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U.S. Department of Energy ORDER
Washington, D.C. DOE O 450.1
Approved: 1-15-03
Review Date: 1-15-05
Chg 1: 1-24-05
SUBJECT: ENVIRONMENTAL PROTECTION PROGRAM
1. OBJECTIVES. To implement sound stewardship practices that are protective of the air,
water, land, and other natural and cultural resources impacted by Department of Energy
(DOE) operations and by which DOE cost effectively meets or exceeds compliance with
applicable environmental; public health; and resource protection laws, regulations, and
DOE requirements. This objective must be accomplished by implementing
Environmental Management Systems (EMSs) at DOE sites. An EMS is a continuing
cycle of planning, implementing, evaluating, and improving processes and actions
undertaken to achieve environmental goals. These EMSs must be part of Integrated
Safety Management Systems (ISMSs) established pursuant to DOE P 450.4, Safety
Management System Policy, dated 10-15-96.
2. CANCELLATION. DOE O 5400.1, General Environmental Protection Program, dated
11-9-88 and DOE N 450.4, Assignment of Responsibilities for Executive Order 13148,
Greening the Government Through Leadership in Environmental Management, dated
2-05-01. Cancellation of a Directive does not, by itself, modify or otherwise affect any
contractual obligation to comply with the Directive. Cancelled Directives that are
incorporated by reference in a contract remain in effect until the contract is modified to
delete the references to the requirements in the cancelled Directives.
3. APPLICABILITY.
a. DOE Elements .
(1) Except as noted in paragraph 3c, this Order applies to all DOE elements
listed on Attachment 1 that are responsible for the management and
operation of the Department’s facilities, including elements of the
National Nuclear Security Administration and power administrations.
The Administrator of NNSA shall assure that NNSA employees comply
with their respective responsibilities under this Order.
(2) Where ISMSs are not applicable, DOE elements must ensure the
implementation of EMSs. These DOE elements must interpret all
references to ISMSs within this Order to mean EMSs.
b. DOE Contractors.
The Contractor Requirements Document (CRD), Attachment 2, sets forth
requirements of this Order that will apply to contractors responsible for the
management and operation of the Department-owned facilities whose contracts
include the CRD.
(1) This CRD must be included, as appropriate, in all site/facility management
contracts involving activities associated with the use, storage, disposal and
transportation of waste; emissions to air; discharges to water; and
management of cultural and other natural resources.
(2) This Order does not apply to other than site/facility management contracts.
Any application of any requirements of this Order to other than
site/facility management contracts will be communicated separately from
this Order.
(3) The office identified in paragraph 5.d. is responsible for notifying the
contracting officer of which contracts are affected. Once notified, the
contracting officer is responsible for incorporating the CRD into each
affected contract via the laws, regulations, and DOE directives clause of
the contract.
(4) As the laws, regulations, and DOE directives clause states, regardless of
the performer of the work, a contractor with the CRD incorporated into its
contract is responsible for compliance with the requirements of the CRD.
An affected contractor is responsible for flowing down the requirements of
this CRD to subcontracts at any tier to the extent necessary to ensure the
contractor’s compliance with the requirements.
c. Exclusions.
(1) Activities conducted under the authority of the Director, Naval Nuclear
Propulsion Program, as described in Executive Order 12344 and set forth
in Public Laws 98-525 and 106-65.
(2) Activities conducted by the Bonneville Power Administration as
authorized by Delegation Order No. 00-033.00A.
(3) Activities conducted by the Office of the Secretary, Chief Information
Office, Office of Congressional and Intergovernmental Affairs, Office of
Counterintelligence, Departmental Representative to the Defense Nuclear
Facilities Safety Board, Office of Economic Impact and Diversity, Energy
Information Administration, Office of General Counsel, Office of
Hearings and Appeals, Office of Inspector General, Office of Intelligence,
Office of Policy and International Affairs, Office of Public Affairs, and
Secretary of Energy Advisory Board.
4. REQUIREMENTS.
a. General Requirements. All DOE elements must ensure that site ISMSs include an
EMS that does the following.
(1) Provides for the systematic planning, integrated execution, and evaluation
of programs for—
(a) public health and environmental protection,
(b) pollution prevention (P2), and
(c) compliance with applicable environmental protection
requirements.
(2) Includes policies, procedures, and training to identify activities with
significant environmental impacts, to manage, control, and mitigate the
impacts of these activities, and to assess performance and implement
corrective actions where needed.
