Executive Order Strengthening Federal Environmental, Energy and Transportation Management EMS Requirements and Expectations

Agenda EMS requirements in EO and the Instruction Federal environmental, energy, and transportation Executive Order history and lessons learned Expectations for the future DISCUSSION

The Requirement - the EO Sec. 3. Duties of Heads of Agencies. In implementing the policy set forth in section 1 of this order, the head of each agency shall: (b) implement within the agency environmental management systems (EMS) at all appropriate organizational levels to ensure (i) use of EMS as the primary management approach for addressing environmental aspects of internal agency operations and activities, including environmental aspects of energy and transportation functions, (ii) establishment of agency objectives and targets to ensure implementation of this order, and (iii) collection, analysis, and reporting of information to measure performance in the implementation of this order;

The Requirement in the Instruction Overarching Policies and Directives - In implementing the policy, goals, and objectives of E.O , agencies shall apply the following overarching directives: –(1) Environmental management systems. E.O directs Federal agencies to implement environmental management systems (EMS) at all appropriate organizational levels to ensure the use of EMS as the primary management approach for addressing environmental aspects of internal agency operations and activities, including the environmental aspects of energy and transportation functions; establishment of agency objectives and targets to ensure implementation of the E.O.; and collection, analysis, and reporting of information to measure performance in the implementation of the E.O.

The Requirement in the Instruction Each agency shall, at all appropriate organizational levels, including agency, sub- agency, bureau, service, command, and/or facility, develop, implement, and maintain an EMS to be used to identify and address agency environmental, transportation, and energy issues.

The Requirement in the Instruction EMS Applicability At appropriate level – reflects degree of management control –Impacts resulting from operations are addressed at operational level –Impacts resulting from managerial decision-making are addressed at that organizational level Tenant, contractor or concessionaire activities affecting E.O. issues are addressed in EMS –Contractor roles and responsibilities are included in contract language –Activities on public lands are, at a minimum considered by the EMS

The Requirement in the Instruction Management of the EMS Follow ISO 14001:2004(E) Standard EMS “Objectives” include goals in section 2 of the E.O. Identify, manage and improve sustainable practices in E.O. Identify and collect performance measurement information Support compliance with environmental and energy regulations Support other objectives identified by the organization Reviewed and updated annually Includes commitment to proactive communication with interested parties

The Requirement in the Instruction EMS Schedule Where facility is previously identified as “appropriate,” the EMS must be fully implemented by December 2008 (agencies can get an exception) Schedule for “New” EMSs will be negotiated with OFEE.

The Requirement in the Instruction EMS Conformance “Full Implementation” –Subject of a formal audit by a qualified party outside the control or scope of the EMS –Audit findings recognized by the appropriate level of management within the EMS –Senior manager accountable for implementation has declared conformance to the EMS requirements Once conformance is declared, EMS must be audited at least every three years – agencies can decide on renewal of declaration

The Requirement in the Instruction EMS Additional Guidance EPA to develop guidance in coordination with OFEE and DOE on incorporating new E.O. goals into the EMS framework (Electronics, Green Building …) EPA, with the help of the Interagency Environmental Leadership Workgroup, will issue additional guidance as appropriate Agencies/facilities should not wait on guidance to continue development/implementation of their EMS

The Requirement - Conclusion EMS is ultimately the primary framework for implementing goals and measuring progress Where there are existing sustainable practice programs, they should be integrated into existing and future EMSs Collection, analysis and reporting of information will be facilitated by EMS implementation

Expectations It helps to know where we have been when we are interested in where we should be going.

