52.223-5 Pollution Prevention and Right-to-Know Information
Source: FAR 52.223-5 on acquisition.gov
Contractors must provide all necessary chemical and pollution-related information to federal facilities to ensure compliance with federal environmental reporting laws.
Overview
FAR 52.223-5 requires contractors working at or for federal facilities to support the government's compliance with the Emergency Planning and Community Right-to-Know Act (EPCRA) and the Pollution Prevention Act (PPA). Contractors must provide all necessary information to federal facilities to ensure proper reporting and disclosure of hazardous chemicals, toxic chemical releases, and pollution prevention activities. This includes supplying data for emergency planning, emergency notices, Material Safety Data Sheets (MSDS), hazardous chemical inventories, and toxic chemical release inventories. The clause ensures that federal facilities can meet their legal obligations for environmental transparency and pollution prevention.
Key Rules
- Definition of Toxic Chemical
- "Toxic chemical" is defined as any chemical or category listed in 40 CFR 372.65.
- Federal Facility Compliance
- Federal facilities must comply with EPCRA and PPA requirements.
- Contractor Information Provision
- Contractors must provide all information needed for the federal facility to fulfill EPCRA Sections 302, 304, 311, 312, and 313, as well as PPA Section 6607 reporting obligations.
Responsibilities
- Contracting Officers: Ensure this clause is included in applicable contracts and verify contractor compliance.
- Contractors: Collect and submit all required information related to hazardous and toxic chemicals to the federal facility.
- Agencies: Oversee compliance and reporting to regulatory authorities.
Practical Implications
- This clause exists to ensure federal facilities can meet environmental reporting and pollution prevention requirements.
- Contractors must be diligent in tracking and reporting chemical usage and releases.
- Failure to provide accurate information can result in non-compliance for both the contractor and the federal facility.
As prescribed in 23.406(a), insert the following clause:
Pollution Prevention and Right-to-Know Information (May 2024)
(a) Definitions. As used in this clause-
Toxic chemical means a chemical or chemical category listed in https://www.ecfr.gov/current/title-40/section-372.65" target="_blank">40 CFR 372.65.
(b) Federal facilities are required to comply with the provisions of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) (http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11001&num=0&edition=prelim" target="_blank">42 U.S.C. 11001-11050), and the Pollution Prevention Act of 1990 (PPA) (http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section13101&num=0&edition=prelim" target="_blank">42 U.S.C. 13101-13109).
(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.
(End of clause)