J_C.3DRAFT.pdf

Section J: Attachment C.3.1

Table 3.1: Regulatory Authorizations

MEDIA NAME TYPE NUMBER AGENCY

Hazardous Waste

Generator Identification Number Registration MDR000503847 MDE

Scrap Tires Scrap Tire Collection Facility License

License (Type depends on number of scrap tires accumulated)

Application to be submitted once program established

MDE

Scrap Tires Scrap Tire Hauler License (if needed)

License (only required if hauling off-site)

Application to be submitted once program established

MDE

Hazardous Substance Spill And Emergency Response

Oil Operations Permit Facility Permit 2013-OPT-22285 MDE

Potable Water Public Water System Identification Number Registration 0160018 MDE

Potable Water Water Appropriation and Use Facility Permit PG1994G007 MDE

Storm Water

Discharges from State and Federal Small Municipal Separate Storm Sewer Systems

General Permit

05-SF-5501

(To be replaced by 13-

SF-5501)

MDE

Storm Water

Discharges from Tanks, Pipes and Other Liquid Containment Structures at Facilities Other Than Oil Terminals

General Permit 11-HT MDE

Storm Water Maryland State Programmatic General Permit

General Permit MDSPGP-5 U.S. Army Corps of

Engineers

Pesticides (see Section 6)

Discharges from the Application of Pesticides General Permit

11PE

(Extended until new permit issued)

MDE

Section J: Attachment C.3.2

Table 3.2: Training and Certification Requirements

MEDIA NAME FREQUENCY CITATION AGENCY

Hazardous Material

Hazard Communication Training

Initial and when there is a process change or new chemical introduced

29 CFR

1910.1200 OSHA

Hazardous Material DOT Hazardous

Material Transportation Training

Within 90 days of task assignment and every three years thereafter

40 CFR

265.16;

49 CFR

172.704;

29 CFR

1910.120

EPA/

DOT

Hazardous Waste

Hazardous Waste Hazardous Waste Operations & Emergency Response

(HAZWOPER)

24-hour initial with annual refresher

29 CFR

1910.120

EPA/

OSHA

Hazardous Substance Spill And Emergency Response

Potable Water Class 1 Water Treatment Plant Operator

Initial certification training class;

recertification required every three (3) years

COMAR

26.06.01 MDE

Potable Water Class 1 Water Treatment Plant Superintendent

Potable Water Maryland State Public Drinking Water Sampler

4-hour initial certification training class;

recertification required every three (3) years

COMAR

26.08.05 MDE

Storm Water Erosion & Sediment Control (ESC) Responsible Person

Initial and when new regulatory requirements issued

COMAR

26.17.01.06 MDE

Storm Water Pollution Prevention Training

Initial and annual refresher

MS4 General Discharge Permit

MDE

Pesticides (see Section 6)

Pesticide Applicator Certification (based on category of treatment)

Initial certification training; recertification required annually

COMAR

15.05.01 MDA

Department of Homeland Security DHS Directives System

Directive Number: 023-02 Revision Number: 01

Issue Date: 5/8/2013

ENVIRONMENTAL

MANAGEMENT PROGRAM

I. Purpose This Directive establishes the Department of Homeland Security (DHS) policy regarding the administration of the Environmental Management Program.

II. Scope A. This Directive applies throughout DHS, except where inconsistent with the statutory independence of the Inspector General (Title 5, United States Code (U.S.C.).

B. DHS Directive 023-02, revision 00, “Environmental Compliance Program,” is hereby cancelled.

III. Authorities This Directive is governed by numerous Public Laws, Regulations, and Executive Orders (E.O.), such as but not limited to:

A. Title 15, U.S.C. Chapter 53, “Toxic Substances Control, Control of Toxic Substances” [Public Law 94-469, “Toxic Substances Control Act”]

B. Title 33, U.S.C., Chapter 26, “Water Pollution Prevention and Control” [Public Law 80-845, “Federal Water Pollution Control Act” or commonly known as the “Clean Water Act”]

C. Title 33, U.S.C., Chapter 40, “Oil Pollution” [Public Law 101-380, “Oil Pollution Act of 1990”]

D. Title 42, U.S.C., Sections 300f-300j-26, “The Public Health Service, Safety of Public Water Systems” [Public Law 93-523, “Safe Drinking Water Act of 1974”]

E. Title 42, U.S.C., Chapter 82, “Solid Waste Disposal” [Public Law 89-272, Title II, Subtitle A, § 1001, “Solid Waste Disposal Act,” including amendments by Public Law 94-580, “Resource Conservation and Recovery Act of 1976,” and Public Law 102-386, “Federal Facility Compliance Act of 1992”

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Revision # 01

Section J: Attachment C.3.3

F. Title 42, U.S.C., Chapter 85, “Air Pollution Prevention and Control” [Public Law 88-206, “Clean Air Act”]

G. Title 42, U.S.C., Chapter 103, “Comprehensive Environmental Response, Compensation, and Liability” [Public Law 96-510, “Comprehensive Environmental Response, Compensation and Liability Act of 1980”]

H. Title 42, U.S.C., Chapter 133, “Pollution Prevention” [Public Law 101-508, “Omnibus Budget Reconciliation Act of 1990,” Section 6601 et seq., “Pollution Prevention Act of 1990”]

I. E.O. 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” January 24, 2007

J. E.O. 13514, “Federal Leadership in Environmental, Energy, and Economic Performance,” October 5, 2009

IV. Responsibilities A. The Chief Readiness Support Officer (CRSO) oversees the administration and direction of actions taken to ensure environmental compliance and provides advice and support to the Department.

