Institutional Controls

Many major Federal laws (e.g., Atomic Energy Act (AEA), Resource Conservation Recovery Act (RCRA), Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)), Executive Orders, regulations and various other drivers influence the use of institutional controls at DOE sites. Some drivers directly authorize or require the use of institutional controls, while others do not. DOE also uses institutional controls when no specific statutory requirement exists to supplement active remediation, pollution control, public and resource protection, and physical security, or to bolster the integrity of engineered remedies. DOE and its predecessor agencies have conducted activities for over 50 years, using land ownership and access control, environmental monitoring and surveillance, and other tools to support protection efforts at operational and inactive facilities, including radioactive waste burial grounds.

DOE sites commonly need and use institutional controls for programs and activities related to the following:

• radiation protection of workers, the public and the environment,
• radioactive waste management and disposal,
• environmental protection,
• environmental restoration and cleanup
• cultural resources management and historic preservation,
• operational continuity and security, and
• property or legacy management and stewardship.

Institutional controls should be integrated into the Environmental Management System (EMS) implementation framework to help protect the public and the environment in accordance with the requirements of DOE O 450.1, Environmental Protection Program.

DOE Directives

• DOE P 430.1, Land and Facility Use Planning
• DOE O 430.1B, Real Property Asset Management
• DOE P 454.1, Use of Institutional Controls
• DOE G 454.1-1, Institutional Controls Implementation Guide for Use with DOE P 454.1, Use of Institutional Controls
• DOE P 455.1, Use of Risk-Based End States

EH Guidance Documents

• Institutional Controls in RCRA & CERCLA Response Actions, (DOE/EH-413-0004)
• Cross-Cut Guidance on Environmental Requirements for DOE Real Property Transfers (DOE/EH-413/9712
• Federal Institutional Control Requirements for Radioactive Waste and Restricted Release of Property Containing Radioactive Material
• Overview of DOE Policy - Use of Institutional Controls
• Use of Institutional Controls in a CERCLA Baseline Risk Assessment
• The Long-Term Control of Property: Overview of Requirements in Orders DOE 5400.1 and DOE 5400.5 (EH-412-0014/1099)

Related Documents and References

• Deciding the Future: Balancing Risks, Costs, and Benefits Fairly Across Generations, A Report by the National Academy of Public Administration for the U.S. Department of Energy, June 1997.
• Office of Legacy Management

DOE Comments on Rulemakings

• U.S. Department of Energy (DOE) Comments on "Institutional Controls: A Reference Manual"
• Comments on Proposed Information Collection Activities; Institutional Controls Tracking Systems and Cost Survey (66 FR 50182-50183; October 2, 2001)

Contact

• Colleen Ostrowski, HS-21