(3) Includes measurable environmental goals, objectives, and targets that are
reviewed annually and updated when appropriate.
b. Integration of an EMS into ISMS. As part of integrating EMSs into site ISMSs,
DOE elements must do the following.
(1) Consider the following for inclusion as applicable:
(a) conformity of DOE proposed actions with State Implementation
Plans to attain and maintain national ambient air quality standards,
(b) implementation of a watershed approach for surface water
protection,
(c) implementation of a site-wide approach for groundwater
protection,
(d) protection of other natural resources including biota,
(e) protection of site resources from wild land and operational fires,
and
(f) protection of cultural resources.
(2) Promote the long-term stewardship of a site’s natural and cultural
resources throughout its operational, closure, and post-closure life cycle.
(3) Reduce or eliminate the generation of waste, the release of pollutants to
the environment, and the use of Class I ozone-depleting substances (ODS)
through source reduction, re-use, segregation, and recycling and by
procuring recycled-content materials and environmentally preferable
products and services.
(4) Ensure the early identification of, and appropriate response to, potential
adverse environmental impacts associated with DOE operations,
including, as appropriate, preoperational characterization and assessment,
and effluent and surveillance monitoring.
5. RESPONSIBILITIES. All DOE elements, as specified in paragraph 3a of this Order,
are responsible for implementing the requirements specified in paragraph 4. Corporate
responsibilities for management of environment, safety and health assigned to DOE
elements are delineated in Section 9 of DOE M 411.1-1C, Safety Management Functions,
Responsibilities, and Authorities Manual, dated 5-22-01. Specific responsibilities
for implementing this Order are set forth below.
a. Assistant Secretary for Environment, Safety and Health , in coordination with other
DOE elements, must do the following.
(1) Develop or revise, as needed, existing DOE environmental protection
directives, policies, guidance, requirements, and procedures to—
(a) provide guidance to Program Secretarial Offices (PSOs) and
field organizations for ensuring site ISMSs provide for EMSs
that promote the protection of the environment, efficient
compliance with environmental requirements, and enhanced
environmental performance in the conduct of DOE operations
(guidance must include instruction for integration of EMS
self-assessment requirements into ISMS self-assessment
protocols); and
(b) maximize the use of safe alternatives to, evaluate present and
future uses of, and disseminate information regarding successful
efforts to phase out ODS.
(2) Serve as the Agency Environmental Executive pursuant to
Executive Order 13101, “Greening the Government Through Waste
Prevention, Recycling and Federal Acquisition,” with responsibility
for—
(a) coordination, in conjunction with the Office of Management,
Budget and Evaluation, of environmental programs relating to
waste prevention, recycling, and acquisition;
(b) preparation of annual corporate reports on the Department’s
progress in implementing Executive Order 13101 and Executive
Order 13148, “Greening the Government Through Leadership in
Environmental Management” based on input from Departmental
elements; and
(c) submission of the reports indicated in paragraph 5a(2)(b) above to
the Office of Management and Budget, the Council on
Environmental Quality, and the Environmental Protection Agency.
b. Program Secretarial Officers, the Administrator for the National Nuclear Security
Administration, Administrators for Power Administrations, and DOE
Operations/Field/Site Office Managers must assess implementation of EMSs as a
component of the implementation of DOE P 450.5, Line Environment, Safety and
Health Oversight, dated 6-26-97.
c. Program Secretarial Officers, the Administrator for the National Nuclear Security
Administration, and Administrators for the Power Administrations , in addition to
the requirements in paragraph 5b, must do the following.
(1) Ensure that by December 31, 2005, all sites under their purview have
implemented the management system requirements of this Order.
(2) Request through the annual Departmental budgetary process, the funding
and resources needed for implementing the requirements of this Order and
funding to address findings and recommendations from oversight and self-
assessment activities conducted in accordance with DOE P 450.5.
(3) Ensure sites under their purview include site-specific goals in their ISMS
that contribute to the accomplishment of DOE P2 and energy efficiency
(P2E2) goals. (P2E2 goals are contained in a memorandum signed by the
Secretary on November 12, 1999, http://www.eh.doe.gov/P2)
(4) Ensure sites under their purview develop and implement cost-effective P2
programs that use life-cycle assessment concepts and practices in
determining program return-on-investment (ROI).
(5) Evaluate on an annual basis P2 nominations from sites under their
purview, select “best in class” nominees, and transmit the nominating
information to the Office of Environment, Safety and Health for submittal
to the White House’s “Closing the Circle Awards” program.
