Chapter 10. Safety and Environmental Management

Topics on this page: 10.1 Occupational Safety and Environmental Management | 10.2 Climate Adaptation and Resilience Planning | 10.3 Environmental Justice

Table of Contents

10.1 Occupational Safety and Environmental Management

10.1.1 Policy

It is the policy of Department Health and Human Services (HHS) to provide a safe and healthy work environment for all its employees, and the public served, to prevent personal injuries, illnesses, and death from work-related causes and to minimize loss of material resources from unintentional occurrences.  The standards to be followed in attaining safe and healthful working conditions are those issued by the Department of Labor under the Occupational Safety and Health Administration (OSHA) 29 CFR 1960 and 1910 and General Services Administration (GSA) regulations dealing with "Safety and Environmental Management," at 41 CFR 102-80, plus any additional standards and/or safety procedures issued by HHS or standards promulgated by recognized national standards organizations and adopted by HHS and HHS OPDIVs to meet particular situations or conditions associated with its facilities.  HHS' policy, procedures, and guidance and information regarding facility security is described in 8 HHS Facility Design and Construction.

10.1.1.1 Basic Safety and Environmental Management Goals for HHS Real Property

1. Provide for a safe and healthful work environment for Federal employees, contractors, and the visiting public;
2. Protect Federal real and personal property;
3. Promote mission continuity;
4. Provide reasonable safeguards for emergency forces if an incident occurs;
5. Collaborate with Safety Personnel and programs to:
   1. Assess risk to persons, property, and environment;
   2. Implement the hierarchy of controls or preparedness planning
6. Educate decision makers and occupants to anticipate and identify risks, engage in control planning and implementation;
7. Foster bi-directional communication between facility managers with occupants and programs;
8. Act promptly and appropriately in response to risk; and
9. Comply with all applicable Federal, state, and local environmental laws, statues, and regulations, protect environment, and avoid or reduce generation of hazardous substances, pollutants, and contaminants at the source.
10. Minimize HHS Divisions' environmental risk through proactive measures which can prevent release or significant impacts, mitigate priority risks where an HHS Division has the ability and the resources to do so, and engage partners where the risks are systemic.

10.1.2 Administrative Requirements

This section describes the administrative requirements regarding the responsibilities and procedures within HHS for safety and environmental activities, establishes safety and environmental procedures, climate action and resilience planning for HHS real property, environmental justice, strategies for reducing risk to personnel and visitor safety.

10.1.2.1 Occupational Health and Safety

1. Responsibilities
   
   Facility managers shall comply with applicable building industry safety codes to ensure protection of HHS employees, contractors, and visitors with all HHS-controlled properties.  Topics that may be of particular importance and relevance to the facility manager include: Injury/Illness Investigation and Reporting; Safety Specifications; Facility Survey/Inspection; Fire Safety; Employee Rights; Facility Reuse and Closure; Contracting Safety; Warehouse Safety; and Safety Program Evaluation.
   
   For detailed information on Occupation Health and Safety responsibilities, the information can be found in HHS Occupational Safety and Health Manual Chapter 1-4 Delineation of Responsibility.
2. Procedures
   
   It is HHS Policy to prefer engineering controls wherever possible over administrative controls to prevent and control occupational injuries, illness, and fatalities by "designing out" or minimizing hazards and risks using engineering control solutions.  HHS recommends researching engineering control technologies found on the National Institutes for Occupational Safety and Health Engineering Control Database to obtain information on control details and their associated effectiveness to reduce and/or eliminate worker exposures.
   
   HHS Division personnel shall adhere to the HHS Occupation Safety and Health Manual in the conduct of their duties.

