Number range CHAPTER

**DEPARTMENT OF COMMERCE**

**ENVIRONMENTAL MANAGEMENT MANUAL**

*(as authorized by DAO 200-0, Department of Commerce Handbooks and*
*Manuals)*

*Office of Administrative Services*

*Department of Commerce*

*Washington, DC*

**TABLE OF CONTENTS**

> **[Page \#]{.underline}**

Table of
Contents.........................................................................i

Executive
Summary......................................................................iii

Introduction................................................................................1

Chapter 1 Environmental
Stewardship...........................................4

Chapter 2 Environmental Compliance and
Reporting..........................8

Chapter 3 Environmental
Funding................................................11

Chapter 4 Environmental
Audits..................................................13

Chapter 5 Environmental Management
Systems................................16

Chapter 6 Pollution Prevention
Program\...\...\...\...\...\...\...\...\...\...\...\...\...\.............21

Chapter 7 Hazardous
Chemicals\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...........27

Chapter 8 Hazardous and Solid Waste
Management\...\...\...\...\...\...\...\............31

Chapter 9 Air
Quality\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\..........\...35

Chapter 10 Asbestos
Management\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\..........\...39

Chapter 11 Lead-Based Paint
Management\...\...\...\...\...\...\...\...\...\...\...\...\...\...........43

Chapter 12 Underground and Aboveground Storage
Tanks\...\...\...\...\...\..........47

Chapter 13 Wastewater
Management\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...........52

Chapter 14 Drinking
Water\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\.........\...57

.

Chapter 15 Oil and Hazardous Substances Pollution
Prevention\...\...\............59

And Contingency Program

> **[Page \#]{.underline}**

Chapter 16 Environmental Awards
Program\...\...\...\...\...\...\...\...\...\...\...\............63

Chapter 17 Floodplain Management and Protection of
Wetlands\.............65

Chapter 18
Pesticides\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\........\...72

Appendix A
References\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\......\...74

**- END -**

**EXECUTIVE SUMMARY**

**HISTORY.** The *Environmental Management Manual* (the Manual), as
authorized by Departmental Administrative Order (DAO) 200-0, replaces
DAO 216-11: Floodplain Management and Protection of Wetlands and DAO
216-17: Compliance with Environmental Pollution Standards.

**SUMMARY.** This Manual describes the Department of Commerce's (the
Department) environmental management and compliance program and assists
the Department in achieving environmental compliance thereby protecting
human health, property and the environment. The Department must consider
the environmental implications of its operations. For example, the
National Oceanic Atmospheric Administration (NOAA) operates facilities,
ships, and aircraft worldwide requiring environmental stewardship and
compliance with international, federal, state, and local regulations.
The Department, through its various bureaus, leases and owns facilities
nationwide and must execute its mission in an environmentally
responsible manner.

**APPLICABILITY.** This Manual applies to Department Operating Units. It
also applies to tenants, such as other federal agencies, contractor
activities, and lessees providing direct support to the Department and
located on real property within the Department's jurisdiction. Contracts
to operate Government-owned facilities for the Department must reference
this Manual and designate by specific citation the applicable
provisions. Department entities conducting operations in foreign
countries must also comply with this Manual.

**PROPONENT AND EXCEPTION AUTHORITY.** The Secretary of Commerce is the
proponent of this Manual. The Chief Financial Officer/Assistant
Secretary for Administration has the authority to approve waivers to
this Manual that are consistent with law or regulation.

**SUPPLEMENTATION.** Supplementation to this Manual and establishment of
local forms by Department Offices and Operating Units are prohibited
without prior approval from the Chief Financial Officer/Assistant
Secretary for Administration. The requirements of such supplements and
forms must be consistent with, and no less stringent than the
requirements in this Manual.

**SUGGESTED IMPROVEMENTS.** Users are invited to send comments and
suggested improvements to the Department of Commerce, Office of Real
Estate (ORE), Room 1036, 1401 Constitution Avenue, NW, Washington, DC
20230.

**DISTRIBUTION.** This Manual will be distributed throughout the
Department in an effort to enhance the performance of the Department's
environmental management and compliance programs.

**INTRODUCTION**

**[SECTION 1. PURPOSE]{.underline}**

.01 This Manual describes the Department's environmental management and
compliance programs, policies and objectives. The Department is
committed to managing an efficient, effective and customer-oriented
program focused on environmental stewardship, and supported by the four
pillars of environmental management: compliance, pollution prevention,
conservation, and restoration.

a\. Compliance: The Department shall comply with all federal, state and
local environmental laws, regulations, and Executive Orders.

b\. Pollution Prevention: The Department's goal is to prevent and reduce
the volume and/or toxicity of pollution at the source.

c\. Conservation: The Department shall manage the controlled use and the
systematic protection of natural resources.

d\. Restoration: The Department encourages the return of previously
contaminated sites to their original state or as determined by
applicable federal, state or local authorities, laws, or regulations.

.02 This Manual provides an overview of the environmental programs,
policies, objectives, and major program requirements and procedures, and
delineates the Department's roles and responsibilities. This Manual
summarizes the major environmental program requirements. It [does
not]{.underline} provide a complete listing of all provisions, or
detailed guidance on complying with environmental laws, regulations, and
Executive Orders. This Manual supplements federal laws, regulations, and
Executive Orders for preserving, protecting, and restoring the quality
of the environment.

**[SECTION 2. BACKGROUND]{.underline}**

.01 Federal facilities, similar to commercial entities, must comply with
all federal, state and local environmental laws and regulations. The
Department strives to develop sound environmental management programs to
ensure long-term compliance with environmental requirements. The
Department's environmental management and compliance programs are
expected to manage people and systems, with a focus on environmental
compliance and proactive pollution prevention initiatives. Accordingly,
this Manual delineates management's responsibility to achieve
environmental compliance by prescribing the policies, procedures, and
responsibilities for a Department-level environmental management
program.

**[SECTION 3. REFERENCES]{.underline}**

[.01 Federal laws, regulations, and Executive Orders referenced and used
to develop this Manual are listed in Appendix A.]{.mark}

**[SECTION 4. SCOPE AND AUTHORITY]{.underline}**

.01 The Chief Financial Officer/Assistant Secretary for Administration
is the Agency Environmental Executive for the Department and has the
authority to approve waivers to this Manual that are consistent with
law, regulation, and Executive Orders or with Department environmental
policies.

.02 This Manual applies to all Department Operating Units. It also
applies to tenants, such as other federal agencies, contractor
activities, and lessees providing direct support to the Department and
located on real property within the jurisdiction of the Department.
Contracts to operate Government-owned facilities must reference this
Manual and designate by specific reference the applicable provisions.
Department Operating Units conducting operations in foreign countries
must reference and comply with this Manual or the applicable foreign
law; whichever is more stringent.

.03 Supplementation to this Manual by Department Offices and Operating
Units is prohibited without prior approval from the Chief Financial
Officer/Assistant Secretary for Administration. The requirements of such
supplements must be consistent with, and no less stringent than the
requirements in this Manual.

.04 This Manual establishes the policies and procedures for implementing
and maintaining the Department's environmental management program. The
Manual, which has the status and effect of a Department Administrative
Order (DAO), serves as the single authoritative Department environmental
management program reference for all Department employees.

.05 The Director, Office of Real Estate, has been delegated authority to
approve revisions to this Manual.

**[SECTION 5. POLICIES]{.underline}**

.01 Department Operating Units shall:

a\. Comply with the laws, regulations, Executive Orders, and directives
forming the basis for this Manual, and cooperate with federal, state,
and local agencies to improve the quality of the environment.

b\. Plan, develop, and implement all programs and activities in a manner
preventing or minimizing adverse impacts on environmental quality.

c\. Coordinate with the Department's legal counsel regarding all reports
of liability, permits, agreements, notices of violations, and
enforcement actions.

d\. Comply with tribal rules and regulations at facilities located on
tribal lands or when an action occurs on tribal lands as an extension of
local laws.

**[SECTION 6. DISCLAIMER]{.underline}**

.01 This Manual is intended to only improve the internal management of
the Department of Commerce and its Operating Units in the performance
and fulfillment of its various duties and obligations under existing
laws, regulations and Executive Orders. IT IS NOT INTENDED TO CREATE ANY
RIGHT, BENEFIT, CLAIM, CAUSE OF ACTION, OR TRUST RELATIONSHIP, EITHER
SUBSTANTIVE OR PROCEDURAL, ENFORCEABLE AT LAW OR EQUITY BY A PARTY
AGAINST THE UNITED STATES, THE DEPARTMENT, ITS OPERATING UNITS,
OFFICERS, EMPLOYEES OR AGENTS.

**[SECTION 7. INQUIRIES]{.underline}**

.01 Inquiries concerning information or status reports on environmental
compliance or other elements of the Department\'s environmental
management programs should be directed to:

*Department of Commerce*

*Office of Real Estate, Room 1036*

*Washington, DC 20230*

*(202) 482-3580*

*-* **END -**

**CHAPTER 1 - ENVIRONMENTAL STEWARDSHIP**

**[SECTION 1. PURPOSE]{.underline}**

.01 This Chapter outlines the goals, objectives, responsibilities, and
roles for implementing and complying with the Department's policy to be
good stewards of the environment, thereby protecting human health,
property and the environment.

.02 The Department's environmental stewardship policy was developed as
result of Executive Order 13148, *Greening the Government Through
Leadership in Environmental Management* (April 21, 2001). This Executive
Order makes the Secretary of Commerce responsible to ensure all
necessary actions are taken to integrate environmental accountability
into day-to-day

decision-making and long-term planning processes across all activities
and functions of the Department. Consequently, sound environmental
management considerations must be a fundamental and integral component
of the Department's operations, plans, and management.

**[SECTION 2. SCOPE]{.underline}**

.01 Provisions of this Chapter apply to Department Operating Units.

**[SECTION 3. ROLES AND RESPONSIBILITIES]{.underline}**

.01 The Secretary of Commerce serves as the trustee for the natural and
cultural resources managed by the Department and is responsible for
protecting the quality of the land, air, and water at
Department-operated facilities, whether leased or owned. The Secretary
ensures all necessary actions are taken to integrate environmental
accountability into agency day-to-day decision-making and long-term
planning processes, across all agency missions, activities, and
functions.

.02 The Chief Financial Officer/Assistant Secretary for Administration
(CFO/ASA) holds primary responsibility for the Department's
environmental programs. Many of these responsibilities are executed
through the Director, Office of Administrative Services. The CFO/ASA has
the following duties:

a\. Serves as the Agency Environmental Executive (AEE) for programs
requiring such designation, as appointed by the Secretary, pursuant to
Section 301(d) of Executive Order 13101, *Greening the Government
Through Waste Prevention, Recycling, and Federal Acquisition*.

b\. Ensures that environmental policy, guidance, and direction comply
with the federal laws, regulations, and Executive Orders listed in
Appendix A. The requirements of any policy must be consistent with and
no less stringent than the requirements of federal, state, or local
laws.

c\. Establishes and promotes environmental policy, guidance, and
direction.

d\. Performs an annual review of the Department's environmental
management and compliance programs.

.03 The Department Environmental Manager, Office of Real Estate, has the
following duties:

a\. Provides oversight to ensure Department-wide compliance with
environmental policies.

b\. Provides environmental expertise, guidance, management support, and
education to Departmental Offices and Operating Units.

c\. Serves as the primary point of contact for environmental management
and compliance within the Department.

d\. Serves as the Department's representative at meetings and on
intra-agency and inter-agency committees which pertain to environmental
management and compliance.

e\. Develops funding strategies and priorities for environmental
programs.

f\. Prepares Departmental reports as required by the Manual and the
federal laws, regulations, and Executive Orders listed in Appendix A.

g\. Measures and reports Department-wide environmental compliance.

.04 The Director, Office of Acquisition Management, has the following
duties:

a\. Develops acquisition policy to ensure procurement of material
designed to lessen environmental impacts throughout its lifecycle, while
ensuring operational effectiveness.

b\. Encourages the integration of environmental issues into acquisition
training programs.

c\. Establishes procurement policies that encourage the acquisition and
use of environmentally preferable products and services,
recovered/recycled products and energy efficient products.

.05 The Office of General Counsel has the following duties:

a\. Provide legal advice to the Department and its Operating Units on
environmental matters, except where specifically provided otherwise.

b\. Represent the Department at meetings and intra-agency and
inter-agency committees on matters of environmental law.

c\. Act as agency counsel in defense of the Department in litigation or
threatened litigation,

except where specifically provided otherwise.

d\. As appropriate or required, review reports, responses, and other
communications for legal sufficiency.

.06 The Office of Occupational Safety and Health provides safety and
occupational expertise and guidance on matters that affect the health
and welfare of Departmental employees.

.07 Heads of Operating Units have the following duties:

a\. Ensure all necessary actions are taken to integrate environmental
accountability into

day-to-day decision-making and long-term planning processes across all
Operating Unit activities and functions.

[b. Implement and support the policies and procedures established by
this Manual.]{.mark}

c\. Establish policy, guidance, and direction to manage the Operating
Units' compliance with the federal laws, regulations, and Executive
Orders listed in Appendix A. The requirements of all Operating Unit
policy must be consistent with, and no less stringent than, the
requirements of

this Manual and federal law.

d\. Inform the Chief Financial Officer/Assistant Secretary for
Administration, through the Department's Environmental Manager, of the
status of the Operating Units' environmental management and compliance
program.

e\. Advise the Chief Financial Officer/Assistant Secretary for
Administration of significant actions undertaken or anticipated by the
Operating Unit to ensure compliance with the federal laws, regulations,
and Executive Orders listed in Appendix A of this Manual.

f\. Notify the Office of the Assistant General Counsel for Finance and
Litigation immediately of, and provide copies of, any criminal
indictment or information, enforcement action, EPA notice of Potential
Liability and/or Request for Information Letter issued under the
Comprehensive Environmental Response, Compensation and Liability Act or
the Resource Conservation and

Recovery Action (RCRA), Notice of Intent to Sue, Summons, and Complaint,
or any similar correspondence from federal, state or local agencies or
litigants exposing the Operating Unit activities to litigation.
Notification of such matters shall also be sent to the Department
Environmental Manager.

g\. Notify the Department Environmental Manager of any requests received
from federal, state, or local agencies for documentation related to the
Department's or the Operating Unit's environmental management and
compliance programs (i.e., inspections, enforcement actions, consent
orders, assessments, etc.).

h\. Ensure compliance with all federal laws, regulations, and Executive
Orders listed in

Appendix A through external and internal assessments, audits, reviews,
and surveys.

i\. Support training programs for environmental management and
compliance personnel.

j\. Perform an annual review of the Operating Unit's environmental
management and compliance programs.

**[SECTION 4. OBJECTIVES]{.underline}**

.01 Reduce the use of hazardous materials, substances or chemicals, the
generation or release of pollutants and hazardous wastes, and the
adverse effects on human health and the environment caused by Operating
Unit activities.

.02 Reduce pollution through improvements in energy and water
efficiency, the use of

alternative fuels, and other initiatives that improve resource
utilization.

.03 Emphasize pollution prevention, including improvements in energy and
resource utilization, as the "first choice" in achieving compliance with
applicable environmental requirements and Executive Orders.

.04 Reduce the life cycle costs of equipment and materials by avoiding
the use of hazardous chemicals and substances.

.05 Plan, program, and budget to meet Departmental environmental
management and program objectives and targets.

.06 Establish and execute cost-effective waste prevention and recycling
programs to reduce the volume and/or toxicity of acutely hazardous,
hazardous, and regulated RCRA Subtitle C solid waste.

.07 Promote the use of environmentally preferable products, to the
maximum extent practical, by revising specifications and standards.

**[SECTION 5. TARGETS]{.underline}**

.01 Heads of Operating Units shall designate, in writing, an
environmental point of contact to oversee and manage environmental
leadership. Submit (electronic versions acceptable) a letter to the
Department Environmental Manager, with the name, phone number, address,
email address

of the environmental point of contact and office along with other points
of contact for environmental matters. Provide an update when changes
occur.

**- END -**

**CHAPTER 2 - ENVIRONMENTAL COMPLIANCE AND REPORTING**

**[SECTION 1. PURPOSE]{.underline}**

.01 This Chapter prescribes the policies, objectives, and targets for
reporting environmental compliance to the Department Environmental
Manager.

