executive order 12856: federal facility environmental ... · exhibit 2-outreach and pollution...

TABLE OF CONTENTS

Page SECTION I: INTRODUCTION Purpose of This Document ............................................. 2

Background ......................................................... 2

The Role of Environmental Outreach ..................................... 3

SECTION 11: DEVELOPING AN ENVIRONMENTAL PLAN AND SETTING POLLUTION PREVENTION GOALS

Environmental Planning ............................................... 5

Goal Setting ......................................................... 6 Types of Goals ....................................................... 7

SECTION III DE-LOPING AN ENVIRONMENTAL, OUTREACH PROGRAM 1 . Identifying Stakeholder .......................................... 10 2 . Identifying Jnformation Needs .................................... 11

3 . Selecting a Message and Appropriate Level of Detail for Outreach Materials ........................................... 11

4 . Selecting Appropriate Outreach Tools ............................... 12 Development of Targeted Strategies .................................... -12

Outreach Within the Facility ........................................... 12 Outreach to the Community ........................................... 14

Communication With Agency Headquarters .............................. 16 Communication With Environmental Agencies (State. Regional. EPA) ......... 18

SECTION W P U l " G THE PIECES TOGETHER IMPLEMENTING YOUR OUTREACH PROGRAM

Step 1 . Identify Issues .............................................. 19

Step 2 . Goal Setting ................................................ 19 Step 3 . Identify Environmental Projects ................................ 19

Step 4 . Identify Communication and Outreach Activities ................... 19

Step 5 . Conduct Outreach Activities ................................... 19

Conclusion ....................................................... 20

APPENDICES: APPENDIX A . EXECUTIVE ORDER 12856

SECTION I: INTRODUCTION

FEDERAL FACILITY ENVIRONMENTAL OUTREACH GUIDE

As a Federal facility environmental coordinator, you may have one of the tough- est jobs in govemment. You and the facility manager are responsible for ensuring that your facility complies with all environmental regulations (such as RCRA, CERCLA, CWA, and CAA). These regulatory requirements include the Emergency Planning and Community Right-to-Know Act (EPCRA) which directs private facilities to document their storage and release of toxic chemicals. Further, EPCRA is intended to promote pollution prevention as the best environmental protection approach. Under Executive Order 12856, Federal Compliance with Right-to-Know Laws and Pollution Prevention Requirements, Federal facilities are required to comply with the applicable provisions of EPCRA. These new requirements are intended to ensure that communities surrounding Federal facilities have access to information concerning chemical use and release by the facility. The goal is to promote open communication between Federal facilities and their surrounding communities concerning environmental issues and practices. Further, Executive Order 12856 is intended to encourage Federal facilities to demonstrate leadership in environmental protection through pollution prevention.

The Federal government has taken on this challenge for one very good reason: the govemment is the nation’s largest consumer of raw materials, energy, water, and manufactured products. The govemment consumes these resources as part of its production, maintenance, and opera- tional activities. In many cases, these activities result in the generation of harmful liquid, solid, and gaseous wastes. Such wastes may have an adverse impact on human health and the environment. In addition, the management and disposal of these wastes, as well as the cleanup of improperly managed wastes, are costly.

Pollution prevention can help the Federal government reduce the environmental impacts of its activities and reduce its generation of wastes.

In response to this challenge, the Federal government and facilities like yours are developing environmental goals, including pollution prevention goals, implementing source reduction technologies, and producing tangible results in waste reduction and in the development of innovative programs and policies to protect the environment. As you implement pollution prevention programs, it is important that you communicate your results to all interested parties so they can leam of and from your efforts. These parties may include (1) the community in which your facility resides, (2) facility personnel, (3) Agency Headquarters staff, and (4) environmental agencies. After all, it is on behalf of these people that the Federal government has made a commitment to become a leader in environmental protection.

“Environmental outreach” is the term used for communicating environmental progress and challenges to interested parties (also known as stakeholders) within and outside your facility. Outreach is the method by which you and your facility can demonstrate an openness to environmental concerns. Outreach offers your facility the opportunity to highlight full compliance with all applicable environmental regulations, trumpet the achievement of environmental goals, and demonstrate a willingness to lead by example. This is done through setting aggressive pollution reduction goals, especially those emphasizing prevention, and implementing innovative programs and technologies.

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PURPOSE OF THE DOCUMENT

The purpose of this document is to provide Federal facility environmental coordinators (i.e., you) with practical information to help you develop and implement effective environmental outreach programs that communicate facility environmental goals and program approaches. Of particular importance is the communication of results and successes of facility pollution prevention programs and compliance with EPCRA reporting requirements. This document will support you and your facility in developing an outreach program. Specifically, this document will address what information you should develop, to whom you should distribute this information, and how this information should be disseminated. In essence, the who, what, and how of environmental outreach.

This document is closely linked to the EFA Federal Faciiity Enforcement’s (FFEO) Federal Facility Pollution Prevention Planning Guide, which focuses on supporting your efforts to develop pllution prevention plans to assist facilities in meeting the reduction goals set forth in Executive Order 12856 and by Agency Headquarters. While the Federal Facility Pollution Prevention Planning Guide addresses goal setting and public outreach in the context of facility environmental planning, this document stresses the importance and benefits of goal setting and communication strategies in promoting better environmental outreach, especially in pollution prevention activities.

The remainder of this section presents additional background information on environmental planning outreach. Section 1T provides general information about developing an environmental plan and establishing pollution prevention goals. Section EI presents a step-by-step approach for developing an effective, targeted environmental outreach program. Section IV helps you “put the pieces together” and implement your outreach program as part of your facility’s environmental protection efforts.

BACKGROUND

On August 3, 1993, President Clinton signed Executive Order 12856, entitled Federal Compliance With Right-To-Know Lavs and Pollution Prevention Requirements. This Executive Order requires Federal agencies to comply with the Emergency Planning and Community

the Pollution Prevention Act of 1990 (PPA). In requiring compliance with EPCRA, the Executive Order affirms and strengthens the Federal govemment’s commitment to be a responsible neighbor through better communication and openness with the public concerning environ- . mental matters. Federal facility requirements related to EPCRA are discussed later in this document. By mandating adherence to the PPA, the Executive Order embraces a leadership position for the Federal govemment in environmental management. Appendix A provides a complete copy of Executive Order 12856.

Right-To-KnOW Act Of 1986 (EPCRA) and

Executive Order 12856 promotes environmental outreach by requiring Federal facilities to fully comply with EF’CRA. Additionally, it champions environmental leadership by establishing aggressive pollution pvention initiatives for the Federal govemment. Executive Order 12856 is partly modeled after EPA’s 33/50 program, a voluntary initiative aimed at achieving a national decrease in releases and transfers of 17 high-priority toxic chemicals. Using 1988 baseline data, the 33/50 program set reduction goals of 33 percent by 1992 and 50 percent by 1995. EPA encouraged facilities enrolied in the initiative to set their own goals and use pollution prevention to meet them. Progress, both nationally and for each participating facility, is tracked through the Toxics Release Inventoq, a data base that is accessible by the public. The success of the 33/50 program prompt- ed the Federal govemment to try a similar approach for Federal facilities - Executive Order 12856 . It also is important to note that pollution prevention and public accountability are components being incorporated into many govemment agency ini-

tiatives and into other Executive Orders (ie., 12873,12902,12843,12844,12845, and 12898). Exhibit 1 provides additional information regarding the requirements of these Executive Orders.

