no event shall the baseline be later than the 1994 reporting
year.
(c) Alternatively, a Federal agency may choose to achieve a 50 percent
reduction goal for toxic pollutants. In such event, the Federal agency
shall delineate the scope of its reduction program in the written pollution
prevention strategy that is required by section 3-301 of this order. The
baseline {pg 41984} for measuring reductions for purposes of achieving the
50 percent reduction requirement for each Federal agency shall be the first
year in which releases of toxic pollutants to the environment and off-site
transfers of such chemicals for treatment and disposal are publicly
reported for each of that Federal agency's facilities encompassed by
section 3-301. In no event shall the baseline year be later than the 1994
reporting year. The baseline amount as to which the 50 percent reduction
goal applies shall be the aggregate amount of toxic pollutants reported by
the agency in the baseline year. For any toxic pollutants included by the
agency in determining its baseline under this section, in addition to toxic
chemicals under EPCRA, the agency shall report on such toxic pollutants
annually under the provisions of section 3-304 of this order, if
practicable, or through an agency report that is made available to the
public.
(d) The head of each Federal agency shall ensure that each of its
covered facilities develops a written pollution prevention plan no later
than the end of 1995, which sets forth the facility's contribution to the
goal established in section 3-302(a) of this order. Federal agencies shall
conduct assessments of their facilities as necessary to ensure development
of such plans and of the facilities' pollution prevention programs.
3-303. Acquisition and Procurement Goals. (a) Each Federal agency shall
establish a plan and goals for eliminating or reducing the unnecessary
acquisition by that agency of products containing extremely hazardous
substances or toxic chemicals. Similarly, each Federal agency shall
establish a plan and goal for voluntarily reducing its own manufacturing,
processing, and use of extremely hazardous substances and toxic chemicals.
Priorities shall be developed by Federal agencies, in coordination with
EPA, for implementing this section.
(b) Within 24 months of the date of this order, the Department of
Defense (DOD) and the General Services Administration (GSA), and other
agencies, as appropriate, shall review their agency's standardized
documents, including specifications and standards, and identify
opportunities to eliminate or reduce the use by their agency of extremely
hazardous substances and toxic chemicals, consistent with the safety and
reliability requirements of their agency mission. The EPA shall assist
agencies in meeting the requirements of this section, including identifying
substitutes and setting priorities for these reviews. By 1999, DOD, GSA and
other affected agencies shall make all appropriate revisions to these
specifications and standards.
(c) Any revisions to the Federal Acquisition Regulation (FAR) necessary
to implement this order shall be made within 24 months of the date of this
order.
(d) Federal agencies are encouraged to develop and test innovative
pollution prevention technologies at their facilities in order to encourage
the development of strong markets for such technologies. Partnerships
should be encouraged between industry, Federal agencies, Government
laboratories, academia, and others to assess and deploy innovative
environmental technologies for domestic use and for markets abroad.
3-304. Toxics Release Inventory/Pollution Prevention Act Reporting. (a) The
head of each Federal agency shall comply with the provisions set forth in
section 313 of EPCRA, section 6607 of PPA, all implementing regulations,
and future amendments to these authorities, in light of applicable guidance
as provided by EPA.
(b) The head of each Federal agency shall comply with these provisions
without regard to the Standard Industrial Classification (SIC) delineations
that apply to the Federal agency's facilities, and such reports shall be
for all releases, transfers, and wastes at such Federal agency's facility
without regard to the SIC code of the activity leading to the release,
transfer, or waste. All other existing statutory or regulatory limitations
or exemptions on the application of EPCRA section 313 shall apply to the
reporting requirements set forth in section 3-304(a) of this order. {pg
41985}
(c) The first year of compliance shall be no later than for the 1994
calendar year, with reports due on or before July 1, 1995.
3-305. Emergency Planning and Community Right-to-Know Reporting
Responsibilities. The head of each Federal agency shall comply with the
provisions set forth in sections 301 through 312 of EPCRA, all implementing
regulations, and future amendments to these authorities, in light of any
applicable guidance as provided by EPA. Effective dates for compliance
shall be: (a) With respect to the provisions of section 302 of EPCRA,
emergency planning notification shall be made no later than 7 months after
the date of this order.
