Energy Efficiency and Water Conservation at Federal Facilities

[Federal Register Volume 59, Number 47 (Thursday, March 10, 1994)]

[Presidential Documents]

[Pages 11463-11471]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 94-5834]

[[Page Unknown]]

[Federal Register: March 10, 1994]

_______________________________________________________________________

Part XIII

The President

_______________________________________________________________________

Executive Order 12902--

Energy Efficiency and Water Conservation at

Federal Facilities

Presidential Documents

Federal Register

Vol. 59, No. 47

Thursday, March 10, 1994

____________________________________________________________________

Title 3--

The President

Executive Order 12902 of March 8, 1994

Energy Efficiency and Water Conservation at

Federal Facilities

By the authority vested in me as President by the

Constitution and the laws of the United States of

America, including the Energy Policy and Conservation

Act (Public Law 94-163, 89 Stat. 871, 42 U.S.C. 6201 et

seq.) as amended by the Energy Policy Act of 1992

(Public Law 102-486, 106 Stat. 2776) and section 301 of

title 3, United States Code, I hereby order as follows:

PART 1--DEFINITIONS

For the purposes of this order:

Section 101. The ``Act'' means the Federal energy

management provisions of the Energy Policy and

Conservation Act, as amended by the Energy Policy Act

of 1992.

Sec. 102. The term ``comprehensive facility audit''

means a survey of a building or facility that provides

sufficiently detailed information to allow an agency to

enter into energy or water savings performance

contracts or to invite inspection and bids by private

upgrade specialists for direct agency-funded energy or

water efficiency investments. It shall include

information such as the following:

(a) the type, size, energy use, and performance of

the major energy using systems and their interaction

with the building envelope, the climate and weather

influences, usage patterns, and related environmental

concerns;

(b) appropriate energy and water conservation

maintenance and operating procedures;

(c) recommendations for the acquisition and

installation of energy conservation measures, including

solar and other renewable energy and water conservation

measures; and

(d) a strategy to implement the recommendations.

Sec. 103. The term ``cost-effective'' means providing a

payback period of less than 10 years, as determined by

using the methods and procedures developed pursuant to

42 U.S.C. 8254 and 10 CFR 436.

Sec. 104. The term ``demand side management'' refers to

utility-sponsored programs that increase energy

efficiency and water conservation or the management of

demand. The term includes load management techniques.

Sec. 105. The term ``energy savings performance

contracts'' means contracts that provide for the

performance of services for the audit, design,

acquisition, installation, testing, operation, and,

where appropriate, maintenance and repair, of an

identified energy or water conservation measure or

series of measures at one or more locations.

Sec. 106. The term ``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.

Sec. 107. The term ``Federal building'' means any

individual building, structure, or part thereof,

including the associated energy or water-consuming

support systems, which is constructed, renovated, or

purchased in whole or in part for use by the Federal

Government and which consumes energy or water. In any

provision of this order, the term ``Federal building''

shall also include any building leased in whole or in

part for use by the Federal Government where the term

of the lease exceeds 5 years and the lease does not

prohibit implementation of the provision in question.

Sec. 108. The term ``Federal facility'' means any

building or collection of buildings, grounds, or

structure, as well as any fixture or part thereof,

which is owned by the United States or any Federal

agency or which is held by the United States or any

Federal agency under a lease-acquisition agreement

under which the United States or a Federal agency will

receive fee simple title under the terms of such

agreement without further negotiation. In any provision

of this order, the term ``Federal facility'' shall also

include any building leased in whole or in part for use

by the Federal Government where the term of the lease

exceeds 5 years and the lease does not prohibit

implementation of the provision in question.

Sec. 109. The term ``franchising'' means that an agency

would provide the services of its employees to other

agencies on a reimbursable basis.

Sec. 110. The term ``gainsharing'' refers to incentive

systems that allocate some portion of savings resulting

from gains in productivity to the workers who produce

those gains.