B. The Chief Financial Officer (CFO) oversees the direction of the environmental financial liabilities program and ensures the DHS budget, including environmental funding requests comply with Office of Management and Budget requirements.

C. The Director, Sustainability and Environmental Programs (SEP) within the Office of the Chief Readiness Support Officer administers the Department’s environmental management program, including compliance for air and water quality, environmental planning and historic preservation, endangered species, marine mammal, and migratory bird protection, hazardous chemicals, hazardous and solid waste management, noise pollution, underground and aboveground storage tanks, oil and hazardous substances pollution prevention, asbestos, lead-based paint, pesticide management, floodplain management, protection of wetlands, and drinking water (et al.);

1. Leads the strategic planning, management, tracking, and reporting for the Departmental environmental compliance program;

2. Develops environmental compliance implementation guidance, procedures, and requirements;

3. Conducts oversight activities and management reviews to ensure that the Components implement effective environmental management

- 2 - Directive # 023-02 programs to comply with this Directive;

4. Assists the Components in resolving environmental compliance regulatory issues;

5. Develops procedures for identifying and correcting compliance program weaknesses through management reviews, internal control reviews and other appropriate means; and

6. Coordinates the compilation of the Department’s annual reports and Office of Management and Budget sustainability/energy scorecard.

D. The Office of the General Counsel provides advice on compliance with the requirements of environmental laws, regulations and E.O.’s, consults with the appropriate entities on matters related to Environmental Financial Liability and Notices of Violation and consults with the appropriate entities regarding negotiations with Federal, Tribal, state and local regulators for Administrative Orders, Consent Orders and other settlement agreements

E. Component Heads, as it relates to their areas of responsibility, implement an environmental management program that meets the policy and requirements set forth in this Directive and:

1. Integrates systematic environmental compliance into day-to-day business processes and decision-making through the implementation of environmental management systems at all appropriate facilities and organizations;

2. Develops and implements environmental management controls to prevent releases to the environment;

3. Conducts environmental compliance assessments or audits at their facilities, including appropriate tenant, contractor, and concessioners activities at least every three years from the date of the previous audit;

4. Maintains environmental compliance assessment or audit data using the U.S. Army Corps of Engineers (Corps) online Compliance Program (CP) system called CP-Track (which is available from the Corps’ Construction Engineering Research Laboratory) or justifies to the SEP using an alternative program; and

5. Prepares and submits, to the SEP, the Component’s required data submission for environmental Annual Reports and scorecards.

- 3 - Directive # 023-02

V. Policy and Requirements A. Policy: The Department's fundamental environmental policy, applicable to every Component, at every level in the organization and for every mission or activity, is to protect our natural resources, prevent pollution, reduce waste and strive to exceed the environmental performance goals, objectives and targets established for federal agencies. Components establish and maintain a robust environmental program to ensure that all operations and necessary actions are carried out in accordance with all applicable Federal, State, interstate, and local environmental laws, regulations and executive orders. The program addresses, at a minimum, the six core program areas listed below:

1. Environmental compliance and auditing: Achieving, maintaining, and monitoring compliance with applicable environmental federal and state laws, regulations and executive orders, both substantive and procedural to include 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. Performing periodic assessment of environmental compliance onsite using established protocols such as the Corps’ Environmental Assessment Manual Guide (which is available from the Corps’ Engineering Research Laboratory).

2. Environmental financial liability: Identifying, recognizing, estimating and reporting probable and reasonably estimable future outflows or other expenditures of resources resulting from past transactions or events.

3. Environmental planning and historic preservation: Integrating environmental considerations into Department mission planning and project decision making and ensuring environmental stewardship, homeland security, and economic prosperity are compatible and complementary. Seeking to preserve, conserve and protect buildings, objects, landscapes or other artifacts of historical significance.

4. Environmental corrective action/restoration: Responding to regulatory, EPA or state directed activities to address releases of hazardous wastes or hazardous waste constituents and attempting to recover or repair damaged or degraded areas, sites or ecosystems.

5. Environmental funding: Establishing budgets in accordance with prescribed Federal and Department guidance that recognize compliance with environmental laws and regulations as a priority and seeks to corrects violations in an expeditious manner.