(6) Ensure sites under their purview monitor progress toward meeting the P2
requirements of paragraph 4b(3) of this Order, and make such information
available annually to the Office of Environment, Safety and Health.
d. DOE Operations/Field/Site Office Managers , in addition to the requirements in
paragraph 5b and in coordination with their reporting sites and PSOs, must do the
following.
(1) Report by December 31, 2005, to the Cognizant Secretarial Officer the
status regarding whether the EMS requirements of DOE O 450.1 have
been integrated into ISMSs by site contractors.
(2) Ensure contractors with approved ISMS descriptions update the ISMS
descriptions, as necessary, to include the EMS requirements of this Order.
(3) Obtain, as appropriate, local community advice relevant to aspects of
Executive Order 13101; Executive Order 13221, “Energy Efficiency
Standby Power Devices”; Executive Order 13123, “Greening the
Government Through Efficient Energy Management;” Executive Order
13148; and Executive Order 13149, “Greening the Government Through
Federal Fleet and Transportation Efficiency,” through new or existing
outreach programs.
(4) Incorporate, where appropriate, environmentally and economically
beneficial landscape practices into all new landscaping programs, policies,
and practices for facilities under their purview, in furtherance of
compliance with Executive Order 13148.
(5) Where appropriate, ensure implementation of centralized procurement and
distribution programs (e.g., pharmacy) for purchasing, tracking,
distributing, and managing materials with toxic or hazardous content at
facilities under their purview.
(6) Conduct operational assessments, such as Pollution Prevention
Opportunity Assessments, of site operations to identify opportunities for
source reduction, material segregation, recycle/reuse, or other P2 projects.
Based on the results of these assessments, implement cost-effective P2
projects, using life-cycle assessment concepts and practices in determining
ROI.
(7) Ensure site annual budgetary processes include the funding and resources
needed to implement this Order, including P2 program implementation
and monitoring.
(8) Notify the Director, Office of Strategic Materials, Office of Legacy
Management as to the type and quantity of ODS transferred to the
Department of Defense (DoD) ODS Reserve.
(9) Monitor progress toward meeting the P2 requirements of paragraph 4b(3)
of this Order, and make such information available annually to the Office
of Environment, Safety and Health.
(10) Develop and implement a program and procedures to maximize the use of
safe alternatives to ODS whereby—
(a) procurement of Class I ODS for all nonexcepted uses is
discontinued by December 31, 2010, consistent with Executive
Order 13148, and
(b) coordination is conducted within DOE and with DoD, as
appropriate, before disposal of ODS removed or reclaimed from
equipment (including disposal as part of a contract, trade, or
donation), and for situations in which the recovered ODS is a
critical requirement for DoD missions, the DOE facility transfers
the ODS to DoD.
(11) Consider P2 in the specification and acquisition of departmental supplies
to cost effectively maximize procurement of environmentally preferable
products.
(12) Coordinate all acquisitions with the Department’s “Green Acquisition
Advocates” established pursuant to Acquisition Letter, AL-2000-03, dated
05/16/00, as appropriate.
(13) Comply with the requirements of the Emergency Planning and
Community Right-to-Know Act (EPCRA or Title III of Superfund
Amendments and Reauthorization Act of 1986), 42 U.S.C. 11001, and the
Pollution Prevention Act of 1990, 42 U.S.C. 13101, et seq.
(14) Conduct environmental monitoring, as appropriate, to support the site’s
ISMS, to detect, characterize, and respond to releases from DOE
activities; assess impacts; estimate dispersal patterns in the environment;
characterize the pathways of exposure to members of the public;
characterize the exposures and doses to individuals, to the population; and
to evaluate the potential impacts to the biota in the vicinity of the DOE
activity.
(15) Ensure the analytical work supporting environmental monitoring is
implemented using—
(a) a consistent system for collecting, assessing, and
documenting environmental data of known and documented
quality;
(b) a validated and consistent approach for sampling and analysis of
radionuclide samples to ensure laboratory data meets program-
specific needs and requirements within the framework of a
performance-based approach for analytical laboratory work; and
(c) an integrated sampling approach to avoid duplicative data
collection.
(16) Ensure contractor ES&H self-assessment programs are established within
the framework of DOE P 450.5 and continue to be effective.
(17) Ensure, through the annual ISM review process [established pursuant to
DEAR 970.5223-1 (e)] that contractor ES&H performance objectives,
performance measures, and commitments include appropriate
environmental elements based on the environmental risks, impacts of
activities at the site and established Departmental P2E2 goals. (P2E2 goals
are contained in a memorandum signed by the Secretary on November 12,
1999, http://www.eh.doe.gov/P2).