The primary objectives of Executive Order 12856 are to (1) establish goals related to a reduction in the use and release of toxic chemicals, reductions in all environmental impacts, and the acquisition and procurement of “environmentally safe” products and materials, (2) develop pollution prevention plans to reduce toxic releases by 50 percent and achieve facility-specific environmental goah, (3) collect and report (through such vehicles as the Toxic Release Inventory-TRI) data on the quantity and toxicity of the hazardous materialshwaste stored, used, treated, released, and disposed of at the facility, and (4) ensure public access to information on releases, transfers, and pollution prevention activities.

2 Section I: Introduction

THE ROLE OF ENVIRONMENTAL OUTREACH

Environmental outreach is part of a new approach to environmental protection. The old approach emphasized cleaning up past mistakes and concentrating control actions on single-media problems. The new philosophy is more proactive. It recognizes that a multimedia approach is more sound and that an emphasis on pollution prevention will have long-last- ing, positive effects on the environment. Goal setting and communication of pollution prevention successes are integral to this new environmental philosophy.

Exhibit 2 summarizes the Federal facility requirements under Executive Order 12856, the PPA, and EPCRA. Each Federal facility should establish a strong outreach program to highlight pollution prevention, compliance, and environmental protection, including the following activities:

Develop an environmental plan and set pollution prevention and other environmental goals Develop an environmental outreach program that includes identifying stakeholders, defining information needs, and selecting a message and level of detail for appropriate outreach materials Initiate the plan to achieve environmental goals through pollution prevention and other environmental protection activities Distribute outreach materials in the facility, the community, Agency Headquarters, and Environmental agencies at all government levels Continuously track results of environmental programs, especially pollution prevention projects, to document successes and provide information for continuing outreach efforts.

Ultimately, these activities will strength- en your environmental protection programs and provide continuous information on progress to all interested parties.

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Exhibit 2-Outreach and Pollution Prevention Requirement for Federal Facilities

Executive Order 12856 Comply with EPCRA emergency planning and response requirements. Report releases and transfers of toxic chemicals to TRI. Make TRI reports available to communities surrounding your facility. Develop facility pollution prevention plan including, where appropriate/applicable, a plan to reduce releases and transport of toxic chemicals by 50% Ensure plan supports agency-wide strategies and goals. Comply with the provisions set forth in section 301 through 312 of EPCRA

Pollution Prevention Act

Establishes pollution prevention as the Nation's preferred approach to environmental protection and waste management.

Requires that the Federal government identify oppomnities to use Federal procurement to encourage pollution prevention.

Emergency Planning and Community Right-To-Know Act

Sections 302 and 303 require planning for community response to rare but potentially catastrophic events such as the release of hazardous chemicals during a facility accident.

Section 304 provides for public notification of emergency releases of chemicals potentially harmful to the community.

Sections 311,312, and 313 enhance a community's awareness of chemical hazards by requiring facilities to document and report to EPA information on the amounts and types of chemicals stored and used at a facility.

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Federal Facility

Section I: Introduction

FEDERAL FACILITY ENVIRONMENTAL

OUTREACH GUIDE

11. DEVELOPING AN ENVIRONMENTAL PLAN AND SETI’ING POLLUTION PREVENTION GOALS

This section discusses how to establish an environmental plan and set pollution prevention and other environmental goals (e.g., remediation, compliance, land management and preservation, and environmental justice). The discussion of environmental planning identifies specific facility planning requirements contained in environmental regulations and Executive Orders and outlines the steps involved in developing an environmental plan that will contain activities to be publicized through your facility’s environmental outreach program. The discussion on goal setting presents detailed information on establishing effective and meaningful facility pollution prevention goals that can then be communicated through your environmental outreach program.

ENVIRONMENTAL PLANNING

As a Federal facility environmental coordinator, you are responsible for all facility environmental program activities. Certain environmental regulations require facilities to conduct planning activities. For example, EPCRA Sections 302 and 303 require planning for emergency response to hazardous chemical releases. In addition, Executive Order 12856 requires all Federal agencies to develop pollution prevention plans to reduce releases and transfers of toxic or hazardous chemicals.

Executive Order 12856 defines the importance of pollution prevention. As an environmental protection approach, pollution prevention should be integrated and used to improve almost every area of a facility’s environmental program. As the environmental coordinator, therefore, you should devote particular attention to pollution prevention. Exhibit 3 identifies seven steps for developing an effective facility pollution prevention plan. The first of these steps is to develop pollution prevention goals, which will be the ini- tial subject of your environmental outreach program.

To assist in developing pollution prevention plans and meeting the requirements of Executive Order 12856 and other laws concerning pollution prevention, EPA’s Federal Facilities Enforcement Office developed the Federal Facility Pollution Prevention Planning Guide. The guide provides detailed information concerning the development and implementation of your pollution prevention program. This document is a companion volume to that guide and should be used with it to prepare and implement pollution prevention plans and communicate the results of these efforts.

An effective pollution prevention plan and its resulting activities are powerful tools, and your outreach program can help advertise your successes. The elements of your pollution prevention program should be integrated with your facility outreach activities. You can then use your pollution prevention plan and outreach activities to publicize your pollution prevention goals and all measurable achievements to stakeholders. Demonstrating successes specified in your pollution prevention plan will illustrate your facility’s suong commitment to improving environmental performance.

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GOAL SETTING

Goals are a critical requirement of Executive Order 12856. The Executive Order requires agencies to adopt a goal of reducing releases of toxic chemicals by 50 percent by the end of 1999, as well as acquisition and procurement goals to eliminate or reduce the purchase of products with extremely hazardous substances or toxic chemicals. These goals can also be highlighted in your facility’s environmental outreach program.

To meet these goals, as well as others established by you or your Agency Pollution Prevention Strategy, you will need to think carefully about your environmental program and the activities you will need to implement. For example, you will need to:

Determine which goals apply to your facility Identify which projects will assist you in meeting these gods Identify your short-, mid-, and long- term goals, given a specific budget and timetable, and involve concerned stakeholders in the goal-setting process

Identify measurement standards Examine and refine your data collec- tion activities to ensure that you have an accurate baseline from which to measure reductions and document future reductions Receive endorsement from the facility manager on all activities related to the achievement of goals

stakeholders through environmental outreach activities.

Publicize goals to all concerned

Goal setting and public outreach are not simply exercises conducted by Federal facilities in compliance with environmental requirements. They are useful activi- ‘ ties to support and improve your environmental program. In the private sector, many companies have set aggressive pollution reduction goals and actively strive to publicize their achievements through outreach. Goal setting and outreach are becoming standard operating procedure for today’s businesses. AT&T, for example, has set signtficant goals for reducing air emissions and ozone-depleting chemicals and 3M has pledged a 90-percent reduction of toxic chemicals by the year 2000. Many other companies, spurred in part by the voluntary 33/50 program and mandatory reporting under the TRI, have used goal setting in a very positive way, as demonstrated in Exhibit 4. Federal agencies and facilities

preparation of TRI environmental reports has served as a yardstick for helping facilities track their own progress toward meeting pollution prevention and other environmental goals. In addition, TRI reporting can help your facility identify priority areas for setting additional environmental goals, particularly pollution prevention goals. Reporting under TRI also provides the general public with easy to understand information on the environmental performance of companies and individual facilities in their area.

Facility-specific goals are critical to communicating the direction of your environmental program to facility and agency staff, as well as to the public. Properly developed goals should be easi- ly understood by your stakeholders and integrated into outreach materials. Setting goals also can help measure progress and show good faith and a commitment to achieving tangible results. In addition, setting goals and achieving them provides a sense of accomplish- ment for the facility and staff. This is vital to the continued success of any environmental program.

