Chapter 1
Authority, Purpose, and General Policies
1. Scope. This Handbook establishes the U.S. Geological Survey (USGS or Bureau) policy for compliance with both statutory and regulatory requirements and the management of USGS environmental programs.
A. Applicability.
(1) This manual applies to all USGS facilities and organizations.
(2) The major Federal environmental statutes contain waivers of sovereign immunity that require USGS facilities to comply not only with Federal, but also State and local substantive and procedural requirements. Applicable Federal, State, and local requirements or Executive Orders (EO) that are more stringent than this Handbook will be followed.
(3) State and local regulatory programs may establish regulations which are more stringent than the Federal requirements. Each USGS facility should obtain copies of its respective State and local regulations to determine if the facility is subject to requirements that go beyond the Federal laws and regulations.
B. Background.
(1) Executive Orders and Congressional legislation have directed all Federal agencies to provide leadership in the protection of our Nation's environment. The sources that generate the requirements, regulations, standards, mandates, policies, and guidance form the basis of this handbook. Specific technical discussions of the sources are presented in each chapter as they apply to various environmental media.
(2) Federal environmental legislation extends as far back as 1899 with the Rivers and Harbors Act. For many years, sovereign immunity exempted Federal agencies from compliance with environmental legislative requirements. However, court decisions have determined that Federal agencies must comply with legislative requirements. Further, Congress is continuing its trend of including waivers of sovereign immunity when reauthorizing or amending environmental statutes.
(3) The USGS implementation of executive and legislative mandates, as set forth in this Handbook, is directed toward environmental compliance and protection. Accordingly, the environmental policies contained in this Handbook consolidate into one document the policy, legislative mandates and the implementation of Federal regulations for air, water, land, and solid and hazardous waste, as well as for the management of forestry, fish, wildlife, and other environmental, natural, and cultural resources.
2. Authorities/References.
A. Federal Statutes.
(1) Alternative Motor Fuel Act of 1988, as amended (Public Law 100-494)
(2) American Indian Religious Freedom Act of 1978 (42 U. S. C. 1996)
(3) Antiquities Act of 1906 (16 U. S. C. 431-433)
(4) Archaeological and Historic Preservation Act of 1974 (16 U. S. C. 469 et seq.)
(5) Archaeological Resources Protection Act of 1979 (16 U. S. C. 470(aa) et seq.)
(6) Clean Air Act of 1970, as amended (42 U. S. C. 7401 et seq.)
(7) Clean Water Act of 1977, as amended (Public Law 95-217, 33 U. S. C. 1251 et seq.)
(8) Coastal Zone Management Act of 1972 (16 U. S. C. 1451 et seq.)
(9) Community Environmental Response Facilitation Act of 1992 (Public Law 102-426)
(10) Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U. S. C. 9601 et seq.)
(11) Emergency Planning and Community Right-to-Know Act of 1986 (42 U. S. C. 11001 et seq.)
(12) Endangered Species Act of 1973 (16 U. S. C. 1531 et seq.)
(13) Federal Facilities Compliance Act of 1992 (Public Law 102-386)
(14) Federal Insecticide, Fungicide, and Rodenticide Act of 1947, as amended (Public Law 92-516, 7 U. S. C. 136 et seq.)
(15) Federal Noxious Weed Act of 1974 (7 U. S. C. 2801 et seq.)
(16) Federal Property and Administrative Services Act of 1949 (10 U. S. C. 484 et seq.)
(17) Federal Tort Claims Act of 1946, as amended (28 U. S. C. 2671 et seq.)
(18) Fish and Wildlife Conservation Act of 1980 (16 U. S. C. 2901 et seq.)
(19) Hazardous and Solid Waste Amendments of 1984 (Public Law 98-616)
(20) Hazardous Materials Transportation Act of 1975 (49 U. S. C. 5101 et seq.)
(21) Hazardous Materials Transportation Uniform Safety Act of 1990 (Public Law 101-615)
(22) Historic Sites, Buildings, and Antiquities Act of 1935 (Public Law 74-292, 16 U. S. C. 461 et seq.)
(23) Marine Mammal Protection Act of 1972, as amended (16 U. S. C. 1361 et seq.)