10.1.2.2 Environment

1. Responsibilities
   
   HHS manages its environmentally related activities through two different sets of responsibilities.
   1. For detailed information on National Environmental Policy Act (NEPA), the information can be found in the HHS General Administration Manual Part 30 Environmental Protection Section 30-20 Administrative Requirements.
   2. Environmental responsibilities for complying with environmental requirements outlined in Sub-subsection 10.1.3.2 Environment are designated as the following:
      1. Landholding OPDIVs with environmental programs and/or facility operations and management offices shall have oversight within their OPDIV
      2. HHS Environmental Program Chief shall provide oversight for Divisions with no environmental program.
2. Procedures
   1. For detailed procedures on NEPA, Emergency Planning and Community Right to Know Act (EPCRA), Pollution Prevention Act (PPA), and Greening the Government through Waste Prevention, Recycling, and Federal Acquisition, the information can be found in the HHS General Administration Manual Part 30 Environmental Protection Requirements.
   2. For guidance and information on asbestos, radon, indoor air quality, lead, drinking water, hazardous materials and waste, storage tanks, climate adaptation and resilience planning, and environmental justice the information is outlined in Sub-subsection 10.1.3.2 Environment.
   3. Comply with all applicable Federal, State, and local environmental laws and regulations.
      1. Direct-owned spaces are required to perform annual environmental audits for compliance with all applicable Federal, State, and local environmental laws and regulations.
      2. For leases, OPDIVs shall report known violations with Federal, State, and local environmental laws and regulations to their respective Environmental Program point of contact.
      3. For Divisions with no Environmental Program, known violations with Federal, State, and local environmental laws and regulations shall be reported to HHS Program Support Center Real Property Policy and Strategy Chief.
   4. Comply with Policy, Procedures, Guidance, and/or Reporting requirements for Waste Management and Pest Control are found in 6 Facility Management, Operations, and Maintenance.
   5. Investigate incidents, such as fires, significant property damage, serious injuries, and environmental spills and releases in accordance with 10.1.4.1 Occupation Health and Safety.
   6. Inform tenants and the public of the condition and management of HHS facility safety and the environment:
      1. If Divisions is operating in a GSA lease, then significant facility or environmental concerns must be reported to designated building manager GSA
      2. Details on informing the public concerning toxic and hazardous chemicals and extremely hazardous substances at HHS direct-owned and leased facilities are found on General Administration Manual Part 30 Environmental Protection Part 30-80: Executive Order 12856, Federal Compliance with Right to Know Laws and Pollution Prevention Requirements.
   7. Assess required environmental issues throughout planning and project development so that environmental impacts of a project are considered during the decision making process as outlined in HHS General Administration Manual Part 30 Environmental Projection Part 30-50: National Environmental Policy Act Review.

10.1.2.3 Risk and Reduction Strategies

1. HHS Divisions must identify and assess safety and environmental management risks and appropriate risk reduction strategies for the following:
   1. Overall building
   2. Portions of building in space
   3. Operating building
      1. Regarding operating buildings, HHS Divisions must use the applicable national codes and standards as a guide.
      2. Once safety and environmental management, environmental security, and environmental justice risks are identified, HHS Divisions are responsible for managing the execution of risk reduction strategies in buildings they operate.
      3. Overall, HHS Divisions must identify and take appropriate action to eliminate regulatory non-compliance and hazards, where feasible or to implement controls and mitigation.

10.1.3 Guidance and Information

HHS has adopted the requirements outlined in the GSA FMR Part 102-80 – Safety and Environment and Management.  The guidance and information contained in this section applies to HHS Divisions and outlines additional requirements that go beyond GSA FMR 102-80.  HHS' policy for protecting the environment is described in the General Administration Manual Part 30 Environmental Protection.

10.1.3.1 Occupation Health and Safety

1. For detailed information on HHS Occupational Safety and Health, please refer to the HHS Occupation Safety and Health Manual, and OPDIV adopted policies and procedures, or contact the HHS Safety Officer.
2. In addition, facility managers will comply with applicable building industry safety codes to ensure protection of HHS employees, contractors, and visitors within all HHS-controlled properties.

10.1.3.2 Environment

1. Asbestos
   
   HHS Divisions have responsibilities concerning the assessment and management of asbestos outlined in the GSA FMR §102-80.15 – What are Federal agencies' responsibilities concerning the assessment and management of asbestos?  In addition to requirements outlined in GSA FMR §102-80.15, HHS Divisions have the following additional responsibility:
   1. Educate facility management employees on safe work practices and conduct exposure monitoring as required by OSHA standards in 29 CFR 1910.1001 and 1926.1101.
   2. Dispose of asbestos containing building material wastes in accordance with federal, state, and local requirements.  Guidance on Regulations that apply to remove asbestos from buildings can be found on EPA Website: Asbestos-Containing Materials (ACM) and Demolition.
2. Radon
   