(b) With respect to the provisions of section 303 of EPCRA, all
information necessary for the applicable Local Emergency Planning Committee
(LEPC's) to prepare or revise local Emergency Response Plans shall be
provided no later than 1 year after the date of this order.
(c) To the extent that a facility is required to maintain Material
Safety Data Sheets under any provisions of law or Executive order,
information required under section 311 of EPCRA shall be submitted no later
than 1 year after the date of this order, and the first year of compliance
with section 312 shall be no later than the 1994 calendar year, with
reports due on or before March 1, 1995.
(d) The provisions of section 304 of EPCRA shall be effective beginning
January 1, 1994.
(e) These compliance dates are not intended to delay implementation of
earlier timetables already agreed to by Federal agencies and are
inapplicable to the extent they interfere with those timetables.
Sec. 4-4. Agency Coordination.
4-401. By February 1, 1994, the Administrator shall convene an Interagency
Task Force composed of the Administrator, the Secretaries of Commerce,
Defense, and Energy, the Administrator of General Services, the
Administrator of the Office of Procurement Policy in the Office of
Management and Budget, and such other agency officials as deemed
appropriate based upon lists of potential participants submitted to the
Administrator pursuant to this section by the agency head. Each agency head
may designate other senior agency officials to act in his/her stead, where
appropriate. The Task Force will assist the agency heads in the
implementation of the activities required under this order.
4-402. Federal agencies subject to the requirements of this order shall
submit annual progress reports to the Administrator beginning on October 1,
1995. These reports shall include a description of the progress that the
agency has made in complying with all aspects of this order, including the
pollution reductions requirements. This reporting requirement shall expire
after the report due on October 1, 2001.
4-403. Technical Advice. Upon request and to the extent practicable, the
Administrator shall provide technical advice and assistance to Federal
agencies in order to foster full compliance with this order. In addition,
to the extent practicable, all Federal agencies subject to this order shall
provide technical assistance, if requested, to LEPC's in their development
of emergency response plans and in fulfillment of their community
right-to-know and risk reduction responsibilities.
4-404. Federal agencies shall place high priority on obtaining funding and
resources needed for implementing all aspects of this order, including the
pollution prevention strategies, plans, and assessments required by this
order, by identifying, requesting, and allocating funds through line-item
or direct funding requests. Federal agencies shall make such requests as
required in the Federal Agency Pollution Prevention and Abatement Planning
Process and through agency budget requests as outlined in Office of
Management and Budget (OMB) Circulars A-106 and A-11, respectively. Federal
agencies should apply, to the maximum extent practicable, a life cycle
analysis and {pg 41986} total cost accounting principles to all projects
needed to meet the requirements of this order.
4-405. Federal Government Environmental Challenge Program. The
Administrator shall establish a "Federal Government Environmental Challenge
Program" to recognize outstanding environmental management performance in
Federal agencies and facilities. The program shall consist of two
components that challenge Federal agencies; (a) to agree to a code of
environmental principles to be developed by EPA, in cooperation with other
agencies, that emphasizes pollution prevention, sustainable development and
state-of-the-art environmental management programs, and (b) to submit
applications to EPA for individual Federal agency facilities for
recognition as "Model Installations." The program shall also include a
means for recognizing individual Federal employees who demonstrate
outstanding leadership in pollution prevention.
Sec. 5-5. Compliance.
5-501. By December 31, 1993, the head of each Federal agency shall provide
the Administrator with a preliminary list of facilities that potentially
meet the requirements for reporting under the threshold provisions of
EPCRA, PPA, and this order.
5-502. The head of each Federal agency is responsible for ensuring that
such agency take all necessary actions to prevent pollution in accordance
with this order, and for that agency's compliance with the provisions of
EPCRA and PPA. Compliance with EPCRA and PPA means compliance with the same
substantive, procedural, and other statutory and regulatory requirements
that would apply to a private person. Nothing in this order shall be
construed as making the provisions of sections 325 and 326 of EPCRA
applicable to any Federal agency or facility, except to the extent that
such Federal agency or facility would independently be subject to such
provisions. EPA shall consult with Federal agencies, if requested, to
determine the applicability of this order to particular agency facilities.