Develop c _____I _- 6 I Activities/%~~~tWYitiCS

have established similar goals.

If your facility meets reporting

I thresholds specified under EPCRA and TRI, your goal setting and TRI reporting efforts can be interrelated. The

I 1 Establish a Pollution Prevention step 3: Team

Exhibit 3 - Steps in Pollution Prevention Plan Development

Step 1:

6 Section 11: Developing an Environmental Plan and Setting Pollution Prevention Goals

TYPES OF GOALS

There are two general types of goals:

goals set the ground work to win support from stakeholders by providing achievable objectives that a facility can reach in a short period of time. Long-tenn goals define the overall direction of the facility’s approach to addressing environmental issues. Achieving short-tem goals rein- forces the facility’s commitment to reducing waste and makes long-term goals more achievable. Remember that goal setting is not a one-time event. Goals must be examined, modified, and documented regularly as achievements are made and situa- tions change. Use achieved goals to identify improvements and new initiatives for your environmental program. Each goal that you set and achieve is a success story that can improve your relations within the facility, your Agency Headquarters, and the outside community.

Short-term and long-term. Short-term

Wellanceived goals are the stepping stones to reducing or eliminating pollution and establishing a successful envhnmen- tal outreach campaign. However, g d s that are poorly conceived, meaningless, unrealistic, or too conservative will not win the conlidence of stakeholders and do not demonstrate a real commitment to pollution prevention and environmental protection. To develop meaningful goals, you should consider several questions:

Does the facility have an accurate baseline by which to measure success in meeting this goal? How accurately can results be mea- sured? Is the goal achievable within the given timetable? Are technology improvements/ changes or other process modifications necessary before the goal can be achieved? Could any factors outside the facility’s control delay the attainment of these goals?

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111. DEVELOPING AN ENVIRONMENTAL OUTREACH PROGRAM

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Environmental outreach is “the right thing to do” for many reasons. A successful environmental outreach program will improve your relationship with your surrounding local community. Communicat- ing effectively will help you to publicize reductions in releases and the achievement of environmental goals, including those involving pollution prevention. It will also help you to establish a cooperative and trusting relationship between the facility and the community and may lead to the development of new partners in pollution prevention opportunities. An effective outreach program can also support you in reporting activities required under Federal, state, and local regulations. For example, the motivation for EPCRA reporting requirements was that the public has the right to know about potential releases and transfers that can affect human health or the environment. By establishing an outreach program, your facility will be well prepared to conduct outreach as needed. Further, your community will already recognize and trust your facility because of your ongoing outreach activities that describe environmental issues and successes at your facility. This can be critical if an accidental release occurs.

Environmental outreach is an integral part of a facility’s communication network. The facilky uses this network to communicate with stakeholders on a variety of program issues (e.g., employment opportunities, special events, security issues, and environmental compliance requirements). The objectives of the environmental outreach component of this network are to:

Communicate the results and approaches of environmental initiatives to interested stakeholders Actively engage stakeholders in participating in facility development and implementation of environmental goals and projects

Receive input from other stakeholders (e.g., other Federal facilities, EPA, and local and national environmental groups) on new environmental man- agementheduction techniques and opportunities.

Exhibit 5 illustrates the environmental outreach components of a facility’s communication network. Remember that each outreach activity should be directed at a target audience for a specific issue:

Facility. Worker Safety, Pollution Prevention Projects, Compliance Requirements Community. Opennessflmst, Progress in Reducing Environmental Problems, Environmental Justice Goals Agency Headquarters. Compliance, Technology Transfer, Pollution Prevention Successes, Funding Needs Environmental Agencies. Compliance and Progress in Meeting Reduction Goals

Section 11: Developing an Environmental Plan and Setting Pollution Prevention Goals

Environmental Agencies (Federal, State, and Regional)

Exhibit 5 - Outreach Components

llh Environmental Reporting Requirements,

Assistance - Headquarters

*When communicating environmental information to stakeholders, it may be beneficial to coordinate with both the public information spe- cialist and legal counsel at the facility. If these special- ists do not reside at your facility, consult with Agency

:ive the

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Your mission is to ensure that all components of your communication network receive the appropriate information to gain an understanding of your environmental programs.

Each issue area (e.g., compliance or pollution prevention) will have an accompa- nying goal(s). Part of your purpose in these outreach activities is to clearly communicate the facility’s environmental goals. Describe the approach for implementing these goals and the impact of these goals on stakeholders. Remember that your goals should be aligned with the information needs of the audience/stakeholder. Each stakeholder will have an interest in, contribution to, and overall bearing upon different aspects of the environmental program. Therefore, your facility’s outreach program should encourage and support the needs of your stakeholders.

You might use a systematic approach to develop an environmental outreach program. There are basically four steps to developing and implementing an effective environmental outreach program. These steps are cumulative and build upon one another. Completing each of the steps in turn will make completing each succeed- ing step easier and more valuable. The four steps for developing an environmental outreach program are:

1. Identifying stakeholders 2. Identifying information needs 3. Selecting a message and appropriate

level of detail for outreach materials 4. Selecting appropriate outreach tools.

It is important to recognize that developing and implementing an environmental outreach program is a continuous effort. You will need to regularly modify and update your outreach messages and tools based on factors at your facility and in the surrounding community. The factors may include changes in facility operating practices, addition of new staff, successful implementation of pollution prevention projects, identification of new facility goals, addition of new environmental

requirements, and changes in community demographics or concerns.

1. Identifying Stakeholders An important part of any environmental outreach program is the accurate identification of all stakeholders. A stakeholder is any person or organization that has an active or potential interest in the environmental activities of your facility. The following list identifies four primary stakeholders that you and your environmental program will need to target with information on a regular basis:

Facility. Within the facility, a number of individuals play an active role in environmental matters. The facility manager must be informed of all environmental activities and all generators of hazardous material need to be advised of changes in program goals and activities. Public affairs, legal counsel, logistics, and transportation personnel also play an important role with respect to a facility’s environmental activities and must be informed as well. In addition, all staff should be provided with general information about facility activities. Staff who come into contact with or use chemical/hazardous pollutants must be adequately informed of any changes in the management of these substances.

Community. Although each community differs, certain common organizations exist in almost every city and town in the United States. First and foremost, your facility must establish a formal mechanism for communicating with the local governmental body. In addition, you should communicate with neighborhood councils, local environmental groups, environmental justice organizations, community or church associations, local businesses, local media, home owners and other residents, and local schools.

Agency Headquarters. Every agency possesses a chain-of-command or organizational hierarchy as a method of organizing activities and programs

10 Section 111: Developing an Environmental Outreach Program

throughout the country. In most cases, there is a national headquarters and, in some cases, regional or other oversight offices. The headquarters and other related offices act as focal points for producing funding, awards, and technical support for facility environmental programs; collecting information about environmental activities taking place throughout the agency; and reporting environmental and other data to EPA and other regulatory agencies.