Sec. 111. The term ``industrial facilities'' means any

fixed equipment, building, or complex for the

production of goods that uses large amounts of capital

equipment in connection with, or as part of, any

process or system, and within which the majority of

energy use is not devoted to the heating, cooling,

lighting, ventilation, or to service the hot water

energy load requirements of the building.

Sec. 112. The term ``life cycle cost'' refers to life

cycle cost calculated pursuant to the methodology

established by 10 CFR 436.11.

Sec. 113. The term ``prioritization survey'' means a

rapid assessment that will be used by an agency to

identify those facilities with the highest priority

projects based on the degree of cost effectiveness and

to schedule comprehensive facility audits prior to

project implementation. The prioritization survey shall

include information such as the following:

(a) the type, size, energy and water use levels of

the major energy and water using systems in place at

the facility; and

(b) the need, if any, for acquisition and

installation of cost-effective energy and water

conservation measures, including solar and other

renewable energy resource measures.

Sec. 114. The term ``shared energy savings contract''

refers to a contract under which the contractor incurs

the cost of implementing energy savings measures

(including, but not limited to, performing the audit,

designing the project, acquiring and installing

equipment, training personnel, and operating and

maintaining equipment) and in exchange for providing

these services, the contractor gains a share of any

energy cost savings directly resulting from

implementation of such measures during the term of the

contract.

Sec. 115. The term ``solar and other renewable energy

sources'' includes, but is not limited to, agriculture

and urban waste, geothermal energy, solar energy, and

wind energy.

Sec. 116. The term ``utility'' means any person, State,

or agency that is engaged in the business of producing

or selling electricity or engaged in the local

distribution of natural gas or water to any ultimate

consumer.

PART 2--INTERAGENCY COORDINATION

Sec. 201. Interagency Coordination. The Department of

Energy (``DOE'') shall take the lead in implementing

this order through the Federal Energy Management

Program (``FEMP''). The Interagency Energy Policy

Committee (``656 Committee'') and the Interagency

Energy Management Task Force (``Task Force'') shall

serve as forums to coordinate issues involved in

implementing energy efficiency, water conservation, and

solar and other renewable energy in the Federal sector.

PART 3--AGENCY GOALS AND REPORTING REQUIREMENTS FOR

ENERGY AND WATER EFFICIENCY IN FEDERAL FACILITIES

Sec. 301. Energy Consumption Reduction Goals. (a) Each

agency shall develop and implement a program with the

intent of reducing energy consumption by 30 percent by

the year 2005, based on energy consumption per-gross-

square-foot of its buildings in use, to the extent that

these measures are cost-effective. The 30 percent

reductions shall be measured relative to the agency's

1985 energy use. Each agency's implementation program

shall be designed to speed the introduction of cost-

effective, energy-efficient technologies into Federal

facilities, and to meet the goals and requirements of

the Act and this order.

(b) Each agency shall develop and implement a

program for its industrial facilities in the aggregate

with the intent of increasing energy efficiency by at

least 20 percent by the year 2005 as compared to the

1990 benchmark, to the extent these measures are cost-

effective, and shall implement all cost-effective water

conservation projects. DOE, in coordination with the

656 Committee, shall establish definitions and

appropriate indicators of energy and water efficiency,

and energy and water consumption and costs, in Federal

industrial facilities for the purpose of establishing a

base year of 1990.

Sec. 302. Energy and Water Surveys and Audits of

Federal Facilities. (a) Prioritization Survey. Each

agency responsible for managing Federal facilities

shall conduct a prioritization survey, within 18 months

of the date of this order, on each of the facilities

the agency manages. The surveys shall be used to

establish priorities for conducting comprehensive

facility audits.

(b) Comprehensive Facility Audits. Each agency

shall develop and begin implementing a 10-year plan to

conduct or obtain comprehensive facility audits, based

on prioritization surveys performed under section

302(a) of this order.