**[SECTION 2. SCOPE]{.underline}**

.01 The provisions of this Chapter apply to Department Operating Units.

**[SECTION 3. DEFINITIONS]{.underline}**

.01 Enforcement Action: An enforcement action is a formal, written
notification by the Environmental Protection Agency or other authorized
federal, state, or local environmental regulatory authority of violation
of any applicable statutory or regulatory requirement. Enforcement
action does not include warning letters, informal notices of
deficiencies, or notices of deficiencies to permit applications. All
infractions of a separate statutory or regulatory requirement constitute
a separate enforcement action, even if addressed in a single notice.
Items found to be out of compliance during an internal audit are not
included in this definition of enforcement action.

.02 Open Enforcement Action: An open enforcement action is an
enforcement action where a formal, written notice has been issued but is
not yet closed by one of the resolutions described under the definition
of closed enforcement action.

.03 Closed Enforcement Action: A closed enforcement action is an
enforcement action that has been resolved by one of the following:

a\. Revocation of the action by the regulating authority.

b\. Closure of the action following written notice from the regulating
authority that the action is closed or resolved.

c\. Closure of the action, after a reasonable time span, following
written notice from the regulating authority of their intent to close
the enforcement action.

d\. Receipt of a signed compliance agreement order.

e\. Approval from the Department Environmental Manager to close the
finding.

.04 Significant Environmental Event: A significant environmental event
is a noteworthy environmental occurrence (positive or negative) that may
be of interest to or require a "timely and appropriate" response from
the Operating Unit or Department. Such occurrences may involve
compliance with environmental statutes, criminal environmental
enforcement actions, major oil and/or chemical emergencies or spills, or
assessed fines and/or penalties.

**[SECTION 4. POLICIES]{.underline}**

.01 Environmental programs must achieve, maintain, and monitor
compliance with all applicable federal, state, and local laws and
requirements, both substantive and procedural (hereafter referred to
collectively as "environmental requirements"). This includes compliance
with requirements in statutorily mandated or authorized documents, such
as permits, judicial decrees, or consent or compliance agreements that
seek to preserve, protect, or enhance human health and/or the
environment.

a\. Operating Units will plan, program, and budget to achieve, maintain,
and monitor compliance with applicable environmental requirements.

b\. When applicable and cost effective, use environmental projects,
preferably pollution prevention and waste minimization, to offset fines
and penalties, where appropriate and allowed by law.

c\. Operating Units will pay reasonable fees or service charges to
federal, state, and local Governments for compliance costs or activities
except where such fees are:

-   Discriminatory in either application or effect;

-   Used for a service denied to a federal agency;

-   Assessed under a statute in which the federal sovereign immunity has
    not been unambiguously waived;

-   Disproportionate to the intended service or use; or

-   Determined to be a federal, state or local tax. (The legality of all
    fees shall be evaluated by appropriate legal counsel.)

d\. Report all information required by applicable statutes, regulations,
permits, orders, and agreements.

e\. Promptly correct any environmental violations discovered and
appropriately remedy any harm done.

# SECTION 5. OBJECTIVES AND TARGETS

.01 Achieve full and complete compliance with applicable federal, state,
and local environmental laws and regulations, and Executive Orders.

.02 Strive for continual environmental improvement in terms of regulated
and unregulated impacts.

.03 Maximize source reduction, recycling, or other pollution prevention
approaches as practical.

.04 Establish, track, and review environmental performance goals.

**[SECTION 6. MAJOR PROGRAM REQUIREMENTS AND PROCEDURES]{.underline}**

.01 The Department Environmental Manager shall track and report
Department and Operating Units environmental compliance status to the
CFO/ASA through the Director, Office of Administrative Services, on an
annual basis or as required. Operating Units shall provide the
Department Environmental Manager the following information:

a\. The number of open enforcement actions, as well as previously
reported enforcement actions which have been closed since the last
quarterly report, and include a description of violations and actions
that have been or will be taken to correct violations.

b\. Any significant environmental events such as reportable spills,
accidents, releases, notices of violations, and regulatory actions that
could reflect negatively on the Department.

c\. Pollution prevention initiatives undertaken during the past year.

d\. Other environmental compliance items as required by the CFO/ASA or
the Department Environmental Manager, such as the implementation of
environmental management systems and other federal scorecard or
Executive Order reporting requirements.

.02 The Department Environmental Manager will develop reporting
requirements that facilitate Environmental Protection Agency and Office
of the Environmental Executive reporting requirements such as, but not
limited to, the Executive Order 13148, *Greening the Government Through
Environmental Leadership* and the Resource Conservation and Recovery Act
reports.

.03 Annually, the Department Environmental Manager will develop and
forward reporting requirements to the Operating Units.

**- END -**

**CHAPTER 3 - ENVIRONMENTAL FUNDING**

**[SECTION 1. PURPOSE]{.underline}**

.01 This Chapter prescribes the policy, objectives, and targets for
environmental funding.

**[SECTION 2. SCOPE]{.underline}**

.01 The provisions of this Chapter apply to environmental budget items
identified in this Chapter and throughout this Manual.

**[SECTION 3. POLICY]{.underline}**

.01 Compliance with federal, state, or local environmental laws is the
utmost priority and any violation must be expeditiously corrected using
any and all available appropriations.

.02 Operating Units must submit budget information regarding
environmental compliance to the Department Environmental Manager for
review and comment. The Operating Unit will determine what budget
information will be provided to the Department Environmental Manager.

.03 The Department Environmental Manager will review Operating Units'
environmental budget items and make recommendations for improving
justifications, where appropriate. The Department Environmental Manager
will use the budget information to defend budget requests at the
Department level and build a historical record of environmental funding.

**[SECTION 4. OBJECTIVES AND TARGETS]{.underline}**

.01 Create strong justification for environmental budget items in order
to successfully compete for limited resources.

.02 Follow prescribed budget preparation guidance and requirements
provided by the Office of Management and Budget and the Department.

**[SECTION 5. MAJOR PROGRAM REQUIREMENTS AND PROCEDURES]{.underline}**

.01 The Department's environmental program can be separated into four
primary areas of concern: compliance, pollution prevention,
conservation, and restoration.

a\. Compliance ensures operations comply with all applicable federal,
state, and local environmental laws and standards.

b\. Pollution prevention focuses on eliminating pollution by reducing
the use of hazardous chemicals and materials at the source and
preventing environmental releases of pollutants.

c\. Conservation focuses on the controlled use, systematic protection,
and sustainment of our natural and cultural resources, including:
wetlands, historic sites, and endangered species through sound
stewardship, management, and the use of the environmental impact
analysis process.

d\. Restoration focuses on clean-up of pollution resulting from past
activities and restoring previously contaminated sites to standards
established by the regulating agencies.

.02 Cost requirements for compliance, pollution prevention, and
conservation can be divided into recurring and nonrecurring categories.

a\. Recurring costs are typically for operations and services associated
with on-going activities to monitor and maintain the programs (e.g.,
manpower, training, waste disposal, periodic sampling requirements,
permit fees, plans, protective clothing, spill equipment, special
equipment, etc.). These requirements can be expected to occur from
year-to-year.

b\. Nonrecurring costs are considered \"one time\" expenses and not
expected to occur each year. For example, by virtue of its nature,
cleanup project costs are usually nonrecurring. The initial
implementation of programs, such as environmental audits and surveys,
and pollution prevention projects would also be considered nonrecurring
costs. After such a program has been implemented, its monitoring or
maintenance would be considered a recurring cost.

.03 Construction-Related Expenses: Some environmental-related actions
become necessary

when decisions affect the alteration, closure, or decommissioning of
facilities. Costs associated with such activities shall be part of the
program budget or the construction specific appropriation, not the
environmental compliance program. For example, asbestos removal, in
conjunction with

a renovation project, would be funded as part of the renovation
construction project, not by the environmental compliance program.

**- END -**

**CHAPTER 4 - ENVIRONMENTAL AUDITS**

**[SECTION 1. PURPOSE]{.underline}**

.01 This Chapter prescribes the policies, objectives, and targets for
conducting and reporting environmental audits.

**[SECTION 2. SCOPE]{.underline}**

.01 The provisions of this Chapter apply to Department Operating Units.

**[SECTION 3. DEFINITIONS]{.underline}**

.01 Environmental Audit: An environmental audit is a formal periodic
assessment of environmental compliance, conducted onsite using
established protocols such as the United States Army, Engineering
Research Development Center, Construction Engineering Research
Laboratory, *The Environmental Audit Manual (TEAM) Guide* or other
protocol approved by the Head of the Operating Unit or designated
authority.

a\. External Environmental Audits: External environmental audits are
audits conducted by personnel not directly associated with the evaluated
activities. One representative from the Operating Unit or Department
environmental office should be a member of each external audit team.

b\. Internal Environmental Audit: Internal environmental audits are
audits conducted by personnel from the facility being audited.

**[SECTION 4. POLICIES]{.underline}**

.01 Operating Units should establish policy and guidance to ensure
appropriate facilities are audited for environmental compliance at least
once every three years.

a\. The audit program should include provisions to develop and track
solutions to any compliance problems identified during environmental
compliance audits.

b\. Environmental audits shall include assessing compliance with
Resource Conservation and Recovery Act, Section 6002 (42 U.S.C. § 6962),
buy-recycled requirements and may include assessment of environmental
management systems criteria.

.02 Operating Units should schedule external environmental audits for
the facilities under their control that possess a high likelihood for a
significant environmental event and/or a higher magnitude of consequence
should an event occur. Annually, provide a schedule of external audits
to the Department Environmental Manager.

.03 Operating Units will report or make available the status of any
audit findings to the Department Environmental Manager.

**[SECTION 5. OBJECTIVES AND TARGETS]{.underline}**

.01 Perform external audits at appropriate facilities once every three
years.

**[SECTION 6. MAJOR PROGRAM REQUIREMENTS AND PROCEDURES]{.underline}**

.01 Environmental audits must be designed to enable an Operating Unit to
regularly evaluate its environmental compliance performance and identify
problems areas and potential violations before corrective action becomes
necessary or, if it is already required, to assure timely and adequate
responses.

.02 Environmental audits should identify the root causes of
environmental audit findings and recommend corrective actions to prevent
future problems.

.03 Environmental audit findings should identify potential compliance
issues and include recommended corrective action to assist the facility
in achieving and sustaining compliance.

.04 Audit findings shall be described as one of the following classes:

a\. Class 0 (significant): A finding categorized as significant or class
0 requires immediate

action. It poses, or has a high likelihood of posing, a
[direct]{.underline} and [immediate threat]{.underline} to human

health, safety, the environment, or the operation of the facility. When
significant findings occur, the facility must take immediate action to
resolve the problem or shut down the particular process or operation
creating the situation.

b\. Class 1 (major): A finding categorized as major or class 1 indicates
a situation where the facility is currently out of compliance with an
existing environmental law or has received an enforcement action from a
federal, state or local authority, or is likely to receive an
enforcement action if no corrective action is taken. Major findings
require future action to avoid potential threats to human health,
safety, the environment, or the operation of the facility.

c\. Class 2 (minor): A finding categorized as minor or class 2 indicates
a situation where the facility is presently in compliance, but may
become non-compliant in the relatively near future. Minor findings can
be administrative and procedural in nature.

d\. Class 3 (management practice): A finding categorized as a management
practice or class 3 indicates a situation where the audit teams
recommends implementation of a best management practice to assist a
facility in maintaining or enhancing environmental compliance
performance. These recommendations are not based on environmental
regulations and do not involve

non-compliance. Instead, they are designed to help keep a facility ahead
of compliance.

e\. Positive: A finding categorized as positive indicates a unique or
creative management technique to achieve compliance or improve
operations to minimize environmental impact. The purpose of formally
documenting a positive finding is to share the information with other
Department facilities.

.05 Audit findings identified as class 0 through class 3 should also be
described as one of the following:

a\. Carryover Finding: A carryover finding is a finding that was
observed and documented in a previous audit and remains open.

b\. Repeat Finding: A repeat finding is a finding that was identified
and documented during a previous audit and closed prior to the most
current audit, but the same condition has recurred. This type of finding
indicates improper action was taken to close the finding or the facility
documented closure without taking action.

c\. New Finding: A new finding is a finding that was not observed and
documented in the previous audit.

.06 Operating Units must determine the frequency that internal audits
will be conducted.

.07 Internal environmental audits should be incorporated into the
applicable environmental management system.

.08 Operating Units shall forward external audit result information
within 60 days from date of audit to the Department Environmental
Manager and include the following:

a\. Name and location of facility audited.

b\. Date audit was completed.

c\. The number of individual audit findings by class.

d\. The number of carryover, repeat, and new audit findings.

.09 Immediately report any class 0 audit findings to the Department
Environmental Manager. Include the following in the notification:

a\. Location and brief description of the audit finding.

b\. Short-term and/or long-term action taken or needed to correct or
mitigate the hazard identified in the audit finding.

**- END -**

**CHAPTER 5 - ENVIRONMENTAL MANAGEMENT SYSTEMS**

**[SECTION 1. PURPOSE]{.underline}**

.01 This Chapter prescribes the goals, policies, responsibilities and
roles for implementing and maintaining an environmental management
system (EMS).

.02 The Department's EMS policy was developed as result of Executive
Order 13148, *Greening the Government Through Leadership in
Environmental Management* (April 21, 2000), and the Secretary's
memorandum, subject "Environmental Management Systems," dated April 22,
2003. A copy of this memorandum is available at
www.osec.doc.gov/oas/environmental/ems.htm.

**[SECTION 2. SCOPE]{.underline}**

.01 Provisions of this Chapter apply to all Operating Units.

**[SECTION 3. DEFINITIONS]{.underline}**

01 Appropriate Facility: An appropriate facility for implementing an EMS
is any Departmental property, properties, organization or operation that
conducts activities which can have a significant impact on the
environment.

.02 Environmental Impact: An environmental impact is any change
(complete or partial) to the environment, whether adverse or beneficial,
resulting from the facility's functional mission or activities.

.03 Environmental Management System (EMS): An EMS is that component of
any organization's overall management system that takes into account
organizational structure, planning, activities, procedures, processes,
and resources for developing, implementing, achieving, reviewing, and
maintaining environmental programs and policy. It serves as a tool for
improving overall environmental performance. An EMS integrates
responsibilities and practices into an overall management system to
increase efficiency while reducing environmental impacts. It provides a
systematic way of managing an organization's environmental affairs by:

a\. Identifying and addressing immediate, cumulative and long-term
environmental impacts as a result of missions, services and processes.

b\. Providing order and consistency in addressing environmental impacts
through the allocation of resources, assignment of responsibility and
ongoing evaluation of practices, procedures, and processes.

.04 Environmental Policy: Environmental policy refers to a statement of
intent by the top management of an organization and/or facility to take
environmental impacts into account and present proof of top management's
commitment to developing and implementing an EMS.

.05 Self-Declaration: Self-declaration is a process a facility
implementing an EMS uses to affirm that it is in conformance with the
defined elements of its EMS. The self-declaration may reflect an
internal or external audit of the facility's or organization's EMS
against the established EMS framework or other acceptable protocol.

**[SECTION 4. ROLES AND RESPONSIBILITIES]{.underline}**

.01 The Secretary of Commerce establishes environmental policy for the
Department. Current environmental policy is established by the
Secretary's memorandum, subject "Environmental Management Systems,"
dated April 22, 2003. A copy of this memorandum is available at
www.osec.doc.gov/oas/environmental/ems.htm.

.02 Director, Office of Budget, shall establish and issue EMS funding
policy and/or guidance as appropriate.

.03 The Heads of Operating Units shall:

a\. Establish an environmental policy specifically for their Operating
Unit that is consistent with the Secretary's policy. This environmental
policy shall reflect the nature and scale of the Operating Unit's
activities and embody commitment to compliance with laws and applicable
requirements, preventing pollution, and continual improvement.

b\. Identify the appropriate facilities that will implement an EMS.

c\. Communicate the EMS policy statement to all staff and make it
available to the public.

d\. Establish EMS training programs.

e\. Provide adequate resources to ensure proper implementation of an
EMS.

f\. Annually review and update the EMS and goals.

g\. Encourage knowledge and understanding by all personnel of
environmental management system requirements through comprehensive
education, training, and awareness programs.