Environmental Agencies (State, Regional, EPA Headquarters). Your facility’s environmental communica- tions outreach program should target environmental agencies. Each regulatory organization has offices and staff

dedicated to environmental issues. These organizations are excellent

ance on environmental programs. Many facilities have established “partnerships” with environmental regulators to meet and exceed their environmental goals. It is important to know that regulatory agencies are often willing to sup port and work with cooperative Federal facilities in solving difticult environmental issues. These agencies also highlight program successes and support for outreach programs

SO=S Of technical ~ ~ p p o r t and guid-

2. Identifying Information Needs After you have identified the specific individuals and/or organizations who will be

part of your environmental outreach efforts, you will need to determine the particular type(s) of information they need or want. The information needs or requirements of stakeholders are driven by statutory requirements. Exhibit 6 presents an Information Outreach Matrix that can help you identify the types of information that are often needed by stakeholders. This exhibit also describes this outreach supports your program.

3. Selecting a Message and Appropriate Level of Detail for Outreach Materials

Once you have identified the stakeholders and their individual information needs, you will need to determine what message

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to convey and the level of detail required for each stakeholder group. When selecting your message, consider what each stakeholder group wants to know about your facility. Your message may address the following questions:

What are the facility’s environmental and pollution prevention goals? What are the facility’s past and cur- rent pollution prevention initiatives? What has the facility accomplished in terms of waste reduction and environmental protection? How can the community participate in and benefit from the facility’s pollution prevention activities?

It is also important to focus on the type and amount of information that is needed by each stakeholder group. Burdening stakeholders with excessive data confuses your message and forces them to sift through information for desired content. Conversely, oversimplifying information may not provide the audience with sufficient detail to understand requirements or activities specified in the materials. Regulatory requirements and public demand will often dictate information to be made available to the public. Read the requirements and available guidance carefully and include al l of the appropriate information, as well as other relevant information.

4. Selecting Appropriate

A variety of tools can be used in your environmental outreach program. These include public meetings, issue forums/workshops, conferences, news releases, media events, educational materials (e.g., fact sheets and brochures), training, and hotlines. Your efforts will reflect the resources and information available at the facility level. Exhibit 7 is a Communication Tools Matrix that can assist in evaluating the potential strengths and weaknesses of the numerous available outreach tools.

Outreach Tools

DEVELOPMENT OF TARGETED STRATEGIES

It is important for outreach efforts to be focused. A sound approach is to tailor your outreach efforts for each of your stakeholder groups (e.g., facility staff, community, Agency Headquarters, and environmental agencies). Organizing your outreach by stakeholder allows you to send a specific message and information to each audience. This section provides an overview of appropriate outreach tools that can be used to improve communication with each facility stakeholder group. Some outreach tools are more appropriate for certain stakeholders. Training is a good tool for increasing pollution prevention awareness at a facility, for example, but is inappropriate for transmitting the results of environmental projects to area neighborhoods.

OUTREACH WITHIN THE FACILITY

Outreach within your facility should target the needs of your facility, including all facility staff. The outreach program should try to:

Increase overall awareness of environmental issues and new facility pollution prevention activities Increase success in the achievement of environmental goals Secure additional support for future pollution prevention projects Increase safety in the management of toxic substances.

As you develop this part of your overall environmental outreach program, identify the facility staff members who will be the primary target of your efforts, their roles and responsibilities, and the environmental project information they want or need to know. For example, you will want to put together a concise and informative presentation to your facility manager on all your environmental projects. Your specific objective in this case will be to


Exhibit 7 - Communication Tools

Outreach Tool Strengths Cautions

Public Meetings Good for conducting community relations. Demonstrates openness and good neighbor policy. Ability to address a wide variety of environmental concerns. Forum for community questions, concerns and feedback.

Not well suited for providing in-depth Takes a long time to organize. Attendance can vary. Don’t be discouraged by a poor showing. Attendees will vary greatly in their knowledge of subject matter. Material provided must be developed for all to understand.

~~

Issue Forums/ Workshops/ Conferences

An excellent opportunity to share information and programs with environmental coordinators at other Federal facilities. Provides an opportunity to learn from others.

Takes a long time to organize. Not a good method for quick response to specific problems.

Educational

of individuals can be contacted in this manner.

Centralized Provides the ability to answer specific questions and Resource intensive (time and money Hotlines concerns from all stakeholders. can be significant).

Provides information on technical topics. Can be used

E-mail is a simple and effective method of communicating

The Internet provides a powerful tool for identifying and

Allows the facility the ability to develop their own Home

Quality assurance may be of concern.

Requires some expertise on

May require the purchase of specific hardware and software. Requires periodic updates and maintenance.

-

to publicize your successes.

Electronic/

Communication information systems. - Online with stakeholders.

collecting information on outreach activities being conducted at other Federal facilities and in the private sector.

Page from which they can distribute information on many topics to a wide audience.

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provide the manager with sufficient information to make decisions regardmg your program and highlight the successes you have had in recent projects. You should develop and submit to the facility management an information status report on pollution prevention activities and their impact on waste generation and environmental releases. You can use pamphlets and briefing materials as tools for visually presenting information to complement a presentation.

Another area deserving special mention is the need to inform all facility personnel on the potential dangers from toxic chemicals. This is an important aspect of both EPCR4 and Executive Order 12856, and every facility must develop a program to address this outreach issue. Most facilities should hold regular training classes to educate facility personnel. Exhibit 8 provides an overview of some key stakeholders within your facility, their environmental responsibilities, and potential outreach goals and strategies.

OUTREACH TO THE COMMUNITY

It is critical that the facility and community define their relationship based on trust and open communication concerning environmental issues. Community outreach is an important tool for communicating environmental goals, programs, and successes to your surrounding community. Specific goals for this outreach activity include:

Improving community relations Establishing environmental creden-

Fostering cooperation with local busi- tials

nesses, environmental groups, and associations Demonstrating a concem for environmental justice issues Complying with TFU requirements Soliciting input from the community

Promoting openness Demonstrating tangible results to the public

Making facility operations publicly accountable under right-to-know requirements demonstrates the govemment’s commitment to being a good neighbor. Right-to-know laws also help to disman- tle the shroud of secrecy sometimes associated with Federal govemment operations and to alleviate tensions between Federal facilities and surrounding communities. Community right-to-know laws can be crucial in helping facilities improve environmental quality because they allow facilities to be accountable for their waste management activities. Under right-to-know provisions, the community is entitled to access facility data on the types and amounts of chemicals that are used, generated, spilled, or shipped offsite from the facility.

The right-to-know provisions of EPCRA and Executive Order 12856 encourage the dissemination of information between a facility and the public. Facility staff should view community outreach as a beneficial foundation of good public relations as well as a means to reassure the public that your facility is protecting the environment. Right-to-know is an activity that recognizes that the Federal govemment serves the community. With time, the public will not merely expect information from industry or the govemment on environmental progress, but will begin to welcome it. Federal facilities should jump on the bandwagon early.

One of the first questions to answer before developing an outreach program for your community is Who is in my community? To answer this, you must review the demographics of the community. This will better prepare you to plan an appropriate outreach campaign. For example, you will need to know the range of age, economic status, and level of interest in the environment in your community. In addition, a significant percent- age of your community may speak a language other than English. If so, it would be advisable to produce selected outreach


Exhibit 8 - Facility Outreach Strategies

Individual Environmental Outreach Goal Stakeholder Responsibilities

Outreach Strategy -

Facility Manager Determines facility's Provide sufficient information Use briefing materials to support environmental budget. to make decisions regarding individualized presentations on

Grants approval for all environmental projects.

Acts as spokesperson for facility.

environmental program. environmental programs.

projects.