(1) Implementation of the plan shall ensure that

comprehensive facility audits of approximately 10

percent of the agency's facilities are completed each

year. Agencies responsible for managing less than 100

Federal facilities shall plan and execute approximately

10 comprehensive facility audits per year until all

facilities have been audited.

(2) Comprehensive audits of facilities performed

within the last 3 years may be considered current for

the purposes of implementation.

(3) ``No-cost'' audits, such as those outlined in

section 501(c) of this order, shall be utilized to the

extent practicable.

(c) Exempt Facilities. Because the mission within

facilities exempt from the energy and water reduction

requirements under the Act may not allow energy

efficiency and water conservation in certain

operations, actions shall be taken to reduce all other

energy and water waste using the procedures described

in the Act and this order. Each agency shall develop

and implement a plan to improve energy and water

efficiency in such exempt facilities. The

prioritization surveys are intended to allow agencies

to refine their designation of facilities as ``exempt''

or ``industrial,'' so that only individual buildings in

which industrial or energy-intensive operations are

conducted remain designated as ``exempt'' or

``industrial.'' Within 21 months of the date of this

order, each agency shall report to FEMP and to the

Office of Management and Budget (``OMB'') the

redesignations that the agency is making as a result of

the prioritization surveys. Agencies may seek

exemptions for their facilities pursuant to the Energy

Policy and Conservation Act, as amended.

(d) Leased Facilities. Agencies shall conduct

surveys and audits of leased facilities to the extent

practicable and to the extent that the recommendations

of such surveys and audits could be implemented under

the terms of the lease.

Sec. 303. Implementation of Energy Efficiency and Water

Conservation Projects. (a) Implementation of New Audit

Recommendations. Within 1 year of the date of this

order, agencies shall identify, based on preliminary

recommendations from the prioritization surveys

required under section 302 of this order, high priority

facilities to audit and shall complete the first 10

percent of the required comprehensive facility audits.

Within 180 days of the completion of the comprehensive

facility audit of each facility, agencies shall begin

implementing cost-effective recommendations for

installation of energy efficiency, water conservation,

and renewable energy technologies for that facility.

(b) Implementation of Existing Audits. Within 180

days of the date of this order, agencies shall begin to

implement cost-effective recommendations from

comprehensive audits of facilities performed within the

past 3 years, for installation of energy efficiency,

water conservation, and renewable energy technologies.

Sec. 304. Solar and Other Renewable Energy. The goal of

the Federal Government is to significantly increase the

use of solar and other renewable energy sources. DOE

shall develop a program for achieving this goal cost-

effectively and, within 210 days of the date of this

order, submit the program to the 656 Committee for

review. DOE shall lead the effort to assist agencies in

meeting this goal.

Sec. 305. Minimization of Petroleum-Based Fuel Use in

Federal Buildings and Facilities. All agencies shall

develop and implement programs to reduce the use of

petroleum in their buildings and facilities by

switching to a less-polluting and nonpetroleum-based

energy source, such as natural gas or solar and other

renewable energy sources. Where alternative fuels are

not practical or cost-effective, agencies shall strive

to improve the efficiency with which they use the

petroleum. Each agency shall survey its buildings and

facilities that utilize petroleum-based fuel systems to

determine where the potential for a dual-fuel

capability exists and shall provide dual-fuel

capability where cost-effective and practicable.

Sec. 306. New Space. (a) New Federal Facility

Construction. Each agency involved in the construction

of a new facility that is to be either owned by or

leased to the Federal Government shall:

(1) design and construct such facility to minimize

the life cycle cost of the facility by utilizing energy

efficiency, water conservation, or solar or other

renewable energy technologies;

(2) ensure that the design and construction of

facilities meet or exceed the energy performance

standards applicable to Federal residential or

commercial buildings as set forth in 10 CFR 435, local

building standards, or a Btu-per-gross-square-foot

ceiling as determined by the Task Force within 120 days

of the date of this order, whichever will result in a

lower life cycle cost over the life of the facility;

(3) establish and implement, within 270 days of the

date of this order, a facility commissioning program

that will ensure that the construction of such

facilities meets the requirements outlined in this

section before the facility is accepted into the

Federal facility inventory; and

(4) utilize passive solar design and adopt active

solar technologies where they are cost-effective.

