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U.S. Department of Energy						ORDER
	 Washington, D.C.							DOE O 435.1


									   Approved: 7-9-99
										Review: 7-9-01
									  Change 1: 8-28-01
									  Certified: 1-9-07

SUBJECT: RADIOACTIVE WASTE MANAGEMENT

1.	OBJECTIVE. The objective of this Order is to ensure that
	all Department of Energy (DOE) radioactive waste is managed
	in a manner that is protective of worker and public health
	and safety, and the environment.
	
2.	CANCELLATION. This Order cancels DOE 5820.2A, RADIOACTIVE
	WASTE MANAGEMENT, dated 9-26-88.  Cancellation of that Order
	does not, by itself, modify or otherwise affect any
	contractual obligation to comply with the Order.  The
	provisions of this canceled Order which have been
	incorporated by reference in a contract shall remain in
	effect until the contract is modified.
	
3.	APPLICABILITY.
	
	a.	DOE Elements. This Order applies to all DOE elements
		including the National Nuclear Security Administration
		(NNSA), except as stated in item "d."
		
	b.	Radioactive Waste. Except as stated in item "d," this
		Order applies to the management of:
		
		(1)	All high-level waste, transuranic waste, and low-
			level waste, including the radioactive component
			of mixed waste, for which DOE is responsible;
			
		(2)	DOE accelerator-produced radioactive waste; and
			
		(3)	If managed at DOE low-level waste facilities,
			byproduct materials as defined by section 11e(2)
			of the Atomic Energy Act of 1954, as amended, or
			naturally occurring radioactive materials.
			
	c.	Contractors. The Contractor Requirements Document,
		Attachment 1, sets forth requirements to be applied to
		contractors performing work that involves management of
		DOE radioactive waste at DOE-owned or leased
		facilities.  Contractor compliance with the Contractor
		Requirements Document will be required to the extent
		set forth in a contract.
		
	d.	Exemptions. This Order does not apply to certain DOE
		programs, facilities, or activities as described below.
		
		(1)	This Order does not apply to activities conducted
			under the authority of the Director, Naval Nuclear
			Propulsion Program, as described in
			
			Department of Energy National Security and
			Military Applications of Nuclear Energy
			Authorization Act of 1985, Public Law 98-525.
			
		(2)	Requirements in this Order that overlap or
			duplicate requirements of the Nuclear Regulatory
			Commission (NRC) related to radiation protection,
			nuclear safety (including quality assurance), and
			safeguards and security of nuclear material, do
			not apply to the design, construction, operation,
			and decommissioning of Office of Civilian
			Radioactive Waste Management facilities as defined
			in DOE O 250.1, Civilian Radioactive Waste
			Management Facilities Exemptions from Departmental
			Orders.
			
		(3)	Requirements in this Order that duplicate or
			conflict with requirements of NRC or an Agreement
			State do not apply to facilities and activities
			licensed by the NRC or an Agreement State.
			
		(4)	Requirements in this Order that duplicate or
			conflict with the Waste Isolation Pilot Plant Land
			Withdrawal Act of 1992, as amended, Public Law 102-
			579, including the U.S. EPA's Possessive
			Certification of the WIPP pursuant to this Act, do
			not apply to the operation of the Waste Isolation
			Pilot Plant or the disposal of waste therein.
			
		(5)	Unless managed in a low-level waste facility,
			requirements in this Order do not apply to
			byproduct material as defined in section 11e(2)
			of the Atomic Energy Act of 1954, as amended, or
			naturally occurring radioactive material.
			
		(6)	This Order does not apply to either spent nuclear
			fuel or non-waste materials.
			
		(7)	Upon request or on its own initiative, DOE may
			grant exemptions from the requirements of this
			Order in accordance with the process provided by
			DOE M 251.1-1A, Directives System Manual, as
			applicable.
			
4.	REQUIREMENTS.

	a.	DOE radioactive waste management activities shall be
		systematically planned, documented, executed, and
		evaluated.
		
	b.	Radioactive waste shall be managed to:
		
		(1)	Protect the public from exposure to radiation from
			radioactive materials.  Requirements for public
			radiation protection are in DOE 5400.5, Radiation
			Protection of the Public and the Environment.
			
		(2)	Protect the environment. Requirements for
			environmental protection are in DOE 5400.1,
			General Environmental Protection Program, and DOE
			5400.5, Radiation Protection of the Public and the
			Environment.
			
		(3)	Protect workers. Requirements for radiation
			protection of workers are in 10 CFR Part 835,
			Occupational Radiation Protection; requirements
			for industrial safety are in DOE O 440.1A, Worker
			Protection Management for DOE Federal and
			Contractor Employees.
			