   HHS Divisions have responsibilities concerning the assessment and management of radon outlined in the GSA FMR §102-80.20 – What are Federal agencies' responsibilities concerning the abatement of radon?  In addition to requirements outlined in GSA FMR §102-80.20, HHS Divisions have the following additional responsibility:
   1. Inspect and maintain radon mitigation systems.
   2. Test drinking water for radon for facilities that do not obtain drinking water from non-municipality or obtain drinking water from a well.  The following conditions apply if radon is present at drinking water:
      1. Water shall contain radon levels no higher than 4,000 picocuries per liter (pCi/L) for a facility with a maintained radon mitigation system
      2. Water shall contain no more than 300 pCi/L with no maintained radon mitigation system.
   3. Follow EPA Radon Standards of Practice, or other applicable building codes on radon resistant building features, during the design and construction of new facilities.
   4. Inform building occupants of radon risks and mitigation in accordance with EPA guidance: A Citizen's Guide to Radon.
3. Indoor Air Quality
   
   HHS Divisions must assess indoor air quality (IAQ) of buildings as part of their safety and environmental facility assessments, to include reviews of building envelope integrity and HVAC system operation. HHS Divisions must respond to tenant complaints on air quality and take appropriate corrective action where air quality does not meet applicable standards. During renovation or construction projects conducted by non-federal contractors, Divisions are responsible for ensuring contractors comply with HHS safety and environmental policies specifically related to IAQ throughout the course of the contract.  Further guidance on Indoor Air Quality can be found in HHS Occupation Safety and Health Manual Chapter 10.
4. Lead
   
   HHS OPDIVs and STAFFDIVs have responsibilities concerning lead in direct-owned or leased buildings that were constructed prior to 1978, which outlined in the GSA FMR §102-80.30 – What are Federal agencies' responsibilities concerning lead? In addition to requirements outlined in GSA FMR §102-80.30, HHS Divisions have the following additional responsibility concerning lead:
   1. Test all painted surfaces for lead in proposed or existing residential dwelling areas and child-occupied facilities.
   2. Educate facility management employees on safe work practices and conduct exposure monitoring as required by OSHA standards in 29 CFR 1910.1025 and 1926.62.
   3. Dispose of Lead containing building material wastes in accordance with EPA requirements
   4. Lead in drinking water requirements is described in Paragraph Drinking water.
5. Drinking water
   
   HHS Divisions have the following responsibilities concerning drinking water in direct-owned or leased buildings:
   1. Provide potable water that complies with the EPA National Primary Drinking Water Regulations
   2. For facilities providing water for human consumption, prepare and deliver an annual water quality report to customers annually.
   3. Annually, test potable water for lead in all drinking water outlets in childcare centers and residential facilities
   4. For potable water systems, ensure all piping, fixtures, solder are National Sanitation Foundation/American National Standards Institute (NSF/ANSI)-61 compliant and lead free in accordance to EPA's definition.
   5. Install backflow preventers on potable water services to a facility in accordance with NIH Design Requirement Manual.
   6. Install backflow preventers on non-potable water services in accordance to NIH Design Requirement Manual for the following, but not limited to:
      1. Fire Protection
      2. Hydronic Loop Makeup
      3. Process Cooling
      4. Reverse Osmosis
      5. Steam Generation
      6. Irrigation
      7. Outdoor Watering
      8. Humidification
      9. Heating, Ventilation, and Air Conditioning
      10. Lab Processes for Biomedical Research
      11. Other uses not for Human Consumption
   7. For all installed backflow preventers, the following is required:
      1. Annual testing on testable backflow preventers assemblies
      2. Repair and/or replace failed backflow preventer assemblies
      3. Replace non-testable backflow preventer assemblies every five (5) years
   8. Educate facility management, environmental services, food service, and other applicable programs on cross connection control, enclosing air gaps, and improper use of temporary hose connections.
   9. Radon in drinking water requirements is described in Paragraph Radon.
6. Hazardous Materials and Wastes
   
   HHS Divisions have responsibilities concerning the monitoring of hazardous waste outlined in the GSA FMR §102-80.35 – What are Federal agencies' responsibilities concerning the monitoring of hazardous materials and wastes?  In addition to requirements outlined in GSA FMR §102-80.35, HHS Divisions have the following additional responsibilities concerning the monitoring of hazardous materials and wastes are as follows:
   1. Assess opportunities to substitute less hazardous alternatives, or to remove systems or processes that generate hazardous wastes.
   2. Ensure that appropriate, code-compliant storage areas as well as associated safety systems (emergency eyewashes, showers, etc.) are available and maintained.
   3. Per HHS Occupation Safety and Health Manual in Chapter 13 Paragraph 3, Safety Data Sheets (SDS) for all hazardous chemicals in a work area are acquired and maintained on-site and staff are informed hazardous chemicals present in work area.
   4. Further details on HHS' hazard communication program can be found on HHS Occupation Safety and Health Manual in Chapter 13, hazard material transportation in Chapter 15, and radiation safety management in Chapter 16.
7. Storage Tanks
   