____

Highlight successes in recent Use status reports during regularly scheduled staff meetings to keep informed.

materials like pamphlets for use Provide with mass media

Shop Managers

logistics and Transportation

Off ices

Facility Personnel

the primary means to

these efforts with an al hotline if resources

e primary means to

ent these efforts with an ental hotline if resources

Provide periodic updateshefresher materials and account for new

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tools in that language to ensure effective communication.

Knowing the demographics of the community will also enable you to identify any particular environmental justice/equi- ty concems. A review of environmental justice issues will determine whether certain groups (for instance, lower income and minority communities) have been dis- proportionally affected by environmental pollution. If this analysis reveals an environmental justice issue, appropriate steps (including environmental outreach) can be taken to address the issue. Your outreach program should inform the affected population that the Federal govemment recognizes potential problems and is actively taking steps to address the issue. It should include a public meeting during which residents can voice their concems and have specific questions answered.

Just as you did for your outreach efforts at the facility level, you will need to develop a specific outreach program for the sur- . rounding community. The community environmental outreach program can be complicated by the diverse set of individual stakeholders and their distinct and sometimes conflicting concems. Once you have identified the individual stakeholders and their concems, you will need to develop an environmental outreach tool and a strategy for reaching that goal. Exhibit 9 provides a community outreach strategy matrix to help in this effort. Keep in mind that facility and community concems differ greatly. You will need to “take the pulse” of the community before developing your own strategy.

COMMUNICATION WITH AGENCY HEADQUARTERS

Unlike the outreach plan that you develop for your community (which must be built upon the needs of a diverse set of individual stakeholders), the outreach plan developed for your Agency Headquarters should be designed around the specific information needs of its organization. The Headquarters’ information

needs stem from Federal and State legal and regulatory requirements. These are often modified and passed on to individual facilities in the form of Agency Directives or other guidance. Therefore, the most important questions to ask are the following:

What types of information does my

Why do they need this information? Is there a required format for submit-

To what ofice or department do 1

What additional information should

Agency require?

ting this information?

need to send the information?

I submit?

The environmental reporting requirements vary for each agency. However, most agencies will require environmental compliance reports (including Notice of violation information), pollution prevention progress reports, budget requests, and environmental project plans for the coming year. Data that demonstrate success in reaching environmental goals and that can be combined with data from other facilities in your agency are important to Headquarters. By examining the data, Headquarters personnel will be able to determine whether the information is both complete and understand- able. If questions arise concerning the data, then you should initiate discussions to clarify the issues.

After you have made a thorough list of the information needs of your Agency, you will need to identify how this information should be presented. In certain cases, Headquarters will have already determined the format. In these instances, try to closely follow the instructions/forms provided. Although completing this type of information request can be tedious, if it is done accurately, completely, and timely, you will create a reputation as a facility where environmental protection is given a high priority. This reputation may help you obtain the funding needed for future environmental projects or result in your facility being selected by the Agency to


Exhibit 9 - Community Outreach Strategies

Individual Stakeholder Environmental Concerns Outreach Goal Outreach Strategy

Elected Officials

The overall health and safety of all residents.

Local Government

Compliance and results in pollution prevention goals.

Provide sufficient (yet not overly technical) information on facility compliance, goals, and future plans.

achievement. Verify compliance and goal

Community Associations

Pollution releases to their neighborhood.

Demonstrate openness and willingness to address their

~~ ~~

Provide regular briefings on general environmental compliance and improvements. Use materials for small group meetings. Also, use high-profile media events, such as a facility walk-through.

Use issue forums and briefings to communicate needed information. Materials should present factual information in a direct and clear manner.

Use public meetings, hotlines, and educational material to communicate your outreach goals.

news and achievement

monstrate openness

A Willing Partner Assistance From Headquarters

The Department of the Interior’s Office of Environmental Policy and Compliance (PEP) has developed a series of 30 pollution prevention fact sheets designed to promote source reduction and recycling in the Department’s bureaus and facilities operating on Federal lands. Each fact sheet identifies pollution prevention and waste minimization techniques for a specific operation or activity, such as metal working, landscaping, laboratories, and vehicle maintenance.

As a means to cooperate with environmental agencies and demonstrate environmental leadership, Westover AFB in Massachusetts volunteered to host a pollution prevention opportunity assessment course sponsored by EPA Region I. The course was attended by environmental officials from numerous facilities located in EPA Region I .

17

pilot new environmental programs and technologies.

If the Agency does not prescribe a particular format for the information, you have an important decision to make. What is the best method or tool to use to present the information? An important factor in this decision is knowing why the Agency wants this information and what Agency personnel are going to do with it. For example, they may want to demonstrate compliance to high-level Agency officials or the achievement of environmental goals. They may want to compile it with information from other facilities into a Report to Congress. The information may be used to satisfy an EPA requirement or for public relations material. Knowing the types of information needed by your Agency is the most crucial piece of information in developing an environmental outreach program for your Agency Headquarters.

Keep in mind that communication is a two-way street. There will be times when you will need feedback from the agency or technical assistance. Thus, it is important to establish a personal rapport with the appropriate Headquarters staff members. Remember that there may be more than one person you will need to communicate with in this regard. Try to understand their needs and develop solid personal relationships.

COMMUNICATION WITH ENVIRONMENTAL AGENCIES (STATE, REGIONAL, EPA)

Outreach efforts to the environmental regulatory agencies can have significant effects on your environmental program. Developing an outreach plan for these organizations should be a high priority for you and your staff. As with your Headquarters organization, your outreach efforts should be developed by closely examining the information needs of the target organization. In addition, cooperation and communication with these regulatory agencies will help you develop a

18

meaningful environmental program that focuses on solving problems and achieving results.

Under Executive Order 12856, two areas that typically are of the most interest to environmental agencies are compliance and pollution prevention programs. In certain instances, the agencies will require written reports and forms in these areas. Try your best to be accurate, complete, and timely in the completion of these requirements. In addition, the regu- lating agency may want to visit your facility. Do not view this as an intrusion on your time or as a visit from the “environmental police” to catch you doing something wrong. Aggressively prepare for the visit and examine the best methods for demonstrating not only your compliance activities, but your pro-active environmental programs as well. Before the visitors anive, discuss an appropriate agenda. This may include an opening briekg on facility operations and environmental programs and a thorough walk- through of the entire facility or an in- depth examination of a particular plant or media release. In either case, prepare briefing materials that are clear, concise, and on target. Anticipate questions your visitors may ask and have answers ready. Make sure to set up a formal “de-brief” after the visit so that you can receive pre- l i m i n a r y feedback from the visit. Make sure you talk about facility successes!

Within the environmental agencies, there are offices and staff dedicated to specific environmental issues. You will need to identify the correct individuals for each of the issues/challenges your facility faces and establish a solid working relationship with that office or individual. In each case (state, regional, national), you will need to identify those agency officials who collect the environmental information you possess or are responsible for assisting you. You may also consider contacting Federal and state programs and offices that specialize in pollution prevention technology transfer, such as state technical assistance programs and Federal demonstration projects.

Section 111: Developing an Environmental Outreach Program

FEDERAL FACILITY ENVIRONMENTAL

OUTREACH GUIDE

IV. PUT"G THE PIECES TOGETHER: IMPLEMENTING YOUR OUTREACH PROGRAM

Your environmental outreach activities are a tool for collecting and distributing information concerning your environmental program. As such, your program should define an approach that meets the specific communication needs of your facility. You should consider the environmental requirements and goals of your program in developing your outreach program. That is, your program should focus on communicating your facility's environmental goals, describing pollution prevention activities, and collecting needed information to support your programs. An environmental outreach program is only valuable if it includes a schedule of and budget resources for specific action items for outreach activities. In addition, your program should also identify specific communication activities.

