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                              GAM Part 30 Executive Order 12856
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HHS General Administration Manual Part 30 Environmental Protection








  
  
    

  
      





**(as of February 25, 2000)**

SUBJECT: Executive Order 12856, Federal Compliance with Right-To-Know Laws and Pollution Prevention Requirements

30-80-00-- Background30-80-05-- Applicability30-80-10-- Responsibilities30-80-15-- Definitions30-80-20-- Pollution Prevention Strategy30-80-30-- Toxic Chemical Reduction Goals30-80-40-- Pollution Prevention Plan30-80-50-- Acquisition and Procurement Plans and Goals30-80-60-- EPCRA and Pollution Prevention Act Responsibilities30-80-70-- Compliance30-80-80-- Public Availability of Information30-80-90-- Funding and Resources

30-80-00 -- Background

The objective of Executive Order 12856, August 3, 1993 (58 FR 41981), is to foster the Federal government as 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. The Order also encourages the Federal government to be 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. Executive Order 12856 seeks 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;
	Waste that is generated is recycled to the maximum extent practicable; and
	Any wastes remaining are stored, treated, or disposed of in a manner protective of public health and the environment.

	Executive Order 12856 requires Federal agencies to comply with the requirements 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). EPCRA establishes programs to provide the public with important information on the hazardous and toxic chemicals in their communities and emergency planning and notification requirements to protect the public in the event of release of extremely hazardous substances. The order requires 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. Facilities that are subject to EPCRA are required to provide information and reports to EPA and state and local groups. Five distinct reporting requirements are contained in EPCRA. Each of these reporting requirements and other facility responsibilities under EPCRA and Executive Order 12856 are described in chapter 30-60.

	The PPA establishes national policy that pollution is to be prevented or reduced at the source. The Act also requires the reporting of efforts to reduce toxic chemical releases through source reduction and recycling. The PPA reporting requirement and other facility responsibilities under the PPA and Executive Order 12856 are described in chapter 30-70.

	Executive Order 12856 also places other responsibilities on federal agencies that are not contained in EPCRA or PPA. It requires Federal agencies to develop voluntary goals to reduce total releases of toxic chemicals to the environment and off-site transfers of such toxic chemicals for treatment and disposal; a pollution prevention strategy and plan; a plan and goals for eliminating or reducing the unnecessary acquisition of products containing extremely hazardous substances or toxic chemicals; and a plan and goals for voluntarily reducing agency manufacturing, processing, and use of extremely hazardous substances and toxic chemicals. These additional responsibilities under Executive Order 12856 are described in this chapter.

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	30-80-05 -- Applicability

	Covered Facilities. Executive Order 12856 is applicable to all OPDIVs/ STAFFDIVs that either own or operate a "facility" as that term is defined in EPCRA section 329(4) (42 U.S.C. ' 11049(4)), if such facility meets EPCRA's threshold requirements for compliance. Each of the threshold requirements for EPCRA compliance are discussed in chapter 30-60. The statutory definition of "facilities":

		all buildings, equipment, structures, and other stationary items which are located on a single site or on contiguous or adjacent sites and which are owned or operated by the same person (or by any person which controls, is controlled by, or under common control with, such person). For purposes of emergency release notification, the term includes motor vehicles, rolling stock, and aircraft.

		EPA regulations revise the statutory definition of facility to include "manmade structures in which chemicals are purposefully placed or removed through human means such that it functions as a containment structure for human use." (40 CFR '' 355.20, 370.2). The purpose of the revision was to clarify that the definition applies to certain subsurface structures.

		Each OPDIV/STAFFDIV must apply all of the provisions of Executive Order 12856 to each of its covered facilities, including those facilities which are subject, independent of the Executive Order, to the provisions of EPCRA (e.g., certain government-owned/contractor-operated facilities (GOCOS)).