.04 The Department Environmental Manager shall track and report the
progress of EMS implementation to the senior management and others as
appropriate.

**[SECTION 5. POLICIES]{.underline}**

.01 Operating Units shall implement an EMS at appropriate facilities in
accordance with applicable Departmental policy, Executive Order 13148,
*Greening the Government Through Leadership in Environmental Management*
and the Department of Commerce EMS Implementation Guide available at
http://www.osec.doc.gov/oas/environmental/ImplementationGuide.htm.

.02 EMSs shall be based on the framework of the International
Organization for Standards (ISO) 14001, the Environmental Protection
Agency (EPA) Code of Environmental Management Principles, or a standard
approved by the Head of the Operating Unit.

.03 Include EMS audits in external environmental audits. See Chapter 4
of this Manual for additional information.

.04 Facilities implementing an EMS will use self-declaration or ISO
14001 standards to validate the EMS has been fully implemented.

**[SECTION 6. OBJECTIVES AND TARGETS]{.underline}**

.01 Develop and implement an EMS at appropriate facilities by December
31, 2005.

.02 Annually, facilities implementing an EMS will report progress
towards achieving their EMS objectives and targets.

**[SECTION 7. MAJOR PROGRAM REQUIREMENTS AND PROCEDURES]{.underline}**

.01 An effective EMS requires clear articulation of environmental
responsibilities across the various elements of an organization.
Environmental responsibilities cannot be confined to the environmental
office or a designated office, they must be recognized as a prime
responsibility of all employees.

.02 Environmental objectives and targets must describe the Operating
Unit's goals for improving environmental performance. Examples of
improved environmental performance or objectives include, as applicable,
reducing air emissions, eliminating hazardous chemical/materials use,
conserving raw materials, or reducing incidences of non-compliance.
Targets are specific and measurable intermediate steps that can be
measured in terms of obtaining the objectives. An example is "Achieving
a 50% reduction in releases of certain toxic substances within two
years." Various Executive Orders (see appendix A for a list of Executive
Orders) and this Manual

provide objectives and targets that must be adopted.

.03 Operating Units or appropriate facilities senior mangers must
establish a procedure and schedule for reviewing their applicable EMS.
These management reviews must be accomplished at least annually. This
review should be designed to allow a phased approach, continual
improvement, and consideration of changes in the Operating Units'
programs. Annual reviews will vary according to the size and nature of
the appropriate facility and how stable or dynamic the external
influences are within the organization.

.04 In accordance with federal guidance, an EMS, to be valid, requires
third-party certification, ISO 14001 certification, or self-declaration
for compliance with EO 13148. Third-party and ISO certification can be
expensive. The facility or Operating Unit seeking third-party
certification will pay all costs for third-party or ISO certification.

.05 Operating Units and/or facilities that elect to use self-declaration
must establish a process

that provides for a credible, effective, and objective assessment of
conformance with the EMS framework. The head of the facility must sign a
letter certifying that the facility self-declared and forward it to the
Department Environmental Manager. Any of the following protocols can be

used to accomplish self-declaration:

a\. ISO 14001 certification procedures. (Note: Registration with ISO is
not required.)

b\. EMS audit procedures and protocols established for the specific EMS
being evaluated for

self-declaration.

c\. The Global Environmental Management Initiative, *ISO 14001
Environmental Management System Self Assessment Checklist*, available at
http://www.gemi.org/docs/PubTools.htm.

d\. *Oregon Green Permits Program Guide--Attachment B: EMS Description
and References,* available at http://www.p2pays.org/ref/32/31063.htm.

.06 The self-declaration process must include the following:

a\. Selection and direction on the use of the chosen self-declaration
protocol.

b\. The frequency of self-declaration internal and external evaluations.
As a minimum, internal evaluations must be conducted annually and
external evaluations at least once every 5 years.

c\. A schedule for review of the appropriateness of the chosen
self-declaration protocol and process. This review should be conducted
before the external evaluation or at least once every 5 years.

d\. Procedures for documenting completion of the self-declaration.
Appropriate facilities that implement an EMS are required to follow the
requirements in step 10 of the Department's *Environmental Management
Systems Implementation Status Reporting Process* (available at
http://www.osec.doc.gov/oas/environmental/ems.htm) for reporting
implementation completion to the Department Environmental Manager.

e\. Requirements for follow-up actions to address inadequacies in the
EMS. At a minimum, facilities implementing an EMS must develop and
forward an executive summary of the inadequacies in the EMS along with
corrective action plans to the Department Environmental Manager no later
than 30 days after completion of the self-declaration.

f\. Qualifications for the self-declaration team members. The lead
evaluator for the initial and external self-declaration evaluations must
be independent from the appropriate facility/EMS being evaluated. This
independent evaluator may be from the Operating Unit headquarters,
another Operating Unit, the Department, another agency or contract
support. Lead evaluators must have at least one of the following
qualifications:

-   Completed formal training in performing environmental or EMS audits;

-   Certified ISO 14001 Lead Auditor; or

-   Certified Environmental System Manager from the National Registry of
    Environmental Professionals.

.07 Annually, appropriate facilities will forward the following to the
Department Environment Manager:

a\. List of their EMS objectives and targets.

b\. Summary of the actions/initiatives taken to achieve objectives and
targets.

c\. Current status towards achieving those objectives and targets.

**- END -**

**CHAPTER 6 - POLLUTION PREVENTION PROGRAM**

**[SECTION 1. PURPOSE]{.underline}**

.01 This Chapter prescribes the policies, objectives, and targets to
implement pollution prevention programs throughout the Department.

**[SECTION 2. SCOPE]{.underline}**

.01 The provisions of this Chapter apply to all Department Operating
Units.

.02 The provisions of this policy do not apply to the following:

a\. Procurement, use, generation, storage, processing, disposal, or
management of radioactive materials.

b\. Additional pollution prevention requirements for
transportation-related onshore and offshore facilities and vessels that
are regulated by the United States Coast Guard.

**[SECTION 3. DEFINITIONS]{.underline}**

.01 Ozone-depleting substance: An ozone-depleting substance (ODS) is any
substance designated as a Class I or Class II substance by the EPA in 40
CFR 82, examples include the following:

a\. Class I ODSs include any substance designated as Class I by the EPA
pursuant to 42 U.S.C. 7671(a), including but not limited to,
chlorofluorocarbons, halons, carbon tetrachloride, and methyl
chloroform.

b\. Class II ODSs include any substance designated as Class II by the
EPA pursuant to 42 U.S.C. 7671(a), including, but not limited to, hydro
chlorofluorocarbons.

.02 Pollution Prevention: Pollution prevention is a practice that
reduces or eliminates the creation of pollutants through increased
efficiency in the use of raw materials, energy, water, or other
resources; or the protection of natural resources by conservation.

.03 Source Reduction: Source reduction does not entail any form of waste
management (e.g., recycling and treatment). Source reduction includes
equipment or technology modifications; process or procedure
modifications; reformulation or redesign of products; substitution of
raw materials; and improvements in housekeeping, maintenance, training,
or inventory control and is any practice that:

a\. Reduces the amount of any hazardous substance, pollutant, or
contaminant entering any waste stream or otherwise released into the
environment (including fugitive emissions) prior to recycling,
treatment, and disposal.

b\. Reduces the hazards to public health and the environment associated
with the release of hazardous substances, pollutants, or contaminants.

.04 Waste Minimization: Waste minimization is the practice of source
reduction or recycling. Waste minimization does not include waste
treatment, transfer of waste constituents from one environmental medium
to another, concentration or dilution of wastes, or disposal of wastes.

**[SECTION 4. POLICY]{.underline}**

.01 Department Operating Units will reduce the generation or release of
pollutants, and the adverse effects on human health and the environment
through pollution prevention and waste minimization.

.02 The Department emphasizes pollution prevention, including
improvements in energy and resource utilization, as the "first choice"
in achieving compliance with applicable environmental requirements as
required in Section 303, Executive Order 13148, *Greening the Government
Through Leadership in Environmental Management*.

.03 Department Offices and Operating Units will incorporate pollution
prevention and waste minimization into all phases of equipment and
materials acquisition, operations, maintenance, support and disposal
over the system life-cycle.

.04 Department Offices and Operating Units shall establish and execute
cost-effective pollution prevention programs to reduce the volume of
hazardous waste.

**[SECTION 5. OBJECTIVES AND TARGETS]{.underline}**

.01 Department Offices and Operating Units shall:

a\. By December 31, 2010, eliminate the priority chemicals in specific
uses identified in the EPA Priority Chemical List (Table 6-1 on page 29)
or reduce the amount of the priority chemicals by 50% from a 2005
baseline.

b\. By December 31, 2010, phase out procurement of Class I
ozone-depleting substances for all non-excepted uses.

c\. Reduce the use of ozone-depleting substances.

**[SECTION 6. MAJOR PROGRAM REQUIREMENTS AND PROCEDURES]{.underline}**

.01 Section 1003 (b) of RCRA established a national policy that
encourages reduction or elimination of the generation of hazardous waste
as expeditiously as possible, wherever feasible. Any waste generated
should be treated, stored, and disposed of in ways that minimize future
threats to human health and the environment.

.02 Section 6602 (b) of the Pollution Prevention Act clarified the
national pollution prevention policy by setting priorities for
preventing pollution. Pollution prevention priorities are ranked
preferred to least preferred as follows:

a\. Pollution should be prevented or reduced at the source, whenever
feasible.

b\. Pollution that cannot be prevented should be recycled in an
environmentally safe manner, whenever feasible.

c\. Pollution that cannot be prevented or recycled should be treated in
an environmentally safe manner, whenever feasible.

d\. Disposal or other release into the environment should be employed
only as a last resort and should be conducted in an environmentally safe
manner.

.03 While the term pollution prevention often is used interchangeably
with waste minimization, there are some differences. Pollution
prevention is a broader term than waste minimization in that pollution
prevention encompasses all pollutants, including air emissions,
wastewater and solid wastes; energy and water consumption; and initial
product design. In addition, while both terms encompass source
reduction, certain types of recycling are considered waste minimization,
but not pollution prevention. Generally, only closed-loop recycling,
where chemicals are recycled or reused without being removed from the
process, is considered pollution prevention. Off-site recycling, where
wastes are taken from the process and recycled at another facility or a
different area of the same facility, falls within the definition of
waste minimization, but is not considered pollution prevention.

.04 In accordance with Executive Order 13148, the EPA established a
Priority Chemical List (Table 6-1 on page 29) that targeted chemicals in
specific uses for a 50% reduction by

December 31, 2010. This reduction can be achieved by establishing a
policy to eliminate the chemicals in the specific uses contained in the
EPA Priority Chemical List. The EPA Priority Chemical List reduction
program requirements and procedures include the following steps:

a\. Identify the processes within the organization that operate the
specific uses listed on the EPA Priority Chemical List.

b\. Determine if the priority chemical is used in the process.

c\. Calculate or estimate the 2005 baseline quantities of the chemicals
by researching past reports, purchasing records, and other documents.

d\. Replace existing use with a process that uses a non-priority
chemical or substitute the priority chemical with a less hazardous
chemical. Table 6-2, found on page 29, contains suggested alternatives
to the listed uses and/or chemicals on the EPA Priority Chemical List."

.05 Ozone-depleting substances reduction program requirements and
procedures include the following steps:

a\. Identify all Class I and Class II ODS and the processes that use
these substances.

b\. Develop a plan to phase out the procurement of Class I ODS for all
non-excepted uses by December 31, 2010.

c\. Evaluate present and future uses of ozone-depleting substances and
maximize the purchase and the use of safe, cost-effective, and
environmentally preferable alternatives. Change equipment or processes
to eliminate the use of ODS.

.06 Source reduction can be achieved by equipment or technology
modification, process or procedure modification, reformulation or
redesign of products, substitution of raw materials, and improvements in
housekeeping, maintenance, training, or inventory control.

.07 The EPA does not consider all recycling practices to be
environmentally sound recycling for waste minimization purposes. In
general, the EPA does not consider recycling activities that closely
resemble conventional waste management activities to be waste
minimization. An example includes treatment of wastes for the purposes
of destruction or disposal. Certain other forms of waste treatment also
are not considered waste minimization to include:

a\. Transfer of hazardous constituents from one environmental medium to
another, such as use of an air stripper to evaporate volatile organic
constituents from an aqueous waste into the air.

b\. Concentration activities conducted solely for reducing waste volume,
unless concentration is an integral step in recovering useful
constituents from the waste prior to treatment and disposal.

c\. Dilution of waste to reduce toxicity, unless dilution is a necessary
step in a recovery or recycling operation.

**[SECTION 7. REPORTS]{.underline}**

.01 Submit the following information, annually, as detailed in Chapter 2
of this Manual, to the Department Environmental Manager:

a\. Status of plan to eliminate Class I ODS.

b\. Pollution prevention initiatives undertaken during the past quarter
along with results of the initiatives.

c\. The 2005 baseline for Table 6-1 (see page 29) chemicals and progress
towards achieving the 50% reduction or the policy eliminating the
chemicals in the uses listed in Table 6-1.

Table 6-1: EPA Priority Chemical List

  ------------------ -------------- ---------------------------- -------------- ----------------
  **Use**            **Chemical**   **Limitations/Exceptions**   **Reporting    **Reporting
                                                                 Thresholds**   Measurements**

  Temperature and    Mercury        Exempt where called for in   0 Pounds       Pounds of
  pressure                          3^rd^ party specifications                  Mercury
  monitoring devices                or certifications such as                   
  (medical and                      ASTM, NIST, EPA                             
  industrial)                                                                   

  Switches           Mercury        Only for new construction,   0 Pounds       Pounds of
                                    renovation in facilities and                Mercury
                                    replacement in hardware.                    

  Electroplating     Cadmium        None                         0 Pounds       Pounds of
  Processes                                                                     Cadmium used

  Tin/Lead Soldering Lead           Repair and re-work           0 Pounds       Pounds of lead
  (electrical &                     operations only.                            solder used
  electronic                                                                    
  components)                                                                   

  Pesticide          Napthalene     None                         0 Pounds       Pounds of
                                                                                Napthalene used

  Insulating         PCBs           None                         0 Pounds       Pounds of PCBs
  materials                                                                     in fluid
  (dielectric fluids                                                            
  in transformers                                                               
  and ballasts)                                                                 
  ------------------ -------------- ---------------------------- -------------- ----------------

Table 6-2: Suggested Alternatives

  -------------------------- -------------- -----------------------------------
  **Use**                    **Chemical**   **Suggested Alternatives**

  Temperature and pressure   Mercury        Aneroid manometers- digital and
  monitoring devices                        electronic temperature measuring
  (medical and industrial)                  devices

  Switches                   Mercury        Electronic thermostats, mechanical
                                            switches, ultrasonic and
                                            photoelectric senors

  Electroplating Processes   Cadmium        Alternative metal coatings, metal
                                            deposition, flame coating, limited
                                            area plating

  Tin/Lead Soldering         Lead           Tin copper eutectic, ting silver
  (electrical & electronic                  eutectic
  components)                               

  Pesticide                  Napthalene     Integrated Pest Management
                                            techniques including process
                                            changes

  Insulating materials       PCBs           Early retirement of existing PCB
  (dielectric fluids in                     containing equipment
  transformers and ballasts)                
  -------------------------- -------------- -----------------------------------

**- END -**

**CHAPTER 7 - HAZARDOUS CHEMICALS**

**[SECTION 1. PURPOSE]{.underline}**

.01 The Chapter prescribes the policies, objectives and goals for:

a\. The storage and use of chemicals and, where applicable, the spill
contingency and response requirements for hazardous or regulated
chemicals in a manner consistent with applicable federal, state and
local laws and regulations.

b\. Affirmative procurement programs for the acquisition of the items
with the highest percentage of recovered materials practicable
consistent with EPA guidelines.

.02 Oils, pesticides, asbestos and asbestos-containing materials and
underground and aboveground storage tanks require special management
practices that are addressed in subsequent chapters of this Manual.

**[SECTION 2. SCOPE]{.underline}**

.01 The provisions of this Chapter apply to all Department Operating
Units that store, handle, and purchase hazardous or regulated chemicals.

