From Acquisition to Disposal Federal Rules for Greening

From Acquisition to Disposal: Federal Rules for Greening the Asset Management Chain National Property Management Association National Education Seminar Las Vegas, Nevada July 25 -28, 2011 Barbara Matos Department of Veterans Affairs National Property Management Association

Overview l l l Federal Footprint Environmental & Energy Mandates Sustainable Practice Areas • • • l l Green Purchasing Recycling Electronics Stewardship Toxic Chemical Reduction Greenhouse Gas Emissions Reduction Reports & Measures Resources & Tools National Property Management Association 2

Personal Property Management Principles 1. 2. 3. 4. 5. 6. 7. 8. Maximize the return on your investment. Do life-cycle cost analysis. Calculate & communicate environmental & energy benefits Manage the inventory effectively. Reduce the purchase, use, & disposal of hazardous materials Minimize the cost of your management systems. Implement environmental management system (EMS) Make excess the first source of supply. Think “green” at the start of the acquisition process Maximize reuse. Conserve energy & natural resources Meet national disposition objectives. Use environmentally sound disposition practices Enhance recycling and energy conservation efforts. Ditto! Ensure property managers are well trained. NPMA!! Include awareness of environmental requirements National Property Management Association 3

Key Environmental & Energy Mandates 1970 – National Environmental Policy Act (NEPA) 1970 – Clean Air Act (CAA) 1972 – Clean Water Act (CWA) 1976 – Resource Conservation and Recovery Act (RCRA) 1976 – Toxic Substances Control Act (TSCA) 1980 – Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) 1990 – Pollution Prevention Act (PPA or P 2 Act) 1992 – National Energy Conservation Policy Act (NECPA) 2002 – Farm Security and Rural Investment Act (FSRIA) 2005 – Energy Policy Act (EPAct) 2007 – Energy Independence and Security Act (EISA) 2007 – EO 13423, Strengthening Federal Environmental , Energy, and Transportation Management 2009 – EO 13514, Federal Leadership in Environmental, Energy, and Economic Performance Federal Acquisition Regulation National Property Management Association 4

Resource Conservation and Recovery Act of 1976 (RCRA) l l l Establishes controls/programs for the management of hazardous, solid, & universal wastes (Recycling) Requires federal agencies to establish procurement preference programs for products with recovered materials designated by EPA in its Comprehensive Procurement Guideline (CPG) (sec. 6002, RCRA) (Green Purchasing) EPA has the enforcement authority to ensure compliance with RCRA requirements. National Property Management Association 5

Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) l l l Provides a federal "Super. Fund" to clean up uncontrolled or abandoned hazardous-waste sites as well as accidents, spills, & other emergency releases of pollutants & contaminants into the environment Gives the EPA authority to find the parties responsible for any release & to ensure their cooperation in the cleanup Enforcement through financial & criminal penalties National Property Management Association 6

Pollution Prevention Act of 1990 (PPA) U. S. Government Policy: l l “…Pollution should be prevented or reduced at the source whenever feasible; Pollution that cannot be prevented should be recycled in an environmentally safe manner, whenever feasible; Pollution that cannot be prevented or recycled should be treated in an environmentally safe manner whenever feasible; and, Disposal or other release into the environment should be employed only as a last resort and should be conducted in an environmentally safe manner. " National Property Management Association Source Reduction Recycle Environmental Treatment Disposal 7

Energy Laws: NECPA, EPAct, EISA l Federal energy mandates include provisions for: • • • Reduction in building energy intensity & consumption Reduction in water consumption Purchase & use of Energy Star® & energy- & water-efficient products Purchase of electricity from renewable resources Purchase of alternative fuel vehicles/alternative fuels Development of renewable energy technologies If every American home replaced just one light with an Energy Star® Qualified light, we would: • Save enough energy to light 3 million homes for a year; • Save about $600 million in annual energy costs; • Prevent 9 billion pounds of greenhouse gas emissions per year - equivalent to those from about 800, 000 cars. Source: EPA National Property Management Association 8