Environmental, Energy and Transportation Management In the beginning: EO Federal compliance with pollution control standards (October 1978) –… ensuring that all necessary actions are taken for the prevention, control, and abatement of environmental pollution with respect to Federal facilities and activities under the control of the agency –submit to the Director of the Office of Management and Budget, through the Administrator, an annual plan for the control of environmental pollution Early 1990s –EO “Federal Energy Management” (April 1991) – reduce energy use by 20% by 2000 –EO “Federal Recycling …” (October 1991) ” – waste reduction and recycling – acquisition policies – agency “Recycling Coordinator”

Environmental, Energy and Transportation Management EO Ozone depleting chemicals phase out (April 1993 ) EO Alt Fuel Vehicle accelerated purchase (April 1993) EO Energy efficient computers and computer equipment (April 1993) EO Right to know and pollution prevention (August 1993) –Agency development of a pollution prevention strategy –“Covered facilities” prepare P2 plan to reduce release of toxic chemicals –Code of Environmental Management Principles EO Alt Fuel Vehicle leadership (December 1996)

Environmental, Energy and Transportation Management EO Greening the Government Through Waste Prevention, Recycling, and Federal Acquisition (1998) EO Greening the Government Through Efficient Energy Management (1999) EO Greening the Government Through Leadership in Environmental Management (2000) EO Greening the Government Through Federal Fleet and Transportation Efficiency (2000) EO Energy Efficient Standby Power Devices (2001) EO Facilitation of Cooperative Conservation (2004)

Environmental, Energy and Transportation Management Recent Initiatives “home grown” sustainability efforts: –Sustainable Design Building –Electronics Stewardship –Emerging contaminants –Outreach and “partnerships”

What have we learned? Significant progress has been made - but not as much as hoped Executive Orders (and some laws) and “initiatives” that promote environmental, energy and transportation stewardship have not always faired well in a climate of budget limitations and competing priorities While strategies were developed, implementation and follow through were likewise victims of competing priorities The “management elements” of accountability and adequate resource allocation were commonly lacking Most of the efforts were “stove piped” and therefore competed with each other for senior-level and field-level recognition, and resources Facilities and operations were confused about priorities Information and data collection was not as robust as needed and its utility was unclear The efforts did not reflect, and were not tied to the mission of the organization and its people We were at a tipping point where we must better manage these issues or they will collectively fail

So what’s the fix? A proven tool that is specifically designed to help an organization manage its activities and allow successful pursuit of that organization’s environmental policies and goals (including environmental aspects of energy and transportation activities).

EMS As defined in ISO an EMS is; “part of an organization’s management system used to develop and implement its environmental policy and manage its environmental aspects” EO Section 1. Policy. It is the policy of the United States that Federal agencies conduct their environmental, transportation, and energy-related activities under the law in support of their respective missions in an environmentally, economically and fiscally sound, integrated, continuously improving, efficient, and sustainable manner.

Plan-Do-Check-Act Policy Continual Improvement Planning Implementation & Control Checking & Corrective Action Management Review

Expectations At “existing appropriate facilities” EMS continues to be implemented and deployed and will be maintained - EMSs will be reviewed and improved to incorporate the goals of the E.O. Agencies and other organizational levels will review the E.O. requirements and develop additional EMSs to address sustainable practices – at the facility and other levels all the way up to agency-level EMS implementation At “existing appropriate facilities” and under “new” efforts, EMS will serve as the framework for addressing environmental aspects of facility environmental, energy and transportation activities – the goals of the E.O. will be incorporated as objectives of the EMS As appropriate, the Instruction and any guidance developed by OMB, CEQ, OFEE or the various working groups will be incorporated in each EMS

Expectations EO is a “legal and other requirement” that must be recognized by the EMS The goals identified in Section 2 must be recognized in the “objectives and targets” of the EMS The Instruction and other guidance documents will affect EMS “operational controls” The “monitoring and measurement” element of the EMS will provide the information needed to determine progress towards the “objectives and targets” EMS “management review” must respond to the management needs to support the “objectives and targets”

The result A systematic, flexible framework for –Accountability –Identification of resources needs –Management awareness of progress towards goals and acknowledgement of resource needs –Better ability to determine if progress towards the goals is being made and if not what alternative course is available –Continual improvement towards the goals of E.O

What’s the future? Greater expectations – we have come this far, there is no going back

Sustainable Operations EMS/ Functional Integration P2/Pursuit of Excellence Acceptance & Compliance Tolerance Denial Evolution of Environmental Management Adapted from ALCOA Presentation, “Our Story,” Pentagon, March 2001