5-503. Each Federal agency subject to this order shall conduct internal
reviews and audits, and take such other steps, as may be necessary to
monitor compliance with sections 3-304 and 3-305 of this order.
5-504. The Administrator, in consultation with the heads of Federal
agencies, may conduct such reviews and inspections as may be necessary to
monitor compliance with sections 3-304 and 3-305 of this order. Except as
excluded under section 6-601 of this order, all Federal agencies are
encouraged to cooperate fully with the efforts of the Administrator to
ensure compliance with sections 3-304 and 3-305 of this order.
5-505. Federal agencies are further encouraged to comply with all state and
local right-to-know and pollution prevention requirements to the extent
that compliance with such laws and requirements is not otherwise already
mandated.
5-506. Whenever the Administrator notifies a Federal agency that it is not
in compliance with an applicable provision of this order, the Federal
agency shall achieve compliance as promptly as is practicable.
5-507. The EPA shall report annually to the President on Federal agency
compliance with the provisions of section 3-304 of this order.
5-508. To the extent permitted by law and unless such documentation is
withheld pursuant to section 6-601 of this order, the public shall be
afforded ready access to all strategies, plans, and reports required to be
prepared by Federal agencies under this order by the agency preparing the
strategy, plan, or report. When the reports are submitted to EPA, EPA shall
compile the strategies, plans, and reports and make them publicly available
as well. Federal agencies are encouraged to provide such strategies, plans,
and reports to the State and local authorities where their facilities are
located for an additional point of access to the public. {pg 41987}
Sec. 6-6. Exemption.
6-601. In the interest of national security, the head of a Federal agency
may request from the President an exemption from complying with the
provisions of any or all aspects of this order for particular Federal
agency facilities, provided that the procedures set forth in section
120(j)(1) of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended (42 U.S.C. 9620(j)(1)), are followed. To
the maximum extent practicable, and without compromising national security,
all Federal agencies shall strive to comply with the purposes, goals, and
implementation steps set forth in this order.
Sec. 7-7. General Provisions.
7-701. Nothing in this order shall create any right or benefit, substantive
or procedural, enforceable by a party against the United States, its
agencies or instrumentalities, its officers or employees, or any other
person.
WILLIAM J. CLINTON
THE WHITE HOUSE,
August 3, 1993.
INTERNAL DATA: FR Doc. 93-19069; Filed 8-4-93; 4:37 pm;
======================================================================
Title 3-The President Presidential Determination No. 93-31 of July 14, 1993
Military Sales of Depleted Uranium Ammunition
Vol. 58, No. 143
58 FR 40307
Wednesday, July 28, 1993
AGENCY: PRESIDENT OF THE UNITED STATES
DOC TYPE: *Presidential Documents*
ACTION: Memorandum for the Secretary of State and the Secretary of Defense
WORD COUNT: 137
TEXT:
Pursuant to the authority vested in me by Section 551 of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act, 1993
(Public Law No. 102-391), I hereby determine that, notwithstanding the
limitations of that section of law, it is in the national security interest
of the United States to allow funds provided in the above-mentioned or any
other Act to be made available to facilitate the sale of M-829 depleted
uranium antitank ammunition to Sweden.
You are hereby authorized and directed to transmit this determination to
Congress and to arrange for its publication in the Federal Register.
WILLIAM J. CLINTON
THE WHITE HOUSE,
Washington, July 14, 1993.
INTERNAL DATA: FR Doc. 93-18141; Filed 7-26-93; 2:28 pm;
======================================================================
Title 3-The President Proclamation 6581 of July 22, 1993 National Veterans
Golden Age Games Week, 1993 By the President of the United States of
America
Vol. 58, No. 142
58 FR 40031
Tuesday, July 27, 1993
AGENCY: PRESIDENT OF THE UNITED STATES
DOC TYPE: *Presidential Documents*
ACTION: A Proclamation
WORD COUNT: 459
TEXT:
Today, as many veterans reach their senior years, they are discovering the
benefits of physical fitness and recreational activity. In Department of
Veterans Affairs (VA) medical facilities, recreation has become an
established part of the rehabilitation process. VA experience and research
show that sports and competitive involvement can be enriching because of
their physical benefits and because of their role in enhancing social,
emotional, and psychological well-being.