		Executive Order 12856 does not apply to Federal agency facilities outside the customs territory of the United States. EPA may be consulted to determine the applicability of Executive Order 12586 to particular OPDIV/STAFFDIV facilities.
		Preliminary List of Covered Facilities. The Secretary was required by Executive Order 12856 to provide the EPA Administrator by December 31, 1993, with a preliminary list of facilities that potentially meet the requirements for reporting under the threshold provisions of EPCRA, PPA, and Executive Order 12856.
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	30-80-10 -- Responsibilities

	The head of each OPDIV/STAFFDIV is responsible for ensuring that all necessary actions are taken for the prevention of pollution with respect to that organization's activities and facilities, and for ensuring compliance with the appropriate pollution prevention and emergency planning and community right-to-know provisions of the PPA and EPCRA. To the maximum extent practicable, the head of each OPDIV/STAFFDIV shall strive to comply with the purposes, goals, and implementation steps set forth in Executive Order 12856.

	HHS Headquarters has developed the Pollution Prevention Strategy. The head of each OPDIV/STAFFDIV with facilities covered by the Executive Order must ensure that the organization develops, consistent with the HHS Pollution Prevention Strategy,:

	Voluntary goals to reduce the organization's total releases of toxic chemicals to the environment and off-site transfers of such toxic chemicals for treatment and disposal from facilities covered by Executive Order 12856;
		A written pollution prevention plan;
		A plan and goals for eliminating or reducing the unnecessary acquisition of products containing extremely hazardous substances or toxic chemicals;
		A plan and goals for voluntarily reducing manufacturing, processing, and use of extremely hazardous substances and toxic chemicals.
	The OPDIV/STAFFDIV shall submit progress reports, conduct internal reviews and audits, and take such other steps as may be necessary to monitor compliance with the requirements of this chapter and Executive Order 12856. The head of each OPDIV/STAFFDIV with facilities covered by the Executive Order shall also place high priority on obtaining funding and resources needed for implementing all aspects of this chapter and Executive Order 12856.

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	30-80-15 -- Definitions

	Executive Order 12856 incorporates by reference all definitions found in EPCRA and PPA and implementing regulations (except the term "person", as defined in section 329(7) (42 U.S.C. ' 11049(7)) of EPCRA, also includes Federal agencies). The following definitions are used in this chapter and chapters 30-60 and 30-70:

	Extremely Hazardous Substance. An "extremely hazardous substance" is defined in EPCRA section 329(3) (42 U.S.C. ' 11049(3)) and EPA regulations in 40 CFR ' 355.20 to mean a substance that is listed in Appendices A (in alphabetical order) and B (by CAS number) of 40 CFR Part 355.
		Pollution Prevention. Pollution prevention is defined in section 2-203 of Executive Order 12856 to mean "source reduction," as defined in the PPA, and other practices that reduce or eliminate the creation of pollutants through:

		Increased efficiency in the use of raw materials, energy, water, or other resources; or
			Protection of natural resources by conservation.
		EPA has issued a Statement of Definition of Pollution Prevention that is identical to the definition in Executive Order 12856 (Memorandum from F. Henry Habicht II, Deputy Administrator, Environmental Protection Agency, Subject: EPA Definition of "Pollution Prevention", to All EPA Personnel (May 28,1992)). The Statement of Definition explains that recycling, energy recovery, treatment, and disposal are not included within EPA's definition of pollution prevention. In distinguishing between prevention of pollution and recycling, EPA includes "in­process recycling" within the definition of & pollution prevention." "Out-of-process recycling" is part of recycling and is not part of the definition. The Statement of Definition also comments that recycling that is conducted in an environmentally sound manner shares many of the advantages of prevention -- it can reduce the need for treatment or disposal, and conserve energy and resources.

		Note: A different definition of pollution prevention is used in guidance from the Council on Environmental Quality in NEPA matters (see 30-50-50).
		Source Reduction. "Source reduction" is defined in PPA section 6603(5) (42 U.S.C. ' 13102(5)) to mean any practice that:

		Reduces the amount of any hazardous substance, pollutant or contaminant entering any waste stream or otherwise released into the environment (including fugitive emissions) prior to recycling, treatment, disposal; and
			Reduces the hazards to public health and the environment associated with the release of such substances, pollutants, or contaminants.
		The term includes equipment or technology modifications, process or procedure modifications, reformulation or redesign of products, substitution of raw materials, and improvements in housekeeping, maintenance, training, or inventory control.