Executive Order 13423, Strengthening Federal Environmental, Energy, and Transportation Management l l Signed by President Bush January 24, 2007 Rescinded/consolidated prior “Greening the Government” EOs • EO 13221, Energy Efficient Standby Power Devices, remains in effect l Directs federal agencies to conduct their environmental, energy & transportation-related activities in a manner that is: • environmentally, economically & fiscally sound • integrated & continuously improving • efficient, & sustainable l l l Requires more widespread use of environmental management systems (EMS) Council on Environmental Quality issued Implementing Instructions March 29, 2007 Public Law 111 -8, Omnibus Appropriations Act, 2009 (Section 748) incorporated EO 13423 into law National Property Management Association 9

Executive Order 13514, Federal Leadership in Environmental, Energy and Economic Performance l l l Signed by President Obama October 5, 2009 Expands previous energy reduction & environmental performance requirements Requires federal agencies to meet sustainability goals leading to a reduction in greenhouse gas (GHG) emissions Stipulates 95% of new federal agency contracts comply with environmental requirements Requires federal agencies to submit an annual Strategic Sustainability Performance Plan effective June 2, 2010 Tasks General Services Administration, in coordination with other agencies, to develop recommendations for reducing GHG emissions related to the supply of products and services to the Federal Government National Property Management Association 10

Federal Acquisition Regulation (FAR) l l Environmental & energy considerations are incorporated throughout the FAR, including: • Part 2, Definitions • Part 4, Administrative Matters • Part 7, Acquisition Planning • Part 8, Required Sources of Supplies & Services Think Green at the • Part 10, Market Research start of an acquisition! • Part 11, Describing Agency Needs FAR Part 7 • Part 13, Simplified Acquisition Procedures • Part 23, Environmental & Energy Considerations • Part 42, Contract Administration • Part 45, Government Property • Part 52, Solicitation Provisions & Contract Clauses Supplemented by agency acquisition regulations National Property Management Association 11

FAR Interim Rule to Amend Executive Orders 13423 & 13514 • • • Effective May 31, 2011 Amends FAR parts 2, 4, 5, 7, 11, 12, 13, 23, 36, 37, 39, & 52 Highlights – requires: • Contractors to use double-sided, 30% postconsumer fiber paper • • • NEW (FAR part 4) Contractors who operate government-owned or -leased facilities to comply with an agency’s environmental management system (FAR part 23) Agencies to include sustainable acquisition requirements in synopses, acquisition planning, and description of needs (FAR parts 5, 7, & 11) Agencies to ensure 95% of new contract actions provide for green products & services. (New FAR subpart 23. 1) Agencies to use green and energy efficient practices with regard to electronic equipment (FAR 39. 101) Comments due by August 1, 2011. Interim rule available at http: //www. gpo. gov/fdsys/pkg/FR-2011 -05 -31/pdf/2011 -12851. pdf. National Property Management Association 12

Sustainability: Definition & Scope l “To create and maintain conditions, under which humans and nature can exist in productive harmony, that permit fulfilling the social, economic, and other requirements of present and future generations. ” Sustainable Practice Areas: Energy Efficiency Renewable Energy Acquisition (Green Purchasing) Green Buildings Recycling Electronics Stewardship Fleets Toxic Chemical Reduction Water Conservation (EO 13423) ● New in E. O. 13514: Support Sustainable Communities Reduce Greenhouse Gas Emissions l National Property Management Association 13

Green Purchasing Agencies are required to: l Use sustainable environmental practices in the acquisition of goods & services, including biobased, environmentally preferable, energy-efficient, water-efficient, Electronic Product Environmental Assessment Tool (EPEAT)-registered electronics, & recycled content products – in 95% of new contract actions (New in EO 13514) l Use paper of at least 30% postconsumer fiber content l Reduce or eliminate the acquisition, use, & disposal of toxic & hazardous chemicals & materials l Ensure that new construction & major renovation of agency buildings comply with the Guiding Principles for Federal Leadership in High Performance and Sustainable Buildings National Property Management Association 14