6. Environmental reporting: Collecting, verifying and distributing environmental performance information in response to regulatory or

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Section J: Attachment C.3.4

DHS ENVIRONMENTAL MANAGEMENT MANUAL

TABLE OF CONTENTS

CHAPTER I - INTRODUCTION

1. PURPOSE

2. REFERENCES

3. BACKGROUND

4. SCOPE AND APPLICATION

5. OVERVIEW OF RESPONSIBILITIES

6. DISCLAIMER

7. INQUIRIES

CHAPTER II – DEFINITIONS

CHAPTER III – PROCESSES AND PROCEDURES

SECTION A – ENVIRONMENTAL MANAGEMENT SYSTEMS

A.1. PURPOSE

A.2. REFERENCES

A.3. BACKGROUND

A.4. OVERVIEW OF RESPONSIBILITIES AND REQUIREMENTS

A.5. STRATEGIES

A.6. TOOLS AND GUIDANCE

SECTION B – ENVIRONMENTAL COMPLIANCE REPORTING

B.1. PURPOSE

B.2. REFERENCES

B.3. BACKGROUND

B.4. OVERVIEW OF REQUIREMENTS

B.5. STRATEGIES

B.6. TOOLS AND GUIDANCE

SECTION C – ENVIRONMENTAL FUNDING

C.1. PURPOSE

C.2. REFERENCES

C.3. BACKGROUND

C.4. OVERVIEW OF REQUIREMENTS

C.5. STRATEGIES

C.6. TOOLS AND GUIDANCE

SECTION D – ENVIRONMENTAL COMPLIANCE ASSESSMENTS

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REVISION # 00

D.1. PURPOSE

D.2. REFERENCES

D.3. BACKGROUND

D.4. OVERVIEW OF REQUIREMENTS

D.5. STRATEGIES

D.6. TOOLS AND GUIDANCE

SECTION E – POLLUTION PREVENTION PROGRAM

E.1. PURPOSE

E.2. REFERENCES

E.3. BACKGROUND

E.4. OVERVIEW OF REQUIREMENTS

E.5. STRATEGIES

E.6. TOOLS AND GUIDANCE

SECTION F – HAZARDOUS CHEMICAL MANAGEMENT

F.1. PURPOSE

F.2. REFERENCES

F.3. BACKGROUND

F.4. OVERVIEW OF REQUIREMENTS

F.5. STRATEGIES

F.6. TOOLS AND GUIDANCE

SECTION G - ENVIRONMENTAL RESTORATION

G.1. PURPOSE

G.2. REFERENCES

G.3. BACKGROUND

G.4. OVERVIEW OF REQUIREMENTS

G.5. STRATEGIES

G.6. TOOLS AND GUIDANCE

SECTION H – HAZARDOUS AND MUNICIPAL SOLID WASTE MANAGEMENT

H.1. PURPOSE

H.2. REFERENCES

H.3. BACKGROUND

H.4. OVERVIEW OF REQUIREMENTS

H.5. STRATEGIES

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H.6. TOOLS AND GUIDANCE

SECTION I – AIR QUALITY

I. 1. PURPOSE

I.2. REFERENCES

I.3. BACKGROUND

I.4. OVERVIEW OF REQUIREMENTS

I.5. STRATEGIES

I.6. TOOLS AND GUIDANCE

SECTION J – ASBESTOS MANAGEMENT

J.1. PURPOSE

J.2. REFERENCES

J.3. BACKGROUND

J.4. OVERVIEW OF REQUIREMENTS

J.5. STRATEGIES

J.6. TOOLS AND GUIDANCE

SECTION K – LEAD-BASED PAINT MANAGEMENT

K.1. PURPOSE

K.2. REFERENCES

K.3. BACKGROUND

K.4. OVERVIEW OF REQUIREMENTS

K.5. STRATEGIES

K.6. TOOLS AND GUIDANCE

SECTION L – UNDERGROUND STORAGE TANK (UST)

L.1. PURPOSE

L.2. REFERENCES

L.3. BACKGROUND

L.4. OVERVIEW OF REQUIREMENTS

L.5. STRATEGIES

L.6. TOOLS AND GUIDANCE

SECTION M – WASTEWATER AND STORMWATER MANAGEMENT

M.1. PURPOSE

M.2. REFERENCES

M.3. BACKGROUND

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M.4. OVERVIEW OF REQUIREMENTS

M.5. STRATEGIES

M.6. TOOLS AND GUIDANCE

SECTION N – DRINKING WATER

N.1. PURPOSE

N.2. REFERENCES

N.3. BACKGROUND

N.4. OVERVIEW OF REQUIREMENTS

N.5. STRATEGIES

N.6. TOOLS AND GUIDANCE

SECTION O – OIL AND HAZARDOUS SUBSTANCES POLLUTION PREVENTION

AND CONTINGENCY PROGRAM

O.1. PURPOSE

O.2. REFERENCES

O.3. BACKGROUND

O.4. OVERVIEW OF REQUIREMENTS

O.5. STRATEGIES

O.6. TOOLS AND GUIDANCE

SECTION P – PESTICIDE MANAGEMENT

P.1. PURPOSE

P.2. REFERENCES

P.3. BACKGROUND

P.4. OVERVIEW OF REQUIREMENTS

P.5. STRATEGIES

P.6. TOOLS AND GUIDANCE

SECTION Q – FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS

Q.1. PURPOSE

Q.2. REFERENCES

Q.3. BACKGROUND

Q.4. OVERVIEW OF REQUIREMENTS

Q.5. STRATEGIES

Q.6. TOOLS AND GUIDANCE

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LIST OF FIGURES

Figure 2-1: Federal Environmental Requirements Figure 17-1: Sample Flood Insurance Rate Map

LIST OF TABLES

Table 2-1: FFCA Key Provisions Table 15-1: Federal Hazardous Substance Discharge and Oil Spill Reporting Requirements ... 135 vi

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DHS Environmental Management Manual

CHAPTER I - INTRODUCTION

1. PURPOSE

Department of Homeland Security (DHS) is committed to managing an efficient, effective, and customer-oriented environmental program focused on environmental stewardship. The Department, through its various Components, leases and owns facilities nationwide and executes its mission in an environmentally responsible manner that is compliant with applicable international, Federal, state, and local laws, regulations, Executive Orders (EOs), and applicable internal policies.