Recognizing the need to establish meaningful activities for a rapidly
growing number of aging veterans, the VA established the National Veterans
Golden Age Games in 1983. Since then, numerous veterans have boosted their
health and aided their rehabilitation through participation in this
showcase program. These competitors remind us of the value of continued
physical activity throughout a person's life and the physical goals and
fulfillment we can achieve, regardless of age. These games demonstrate that
age is no barrier to living life to its fullest.
The 7th National Veterans Golden Age Games, being held at Mountain Home VA
Medical Center in Johnson City, Tennessee, offers a multi-event program of
recreational competition for veterans, aged 55 and over, who are currently
receiving VA medical care. Veterans whose military service covers the span
of American history from World War I to Vietnam will participate.
The Congress, by House Joint Resolution 190, has designated July 17, 1993,
through July 23, 1993, as "National Veterans Golden Age Games Week" and has
authorized and requested the President to issue a proclamation in its
observance.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, do hereby proclaim July 17 through July 23, 1993, as National
Veterans Golden Age Games Week. I urge all Americans to observe the week by
remembering our hospitalized older veterans as they struggle to overcome
infirmity and disability and to renew their own commitment to personal
well-being through healthy recreational activity.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-second day of
July, in the year of our Lord nineteen hundred and ninety-three, and of the
Independence of the United States of America the two hundred and
eighteenth.
WILLIAM J. CLINTON
INTERNAL DATA: FR Doc. 93-18030; Filed 7-23-93; 2:27 pm;
======================================================================
Title 3-The President Executive Order 12855 of July 19, 1993
Vol. 58, No. 138
Part IV
58 FR 39107
Wednesday, July 21, 1993
AGENCY: PRESIDENT OF THE UNITED STATES
DOC TYPE: *Presidential Documents*
ACTION: Amendment to Executive Order No. 12852
WORD COUNT: 150
TEXT:
By the authority vested in me as President by the Constitution and the laws
of the United States of America, including section 301 of title 3, United
States Code, and in order to amend Executive Order No. 12852, it is hereby
ordered that Executive Order No. 12852 is amended by deleting the text of
Section 3(d) of that order and inserting in lieu thereof the following
text: "The Department of the Interior shall, on a reimbursable basis,
provide such administrative services for the Council as may be required"
and by deleting the words "Office of Administration in the Executive Office
of the President" in Section 4 of that order and inserting the "Department
of the Interior" in lieu thereof.
WILLIAM J. CLINTON
THE WHITE HOUSE,
July 19, 1993.
INTERNAL DATA: FR Doc. 93-17557; Filed 7-20-93; 11:39 am;
======================================================================
Notice of July 20, 1993 Continuation of Iraqi Emergency
Vol. 58, No. 138
Part IV
58 FR 39111
Wednesday, July 21, 1993
AGENCY: PRESIDENT OF THE UNITED STATES
DOC TYPE: *Presidential Documents*
WORD COUNT: 207
TEXT:
On August 2, 1990, by Executive Order No. 12722, President Bush declared a
national emergency to deal with the unusual and extraordinary threat to the
national security and foreign policy of the United States constituted by
the actions and policies of the Government of Iraq. By Executive Orders
Nos. 12722 of August 2, 1990, and 12724 of August 9, 1990, President Bush
imposed trade sanctions on Iraq and blocked Iraqi government assets.
Because the Government of Iraq has continued its activities hostile to
United States interests in the Middle East, the national emergency declared
on August 2, 1990, and the measures adopted on August 2 and August 9, 1990,
to deal with that emergency must continue in effect beyond August 2, 1993.
Therefore, in accordance with Section 202(d) of the National Emergencies
Act (50 U.S.C. 1622(d)), I am continuing the national emergency with
respect to Iraq.
This notice shall be published in the Federal Register and transmitted to
the Congress.
WILLIAM J. CLINTON
THE WHITE HOUSE,
July 20, 1993.
