FAR 23.402—Authorities.
Plain-English Summary
FAR 23.402 is an authorities section that identifies the legal and policy sources underlying the federal acquisition sustainability and pollution-prevention framework addressed in this part. It specifically points to three authorities: the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA), the Pollution Prevention Act of 1990 (PPA), and Executive Order 14057, Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability. In practical terms, this section does not itself impose detailed contractor procedures; instead, it tells readers where the government’s authority comes from for requirements related to environmental reporting, pollution prevention, and federal sustainability initiatives. For contracting officers and contractors, the significance is that later FAR provisions in this part are grounded in these statutes and the Executive Order, so compliance obligations and solicitation clauses in the environmental/sustainability area should be read in light of these authorities. It also signals that agencies may use procurement to support broader federal goals such as reducing pollution, improving reporting, and advancing clean energy and sustainability objectives.
Key Rules
EPCRA is a governing authority
The section identifies the Emergency Planning and Community Right-to-Know Act of 1986 as a foundational authority. In practice, this means acquisition requirements in this area may relate to hazardous chemical reporting, emergency planning, and community right-to-know obligations.
PPA supports pollution prevention
The Pollution Prevention Act of 1990 is listed as an authority for this FAR part. This ties procurement policy to source reduction and pollution-prevention priorities, rather than relying only on end-of-pipe waste management.
Executive Order 14057 applies
The section also cites Executive Order 14057, which directs federal sustainability efforts and clean energy-related actions. This means procurement policy may be used to advance sustainability goals, including cleaner energy use and lower environmental impact.
Authorities inform later requirements
This section is a citation provision, not a detailed compliance rule by itself. Its function is to establish the legal basis for the substantive requirements that appear elsewhere in FAR Part 23 and related agency guidance.
Federal procurement supports environmental policy
By listing these authorities together, the FAR makes clear that acquisition is a tool for implementing environmental and sustainability policy. Contracting actions in this area should therefore be aligned with statutory and executive policy objectives, not treated as purely administrative purchasing decisions.
Responsibilities
Contracting Officer
Use the authorities cited in this section as the legal and policy basis when applying FAR Part 23 requirements, drafting solicitations, and evaluating whether environmental or sustainability clauses are needed.
Agency
Implement procurement policies and internal guidance consistent with EPCRA, the PPA, and Executive Order 14057, and ensure acquisition planning reflects applicable sustainability and pollution-prevention objectives.
Contractor
Understand that environmental, reporting, pollution-prevention, and sustainability requirements in solicitations or contracts may be grounded in these authorities and comply with any resulting contract clauses or reporting obligations.
Program/Acquisition Staff
Coordinate early to identify whether the acquisition may trigger environmental reporting, pollution-prevention, or sustainability-related requirements under the authorities cited here.
Practical Implications
This section matters because it tells you the source of authority for the rest of FAR Part 23; if you are interpreting a later requirement, these are the legal anchors behind it.
A common pitfall is treating this section as if it creates standalone duties; it mainly identifies authorities, so the actual obligations usually appear in other FAR sections, agency supplements, or contract clauses.
Contracting officers should check whether an acquisition touches hazardous materials, pollution prevention, or sustainability goals early in planning, because those issues can affect specifications, evaluation factors, reporting, and clause selection.
Contractors should not assume environmental requirements are optional or purely policy-based; once incorporated into the contract, they can become enforceable obligations.
Because Executive Order 14057 is included alongside statutes, agencies may use procurement to advance broader sustainability and clean energy objectives, so offerors should watch for evolving requirements in solicitations and agency guidance.
Official Regulatory Text
(a) Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. 11001-11050 (EPCRA). (b) Pollution Prevention Act of 1990, 42 U.S.C. 13101-13109 (PPA). (c) Executive Order 14057 , Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability, dated December 8, 2021.