The purpose of this DHS Environmental Management Manual is to provide further guidance in support of DHS Directive 023-02, Environmental Management Program, dated May 23, 2007.

This manual is designed to assist Components in the implementation of Directive 023-02. This manual does not create any new policy or requirements. This manual summarizes the major Federal environmental program management requirements. It does not provide a complete listing of all provisions and detailed guidance on complying with environmental laws, regulations, and EOs. Rather, this manual is intended to facilitate compliance by DHS facilities and operations with Federal laws, regulations, and EOs for preserving, protecting, and restoring the quality of the environment. Wherever this manual cites environmental laws, regulations, or EOs, such information is intended to be advisory only. That is, descriptions of the requirements under such authorities are not intended to supersede the actual requirements in those authorities, which may change after the publication of this manual, or which may be interpreted differently by various regulators, courts, and other such entities. In cases in which the law excuses, exempts, or modifies requirements originally imposed under such authorities, this manual is not intended to require independent adherence to such requirements. Users of this manual should not take action without first determining whether there are applicable state or local requirements in addition to the applicable Federal requirements highlighted in this manual.

This manual does not address issues associated with Sustainability, Environmental Financial Liability, or Environmental Planning and Historic Preservation. Detailed guidance on those issues is contained in the following documents:

A. Sustainability

1. DHS 025-01, Sustainable Practices, issued April 12, 2012, and the accompanying DHS Sustainable Practices Manual.

B. Environmental Financial Liability

1. DHS Financial Management Policy (FMP) 016, Accounting for Environmental Liabilities, issued by the Chief Financial Officer (CFO) on October 15, 2007 (or most recent amended version); and

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2. DHS Procedural Guidance for Environmental Liabilities, issued by the Chief Administrative Officer (CAO) March 8, 2012 (or most recent amended version) and the accompanying Environmental Liabilities How-To Manual. The CAO is now the Chief Readiness Support Office (CRSO), and hereafter is referred to as the CRSO.

C. Environmental Planning and Historic Preservation

1. DHS Directive 023-01, Environmental Planning Program; and

2. DHS Directive 017-01, Historic Preservation in Asset Management and Operation.

2. REFERENCES

Federal laws, regulations, EOs, other guidance, and DHS Directives referenced in and used to develop this manual are listed in Section 2 of the following chapters and in Appendix A. The lists may not be exhaustive. The Environmental Protection Agency’s (EPA’s) Office of Compliance and Enforcement maintains a comprehensive list of the applicable Federal requirements on its web site. The FedCenter website also contains a comprehensive compilation of applicable requirements.

3. BACKGROUND

Federal facilities, commercial entities, and state and local governments comply with applicable and relevant Federal, state, and local environmental laws and regulations. Federal facilities also comply with current Federal EOs and mandatory policies. DHS strives to develop sound environmental management programs to ensure long-term compliance with environmental requirements. The Components’ environmental management and compliance programs are expected to manage systems and the actions of people, with a focus on environmental compliance, proactive pollution prevention, stewardship, and sustainability initiatives.

4. SCOPE AND APPLICATION

This manual is an environmental management tool for all DHS Components that provides strategies and best practices for maintenance of Components’ environmental management programs. Its contents are also designed to support tenants, such as other Federal agencies, contractors, and lessees providing direct support to the Department and that are located on real property within the jurisdiction of the Department. Components residing in General Services Administration (GSA)-provided office space typically rely on GSA to address compliance responsibilities (e.g., environmental planning, historic preservation, recycling, energy and water conservation, underground and above-ground storage tank management) for that space. This manual is not intended to direct any compliance with cited legal authorities in any way except as directed by such legal authorities themselves.

The CRSO serves as the Senior Agency Official for Environmental, Energy, and Transportation Management for the Department and has the authority to approve alternatives to procedures in

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this manual that are consistent with applicable laws, regulations, and EOs, or with Department environmental policies, DHS Directives, and DHS Instructions. The CRSO has been delegated authority to approve revisions to this manual.

5. OVERVIEW OF RESPONSIBILITIES

A. DHS Deputy Under Secretary for Management (USM): The Deputy USM was designated as the Senior Sustainability Officer (SSO) for the Department upon issuance of EO 13514. The Deputy USM also serves as the Senior Agency Official under EO 13423. The SSO is responsible for preparing the targets for reduction of GHG emissions, guiding development and refinement of the Department’s Strategic Sustainability Performance Plan (SSPP), monitoring and reporting departmental progress to the Council on Environmental Qulaity (CEQ) Chair and OMB Director, and serving as the Department’s representative on the Steering Committee on Federal Sustainability.