INTERNAL DATA: FR Doc. 93-17565; Filed 7-20-93; 12:05 pm;
======================================================================
Title 3-The President Proclamation 6575 of June 25, 1993 To Modify
Duty-Free Treatment Under the Generalized System of Preferences and for
Other Purposes By the President of the United States of America
Vol. 58, No. 123
Part III
58 FR 34855
Tuesday, June 29, 1993
AGENCY: PRESIDENT OF THE UNITED STATES
DOC TYPE: *Presidential Documents*
ACTION: A Proclamation
WORD COUNT: 3,356
TEXT:
1. Pursuant to title V of the Trade Act of 1974, as amended ("1974 Act")
(19 U.S.C. 2461 et seq.), the President may designate specified articles
provided for in the Harmonized Tariff Schedule of the United States ("HTS")
as eligible for preferential tariff treatment under the Generalized System
of Preferences ("GSP") when imported from designated beneficiary developing
countries.
2. Pursuant to section 504(c) of the 1974 Act (19 U.S.C. 2464(c)),
beneficiary developing countries, except those designated as least-
developed beneficiary developing countries pursuant to section 504(c)(6) of
the 1974 Act, are subject to limitations on the preferential treatment
afforded under the GSP. Pursuant to section 504(c)(5) of the 1974 Act, a
country that is no longer treated as a beneficiary developing country with
respect to an eligible article may be redesignated as a beneficiary
developing country with respect to such article if imports of such article
from such country did not exceed the limitations in section 504(c)(1)
(after application of paragraph (c)(2)) during the preceding calendar year.
Pursuant to section 504(d)(1) of the 1974 Act (19 U.S.C. 2464(d)(1)),
section 504(c)(1)(B) of the 1974 Act shall not apply with respect to any
eligible article if a like or directly competitive article is not produced
in the United States on January 3, 1985. Further, pursuant to section
504(d)(2) of the 1974 Act (19 U.S.C. 2464(d)(2)), the President may
disregard the limitations provided in section 504(c)(1)(B) with respect to
any eligible article if the appraised value of the total imports of such
article into the United States during the preceding calendar year is not in
excess of an amount that bears the same ratio to $5,000,000 as the gross
national product of the United States for that calendar year (as determined
by the Department of Commerce) bears to the gross national product of the
United States for calendar year 1979.
3. Section 502(b)(7) of the 1974 Act (19 U.S.C. 2462(b)(7)) provides that a
country that has not taken or is not taking steps to afford internationally
recognized worker rights, as defined in section 502(a)(4) of the 1974 Act
(19 U.S.C. 2462(a)(4)), is ineligible for designation as a beneficiary
developing country for purposes of the GSP. Pursuant to section 504 of the
1974 Act, the President may withdraw, suspend, or limit the application of
duty-free treatment under the GSP with respect to any article or with
respect to any country upon consideration of the factors set forth in
sections 501 and 502(c) of the 1974 Act (19 U.S.C. 2461 and 2462(c)).
4. Pursuant to sections 501, 503(a), and 504(a) of the 1974 Act (19 U.S.C.
2461, 2463(a), and 2464(a)), in order to subdivide and amend the
nomenclature of existing provisions of the HTS to modify the GSP, I have
determined, after taking into account information and advice received under
section 503(a), that the HTS should be modified to adjust the original
designation of eligible articles. In addition, pursuant to title V of the
1974 Act, I have determined that it is appropriate to designate specified
articles provided for in the HTS as eligible for preferential tariff
treatment under the GSP when imported from designated beneficiary
developing countries, and {pg 34856} that such treatment for other articles
should be terminated. I have also determined, pursuant to sections 504(a),
(c)(1), and (c)(2) of the 1974 Act, that certain beneficiary countries
should no longer receive preferential tariff treatment under the GSP with
respect to certain eligible articles. Further, I have determined, pursuant
to section 504(c)(5) of the 1974 Act, that certain countries should be
redesignated as beneficiary developing countries with respect to certain
eligible articles. These countries have been previously excluded from
benefits of the GSP with respect to such eligible articles pursuant to
section 504(c)(1) of the 1974 Act. Further, pursuant to section 504(d)(1)
of the 1974 Act (19 U.S.C. 2464(d)(1)), I have determined that the
limitation provided for in section 504(c)(1)(B) of the 1974 Act (19 U.S.C.
2464(c)(1)(B)) should not apply with respect to certain eligible articles
because no like or directly competitive article was produced in the United
States on January 3, 1985. Last, I have determined that section
504(c)(1)(B) of the 1974 Act should not apply with respect to certain
eligible articles pursuant to section 504(d)(2) of the 1974 Act.
