TREASURY DIRECTIVE: 75-09
DATE: July 01, 2008
SUBJECT: Environmental Management and Sustainability Program
1. PURPOSE. This Directive provides policies and assigns responsibilities for establishing and maintaining comprehensive environmental programs within the Department.
2. SCOPE. This Directive applies to all Bureaus, the Departmental Offices (DO), the Office of the Inspector General (IG), and the Inspector General for Tax Administration (TIGTA). Bureaus located in space provided through the General Services Administration (GSA) will partner with GSA to ensure Treasury compliance with applicable environmental requirements.
The authority of
the Inspectors General is set forth in Section 3 of the Inspector General Act
and the Internal Revenue Service Restructuring and Reform Act, and defined in
Treasury Order 114-01 (OIG) and Treasury Order 115-01 (TIGTA), or successor orders.
The provisions of this Directive shall not be construed to interfere with that authority.
3. POLICY.
a. It is the policy of the Department of the Treasury (Treasury) to conduct business in a manner that protects human health and the environment, meets and exceeds the requirements of all applicable environmental laws, regulations, and Executive Orders, is sustainable, economically and fiscally sound, and ensures continuous improvement. Environmental considerations and accountability will be fundamental and integral components of policies, operations, planning, and management processes across all Treasury missions, activities, and functions. Treasury will employ sustainable environmental practices and implement life-cycle cost-effective and efficient programs for:
1) the preferred acquisition of goods and services;
2) reducing or eliminating the quantity of toxic and hazardous chemicals and materials acquired, generated, used, or disposed;
3) complying with the Guiding Principles for Federal Leadership in High Performance and Sustainable Buildings for new construction and major renovation, as well as for building operations and maintenance in new and existing buildings;
4) managing the Department’s electronic assets in an environmentally sound and energy efficient manner throughout their life cycle, including through participation in the Federal Electronics Challenge (FEC); and
5) increasing the diversion of solid waste as appropriate, and maintaining cost-effective waste prevention and recycling programs in Treasury facilities.
b. Treasury shall implement environmental management systems (EMS) or compliance management plans (CMP), as applicable, at all appropriate organizational levels to ensure the use of EMS or CMP as the primary management approach for addressing environmental compliance and the environmental aspects of Treasury’s operations and activities, including the environmental aspects of energy and transportation functions.
4. RESPONSIBILITIES.
a. The Assistant Secretary for Management and Chief Financial Officer, as the Senior Agency Official (SAO) establishes the overall policy and guidelines to implement environmental programs within the Department, as well as oversees the Treasury Environmental Management and Sustainability Program, and is specifically responsible for:
1) monitoring Treasury’s activities to implement environmental programs and report progress to the Secretary of Treasury, and to the Chairman of the Council on Environmental Quality (CEQ), Federal Environmental Executive (FEE), Director of the Office of Management and Budget (OMB), Administrator of the U.S. Environmental Agency (EPA); and, other applicable entities; and
2) establishing a cross-functional, Department-wide Treasury Environmental Council (TEC) with appropriate representatives necessary to expeditiously meet the goals and requirements of the environmental programs, including in collaboration with other agencies.
