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Performance Track—Common Questions
The Performance Track program was established by former EPA Administrator Carol Browner in 2000 during the Clinton/Gore Administration to recognize and encourage businesses and other organizations to reduce their environmental impact beyond the levels required by law. Each of the three succeeding EPA Administrators has strongly endorsed the program. Over 20 states have similar programs sharing EPA’s objective.
To help answer common questions and clear up misunderstandings or misrepresentations, the Performance Track team provides the explanations below.
- How do commercial facilities join Performance Track?
- Do all members comply with existing environmental regulations?
- Has EPA loosened hazardous waste standards for Performance Track members?
- Does EPA allow companies with compliance issues to remain in the Performance Track program?
- Have facilities ever been removed from the Performance Track program?
- What is the difference between companies and facilities in the Performance Track program?
- How has the Performance Track program improved the environment?
- Are Performance Track members inspected fewer times than non-members?
- Does Performance Track market its program?
- Has the Performance Track program been modified since its inception?
How do commercial facilities join Performance Track?
Individual industrial or commercial facilities apply for membership in Performance Track. To ensure that program members represent strong environmental performers, Performance Track has a strict screening and admissions process designed to prevent undeserving facilities from becoming members. Before being admitted to the program, a facility's environmental compliance history is thoroughly evaluated by EPA, the state in which it is located, and the U.S. Department of Justice. Only applicants with a sustained record of environmental compliance are accepted into the program. Members' compliance records are reviewed regularly to ensure that they continue to meet the program’s compliance criteria. In addition, a full compliance history evaluation is performed every three years, since members are required to reapply to the program after a three-year period. More detailed information on the compliance criteria can be found at: http://epa.gov/performancetrack/program/sustain.htm#criteria
Do all members comply with existing environmental regulations?
The program focuses on a facility's overall compliance record, whether any issues that occur are addressed quickly and responsibly, and whether EPA and state enforcement officials agree the facility is a strong environmental performer. Many member facilities are very large, technically complex operations that, with even the very best environmental systems and management attention, may encounter compliance issues.
Has EPA loosened hazardous waste standards for Performance Track members?
EPA has not loosened any hazardous waste management standards for Performance Track members that would allow them to decline in their environmental performance. EPA has finalized two hazardous waste regulations that are available only to members of Performance Track. The first regulation extends the time period (from 90 to 180 days) for Performance Track members to store hazardous waste before it must be transported for treatment or disposal. While Performance Track members may take advantage of this extended storage period, they still must manage the wastes according to federal and state requirements. The second regulation provides facilities with the ability to reduce self-inspections of certain types of hazardous waste management units from daily (or weekly) to monthly. For a facility to use these provisions, its state must have adopted the federal regulations into state law, and the state must approve their use on a case-by-case basis. Both of these regulations were finalized in compliance with the Administrative Procedures Act and were available for public comment for 48 and 91 days, respectively.
When EPA published these rules it stated, "These provisions are intended to serve as incentives for facility membership in the Performance Track Program while ensuring the current level of environmental protection provided by the relevant [hazardous waste management] provisions." Further, EPA stated, "in addition, providing Performance Track member facilities with the option for reduced self-inspection frequencies does not mean we are reducing the requirements for the owner or operator to detect leaks and spills. Providing reduced inspection for Performance Track member facilities acknowledges that these facilities have established controls and procedures to prevent releases and to respond promptly if and when they occur."
Does EPA allow companies with compliance issues to remain in the Performance Track program?
If EPA removed every member from the program that had occasional compliance issues, the Agency would forego a major opportunity to work with organizations and individuals that are striving to outperform regulatory standards and achieve significant environmental results.
EPA conducts ongoing compliance reviews during every member's three-year membership term. Each member is evaluated to ensure that the facility continues to meet the program's compliance criteria. Any facility found to not meet the compliance criteria is requested to withdraw from the program.