5. Pursuant to sections 502(b)(7), 502(c)(7), and 504 of the 1974 Act (19
U.S.C. 2462(b)(7), 2462(c)(7), and 2464), I have determined that it is
appropriate to provide for the suspension of preferential treatment under
the GSP for articles that are currently eligible for such treatment and
that are imported from Mauritania. Such suspension is the result of my
determination that Mauritania has not taken and is not taking steps to
afford internationally recognized worker rights, as defined in section
502(a)(4) of the 1974 Act (19 U.S.C. 2462(a)(4)).
6. Pursuant to sections 501 and 502 of the 1974 Act (19 U.S.C. 2461 and
2462), and having due regard for the eligibility criteria set forth
therein, I have determined that it is appropriate to designate Albania as a
beneficiary developing country for purposes of the GSP.
7. Proclamation 6517 of December 23, 1992, withdrew the duty-free treatment
accorded under the GSP, pursuant to title V of the 1974 Trade Act, to
imports of sulfanilic acid, provided for in HTS subheading 2921.42.24.
Proclamation 6544 of April 13, 1993, made further modifications in the HTS
provisions for such goods. Through technical error, the HTS provisions
created in the annexes to such proclamations were not properly structured
and numbered. Therefore, I have decided that it is necessary and
appropriate to modify the HTS to correct these errors.
8. Section 604 of the 1974 Act, as amended (19 U.S.C. 2483), authorizes the
President to embody in the HTS the substance of the relevant provisions of
that Act, and of other Acts affecting import treatment, and actions
thereunder, including the removal, modification, continuance, or imposition
of any rate of duty or other import restriction.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, acting under the authority vested in me by the Constitution and
the laws of the United States of America, including but not limited to
title V and section 604 of the 1974 Act, do proclaim that:
(1) In order to designate certain articles as eligible articles for
purposes of the GSP when imported from designated beneficiary developing
countries, the HTS is modified as provided in Annex I to this proclamation.
(2)(a) In order to designate certain articles as eligible articles for
purposes of the GSP when imported from any designated beneficiary
developing country, the Rates of Duty 1- Special subcolumn for the HTS
subheading enumerated in Annex II(a) to this proclamation is modified by
inserting in the parentheses the symbol "A" as provided in such Annex.
(b) In order to designate certain articles as eligible articles for
purposes of the GSP when imported from any designated beneficiary
developing country excluding India, the Rates of Duty 1-Special subcolumn
for the HTS subheading enumerated in Annex II(b) to this proclamation is
modified by inserting in the parentheses the symbol "A*" as provided in
such Annex. {pg 34857}
(c) In order to restore preferential tariff treatment under the GSP to
a country which has been excluded from the benefits of the GSP for an
eligible article, the Rates of Duty 1-Special subcolumn for each of the HTS
subheadings enumerated in Annex II(c) to this proclamation is modified: (i)
by deleting symbol "A*" in parentheses, and (ii) by inserting in such
subcolumn the symbol "A" in lieu thereof.
(d) In order to provide that one or more countries should no longer be
treated as a beneficiary developing country with respect to an eligible
article for purposes of the GSP, the Rates of Duty 1-Special subcolumn for
each of the HTS provisions enumerated in Annex II(d) to this proclamation
is modified: (i) by deleting the symbol "A" in parentheses, and (ii) by
inserting in such subcolumn the symbol "A*" in lieu thereof.
(3) In order to provide for the suspension of preferential treatment
under the GSP for Mauritania, to provide for the addition of Albania as a
beneficiary developing country under the GSP, to provide that one or more
countries that have not been treated as beneficiary developing countries
with respect to an eligible article should be redesignated as beneficiary
developing countries with respect to such article for purposes of the GSP,
and to provide that one or more countries should no longer be treated as
beneficiary developing countries with respect to an eligible article for
purposes of the GSP, general note 3(c)(ii) to the HTS is modified as
provided in Annex III to this proclamation.
(4) In order to ensure the withdrawal of GSP treatment from imports of
sulfanilic acid and to correct technical errors in certain HTS provisions,
as created in the Annex to Proclamation 6517 and modified in Annex II to
Proclamation 6544, such annexes are hereby superseded, and the HTS is
modified as set forth in Annex IV to this proclamation.