b. The Heads of Bureaus, Inspector General, and the Inspector General for Tax Administration (hereinafter referred to collectively as “Bureaus”), as it relates to their respective Bureaus, are responsible for:
1) designating an appropriately qualified senior official to serve as Senior Environmental Official (SEO) with responsibility for implementing environmental programs including, but not limited to, development of Bureau plans in support of the Government-wide Strategic Plan, and notifying the Assistant Secretary for Management and Chief Financial Officer of the designation, in writing, no later than 60 days after the date of this Directive. The SEO shall report to the Bureau Director;
2) ensuring that environmental programs that address the goals of this Directive are developed and routinely evaluated, and that there are procedures in place for identifying and correcting program issues;
3) ensuring that measures for successful implementation of environmental programs are included in performance standards and performance evaluations of senior Bureau officials and other personnel, as appropriate;
4) requesting sufficient funds in Bureau budgets to ensure compliance with all applicable environmental laws, regulations, and Executive Orders;
5) implementing an environmental management
system (
a) ensuring its use as the primary management/compliance approach for addressing the environmental impacts of internal Bureau operations and activities, including the environmental aspects of energy and transportation functions;
b) establishing Bureau objectives and targets to ensure successful implementation of environmental programs;
c) collecting, analyzing, and reporting on information necessary to measure Bureau performance in implementing environmental programs;
d) conducting regulatory environmental compliance audits at least every 3 years from the date of the initial or previous audit (internal self-assessments are encouraged to monitor progress between full audits);
e) ensuring compliance with the Treasury Affirmative Procurement Program (APP);
f) setting goals for the increased procurement of products with recovered material, biobased content, and other environmentally preferable products and services;
g) implementing cost-effective electronics stewardship programs, including by registering as a Facility Partner in the Federal Electronics Challenge (FEC) and designating an FEC Coordinator no later than 30 days after the date of this Directive. Provide the name and contact information for the Coordinator to the Director, Environment, Safety, and Health Division within this timeframe;
h) developing goals and a written plan at all appropriate organizational levels, to reduce the acquisition, use, generation, storage, and disposal of toxic and hazardous chemicals, including ozone-depleting substances. Submission of plans to OFEE and any required updates or reports shall be coordinated with the Departmental Office’s Director of Environment, Safety, and Health Division;
i) ensuring compliance with sections 301 through 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA) and section 6607 of the Pollution Prevention Act;
j) providing to the Assistant Secretary for Management and Chief Financial Officer a copy of each notice of violation (NOV), compliance agreement, administrative order, consent order or equivalent document (regarding environmental pollution at a facility) issued by a Federal, State or local regulatory enforcement organization and plans for addressing each, within 30 days of receipt of the document;
k) implementing cost-effective waste prevention and recycling programs of reusable materials at Bureau facilities and ensuring compliance with all applicable Federal, State and local recycling laws and regulations. This includes leased facilities and facilities managed by GSA. Treasury facilities shall work with GSA to ensure that there is a recycling program that meets Treasury’s needs. Cooperative programs with other Federal facilities, State or local agencies, or non-profit organizations may be included for compliance with this requirement;
l) designating a Recycling Coordinator for each Bureau facility that has a recycling program. Provide the name of and contact information for the Recycling Coordinator to the Director of the Real Estate and Facilities Management Division no later than 30 days after the date of this Directive;
m) establishing a Bureau goal for solid waste prevention and a goal for recycling or a goal for solid waste diversion to be achieved by 2010. (Note: EPA previously established a national recycling goal of 35 percent by 2005; Bureau goals should at least meet the national goal.). Facilities establishing a goal for the first time shall use FY 2008 as the baseline year;
n) developing a program for the retention and management of the proceeds from the sale of materials recovered through waste prevention and recycling;
o) integrating Affirmative Procurement and Waste Reduction goals into annual performance plans under the Government Performance and Results Act;
p) identifying specific training needs, including refresher training, and develop a training and awareness program;
q) developing an internal Bureau-wide environmental awards program; and
r) developing any internal Bureau-specific procedures necessary to carry out the requirements of this Directive within 180 days of the date of issuance, unless otherwise specified.