B. The Chief Readiness Support Officer (CRSO) responsibilities include, but are not limited to:

1. Overseeing the administration and direction of actions taken to ensure environmental compliance;

2. Providing environmental compliance advice and support to the Department; and

3. Ensuring that the DHS Secretary’s responsibilities under applicable EOs are carried out.

C. The Execxutive Director Office of Sustainability and Environmental Programs (SEP) responsibilities include, but are not limited to:

1. Preparing guidance to ensure Department-wide compliance with environmental policies;

2. Preparing Departmental compliance management reports as required by DHS Directives and applicable Federal laws, regulations, and EOs (refer to Appendix A);

and

3. Measuring and reporting Department-wide environmental and energy compliance.

D. Office of the General Counsel (OGC), as appropriate or as required, reviews reports, responses, and other communications for legal sufficiency.

E. The Heads of Components, or their designees (at the Component CAO level or higher or the Senior Accountable Officer (SAO)), have the following duties:

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1. Ensure that necessary actions are taken to develop and implement environmental management programs within their respective Components to address laws, regulations, EOs, and directives forming the basis for Directive 023-02 and cooperate with Federal, state, and local agencies to improve the quality of the environment;

2. Develop the necessary budget requests to support development and implementation of Components’ environmental management programs in accordance with OMB and CFO guidance;

3. Plan, develop, and implement environmental management programs and activities in a manner that prevents or minimizes adverse impacts on human health or environmental quality;

4. Coordinate with the appropriate legal counsel regarding all reports of liability, notices of violations, and enforcement actions;

5. Implement the requirements of Directive 023-02 and where appropriate, develop supplemental guidance to address Component-specific issues;

6. Ensure that appropriate Component personnel affected by the Directive 023-02 receive initial awareness training and refresher training, as needed, so that the goals and objectives are understood and may be achieved; and

7. Assure compliance with the public information and other procedural requirements of the floodplain and wetlands EOs, and apply the EOs and Section 404 regulations to the following types of activities:

i. Modifying existing Federal facilities;

ii. Planning, designing, and constructing new Federal facilities;

iii. Acquiring, managing, and disposing of Federal lands and facilities;

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

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

F. Component responsibilities include, but are not limited to:

1. Complying with the laws, regulations, EOs, and Directives and cooperating with Federal, state, and local environmental regulatory agencies to improve the quality of the environment in an economically and fiscally sound manner;

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2. Integrating systematic environmental compliance into day-to-day business processes and decision-making through the implementation of environmental management systems (EMSs) at appropriate facilities and organizations (i.e., Component, facility, site, or organizational level that can have a significant impact on the environment, either directly or indirectly, individually or cumulatively, due to the operation of its mission, processes, or functions);

3. Developing and implementing environmental management controls to prevent releases to the environment;

4. Support training programs for environmental, energy, transportation management, and compliance personnel;

5. Conducting environmental compliance assessments or audits at the appropriate Component facilities, organizations and activities, including appropriate assessments or audits of tenant, contractor, and concessioner activities at least once every three (3) years from the date of the initial or previous audit;

6. Adopting the United States Army Corps of Engineers (USACE) Engineering Research and Development Center (ERDC) Construction Engineering Research Laboratory (CERL) Compliance and Processes Tracking System (CP-Track) as the standard tool for tracking and reporting environmental compliance assessments to

DHS;

7. Preparing and submitting, to SEP, each Component’s required data submission for the quarterly Environmental Management Scorecard, the Operational Sustainability Performance Plan, the Annual Greenhouse Gas (GHG) Inventory and Energy Report, and any other reports, data calls, or scorecards;

8. Providing SEP with a copy of each notice of violation (NOV), compliance agreement, administrative order, consent order, or equivalent document issued by a Federal, state, or local regulatory enforcement organization within three (3) working days of receipt of the document;

9. Planning, developing, and implementing all programs and activities in a manner that prevents or minimizes adverse impacts on environmental quality;

10. Ensuring coordination with the appropriate legal counsel regarding all reports of liability, permits, permit applications, agreements, NOVs, and enforcement actions;

11. Preventing and reducing the volume and/or toxicity of pollution at the source, wherever cost-effective and consistent with the mission and operations of the affected entity;

12. Managing the controlled use and the systematic protection of natural resources; and

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13. Providing legacy management, returning previously contaminated sites currently under the Component’s control to their original state, or remediation or control of those sites as determined by applicable Federal, state, or local authorities, laws, or regulations prior to closure, retirement, or transfer to another entity, Governmental or otherwise. Components undertake all measures in accordance with §120(h) (3) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended. Such measures may include investigation of known or potential environmental contamination, remediation of said contamination, and/or establishment and maintenance of land use controls to prevent exposure of future occupants to contaminants above risk-based level.

6. DISCLAIMER

This manual’s sole intent is to enhance the internal management of the U.S. Department of Homeland Security and its Components in their performance and fulfillment of their various duties and obligations under existing environmental laws, regulations, and Executive Orders.

THIS MANUAL 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 COMPONENTS, OFFICERS, EMPLOYEES,

OR AGENTS.

7. INQUIRIES

Inquiries regarding information, suggestions for improvements, or status reports on environmental compliance or other elements of the Department's environmental management programs should be directed to:

Department of Homeland Security Executive Director, Office of Sustainability and Environmental Programs

245 Murray Lane, SW Washington, DC 20528 (202) 447-5040 or via e-mail to OCAO-SustainabilityReports@hq.dhs.gov

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CHAPTER II – DEFINITIONS

These definitions are categorized under the headings for the subject areas covered in this Manual.