To develop and implement your outreach program, EPA recommends that facilities develop formal communication strategies as an integral part of their environmental programs. This means that facilities should identify and document outreach activities that will support on-going environmental programs. To do this, EPA suggests that you undertake the following five steps:

Step 1. Identify Issues Federal facilities should develop an environmental baseline and a pollution prevention strategy as required under Executive Order 12856. This baseline should quanti- fy and describe any environmental releases of toxic materials associated with facility operations. EPA encourages facilities to include all environmental impacts in this baselining effort.

Step 2. Goal Setting Using your facility's environmental plan, identify specific environmental goals that the facility will pursue through its environmental program. These goals can

include source reduction, recycling, compliance, and remediation. These goals should be consistent with Federal environmental regulations, Executive Order requirements, state requirements, and Agency goals.

Step 3. Identify Environmental Projects The goals that you set for your facility should reflect the direction that you, facility staff, Agency Headquarters, and the community want to take with the environmental program over the short- and long- term. As part of the planning process, you should use your goals to identify and implement specific support activities that will help you accomplish these goals.

Step 4. Identify Communication and Outreach Activities A subset of the environmental projects that you identify should be specific outreach and communication activities that will support or transfer the results of your environmental programs. Your environmental outreach activities should consider the following factors:

Target audience Outreach tool to be used Staff who will perform or support the

Budgeting needs for conducting out-

Schedule for performing the outreach

outreach activity

reach activities

activities.

Your outreach program ultimately should be an integral part of your facility environmental plan or action items.

Step 5. Conduct Outreach Activities Your ultimate goal in this process is to conduct outreach activities that effectively communicate your message to all stake-

19

holder groups. As such, the h a l step in this process is to ensure that outreach activities are accomplished. You may find that these activities may require modifications or changes over time. Be flexible and use outreach and communication activities as a support activity for other environmental programs and projects.

As the facility coordinator, you can document needed outreach activities in a formal strategy or as an addition to your annual plan. Either way, you should have a clearly defined program that specifies action items, resources required, and pro- posed schedules. Now you face the real challenge of implementing your outreach program by establishing newsletters, developing press releases, participating in cooperative efforts, and spreading the word about the environment, your program, and its accomplishments.

CONCLUSION

Environmental outreach-setting pollution prevention goals and communicating pollution prevention achievements-has become a critical element in the operation . of both private and public sector facilities. Conducting environmental outreach activities can help your facility meet the requirements set forth in Executive Order 12856, EPCRA, and other regulations. The true benefit of environmental outreach, however, is in creating a flow of information to all stakeholders so that they can understand and support your facility’s environmental goals and programs. Developing and implementing an effective environmental outreach program will help enhance your facility’s relationships with its staff, Agency Headquarters, environmental agencies, and surrounding community by informing them of your plans and their respective roles. In addition, a well-designed environmental outreach program can showcase your facility as a environmental leader to each of these stakeholder groups. Environmental outreach is simply “the right thing to do.”

20 Section IF Putting the Pieces Together: Implementing Your Outreach Program

APPENDICES

Appendix A - Executive Order 12856 (Sections that are quoted in main body of text are highlighted). -


21

I THE EXECUTIVE ORDER 1 1 41981

Federal Register Presidential Documents Vol. 58, No. 150

Friday, August 6,1993

Title 3-

The President Executive Order 12856 of August 3,1993

Federal Compliance With Right-to-Know Laws and Pollution Prevention Requirements

WHEREAS, the Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. 11001-11050) (EPCRA) established programs to provide the public with important information on the hazardous and toxic chemicals in their communities, and established emergency planning and notification requirements to protect the public in the event of a release of extremely hazardous substances; WHEREAS, the Federal Government should be a good neighbor to local communities by becoming a leader in providing Information to the public concerning toxic and hazardous chemicals and extremely hazardous substances at Federal facilities, and in planning for and preventing harm to the public through the planned or unplanned releases of chemicals; WHEREAS, the Pollution Prevention Act of 1990 (42 U.S.C. 13101-13109) (PPA) established that it is the national policy of the United States that whenever feasible, pollution should be prevented or reduced a t the source, that pollution that cannot be prevented should be recycled in an environmentally safe manner; that pollution that cannot be prevented or recycled should be treated in an environmentally safe manner; and that disposal or other release Into the environment should be em- ployed only as a last resort and should be conducted in an environmentally safe manner; WHEREAS, the PPA required the Administrator of the Environmental Protection Agency (EPA) to promote source reduction practices in other agencies; WHEREAS, the Federal Government should become a leader in the field of pollution prevention through the management of its facilities, its acquisition practices, and in supporting the development of innovative pollution prevention programs and technologies; WHEREAS, the environmental, energy, and economic benefits of energy and water use reductions are very significant; the scope of innovative pollution prevention programs must be broad to adequately address the highest-risk environmental problems and to take full advantage of technological opportunities In sectors other than industrial manufacturing; the Energy Policy Act of 1992 (Public Law 102-486 of October 24,1992) requires the Secretary of Energy to work with other Federal agencies to significantly reduce the use of energy and reduce the related environmental Impacts by promoting use of energy efficiency and renewable energy technologies; and WHEREAS, as the largest single consumer in the Nation, the Federal Government has the opportunity to realize significant economic as well as environmental benefits of pollution prevention;

AND IN ORDER TO: Ensure that all Federal agencies conduct their facility management and acquisition activities so that, to the maximum extent practicable, the quantity of toxic chemicals entering any wastestream, including any releases to the environment, is reduced as expeditiously as possible through source reduction; that waste that is generated is recycled to the maximum extent practicable; and that any wastes remaining are stored, treated or disposed of in a manner protective of public health and the environment;

41982 Federal Register / Vol. 58, No. 150 / Friday, August 6,1993 / Presidential Documents

Require Federal agencies to report in a public manner toxic chemicals entering any wastestream from their facilities, including any releases to the environment, and to improve local emergency planning, response, and accident notification; and Help encourage markets for clean technologies and safe alternatives to extremely hazardous substances or toxic chemicals through revisions to specifications and standards, the acquisition and procurement process, and the testing of innovative pollution prevention technologies at Federal facilities or in acquisitions;