Have facilities ever been removed from the Performance Track program?
Over the past seven years, 952 facilities have applied to the program, and 210 applicants have been denied membership because they did not meet the program entry criteria. In addition, 66 Performance Track members have been asked to withdraw their membership or denied renewal because they did not maintain their qualifications for program membership.
What is the difference between companies and facilities in the Performance Track program?
Performance Track is designed as a facility-based program. Individual facilities of companies or organizations apply to the Performance Track program. A facility is often defined as including all land, buildings, equipment, and structures located on a single site or on continuous or adjacent sites and owned or controlled by the same person or entity.
How has the Performance Track program improved the environment?
EPA's Performance Track program recognizes and drives environmental excellence by encouraging facilities with strong environmental records to go above and beyond their legal requirements. In partnership with EPA, members voluntarily commit to typically four public, measurable goals to improve the quality of our nation’s air, water, and land. Performance Track is a recognized model for improving environmental performance. Since the program’s inception in June 2000, it has grown to 537 members in 49 states and Puerto Rico. Member facilities and their employees have set more than 2,000 goals to benefit the environment by exceeding existing regulatory requirements and in areas where EPA and states do not currently regulate. Since the program’s launch in 2000, member facilities collectively have reduced water use by more than 3.7 billion gallons*, cut greenhouse gas emissions by 310,000 metric tons, reduced hazardous waste by 52,000 tons and cut sulfur oxide emissions by 43,000 tons, among other accomplishments.
In 2006, Performance Track was one of only 13 federal programs selected for the "Top 50" Innovations in American Government by Harvard University’s Kennedy School of Government.
*The value for cumulative water savings was changed in July 2008 due to the discovery of a facility reporting error. The value was changed from 5.19 billion gallons to 3.66 billion gallons.
Are Performance Track members inspected fewer times than non-members?
EPA’s policy designates program members as a "low priority for routine federal inspection." This policy was created in consultation with EPA’s enforcement office and is viewed by EPA as a rational way to use inspection resources more effectively. It does not mean that members are not inspected by EPA or state environmental agencies.
The intent of the policy is to shift some resources from Performance Track members—who have strong compliance records, use environmental management systems, and commit to public performance goals—to other facilities that may pose a higher environmental risk. The policy does not exempt a facility from compliance inspections or alter any other legal obligation. This policy applies only to EPA's compliance inspections. States may choose to voluntarily adopt this policy in setting their own inspection priorities.
Does Performance Track market its program?
Performance Track, like most partnership programs at EPA, including Energy Star and WasteWise, markets its program through various means including participating in conferences, mailing brochures to potential members, and through placement of public service announcements. The more members the program has, the more environmental results the program can achieve. Many of the public goals achieved by members address important environmental issues that are not covered by current regulations, such as greenhouse gas emissions, water use, and energy use.
Has the Performance Track program been modified since its inception?
Over time, EPA's Performance Track program has dedicated resources to ensuring the program is well managed, sought input from interested stakeholders (including critics) on how to improve the program, and acted to address any valid suggestions.
Based on stakeholder feedback and its own internal reviews, the Agency has made a number of improvements to the program over the years, such as strengthening the membership criteria to include independent assessment of applicants' Environmental Management Systems; more comprehensive review of applicants’ environmental records including Toxics Release Inventory analysis; more frequent compliance screening of members; and creating Challenge Goals that encourage members to address national priorities such as greenhouse gas emissions, priority chemicals, and habitat loss. Performance Track is currently developing new goal selection guidelines, and aims to establish an advisory committee through the National Advisory Committee on Environmental Performance and Technology (NACEPT) in 2008.
EPA operates a transparent program and is always open to new information relevant to the performance of our members. The Agency welcomes and actively seeks suggestions for how to improve the program. We believe that leadership programs like Performance Track, in tandem with strong environmental regulations and enforcement, show great promise in responding to the complex challenges of environmental protection—today and in the future.