(b) New Leases For Existing Facilities. To the

extent practicable and permitted by law, agencies

entering into leases, including the renegotiation or

extension of existing leases, shall identify the energy

and water consumption of those facilities and seek to

incorporate provisions into each lease that minimize

the cost of energy and water under a life cycle

analysis, while maintaining or improving occupant

health and safety. These requirements may include

renovation of proposed space prior to or within the

first year of each lease. Responsible agencies shall

seek to negotiate the cost of the lease, taking into

account the reduced energy and water costs during the

term of the lease.

(c) Government-Owned Contractor-Operated

Facilities. All Government-owned contractor-operated

facilities shall comply with the goals and requirements

of this order. Energy and water management goals shall

be incorporated into their management contracts.

Sec. 307. Showcase Facilities. (a) New Building

Showcases. When an agency constructs at least five

buildings in a year, it shall designate at least one

building, at the earliest stage of development, to be a

showcase highlighting advanced technologies and

practices for energy efficiency, water conservation, or

use of solar and other renewable energy.

(b) Demonstrations in Existing Facilities. Each

agency shall designate one of its major buildings to

become a showcase to highlight energy or water

efficiency and also shall attempt to incorporate

cogeneration, solar and other renewable energy

technologies, and indoor air quality improvements.

Selection of such buildings shall be based on

considerations such as the level of nonfederal

visitors, historic significance, and the likelihood

that visitors will learn from displays and implement

similar projects. Within 180 days of the date of this

order, each agency shall develop and implement plans

and work in cooperation with DOE and, where

appropriate, in consultation with the General Services

Administration (``GSA''), the Environmental Protection

Agency (``EPA''), and other appropriate agencies, to

determine the most effective and cost-effective

strategies to implement these demonstrations.

Sec. 308. Annual Reporting Requirements. (a) As

required under the Act, the head of each agency shall

report annually to the Secretary of Energy and OMB, in

a format specified by the Secretary and OMB after

consulting with the 656 Committee. The report shall

describe the agency's progress in achieving the goals

of this order.

(b) The Secretary of Energy shall report to the

President and the Congress annually on the

implementation of this order. The report should provide

information on energy and water use and cost data and

shall provide the greatest level of detail practicable

for buildings and facilities by energy source.

Sec. 309. Report on Full Fuel Cycle Analysis. DOE shall

prepare a report on the issues involved in instituting

life cycle analysis for Federal energy and product

purchases that address the full fuel cycle costs,

including issues concerning energy exploration,

development, processing, transportation, storage,

distribution, consumption, and disposal, and related

impacts on the environment. The report shall examine

methods for conducting life cycle analysis and

implementing such analysis in the Federal sector and

shall make appropriate recommendations. The report

shall be forwarded to the President for review.

Sec. 310. Agency Accountability. One year after the

date of this order, and every 2 years thereafter, the

President's Management Council shall report to the

President about efforts and actions by agencies to meet

the requirements of this order. In addition, each

agency head shall designate a senior official, at the

Assistant Secretary level or above, to be responsible

for achieving the requirements of this order and shall

appoint such official to the 656 Committee. The 656

Committee shall also work to ensure the implementation

of this order. The agency senior official and the 656

Committee shall coordinate implementation with the

Federal Environmental Executive and Agency

Environmental Executives established under Executive

Order No. 12873.