AIR QUALITY

Air Pollutant: Any airborne 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 that is emitted into or otherwise enters the ambient air and for which ambient air quality standards have been established. “Air pollutant” includes any precursors to the formation of any air pollutant, to the extent the U.S. EPA has identified such a precursor or precursors for the particular purpose for which the term “air pollutant” is used.

Air Pollution Source: Any stationary source of air pollutant(s) that is built or modified after publication of final or proposed regulations that 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 air pollution, such as power plants and other facilities using industrial combustion processes, paint spray booths, fuel storage tanks, and solvent cleaning facilities (to name a few).

Conformity (General): As defined in §176(c) of the Clean Air Act (CAA), conformance with a Federal, state, or tribal government implementation plan (State Implementation Plan [SIP], Federal Implementation Plan [FIP], or Tribal Implementation Plan [TIP]) for the purpose of eliminating or reducing the severity and number of violations of the National Ambient Air Quality Standards (NAAQS) and achieving expeditious attainment of such standards, and such activities will not:

1. Cause or contribute to any new violation of any standard in the area;

2. Increase the frequency or severity of any existing violation of any standard in any area;

3. Delay timeline attainment of any standard or any required interim emission reductions or other milestones; and

4. The determination of conformity is based on the most recent estimates of air pollutant emissions.

Hazardous Air Pollutants (HAPs): Hazardous air pollutants are those pollutants that are known or suspected to cause cancer or other serious health effects, such as reproductive effects or birth defects, or adverse environmental effects. Examples of toxic air pollutants include benzene, which is found in gasoline; perchlorethylene, which is emitted from some dry-cleaning facilities; and methylene chloride, which is used as a solvent and paint stripper by a number of industries.

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Examples of other listed air toxics include dioxin, asbestos, toluene, and metals, such as cadmium, mercury, chromium, and lead compounds.

National Ambient Air Quality Standards (NAAQS): NAAQS identify and regulate air pollutants that may be harmful to the public health or welfare. The list of NAAQS pollutants is as follows: particulate matter (PM) less than 10 microns in length (PM10), PM less than 2.5 microns in length (PM2.5), sulfur dioxide (SO2), oxides of nitrogen NOx, lead, Volatile Organic Compounds (VOCs), and carbon monoxide (CO).

National Emission Standards for Hazardous Air Pollutants (NESHAPs): Uniform national standards that apply to new, modified, and existing stationary sources.

Non-Attainment Area: A geographic area that does not meet one or more of the NAAQS for the criteria pollutants designated under Title I of the CAA.

State Implementation Plans (SIPs): The regulations and other materials for meeting clean air standards and associated Clean Air Act requirements. SIPs include:

1. State regulations that EPA has approved;

2. State-issued, EPA-approved orders requiring pollution control at individual companies;

3. In rare cases, federally promulgated or tribal-promulgated regulations, designated as FIPs or TIPs; and

4. Planning documents, such as area-specific compilations of emissions estimates and computer simulations (modeling analyses) demonstrating that the regulatory limits ensure that the air will meet air quality standards.

ASBESTOS

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

Asbestos: Asbestiform varieties of chrysotile; crocidolite; amosite; anthophyllite; tremolite; and actinolite. Asbestos is a toxic substance and a known human carcinogen. It can cause several serious diseases in humans—including mesothelioma (a form of lung cancer), emphysema, and asbestosis (a chronic inflammation of the lung). Symptoms of these diseases typically develop over a period of years following asbestos exposure.

Asbestos-Containing Material (ACM): Any material or product that contains more than 1 percent asbestos.

Asbestos Management Plan (AMP): The AMP is a permanent record of the current status and condition of all ACM in an installation’s facility inventory. The AMP also contains the

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documentation and procedures for all asbestos management efforts to ensure compliance with applicable Federal, state, and local regulations.

Friable ACM: Any ACM, which, when dry, can be crumbled, pulverized, or reduced to powder by hand pressure. Examples of ACMs that commonly meet the definition of friable ACMs include pipe insulations, sprayed-on fireproofing, and boiler insulation.

Management-in-Place (MIP): MIP refers to the principle of maintaining intact, undisturbed asbestos such that it does not become damaged or disturbed and, as a result, release asbestos fibers to the ambient air.

Non-Friable ACM: Any ACM, which, when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure.

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

Permissible Exposure Limit (PEL): The PEL for occupational exposure to asbestos, as established by OSHA, is 0.1 fibers per cubic centimeter (f/cc) and is based upon the time-weighted average exposure for a complete eight-hour work shift. Assistance with any OSHA requirement should be addressed through the Component's Occupational Safety and Health Division.

Repair: Repair means return of damaged ACM to an undamaged condition or to an intact state so as to prevent release of asbestos fibers.

ENVIRONMENTAL COMPLIANCE ASSESSMENT

Environmental Compliance Assessment: This assessment is a formal periodic determination of environmental compliance conducted onsite using established protocols, such as the United States Army Engineering Research Development Center Construction Engineering Research Laboratory’s The Environmental Assessment Manual (TEAM) Guide.