**[SECTION 3. DEFINITIONS]{.underline}**

.01 Hazardous Chemical/Material: For the purposes of this Chapter, a
hazardous or regulated chemical or material is:

a\. Any chemical or material defined as hazardous in 29 CFR 1910 or
1026.

b\. Any item or chemical which is reportable or potentially reportable
as inventoried under the requirements of the hazardous chemical
reporting, i.e., 40 CFR 355, 370 and or 372.

c\. Any item or chemical which, when being transported or moved on
public roads, is a risk to public health or safety or an environmental
hazard and is regulated by, but not limited to, the following
requirements.

-   Department of Transportation Uniform Safety Act (49 CFR 100-185) as
    amended.

-   International Maritime Dangerous Goods Code of the International
    Maritime Organization as amended.

-   Dangerous Goods Regulations of the International Air Transport
    Association as amended.

-   Technical Instructions of the International Civil Aviation
    Organization as amended.

**[SECTION 4. POLICY]{.underline}**

.01 Department Operating Units that handle, use, and/or store hazardous
or regulated chemicals shall:

a\. Follow legally applicable, relevant and appropriate federal, state
and local regulations related to hazardous chemicals/materials.

b\. Apply best management practices to reduce risk to human health and
the environment from hazardous chemicals/materials. These practices will
be applied throughout the life cycle of the hazardous chemical/material.

c\. Avoid, reduce, or eliminate the use of hazardous chemicals/materials
and the generation of regulated hazardous waste. Apply improved
procurement practices and inventory control to prevent regulated
hazardous waste generation through material spoilage, shelf-life
expiration, or improper inventory control.

d\. Minimize the use of hazardous chemicals/materials through proactive
pollution prevention actions and affirmative procurement programs.

e\. Notify the Department Environmental Manager of any known or
suspected violations of any applicable federal, state or local laws or
regulations related to hazardous chemicals/materials.

f\. Manage and remove polychlorinated biphyenls (PCB) items in
accordance with 40 CFR 761.

g\. Comply with all the provisions of EPCRA (40 CFR 355, 370, and 372),
to include maintaining an inventory and submitting required reports to
the appropriate federal, state and local emergency planning commissions,
and the Environmental Protection Agency.

.02 Heads of Operating Units that use, store and/or handle hazardous
chemicals/materials shall:

a\. Implement a Hazardous Chemicals/Materials Management Plan and/or
Chemical Hygiene Plan to ensure that hazardous and regulated
chemicals/materials are used, stored, handled, and disposed of
appropriately.

b\. Ensure employees are trained in the proper use, handling, and
storage of hazardous chemicals/materials.

c\. Maintain, and make readily available, Material Safety Data Sheets
(MSDS) for each

hazardous chemical/material on-site. The use of the world-wide web
access for MSDS databases is allowed as defined in OSHA 29 CFR 1910 and
1926.

**[SECTION 5. OBJECTIVES AND TARGETS]{.underline}**

.01 Develop and implement a Hazardous Chemicals/Materials Management
Plan and/or Chemical Hygiene Plan.

.02 Establish affirmative procurement programs to reduce and/or control
hazardous chemical/material purchases when and where applicable, in
accordance with laws, regulations, and Executive Orders.

**[SECTION 6. MAJOR PROGRAM REQUIREMENTS AND PROCEDURES]{.underline}**

.01 The definition of hazardous chemicals/materials varies by federal,
state, and local regulations. Check regulations to ensure the most
accurate definition.

.02 Develop and implement a Hazardous Chemicals/Materials Management
Plan and/or

Chemical Hygiene Plan that identifies hazardous chemicals/materials,
management requirements, assigns responsibilities for management, and
establishes local operating procedures. The Hazardous Materials
Chemicals/Materials Management Plan should address the following:

a\. Strategy for complying with applicable laws and regulations.

b\. Procedures to obtain and comply with any permits required for
hazardous chemical/material storage or use.

c\. Handling and storing requirements.

d\. Hazardous chemical/material disposal procedures.

e\. Procedures for procuring hazardous chemicals/materials.

f\. Worker training requirements.

g\. Spill control equipment requirements and procedures.

h\. Emergency preparedness/response protocols.

.03 Maintain a current list of hazardous chemicals/materials to comply
with:

a\. Community notifications required by Emergency Planning and Community
Right-to-Know Act (EPCRA).

b\. Spill reporting required by the Clean Water Act (33 U.S.C. 1251) and
Environmental Protection Agency 40 CFR as amended.

c\. Occupational Safety and Health Administration hazard communication
requirements

(29 CFR 1910.1200 and 29 CFR 1926) and Chemical Hygiene Plan (29 CFR
1910.1450).

.04 Transport hazardous chemicals/materials over public highways and
onsite areas accessible to the general public in accordance with the
Hazardous Materials Transportation Uniform Safety Act (49 USC 5101), and
applicable state and local regulations. Transportation of hazardous
chemicals/materials at on-site areas will be conducted in a manner to
preclude spills or releases to the environment, and to enhance personnel
safety.

.05 Hazardous chemical/material storage areas should be designed and
constructed to prevent releases to the workplace and/or environment.

.06 Excess or unserviceable hazardous chemical/material stocks should be
managed emphasizing waste minimization techniques such as reuse,
recycling, energy recovery, and detoxification (reducing the volume
and/or toxicity when and where applicable).

.07 Manage polychlorinated biphenyls (PCBs) in place unless operational,
economic, or regulatory considerations justify removal. Economic
analysis will include potential environmental damage.

.08 The management, use, disposal, and cleanup of PCBs, must comply with
40 CFR 761.

.09 Small PCB capacitors that preserve the integrity of the container
should be disposed intact as opposed to crushing or other processes that
may result in a release of PCBs.

.10 The Commerce Acquisition Manual, 1323.70, Affirmative Procurement
Program, establishes an affirmative procurement programs for all
EPA-designated guideline items. This program is designed to meet the
requirements of Section 6002 of the Resource Conservation and Recovery
Act and Executive Order 13101.

**- END -**

**CHAPTER 8 - HAZARDOUS AND SOLID WASTE MANAGEMENT**

**[SECTION 1. PURPOSE]{.underline}**

.01 This Chapter prescribes policies, objectives, and targets for
managing hazardous and solid wastes through improved awareness, program
management, and accountability.

**[SECTION 2. SCOPE]{.underline}**

.01 The provisions in this Chapter apply to Department Operating Units
that generate hazardous and solid waste.

**[SECTION 3. DEFINITIONS]{.underline}**

.01 Hazardous Waste Generator: A generator is a person or site, whose
act or process produces hazardous waste or whose act first subjects
hazardous waste to regulation. Environmental Protection Agency and state
environmental regulatory agencies consider entire sites as the
generator. Therefore, in this Chapter, hazardous waste generator shall
refer to the entire, contiguous site, facility, or operating unit.

.02 Hazardous Waste: A hazardous waste is any solid waste defined or
listed as hazardous according to 40 CFR 261.3 (Identification and
Listing of Hazardous Waste) or, where applicable, each State's hazardous
waste management rules and regulations.

.03 Solid Waste: Solid waste is any discarded material as defined
according to 40 CFR 261.2 or, where applicable, each State's solid waste
management rules and regulations.

**[SECTION 4. POLICIES]{.underline}**

.01 Department Operating Units shall comply with legally applicable and
appropriate federal, state, and local laws and regulations for managing,
generating, treating, storing, disposing, and transporting hazardous and
solid wastes. This includes the terms and conditions of federal, state,
or local hazardous and solid wastes permits.

.02 Department Operating Units, where appropriate, will establish local
procedures and responsibilities for the execution of a waste management
program that emphasizes pollution prevention, waste prevention, waste
minimization and individual responsibilities to achieve compliance.

.03 Waste management procedures will be designed upon the following
principles:

a\. Whenever and wherever feasible, seek to prevent the generation and
acquisition of hazardous wastes.

b\. Whenever waste generation is unavoidable, work to reduce the
amounts, toxicity, or risk, generated through the use of sound waste
management practices.

c\. Wherever feasible, move aggressively to clean up and restore areas
contaminated by pollution.

.04 Each hazardous waste generator shall develop and implement a
Hazardous Waste Management Plan that outlines compliance with federal,
state and local laws and regulations.

.05 Department Operating Units should consider the assignment of a
Recycling Coordinator at appropriate facilities to oversee and
coordinate recycling programs.

**[SECTION 5. HAZARDOUS AND SOLID WASTE MANAGEMENT OBJECTIVES AND
TARGETS]{.underline}**

.01 Hazardous waste generators shall comply with federal, state, and
local laws and regulations regarding the handling and disposal of
hazardous and solid wastes.

.02 Department Operating Units shall:

a\. Divert solid waste away from landfill disposal and meet the goals
established in the *Department of Commerce, Strategic Plan to Implement
Executive Order 13101.*

b\. Recycle or reuse the following commodities, at all facilities,
unless significant barriers (e.g., lack of markets, cost effectiveness,
etc.) exist: white paper, mixed paper/newspaper, cardboard, aluminum,
plastic (#1 PET and #2 HDPE), glass, pallets, scrap metal, toner
cartridges, used oil, used ethanol, and, consistent with applicable
hazardous waste regulations, fluorescent lamps and ballasts, unwanted
cell phones, and rechargeable batteries.

c\. Maximize the use of two-sided copying and electronic messaging to
reduce waste.

d\. Where cost effective, refurbish rather than replace used furniture.

e\. Where it is economically feasible, reduce the quantity, volume, or
toxicity of hazardous wastes, emphasizing source reduction and material
substitution methods.

f\. Cooperate, to the extent practical and where cost effective, in
recycling and solid waste minimization programs conducted by local
communities.

**[SECTION 6. HAZARDOUS WASTE MAJOR PROGRAM REQUIREMENTS AND
PROCEDURES]{.underline}**

.01 Report to the Department Environmental Manager all hazardous waste
enforcement action taken against a facility or Department Operating
Unit.

.02 All hazardous waste generators shall maintain a list of the
hazardous waste that is generated, stored, treated, disposed of on-site,
or transported off-site, including by whom and where.

.03 All persons handling or managing hazardous waste will be trained to
perform their responsibilities in a safe and environmentally acceptable
manner.

.04 As applicable, Operating Units shall dispose of special medical
waste in accordance with applicable provisions and implementing
regulations of the Medical Waste Tracking Act of 1988, state, and local
requirements.

.05 The Hazardous Waste Management Plan should contain the following
elements:

a\. Emergency information and contacts.

b\. Introductory materials such as a table of contents, record of annual
review, record of changes and a list of tables and figures.

c\. An introduction that discusses the activities that generate
hazardous waste.

d\. A description of responsibilities for managing hazardous waste.

e\. Location maps showing the location of accumulation and storage
sites.

f\. The latest version of the hazardous waste inventory.

g\. A description of the process to characterize waste and a copy of the
latest waste analysis results cross-referenced to the hazardous waste
inventory.

h\. Hazardous waste management procedures.

i\. Hazardous waste reporting requirements and copies of the latest
report.

j\. Training requirements for the workers that handle or manage
hazardous waste and copies of certificates showing completed training.
Hazardous waste training will cover, at a minimum, the following topics:

1.  Brief discussion and introduction to the Resource Conservation and
    Recovery Act,

> including basic requirements for site specific hazardous waste
> management.

2.  The proper procedures for the identification of hazardous waste.

3.  The proper procedures for managing a hazardous waste accumulation or
    storage site.

4.  Hazardous waste container use, marking, labeling, and segregation.

5.  Hazardous waste turn-in procedures.

6.  Manifesting and transporting hazardous waste.

7.  Spill prevention and emergency response.

8.  Hazardous waste reduction strategies.

9.  Personnel and fire safety practices.

k\. If applicable, copies of the Spill Control and Countermeasures Plan
and/or contingency/spill plan.

l\. List of required equipment and spill response supplies to be
maintained at all hazardous waste accumulation and storage sites.

.06 Accumulation and storage sites should be sited in locations that
facilitate compliance.

.07 Assign an individual to manage each accumulation and storage site.
This individual must be trained in the proper management of the
accumulation or storage site.

.08 Periodically verify permits and licenses for treatment, storage and
disposal facilities that receive hazardous wastes.

**[SECTION 7. SOLID WASTE MAJOR PROGRAM REQUIREMENTS AND
PROCEDURES]{.underline}**

.01 Use integrated solid waste management procedures, techniques, and
practices to manage solid wastes. Refer to Chapter 6 for additional
information.

.02 Department Operating Units, and facilities will cooperate, to the
extent practicable, in recycling programs conducted by the local
community.

.03 Free cell phone and rechargeable battery recycling is available from
the Rechargeable Battery Recycling Corporation (RBRC). The RBRC provides
collection boxes with prepaid shipping labels, instructions, and plastic
bags to hold each battery or cell phone. Call 1-800- 8-BATTERY or visit
[www.rbrc.org](http://www.rbrc.org/).

**- END -**

## CHAPTER 9 - AIR QUALITY

**[SECTION 1. PURPOSE]{.underline}**

.01 This Chapter prescribes the policies, objectives, and targets for
compliance with the Clean Air Act (CAA).

**[SECTION 2. SCOPE]{.underline}**

.01 The provisions of this Chapter apply to Department Operating Units
with devices/discharges subjected to air permit requirements, the CAA or
other federal, state, or local air quality standards.

.02 Provisions for indoor air quality are not addressed in this chapter.

**[SECTION 3. DEFINITIONS]{.underline}**

.01 Air Pollutant: An air pollutant is any air pollution agent or
combination of such agents, including any physical, chemical,
biological, radioactive (including source material, special nuclear
material and byproduct material) substances or matter which is emitted
into or otherwise enters the ambient air and for which ambient air
quality standards have been established. (For some examples, see Section
6.02 of this Chapter.) Such term includes any precursors to the
formation of any air pollutant, to the extent the Environmental
Protection Agency (EPA) has identified such precursor or precursors for
the particular purpose for which the term \"air pollutant\" is used.

.02 Air Pollution Source: An air pollution source is any stationary
source of air pollutant(s) that is built or modified after publication
of final or proposed regulations which prescribe a standard of
performance intended to apply to that type of air pollutant produced. A
stationary source is described as a fixed, non-moving producer of
pollution, such as power plants and other facilities using industrial
combustion processes, paint spray booths, fuel storage tanks, and
solvent cleaning facilities.

.03 Non-Attainment Area: A non-attainment area is any geographic area
that does not meet one or more of the national ambient air quality
standards for the criteria pollutants designated through the CAA.

**[SECTION 4. POLICIES]{.underline}**

.01 Department Operating Units or facilities that operate, modify,
demolish, or construct air pollution sources will obtain and/or
periodically renew construction or operating permits as required by
federal, state, or local air pollution control agencies.

.02 Air pollution sources will be designed, constructed and operated
according to

EPA-issued new source performance standards or more stringent state or
local requirements.

.03 Department Operating Units must establish budgeting and funding
policies for their facilities permit fees.

**[SECTION 5. OBJECTIVES AND TARGETS]{.underline}**

.01 Comply fully with the provisions of the CAA, state, and local laws
and regulations and applicable permit requirements for its facilities.

.02 Reduce or minimize volatile organic compound emissions and nitrogen
oxides emissions in an effort to reduce ambient ozone levels.

.03 When cost effective, procure alternative clean-fuel vehicles in
affected non-attainment areas.

**[SECTION 6. MAJOR PROGRAM REQUIREMENTS AND PROCEDURES]{.underline}**

.01 The CAA assigns primary responsibility for the control of air
pollutants to the states. Federal regulations provide a framework that
each state uses to design specific regulatory strategies to deal with
air pollution within its boundaries. State programs are formalized in
state implementation plans. Once approved by the EPA, these state
implementation plans become federally enforceable. States may impose
more stringent air quality restrictions than federal requirements.
Department Operating Units and facilities shall follow the more
stringent requirements.