		The term "source reduction" does not include any practice that alters the physical, chemical, or biological characteristics or the volume of a hazardous substance, pollutant, or contaminant through a process or activity that is not integral to and necessary for producing a product or providing a service.
		Toxic Chemical. Toxic chemical means a substance on the list described in section 313(c) of EPCRA (42 U.S.C. ' 11023(c)) and contained in 40 CFR ' 372.65 (see 30-60-70).
		Toxic Pollutants. Under the provisions of section 313 of EPCRA as of December 1, 1993 (see 30-60-70), OPDIVs/ STAFFDIVs may choose to include releases and transfers of other chemicals, such as:

		An "extremely hazardous substance" as defined in section 329(3) of EPCRA (42 U.S.C. ' 11 049(3)) and listed in 40 CFR Part 355, Appendices A & 8 (see 30-60-20 and -30);
			A "hazardous waste" under section 3001 of RCRA (42 U.S.C. '' 6921) as defined in 40 CFR ' 261.3 (see section 30-00-30); or
			A "hazardous air pollutant" listed under section 1 1 2(b) of the Clean Air Act (42 U.S.C. ' 7412(b)) (see 30-00-30).
		For the purposes of establishing the OPDIV/STAFFDIV baseline under subsection C of section 30-80-30, such "other chemicals" are in addition to (not instead of the EPCRA section 313 chemicals. The term "toxic pollutants" does not include hazardous waste subject to remedial action generated prior to August 3, 1993.Back to top

	30-80-20 -- Pollution Prevention Strategy

	Achievement of Executive Order 12856 Requirements. The HHS Pollution Prevention Strategy was developed to achieve the following requirements specified in sections 3-302 through 3-305 of Executive Order 12856:

		Toxic Chemical Release Reduction Goals. Voluntary goals to reduce the Department's total releases of toxic chemicals or toxic pollutants to the environment and off-site transfers of such toxic chemicals or toxic pollutants for treatment and disposal from facilities covered under Executive Order 12856 by 50 percent by December 31, 1999, utilizing, to the maximum extent practicable, source reduction practices.
			Acquisition and Procurement Goals and Plans. Plans and goals for eliminating or reducing the unnecessary acquisition of products containing extremely hazardous substances or toxic chemicals and a plan and goal for voluntarily reducing manufacturing, processing, and use of extremely hazardous substances and toxic chemicals.
			Toxic Chemical Release lnventory and Pollution Prevention Act Reporting. Compliance with the provisions in EPCRA section 313 (42 U.S.C. ' 11023) and PPA section 6607 (42 U.S.C. ' 13106) and all implementing regulations.
			Emergency Planning and Community Right-to-Know Reporting Responsibilities. Compliance with the provisions set forth in sections 301 through 312 of EPCRA (42 U.S.C. ' 11001-11022) and all implementing regulations
		Strategy Contents. The Pollution Prevention Strategy includes the following elements:

		Pollution Prevention Policy Statement. The HHS Pollution Prevention Strategy contains a Pollution Prevention Policy Statement that reflects the Department's commitment to incorporate pollution prevention through source reduction in facility management and acquisition. The statement designates principal responsibilities for development, implementation, and evaluation of the strategy. The statement also identifies an individual responsible for coordinating the Department's efforts in pollution prevention.
			Source Reduction Commitment. The Pollution Prevention Strategy commits the Department to utilize pollution prevention through source reduction, where practicable, as the primary means of achieving and maintaining compliance with all applicable federal, state, and local environmental requirements.
			Executive Order 12856 Achievement Plan. The strategy contains plans for achieving the requirements specified in sections 3-302 through 3-305 of Executive Order 12856, as summarized in subsection A of this section.Back to top