PART 4--USE OF INNOVATIVE FINANCING AND CONTRACTUAL

MECHANISMS

Sec. 401. Financing Mechanisms. In addition to

available appropriations, agencies shall utilize

innovative financing and contractual mechanisms,

including, but not limited to, utility demand side

management programs, shared energy savings contracts,

and energy savings performance contracts, to meet the

goals and requirements of the Act and this order.

Sec. 402. Workshop for Agencies. Within a reasonable

time of the date of this order, the Director of OMB, or

his or her designee, and the Task Force shall host a

workshop for agencies regarding financing and

contracting for energy efficiency, water efficiency,

and renewable technology projects. Based on the results

of that meeting, the Administrator, Office of

Procurement Policy (``OFPP''), shall assist the

Administrator of General Services and the Secretary of

Energy in eliminating unnecessary regulatory and

procedural barriers that slow the utilization of such

audit, financing, and contractual mechanisms or

complicate their use. All actions that are cost-

effective shall be implemented through the process

required in section 403 of this order.

Sec. 403. Elimination of Barriers. Agency heads shall

work with their procurement officials to identify and

eliminate internal regulations, procedures, or other

barriers to implementation of the Act and this order.

DOE shall develop a model set of recommendations that

will be forwarded to the Administrator of OFPP in order

to assist agencies in eliminating the identified

barriers.

PART 5--TECHNICAL ASSISTANCE, INCENTIVES, AND AWARENESS

Sec. 501. Technical Assistance. (a) To assist Federal

energy managers in implementing energy efficiency and

water conservation projects, DOE shall, within 180 days

of the date of this order, develop and make available

through the Task Force:

(1) guidance explaining the relationship between

water use and energy consumption and the energy savings

achieved through water conservation measures;

(2) a model solicitation and implementation guide for

innovative funding mechanisms referenced in section 401

of this order;

(3) a national list of companies providing water

services in addition to the list of qualified energy

service companies as required by the Act;

(4) the capabilities and technologies available

through the national energy laboratories; and

(5) an annually-updated guidance manual for Federal

energy managers that includes, at a minimum, new sample

contracts or contract provisions, position

descriptions, case studies, recent guidance, and

success stories.

(b) The Secretary of Energy, in coordination with

the Administrator of General Services, shall make

available through the Task Force, within 180 days of

the date of this order:

(1) the national list of qualified water and energy

efficiency contractors for inclusion on a Federal

schedule; and

(2) a model provision on energy efficiency and water

conservation, for inclusion in new leasing contracts.

(c) Within 180 days of the date of this order, the

Administrator of General Services shall:

(1) contact each utility that has an area-wide

contract with GSA to determine which of those utilities

will perform ``no-cost'' audits for energy efficiency

and water conservation and potential solar and other

renewable energy sources that comply with Federal life

cycle costing procedures set forth in Subpart A, 10 CFR

436;

(2) for each energy and water utility serving the

Federal Government, determine which of those utilities

offers demand-side management services and incentives

and obtain a list and description of those services and

incentives; and

(3) prepare a list of those utilities and make that

list available to all Federal property management

agencies through the Task Force.

(d) Within 18 months of the date of this order, the

Administrator of General Services, in consultation with

the Secretary of Energy, shall develop procurement

techniques, methods, and contracts to speed the

purchase and installation of energy, water, and

renewable energy technologies in Federal facilities.

Such techniques, methods, and contracts shall be

designed to utilize both direct funding by the user

agency, including energy savings performance

contracting, and utility rebates. To the extent

permitted by law, the Administrator of OFPP shall

assist the Administrator of General Services and the

Secretary of Energy by eliminating unnecessary

regulatory and procedural barriers that would slow the

implementation of such methods, techniques, or

contracts or complicate their use.

(e) Agencies are encouraged to seek technical

assistance from DOE to develop and implement solar and

other renewable energy projects.

