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Department of the Interior

Departmental Manual

Effective Date: 06/30/94

Series: Environmental Quality Programs

Part 518: Waste Management

Chapter 2: Compliance with Waste Management Requirements

Originating Office: Office of Environmental Policy and Compliance, Office of the Secretary

518 DM 2

1. Purpose. This chapter prescribes Departmental policy, responsibilities, and functions regarding compliance with Federal, State, interstate and local waste management requirements that affect Departmental lands and facilities.

2. Scope. The responsibilities and requirements for compliance with Federal, State, interstate and local waste management requirements by this chapter shall apply, where applicable, to all Departmentally-managed lands and facilities. Sites that are not operated by an agency of the Department and that are located on Indian trust lands are not included. All non-Interior groups whose activities are on Departmental lands and facilities (e.g., claimants, concessionaires, contractors, permittees, and lessees) will be held responsible for compliance with Federal, State, interstate and local waste management requirements. Waste is defined to include solid and hazardous waste, hazardous materials, and hazardous substances, as defined by the statutes referenced in 518 DM 2.3.

3. References. In terms of compliance with waste management requirements for the Department, the following statutes, Executive Orders, Circular, and Departmental Manual Chapters are referenced. The Comprehensive Environmental Response, Compensation and Liability Act, as amended by the Superfund Amendments and Reauthorization Act, 42 U.S.C. § 9601 et seq., Clean Air Act, 42 U.S.C. § 7401-7671q, as amended; Clean Water Act, 33 U.S.C. § 1251 et seq., as amended; Hazardous Materials Transportation Act, 49 U.S.C. § 1801-1812; Occupational Safety and Health Act, 29 U.S.C. § 651 et seq. The Pollution Prevention Act, 42 U.S.C. § 13101 et seq., Solid Waste Disposal Act, as amended by the Federal Facility Compliance Act, 42 U.S.C. § 6903, § 6908, § 6924, § 6927, § 6939 c-e, § 6961, § 6965 and the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq., Safe Drinking Water Act, 42 U.S.C. § 300 f-j 26; and the Toxic Substances Control Act, 42 U.S.C. § 2601 et seq. The Emergency Planning and Community Right-To-Know Act, 42 U.S.C. § 1101 et seq., Federal Compliance with Pollution Standards, Executive Order 12088; Superfund Implementation, Executive Order 12580; and Federal Acquisition, Recycling and Waste Prevention, Executive Order 12873. Federal Compliance With Right-to-Know Laws and Pollution Prevention Requirements, Executive Order 12856; Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, Executive Order 12898; Reporting Requirements of Abatement of Environmental Pollution at Federal Facilities, Office of Management and Budget Circular A-106; Comprehensive Waste Management, 518 DM 1; and Hazardous Substances Determinations, 602 DM 2.

4. Policy. It is the policy of the Department to:

A. Comply with Federal, State, interstate and local waste management requirements, where applicable, in Departmentally-managed lands and facilities. This includes payment of fees for required registrations and permits.

B. Perform required assessments, monitoring, pollution prevention, recordkeeping, reporting, response actions, and training on a timely basis.

C. Monitor non-Interior groups whose activities are on Departmental lands and facilities (e.g., claimants, concessionaires, contractors, permittees, and lessees) to ensure that they comply with Federal, State, interstate and local waste management requirements.

D. Aggressively pursue potentially responsible parties to correct their contamination of Departmental lands and facilities or to recover the costs of cleanup.

5. Responsibilities.

A. Office of the Solicitor. The Office of the Solicitor is responsible for providing legal review and guidance in implementing and complying with 518 DM 2.

B. Assistant Secretaries. All Assistant Secretaries will direct bureaus and offices under their jurisdiction to ensure compliance with all Federal, State, interstate and local waste management requirements.

C. Assistant Secretary - Policy, Management and Budget. The Assistant Secretary - Policy, Management and Budget, through the Office of Environmental Policy and Compliance, is responsible for oversight of Departmental compliance with 518 DM 2.

D. Office of Environmental Policy and Compliance. The Office of Environmental Policy and Compliance is responsible for assisting in providing and coordinating policy guidance and instructions to implement 518 DM 2 and to comply with waste management requirements.

E. Heads of Departmental Bureaus and Offices. Heads of bureaus and offices having responsibility for waste management under their jurisdiction, will develop guidance and instructions to implement 518 DM 2 and will comply with all Federal, State, interstate and local waste management requirements where applicable. In addition, within their scope of authority, adequate program support is to be ensured in terms of resources and budget.

06/30/94 #3012

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