.02 The major requirements of the CAA include the following:

a\. 40 CFR 61, National Emission Standards for Hazardous Air Pollutants
(NESHAPS) are uniform national standards that apply to new, modified and
existing stationary sources. The air pollutants regulated include
asbestos, beryllium, mercury, inorganic arsenic, vinyl chloride,
benzene, and radionuclides.

b\. 40 CFR 50, National Ambient Air Quality Standards (NAAQS) are air
pollutants which may be harmful to the public health or welfare. NAAQS
are regulated as either primary or secondary ambient air quality
standards. Primary standards reflect the level of attainment necessary
to protect the public health, allowing for a margin of safety. Secondary
standards, when prescribed, are designed to protect public welfare in
addition to health.

c\. 40 CFR 50-69, CAA Title V is the newest amendment (circa 1990). It
requires the EPA to regulate source categories of 189 toxic air
pollutants and meet maximum achievable control technology standards for
each source category.

d\. 40 CFR 60, New Source Performance Standards (NSPS) apply to
individual air pollution sources. NSPS are established by the EPA for
individual industrial or source categories and include emission
standards; notification and testing procedures; and monitoring and
reporting requirements. These standards are designed to reflect the Best
Available Control Technology (BACT) for each source category. New source
performance standards are uniform national EPA standards that limit the
amount of pollution allowed from new or existing air pollutant sources
that have been modified.

e\. 40 CFR 52.21, Prevention of Significant Deterioration Program (PSD)
preserves air quality in areas where ambient standards have been met
(attainment areas). The PSD program requires preconstruction review and
application of BACT for all emission sources of a given size and
industrial category planning to construct or reconstruct facilities.

.03 Air quality compliance involves prevention, control, abatement,
documentation, and reporting of air pollution from air pollution
sources. Maintaining compliance with air quality regulations may require
reduction or elimination of emissions from existing sources, and control
of new pollution sources.

.04 State regulations generally establish emission limits for various
types of air pollution sources and require permits for construction,
modification, and operation of these sources of air pollutants.
Performance testing and periodic or continuous emission monitoring may
be required to assure compliance with emissions limits. Both civil and
criminal penalties may be imposed for permit violations.

.05 Permits and permit fees.

a\. The CAA Amendments of 1990 established a nationwide permit program
for air pollution sources. States issue federally enforceable operating
permits. These permits are designed to enhance the ability of the EPA,
state, local regulatory agencies, and private citizens to monitor and
enforce the CAA requirements.

b\. Permits typically clarify operating, controlling, record keeping,
and reporting requirements for affected air pollution sources.

c\. Permit applications may require the preparation of detailed plans to
include compliance plans for air pollution sources. These plans
accompany each permit application. Failure to comply with the plan or
permit can be grounds for enforcement action.

.06 Engineering and economic analyses should be performed for each
project requiring specification or installation of equipment for the
control of air pollutants. These analyses will ensure the selected
control technology meets compliance requirements, does not create an
unacceptable health or safety risk, and is cost effective.

.07 When planning and/or designing a new air pollution source or
modifying an existing source, coordinate the design with responsible
EPA, state, or local authorities at the earliest practical time.

**- END -**

**CHAPTER 10 - ASBESTOS MANAGEMENT**

**[SECTION 1. PURPOSE]{.underline}**

.01 This Chapter prescribes the policies, objectives, and targets to
effectively manage asbestos.

**[SECTION 2. SCOPE]{.underline}**

.01 The provisions of this Chapter apply to all Departmental Operating
Units with building owner or building operations and maintenance (O&M)
responsibility (i.e. cleaning, maintenance, repair, or renovation work).

.02 Not all Occupational Safety and Health Administration (OSHA) program
requirements are covered in this Chapter.

**[SECTION 3. DEFINITIONS]{.underline}**

.01 Abatement: The removal of asbestos containing material from a
damaged area, a functional space, or a homogeneous area in a building.

.02 Asbestos: Asbestos means the asbestiform varieties of chrysotile;
crocidolite; amosite; anthophyllite; tremolite; and actinolite.

.03 Asbestos-Containing Building Material (ACBM): ACBM refers to any
building material which contains more than 1% asbestos.

.04 Asbestos-Containing Material (ACM): ACM refers to any material or
product which contains more than one percent asbestos.

.05 Asbestos Management Plan (AMP): The AMP is a permanent record of the
current status and condition of all asbestos containing material in an
installation's facility inventory. The AMP also contains the
documentation and procedures for all asbestos management efforts to
ensure compliance with applicable federal, state, and local regulations.

.06 Friable ACM: Friable ACM means any material, containing more than 1%
asbestos, which, when dry, can be crumbled, pulverized, or reduced to
powder by hand pressure. (examples: pipe insulations, sprayed-on
fireproofing, and boiler insulation)

.07 Management in Place: Management in place refers to principle of
maintaining intact, undisturbed asbestos so that is does not become
damaged or disturbed and release asbestos fibers.

.08 Non-friable: Non-friable ACM means any material, containing more
than 1% asbestos, which, when dry, cannot be crumbled, pulverized, or
reduced to powder by hand pressure.

.09 Operations and Maintenance (O&M) Program: O&M is a program of work
practices to maintain ACM in good condition, ensure clean up of asbestos
fibers previously released, and prevent further release by minimizing
and controlling ACM disturbance or damage.

.10 Permissible Exposure Limit (PEL): The PEL for asbestos is 0.1
fibers/cubic centimeters (f/cc) and is based upon the average exposure
for a complete 8-hour work shift.

.11 Repair: Repair means returning damaged ACM to an undamaged condition
or to an intact state so as to prevent fiber release.

**[SECTION 4. POLICIES]{.underline}**

.01 Department Operating Units shall:

a\. Comply with all federal, state, and local laws and regulations on
the management, handling, transportation, and disposal of ACM.

b\. Manage all undamaged ACM in place.

c\. Presume all damaged ACM is hazardous due to its potential to release
airborne asbestos fibers.

d\. Abate, maintain, isolate, repair, or remove damaged ACM to prevent
further disturbance and subsequent release of airborne fibers. ACM that
can not be abated, maintained, isolated or repaired must be removed.

e\. Develop and maintain an AMP.

**[SECTION 5. OBJECTIVES AND TARGETS]{.underline}**

.01 Prevent the release of airborne asbestos fibers above the regulated
PEL.

.02 Applicable Department Operating Units shall identify all ACM and
implement and maintain an AMP.

**[SECTION 6. MAJOR PROGRAM REQUIREMENTS AND PROCEDURES]{.underline}**

.01 States may impose asbestos standards equal to or more stringent than
federal requirements. Department Operating Units must follow the more
stringent requirements.

.02 Asbestos is a problem because, as a toxic substance and a known
carcinogen, it can cause several serious diseases in humans. Symptoms of
these diseases typically develop over a period of years following
asbestos exposure.

.03 ACM in buildings does not always pose a problem or a hazard to
occupants and workers in those buildings. Intact, undisturbed ACM
generally does not pose a health risk. Intact, undisturbed ACM may
become hazardous and pose increased risk when damaged, deteriorated, or
disturbed in some manner, that causes the release of asbestos fibers
into building air.

.04 The principle of \"management in-place\" is designed to keep
asbestos fiber levels low and train personnel responsible for operations
and maintenance (O&M) activities to recognize and manage ACM.

.05 Proper management of asbestos involves identification, assessment
and management of ACM, and if necessary, abatement and removal. In order
to prevent exposing individuals to concentrations of asbestos fibers
above the regulated PEL, Department Offices and Operating Units shall:

a\. Identify ACBM in their buildings.

b\. Manage ACM in a way to minimize or contain release or exposure of
airborne asbestos fibers.

c\. Remove ACM likely to release airborne asbestos fibers which can not
be reliably maintained, repaired, or isolated.

d\. Develop, implement, and maintain a written AMP.

e\. Prior to the demolition or renovation of a building, determine if
the work will disturb ACM and take appropriate action.

.06 Appropriately trained persons should evaluate the risk to facility
occupants, use of the

facility, feasibility of repair, frequency of repair, and
cost-effectiveness when deciding whether to remove or repair damaged
friable asbestos materials.

.07 The AMP should:

a\. Assign roles and responsibilities.

b\. Establish inspection and repair capabilities.

c\. Establish a notification and education program to inform workers,
tenants, and building occupants where friable ACM is located including
how and why to avoid disturbing the ACM.

d\. Determine O&M equipment and supply requirements.

e\. Establish procedures for interim control measures and fiber release
episodes.

f\. Establish procedures to assess and prioritize damaged ACMs for
abatement.

g\. Define requirements for asbestos abatement contractors and
analytical laboratories.

h\. Direct surveillance to note, assess, and document any changes in the
ACM\'s condition.

i\. Establish work control systems (operations and maintenance) to
control activities which might disturb ACM. (O&M)

j\. Develop work practices to avoid or minimize fiber release during
activities affecting ACM.

k\. Maintain records relating to asbestos identification management and
abatement.

l\. Develop and implement procedures to prevent the use of ACM in new
construction.

m\. Establish O&M training requirements for maintenance and custodial
personnel.

**- END -**

**CHAPTER 11 - LEAD-BASED PAINT MANAGEMENT**

**[SECTION 1. PURPOSE]{.underline}**

.01 This Chapter prescribes the policies, objectives, and targets to
establish and implement a program to identify, control or eliminate
lead-based paint (LBP) hazards, through interim controls or abatement.

**[SECTION 2. SCOPE]{.underline}**

.01 The provisions of this Chapter apply to all Department Operating
Units with building operations and maintenance (O&M) responsibility and
child-occupied or residential facilities.

.02 Not all Occupational Safety and Health Administration program
requirements are covered in this Chapter.

**[SECTION 3. DEFINITIONS]{.underline}**

.01 Abatement: Abatement is any measure or set of measures designed to
permanently eliminate LBP hazards. Abatement includes, but is not
limited to:

a\. The removal of LBP and lead-contaminated dust, the permanent
enclosure or encapsulation of LBP, the replacement of lead painted
surfaces or fixtures, and the removal or covering of lead contaminated
soil.

b\. Preparation, cleanup, disposal, and post-abatement clearance testing
activities associated with such measures. (Note: Abatement does not
include renovation, remodeling, landscaping or other activities, when
such activities are not designed to permanently eliminate LBP hazards,
but, instead, are designed to repair, restore, or remodel a given
structure or dwelling even though

these activities may incidentally result in a reduction or elimination
of LBP hazards.

Furthermore, abatement does not include interim controls, operations,
and maintenance activities, or other measures and activities designed to
temporarily, but not permanently, reduce LBP hazards.)

.02 Child-Occupied Facility: A child-occupied facility is a building or
a portion of a building constructed prior to 1978, visited regularly by
the same child, 6 years of age or under, on at least 2 different days
within any week (Sunday through Saturday period), provided that each
day's visit lasts at least 3 hours and the combined weekly visit lasts
at least 6 hours, and the combined annual visits last at least 60 hours.
Child-occupied facilities may include, but are not limited to, daycare
centers, preschools, and kindergarten classrooms.

.03 Deteriorated Paint: Deteriorated paint is any paint that is
cracking, flaking, chipping, peeling, or otherwise separating from the
substrate of a building component.

.04 Lead-Based Paint (LBP): LBP is any paint or other surface coating
that contains lead equal to or in excess of 1.0 mg/cm^2^ or 0.5 percent
by weight unless otherwise identified by state regulations.

.05 Lead-Based Paint Hazard: A LBP hazard is any condition that causes
exposure to lead from lead-contaminated dust, lead-contaminated soil, or
LBP that is deteriorated or present in accessible surfaces, friction
surfaces, or impact surfaces that would result in adverse human health
effects as identified by the Environmental Protection Agency (EPA) or
authorized regulatory agency pursuant to the Toxic Substances Control
Act (TSCA).

.06 Lead Contaminated Dust: Lead contaminated dust is surface dust in
residential dwellings, or child-occupied facilities that contains an
area or mass concentration of lead at or in excess of levels identified
by the EPA or authorized regulatory agency pursuant to TSCA.

.07 Lead Contaminated Soil: Lead contaminated soil is bare soil on
residential real property and on the property of a child-occupied
facility that contains lead at or in excess of levels identified by the
EPA or authorized regulatory agency pursuant to TSCA.

.08 Paint in Poor Condition: Paint in poor condition is described as
more than 10 ft of deteriorated paint or exterior components with large
surface areas; or more than 2 ft^2^ of deteriorated paint on interior
components with large surface areas (e.g., walls, ceilings, floors,
doors); or when more than 10 percent of the total surface area of the
component is deteriorated on interior or exterior components with small
surface areas (window sills, baseboards, soffits, trim).

.09 Renovation: Renovation is the modification of any existing
structure, or portion thereof, that results in the disturbance of
painted surfaces, unless that activity is performed as part of an
abatement as defined by 40 CFR 745.223. The term renovation includes
(but is not limited to): the removal or modification of painted surfaces
or painted components (e.g., modification of painted doors, surface
preparation activity, such as sanding, scraping, or other such
activities that may generate paint dust; the removal of large structures
(e.g., walls, ceiling, large surface

re-plastering, major plumbing), and window replacement.

.10 Target Housing: Target housing is any housing constructed prior to
1978, except housing for the elderly or persons with disabilities
(unless any child who is \< 6 years of age resides or is expected to
reside in such housing) or any zero-bedroom dwelling (40 CFR 745.103 and

745.223).

**[SECTION 4. POLICIES]{.underline}**

.01 Department Operating Units subject to the scope of this Chapter
will:

a\. Comply with all federal, state and local laws and regulations
regarding the handling, use, disposal, abatement, and control of LBP.

b\. Develop and implement a written LBP hazard management program to
identify, evaluate, and reduce LBP hazards in child-occupied facilities.

c\. Manage LBP hazards through interim controls or abatement.

d\. Ensure occupant and worker protection measures are taken during all
repair, maintenance, and renovation activities that disturb areas known
or assumed to have LBP.

e\. Disclose to occupants/users of child-occupied facilities the
presence of any known LBP or LBP hazards, along with steps taken to
reduce or eliminate the hazards and information on LBP hazard reduction
plans occupants or users may employ.

**[SECTION 5. OBJECTIVES AND TARGETS]{.underline}**

.01 Identify LBP hazard surfaces in child-occupied facilities.

.02 Implement an up-to-date LBP management plan in applicable Department
Offices and Operating Units focusing on LBP hazards in child-occupied
facilities.

.03 Notify occupants/users of LBP hazards and provide information on LBP
hazard reduction measures they can use.

**[SECTION 6. MAJOR PROGRAM REQUIREMENTS AND PROCEDURES]{.underline}**

.01 States may have imposed LBP standards more stringent than federal
requirements. Department Offices and Operating Units shall follow the
more stringent requirements.

.02 While exposure to lead is a concern for all, childhood lead
poisoning is one of the most common and preventable pediatric health
problems in the United States today. Experts agree there are three major
sources of lead exposure to children: (1) LBP, (2) lead-contaminated
soil and dust, and (3) lead-contaminated drinking water. These sources
are considered major because of the number of children potentially
exposed.

.03 Children can be exposed to lead through ingestion of lead containing
paint chips and dust via hand to mouth activities. Lead was a common
ingredient in residential interior and exterior

oil-based paints produced prior to 1950. As the LBP deteriorates from
age or mechanical forces, lead is released into the environment. The
most common household occurrence of lead is in house dust on window
sills where the window trim has been coated with LBP. This is because
the LBP is abraded during window opening/closing over a long period of
time.

.04 The major source of lead exposure for adults is from operations
involving maintenance, renovation, abatement work, and corrosion control
of items previously painted with LBP. Workers who may be exposed to lead
include abrasive blasters, inspectors, painters, and cleaning personnel
working in areas where lead-containing dust may be present. In addition
to these potential occupational exposures, lead may be brought into a
home on the clothing of personnel who work in lead-related areas. This
occurs when personnel do not employ proper work practices or use proper
personal protective equipment when performing lead-related work.

.05 When leasing or selling target housing, the Department is required
to disclose any knowledge it has of the presence of known LBP and/or LBP
hazards (40 CFR 745.100). In addition, a pamphlet with lead hazard
information must be provided.

.06 All LBP activities are required to be performed by certified
individuals and firms. Certification is available for inspectors, risk
assessors, supervisors, project designers, and abatement workers.

**- END -**

**CHAPTER 12 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS**

**[SECTION 1. PURPOSE]{.underline}**

.01 This Chapter prescribes the policies, objectives, and targets for
complying with environmental standards applicable to underground and
aboveground storage tanks.