	30-80-30 -- Toxic Chemical Reduction Goals

	OPDIV/STAFFDIV Toxic Chemical Release Reduction Goals. Each OPDIV/STAFFDIV having facilities covered by Executive Order 12856 shall develop voluntary goals to reduce total releases of toxic chemicals to the environment and off-site transfers of such toxic chemicals for treatment and disposal by 50 percent by December 31, 1999. To the maximum extent practicable, such reductions shall be achieved by implementation of source reduction practices.
		Baseline Measurement. The baseline for measuring reductions for purposes of achieving the 50 percent reduction goal in subsection A of this section for each OPDIV/STAFFDIV is 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 to which the 50 percent reduction goal applies is the aggregate amount of toxic chemicals reported in the baseline year for all of that OPDIV/STAFFDIV's covered facilities. In no event shall the baseline be later than the 1994 reporting year.
		Alternate Toxic Pollutants Reduction Goal. As an alternative to a 50 percent reduction goal for toxic chemicals, an OPDIV/STAFFDIV may choose to achieve a 50 percent reduction goal for toxic pollutants. In such event, the OPDIV/STAFFDIV shall delineate the scope of its reduction program in the written pollution prevention plan that is required by section 30-80-40. The baseline for measuring reductions for purposes of achieving the 50 percent reduction requirement for each OPDIV/STAFFDIV 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 OPDIV/STAFFDIV's facilities encompassed by its pollution prevention plan. 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 OPDIV/STAFFDIV in the baseline year. For any toxic pollutants included by the OPDIV/STAFFDIV in determining its baseline under this section, in addition to toxic chemicals under EPCRA, the OPDIV/STAFFDIV shall report on such toxic pollutants annually as part of its toxic chemical release inventory report (see 30-60-70), if practicable, or through a report that is made available to the public.Back to top

	30-80-40 -- Pollution Prevention Plan

	Pollution Prevention Plan. The head of each OPDIV/STAFFDIV shall ensure that each of its covered facilities develops a written Pollution Prevention Plan. Each facility plan shall set forth the facility's contribution to the OPDIV's/STAFFDIV's toxic chemical reduction goals (see 30-90-30).
		Facility Assessments. OPDIVs/STAFFDIVs shall conduct assessments of their facilities as necessary to ensure development of facility pollution prevention plans and pollution prevention programs.Back to top

	30-80-50 -- Acquisition and Procurement Plans and Goals

	Plans and Goals

		Toxic Chemical Acquisition Reduction Plan and Goals. Each OPDIV/STAFFDIV shall establish a plan and goals for eliminating or reducing the unnecessary acquisition of products containing extremely hazardous substances or toxic chemicals.
			Toxic Chemical Use Reduction Plan and Goal. Each OPDIV/STAFFDIV shall establish a plan and goal for voluntarily reducing its own manufacturing, processing, and use of extremely hazardous substances and toxic chemicals
		Specifications and Standards Review. OPDIVs/STAFFDIVs shall also review (in coordination with GSA, EPA, and other Federal agencies where appropriate) their standardized documents, including specifications and standards, and identify opportunities to eliminate or reduce the use of extremely hazardous substances and toxic chemicals, consistent with the safety and reliability requirements of their missions. All
		Coordination with EPA. Each OPDIV/STAFFDIV shall establish priorities for implementing this section in coordination with EPA.
		Innovative Pollution Prevention Technologies. OPDIVs/STAFFDIVs 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 abroadBack to top

	30-80-60 -- EPCRA and Pollution Prevention Act Responsibilities

	Emergency Planning and Community Right-to-Know Responsibilities. The head of each OPDIV/STAFFDIV is responsible for assuring compliance with the provisions set forth in sections 301 through 312 of EPCRA (42 U.S.C. '' 11001-11022). Procedures for complying with these requirements are contained in chapter 30-60.
		Toxic Chemical Release Inventory and Pollution Prevention Act Reporting. The head of each OPDIV/STAFFDIV is responsible for assuring compliance with the reporting requirements set forth in EPCRA section 313 (42 U.S.C. ' 11023) and PPA section 6607 (42 U.S.C. ' 13106). Procedures for complying with these reporting requirements are contained in chapters 30-60 and 30-70. In accordance with Executive Order 12856, each OPDIV/STAFFDIV shall comply with these reporting requirements without regard to the Standard Industrial Classification (SIC) delineations that apply to the organization's facilities, and such reports shall be for all releases, transfers, and wastes at such facilities without regard to the SIC code of the activity leading to the release, transfer, or waste.Back to top

	30-80-70 -- Compliance

	Scope of Compliance. Executive Order 12856 provides that 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.
		Internal Reviews. OPDIVs/STAFFDIVs shall conduct internal reviews and audits, and take such other steps as may be necessary, to monitor compliance with the requirements of this chapter and Executive Order 12856, including conducting assessments of their facilities to ensure development of facility pollution prevention plans and pollution prevention programs.
		Annual Progress Reports

