Executive Order Concerning Environmental Pollution From Federal Facilities
On December 17, 1973, President Nixon issued Executive Order 117521 concerning the prevention, control, and abatement of environmental pollution at federal facilities. The Order supersedes Executive Order No. 11507,2 which was issued February 4, 1970, and dealt only with standards adopted pursuant to the Clean Air Act and the Federal Water Pollution Control Act. Executive Order No. 11752 directs all federal agency heads to ensure that all facilities under their jurisdiction are designed, constructed, managed, operated, and maintained so as to conform to the following requirements: air quality standards and emissions limitations under the Clean Air Act; water quality standards and effluent limitations under the Federal Water Pollution Control Act (FWPCA); ocean-dumping regulations pursuant to the Marine Protection, Research, and Sanctuaries Act of 1972 and the FWPCA; guidelines for solid waste recovery and disposal systems under the Solid Waste Disposal Act; noise emissions standards under the Noise Control Act of 1972; radiation standards under the Atomic Energy Act; and pesticide regulations pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act and the Federal Environmental Pesticide Control Act of 1972. The new executive order thus updates the regulatory framework to conform to the present administrative and legislative structure without presenting any substantive change in executive environmental policy.
Under the terms of the order, agency heads are to present to the Director of the Office of Management and Budget (OMB) an annual plan for improvements necessary to bring existing facilities into compliance with the Order, and to include in all budget requests for construction of new facilities or for modifications of existing facilities funds for measures necessary for compliance. The environmental impact of each new facility or modification to an existing one must be considered in accordance with the requirements of NEPA. In addition, agency heads are to ensure that any funds appropriated for pollution control are not used for any other purpose unless permitted by law and specifically approved by OMB. Where activities are carried out at federal facilities that are leased to nonfederal parties, the appropriate agency head may require the lessee to accept full responsibility for complying with the standards listed in the Order.