FAR 52.223-5—Pollution Prevention and Right-to-Know Information.
Plain-English Summary
FAR 52.223-5 implements the federal facility reporting obligations under the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) and the Pollution Prevention Act of 1990 (PPA). This clause defines the term "toxic chemical" by reference to 40 CFR 372.65, then explains that federal facilities must comply with EPCRA and PPA reporting requirements. In practice, the clause requires the contractor to furnish information the federal facility needs to meet emergency planning and release reporting duties, including Section 302 emergency planning notifications, Section 304 emergency release notices, Section 311 material safety data sheet lists, Section 312 emergency and hazardous chemical inventory forms, and Section 313 toxic chemical release inventory reporting. It also captures the PPA requirement to report source reduction and recycling information associated with Section 313. The clause matters because contractors operating at or supplying chemicals to federal facilities can directly affect the facility’s legal compliance, environmental reporting accuracy, emergency preparedness, and public disclosure obligations. Failure to provide complete and timely information can expose the facility and the contractor to compliance risk, reporting errors, and operational delays.
Key Rules
Toxic chemical definition
The clause defines "toxic chemical" by incorporating the list in 40 CFR 372.65. That means the reporting obligation is tied to the EPA’s regulated chemical list, not a contractor’s internal classification.
Federal facilities must comply
Federal facilities are required to comply with EPCRA and the PPA. The clause exists to support that compliance by ensuring the facility can obtain the chemical information it needs from contractors.
Provide information for Section 302
The contractor must provide all information needed for emergency planning reporting under EPCRA Section 302. This supports identification of extremely hazardous substances and related planning obligations.
Provide information for Section 304
The contractor must provide all information needed for emergency notice reporting under EPCRA Section 304. This covers release notifications for hazardous substances and extremely hazardous substances.
Support Section 311 and 312 reporting
The contractor must provide information needed for the list of Material Safety Data Sheets under Section 311 and the emergency and hazardous chemical inventory forms under Section 312. These reports help the facility document chemical hazards and inventories.
Support Section 313 and PPA data
The contractor must provide information needed for the toxic chemical release inventory under EPCRA Section 313, including the reduction and recycling information required by Section 6607 of the PPA. This supports annual toxic release reporting and pollution prevention disclosures.
Responsibilities
Contracting Officer
Include the clause when prescribed by FAR 23.406(a) and ensure the contract reflects the facility’s need for chemical and release information. The contracting officer should also coordinate with environmental, safety, and facility personnel so the contractor understands what information must be provided and when.
Contractor
Provide all information needed by the federal facility to meet EPCRA and PPA reporting requirements. This includes identifying covered chemicals, quantities, releases, inventory data, safety data sheet information, and source reduction/recycling information when applicable.
Federal Facility / Agency
Use the contractor-provided information to complete required EPCRA and PPA reports, maintain compliance with emergency planning and community right-to-know obligations, and ensure the information is accurate, timely, and complete.
Environmental / Safety Staff at the Facility
Collect, validate, and compile contractor data for the required reports and determine whether the information triggers or affects Sections 302, 304, 311, 312, or 313 reporting. They should also reconcile contractor data with facility inventories and release records.
Practical Implications
Contractors that handle, store, use, or release chemicals at a federal facility should expect to provide detailed chemical data, not just a simple yes/no certification.
A common pitfall is assuming the facility already has complete information; if contractor data is missing or outdated, the facility may fail to report accurately under EPCRA or the PPA.
Another frequent issue is confusion over which chemicals are covered. The relevant list is the EPA toxic chemical list in 40 CFR 372.65, so contractors should verify coverage against the regulatory list rather than internal product names alone.
Timing matters: emergency planning and release reporting can be triggered by incidents or inventory thresholds, so late data from a contractor can create immediate compliance problems.
Contractors should maintain current safety data sheets, inventory records, release logs, and source reduction/recycling information so they can respond quickly to facility requests and avoid delays in annual or incident-based reporting.
Official Regulatory Text
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 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) ( 42 U.S.C. 11001 -11050), and the Pollution Prevention Act of 1990 (PPA) ( 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)