What Does it Mean to Buy Green? l l l Green Purchasing & Affirmative Procurement mean specific products & services with certain environmental or energy attributes. Environmentally Preferable means a product or service that has a lesser or reduced effect on human health & the environment when compared with a competing product or service… Green Purchasing considers the environmental & energy attributes of products, such as energy or water efficiency, recycled or biobased content, & low or no-toxic or hazardous constituents Green Purchasing also takes into account resource use, manufacturing process, transportation, & waste disposal National Property Management Association 15

To Whom & How Do Green Purchasing Requirements Apply? Green Purchasing requirements apply to l l All Federal agencies and their contractors All acquisitions, including micro-purchases made by purchase & fleet cardholders l Support services contracts as well as direct purchases l Mandatory sources of supply l Requirements generators l Personal Property Managers, considering that excess is the first source of supply Green Purchasing requirements should appear in l Acquisition planning Scopes of work Specifications l Design drawings Contracts Evaluations National Property Management Association 16

Components of the Federal Green Purchasing Program l l l Recycled content products designated by EPA Energy Star®/energy-efficient products Low standby power devices (“Vampire” devices) Energy from renewable resources Water Sense. SM/water-efficient products Bio. Preferred. SM products designated by USDA Alternative fuel vehicles/alternative fuels Non-ozone depleting substances – EPA “SNAP” Program Products with low or no toxic or hazardous constituents Environmentally preferable products • “Green” electronics - EPEAT-registered products Printing & writing paper with 30% postconsumer fiber National Property Management Association 17

Recycling Agencies are required to: l Implement sustainable practices for pollution & waste prevention l Maintain cost-effective waste prevention & recycling programs l Divert at least 50% of nonhazardous solid waste by the end of FY 2015 (EO 13514) l Divert at least 50% of C&D debris by the end of FY 2015 l Increase diversion of compostable & organic material from waste stream (EO 13514) Recycling just 1 ton of aluminum cans conserves more than 207 million Btu, the equivalent of 36 barrels of oil or 1, 665 gallons of gasoline. Every ton of mixed paper recycled can save the energy equivalent of 185 gallons of gasoline. (www. epa. gov/epawaste/nonh az/municipal/pubs/msw 07 fs. pdf) National Property Management Association 18

What Does it Mean to Recycle? Series of activities, including collection, separation, & processing by which products or other materials are recovered from the solid waste stream for use in the form of raw materials in the manufacture of new products other than fuel for producing heat or power by combustion. Sample Recyclables Paper Aluminum Electronics Plastic Glass Batteries Construction & demolition debris Note: Under the federal disposal process, recycling is considered an abandonment/destruction action National Property Management Association 19

Recycling – It Pays $$$ Public Law 103 -329, Section 608 l Authorizes federal agencies to receive & use funds resulting from the sale of materials recovered through recycling or waste prevention programs l These funds are available until used for: • Acquisition, waste reduction/prevention & recycling programs • Other environmental management programs, including, but not limited to, development & implementation of pollution prevention programs • Other employee programs as authorized by law or as deemed appropriate by the head of the agency National Property Management Association 20

Electronics Stewardship Agencies are required to: l Implement sustainable practices for electronic equipment management throughout their life cycle • Have a written plan to implement electronics stewardship practices • Join the Federal Electronics Challenge or implement an equivalent electronics stewardship program l l Implement best management practices for energy efficient management of servers & federal data centers (EO 13514) National Strategy for Electronics Stewardship New (July 20, 2011) www. epa. gov/epawaste/conserve/materials/ecycling/taskforce/index. htm National Property Management Association 21

Electronics Stewardship: A Life Cycle Approach Acquisition • At least 95% of electronics are EPEAT-registered (www. epeat. net) Operations & Maintenance • Power management (including ensuring Energy Star® features are enabled) • Extend useful life of electronics • Duplex (double-sided) printing End-of-Life • Environmentally sound disposition practices Design End-of-Life Disposition Raw Materials Operations & Maintenance Production Inventory & Storage National Property Management Association Delivery & Distribution 22

Electronics Disposition Options REUSE RECYCLE Within agency l Exchange/Sale Authority l Stevenson-Wydler Act l GSA’s Computers for Learning Program (EO 12999) l Within Federal Government l GSAXcess • Donation to States l GSA Auction l Sales contracts l Take-back Programs l MOU with UNICOR l GSA Environmental Services Schedule 899 l Certified Recycler l Take-back Programs l Remember! Prior to disposal Check all drives for media Ensure that hard drives & other media storage components have been sanitized of data Use least destructive method of sanitization where possible Remove all asset tags Exercise “due diligence” National Property Management Association 23