1. External Assessments: External assessments are assessments conducted by personnel not directly associated with the evaluated activities. At least one representative from the Component environmental office is encouraged to be a member of each external assessment team; and

2. Internal Assessments: Internal assessments are assessments conducted by personnel from the activity being assessed.

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DRINKING WATER

Maximum Contaminant Level (MCL): An MCL is the maximum permissible level of a contaminant in water that is delivered to any user of a public water system. It is an enforceable value in the event of a violation.

Maximum Contaminant Level Goal (MCLG): An MCLG represents the maximum level of a contaminant in drinking water at which no known or anticipated adverse effect on the health of persons would occur and that (EPA believes) allows an adequate margin of safety. It is a non-enforceable health goal but may be used as guidance for determining when an enforcement action may be terminated.

Public Water System (PWS): 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.

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

ENVIRONMENTAL COMPLIANCE REPORTING

Enforcement Action: A formal, written notification by the U.S. EPA or other authorized Federal, state, local, or regional environmental regulatory authority of the alleged violation of any applicable statutory or regulatory environmental requirement. An enforcement action does not include warning letters, informal notices of deficiencies, or notices of deficiencies to permit applications. Nor does Enforcement Action include demands for money (e.g. disputes over fiscal law requirements, as opposed to disputes over how to comply with requirements affecting the environment). Each alleged infraction of a separate statutory or regulatory requirement constitutes a separate enforcement action, even if addressed in a single document, such as an NOV. Items found to be potentially out of compliance during an internal audit are not included in this definition of enforcement action.

1. Closed Enforcement Action: 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. Adjudication of the matter, as before an Administrative Law Judge; and

f. Approval from the environmental protection manager to close the finding.

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2. Open Enforcement Action: An enforcement action for which 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.

Life-Cycle Cost: The sum of the present value of capital costs, installation costs, operating costs, maintenance costs, and disposal costs over the lifetime of the project, product, or measure.

Life Cycle Cost-Effective: A scenario under which the life-cycle costs of a product, project, or measure is estimated to be equal to, or less than, the base case (i.e., the current or standard practice or product).

Significant Environmental Event: A noteworthy environmental occurrence (positive or negative) that may be of interest to or require a “timely and appropriate” response from the affected facility or Component. Such an occurrence may involve compliance with environmental statutes, civil or criminal environmental enforcement actions, major oil or chemical spills or emergencies, or assessed fines and/or penalties.

ENVIRONMENTAL MANAGEMENT SYSTEMS

Appropriate Facility or Appropriate Organizational Level: Any Component, facility, site, multiple-site/facility or organizational level that can have a significant impact on the environment, either directly or indirectly, individually or cumulatively, due to the operations of that facility’s or organization’s mission, processes, or functions. In April 2000, President Clinton signed EO 13148 requiring the use of EMSs by appropriate Federal facilities. President Bush re-affirmed EO 13148 in 2001 and in January 2007 replaced EO 13148 with the updated EO 13423. EO 13423 further emphasizes the requirement that all Federal agencies use EMSs as the framework to manage all their environmental issues, including the environmental aspects of their energy and transportation operations, and it broadened the applicability of EMSs to “organizational levels” beyond the provisions of 13148 that applied only to “facilities.”

Declaration of Conformance: A process an organization uses to affirm that its EMS is in conformance with the defined elements of its EMS. An EMS may be considered in full conformance or fully implemented when the following conditions have been met:

1. The EMS has been the subject of a formal audit by a qualified party outside the control or scope of the EMS;

2. Audit findings have been recognized by the appropriate senior level of the organization implementing the EMS;

3. The appropriate senior manager accountable for the EMS has declared conformance to the EMS requirements; and

4. A letter signed by the appropriate senior manager accountable for the EMS has been forwarded to SEP documenting the Declaration of Conformance.

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Environmental Aspect: An element of a Component or facility’s activities, products, or services that does or can interact with the environment, including environmental aspects related to energy and transportation functions.

Environmental Impact: Any change to the environment, whether adverse or beneficial, resulting from an environmental aspect associated with an organization’s activities, products, or services.

Enviromental Management System (EMS): A systematic approach for the evaluation and identification of the environmental risks of activities, for setting objectives and targets, for applying operational controls and for specifying roles and responsibilities that result in the implementation of a set of procedures and programs that enable an organization to increase its operating efficiency, continually improve overall environmental performance, and better manage and reduce its environmental impacts, including those from the environmental aspects related to energy and transportation functions. EMS implementation reflects accepted quality management principles based on the “Plan, Do, Check, Act” model found in the ISO 14001:2004(E) International Standard.

Environmental Management Policy Statement: A statement providing the framework for setting and reviewing environmental objectives and targets and be documented, implemented, maintained, and communicated to all employees and made available to the public. It is appropriate to the nature, scale, and environmental impacts of an organization’s activities, products, and services and that makes commitments to continual improvement, prevention of pollution, and compliance with environmental legislation, regulations, Executive Orders, and organizational requirements.

Facility: Any building, installation, structure, land, and real property owned or operated by, or constructed or manufactured and leased to, a Component, and any related fixture. This term includes a group of facilities at a single or multiple locations (multi-site) managed as an integrated operation as well asgovernment-owned contractor-operated facilities.

Fleet: Twenty or more motor vehicles that are used in the United States and that are not used for law enforcement, emergencies, and/or military use.

