52.223-5 — Pollution Prevention and Right-to-Know Information.
Researched by the BidStride Research Team
What This Clause Requires
FAR 52.223-5 — Pollution Prevention and Right-to-Know Information.. This clause is part of the Federal Acquisition Regulation and may be included in government contracts as a solicitation provision or contract clause.
Official Regulation Text
52.223-5 Pollution Prevention and Right-to-Know Information. 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) [68 FR 43870, July 24, 2003, as amended at 76 FR 31402, May 31, 2011; 89 FR 30248, Apr. 22, 2024]
Compliance Checklist
- (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.
- (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.
- (3) The list of Material Safety Data Sheets, required by section 311 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.
Flow-Down to Subcontractors
No flow-down required
This clause applies only to the prime contract and does not need to be flowed down to subcontractors.
Frequently Asked Questions
FAR 52.223-5 (Pollution Prevention and Right-to-Know Information.) is a federal acquisition regulation clause that may be included in government contracts. It falls under the environment category.
FAR 52.223-5 is typically required when the contracting officer determines it's applicable to the specific procurement. Check the solicitation's Section I for included clauses.
Whether FAR 52.223-5 flows down depends on the specific clause language and contract type. Review the clause text for flow-down provisions.
This summary is for informational purposes only and reflects the BidStride Research Team's plain-English interpretation of the regulation. It is not legal advice and does not constitute an attorney-client relationship. Always consult the official Federal Acquisition Regulation (FAR) or Defense Federal Acquisition Regulation Supplement (DFARS) text and qualified legal counsel for compliance decisions.