(18) Determine which contracts are affected by the requirements of this Order
and ensure that the CRD is incorporated into only those contracts for
which it is appropriate.
e. Office of Independent Oversight and Performance Assurance must evaluate the
effectiveness of DOE Headquarters and field organization implementation of the
requirements of this Order.
f. Director of Management, Budget and Evaluation , in coordination with other DOE
elements, must develop or revise existing DOE directives, policies, and
documents to accomplish the following.
(1) Include, as appropriate, training on environmental requirements and EMSs
in the standard senior-level management training for program managers,
contracting personnel, procurement and acquisition personnel, facility
managers, and other personnel.
(2) Include, as appropriate, the successful implementation of EMSs in the
position descriptions and performance evaluations for Senior Executive
Service and career Headquarters managers and operations/field/site office
managers.
(3) Ensure DOE’s personal property management policies and procedures
preclude the Department’s disposal of ODS without prior coordination
with DoD.
(4) Ensure procurement policies and procedures encourage the Department’s
acquisition of recycled-content materials and environmentally preferable
products and services.
(5) Incorporate DOE’s P2E2 goals into the Department’s strategic and annual
performance plans required by the Government Performance and Results
Act of 1993.
(6) Ensure that requests for funding to implement the requirements of this
Order, made by PSOs are considered in the formulation of DOE’s annual
budget request.
(7) Ensure incorporation of planning and management requirements for
historic property and environmental management pursuant to Section 3
(b)(vi) of Executive Order 13327, “Federal Real Property Asset
Management.”
g. Director, Office of Legacy Management , must, in addition to their PSO
responsibilities in paragraphs 5b and 5c, coordinate with other DOE elements and
DoD to dispose of critical Class I ODS.
6. CONTACT. For assistance contact the Office of Environmental Policy and Guidance at 202-586-7870.
BY ORDER OF THE SECRETARY OF ENERGY:
KYLE E. McSLARROW
Deputy Secretary
DOE ORGANIZATIONS TO WHICH DOE O 450.1 IS APPLICABLE
DOE O 450.1 is applicable to the following organizations and all sites under their purview:
Office of Civilian Radioactive Waste Management
Office of Energy Efficiency and Renewable Energy
Office of Environment, Safety and Health
Office of Environmental Management
Office of Fossil Energy
Office of Independent Oversight and Performance Assurance (to the extent noted in paragraph 5e
of the Order)
Office of Management, Budget and Evaluation and Chief Financial Officer (to the extent noted
in paragraph 5f of the Order)
National Nuclear Security Administration
Office of Nuclear Energy, Science and Technology
Office of Security
Office of Science
Office of Legacy Management
Office of Energy Assurance
Southeastern Power Administration
Southwestern Power Administration
Western Area Power Administration
CONTRACTOR REQUIREMENTS DOCUMENT
DOE O 450.1, Environmental Protection Program
Regardless of the performer of the work, contractors with this Contractor Requirements
Document (CRD) incorporated into their contracts are responsible for (1) compliance with the
requirements of the CRD and (2) flowing down the requirements of the CRD to subcontracts at
any tier to the extent necessary to ensure the contractors’ compliance with the requirements.
This CRD requires contractors to integrate numerous environmentally related requirements
already placed on it by existing statutes, regulations, and policies through the use of an
Environmental Management System (EMS) incorporated into an Integrated Safety Management
System (ISMS). EMS requirements must be addressed in the contractor’s ISMS which must be
submitted for DOE review and approval under DEAR 970.5223-1, Integration of environment,
safety, and health into work planning and execution.
Contractors must:
1. General Requirements. Ensure their integrated safety management systems (ISMSs)
include environmental management systems (EMSs) that do the following.
(a) Provide for the systematic planning, integrated execution, and evaluation of
programs for—
(1) public health and environmental protection,
(2) pollution prevention (P2), and
(3) compliance with applicable environmental protection requirements.
(b) Include policies, procedures, and training to identify activities with significant
environmental impacts, to manage, control, and mitigate the impacts of these
activities, and to assess performance and implement corrective actions where
needed.
(c) Include measurable environmental goals, objectives, and targets that are reviewed
annually and updated when appropriate.
2. Integration of an EMS into ISMS. As part of integrating EMSs into their ISMSs, do the
following.
(a) Consider the following for inclusion as applicable:
(1) conformity of DOE proposed actions with State Implementation Plans to
attain and maintain national ambient air quality standards,
(2) implementation of a watershed approach for surface water protection,
(3) implementation of a site-wide approach for groundwater protection,
(4) protection of other natural resources including biota,
(5) protection of site resources from wildland and operational fires, and
(6) protection of cultural resources.