**[SECTION 2. SCOPE]{.underline}**

.01 The provisions of this Chapter apply to all Department Operating
Units with underground and aboveground tanks subject to federal, state,
or local requirements. See 40 CFR 280.12 for definitions of tanks that
are not underground storage tanks and therefore not subject to federal
regulations. 40 CFR 280.10 excludes and defers certain underground
storage tanks from federal requirements. The following kinds of tanks
are not covered by this policy:

a\. Farm and residential tanks of 1,100 gallons or less capacity holding
motor fuel used for noncommercial purposes.

b\. Tanks storing heating oil used on the premises where it is stored.

c\. Septic tanks and systems for collecting storm water and/or
wastewater.

d\. Flow-through process tanks.

e\. Emergency spill and overfill tanks.

**[SECTION 3. DEFINITIONS]{.underline}**

.01 Cathodic Protection: Cathodic protection is a technique for
preventing corrosion of a metal surface by making the surface the
cathode of an electrochemical cell. A tank system can be cathodically
protected by applying either galvanic anodes or impressed current.

.02 Free Product: Free product is a regulated substance that exists as a
liquid that does not dissolve in water.

.03 Petroleum Underground Storage Tank: A petroleum underground storage
tank is a tank system containing petroleum or a petroleum mixture,
including: motor fuels, fuel oils, lubricants, petroleum solvents, and
used oils.

.04 Release: A release is the spilling, leaking, emitting, discharging,
escaping, leaching, or disposing of a substance from an underground
storage tank into groundwater, surface water, or soil.

.05 Underground Storage Tank (UST): Any tank or combination of tanks
(including underground pipes connected to the tank) that contains an
accumulation of regulated substances, where 10 percent or more of the
volume (including underground pipes connected to the tank) lies beneath
the ground surface.

**[SECTION 4. POLICIES FOR UNDERGROUND STORAGE TANKS]{.underline}**

.01 Eliminate USTs, where economically beneficial, to reduce long-term
operating costs and future liabilities resulting from leaks. Eliminate
USTs by locating tanks in vaults, constructing aboveground tanks, or
revising operating practices.

.02 Department Office and Operating Units shall develop and maintain a
comprehensive list of USTs and piping locations in order to accurately
track and report compliance status.

.03 Ensure new and existing USTs and associated piping are designed and
constructed to provide corrosion protection, release detection, spill
and overfill prevention, double walls or secondary containment. Follow
40 CFR 265 for UST systems containing hazardous waste.

.04 Consider replacing rather than upgrading existing tanks holding less
than 1,000 gallons.

.05 Periodically check UST systems for leaks.

.06 Notify the applicable regulatory agency and the Department
Environmental Manager within 24 hours when:

a\. A release equals or exceeds a reportable quantity or poses a
significant harm to the environment.

b\. Unusual conditions occur, such as apparent erratic behavior of
equipment, loss of product, or unexplained water in tanks.

c\. A spill or overfill of more than 25 gallons occurs, causes a sheen
on nearby surface water, or otherwise equals or exceeds the reportable
quantity for the spilled substance.

.07 Unless the regulatory agency directs otherwise, submit a report of
initial abatement actions within 20 calendar days after confirming a
release. Send a copy of the report to the Department Environmental
Manager.

.08 Submit a detailed follow-up report to the appropriate regulatory
agency within 45 calendar days after confirming the release. Submit a
copy to the Department Environmental Manager. The report shall include:

a\. The name of the operating unit or facility point of contact.

b\. The nature and estimated quantity of release.

c\. Information on surrounding population, water quality, use and
locations of potentially

affected wells, subsurface soil conditions, locations of sewers,
climatologically conditions,

and land use.

d\. Results of the initial site check.

e\. The cause of the release.

f\. Results of the free-product investigation, including:

-   Estimated quantity, type, and depth of any free product.

-   Type of recovery system.

-   Location of on-site or off-site discharges.

-   Type of treatment and effluent quality.

-   Steps taken to obtain necessary permits.

-   The disposal procedure or plan for disposal of any recovered free
    product, contaminated soil, or groundwater.

**[SECTION 5. POLICIES FOR ABOVEGROUND STORAGE TANKS]{.underline}**

.01 Department Operating Units, and facilities with ASTs must:

a\. Comply with the requirements of the Oil Pollution Prevention (40 CFR
112) and all state and local requirements as appropriate.

b\. Maintain a list of all AST locations and their characteristics.

c\. Obtain all required environmental permits, including permits for
constructing and operating ASTs to include storm water discharges from
diked areas and oil/water separators.

d\. Install drainage or diking at ASTs to prevent any accidental
discharges from endangering adjoining property or reaching waterways.

e\. Report AST spills to federal, state, and local regulators, if
applicable. Report all AST spills/releases of over 100 gallons to the
Department Environmental Manager within 24 hours of confirmed
spill/release.

**[SECTION 6. OBJECTIVES AND TARGETS]{.underline}**

.01 Maintain all tanks in accordance with prescribed requirements.

.02 Maintain an up-to-date list of ASTs and USTs.

.03 Upgrade or replace existing non-compliant USTs.

.04 Meet all reporting requirements.

**[SECTION 7. MAJOR PROGRAM REQUIREMENTS AND PROCEDURES]{.underline}**

.01 USTs installed after December 22, 1988, must meet the requirements
for new USTs, to include construction standards, leak detection, spill,
overfill, and corrosion protection requirements.

.02 USTs installed before December 22, 1988, must have had leak
detection installed by December 1993 and spill, overfill, and corrosion
protection installed by December 1998.

.03 UST systems for hazardous substances must have secondary
containment. Secondary containment requirements may be met by using
double-walled tanks and piping, liners, or vaults. Hazardous substance
UST liners must meet code requirements and be compatible with the stored
substance.

.04 Prevent corrosion by installing tanks make of fiberglass-reinforced
plastic, cathodically protected steel, or steel-fiberglass-reinforced
plastic composite.

.05 Prevent spills by ensuring available tank capacity exceeds the
volume of the product and monitoring transfer operations constantly.

.06 Use qualified technicians to repair and certify USTs according to
national codes and standards.

.07 Provide records to regulatory authorities during on-site visits that
prove compliance with certain requirements. Maintain and keep records
long enough to show recent compliance status in the following major
areas:

a\. Leak detection system performance and maintenance records to
include:

-   The last year's monitoring results and the most recent tightness
    test.

-   Copies of performance claims provided by leak detection
    manufacturers.

-   Records of recent maintenance, repair, and calibration of on-site
    leak detection equipment.

b\. Required inspections and tests of the corrosion protection system.

c\. Repair or upgrade records that indicate the work was properly
performed.

d\. Site assessment records resulting from permanent closure of an UST.
Keep this record for at least 10 years after closing the UST.

**- END -**

**CHAPTER 13 - WASTEWATER MANAGEMENT**

**[SECTION 1. PURPOSE]{.underline}**

.01 This Chapter describes the policies, objectives, and targets to
ensure the availability, conservation, and protection of water
resources. It encompasses wastewater treatment and pollution abatement.

**[SECTION 2. SCOPE]{.underline}**

.01 The provisions of this Chapter apply to all Department Operating
Units subjected to federal, state, and local laws for water resource
protection or those Operating Units that treat wastewater.

.02 The control of oil and hazardous substance spills is addressed in
Chapter 15 of this Manual.

**[SECTION 3. DEFINITIONS]{.underline}**

.01 Best Management Practices: Best management practices are measures or
practices to reduce amounts of pollutants entering surface water, air,
land, or groundwater. Best management practices can be a process,
activity, or physical structure.

.02 Discharge Permit: A discharge permit authorizes discharging
wastewater or storm water to the waters of the United States or to a
publicly-owned treatment works (POTW).

.03 Domestic Wastewater: Domestic wastewater is wastewater that contains
human wastes and wastewater from food preparation, laundry, bathing, and
similar activities. Domestic wastewater typically includes wastewater
from housing units and wastewater from commercial or industrial
facilities that is similar to that from housing units. Domestic
wastewater does not include industrial process wastewater.

.04 Industrial Wastewater: Industrial wastewater is wastewater from
industrial activities such as electroplating, metal finishing, corrosion
control, vehicle maintenance, and other industrial processes.

.05 Lift Station: A lift station is a wastewater collection device or
system that pumps wastewater from a gravity sewer to a sewer or
treatment plant at a higher elevation.

.06 National Pollutant Discharge Elimination System (NPDES): NPDES is
the Environmental Protection Agency (EPA) program under the Clean Water
Act (CWA) that regulates the discharge of pollutants from point sources
into the waters of the United States and imposes effluent standards and
enforces pretreatment requirements under CWA sections 307, 318, 402, and
405.

.07 Pretreatment: Pretreatment is treating industrial wastewater before
it is discharged to a federally-owned treatment works or a POTW.

**[SECTION 4. POLICIES]{.underline}**

.01 Operating Units shall define and identify those facilities
responsible for compliance with this policy. Provide a list of these
Operating Units to the Department Environmental Manager.

.02 Operating Units with responsibility for compliance with this policy
shall:

a\. Establish a water quality compliance program to assess, attain, and
maintain compliance with applicable federal, state, and local water
quality regulations.

b\. Obtain permits for wastewater discharges and designated storm water
runoffs.

c\. Comply with all NPDES permit conditions.

d\. Track permit renewal dates to prevent permit expiration.

e\. Resolve all NPDES permit violations within the regulatory agency\'s
time frame. Maintain records of written correspondence and oral
communication with the regulators. Report enforcement actions to the
Department Environmental Manager.

f\. Forward copies of enforcement action(s) and/or notice(s) of
violation resulting from inspections to the Department Environmental
Manager within 4 workdays.

.03 Where economically beneficial, Operating Units should use regional
or municipal water supplies; and wastewater collection and treatment
systems.

**[SECTION 5. OBJECTIVES AND TARGETS]{.underline}**

.01 Identify all water resources with permits or needing permits. Obtain
necessary permits where appropriate.

.02 Comply fully with federal, state, and local permit requirements.

.03 Perform proper notifications of out-of-compliance conditions.

.04 Protect and conserve water resources.

.05 Reuse wastewater whenever economically beneficial.

**[SECTION 6. MAJOR PROGRAM REQUIREMENTS AND PROCEDURES]{.underline}**

.01 Effluent guidelines are applied to individual facilities or
wastewater treatment plants through the NPDES permit program. The NPDES
permit provides discharge limitations of pollutants from point sources
and storm water discharges into United States waters. Permits are issued
from the EPA or the state. See 40 CFR 121-125 for additional
information.

.02 Facilities that discharge wastewater to a POTW are referred to as
indirect dischargers. Indirect dischargers do not require NPDES permits
under the CWA but may be regulated by the local POTW.

.03 The CWA section 311, has requirements for spill prevention, control
and counter measures (SPCC). (For additional information, see Chapter 15
of this manual.) A SPCC must be developed for any facility that meets
each of the following criteria:

a\. The facility has oil or oil product storage in excess of 1,320
gallons in aboveground storage tanks.

b\. Any one aboveground storage tank container greater than 660 gallons
of oil or an oil product.

c\. The facility has greater than 42,000 gallons of oil or oil product
stored in underground storage tanks and there is the potential, either
directly or indirectly, for spilling the oil or oil product into either
navigable or unnavigable waters which can actually or potentially
contaminate the land/water table.

.04 Designated storm water runoffs requiring permits include, but are
not limited to:

a\. Transportation facilities with vehicle maintenance and equipment
cleaning operations.

b\. Hazardous waste treatment, storage or disposal facilities.

c\. Landfills, land application sites, and open dumps that receive or
have received any industrial wastes.

d\. Steam electric power generating facilities, including coal-handling
sites.

e\. Facilities used in storing, treating, recycling, and reclaiming
domestic sewage, including land dedicated to the disposal or sewage
sludge within the confines of the facility (for facilities with a design
flow of more than 1.0 million gallons per day) are required to have an
approved pretreatment program under 40 CFR 403.

f\. Construction activity, including clearing, grading and excavating.
(Exceptions: Operations that disturb less than 5 acres of total land
area and are not part of a larger common development or

sale plan.)

.05 Protect and conserve water resources by:

a\. Controlling or eliminating sources of pollutants and contaminants.

b\. Incorporating non-point source (e.g., storm-water runoff, soil
erosion) abatement measures in construction, facility operations, and
land management activities.

c\. Reusing wastewater and sludge.

d\. Participating with regional water authorities to develop and
implement water conservation measures.

.06 Control the discharge of industrial wastewater by:

a\. Minimizing industrial wastewater discharge.

b\. Keeping prohibited waste from entering domestic wastewater and other
non-industrial sewer systems.

c\. Pre-treating regulated industrial wastewater to acceptable levels
before discharge to a domestic wastewater or other nonindustrial sewer
systems.

.07 Collect and manage industrial wastewater as a hazardous waste if
regulations forbid discharging such wastewater into domestic wastewater
or other nonindustrial sewer systems or pretreatment is impossible.

.08 Oil/Water Separators:

a\. Perform regular inspections and maintenance of all oil/water
separators to maintain water quality compliance.

b\. Use adequately sized oil/water separators to remove incidental
releases of residual fuel, oil, grease, and other oily wastes only when
you cannot use dry cleanup or other cleanup methods.

c\. Obtain a wastewater discharge permit for an oil/water separator when
discharge to a wastewater treatment plant is not possible.

d\. Do not discharge collected fuel, oil, grease, oily waste, solvents,
cleaning compounds, or corrosion-control facility waste or other
contaminants into oil/water separators.

.09 Storm Water:

a\. Storm Water Pollution Prevention Plans must identify potential
sources of pollutants in runoff from industrial activities that could
affect the quality of storm water discharges.

b\. Develop and implement best management practices to eliminate/reduce
pollutants.

c\. For Storm Water Pollution Prevention Plan preparation guidance, see
EPA 832-R-92-006, *Storm Water Management For Industrial
Activities\--Developing Pollution Prevention Plans and Best Management
Practices*, and EPA 832-R-92-005, *Storm Water Management for
Construction Activities\--Developing Pollution Prevention Plans and Best
Management Practices*.

.10 Obtain proper permits and comply with 40 CFR 503, EPA standards for
the use or disposal of sewage sludge, for land application, surface
disposal or incineration of sewage sludge.

Title 40 CFR 503 does not apply to treated industrial wastewater sludge
or sludge disposed in a municipal solid waste landfill if these sludge
comply with 40 CFR 258, EPA *Criteria for Municipal Solid Waste
Landfills.*

.11 Wastewater lift stations must continue to operate during power
failures and have redundant pumps to provide adequate pumping capacity
for handling the maximum wastewater flow when one pump is out of
service. Major lift stations should be provided with stand-by power
generators, portable power generators or two independent power sources.
Provide a connection for a portable generator at small lift stations.

**- END -**

**CHAPTER 14 - DRINKING WATER**

**[SECTION 1. PURPOSE]{.underline}**

.01 This Chapter prescribes the policies, objectives, and targets for
the protection and enhancement of the quality of drinking water in
accordance with the standards established by

40 CFR 141, 143, and 146.

**[SECTION 2. SCOPE]{.underline}**

.01 The provisions of this Chapter apply to public water systems owned
or operated by Department Operating Units.

.02 States may impose drinking water requirements equal to or more
stringent than federal requirements. Department Operating Units shall
follow the more stringent requirements.

**[SECTION 3. DEFINITIONS]{.underline}**

.01 Public water system: A public water system is any collection,
treatment, storage, or distribution facility for the provision of piped
water for human consumption, provided that the system for which it
exists meets these minimum criteria: 15 service connections or regular
daily service for a total of 60 days per year to 25 individuals.

.02 Underground injection: Underground injection is the subsurface
emplacement through a bored, drilled, driven, or dug well where the
depth is greater than the largest surface dimension, whenever a
principal function of the well is the emplacement of any fluid.

**[SECTION 4. POLICIES]{.underline}**

.01 Department Operating Units shall:

a\. Comply with substantive and procedural drinking water regulations
established by the Environmental Protection Agency (EPA) or the
regulations and procedures of those states with primary enforcement
responsibility for federal facilities, as granted by EPA.

b\. Comply with underground injection control programs as established
under the provisions of 40 CFR 146 and approved by EPA.

c\. Monitor and evaluate their public water systems and take corrective
measures necessary to ensure compliance with National Primary Drinking
Water Regulations (40 CFR 141), state regulations and procedures having
primary enforcement responsibility, and with National Secondary Drinking
Water Regulations (40 CFR 143).