(24) Marine Protection, Research, and Sanctuaries Act of 1972, as amended (33 U. S. C. 1401 et seq. and 16 U. S. C. 1431 et seq.)
(25) National Energy Conservation Policy Act of 1978 (Public Law 95-619)
(26) National Environmental Policy Act of 1969 (42 U. S. C. 4321 et seq.)
(27) National Historic Preservation Act of 1966 (16 U. S. C. 470 et seq.)
(28) Native American Graves Protection and Repatriation Act of 1990 (25 U. S. C. 3001 et seq.)
(29) Noise Control Act of 1972 (42 U. S. C. 4901 et seq.)
(30) Noxious Plant Control Act of 1968 (43 U. S. C. 1241 et seq.)
(31) Occupational Safety and Health Act of 1970 (29 U. S. C. 651 et seq.)
(32) Oil Pollution Act of 1990 (Public Law 101-380, 33 U. S. C. 2701 et seq.)
(33) Pollution Prevention Act of 1990 (42 U. S. C. 13101 et seq.)
(34) Resource Conservation and Recovery Act of 1976, as amended (42 U. S. C. 6901 et seq.)
(35) Rivers and Harbors Act of 1899 (33 U. S. C. 407 et seq.)
(36) Soil Conservation Act of 1938 (16 U. S. C. 5901 et seq.)
(37) Solid Waste Disposal Act of 1965, as amended (42 U. S. C. 3251 et seq.)
(38) Superfund Amendments and Reauthorization Act of 1986 (Public Law 99-499)
(39) Toxic Substances Control Act of 1976 (15 U. S. C. 2601 et seq.)
(40) Used Oil Recycling Act of 1980, as amended (Public Law 96-463)
B. Federal Regulations.
(1) 29 CFR 1910, Occupational Safety and Health Standards
(2) 33 CFR 1-End, Navigation and Navigable Waters
(3) 36 CFR 60, National Register of Historic Places
(4) 36 CFR 800, Protection of Historic and Cultural Properties
(5) 40 CFR 1-End, Protection of the Environment
(6) 43 CFR 11, Natural Resources Damage Assessment
(7) 49 CFR 100-199, Transportation
(8) 50 CFR 1-End, Wildlife and Fisheries
C. Executive Orders (EO).
(1) EO 12759, April 17, 1991, Federal Energy Management
(2) EO 12843, April 22, 1993, Procurement Requirements and Policies for Federal Agencies for Ozone Depleting Substances
(3) EO 12844, April 22, 1993, Federal Purchases of Alternative Fuel Vehicles
(4) EO 12845, April 21, 1993, Requires Federal Agencies to Purchase Energy Efficient Computer Equipment
(5) EO 12856, August 3, 1993, Federal Compliance with Right-to-Know Laws and Pollution Prevention Requirements
(6) EO 12873, October 20, 1993, Federal Acquisition, Recycling, and Waste Prevention
(7) EO 12902, March 8, 1994, Energy Efficiency and Water Conservation at Federal Facilities
(8) EO 13031, December 13, 1996, Federal Alternative Fueled Vehicle Leadership
(9) EO 13101, September 16, 1998, Greening the Government Through Waste Prevention, Recycling, and Federal Acquisition
(10) EO 13123, June 3, 1999, Greening the Government Through Energy Efficient Management
(11) EO 13134, August 12, 1999, Developing and Promoting Biobased Products and Bioenergy
(12) EO 13148, April 26, 2000, Greening the Government Through Leadership in Environmental Management
(13) EO 13149, April 26, 2000, Greening the Government Through Federal Fleet and Transportation Efficiency
(14) EO 13150, April 21, 2000, Federal Workforce Transportation
3. Requirements.
A. USGS Compliance. The USGS will comply with environmental requirements in the following order:
(1) Statutory Requirements. Environmental laws passed by Congress and signed by the President require compliance by Federal facilities with all requirements, substantive and procedural, applicable to environmental management. State and local governments often enact similar laws that apply to Federal facilities.
(2) Regulatory Requirements. Federal, State, and local regulations implement and expand upon statutory requirements. Each chapter in this Handbook also includes many of the significant Federal regulations pertaining to environmental compliance, pollution prevention, and natural/cultural resources.