		HHS Annual Report to EPA. The Secretary will submit annual progress reports to the EPA Administrator beginning on October 1, 1995. These reports will include a description of the progress that has been made in complying with all aspects of Executive Order 12856, including pollution reduction requirements. This reporting requirement expires after the report due on October 1, 2001. All OPDIVs/STAFFDIVs must institute procedures that will permit timely progress reporting by OPDIV/STAFFDIV facilities and the gathering of information for the Secretary's report.
			EPA Annual Report to President. Executive Order 12856 requires EPA to submit an annual report to the President on Federal agency compliance with toxic chemical release inventory reporting under EPCRA section 313 and toxic chemical source reduction and recycling reporting under PPA section 6607 (see chapters 30-60 and 30-70). All OPDIVs/STAFFDIVs must institute procedures that will permit timely progress reporting to EPA for its report to the President.
		Contractor Reporting Responsibilities. To facilitate compliance with Executive Order 12856, OPDIVs/STAFFDIVs shall provide, in all future contracts between the organization and its relevant contractors, for the contractor to supply to the OPDIV/STAFFDIV all information that the OPDIV/STAFFDIV deems necessary for it to comply with the order. In addition, to the extent that compliance with Executive Order 12856 is made more difficult due to lack of information from existing contractors, OPDIVs/STAFFDIVs shall take practical steps to obtain the information needed to comply with the order from such contractors. Although Executive Order 12856 does not alter the obligations which GOCOs have under EPCRA and PPA independent of the order or subjects such facilities to EPCRA or PPA if they are otherwise excluded, the releases and transfers from all such facilities are to be included when meeting all of the OPDIV's/STAFFDIV's responsibilities under Executive Order 12856.
		Technical Assistance from EPA. OPDIVs/STAFFDIVs are encouraged to request technical advice and assistance from EPA in order to foster full compliance with Executive Order 12856 and this chapter.
		Technical Assistance to Local Emergency Planning Committees. OPDIVs/STAFFDIVs shall provide technical assistance, if requested, to local emergency planning committees in their development of emergency response plans and in fulfillment of their community right-to-know and risk reduction responsibilities (see 30-60).
		EPA Review.Executive Order 12856 provides that the Administrator of EPA, in consultation with the Secretary, may conduct such reviews and inspections as may be necessary to monitor compliance with HHS responsibilities under EPCRA (see 30-60) and the PPA (see 30-70). OPDIVs/STAFFDIVs are to cooperate fully with the efforts of the Administrator to ensure compliance with Executive Order 12856. Should the Administrator notify an OPDIV/STAFFDIV that it is not in compliance with an applicable provision of Executive Order 12856, the OPDIV/STAFFDIV shall achieve compliance as promptly as is practicable.
		State and Local Right-to-Know Requirements. OPDIVs/STAFFDIVs are 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.
		Exemption for Particular Federal Facilities. Section 6-601 of Executive Order 12856 provides that the head of a Federal agency may request from the President, in the interest of national security, an exemption from complying with the provisions of any or all aspects of the order for particular Federal agency facilities, provided that the procedures set forth in CERCLA section 1200)(1) (42 U.S.C. ' 9620(j)(1)) are followed.Back to top

	30-80-80 -- Public Availability of Information

	To the extent permitted by law, and unless such documentation is withheld pursuant to section 6-601 of Executive Order 12856, the public shall be provided ready access to all strategies, plans, and reports required to be prepared by the Department or an OPDIV/STAFFDIV under Executive Order 12856. OPDIVs/STAFFDIVs 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.

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	30-80-90 -- Funding and Resources

	Each OPDIV/STAFFDIV shall place high priority on obtaining funding and resources needed for implementing all aspects of this chapter and Executive Order 12856, including the pollution prevention strategies, plans, and assessments required by Executive Order 12856, by identifying, requesting, and allocating funds through line-item or direct funding requests. OPDIVs/STAFFDIVs are to make such budget requests as required in the Federal Agency Pollution Prevention and Abatement Planning Process and through budget requests as outlined in Office of Management and Budget (OMB) Circular A-11. OPDIVs/STAFFDIVs 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 chapter and Executive Order 12856.

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	Last Revised: October 17, 2003

                    
  


Content created by Program Support Center (PSC) Content last reviewed July 9, 2014 Back to top
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