(5) Any provisions of previous proclamations and Executive orders
inconsistent with the provisions of this proclamation are hereby superseded
to the extent of such inconsistency.
(6)(a) The modifications made by Annexes I, II, and III(a) to this
proclamation shall be effective with respect to articles both: (i) imported
on or after January 1, 1976, and (ii) entered, or withdrawn from warehouse
for consumption, on or after July 1, 1993.
(b) The modification made by Annex III(b) to this proclamation shall be
effective with respect to articles both: (i) imported on or after January
1, 1976, and (ii) entered, or withdrawn from warehouse for consumption, on
or after 60 days after the date of publication of this proclamation in the
Federal Register.
(c) The modifications made by Annex IV to this proclamation shall be
effective with respect to articles both: (i) imported on or after January
1, 1976, and (ii) entered, or withdrawn from warehouse for consumption, on
or after January 12, 1993.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fifth day of
June, in the year of our Lord nineteen hundred and ninety-three, and of the
Independence of the United States of America the two hundred and
seventeenth.
WILLIAM J. CLINTON
Annex I
Modifications to the HTS
The HTS is modified as provided below, with bracketed matter included to
assist in the understanding of proclaimed modifications. The following
supersedes matter in the HTS. The subheadings and superior text are set
forth in columnar format, and material in such columns is inserted in the
columns of the HTS designated "Heading/Subheading", "Article Description",
"Rates of Duty 1-General", "Rates of Duty 1-Special", and "Rates of Duty
2", respectively.
Effective with respect to articles both: (i) imported on or after January
1, 1976, and (ii) entered, or withdrawn from warehouse for consumption, on
or after July 1, 1993.
1. Subheading 4418.20.00 is superseded by:
Builders' joinery . . .
"4418.20 Doors and their frames
and thresholds:
4418.20.40 French doors 7.5% Free (A*, 33
CA, E, IL, 1/3%
J)
4418.20.80 Other 7.5% Free 33
A,CA,E, 1/3%"
IL, J)
2. Subheading 8521.10.00 is superseded by:
Video recording . . .:
"8521.10 Color, cartridge or
cassette type:
8521.10.30 Not capable of 3.9% Free (A, 35%
recording C, CA, E,
IL, J)
8521.10.60 Other 3.9% Free (A*, 35%
C, CA, E,
IL, J)
8521.10.90 Other 3.9% Free (A, 35%"
C, CA, E,
IL, J)
Annex II
Modification in the HTS of an Article's Preferential Tariff Treatment under
the GSP Effective with respect to articles both: (i) imported on or after
January 1, 1976, and (ii) entered, or withdrawn from warehouse for
consumption, on or after July 1, 1993.
(a) For HTS subheading 7202.50.00, in the Rates of Duty 1- Special
subcolumn, insert in the parentheses following the "Free" rate the symbol
"A," in alphabetical order.
(b) For HTS subheading 2902.60.00, in the Rates of Duty 1-Special
subcolumn, insert in the parentheses following the "Free" rate the symbol
"A*," in alphabetical order.
(c) For HTS subheadings 4008.19.10, 8112.91.50 and 8527.11.60, in the Rates
of Duty 1-Special subcolumn, delete the symbol "A*" and insert an "A" in
lieu thereof.
(d) For the following HTS provisions, in the Rates of Duty 1-Special
subcolumn, delete the symbol "A" and insert an "A*" in lieu thereof:
0709.90.05 7008.00.00 8481.80.90 8548.00.00
0710.80.70 7320.10.30 8516.80.80 8716.39.00
1604.16.10 8402.20.00 8527.31.40 9006.99.00
4412.11.10 8408.20.90 8536.61.00 9405.50.30
4804.31.60 8471.92.40 8542.80.00
Annex III
Modifications to General Note 3(c)(ii) of the HTS
(a) Effective with respect to articles both: (i) imported on or after
January 1, 1976, and (ii) entered, or withdrawn from warehouse for
consumption, on or after July 1, 1993.
(1) General note 3(c)(ii)(A) is modified by inserting "Albania" in
alphabetical order in the enumeration of independent countries.