   HHS Divisions have a responsibility to ensure storage tanks containing petroleum-based products and/or hazardous chemicals are not accidentally released into the environment.
   1. Above Ground Storage Tanks for Petroleum Products
      
      HHS Divisions' have the following responsibilities concerning the management of above ground storage tanks in real property:
      1. Comply with required EPA's Spill Prevention, Control, and Countermeasure regulation
      2. Petroleum products or chemicals in containers up to 1,320 gallons, must have secondary containment that contains up 110% of the stored product by volume.
      3. Spill kits must be specific to chemicals used at facility, accessible within 100 feet of stored chemicals, and fully stocked with all components.
   2. Underground Storage Tanks for Petroleum Products
      1. HHS' directive is for Divisions to plan to phase out underground storage tanks from their operations.  The following provides guidance to Divisions on how to operate and maintain underground storage tanks until their removal:
      2. HHS OPDIVs and STAFFDIVs have the following responsibilities concerning the management of underground storage on GSA-leased properties as outlined in §102-80.40-What are Federal agencies' responsibilities concerning the management of underground storage tanks?
      3. For direct-own facilities with underground storage tank systems must comply with the requirements outlined in 40 CFR Part 280 and 281 and applicable state and local underground storage tank regulations.
   3. Septic Systems
      1. Inspect and service septic tank system by a certified septic service professional every three to five years to ensure proper operation
      2. Implement water conservation practices by installing water efficient products and addressing leaks to minimize the amount of water septic system must treat
      3. Install domestic water meters to monitor water consumption to identify water leakage issues that can compromise septic system's ability to process wastewater
      4. Implement training to ensure facility occupants know not to flush anything besides human waste and toilet paper
      5. Ensure cleaning agents are compliant with septic system
      6. Ensure drain field are free from parking, trees are planted a sufficient distance, storm water drainage from roofs drains, and sump pumps drainage.

10.1.4 Reporting

10.1.4.1 Occupation Health and Safety

1. OPDIV and STAFFDIV Safety Officers are required to report incidents such as fires, significant property damage, serious injuries, and environmental spills or releases in accordance with Chapters 3 and 4, respectively of the HHS Occupational Safety and Health Manual

10.1.4.2 Environment

1. For reporting requirements regarding National Environment Policy Act (NEPA), Emergency Planning and Community Right to Know Act (EPCRA), Pollution Prevention Act (PPA), and Greening the Government through Waste Prevention, Recycling, and Federal Acquisition, the information can be found in the HHS General Administration Manual Part 30 Environmental Protection Requirements.
2. Landholding with OPDIV environmental programs report to HHS Environmental Program Chief any known violations of local, state, and federal environmental laws and regulations.

10.2 Climate Adaptation and Resilience Planning

10.2.1 Policy

HHS is committed to addressing the Climate Crisis through its Climate Adaptation and Resilience Plan. Climate Change poses current and increasing threat to human health and the environment by prompting disruption to HHS' mission and displacement in vulnerable or disadvantaged populations through following incidents, but not limited to fire, hurricanes, flood, disease, and famine.  Executive Orders (EOs) 13990: Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis, 14008: Tackling the Climate Crisis at Home and Abroad, 14057: Catalyzing Clean Energy Industries and Jobs through Federal Sustainability establish mandates for short-term reduction greenhouse gas emissions, mid-century or before net-zero global emission, advancing environmental justice, improving public health, and protecting the environment.

10.2.1.1 Climate Adaptation and Resilience Planning Goals

1. Promote sustainable and climate resilient operations that prevent and mitigate carbon pollution associated HHS facility and infrastructure design, construction, renovation, operations, and demolition; improvement of fleet vehicle efficiency and management; manage electronic equipment and data centers; and procurement of sustainable products and services.
2. Prioritize and implement projects to ensure HHS Real Property are resilient against extreme weather, excessive heat, wildfires, drought, and/or flooding.
3. Continually improve energy and water efficiency in facility operations across HHS Real Property portfolio and prepare for times of interruption through redundancy and storage.
4. Prevent and reduce waste and pollution from facility construction, renovation, operations, and decommissioning actions

