350 



requirements or this section. 



(C) The establishment of requirements that operators 

 of Federal pollution control facilities meet levels of pro- 

 ficiency consistent with the operator certification re- 

 quirements of the State in which the facility is located. 

 In the absence of such State requirements the respective 

 Secretary may Issue guidelines, pertaining to operator 

 qualifications and performance, for the use of heads of 

 agencies. 



(4) The use, storage, and handling of all materials, In- 

 cluding but not limited to. solid fuels, ashes, petroleum 

 products, and other chemical and biological agents, shall 

 be carried out so as to avoid or minimize the possibilities 

 for water and air pollution. When appropriate, preven- 

 tive measure shall be taken to entrap spillage or dis- 

 charge or otherwise to prevent accidental pollution. Each 

 agency, in consultation with the respective Secretary, 

 shall establish appropriate emergency plans and proce- 

 dures for dealing with accidental pollution. 



(5) No waste shall be disposed of or discharged in such 

 a manner as could result in the pollution of ground water 

 which would endanger the health or welfare of the pub- 

 lic. 



(6) Discharges of radioactivity shall be in accordance 

 with the applicable rules, regulations, or requirements of 

 the Atomic Energy Commission and with the policies 

 and guidance of the Federal Radiation Council as pub- 

 lished in the Federal Register. 



(b) In those cases where there are no air or water 

 quality standards as defined in section 2(d) of this order 

 In force for a particular geographic area or in those 

 cases where more stringent requirements are deemed ad- 

 visable for Federal facilities, the respective Secretary, in 

 consultation with appropriate Federal, State, interstate, 

 and local agencies, may issue regulations establishing air 

 or water quality standards for the purpose of this order, 

 including related schedules for implementation. 



(o) The heads of agencies, in consultation with the 

 respective Secretary, may from time to time Identity fa- 

 cilities or uses thereof which are to be exempted, includ- 

 ing temporary relief from provisions of this order In the 

 Interest of national security or In extraordinary cases 

 where it is In the national Interest. Such exemptions shall 

 be reviewed periodically by the respective Secretary and 

 the heads of the agencies concerned. A report on exemp- 

 tions granted shall be submitted to the Council on En- 

 vironmental Quality periodically. 



Sec. 5. Procedures for abatement of air and water pol- 

 lution at existing Federal facilities, (a) Actions neces- 

 sary to meet the requirements of subsections (a) (1) and 

 (b) of section 4 of this order pertaining to air and water 

 pollution at existing facilities are to be completed or 

 under way no later than December 31. 1972. In cases 

 where an enforcement conference called pursuant to law 

 or air and water quality standards require earlier ac- 

 tions, the earlier date shall be applicable. 



(b) In order to ensure full compliance with the require- 

 ments of section 5(a) and to facilitate budgeting for 

 necessary corrective and preventive measures, heads of 

 agencies shall present to the Director of the Bureau of 

 the Budget |now the Director of the Office of Manage- 

 ment and Budget] by June 30, 1970, a plan to provide for 

 such Improvements as may be necessary to meet the re- 

 quired date. Subsequent revisions needed to keep any 

 such plan up-to-date shall be promptly submitted to the 

 Director of the Bureau of the Budget [now the Director 

 of the Office of Management and Budget) . 



(c) Heads of agencies shall notify the respective Secre- 

 tary as to the performance specifications proposed for 

 each facility to meet the requirements of subsections 4 

 (a) (1) and (b) of this order. Where the respective Secre- 

 tary finds that such performance specifications are not 

 adequate to meet such requirements, he shall consult with 

 the agency head and the latter shall thereupon develop 

 adequate performance specifications. 



(d) As may be found necessary, heads of agencies may 

 submit requests to the EHrector of the Bureau of the 

 Budget (now the Director of the Office of Mansigement 

 and Budget | for extensions of time for a project beyond 

 the time specified In section 5(a) The Director. In con- 

 sultation with the respective Secretary, may approve such 

 requests If the EMrector deems that such project Is not 

 technically feasible or immediately necessary to meet the 

 requirements of subsections 4 (a) and (b). Pull Justi- 

 fication as to the extraordinary circumstances necessi- 

 tating any such extension shall be required. 



(e) Heads of agencies shall not use for any other pur- 

 pose any of the amounts appropriated and apportioned 

 for corrective and preventive measures necessary to meet 

 the requirements of subsection (a) for the fiscal year 

 ending June 30. 1971, and for any subsequent fiscal year. 



Sec. 6. Procedures for new Federal facilities, (a) Heads 

 of agencies shall ensure that the requirements of section 

 4 of this order are considered at the earliest possible stage 

 of planning for new facilities, 



(b) A request for funds to defray the cost of designing 

 and constructing new facilities In the United States shall 

 b« Included In the annual budget estimates of an agency 

 only If such request Includes funds to defray the costs 

 of such measures as may be necessary to assure that the 

 new facility will meet the requirement of section 4 of 

 this order 



(c) Heads of agencies shall notify the respective Secre- 

 tary as to the performance specifications proposed for each 

 facility when action Is necessary to meet the requirements 

 of subsections 4 (a) (1) and (b) of this order. Where the 

 respective Secretary finds that such performance speci- 

 fications are not adequate to meet such requirements he 

 shall consult with the agency head and the latter shall 

 thereupon develop adequate performance specifications. 



(d) Heads of agencle's shall give due consideration to 

 the quality of air and water resources when facilities are 

 constructed or operated outside the United States. 



Sec. 7. Procedures for Federal Water Resources Pro- 

 jects, (a) All water resources projects of the Departments 

 of Agriculture, the Interior, and the Army, the Tennessee 

 Valley Authority, and the United States Section of the 

 International Boundary and Water Commission shall be 

 consistent with the requirements of section 4 of this or- 

 der. In addition, all such projects shall be presented for 

 the consideration of the Secretary of the Interior at the 

 earlles feasible stage if they Involve proposals or recom- 

 mendations with respect to the authorization or con- 

 struction of any Federal water resources project In the 

 United States The Secretary of the Interior shall review 

 plans and supporting data for all such projects relating 

 to water quality, and shall prepare a report to the head 

 of the responsible agency describing the potential Im- 

 pact of the project on water quality. Including recom- 

 mendations concerning any changes or other measures 

 with respect thereto which he considers to be necessary 

 In connection vrtth the design, construction, and oper- 

 ation of the project. 



(b) The report of the Secretary of the Interior shall 

 accompany at the earliest practicable stage any report 

 proposing authorization or construction, or a request for 

 funding, of such a water resource project. In any case In 

 which the Secretary of the Interior falls to submit a re- 

 port within 90 days after receipt of project plans, the 

 head of the agency concerned may propose authorization, 

 construction, or funding of the project without such an 

 accompanying report. In such a case, the head of the 

 agency concerned shall explicitly state in his reauest 

 or report concerning the project that the Secretary of 

 the Interior has not reported on the potential Impact 

 of the project on water quality. 



Sec 8. Saving provisions. Except to the extent that they 

 are Inconsistent with this order, all outstanding rules, 

 regulations, order, delegations, or other forms of admini- 

 strative action Issued, made, or otherwise taken under the 

 orders superseded by section 9 hereof or relating to the 

 subject of this order shall remain In full force and effect 

 until amended, modified, or terminated by proper au- 

 thority. 



Sec 9 Orders superseded. Executive Order No. 11282 

 of May 26. 1966. and Executive Order No. 11288 of July 

 2, 1966. are hereby superseded. 



Richard Nixon 



