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EO 13101Executive OrderClinton · D Quiet signal

Executive Order 13101

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

This executive order directs federal agencies to incorporate waste prevention, recycling, and environmentally preferable purchasing into their operations and procurement. It establishes new governance structures including a Federal Environmental Executive, Agency Environmental Executives, and a Steering Committee, while setting specific deadlines for affirmative procurement programs, strategic planning, and recycled content standards for paper and other products.

Federal Register Open PDF 63 FR 49643

Impact dates

  1. EPA Federal facility compliance guidance due

  2. GSA brightness specification review completion

  3. Government-wide Strategic Plan due

  4. USDA Biobased Products List due

  5. Agency waste prevention/recycling goals due

  6. FEE/OFPP training curriculum evaluation due

  7. FAR incorporation of EPA guidance (180 days after guidance issuance)

  8. Prohibition on purchasing non-compliant printing and writing paper

  9. 30% postconsumer content standard for specified paper types effective

  10. Agency Environmental Executive designations due

  11. Affirmative procurement programs established for agencies without them

  12. EPA guidance on environmentally preferable purchasing

  13. Compliance with leased space provisions

Key directives

  • Designate Agency Environmental Executives within 90 days (Sec. 301(d))
  • Develop Government-wide Waste Prevention and Recycling Strategic Plan within 180 days (Sec. 302(a)(1))
  • Establish affirmative procurement programs within 90 days if not already implemented (Sec. 402(d))
  • EPA prepare Federal facility compliance guidance within 6 months (Sec. 403(a))
  • EPA develop environmentally preferable purchasing guidance within 90 days (Sec. 503(a))
  • USDA publish Biobased Products List within 180 days, update biannually (Sec. 504(a))
  • 30% postconsumer content standard for specified paper types effective December 31, 1998 (Sec. 505(a))
  • Prohibition on non-compliant paper purchases effective January 1, 1999 (Sec. 505(c))
  • GSA complete brightness specification review within 6 months (Sec. 506)
  • Agency goals for 2000, 2005, 2010 due within 180 days (Sec. 601(a)(1))
  • FEE/OFPP evaluate training curriculum within 180 days (Sec. 801(a))
  • Incorporate EPA guidance into FAR within 180 days after guidance issuance (Sec. 903)

Who is ordered

Timeline

Immediate

  • Agency Environmental Executive designations due within 90 days
  • Affirmative procurement programs established within 90 days for agencies without them
  • EPA guidance on environmentally preferable purchasing within 90 days
  • Compliance with leased space requirements within 90 days
  • GSA review of brightness specifications within 6 months
  • Printing and writing paper standards effective December 31, 1998
  • Paper purchase restrictions effective January 1, 1999

Near term (90d)

  • Government-wide Strategic Plan due within 180 days
  • USDA Biobased Products List due within 180 days
  • Agency waste prevention/recycling goals due within 180 days
  • FEE/OFPP training curriculum evaluation within 180 days

Long term

  • Agency solid waste goals for 2000, 2005, and 2010
  • Biennial reports to President ongoing
  • CPG updates every 2 years
  • USDA Biobased Products List updates biannually
  • EPA environmentally preferable purchasing guidance updates every 2 years
  • FAR incorporation within 180 days after EPA guidance issuance

Risks & tensions

  • Vague 'to the maximum extent practicable' language throughout may weaken enforcement
  • Written justification loopholes for non-compliant purchases create compliance uncertainty
  • Micropurchase threshold exemption reduces coverage for small acquisitions
  • Biennial reporting and 2-year update cycles may create implementation lag
  • Coordination burden across EPA, USDA, GSA, OFPP, CEQ risks interagency friction
  • Paper content standards with fallback to 20% if 30% unavailable may dilute environmental goals
  • State-dependent alternative standard in Sec. 505(b) creates uneven implementation
Executive Order 13101: Greening the Government Through Waste Prevention, Recycling, and Federal Acquisition · Executive Orders