NOW THEREFORE, by the authority vested in me as President by the Constitu- tion and the laws of the United Slates of America, including the EPCRA, the PPA, and section 301 of title 5, United States Code, it is hereby ordered as follows: Section 1. Applicubility. 1-101. As delineated below, the head of each Federal agency is responsible for ensuring that all necessary actions are taken for the prevention of pollution with respect to that agency3 activities and facilities, and for ensuring that agency’s compliance with pollution prevention and emergency planning and community right-to-know provisions established pursuant to all implementing regulations is- sued pursuant to EPCRA and PPA. 1 102. Except as otherwise noted, this order is applicable to all Federal agencies that either own or operate a “facility” as that term is defined in section 329(4) of EPCRA, if such facility meets the threshold requirements set forth in EPCRA for compliance as modified by section 3-304(b) of this order (“covered facilities”). Except as provided in section 1-103 and section 1-104 below, each Federal agency must apply all of the provisions of this order to each of its covered facilities, including those facilities which are subject, independent of this order, to the provisions of EPCRA and PPA (e.g., certain Government-owned/contractor-operated facilities (COCO’S), for chemicals meeting EPCRA thresholds). This order does not apply to Federal agency facilities outside the customs territory of the United States, such as United States diplomatic and consular missions abroad. 1-103. Nothing in this order alters the obligations which COCO’S and Government corporation facilities have under EPCRA and PPA independent of this order or subjects such facilities to EPCRA or PPA if they are otherwise excluded. However, consistent with section 1-104 below, each Federal agency shall include the releases and transfers from all such facilities when meeting all of the Federal agency’s responsibilities under this order. 1-104. To facilitate compliance with this order, each Federal agency shall provide, in all future contracts between the agency and its relevant contractors, for the contractor to supply to the Federal agency all information the Federal agency deems necessary for it to comply with this order. In addition, to the extent that compliance with this order is made more difficult due to lack of information from existing contractors, Federal agencies shall take practical steps to obtain the information needed to comply with this order from such contractors. Sec. 2-2. Definitions. 2-201. All definitions found in EPCRA and PPA and implementing regulations are incorporated in this order by reference, with the following exception: for the purposes of this order, the term “person”, as defined in section 329(7) of EPCRA, also includes Federal agencies. 2-202. Federal 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. 2-203. Pollution Prevention means “source reduction,” as defined in the PPA, and other practices that reduce or eliminate the creation of pollutants through: (a) increased efficiency in the use of raw materials, energy, water, or other resources; or (b) protection of natural resources by conservation.

Federal Register / Vol. 58, No. 150 / Friday, August 6,1993 / Presidential Documents 41983

2.204. COCO means a Government-owned/contractor-operated facility which is owned by the Federal Government but all or portions of which are operated by private contractors.

2-205. Administrutor means the Administrator of the EPA.

2-206. Toxic Chemicul means a substance on the list described in section 313(c) of EPCRA.

2-207. Toxic Pollutunts. For the purposes of section 3-302(a) of this order, the term “toxic pollutants” shall include, but is not necessarily limited to, those chemicals at a Federal facility subject to the provisions of section 313 of EPCRA as of December 1,1993. Federal agencies also may choose to include releases and transfers of other chemicals, such as “extremely hazardous chemicals” as defined in section 329(3) of EPCRA, hazardous wastes as defined under the Re- source Conservation and Recovery Act of 1976 (42 U.S.C 6901-6986) (RCRA), or hazardous air pollutants under the Clean Air Act Amendments (42 U.S.C. 7403- 7626); however, for the purposes of establishing the agency’s baseline under 3- 302(c), such “other chemicals” are in addition to (not instead of) the section 313 chemicals. The term “toxic pollutants” does not include hazardous waste subject to remedial action generated prior to the date of this order. Sec. 3-3. Implementation.

3-301. Federal Agency Strategy. Within 12 months of the date of this order, the head of each Federal agency must develop a written pollution prevention strategy to achieve the requirements specified in sections 3-302 through 3-305 of this order for that agency. A copy thereof shall be provided to the Administrator, Federal agencies are encouraged to involve the public in developing the required strategies under this order and in monitoring their subsequent progress in meeting the requirements of this order. The strategy shall include, but shall not be limited to, the following elements:

(a) A pollution prevention policy statement, developed by each Federal agency, designating principal responsibilities for development, implementation, and evalu- ation of the strategy. The statement shall reflect the Federal agency’s commitment to incorporate pollution prevention through source reduction in facility management and acquisition, and it shall identify an individual responsible for coordinating the Federal agency’s efforts in this area.

(b) A commitment to utilize pollution prevention through source reduction, where practicable, as the primary means of achieving and maintaining compliance with ail applicable Federal, State, and local environmental requirements. 3-302. Toxic Chemical Reduction Gouls. (a) The head of each Federal agency subject to this order shall ensure that the agency develops voluntary goals to reduce the agency’s total releases of toxic chemicals to the environment and off- site transfers of wch toxic chemicals for treatment and disposal from facilities covered by this order by 50 percent by December 31, 1999. To the maximum extent practicable. *uch reductions shall be achieved by implementation of source reduction practlccs.

(b) The baseline for measuring reductions for purposes of achieving the 50 percent reductlon goal for each Federal agency shall be the first year in which releases of toxic chemicals to the environment and off-site transfers of such chemicals for treatment and disposal are publicly reported. The baseline amount as to which the 50 percent reduction goal applies shall be the aggregate amount of toxic chemicals reported in the baseline year for all of that Federal agency’s facilities meeting the threshold applicability requirements set forth in section 1- 102 of this order. In no event shall the baseline be later than the 1994 reporting year.

(c) Alternatively, a Federal agency may choose to acbieve a 50 percent reduction goal for toxic pollutants. In such event, the Federal agency shall delineate the scope of its reduction program in the written pollution prevention strategy

41984 Federal Register / Vol. 58, No. 150 / Friday, August 6,1993 / Presidential Documents

that is required by section 3-301 of this order. The baseline for measuring reductions for purposes of achieving the 50 percent reduction requirement for each Federal agency shall be the first year in which releases of toxic pollutants to the environment and off-site transfers of such chemicals for treatment and disposal are publicly reported for each of that Federal agency’s facilities encompassed by section 3-301. In no event shall the baseline year be later than the 1994 reporting year. The baseline amount as to which the 50 percent reduction goal applies shall be the aggregate amount of toxic pollutants reported by the agency in the baseline year. For any toxic pollutants included by the agency in determining its baseline under this section, in addition to toxic chemicals under EPCRA, the agency shall report on such toxic pollutants annually under the provisions of section 3-304 of this order, if practicable, or through an agency report that is made available to the public.

(d) The head of each Federal agency shall ensure that each of i ts covered facilities develops a written pollution prevention plan no later than the end of 1995, which sets forth the facility’s contribution to the goal established in section 3-302(a) of this order. Federal agencies shall conduct assessments of their facilities as necessary to ensure development of such plans and of the facilities’ pollution prevention programs. 3-303. Acquisition and Procurement Goals. (a) Each Federal agency shall establish a plan and goals for eliminating or reducing the unnecessary acquisition by that agency of products containing extremely hazardous substances or toxic chemicals. Similarly, each Federal agency shall establish a plan and goal for voluntarily reducing its’ own manufacturing, processing, and use of extremely hazardous substances and toxic chemicals. Priorities shall be developed by Federal agencies, in coordination with EPA, for implementing this section.

(b) Within 24 months of the date of this order, the Department of Defense (DOD) and the General Services Administration (CSA), and other agencies, as appropriate, shall review their agency’s standardized documents, including specifications and standards, and identify opportunities to eliminate or reduce the use by their agency of extremely hazardous substances and toxic chemicals, consistent with the safety and reliability requirements of their agency mission. The EPA shall assist agencies in meeting the requirements of this section, including identifying substi- tutes and setting priorities for these reviews. By 1999, DOD, GSA and other affected agencies shall make all appropriate revisions to these specifications and standards.

(c) Any revisions to the Federal Acquisition Regulation (FAR) necessary to implement this order shall be made within 24 months of the date of this order.

(d) Federal agencies are encouraged to develop and test innovative pollution prevention technologies at their facilities in order to encourage the development of strong markets for such technologies. Partnerships should be encouraged between industry, Federal agencies, Government laboratories, academia, and others to assess and deploy innovative environmental technologies for domestic use and for markets abroad. 3-304. Toxics Release InveniorylPolIuiion Prevention Act Reporting. (a) The head of each Federal agency shall comply with the provisions set forth in section 313 of EPCRA, section 6607 of PPA, all implementing regulations, and future amendments to these authorities, in light of applicable guidance as provided by EPA, (b) The head of each Federal agency shall comply with these provisions without regard to the Standard Industrial Classification (SIC) delineations that apply to the Federal agency’s facilities, and such reports shall be for all releases, transfers, and wastes a t such Federal agency’s facility without regard to the SIC code of the activity leading to the release, transfer, or waste. All other existing statutory or regulatory limitations or exemptions on the application of EPCRA section 313 shall apply to the reporting requirements set forth in section 3-304(a) of this order.