Toxic Chemical Reduction Agencies are required to: l Reduce the quantity of toxic & hazardous chemicals & materials acquired l Implement sustainable practices for the reduction or elimination of the acquisition & use of toxic or hazardous chemicals • Written plan to identify & reduce the release & use of toxic & hazardous chemicals & substances, including ozone-depleting substances • Applies to all appropriate organizational levels, facilities, & acquisition activities l l Implement integrated pest management & other appropriate landscape management practices Helps agencies to reduce greenhouse gas emissions National Property Management Association 24

Ozone-Depleting Substances (ODSs) Specific E. O. 13423 requirements for ODSs, include: l Identify & maximize use of safe alternatives to ODSs through EPA’s Significant New Alternatives Policy (SNAP) Program http: //www. epa. gov/ozone/snap l Include in agency plans actions to eliminate the use of ODSs in new equipment & facilities l Revise personal property management policies & procedures to preclude the disposal of ODSs removed or reclaimed from federal facilities or equipment…without prior coordination with the Department of Defense (Do. D) l Where a critical requirement for Do. D missions, federal agencies shall transfer recovered ODSs to Do. D National Property Management Association 25

EO 13514 GHG Emissions Reduction Requirements EO 13514 requires agencies to “measure, report, and reduce their greenhouse gas emissions from direct and indirect activities. ” 6 Primary GHGs: • Carbon Dioxide (CO 2) • Methane (CH 4) • Nitrous Oxide (N 2 O) • Hydrofluorcarbons (HFCs) • Perfluorcarbons (PFCs) • Sulfur Hexafluoride (SF 6) National Property Management Association 26

Greening the Asset Management Chain: Sustainable Supply Chain Management “Sustainable supply chain management (SSCM) is defined ‘as the strategic, transparent integration and achievement of an organization’s social, environmental, and economic goals in the systemic coordination of key inter-organizational business processes for improving the long-term economic performance of the individual company and its supply chains. ” Craig R. Carter, Ph. D. , Associate Professor of Supply Chain Management University of Nevada, 2008 National Property Management Association 27

Benefits: Sustainable Supply Chain Management Environment/Energy People/Agency/Nation Financial l. Considers l. Reduces l source of potential for human materials exposure to toxics l. Reduces pollution/waste l. Improves worker health & safety l. Conserves energy, water, & other natural resources l. Creates new jobs & markets l. Uses renewable resources l. Reduces dependence on foreign oil l. Prevents emissions of greenhouse gases, & air & l. Increases national security water pollutants l. Supports agency mission l. Extends useful life span of l. Helps meet legal electronics & other products requirements l. Ensures environmentally l. Reduces need for special safe disposal at end-of-life handling, storage, & equipment l. Reduces need for new l. Reduces documentation & landfills and incinerators reporting requirements National Property Management Association l l Reduces financial liabilities Saves $$$/avoids costs Life cycle cost effective Drives markets & stimulates development of greener products & technologies Creates new jobs & markets 28

Reports & Measures l Federal Agency Integrated Strategic Sustainability Performance Plans (SSPP) • Goals 1, 2, 3, Greenhouse Gas Emissions • Goal 7, Pollution Prevention & Waste Management • Goal 8, Sustainable Acquisition • Goal 9, Electronics Stewardship • All agency plans are available at www. whitehouse. gov/administration/eop/ ceq/sustainability/plans • Office of Management and Budget Sustainability/Energy Scorecard National Property Management Association 29

Resources & Tools Fed. Center l l Web portal for comprehensive federal environmental stewardship & compliance assistance information Arranged by Program Areas, including the Sustainable Practice Areas under EOs 13423 & 13514 Provides links to laws, regulations, guidance, & policies; supporting information & tools; training, presentations, & briefings; conferences & events www. fedcenter. gov Federal Electronics Challenge (FEC) l l Helps federal agencies address electronics lifecycle management Provides national strategies, tools, training, & technical assistance, networking & recognition opportunities Manages FEC Annual Reporting Form (through Fed. Center) www. federalelectronicschallenge. net National Property Management Association 30