(b) promote the long-term stewardship of a site’s natural and cultural resources
throughout its operational, closure, and post-closure life cycle;
(c) reduce or eliminate the generation of waste, the release of pollutants to the
environment, and the use of Class I ozone-depleting substances (ODS) through
source reduction, re-use, segregation, and recycling, and by procuring recycled-
content materials and environmentally preferable products and services;
(d) ensure the early identification of, and appropriate response to, potential adverse
environmental impacts associated with DOE operations, including as appropriate,
preoperational characterization and assessment; and effluent and surveillance
monitoring.
3. Update approved ISMS descriptions as necessary to include EMS requirements of this
CRD. Report to DOE operations/field/site office managers within 12 months after
insertion of this CRD into the contract on the status of implementation of appropriate
management system elements of this CRD.
4. Assist the Department in meeting its requirements and in its efforts to obtain, as
appropriate, local community advice relevant to aspects of Executive Order 13101,
“Greening the Government Through Waste Prevention, Recycling and Federal
Acquisition;” Executive Order 13221, “Energy Efficiency Standby Power Devices;”
Executive Order 13123, “Greening the Government Through Efficient Energy
Management;” Executive Order 13148, “Greening the Government Through Leadership
in Environmental Management;” and Executive Order 13149, “Greening the Government
Through Federal Fleet and Transportation Efficiency.”
5. Assist the Department in meeting its requirements under Executive Order 13148 by
ensuring, where appropriate, implementation of centralized procurement and distribution
programs (e.g., pharmacy) for purchasing, tracking, distributing, and managing materials
with toxic or hazardous content at facilities under their purview.
6. Incorporate, where appropriate, environmentally and economically beneficial landscape
practices into all new landscaping programs, policies, and practices for facilities. [See
requirements placed on Federal agencies in Executive Order 13148, “Greening the
Government Through Leadership in Environmental Management.”]
7. Monitor progress toward meeting the P2 requirements of paragraph 2c above, and
make such information available annually to the DOE operations/field/site office.
8. Consider P2 in the specification and acquisition of supplies to cost effectively
maximize procurement of environmentally preferable products. As appropriate,
all acquisitions must be coordinated with the DOE operations/field/site office
“Green Acquisition Advocate.” [See Acquisition Letter AL-2000-03, dated
05/16/00]
9. Conduct operational assessments, such as Pollution Prevention Opportunity
Assessments, of site operations to identify opportunities for source reduction, material
segregation, recycle/reuse, or other P2 projects. Based on the results of these
assessments, implement cost-effective P2 projects, using life-cycle assessment
concepts and practices in determining return-on-investment.
10. Conduct environmental monitoring, as appropriate, to support the site’s ISMSs, to
detect and characterize releases from DOE activities; assess impacts; estimate the
dispersal patterns in the environment; characterize the pathways of exposure to
members of the public; and characterize the exposures and doses to individuals, and to
the population; and to evaluate the potential impacts to the biota in the vicinity of the
DOE activity.
11. Ensure the analytical work supporting environmental monitoring is implemented
using—
(a) a consistent system for collecting, assessing, and documenting environmental
data of known and documented quality;
(b) a validated and consistent approach for sampling and analysis of radionuclide
samples to ensure laboratory data meets program-specific needs and
requirements within the framework of a performance-based approach for
analytical laboratory work; and
(c) an integrated sampling approach to avoid duplicative data collection.
12. Develop and implement a program and procedures to maximize the use of safe
alternatives to ODS whereby—
(a) the procurement of Class I ODS for all nonexcepted uses is discontinued by
December 31, 2010 [See Executive Order 13148], and
(b) disposal of ODS removed or reclaimed from equipment (including disposal as
part of a contract, trade, or donation) is coordinated within
DOE and with DoD, and for situations in which the recovered ODS is a
critical requirement for DoD missions, the facility transfers the ODS
to DoD.
13. Assist the Department with its requirement under Executive Order 13148 by meeting
reporting and planning requirements under the Emergency Planning and Community
Right-to-Know Act (EPCRA or Title III of Superfund Amendments and Reauthorization
Act of 1986), 42 U.S.C. 11001, and the Pollution Prevention Act of 1990, 42 U.S.C.
13101.
14. Assist the Department with its requirement under Executive Order 13327, “Federal Real
Property Asset Management”, Section 3(b)(vi), by ensuring incorporation of planning
and management requirements for historic property and environmental management.