(f) DOE shall conduct appropriate training for

Federal agencies to assist them in identifying and

funding cost-effective projects. This training shall

include providing software and other technical tools to

audit facilities and identify opportunities. To the

extent that resources are available, DOE shall work

with utilities and the private sector to encourage

their participation in Federal sector programs.

(g) DOE, in coordination with EPA, GSA, and the

Department of Defense (``DOD''), shall develop

technical assistance services for agencies to help

identify energy efficiency, water conservation, indoor

air quality, solar and other renewable energy projects,

new building design, fuel switching, and life cycle

cost analysis. These services shall include, at a

minimum, a help line, computer bulletin board,

information and education materials, and project

tracking methods. Agencies shall identify technical

assistance needed to meet the goals and requirements of

the Act and this order and seek such assistance from

DOE.

(h) The Secretary of Energy and the Administrator

of General Services shall explore ways to stimulate

energy efficiency, water conservation, and use of solar

and other renewable energy sources and shall study

options such as new building performance guidelines,

life cycle value engineering, and designer/builder

incentives such as award fees. The studies shall be

completed within 270 days of the date of this order.

The OFPP will issue guidance to agencies on life cycle

value engineering within 6 months of the completion of

the studies.

(i) The Secretary of Energy and the Administrator

of General Services shall develop and distribute

through the Task Force a model building commissioning

program within 270 days of the date of this order.

(j) The lists, guidelines, and services in this

section of the order shall be updated periodically.

Sec. 502. Retention of Savings and Rebates. (a) Within

a reasonable time after the date of this order, the

Director of OMB, along with the Secretary of Energy,

the Secretary of Defense, and the Administrator of

General Services, to the extent practicable and

permitted by law, shall develop guidelines and

implement procedures to allow agencies, in fiscal year

1995 and beyond, to retain utility rebates and

incentives received by the agency and savings from

energy efficiency and water conservation efforts as

provided in section 152 of the Energy Policy Act of

1992 and 10 U.S.C. 2865 and 2866.

Sec. 503. Performance Evaluations. To recognize the

responsibilities of facility managers, designers,

energy managers, their superiors, and, to the extent

practicable and appropriate, others critical to the

implementation of this order, heads of agencies shall

include successful implementation of energy efficiency,

water conservation, and solar and other renewable

energy projects in their position descriptions and

performance evaluations.

Sec. 504. Incentive Awards. Agencies are encouraged to

review employee incentive programs to ensure that such

programs appropriately reward exceptional performance

in implementing the Act and this order. Such awards may

include monetary incentives such as Quality Step

Increases, leave time awards and productivity

gainsharing, and nonmonetary and honor awards such as

increased authority, additional resources, and a series

of options from which employees or teams of employees

can choose.

Sec. 505. Project Teams/Franchising. (a) Agencies are

encouraged to establish Energy Efficiency and

Environmental Project Teams (``Project Teams'') to

implement energy efficiency, water conservation, and

solar and other renewable energy projects within their

respective agencies. DOE shall develop a program to

train and support the Project Teams, which should have

particular expertise in innovative financing, including

shared energy savings and energy savings performance

contracting. The purpose of the program is to enable

project teams to implement projects quickly and

effectively in their own agencies.

(b) Agencies are encouraged to franchise the

services of their Project Teams. The ability to access

the services of other agencies' teams will foster

excellence in project implementation through

competition among service providers, while providing an

alternative method to meet or exceed the requirements

of the Act and this order for agencies that are unable

to devote sufficient personnel to implement projects.

Sec. 506. FEMP Account Managers. FEMP shall develop a

customer service program and assign account managers to

agencies or regions so that each project may have a

designated account manager. When requested by an

agency, the account manager shall start at the audit

phase and follow a project through commissioning,

evaluation, and reporting. The account manager shall

provide technical assistance and shall have

responsibility to see that all actions possible are

taken to ensure success of the project.

Sec. 507. Procurement of Energy Efficient Products by

Federal Agencies. (a) ``Best Practice'' Technologies.