Sustainability: Of or pertaining to creating and maintaining conditions under which humans and nature can exist in productive harmony that permit fulfillment of the social, economic, and other requirements of present and future generations of Americans. Sustainability practices for Federal agencies, including goals to be achieved, have been defined in EO 13423 (including future editions of this EO). Federal agencies may add to these practices but may only eliminate those that are not relevant and applicable to their operations.

United States (U.S.): When used in a geographical sense, United States refers to the 50 states and the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the U.S. Virgin Islands, the Northern Mariana Islands, and associated territorial waters and airspace.

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ENVIRONMENTAL RESTORATION

Applicable or Relevant and Appropriate Requirements (ARARs): Standards, criteria, or limitations under Federal or more stringent state environmental laws, including Resource Conservation and Recovery Act (RCRA), that may be specified during a Comprehensive Environmental Response, Compensation and Liabiity Action (CERCLA) driven remedial action (unless site-specific waivers are obtained).

Corrective Action: Cleanup of hazardous waste and/or hazardous constituents released to the soil, ground water, surface water, sediment, or air at hazardous waste treatment, storage and disposal facilities (TSDFs) that manage or have managed hazardous waste, regardless of the time of the release(s). Corrective action is conducted pursuant to requirements contained in 40 CFR 264 and 40 CFR 265 for permitted and interim status facilities, respectively. Usually, the authority for corrective action under EPA or authorized state auspices is a consent order pursuant to §3004(u) or §3008(h) of CERCLA, although voluntary corrective action agreements also are used.

Corrective Action Management Unit (CAMU): A physical, geographic area designated by EPA for states for managing remediation wastes during a corrective action or remedial action.

Finding of Suitability for Early Transfer (FOSET): The process to document the conclusion that property is environmentally suitable for early transfer by deed, in accordance with §120(h)(3)(C) of CERCLA.

Finding of Suitability to Lease (FOSL): The process to document the conclusion that property can be leased, even when cleanup is underway.

Finding of Suitability to Transfer (FOST): The process to document the conclusion that property is environmentally suitable for transfer by deed. A FOST is issued only after the transferring Federal agency can demonstrate it has satisfied all relevant requirements in Section120(h)(3) of CERCLA, including the covenant that the Government has conducted all required remedial activities to protect human health and the environment.

Hazardous Substance: A comprehensive designation under CERCLA for RCRA hazardous waste and other toxic pollutants regulated by the CAA, CWA, and TSCA. EPA has the authority under CERCLA to designate any additional element, compound, mixture, or solution as a hazardous substance, except petroleum and natural gas (which are excluded by law from the definition of hazardous substance under CERCLA).

Hazardous Waste: A hazardous waste is any solid waste defined or listed as hazardous according to 40 CFR 261 (Identification and Listing of Hazardous Waste) or, where applicable, each authorized state’s hazardous waste management rules and regulations. In states that are not authorized to operate their RCRA program, the EPA regulations govern. The process of determining whether a solid waste is a hazardous waste is complicated due to numerous

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exceptions and exemptions contained in the regulations; advice should be sought from qualified and experience personnel.

Land Use Control (LUC): A physical, legal, or administrative mechanism that restricts the use of, or limit access to, contaminated property to reduce risks to human health and the environment.

Pollutant or Contaminant: Any element, substance, compound, or mixture that, after release into the environment and upon exposure, ingestion, inhalation, or assimilation into any organism, can or may reasonably be anticipated to cause illness, death, or deformation. The definition of pollutant or contaminant specifically excludes petroleum and natural gas. Pollutant or Contaminant also includes substances that cause damage to natural resources, thus reducing the potential benefits that humans or other species derive from those resources, including but not limited to drinking water supplies, recreation, and food supplies (e.g., fish, game animals), or that damage federally regulated wetlands areas, or that damage or destroy the habitat of a Federal endangered or threatened species.

Potentially Responsible Party (PRP): An entity (which can be a government entity, including a Federal agency) that has been identified pursuant to Section 104(e) of CERCLA as potentially causing or contributing to a release(s) of hazardous substances at a CERCLA-regulated site.

Record of Decision (ROD): A remedial action plan document that describes the remedy selected for a CERCLA site and containing the signatory approval of the applicable EPA Regional Administrator to implement the remedy.

Remedial Action: Pursuant to CERCLA and the National Oil and Hazardous Substances Contingency Plan (NCP), those actions consistent with a permanent remedy implemented instead of, or in addition to, removal actions in the event of a release or threatened release of a hazardous substance(s) into the environment, and to prevent or minimize the release of hazardous substances such that they do not migrate and pose an unacceptable risk to present or future public health or the environment.

Remediation Waste: All solid and hazardous wastes and all media (including contaminated groundwater, surface water, soils, and/or sediment) and debris managed when implementing a Corrective Action or Remedial Action. (The preceding statement is a general definition of Remediation Waste. Pursuant to RCRA regulations, “Remediation Waste” in the context of certain corrective actions has a distinct meaning and implication; the same is true of “PCB Remediation Waste” defined under the TSCA regulations.)

Removal Action: The cleanup or removal of released hazardous substances from the environment. Such actions may be taken in the event of: (1) a threatened release of hazardous substances into the environment; (2) the relapse or threat of release of hazardous substances; (3) the disposal of removed material; or (4) a…