c. The Director of the Environment, Safety, and Health Division, (ESHD) at the Departmental Offices, under the general guidance of the Deputy Assistant Secretary for Departmental Offices Operations, is responsible for:
1) providing program support to the Assistant Secretary for Management and Chief Financial Officer in implementing the environmental management and sustainability provisions of this Directive and other applicable environmental laws, regulations, and Executive Orders;
2) conducting oversight activities to ensure that an effective Environmental Management and Sustainability Program is implemented throughout the Department;
3) assisting in resolving environmental management and sustainability-related problems associated with Departmental actions, activities or programs;
4) assisting in developing, identifying, or providing training in environmental management and sustainable environmental practices;
5) assisting the Chief Information Officer in developing and implementing the Department of the Treasury’s Electronics Stewardship and Implementation Plan (Plan). Serve as Treasury’s Department-level point of contact for the FEC, coordinate Bureau participation in the FEC, and maintain and submit a consolidated list of Bureau Facility Partners to EPA;
6) developing and administering a Department-wide awards program to reward Treasury’s most innovative environmental management and sustainability programs and individuals demonstrating outstanding environmental leadership. Promote participation in the White House Closing the Circle Awards program;
7) coordinating the annual submission of required environmental management and sustainability reports to CEQ, OFEE, OMB, EPA, and other applicable entities;
8) coordinating the semi-annual submission of the Environmental Stewardship Scorecard report to OFEE and OMB;
9) serving as the technical and management member of the Treasury Environmental Council and its sub-groups; and
10) representing the Treasury on the various committees and work groups established to support the Federal Environmental Executive.
d. The Senior Procurement Executive is responsible for:
1) developing the Affirmative Procurement Program (APP) with input from senior Bureau procurement representatives and the Director, Environment, Safety, and Health Division, and evaluating its performance;
2) ensuring that the APP gives procurement and acquisition preference to the maximum extent possible to:
a) the highest level recycled content products designated in EPA’s Comprehensive Procurement Guidelines (http://www.epa.gov/cpg);
b) Energy Star® products identified by the Department of Energy (DOE) and EPA, as well as DOE Federal Energy Management Program (FEMP)-designated energy efficient products, and energy-efficient standby power devices;
c) water-efficient products, including those meeting EPA’s WaterSense standards (http://www.epa.gov/WaterSense/index.htm);
d) energy from renewable resources;
e) biobased products designated by the U.S. Department of Agriculture in its BioPreferred program (http://www.biopreferred.gov/DesignationItems.aspx);
f) environmentally preferable products (EPP) and services, using EPA’s Guidance on the Acquisition of Environmentally Preferable Products and Services, available at http://www.epa.gov/epp/pubs/guidance/guidancepage.htm;
g) Electronic Product Environmental Assessment Tool (EPEAT)-registered products (http://www.epeat.net). In coordination with the CIO, ensure that Treasury acquires at least 95 percent of its electronic products with an EPEAT-registered product, where the standard exists for a product. Where available and life cycle cost effective, Treasury will strive to purchase EPEAT Silver rated electronics products or higher;
h) alternative fuel vehicles and alternative fuels required by the Energy Policy Act of 2005;
i) products with low or no toxic or hazardous constituents; and
j) non-ozone depleting substances, as identified in EPA’s Significant New Alternatives Program (SNAP) (http://www.epa.gov/Ozone/snap/index.html).
3) determining
the feasibility of implementing centralized procurement and distribution
programs for toxic or hazardous materials;
4) ensuring
compliance with the policies and procedures for toxic chemical release
reporting and community right-to-know and pollution prevention requirements in
accordance with FAR sections 23.9 and 23.10;
5) reviewing
any standardized documents and identifying opportunities to eliminate or reduce
the use of toxic or hazardous chemicals or materials;
6) ensuring compliance with FAR section 23.8 for the acquisition of items that contain, use or are manufactured with ozone depleting substances;
7) developing procedures for identifying and correcting program compliance weaknesses through management reviews, internal control reviews, and other appropriate means;
8) ensuring that contracts entered into after
January 24, 2007, for contractor operation of Treasury-owned facilities or
vehicles require the contractor to comply with the provisions of applicable
Executive Orders;
9) ensuring that for agreements, permits, leases, licenses, or other legally-binding obligations between Treasury and a tenant or concessionaire entered into after January 24, 2007, the tenant or concessionaire take actions relating to matters within the scope of the contract that facilitate Treasury’s compliance with applicable Executive Orders;
10) identifying training needs and developing or providing access to training programs to ensure that Bureau procurement and acquisition program managers, and purchase card coordinators, as well as purchase cardholders, are aware of the goals of this Directive;
11) ensuring that the minimum content standards are followed when purchasing printing and writing papers, including office paper products, or support services that include the supply of written documents:
a) 30 percent postconsumer fiber;
b) 20 percent postconsumer fiber, only where papers containing 30 percent postconsumer fiber are not reasonably available, do not meet reasonable performance requirements, or are only available at an unreasonable price;
12) providing a technical representative to serve on the Treasury Environmental Council and on the various committees and work groups, as appropriate, to support implementation of this Directive; and
13) coordinating Bureau responses to the annual Report on Implementation of the Resource Conservation and Recovery Act, Section 6002, the Farm Security and Rural Investment Act, Section 9002, and Other Environmental Purchasing Requirements, or otherwise-named report serving the same purpose.