(3) Executive Order Requirements. EO 12088, Federal Compliance with Pollution Control Standards, October 13, 1978, requires executive agencies to comply with applicable requirements of Federal laws. This EO requires each agency to submit to the Office of Management and Budget (OMB) an annual plan for environmental pollution control with cost estimates for the design, construction, management, operation, and maintenance of Federal facilities. In addition, other EO's require Federal agencies to assume a leadership role in environmental compliance and protection.
(4) Department of the Interior (DOI or Department) Requirements. Departmental requirements are published in Departmental Manual 515, chapter 2 and Departmental Manual 518, chapters 2 and 3. These requirements are consolidated and incorporated within this Handbook.
(5) USGS Requirements. The Director establishes USGS environmental compliance and protection requirements. In addition to policies established in this Handbook, the Director periodically provides additional policy and guidance through letters, memoranda, and messages.
B. Handbook Format. The Handbook presents overall policy and program management in chapters that deal with specific environmental and technical issues. Each chapter is broadly divided into five parts: Section 1: Scope, Section 2: Authorities/References, Section 3: Requirements, Section 4: Responsibilities, and Section 5: Additional Resources.
(1) Section 1. Consists of the following components:
(a) Scope. The scope explains why the chapter exists.
(b) Applicability. Applicability identifies to whom the chapter applies.
(c) Background. Background addresses why the USGS is carrying out these actions, discussing historic items in relation to the subject of the chapter.
(2) Section 2. Describes the authority and lists references legislation applicable to the chapter's subject matter.
(3) Section 3. Explains how legislative and other requirements apply and considers all policy-related items that pertain to the chapter's subject matter.
(4) Section 4. Considers all responsibilities associated with statutes, policies, and requirements.
(5) Section 5. Provides a listing of additional resources pertaining to the chapter's subject matter.
(6) Terms and definitions, appendixes, and an index are provided at the end of the Handbook to assist with clarification.
C. Environmental Policy and Program Elements.
(1) Provide safe and healthful working conditions to protect employees and the visiting public from injuries and illnesses and property from accidental damage.
(2) Include environmental protection and compliance as an integral part of every operation.
(3) Hold managers and supervisors accountable and provide them recognition for implementation and management of the environmental management program within their scope of authority and responsibility.
(4) Establish and maintain a staff of environmental protection professionals and collateral-duty environmental managers and coordinators at appropriate levels within the Department, to advise management in the development and implementation of an environmental management and compliance program.
(5) Require that no employee be subjected to restraint, interference, coercion, discrimination, or reprisal for filing a report of an alleged adverse environmental action or condition in the workplace.
(6) Provide employees the supervision, knowledge, and skills necessary to safely perform their assigned tasks.
(7) Promote an off-the-job environmental ethic through on-the-job environmental awareness activities.
(8) Incorporate and enforce appropriate environmental protection and compliance performance clause(s) in contracts with concessionaires and contractors.
(9) Develop an organizational policy that includes management and employee accountability, and the designate appropriate personnel and financial resources for program implementation.
(10) Ensure employees are aware of and have reasonable access to applicable policy documents, codes, regulations, and program standards.
(11) Conduct annual evaluations of program elements, inclusive of personal and financial resources, for the purpose of establishing short and long-term goals for program enhancement and implementation.
(12) Conduct operational and facility evaluations for identifying current and potential non-compliance areas within the workplace.
(13) Determine actions to be taken to correct an area of noncompliance, or take appropriate steps prevent a noncompliance situation from arising.
(14) Identify, develop, coordinate, schedule, and conduct required training to the appropriate audiences.
(15) Establish standard and regulatory compliance assistance, awards, and recognition program.
(16) Ensure contractor, concessionaire, volunteer, and other non-USGS employees working or performing duties on USGS facilities comply with the environmental rules and regulations.
4. Responsibilities. See Chapter 2 of this Handbook.
5. Additional Resources.
A. Office of Environmental Policy and Compliance
B. Environmental Protection Agency (EPA)
C. EPA Rules and Regulations
D. Federal Facilities Enforcement Office (FFEO)
E. EPA Office of Federal Activities - NEPA Review and International Enforcement/Compliance
F. The Yellow Book: Guide to Environmental Enforcement and Compliance at Federal Facilities