10.2.2 Administrative Requirements

1. Responsibilities
   1. Developing and implementing plans regarding Climate Adaptation Resilience Plans (CARP)
      1. OPDIV's Sustainability Officer shall develop CARPs.
      2. Use CDC Data Explorer to identify whether facility is at risk to Drought, Wildfire, Heat & Heat Related Illness, and Precipitation & Flooding
      3. OPDIV facility directors and managers conduct vulnerability assessments for direct-owned facilities and government and non-government leases
      4. OPDIV facility directors and managers develop climate resilience requirements for government and non-government leases
2. Procedures
   1. Mitigating a Divisions carbon footprint:
      1. Adherence to OPDIV's climate and sustainability plans and to promote the efficient and economical use of federal real property as described in 6 Facility Management, Operations, and Maintenance HHS of the Facility Program Manual.
      2. For non-government and government leases, HHS shall incorporate and refine requirements such as but not limited to the following: increased energy and water efficiency, waste diversion through recycling, preferred parking for carpooling, facilities to support bicycle and walking to work to achieve sustainability goals and targets.
   2. Improving Facility Resilience
      1. Adherence to OPDIV CARP
      2. Update OPDIV CARP to address most recent vulnerability assessments to ensure continuity of operations to safeguard patient and animal life and protect valuable biomedical research.

10.2.3 Guidance and Information

1. Assess Exposure to Climate Change Vulnerability
   1. CDC National Environmental Public Health Tracking (NEPH) has climate change data sets to inform HHS Divisions better understand how changes in temperature and precipitation and occurrence of heat waves, floods, extreme weather, droughts, and wildfires can influence human health.  More information to learn about the various indicators can be found on the CDC NEPH Climate Change site.
   2. Use the CDC NEPH Data Explorer to create a custom data visualization to anticipate climate impacts and to assess vulnerabilities to heat, extreme weather, wildfires, drought, and flooding as described in HHS' Climate Action and Resilience Plan.
2. Prevent or Mitigate HHS' Carbon Footprint and meet HHS' Commitment to Sustainability
   1. Increase the use of sustainable practice from facility construction, renovations, operations, and decommissioning actions to prevent or mitigate carbon pollution
   2. Include tracking of make-up water, for loss of steam condensate, chilled water, hot water, to provide visibility on opportunities for improvement for a given facility.
   3. Reduce, where possible, the requirement for utility demand and provide more resiliency by leveraging opportunities for alternate work from home arrangements or hoteling to increase workspace density.
3. Adapting HHS Facilities subject to Severe Weather Events from Shifting Regional Climate
   1. All HHS Federal Real Property
      1. For HHS direct-owned facilities, assess vulnerability to extreme weather, excessive heat, wildfire, drought, and flooding.
      2. Increasing sustainable practices to reduce utility requirements extends facilities' capabilities to operate on back-up systems to ensure operational continuity in the event of a utility outage.
      3. Prepare adequate plans to ensure operational continuity within each Division.
      4. Implement the decision-making process as indicated in Part II of the Guidelines for Implementing Executive Order 11988, Floodplain Management, and Executive Order 13690, Establishing a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder input as found on EO13690 Collaboration Space Max.Gov Site.
   2. New Construction/Major Renovation
      1. See 8.4 Sustainable Design
   3. Existing Facilities
      1. See 8.4 Sustainable Design

10.2.4 Reporting

1. Reporting requirements highlighting HHS' efforts for mitigating its carbon footprint
   1. OPDIV Chief Sustainability Officer submit Sustainability Implementation Plans to HHS Chief Sustainability Officer and assess implementation and progress on OPDIV plans, associated goals, and targets semi-annually.
   2. OPDIV Sustainability Manager submit Federal Energy Management Program Workbooks to HHS Sustainability Engineer
   3. OPDIV Chief Sustainability Officer provide reports every quarter during the HHS Landholding OPDIV Chief Sustainability Officer Sustainability Quarterly Meeting
      1. Quarterly performance monitoring on aggregate tools of system inefficiencies to identify an agency's total potential of actual progress towards achieving goals.
2. Reporting requirements highlighting HHS' efforts for adapting to climate change
   1. OPDIV Chief Sustainability Officer submit Climate Adaptation and Resilience Plans to HHS Chief Sustainability Officer and assess implementation and progress on OPDIV plans, associated goals, and targets semi-annually

10.3 Environmental Justice

10.3.1 Policy

Environmental Justice is "the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to development, implementation, and enforcement of environmental laws, regulations, and policies."  EO 12898: Federal Actions to Address Environmental Justice in Minority Populations and Low-income populations requires HHS to "make achieving environmental justice part of its mission by identifying and addressing, as appropriate, disproportionately high an adverse human health or environmental effects of its programs, policies, and activities on minority populations and low-income populations.  HHS' environmental justice vision is a "nation that equitably promotes healthy community environments and protects the health of all people."