e. The Chief Information Officer (OCIO), in consultation with the ESHD Director, has oversight responsibilities for the management of Treasury’s Electronics Stewardship Program and Implementation Plan (Plan), and is responsible for:
1) developing and implementing the Plan in coordination with the Director, ESHD, and evaluating its performance;
2) developing procedures for identifying and correcting program compliance weaknesses through management reviews and internal control reviews;
3) in coordination with the Senior Procurement Executive, ensuring that Treasury acquires at least 95 percent of its electronic products with an Electronic Product Environmental Assessment Tool (EPEAT)-registered product, where the standard exists for a product. Where available and life cycle cost effective, Treasury will strive to purchase EPEAT Silver rated electronics products or higher;
4) striving to extend the lifetime of Treasury-owned and -leased equipment to four (4) or more years to the fullest extent practicable;
5) identifying and ensuring that Energy Star® features are enabled on 100 percent of eligible Treasury-owned and -leased computers and monitors. The term “eligible” refers to electronic equipment that is not exempt from this requirement due to security, emergency support or other sensitive/mission critical considerations;
6) ensuring that 100 percent of non-useable Treasury-leased (including those provided under SEAT Management) electronic products are reused, donated, sold, or recycled using environmentally sound management practices at their end-of-life;
7) providing a technical representative to serve on the Treasury Environmental Council and on the Federal Electronics Stewardship Working Group (FESWG) established to support electronic stewardship goals;
8) identifying training needs and developing or providing access to training programs to ensure that Bureau IT managers, cyber security managers, and other relevant personnel are aware of the goals of this Directive, as well as of applicable environmental and energy laws, regulations, and Executive Orders; and
9) providing a consolidated progress report to the Director, ESHD, on the electronics stewardship metric of the Environmental Stewardship Scorecard twice annually and developing planned actions for the six-month period immediately following each assessment. Ensure that the planned actions are completed in a timely manner.
f. The Director, Real Estate and Facilities Management Division (REFM) for the Departmental Offices, and Bureau Facility Managers have oversight responsibilities for the management and direction of the waste prevention and recycling programs, and are responsible for:
1) developing the program and evaluate its performance;
2) developing procedures for:
a) identifying and correcting program compliance weaknesses through management reviews and internal control reviews;
b) ensuring that 100 percent of non-useable Treasury-owned electronic products are reused, donated, sold, or recycled using environmentally sound management practices at their end-of-life, consistent with Federal Management Regulations;
c) increasing the diversion of solid waste, as appropriate;
d) implementing and maintaining cost-effective waste prevention and recycling programs in all Treasury facilities. Preference shall be given to reducing materials used, to reusing materials, and, finally, to recycling materials to the maximum extent practicable, considering cost, cost avoidance, return on investment, and availability of markets;
e) retaining and using recycling revenue in accordance with and to the extent permitted by Public Law 103-329, section 608, and applicable Executive Orders; and
f) establishing and achieving the solid waste prevention and recycling or solid waste diversion goals referenced in part 4, section c, paragraph (14) of this Directive, and ensuring continual improvement on an annual basis thereafter.