(2) General note 3(c)(ii)(D) is modified:
(i) by deleting the following HTS subheading and the country set opposite
such subheading:
4008.19.10 Malaysia
8112.91.50 Chile
8521.10.00 Malaysia; Thailand
8527.11.60 Malaysia {pg 34859}
(ii) by adding in numerical sequence, the following HTS provisions and
countries set opposite them:
0709.90.05 Mexico
0710.80.70 Guatemala
1604.16.10 Morocco
2902.60.00 India
4412.11.10 Indonesia
4418.20.40 Malaysia
4804.31.60 Mexico
7008.00.00 Mexico
7320.10.30 Mexico
8402.20.00 Philippines
8408.20.90 Brazil
8471.92.40 Malaysia
8481.80.90 Mexico
8516.80.80 Mexico
8521.10.60 Indonesia; Thailand
8527.31.40 Malaysia
8536.61.00 Mexico
8542.80.00 Malaysia
8548.00.00 Mexico
8716.39.00 Mexico
9006.99.00 Mexico
9405.50.30 India
(iii) by adding, in alphabetical order, the following countries opposite
the following HTS provisions:
2603.00.00 Indonesia
2915.39.50 Mexico
2917.35.00 Mexico
2918.90.30 Mexico
3402.20.10 Mexico
4104.22.00 Brazil
7113.19.50 India
(b) Effective with respect to articles both: (i) imported on or after
January 1, 1976, and (ii) entered, or withdrawn from warehouse for
consumption, on or after 60 days after the date of publication of this
Proclamation in the Federal Register.
(1) General note 3(c)(ii)(A) is modified by deleting "Mauritania" from the
enumeration of independent countries.
(2) General note 3(c)(ii)(B) is modified by deleting "Mauritania" from the
enumeration of countries.
Annex IV
Effective with respect to articles both: (i) imported on or after January
1, 1976 and (ii) entered, or withdrawn from warehouse for consumption, on
or after January 12, 1993.
1. The HTS is modified as provided below, with bracketed matter included to
assist in the understanding of proclaimed modifications. The following
supersedes matter in the HTS. The subheadings and superior text are set
forth in columnar format, and material in such columns is inserted in the
columns of the HTS designated "Heading/Subheading", "Article Description",
"Rates of Duty 1-General", "Rates of Duty 1-Special", and "Rates of Duty
2", respectively.
Subheading 2921.42.24 is deleted and the following new subheadings inserted
in numerical sequence: {pg 34860}
Amine-function compounds:
Aromatic monoamines . . .:
Aniline derivatives . . .:
"2921.42.21 Metanilic acid 2.4/kg + 18.8%
Free (A*, CA, E, Il, 15.4/kg + 60%
J)
2921.42.22 Sulfanilic acid 2.4/kg + 18.8%
Free (CA, E, IL, J) 15.4/kg + 60%"
Conforming change: General note 3(c)(ii)(D) to the HTS is modified by
deleting "2921.42.24 India" and inserting, in numerical sequence,
"2921.42.21 India" in lieu thereof.
INTERNAL DATA: FR Doc. 93-15498; Filed 6-25-93; 4:53 pm;
|
|
Disclaimer: The file contained in the
box above or displayed in a separate window from a link in the
box above is NOT owned nor implied to
be owned by BeYoND THe iLLuSioN. Most files at BeYoND THe
iLLuSioN are originally from public Bulletin Board Systems
(BBS) which were popular in the days before the Internet or
from gopher, web, and FTP sites from the early days of the
Internet which no longer exist today. Essentially, all files
were acquired from the public domain in one for or another.
However, there have been occasions when copyright protected
material has appeared on BeYoND THe iLLuSIoN without permission
of the copyright holder. In these instances, we have and will
continue to remove the copyright protected file as soon as it
is brought to our attention. This can now be done using our Report Copyright Material form. Fill
out the form, and the webmaster will be notified of the
situation.
There are also times when files found on BeYoND THe iLLuSioN
have a real home somewhere else on the Internet. In these
instances, we will gladly replace the file with a link to its
true home whenever it is brought to our attention. If you know
of the true home of any of these files, you can use our Report Original URL form to bring it yo our
attention.
|