Federal Register / Vol. 58, No. 150 / Friday, August 6,1993 / Presidential Documents 41985

(c) The first year of compliance shall be no later than for the 1994 calendar year with reports due on or before July 1,1995

3-305. Emergency Planning and Community Right-to-Know Reporting Responsibilities, The head of each Federal agency shall comply with the provisions set forth in sections 301 through 312 of EPCRA, all implementing regulations, and future amendments to these authorities in light of any applicable guidance as provided by EPA. Effective dates for compliance shall be: (a) With respect to the provisions of section 302 of EPCRA emergency planning notification shall be made no later than 7 months after the date of this order.

(b) With respect to the provisions of section 303 of EPCRA all information necessary for the applicable Local Emergency Planning Committee (LEPC’s) to prepare or revise local Emergency Response Plans shall be provided no later than 1 year after the date of this order.

(c) To the extent that a facility is required to maintain Material Safety Data Sheets under any provisions of law or Executive order, information required under section 311 of EPCRA shall be submitted no later than 1 year after the date of this order, and the first year of compliance with section 312 shall be no later than the 1994 calendar year, with reports due on or before March 1,1995.

(d) The provisions of section 304 of EPCRA shall be effective beginning January 1, 1994.

(e) These compliance dates are not intended to delay implementation of earlier timetables already agreed to by Federal agencies and are inapplicable to the extent they interfere with those timetables. Sec. 4-4. Agency Coordination. 4-401. By February 1, 1994, the Administrator shall convene an interagency Task Force composed of the Administrator, the Secretaries of Commerce, Defense, and Energy, the Administrator of General Services, the Administrator of the Office of Procurement Policy in the Office of Management and Budget, and such other agency officials as deemed appropriate based upon lists of potential participants submitted to the Administrator pursuant to this section by the agency head. Each agency head may designate other senior agency officials to act in hidher stead, where appropriate. The Task Force will assist the agency heads in the implementation of the activities required under this order. 4-402. Federal agencies subject to the requirements of this order shall submit annual progress reports to the Administrator beginning on October 1,1995. These reports all include a description of the progress that the agency has made in complying with all aspects of this order, including the pollution reductions requirements. This reporting requirement shall expire after the report due on October 1,2001.

4-403. Technical Advice. Upon request and to the extent practicable, the Administra- tor shall provide technical advice and assistance to Federal agencies in order to foster full compliance with this order. In addition, to the extent practicable, all Federal agencies subject to this order shall provide technical assistance, if requested, to LEPC’s in their development of emergency response plans and in fulfillment of their community right-to-know and risk reduction responsibilities. 4-404. Federal agencies shall place high priority on obtaining funding and resources needed for implementing all aspects of this order, including the pollution prevention strategies, plans, and assessments required by this order, by identifying, requesting, and allocating funds through line-item or direct funding requests. Federal agencies shall make such requests as required in the Federal Agency Pollution Prevention and Abatement Planning Process and through agency budget requests as outlined in Office of Management and Budget (OMB) Circulars A-106 and A-11, respectively. Federal agencies should apply to the maximum extent practicable, a life cycle analysis and total cost accounting principles to all projects needed to meet the requirements of this order.

’ 41986 Federal Register / Vol. 58, No. 150 / Friday, August 6,1993 / Presidential Documents

4-405. Federal Government Environmentall Challenge Program. The Adminis- trator shall establish a “Federal Government Environmental Challenge Pro- gram” to recognize outstanding environmental management performance in Federal agencies and facilities. The program shall consist of two components that challenge Federal agencies; (a) to agree to a code of environmental principles to be developed by EPA, in cooperation with other agencies, that empha- sizes pollution prevention, sustainable development and state of-the-art environmental management programs, and (b) to submit applications to EPA for individual Federal agency facilities for recognition as “Model Installations.” The program shall also include a means for recognizing individual Federal employees who demonstrate outstanding leadership in pollution prevention. Sec 5-5. Compliance. 5-501. By December 31,1993, the head of each Federal agency shall provide the Administrator with a preliminary list of facilities that potentially meet the requirements for reporting under the threshold provisions of EPCRA, PPA, and this order. 5-502. The head of each Federal agency is responsible for ensuring that such agency take all necessary actions to prevent pollution in accordance with this order, and for that agency’s compliance with the provisions of EPCRA and PPA. Compliance with EPCRA and PPA means compliance with the same substantive, procedural, and other statutory and regulatory requirements that would apply to a private person. Nothing in this order shall be construed as making the provisions of sections 325 and 326 of EPCRA applicable to any Federal agency or facility, except to the extent that such Federal agency or facility would independently be subject to such provisions. EPA shall consult with Federal agencies, if requested, to determine the applicability of this order to particular agency facilities. 5-503. Each Federal agency subject to this order shall conduct internal reviews and audits, and take such other steps, as may be necessary to monitor compliance with sections 3-304 and 3-305 of this order. 5-504. The Administrator, in consultation with the heads of Federal agencies, may conduct such reviews and inspections as may be necessary to monitor compliance with sections 3-304 and 3.305 of this order. Except as excluded under section 6-601 of this order, all Federal agencies are encouraged to cooperate fully with the efforts of the Administrator to ensure compliance with sections 3-304 and 3-305 of this order. 5-505. Federal agencies are further encouraged to comply with all state and local right-to-know and pollution prevention requirements to the extent that compliance with such laws and requirements is not otherwise already mandated.

5-506. Whenever the Administrator notifies a Federal agency that it is not in compliance with an applicable provision of this order, the Federal agency shall achieve compliance as promptly as is practicable. 5-507. The EPA shall report annually to tho President on Federal agency compliance with the provisions of section 3-304 of this order. 5-508. To the extent permitted by law and unless such documentation is withheld pursuant to section 6-601 of this order, the public shall be afforded ready access to all strategies, plans, and reports required to be prepared by Federal agencies under this order by the agency preparing the strategy, plan, or report. When the reports are submitted to EPA, EPA shall compile the strategies, plans, and reports and make them publicly available as well. Federal agencies are encouraged to provide such strategies, plans, and reports to the State and local authorities where their facilities are located for an additional point of access to the public.

Federal Register / Vok 58, No. 150 / Friday, August 6,1993 / Presidential Documents 41987

Sec. 6-6. Exemption.

6-601. In the interest of national security, the head of a Federal agency may request from the President an exemption from complying with the provisions of any or all aspects of this order for particular Federal agency facilities, provided that the proce- dures set forth in section 120U)(l) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. 9620(J)(l)), are followed. To the maximum extent practicable, and without compromising national security, all Federal agencies shall strive to comply with the purposes, goals, and implementation steps set forth in this order. Sec. 7-7. General Provisions. 7-701. Nothing in this order shall create any right or benefit, substantive or procedural, enforceable by a party against the United States, its agencies or instrumentali- ties, its officers or employees, or any other person.

THE WHITE HOUSE, August 3, 1993.

(FR DOC/ 93-19069

Filed 8-4-93; 4:37 pm]

Billing code 3195-01-P