1 July 1998
f. Executive Order 12088, Federal Compliance with Pollution Control Standards, October
13, 1978 outlines the policies that govern compliance with Federal, State, and local
environmental standards by Federal facilities. The head of each executive agency is
responsible for ensuring that Federal facilities are at all times designed, constructed, operated,
and maintained in compliance with all Federal, state, and local environmental requirements.
The Executive Order further requires that a plan be sent annually to the Office of Management
and Budget (OMB) to provide for improvements necessary to meet applicable standards.
Exemptions from applicable control standards may only be granted by the President.
Furthermore, the construction or operation of Federal facilities outside the United States will
comply with the environmental pollution control standards of general applicability in the host
country or jurisdiction.
g. Executive Order 12114, Environmental Effects Abroad of Major Federal Actions,
January 4, 1979, requires that responsible officials of Federal agencies take into consideration
pertinent environmental considerations when making decisions on major Federal actions
outside the geographic borders of the United States and its territories and possessions.
h. Executive Order 12316, Responses to Environmental Damage, August 14, 1981,
delegates to the Secretary of Defense the responsibility for investigation and removal of
hazardous substance releases from DOD facilities and vessels.
i. 42 U.S.C. 9601, Comprehensive Environmental Response, Compensation and Liability
Act of 1980, as amended explains Federal agencies course of action for cleaning up sites
where the agencies may have been wholly or partially responsible for contaminating the soil or
groundwater. Also, the Act requires reporting of hazardous substance releases and previous
j. For Army sites, Army Regulation 200-1, Environmental Protection and Enhancement
provides specific requirements for storing hazardous materials and compliance with local
waste management and pollution abatement programs.
3-2. LESSONS LEARNED. The following subparagraphs contain recommended information
that should be considered in RFP's in order to avoid past problems, define engineering
requirements, define design submittal requirements, and ensure a high level of quality. These
lessons learned should be reviewed and incorporated as appropriate in each new project.
a. Government should ensure that all buildings identified for renovation or demolition
have been sampled and tested for the presence of hazardous materials, lead paint, or
asbestos either by the customer or the Government. The RFP should include tests and
corrective actions required by the Design-Build contractor to eliminate the hazard.
b. Government should identify the following information concerning construction permits:
(Provide in a matrix format with this information as column headers)
Permitting authority (Federal, State, and/or local)
Type permit required (construction and/or operation),
who must obtain the permit
When permit must be obtained
Cost of permits