**[SECTION 5. OBJECTIVES AND TARGETS]{.underline}**

.01 Protect underground water sources by identifying and regulating
underground injection control activities to those permitted in
accordance with applicable programs approved by EPA under the provisions
of 40 CFR 146.

.02 Maintain records and submit reports concerning public water systems
in accordance with requirements established by regulatory agencies
having enforcement responsibility.

.03 Provide timely notice to water consumers of noncompliance with the
drinking standards of 40 CFR 141. Provide copies of the notices to the
Department Environmental Manager.

**[SECTION 6. MAJOR PROGRAM REQUIREMENTS AND PROCEDURES]{.underline}**

.01 The Safe Drinking Water Act (SDWA) of 1974 was created to provide
safe drinking water for the public. Both primary and secondary drinking
water standards have been set by the EPA regulations which apply to
water after treatment by public drinking water systems. National Interim
Primary Drinking Water Regulations were adopted in 1975 to protect
health. Regulations covering radionuclides were added in 1976.
Regulations for trihalomethanes were promulgated in 1979. Secondary
regulations were established in 1979 as guidelines to states to protect
the non-health-related quantities of drinking water. The 1986 amendments
to the SDWA: (1) establish a mandatory schedule requiring the
promulgation of primary drinking water regulations for 83 contaminants,
(2) prohibit the use of lead in public water systems, (3) provide civil
and criminal penalties for persons who tamper with public water systems
and (4) require closer scrutiny of state programs, including the direct
enforcement of drinking water standards, as appropriate. Also,
regulations were promulgated governing Underground Injection Control or
deep-well injection for Class I and Class V wells.

**- END -**

**CHAPTER 15 - OIL AND HAZARDOUS SUBSTANCES POLLUTION PREVENTION AND
CONTINGENCY PROGRAM**

**[SECTION 1. PURPOSE]{.underline}**

.01 This Chapter prescribes the policies, objectives, and targets to
implement the provisions of the National Oil and Hazardous Substances
Pollution Contingency Plan (referred to as the \"National Contingency
Plan\") and the Environmental Protection Agency (EPA) Regulations on Oil
Pollution Prevention.

**[SECTION 2. SCOPE]{.underline}**

.01 The provisions of this Chapter apply to all Department Operating
Units that have discharged or could reasonably be expected to discharge
oil or hazardous substances in harmful quantities into or upon the
waters of the United States or adjoining shorelines.

**[SECTION 3. DEFINITIONS]{.underline}**

.01 Discharge: A discharge is any spilling, leaking, pumping, pouring,
emitting, emptying, or dumping. Discharges, as used in this Chapter, do
not include those within the limits and criteria of appropriate federal
or state permits.

.02 Oil: Oil is any kind or form of oil, including but not limited to
petroleum, fuel oil, sludge, oil refuse, vegetable oil, animal fat, and
oil mixed with wastes other than dredged materials.

.03 Waters of the United States: The waters of the United States are the
navigable waters of the United States; tributaries of navigable waters
of the United States; interstate and intrastate lakes, rivers, and
streams.

.04 Contiguous Zone: The contiguous zone is the entire zone, contiguous
to the territorial sea, established by the United States under Article
24 of the Convention of the Territorial Sea and the Contiguous Zone.

.05 Harmful Quantities: Harmful quantities are that quantity of oil
which is harmful to public health or welfare; or violates applicable
water quality standards; or causes a film, sheen, or discoloration of
the water surface or adjacent shorelines; or causes a sludge or emulsion
to be deposited beneath the water surface or upon adjacent shorelines. A
direct discharge of oil from a properly functioning vessel engine is not
deemed to be harmful; but such oil accumulated in a vessel\'s bilge and
subsequently discharged shall not be so exempt.

.06 Hazardous Substances: Hazardous substances, as defined for this
Chapter, are any materials, other than oil, which, when discharged in
any quantity into or upon waters of the United States, adjoining
shorelines, or waters of the contiguous zone, present an imminent and
substantial danger to the public health or welfare, including, but not
limited to, fish, shellfish, wildlife, shorelines, and beaches. This
definition will apply until a definitive list of hazardous substances is
issued pursuant to the Federal Water Pollution Control Act.

.07 Spill Prevention, Control, and Countermeasure (SPCC) Plan: The SPCC
plan is a plan prepared in accordance with good engineering practice,
which establishes, for a specific facility, procedures to prevent oil
discharges or to minimize the potential for oil discharges, and which
has the full approval of management at the level authorized to commit
the necessary resources to support the plan.

**[SECTION 4. POLICIES]{.underline}**

.01 Department Operating Units shall not intentionally discharge oil or
hazardous substances into or upon the waters of the United States,
adjoining shorelines, or waters of the contiguous zone. An exception is
made for discharges done pursuant to and consistent with a permit.

.02 Department Operating Units shall identify facilities that have
discharged or could reasonably be expected to discharge oil or hazardous
substances in harmful quantities into or upon the waters of the United
States or adjoining shorelines. Provide a list of the facilities
subjected to the requirements of this chapter to the Department
Environmental Manager.

.03 Department Operating Units or facilities that have discharged or
could reasonably be

expected to discharge oil or hazardous substances in harmful quantities
into or upon the waters of the United States or adjoining shorelines
shall:

a\. Develop an SPCC plan. This plan should consider and be compatible
with EPA or U.S. Coast Guard regional contingency plans where
appropriate.

b\. Control oil and hazardous substance discharges to the maximum extent
feasible.

c\. Not use dispersants, including water, or chemicals to emulsify,
disperse, solubilize, or precipitate oil except where necessary to
reduce fire or safety hazards, or to protect waterfowl from floating
oil. Such activity should be under the supervision of EPA or U.S. Coast
Guard representatives.

d\. Report oil and hazardous substance discharges to the National
Response Center (800)

424-8802, or to the nearest U.S. Coast Guard district or EPA regional
office. (Visit
[[www.nrc.uscg.mil]{.underline}](http://www.nrc.uscg.mil/) for report
forms and contact information.) Telephone reports should be followed by
a written report as soon as practical. Notifications and reports must
include the location, amount, time, circumstances, type, estimated
damages if any, name of discharger (if known), and response action. In
addition, notify the Department Environmental Manager at (202) 482-3580
after initial notification to U.S. Coast Guard or EPA regional office.
Provide the Department Environmental Manager a copy of the discharge
report.

**[SECTION 5. OBJECTIVES AND TARGETS]{.underline}**

.01 Reduce the likelihood of oil discharges from
nontransportation-related onshore and offshore facilities into or upon
the waters of the United States or adjoining shorelines.

.02 Respond rapidly to control and minimize the damage caused by
discharges of oil or hazardous substances from Department activities.

.03 Identify operating units and facilities that have discharged or
could reasonably be expected to discharge oil or hazardous substances in
harmful quantities into or upon the waters of the United States or
adjoining shorelines.

.04 Develop and implement SPCC plans as required.

**[SECTION 6. MAJOR PROGRAM REQUIREMENTS AND PROCEDURES]{.underline}**

.01 The following lists SPCC minimum requirements:

a\. A registered professional engineer must prepare, review, and sign
SPCC plan.

b\. The Head of the Operating Unit or the designated representative must
approve, in writing, the signed SPCC.

c\. Necessary resources must be committed to support the plans.

d\. Applicable Department Operating Units must maintain a complete copy
of the approved plan for on-site review by EPA representatives and other
regulatory authorities.

e\. Plans must be reviewed and updated at least every 3 years.

.02 Report oil or hazardous substance discharges to the Department
Environmental Manager. Include the location, amount, time,
circumstances, type, estimated damages, if any, name of discharger, if
known, and response action.

.03 Actions taken to contain and remove discharged oil and hazardous
substances are usually emergency actions and need not be assessed to
determine the necessity for preparing an environmental impact statement.

.04 Final disposition of the collected material is usually not an
emergency action. Dispose of these materials consistent with applicable
laws and regulations. The materials may be hazardous wastes.

**- END -**

**CHAPTER 16 - ENVIRONMENTAL AWARDS PROGRAM**

**[SECTION 1. PURPOSE]{.underline}**

.01 This Chapter prescribes the policies, responsibilities, objectives,
and targets for a Department-wide environmental awards program. This
awards program is designed to recognize individuals and teams who made
significant contributions to waste prevention, recycling, affirmative
procurement, pollution prevention, or environmental management.

**[SECTION 2. SCOPE]{.underline}**

.01 The provisions of this Chapter apply to all Department personnel and
programs which

directly address recycling, waste prevention, affirmative procurement,
pollution prevention, and environmental management. This includes, but
is not limited to, research and development leading to pollution
prevention, as well as the development and implementation of procedures
that reduce the use of environmentally hazardous systems or materials,
increase recycling rates or

solid waste diversion rates, or increase the purchase of environmentally
preferable products.

**[SECTION 3. AWARDS]{.underline}**

.01 The awards described herein are honorary; no monetary awards shall
be provided to the recipients.

.02 Awards will be given to individuals or teams for outstanding
performance in the following categories:

a\. The \"Waste/Pollution Prevention Award\" recognizes reductions in
the generation of hazardous and/or non-hazardous wastes through any
change in the design, manufacturing, or use of materials for products;
and/or the amount of toxicity in waste materials prior to recycling,
treatment or disposal.

b\. The \"Recycling Award\" recognizes outstanding activities, including
collection, separation and processing by which products or other
materials are recovered from the waste stream for use in the manufacture
of new products (other than fuel for producing heat or power by
combustion).

c\. The \"Model Recycling Facility Award\" recognizes a facility for
outstanding leadership in recycling and will serve as an example for
other facilities to emulate.

d\. The \"Environmental Management Systems Award\" recognizes the most
effective and innovative programs for environmental management system
implementation. Implementation of environmental management systems shall
include measurable environmental goals, objectives, and targets that are
reviewed and updated as appropriate; systems should include a compliance
component.

**[SECTION 4. PROCEDURES]{.underline}**

.01 The awards program process shall be conducted in a manner that
recognizes the broadest number of people and organizations possible
while maintaining the fairness and integrity of the process.

.02 The Department Environmental Manager shall issue a call letter for
nominations to all Department Offices and Operating Units no later than
October 1 of each year. The letter will include the awards criteria as
developed by the Department Environmental Manager.

.03 The Department Environmental Manager shall establish a panel,
comprised of Department personnel, to review nominations for the
purposes of recommending selected nominees for awards.

.04 Nominations must be submitted to the Office of Administrative
Services (OAS) by December 1 of the same year. Nominations for
individuals must be approved by the supervisor. Nominations for teams
must be approved by a senior manager responsible for the team actions.
Senior managers and supervisors shall ensure that no adverse actions or
pertinent performance issues are pending against any of the nominees.
Nominations shall be submitted in accordance with the call letter issued
for nominations.

.05 The nominations will be reviewed by a panel comprised of Department
personnel. The panel will evaluate the nominees against award criteria
and recommend one individual and/or one team to receive each award. The
panel will complete this process by December 31 of the same year.

.06 The Department Environmental Manager shall acquire additional
information on the nominees and prepare selection/briefing packages on
the nominees, as appropriate.

.07 The Agency Environmental Executive or a designated representative
shall approve the final selection of the award recipients.

.08 The Agency Environmental Executive shall notify each award recipient
as soon as possible following the selection.

.09 Award winners will be eligible to represent the Department and
compete for the White House Closing the Circle Awards.

**- END -**

**CHAPTER 17 - FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS**

**[SECTION 1. PURPOSE]{.underline}**

.01 This Chapter prescribes the Department policies, objectives, and
targets for implementing Executive Orders 11988, *Floodplain
Management,* and 11990, *Protection of Wetlands*.

**[SECTION 2. SCOPE]{.underline}**

.01 Provisions of this Chapter apply to Department Operating Units with
program responsibilities subject to the floodplain and wetland Executive
Orders.

.02 This Chapter does not apply to assistance provided for emergency
work essential to save lives and protect property and public health and
safety.

**[SECTION 3. DEFINITIONS]{.underline}**

.01 Action: An action is any Department activity including:

a\. Acquiring, managing, and disposing if interests in federal lands and
facilities, including, but not limited to, purchases, construction,
leases, easements, and right-of-ways.

b\. Providing financial assistance including, but not limited to,
grants, loans, subsidies, and guarantees or amendments to such forms of
assistance for the acquisition of land and the construction of
facilities and improvements.

c\. Conducting federal activities and programs affecting land use
including, but not limited to, water and related land resources
planning, regulating, and licensing activities.

.02 Alternatives: Alternatives are those actions, in addition to the
proposed action, with similar benefits and which avoid or eliminate
harms or impacts within a floodplain or to a wetland.

.03 Base Floodplain or 100-year Floodplain: A base floodplain or
100-year floodplain is an area subject to inundation from a flood of a
magnitude that occurs once every 100 years on the average (the flood
having a 1.0 percent chance of being equaled or exceeded in any given
year).

.04 Critical Action Floodplain or 500-year Floodplain: A critical action
floodplain or 500-year floodplain is an area subject to inundation from
a flood of a magnitude that occurs once every 500 years on the average
(the flood having a 0.2 percent chance of being equaled or exceeded in
any given year).

.05 Critical Action: A critical action refers to an action that, if
located in a floodplain, poses a greater than normal risk for
flood-caused loss of life or property. The minimum floodplain of concern
for critical actions is the 500-year floodplain. Critical actions
include, but are not limited to, actions which create facilities or
extend the useful life of facilities:

a\. Which produce, use, or store highly volatile, flammable, explosive,
toxic, or water-reactive materials.

b\. Such as schools, hospitals, and nursing homes which are likely to
contain occupants who may not be sufficiently mobile to avoid the loss
of life or injury should flooding occur.

c\. Such as emergency operation centers, essential public utilities, and
data storage centers, which contain records or services that may become
lost or inoperative should flooding occur.

.06 Flood or Flooding: Flood or flooding refers to a general and
temporary condition of partial or complete inundation of normally dry
land areas from the overflow of inland and/or tidal waters, and/or the
unusual and rapid accumulation of runoff of surface waters from any
source.

.07 Floodplains: Floodplains are lowland and relatively flat areas
adjoining inland and coastal waters including flood prone areas of
offshore islands, including at a minimum, areas subject to a one percent
or greater chance of flooding in any given year. The term floodplain
shall be taken to mean the base floodplain unless action is a critical
action, in which case the critical action floodplain will be a minimum
floodplain of concern.

.08 Impacts: Impacts are changes in floodplain or wetland values and
functions. Impacts may occur as either direct or indirect results of an
action. Impacts are a direct result of an action whenever the action
causes a change in floodplain or wetland values and functions. Impacts
are an indirect result of an action whenever an action induces or makes
possible related activities which affect the natural values and
functions of floodplains or wetlands.

.09 Minimize: Minimize means to reduce to the smallest amount or degree
practical.

.10 Mitigation Measures: Mitigation measures are measures to minimize
the impacts of the proposed action on a floodplain or wetland, including
measures to preserve and, wherever practical, restore natural values and
functions. Examples of mitigation measures include, but are not limited
to:

a\. Wetland habitat restoration.

b\. Collecting and treating runoff resulting from an action prior to its
discharge into a wetland.

c\. Establishing a vegetative buffer zone between the site of a proposed
action and adjacent wetland.

d\. Improving habitat values and functions through management.

e\. Modification of agency action which minimizes potential harm to or
within a floodplain.

.11 Practical or Practicable: Practical or practicable refers to an
action capable of being performed within existing constraints. This test
depends upon the particular situation and the constraints imposed by
environmental, economic, legal, and technological considerations. The
test is not limited by the temporary unavailability of sufficient
financial resources to implement either an alternative to a proposed
action or a mitigation measure necessary to minimize impact. Thus,
alternatives or mitigation measures shall not be rejected as
\"impractical\" solely on the basis of a reasonable increase in cost.

.12 Related Activities: Related activities are those undertakings that
are interdependent parts of an action. They either make possible or
support an action, or are themselves induced or supported by an action
or related activities. Related activities may or may not be Federally
permitted or assisted.

.13 Wetlands: Wetlands are those areas that are inundated by surface or
ground water with a frequency sufficient to support and under normal
circumstances do or would support a prevalence of vegetation or aquatic
life that requires saturated or seasonally saturated soil conditions for
growth and reproduction. Examples of wetlands include swamps, fresh and
salt water marshes, beaches, bogs, sloughs, potholes, wet meadows, mud
flats, river overflows, natural ponds, as well as areas separated from
their natural supply of water through man-made alterations such as
dikes, berms, floodwalls, and levees.