3) providing a technical representative to serve on the Treasury Environmental Council and on the various committees and work groups, as appropriate, to support the goals of this Directive; and
4) responding to the annual data call for Reporting on Implementation of the Resource Conservation and Recovery Act, Section 6002, the Farm Security and Rural Investment Act, Section 9000, and Other Environmental Purchasing Requirements, or otherwise-named report serving the same purpose.
g. The Director, Office of Asset Management (OAM), has joint oversight responsibilities for the management of Treasury’s Sustainable Buildings Program and Implementation Plan (Plan) with the Director, Environment, Safety, and Health Division (ESHD), and is responsible for:
1) developing and implementing the Plan in coordination with the Director, ESHD, and evaluating its performance;
2) incorporating appropriate aspects of the Plan into the Treasury Asset Management Plan;
3) developing procedures for identifying and correcting program compliance weaknesses through management reviews and internal control reviews;
4) ensuring that new construction and major
renovation of Bureau buildings comply with the Guiding Principles for High
Performance and
5) by the end of fiscal year 2015, ensuring that 15 percent of Treasury’s existing Federal capital asset building inventory incorporates the sustainable practices in the Guiding Principles;
6) ensuring that all business cases for new building construction or major renovations, developed per OMB A-11, Part 7, Section 300, incorporate the Guiding Principles to the greatest extent practicable;
7) ensuring that a preference for buildings that meet the goals of the Guiding Principles is included in the selection criteria for acquiring leased buildings; renegotiated or extension of existing leases; and in build-to-suit leases. Where applicable, partner with GSA to ensure that Treasury’s sustainability needs are met;
8) amending Treasury personal property management policies and procedures to preclude the disposal of ozone-depleting substances removed or reclaimed from Treasury facilities or equipment, including disposal as part of a contract, trade, or donation, without prior coordination with the Department of Defense;
10) reporting progress on the Sustainable Design/High Performance Buildings metric of the Environmental Stewardship Scorecard twice annually (for the periods ending June 30 and December 31) and developing planned actions for the six-month period immediately following each assessment to the Director, ESHD.
h. The Supervisory Architect shall assist the Director, OAM, in implementing the Treasury Sustainable Buildings Program and Implementation Plan, and is responsible for:
1) developing procedures for identifying and correcting program compliance weaknesses through management reviews and internal control reviews;
2) establishing integrated design teams led by a manager appointed by the Supervisory Architect to plan major renovations and new building construction;
3) establishing a procedure to incorporate the Guiding Principles into designs, and specifications for new construction, build-to-suit leases, and major renovations and ultimately into existing building operation and maintenance;
4) providing a technical representative to serve on the Treasury Environmental Council and on the various committees and work groups, as appropriate, to support the goals of this Directive; and
5) reporting progress on the Sustainable Design/High Performance Buildings metric of the Environmental Stewardship Scorecard twice annually (for the periods ending June 30 and December 31) and developing planned actions for the six-month period immediately following each assessment to the Director, OAM.
5. DEFINITIONS. All definitions pertinent to this Directive may be found in Section 9 of Executive Order 13423 and Section XIII of the Order’s Implementing Instructions. Copies of the Order and Implementing Instructions are available on the Office of the Federal Environmental (OFEE) Executive Web site at http://www.ofee.gov.