Agencies shall purchase energy-efficient products in

accordance with the guidelines issued by OMB, in

consultation with the Defense Logistics Agency

(``DLA''), DOE, and GSA, under section 161 of the

Energy Policy Act of 1992. The guidelines shall include

listings of energy-efficient products and practices

used in the Federal Government. At a minimum, OMB shall

update the listings annually. DLA, DOE, and GSA shall

update the portions of the listings for which they have

responsibility as new products become available and

conditions change.

(1) Each agency shall purchase products listed as

energy-efficient in the guidelines whenever

practicable, and whenever they meet the agency's

specific performance requirements and are cost-

effective. Each agency shall institute mechanisms to

set targets and measure progress.

(2) To further encourage a market for highly-energy-

efficient products, each agency shall increase, to the

extent practicable and cost-effective, purchases of

products that are in the upper 25 percent of energy

efficiency for all similar products, or products that

are at least 10 percent more efficient than the minimum

level that meets Federal standards. This requirement

shall apply wherever such information is available,

either through Federal or industry-approved testing and

rating procedures.

(3) GSA and DLA, in consultation with DOE, other

agencies, States, and industry and other nongovernment

organizations, shall provide all agencies with

information on specific products that meet the energy-

efficiency criteria of this section. Product

information should be made available in both printed

and electronic formats.

(b) Federal Market Opportunities. DOE, after

consultation with industry, utilities, and other

interested parties, shall identify advanced energy-

efficient and water-conserving technologies that are

technically and commercially feasible but not yet

available on the open market. These technologies may

include, but are not limited to, the advanced appliance

technologies referenced in section 127 of the Energy

Policy Act of 1992. DOE, in cooperation with OMB, GSA,

DOD, the National Institute of Standards and Technology

(``NIST''), and EPA, shall issue a ``Federal

Procurement Challenge'' inviting each Federal agency to

commit a specified fraction of their purchases within a

given time period to advanced, high-efficiency models

of products, provided that these anticipated future

products can meet the agency's energy performance,

functionality, and cost requirements.

(c) Accelerated Retirement of Inefficient

Equipment. DOE, in consultation with GSA and other

agencies, shall establish guidelines for the cost-

effective early retirement of older, inefficient

appliances and other energy and water-using equipment

in Federal facilities. Such guidelines may take into

account significant improvements in energy efficiency

and water conservation, opportunities to down-size or

otherwise optimize the replacement equipment as a

result of associated improvements in building envelope,

system, or industrial process efficiency and reductions

in pollutant emissions, use of chlorofluorocarbons, and

other environmental improvements.

(d) Review of Barriers. Each agency shall review

and revise Federal or military specifications, product

descriptions, and standards to eliminate barriers to,

and encourage Federal procurement of, products that are

energy-efficient or water conserving.

PART 6--WAIVERS

Sec. 601. Waivers. Each agency may determine whether

certain requirements in this order are inconsistent

with the mission of the agency and seek a waiver of the

provision from the Secretary of Energy. Any waivers

authorized by the Secretary of Energy shall be included

in the annual report on Federal energy management

required under the Act.

PART 7--REVOCATION, LIMITATION, AND IMPLEMENTATION

Sec. 701. Executive Order No. 12759, of April 17, 1991,

is hereby revoked, except that sections 3, 9, and 10 of

that order shall remain effective and shall not be

revoked.

Sec. 702. This order is intended only to improve the

internal management of the executive branch and is not

intended to, and does not create, any right to

administrative or judicial review, or any other right

or benefit or trust responsibility, substantive or

procedural, enforceable by a party against the United

States, its agencies or instrumentalities, its officers

or employees, or any other person.

Sec. 703. This order shall be effective immediately.

(Presidential Sig.)>

THE WHITE HOUSE,

March 8, 1994.

[FR Doc. 94-5834

Filed 3-9-94; 11:02 am]

Billing code 3195-01-P