10.3.1.1 Environmental Justice Goals

1. Identify and address human health and environmental effects of HHS programs, policies, and activities on minority and low-income populations and Indian Tribes
2. Educate the HHS workforce and public, especially in communities with low-income populations and Indian tribes with disproportionately high and adverse environmental exposures, about environmental justice, environmental hazards, and healthy community environments.
3. Empower the public through improved access to data, research, and information to enable the public to participate meaningfully in HHS efforts to address risks associated with adverse environmental exposures.
4. Improve access to and quality of care and services for minority and low-income populations and Indian Tribes with disproportionately high and adverse environmental exposures.

10.3.2 Administrative Requirements

1. Responsibilities
   1. Office of the Assistant Secretary for Health Office of Environmental Justice has overall responsibility for coordinating Environmental Justice efforts across HHS to identify and address opportunities within programs, policies, and activities that can improve outcomes for low-income and minority population and Indian Tribes experiencing high and adverse human health or environmental effects.
   2. Environmental Justice consideration in NEPA reviews follows National Environmental Policy Act Responsibilities as described in Responsibilities.
2. Procedures
   1. Environmental Justice consideration in NEPA reviews follows National Environmental Protection Act procedures as described in Procedures.
   2. In the event a statutory requirement to prepare an Environmental Impact Statement or Environmental Assessment does not apply and a disproportionately high and adverse human health or environmental impact on low-income and minority population and Indian Tribes may exist, Environmental Justice concerns shall be addressed as described in 10.3.3 Guidance and Information.

10.3.3 Guidance and Information

1. National Environmental Policy Act (NEPA)
   
   HHS is committed to incorporating Environmental Justice consideration into specific phases of the National Environmental Policy Act (NEPA) Process as described in HHS General Administration Manual Part 30 Environmental Projection Part 30-50: National Environmental Policy Act Review
   1. Develop and implement strategies for effective public involvement in the event a proposed agency action may include low-income populations, minority populations, or Indian Tribes in the scoping process for full consideration of potential environmental impacts and any alternatives to be evaluated.
   2. Involve the public in every step of the NEPA process by involving low-income and minority populations and Indian Tribes through innovative approaches to overcome linguistic, institutional, cultural, economic, historical, or other potential barriers to effectively participate in the decision-making process.
   3. Determine the affected environment through gathering relevant demographic information such as demographic information Bureau of Census and different patterns of living for low-income, minority, and Indian Tribes data (i.e., subsistence on fish, vegetation, wildlife consumption and use of well water) on the potential impact area.
   4. Analysis shall incorporate data spatially to illustrate the distribution of health and environmental effects among demographic populations.
   5. Encourage public participation among the community that may suffer a disproportionately high and adverse human health or environmental effect from proposed action to develop and comment on possible alternatives as early in the NEPA process.
   6. If an Environmental Impact Statement is prepared, then make available the information on the alternatives considered and the factors weighed in the decision-making process.
   7. Include preferences from low-income and minority populations and Indian Tribes for measures to avoid, mitigate, minimize, rectify, reduce, or eliminate the impact associated with agency actions in Record of Decision or Finding of No Significant Impacts in Environmental Impact Statements or Environmental Assessments, respectively.
2. Federal Actions where NEPA analysis is not required
   1. The guidance described in this paragraph applies to circumstances where preparing an Environmental Impact Statement (EIS)or Environmental Assessment (EA) does not apply.  These circumstances may arise during a categorical exclusion, specific activities by regulation, or statute that establishes an equivalence to an EA or EIS.  In the event an EIS or EA is not required and a disproportionately high and adverse human health or environmental impact on low-income and minority population and Indian Tribes may exist, OPDIVs shall follow the guidelines outlined in paragraph National Environmental Policy Act (NEPA) to develop and consider alternatives of the proposed actions wherever possible, as would be required by NEPA.

10.3.4 Reporting

1. HHS PSC/RLO/RPMS shall report the following to Office of Assistant Secretary Office of Environmental Justice for Health federal real property actions that affect low-income and minority populations and Indian Tribes each Fiscal Year:
   1. Total Net Benefits
   2. Total Demographics affected
   3. Total Number of Federal Real Property Actions
   4. Geo-Spatial Map indicating affected areas