**[SECTION 4. RESPONSIBILITIES]{.underline}**

.01 Chief Financial Officer and Assistant Secretary for Administration
(CFO/ASA), through the Office of Administrative Services (OAS):

a\. Has overall responsibility for ensuring the Secretary\'s
responsibilities under both Executive Orders are carried out. In
performing this duty, OAS will prepare program directives and other
necessary guidance as required.

b\. Will prepare any required reports to the Water Resources Council
and/or the Council on Environmental Quality, in consultation with
Department Offices and Operating Units.

.02 Heads of Operating Units are responsible to assure compliance with
the public information and other procedural requirements of the
Executive Orders and, at a minimum, apply the floodplain and wetland
Executive Orders (Executive Order 11988 and 11990) to the following
types of activities:

a\. Planning and designing new federal facilities.

b\. Modifying existing federal facilities or constructing new ones.

c\. Acquiring, managing and disposing of federal lands and facilities.

d\. Carrying out and influencing programs involving land use and water
planning and development, including regulating and licensing activities.

e\. Administering construction, improvement and land acquisition
programs supported or assisted by Federal grants, loans or other forms
of financial assistance.

**[SECTION 5. POLICIES]{.underline}**

.01 Heads of Operating Units shall ensure any activities related to this
Chapter are conducted in accordance with Executive Orders 11988 and
11990, the Water Resources Council\'s *Floodplain Management Guidelines*
(43 FR 6030), and the Water Resources Council\'s Unified National
Program for Floodplain Management. Operating Units, with programs that
may produce impacts on wetlands or locate activities within floodplains,
shall issue specific procedures for complying with both Executive
Orders.

.02 The actions of all Operating Units shall minimize the destruction,
loss or degradation of wetlands and minimize potential harms as a result
of locating activities within a floodplain. Without limiting the
aforementioned obligations, Operating Units shall:

a\. Avoid undertaking or providing financial assistance for construction
of new facilities that may affect wetlands unless the Head of the
Operating Unit finds there is no practicable alternative to such new
construction within the wetlands.

b\. Avoid adverse effects and incompatible developments in actions
located in a floodplain unless the Head of the Operating Unit finds that
the only practicable alternative, consistent with law and policy,
requires siting in a floodplain.

c\. Ensure that the chosen action minimizes those impacts and all
practical mitigation measures are incorporated into the action to
include the following:

-   Minimizing the risk of loss of life and property due to flood and
    storm damage.

```{=html}
<!-- -->
```
-   Minimizing the adverse impacts on the floodplain or wetland values
    and functions.

-   Restoring and preserving the natural and beneficial values served by
    wetlands.

.03 Each Operating Unit shall ensure its actions are consistent with
state coastal zone management programs under the Coastal Zone Management
Act of 1972 as amended

(16 U.S.C. 1451 et seq.) , Section 10 of the Rivers and Harbors Act of
1899, and with

Section 404 of the Clean Water Act of 1977 which requires Department of
the Army permits for construction and disposal of dredged material in
waters of the United States, including adjacent wetlands (33 CFR
320-331) and with the flood insurance purchase requirements of the Flood
Disaster Protection Act of 1973, as amended.

**[SECTION 6. MAJOR PROGRAM REQUIREMENTS AND PROCEDURES]{.underline}**

.01 Prior to implementing any action, an Operating Unit must first
determine if the action under consideration is located or would impact a
floodplain or wetland in accordance with the Water Resources Council's
*Guidance for Determining a Floodplain Location*

(Vol. 42 FR 52590-52599, September 30, 1977).

.02 If a determination is made that a floodplain or wetland is impacted,
the Operating Unit shall:

a\. Identify and analyze resulting impacts including impacts on public
health, safety, and welfare; and floodplain and wetland natural values
and functions.

b\. Consistent with Section 5.02 of this chapter, avoid such impacts or
if it is determined such impacts cannot be practicably avoided,
minimized such impacts.

.03 When requesting new authorizations or appropriations intended for
transmittal to the Office of Management and Budget, indicate if the
proposed action will be located in a floodplain or wetland, and whether
the proposed action is in accord with Executive Orders 11988 or 11990,
respectively.

.04 Operating Units that guarantee, approve, regulate, or insure any
financial transaction related to an area located in a floodplain shall,
prior to completing such transaction, inform any private parties
participating in the transaction of the hazards of locating structures
in the floodplain.

.05 Public Notification Requirements.

a\. If it is determined a proposed action is planned for location within
a floodplain or wetland, the Operating Unit shall, consistent with
Executive Order 11514, *Protection and Enhancement of Environmental
Quality*, publish a notice in the newspaper of greatest circulation in
the vicinity of the proposed actions for at least three consecutive days
for the purpose of seeking comment on the proposed action. Such notice
shall describe the nature and extent of the proposed action and the
physical description of the location and surrounding area. The Operation
Unit shall allow at least 30 days from the publication date of the last
required notice for receipt of public comments

b\. Whenever appropriate, the Operating Unit shall hold a public hearing
on the proposed action to solicit comments. A public hearing shall be
considered appropriate when the proposed action is a critical action as
defined in 3.05 of this chapter or an action within a wetland does not
qualify for an U.S. Army Corps of Engineers' nationwide permit as set
forth in 33 CFR Part 220, or a region-wide permit as set forth in 33 CFR
Part 325

c\. Coordinate publication activities under this chapter with the Office
of Public Affairs.

.06 Public Hearing Requirements:

a\. Public hearings shall be held at a place determined to best serve
the public interests with proximity to the location of the proposed
action given considerable weight in that determination.

b\. Public hearings shall also be proceeded by publication of at least
two notices in the newspaper of greatest circulation in the vicinity of
the proposed action, in addition to the publication requirements of 6.05
of this chapter.

-   The first such publication shall occur between 15 to 20 days before
    the scheduled date of the hearing. The second publication shall be 2
    to 5 days before the scheduled date of the hearing.

```{=html}
<!-- -->
```
-   The notices shall provide the location, date and time of the
    hearing, and identify the Operating Unit conducting the hearing.

-   The notices shall describe the nature and extent of the proposed
    action, the physical description of the location and surrounding
    areas, and explain the nature of the government's involvement in the
    action.

-   Copies of the notices shall be mailed to appropriate local, state,
    and federal agencies, public interest groups, news media, and any
    other agencies, groups, or individuals who have an interest in the
    action.

.07 Final Notice and Findings. Upon determination of the practical
alternative and mitigation measures, the Operating Unit shall publish a
final notice of the proposed action. Publish the notice in the newspaper
of greatest circulation in the vicinity of the proposed action for at
least three consecutive days, and include a physical description of the
location and surrounding area, a detailed description of the proposed
action, the measures used to mitigate impacts, and the projected date of
the action\'s initiation and completion. The notice shall also include:

a\. Reasons why the action is proposed to be located in a floodplain or
wetland.

b\. A statement indicating whether the action conforms to applicable
State and local floodplain protection standards.

c\. A list of the alternatives considered.

.08 Regarding actions located in floodplains and wetlands, the
requirements of the Executive Orders supplement those of National
Environmental Policy Act (NEPA). Since most federal actions in
floodplains and wetlands will impact these resources, an environmental
document (environmental statement or assessment) will likely be required
to comply with NEPA. The Executive Orders\' requirements will be
included in the NEPA compliance documents for each such action for ease
and economy of documentation.

**[SECTION 7. DEPARTMENT OF COMMERCE REAL PROPERTY]{.underline}**

.01 Construction of structures and facilities shall be in accordance
with the standards and criteria promulgated under the National Flood
Insurance Program, and shall deviate only to the extent that such
standards and criteria are demonstrably inappropriate for a given type
of structure or facility.

.02 If new construction of structures or facilities must be located in a
floodplain, accepted

flood-proofing and other flood protection measures shall be applied to
new construction or rehabilitation. To achieve flood protection,
structures shall be elevated above base flood level rather than filling
in land, whenever practical. Where new construction must be located in a
wetland, all practical measures shall be taken to minimize harm to the
wetland which may result from such use.

.03 If property used by the general public has suffered flood damage or
is located in an identified flood hazard area, the responsible Operating
Unit shall provide on structures, and other places where appropriate,
conspicuous delineation of past and probable flood height in order to
enhance public awareness of and knowledge about flood hazards.

.04 When property in floodplains or wetlands is proposed for lease,
easement, right-of-way, or disposal to non-federal public or private
parties, the responsible Operating Unit should withhold such properties
from conveyance. If such properties cannot be withheld from conveyance,
the Operating Units shall:

a\. Reference in the conveyance those uses restricted under identified
federal, state, or local floodplain or wetlands regulations.

b\. Attach other appropriate restrictions to the uses of such properties
by the grantee or purchaser and any successors, except where prohibited
by law.

**- END -**

**CHAPTER 18 - PESTICIDES**

**[SECTION 1. PURPOSE]{.underline}**

.01 This Chapter prescribes the policies, objectives, and targets for
the use of pesticides on the lands and waters under the jurisdiction of
the Department.

**[SECTION 2. SCOPE]{.underline}**

.01 The provisions of this Chapter apply to Department Operating Units
and facilities that use, handle, or store pesticides.

**[SECTION 3. POLICIES]{.underline}**

.01 Department Operating Units shall ensure compliance with the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136 et.
seq.), as amended, Environmental Protection Agency (EPA) implementing
regulations, and the policies prescribed in this chapter.

.02 Department Operating Units shall evaluate, control, and monitor
pesticide use for safety, protection of the environment, and compliance
with the National Environmental Policy Act, as amended, and the
Endangered Species Act, as amended.

.03 Use pesticides only after full consideration of various
alternatives, analyses of environmental effects, safety concerns,
effectiveness of pesticides, long-term implications, and costs. The
range of alternatives include: chemical, biological, and physical
methods, and no action. If it is determined a pesticide must be used,
select a pesticide that selectively targets the pest, is the least
toxic, and least likely to harm or impact the environment.

.04 Use only pesticides registered by the EPA in full accordance with
FIFRA, as amended, and as provided in regulations, orders, or permits
issued by EPA.

.05 Utilize pest management research, control, education, and assistance
programs to develop, support, and adopt integrated pest management (IPM)
strategies wherever practical.

.06 In wilderness areas, use pesticides only where necessary to protect
human health or to prevent loss of significant resource values on public
or private lands within or bordering the wilderness area.

.07 Do not use pesticides in areas with endangered and threatened animal
or plant species unless it is determined the use will not adversely
affect the species or its critical habitat. Make this determination
according to the Endangered Species Act consultation process prescribed
in

50 CFR 402.

**[SECTION 4. OBJECTIVES AND TARGETS]{.underline}**

.01 Department Operating Units and facilities will comply with FIFRA and
strive to reduce the amount of active ingredient applied.

**[SECTION 5. MAJOR PROGRAM REQUIREMENTS AND PROCEDURES]{.underline}**

.01 FIFRA regulates other toxic substances, better known as pesticides.
A pesticide is defined as any substance intended to prevent, destroy,
repel or mitigate pests. FIFRA requires registration

of all pesticides, restricts use of certain pesticides, authorizes
experimental use permits and recommends safety standards for pesticide
handlers and applicators.

.02 Pesticides are registered for five years and classified for either
general or restricted usage. Restricted use means that the pesticide can
only be applied either by or under the direct supervision of a certified
applicator. Pesticides must be labeled with the specific ingredients
contained, warnings, registration number, and any special use
restrictions. Regulations also specify tolerance levels for certain
pesticide chemicals in or on agricultural commodities. These tolerance
levels apply to over three hundred different compounds and residue
tolerances range from 0 to 100 parts per million. A few pesticides are
also regulated as toxic pollutants under Section 307(a) of the Clean
Water Act and by the Primary Drinking Water Standards under the Safe
Drinking Waster Act.

.03 The handling and use of restricted-use pesticides must be conducted
with caution and only by personnel who are either certified or under the
direct supervision of a certified applicator.

.04 Transport, store, and dispose of pesticides and pesticide containers
in a manner that safeguards human health, fish, and wildlife, and
prevents soil and water contamination.

.05 Conduct or require quality control monitoring before, during, and
after any pesticide application in ecologically sensitive areas.
Determine whether the application achieved the desired effects and
whether there are any significant, unanticipated effects.

.06 Post notices at the usual points of entry to areas treated with
restricted-use pesticides so that occupants, land users, and visitors
are informed sufficiently in advance to avoid possible exposure. Local
managers may make exceptions to the posting requirement when they judge
no public exposure is likely. Such posting will contain:

a\. Statement that the area has been or will be treated with a named
pesticide.

b\. The date of the treatment, telephone number, and address for further
information

c\. A list of appropriate precautions to be taken or the date when
re-entry is judged to be safe.

**- END -**

**APPENDIX A - REFERENCES**

**[GENERAL]{.underline}**

This appendix lists the federal environmental laws, regulations, and
Executive Orders referenced and used to develop this manual.

**[FEDERAL LAWS]{.underline}**

Clean Air Act (42 U.S.C. 7401-7671q), as amended

Clean Water Act (33 U.S.C. 1251 et. seq.), as amended

Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et. seq.)

Comprehensive Environmental Response, Compensation and Liability Act, as
amended by the

Superfund Amendments and Re-authorization Act (42 U.S.C. 9601 et. seq.)

Emergency Planning and Community Right-to-Know Act (42 U.S.C. 11001 et.
seq.)

Endangered Species Act (16 U.S.C. 531 et. seq.)

Federal Facility Compliance Act (42 U.S.C. 6903, 6908, 6924, 6927, 6939
c-e, 6961, 6965)

Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et.
seq.)

Federal Water Pollution Control Act Amendments of 1972 (33 U.S.C. 1251,
et. seq.)

Flood Disaster Protection Act of 1973 (Public Law 93-234, 87 Stat. 975)

Hazardous Materials Transportation Act (49 U.S.C. 5101, et. seq.)

National Environmental Policy Act (42 U.S.C. 4321 et. seq.)

National Flood Insurance Act of 1968 (42 U.S.C. 4001 et. seq.)

Occupational Safety and Health Act (29 U.S.C. 651 et. seq.)

Oil Pollution Act of 1990 (33 U.S.C. 2701 et. seq.)

Pollution Prevention Act (42 U.S.C. 13101 et. seq.)

Resource Conservation and Recovery Act (42 U.S.C. 6901 et. seq.)

Rivers and Harbors Act of 1899 (33 U.S.C. 403)

Safe Drinking Water Act (42 U.S.C. 300)

Toxic Substances Control Act (15 U.S.C. 2601 et. seq.)

Water Quality Standards and Implementation Plans (33 U.S.C. 1313)

**[CODE OF FEDERAL REGULATIONS (CFR)]{.underline}**

29 CFR 1910 Occupational Safety and Health Standards

29 CFR 1926 Safety and Health Regulations for Construction

33 CFR Navigation and Navigable Waters

40 CFR Protection of Environment

49 CFR Transportation

50 CFR Wildlife and Fisheries

**[EXECUTIVE ORDERS]{.underline}**

Executive Order 11514, *Protection and Enhancement of Environmental
Quality* (March 5, 1970)

Executive Order 11988, *Floodplain Management* (May 24, 1977)

Executive Order 11990, *Protection of Wetlands* (May 24, 1977)

Executive Order 11991, *Protection and Enhancement of Environmental
Quality* (May 24, 1977)

Executive Order 12580, *Superfund Implementation* (October 18, 1991)

Executive Order 12777, *Federal Water Pollution Control and Oil
Pollution Act Implementation*

(October 22, 1991)

Executive Order 12844, *Federal Use of Alternative Fueled Vehicles*
(April 21, 1993)

Executive Order 12902, *Energy Efficiency and Water Conservation at
Federal Facilities*

(May 8, 1994)

Executive Order 13101, *Greening the Government Through Waste
Prevention, Recycling and Federal Acquisition* (September 14, 1998)

Executive Order 13134, *Developing and Promoting Biobased Products and
Bioenergy*

(August 12, 1999)

Executive Order 13148, *Greening the Government Through Leadership in
Environmental Management* (April 21, 2000)

**- END -**