6. REPORTING REQUIREMENTS.
a. Bureaus will respond to Treasury data calls to provide information needed for Department-level consolidated reports relative to the content of this Directive. A consolidated, annual report shall be submitted by the SEO of Bureau-wide waste reduction, recycling, and APP activities as requested by the Director, ESHD, and the Senior Procurement Executive. This report shall, include, but is not limited to:
1) information from Bureau recycling and affirmative procurement activities from the previous fiscal year in accordance with OMB and OFEE requirements;
2) a tracking of the Bureau's purchases of EPA-designated Comprehensive Procurement Guideline (CPG) items and a report of the Bureau's purchases of such items to the Senior Procurement Executive;
3) information about waste prevention and recycling projects and progress made toward the waste reduction and recycling goals;
4) information on standards and specifications; and
5) information on training, including for affirmative procurement.
b. The SEO shall:
1) submit semi-annual progress reports for the periods ending June 30 and December 31 on all elements of the Environmental Stewardship Scorecard and provide six-month planned action items on all elements for each of the reporting periods to the Director, ESHD; and
2) report to the Senior Procurement Executive and Directors, REFM and ESHD, the goals established to meet the Affirmative Procurement and waste prevention/solid waste diversion goals, respectively, within 90 days of the effective date of this Treasury Directive.
7. CANCELLATION. The following Treasury Directives are superseded:
a. Treasury Directive 75-08, Environmental Program, dated January 10, 2003
b. Treasury Directive 75-07, Department of the Treasury Waste Prevention, Recycling, and Acquisition, dated December 8, 1999.
c. Treasury Directive 75-06, Prevention, Control and Abatement of Environmental Pollution at Treasury Facilities, dated June 15, 1999.
8. AUTHORITIES.
a. Executive Order 13423, "Strengthening Federal Environmental, Energy, and Transportation Management," dated January 24, 2007, available at http://www.ofee.gov.
b. Instructions for Implementing Executive Order 13423, dated March 29, 2007, available at http://www.ofee.gov.
c. Energy
d. Farm Security and Rural Investment Act (“FSRIA”), Section 9002, (May 13, 2002), Pub.L. 107-171, 116 Stat. 476, available at http://www.biobased.oce.usda.gov/fb4p/files/TITLEIX.pdf.
e. The National Energy Conservation Policy Act (Public Law 95-619, 92 Stat.3206, 42 U.S.C. 8253(a)(1)), as amended by the Energy Policy Act of 2005 (EPACT) (Public Law 102-486, 106 Stat. 2776), Section 104, available at http://www.doi.gov/iepa/EnergyPolicyActof2005.pdf.
f. Solid Waste Disposal Act, Pub.L. 89-272, 79 Stat. 997, as amended by the Resource Conservation and Recovery Act ("RCRA"), Pub.L. 94-580, 90 Stat. 2795, as amended (42 U.S.C. 6901-6907), and Section 301 of Title 3, United States Code.
g. Pollution Prevention Act, 42 U.S.C. 13101 and 13102, s/s et seq. (1990),
available at http://www.epa.gov/oppt/p2home/pubs/p2policy/act1990.htm.
9. REFERENCES.
a. 40 CFR 247 "Comprehensive Procurement Guideline for Products Containing Recovered Materials."
b. Office of Federal Procurement Policy (OFPP), Policy Letter 92-4, "Procurement of Environmentally-Sound and Energy-Efficient Products and Services,” or superseding OFPP Policy Letter on this subject.
c. Federal Electronics Challenge, http://www.federalelectronicschallenge.net.
d. U.S. Department of Agriculture (USDA) BioPreferred(SM) Program, http://www.biopreferred.gov
e. Treasury Affirmative Procurement Plan, http://intranet.treas.gov/procurement/policy/.
f. Federal Acquisition Regulation, http://www.acqnet.gov/.
g. Federal Leadership in High Performance and Sustainable Buildings Memorandum of Understanding, available at http://www.ofee.gov.
h.
10. OFFICES OF PRIMARY INTEREST. The
Environment, Safety, and Health Division, Office of Deputy Secretary for
Departmental Offices Operations, Office of the Assistant Secretary for
Management and Chief Financial Officer, Office of the Procurement Executive, Office
of the Chief Information Officer, Office of Asset Management, and Real Estate and
Facilities Management Division.
/s/
Peter
B. McCarthy
Assistant
Secretary for Management
and
Chief Financial Officer