Resources & Tools Environmental Protection Agency: • • Comprehensive Procurement Guidelines www. epa. gov/cpg Energy Star Program www. energystar. gov Environmentally Preferable Purchasing Program www. epa. gov/epp Major Environmental Laws www. epa. gov/lawsregs/laws/index. html Responsible Recycling (R 2) Practices www. epa. gov/wastes/conserve/materials/ecycling/certification. htm Recycling/Pollution Prevention www. epa. gov/epawaste/index. html Regulatory Information by Environmental Topic www. epa. gov/lawsregs/envtopics/index. html Department of Energy: • • Alternate Fuel Vehicles and Alternate Fuels www 1. eere. energy. gov/vehiclesandfuels/epact/ Energy Efficient Products www 1. eere. energy. gov/femp/ Federal Acquisition Regulation: www. acquisition. gov/far/ National Property Management Association 31

Resources & Tools U. S. Department of Agriculture: l Bio. Preferred. SM Program www. biopreferred. gov General Services Administration: l l Recycling Program www. gsa. gov/recyclingprogram Environmental Products www. gsa. gov/enviro Second Generation Federal Strategic Sourcing Initiative Office Supply Blanket Purchase Agreements www. gsa. gov/portal/content/141857 GSAAdvantage! (Environmental Aisle) www. gsaadvantage. gov Federal Prison Industries (UNICOR): l Electronics Recycling www. unicor. gov • Packaging information www. unicor. gov/recycling/packageinfo. cfm? navlocation= Packaging%20 Information National Property Management Association 32

Environmental Benefits & GHG Emissions Calculators l l l Promote green purchasing, recycling, electronics stewardship, & other sustainable practice areas by quantifying the environmental & energy benefits Demonstrate life cycle value Facilitate environmental compliance Facilitate property management functions Facilitate reporting requirements National Property Management Association 33

Environmental Benefits & GHG Calculators Library Electronics Environmental Benefits Calculator www. federalelectronicschallenge. net/resources/bencalc. htm Energy Star Cost Savings Calculators www. energystar. gov/index. cfm? c=bulk_purchasing. bus_purchasing Greenhouse Gas Emissions www. epa. gov/climatechange Promoting Green Purchasing www. epa. gov/epp/tools/epp_metrics. pdf WAste Reduction Model (WARM) www. epa. gov/climatechange/wycd/waste/calculators/Warm_home. html (Updated August 2010) GSA Carbon Footprint Tool New www. gsa. gov/carbonfootprint New GSA Carbon-Equivalency Savings Tool www. gsaauctions. gov/html/carbonequivalency_print. htm (Launched April 22, 2011) National Property Management Association 34

Environmental Benefits & GHG Calculators Energy. Star Cost Savings Tool Buying 100 Energy. Star exit signs instead of 100 standard exits signs reduces as much air pollution as if nearly 43 cars were removed from the road for an entire year GSA Carbon-Equivalency Savings Tool Reusing this item instead of buying new is like saving the carbon equivalent of. . . Select an Equivalency: 58. 26 years of driving a car 34, 075. 88 gallons of gasoline used National Property Management Association 35

Conclusion – Making the Connection l. Think “Green” at the start of the planning acquisition process l. Maximize use of excess property l. Source reduction/ Reuse l. Utilization l. Waste/pollution prevention l. Reuse l. Green Purchasing l. Inventory l. Management of toxic & hazardous l. Storage materials Recycling l. Disposition Energy efficiency • Sales Water conservation • Donations Vehicle fleet management CPPM MAN • Transfers l. Electronics stewardship • Recycling (A&D) l. Green buildings/sustainable design l. Improved asset management l. Sustainable Supply Chain Management l. Reduced Costs/Liabilities l. Reduced costs/liabilities l. Reports & measures l. Stewardship l. Acquisition National Property Management Association 36

Thank You! barbara. matos@va. gov (202) 461 -6930 National Property Management Association 37