		(4)	Comply with applicable Federal, State, and local
			laws and regulations.  These activities shall also
			comply with applicable Executive Orders and other
			DOE directives.
			
	c.	All radioactive waste shall be managed in accordance
		with the requirements in DOE M 435.1-1, Radioactive
		Waste Management Manual.
		
	d.	DOE, within its authority, may impose such
		requirements, in addition to those established in this
		Order, as it deems appropriate and necessary to protect
		the public, workers, and the environment, or to
		minimize threats to property.
		
5.	RESPONSIBILITIES. All DOE elements as specified in 3.a are
	responsible for implementing the requirements of this Order.
	See DOE M 435.1-1, Radioactive Waste Management Manual, for
	specific responsibilities.
	
6.	REFERENCES. DOE M 435.1-1, Radioactive Waste Management
	Manual of 7-09-99 and DOE G 435.1-1, Implementation Guide
	for DOE M 435.1-1.
	
7.	CONTACT. Questions concerning this Order should be addressed
	to the Office of Waste Management at (202) 586-0370.
	
BY ORDER OF THE SECRETARY OF ENERGY:

	THOMAS T. TAMURA
	Acting Director of
	Management and Administration


			CONTRACTOR REQUIREMENTS DOCUMENT
						 
1.	In the performance of this contract, the contractor is
	required to:
	
	A.	Systematically plan, document, execute, and evaluate
		the management of DOE radioactive waste and assist the
		government in planning, executing and evaluating the
		management of DOE radioactive waste in accordance with
		the requirements of DOE O 435.1, Radioactive Waste
		Management.
		
	B.	Assist the government in managing DOE radioactive waste
		so as to:
		
		(1)	Protect the public from exposure to radiation from
			radioactive materials.
			
		(2)	Protect the environment.
			
		(3)	Protect workers including following requirements
			for radiation protection.
			
	C.	Assist DOE in meeting its obligations and
		responsibilities under Executive Order 12856, Federal
		Compliance with Right-to-Know Laws and Pollution
		Prevention Requirements, and Executive Order 13101,
		Greening the Government through Waste Prevention,
		Recycling, and Federal Acquisition, and The Pollution
		Prevention Act of 1990.
		
	D.	Comply with the requirements in DOE M 435.1-1,
		Radioactive Waste Management Manual, unless such
		activities are specifically exempted by DOE O 435.1,
		section 3d, as described below.
		
		(1)	Activities conducted under the authority of the
			Director, Naval Nuclear Propulsion Program, as
			described in Department of Energy National
			Security and Military Applications of Nuclear
			Energy Authorization Act of 1985, Public Law 98-
			525.
			
		(2)	Requirements that overlap or duplicate
			requirements of the Nuclear Regulatory Commission
			(NRC) related to radiation protection, nuclear
			safety (including quality assurance), and
			safeguards and security of nuclear material, do
			not apply to the design, construction, operation,
			and decommissioning of Office of Civilian
			Radioactive Waste Management facilities as defined
			in DOE O 250.1, Civilian Radioactive Waste
			Management Facilities Exemptions from Departmental
			Orders.
			
		(3)	Requirements that duplicate or conflict with
			requirements of NRC or an Agreement State do not
			apply to facilities and activities licensed by the
			NRC or an Agreement State.
			
		(4)	Requirements that duplicate or conflict with the
			Waste Isolation Pilot Plant Land Withdrawal Act of
			1992, as amended, Public Law 102-579, do not apply
			to the operation of the Waste Isolation Pilot
			Plant or the disposal of waste therein.
			
		(5)	Unless managed in a low-level waste facility,
			requirements in DOE O 435.1 do not apply to
			byproduct material as defined in section 11e(2)
			of the Atomic Energy Act of 1954, as amended, or
			naturally occurring radioactive material.
			
		(6)	Spent nuclear fuel or non-waste materials.
			
		(7)	Upon request or on its own initiative, DOE may
			grant exemptions from the requirements of DOE O
			435.1 in accordance with the process provided by
			DOE M 251.1-1A, Directives System Manual.
			
	E.	Incorporate these requirements into the contracts of
		all sub-contractors which are involved in the
		management of DOE radioactive waste.

		
U.S. Department of Energy					 PAGE CHANGE
	Washington, D.C.						DOE O 435.1
													
									8-28-01
													
SUBJECT:  RADIOACTIVE WASTE MANAGEMENT

1.	PURPOSE. To transmit revised pages to DOE O 435.1
	RADIOACTIVE WASTE MANAGEMENT, of 7-09-99.
	
2.	EXPLANATION OF CHANGE. This change reflects the
	establishment of the National Nuclear Security
	Administration, as directed by the Secretary in his
	February 29, 2000, memorandum entitled Establishment of
	the National Nuclear Security Administration.
	
3.	FILING INSTRUCTIONS.

	a.	Remove Page    Dated	Insert Page    Dated
	
			1	   07/09/99	1	08/28/01
			
			2	   07/09/99	2	07/09/99
			
	b.	After filing the attached page, this transmittal may be
		discarded.
	
BY ORDER OF THE SECRETARY OF ENERGY:




								Francis S. Blake
								Deputy Secretary