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U.S. Geological Survey Manual

515.2 - Environmental and Disposal Liability Policy and Responsibilities

12/23/13

OPR:  Office of Administration and Enterprise Information

Instruction: New chapter.

1.  Purpose.  To establish the U.S. Geological Survey (USGS) Environmental and Disposal Liability (EDL) Program and to define program policies, requirements, and responsibilities.

2.  Scope.  The USGS EDL Program applies to all activities and operations of the USGS as well as its employees, volunteers, contractors, scientist emeritus, and visitors.  The Office of Management Services (OMS) provides bureauwide environmental guidance, program oversight, and policy direction.  The OMS also establishes bureauwide environmental management goals and provides guidance to facilitate field implementation of Departmental and Bureau initiatives through an effective EDL assessment process.

A.  Organizational Policy and Program Administration

(1)  Develop organizational policy, plans, guidelines, and rules relating to the USGS EDL Program. 

(2)  Interpret environmental policy and procedures, including accountability of management and other personnel. 

(3)  Establish councils, committees, and work groups to address EDL issues. 

(4)  Designate appropriate resources for effective implementation of the USGS EDL Program.

B.  Standards.  Ensure personnel awareness of and accessibility to applicable policy, documents, codes, regulations, and program standards.

C.  EDL Program Assessment and Program Planning.  

(1)  Perform annual reviews of program elements, including personnel training and financial resources, to ensure facilities are in compliance with Federal, State, and local environmental regulations. 

(2)  Provide management with information on program effort and effectiveness and to establish short- and long-term goals for program enhancement and implementation.

D.  Internal Control Reviews.  Conduct EDL internal control reviews (ICRs) to ensure conformance with Departmental and Bureau requirements, in addition to those of other governing bodies as listed in Section 3, Authorities and References.

E.  Training.  Identify, develop, coordinate, schedule, and provide required training for target audiences and provide professional development of personnel.

F.  Promotion and Awareness.  Ensure compliance with standards and regulations and promote awards and recognition programs.

3.  Authorities and References.

A.  United States Code (U.S.C.), Title 42, “The Public Health and Welfare,” Chapter 103, Comprehensive Environmental Response, Compensation, and Liability Act.
http://frwebgate.access.gpo.gov/cgi-bin/usc.cgi?ACTION=BROWSE&TITLE=42USCC103&PDFS=YES

B.  Code of Federal Regulations (CFR), Title 40, Part 300, “National Oil and Hazardous Substances Pollution Contingency Plan.
http://www.access.gpo.gov/nara/cfr/waisidx_07/40cfr300_07.html

C.  Government Management Reform Act of 1994 (Public Law 103-356).
http://www.gpo.gov/fdsys/pkg/BILLS-103s2170enr/pdf/BILLS-103s2170enr.pdf

D.  Chief Financial Officers Act of 1990 (Public Law 101-576).
http://www.gao.gov/special.pubs/af12194.pdf

E.  Office of Management and Budget Circular A-123 - Management's Responsibility for Internal Control, issued by the Office of Management and Budget, revised December 21, 2004.
http://www.whitehouse.gov/omb/circulars_a123_rev

F.  Office of Management and Budget Circular A-136, Financial Reporting Requirements.
http://www.whitehouse.gov//sites/default/files/omb/assets/agencyinformation_circulars_federalfinancial_pdf/a136_revised_2008.pdf

G.  Recognition and Measurement of Asbestos-Related Cleanup Costs, Federal Accounting Standards Advisory Board Technical Bulletin 2006-1,issued September 28, 2006.
http://www.fasab.gov/pdffiles/techbulletin_2006.pdf

H.  Deferral of the Effective Date of Technical Bulletin 2006-1, Recognition and Measurement of Asbestos-Related Cleanup Costs, Federal Accounting Standards Advisory Board Technical Bulletin 2009-1, issued September 22, 2009.
http://www.fasab.gov/pdffiles/tb_2009_01.pdf

I.  Extended Deferral of the Effective Date of Technical Bulletin 2006-1, Federal Accounting Standards Advisory Board Technical Bulletin 2011-2, issued September 22, 2011.
http://www.fasab.gov/pdffiles/handbook_tech_bulletin_2011_2.pdf

J.  Determining Probable and Reasonably Estimable for Environmental Liabilities in the Federal Government, Federal Financial Accounting and Auditing Technical Release Number 2, as amended, issued by the Accounting and Auditing Policy Committee.
http://www.fasab.gov/pdffiles/aapctr2.pdf

K.  Implementation Guidance on Asbestos Cleanup Costs Associated with Facilities and Installed Equipment, Federal Financial Accounting and Auditing Technical Release Number 10, issued June 2, 2010.
http://www.fasab.gov/pdffiles/asbestos_cleanup_tr10.pdf

L.  Implementation Guidance on Cleanup Costs Associated with Equipment, Federal Financial Accounting and Auditing Technical Release Number11, issued June 2, 2010.
http://www.fasab.gov/pdffiles/equipmentcleanup_tr11.pdf

M.  Implementation Guidance on the Accounting for the Disposal of
General Property, Plant & Equipment, Federal Financial Accounting and Auditing Technical Release Number14,issued October, 6, 2011.
http://www.fasab.gov/pdffiles/original_aapc_tr_14.pdf

N.  Statement of Federal Financial Accounting Standards Number 5; Accounting for Liabilities of the Federal Government, as amended; issued by the Federal Accounting Standards and Advisory Board (FASAB).
http://www.fasab.gov/pdffiles/sffas-5.pdf

O.  Statement of Federal Financial Accounting Standards Number 6; Accounting for Property, Plant, and Equipment, as amended; issued by FASAB.
http://www.fasab.gov/pdffiles/sffas-6.pdf

P.  Updating Schedule of Sites with Potential Environmental Liability Memorandum; February 27, 2004; Department of the Interior, Assistant Secretary – Policy, Management, and Budget (AS–PMB).
http://www.doi.gov/pmb/oepc/eclm/upload/EDL_EDB_June-2005.pdf

Q.  Updating Database of Sites with Potential Environmental Liability, Assistant Secretary –
Policy, Management and Budget (AS--PMB), dated June 20, 2005.
http://www.doi.gov/pmb/oepc/eclm/upload/EDL_EDB_June-2005.pdf

R.  Environmental and Disposal Liabilities and Implementation of the Environmental Database System Memorandum; July 3, 2006; Department of the Interior, AS–PMB.
http://www.doi.gov/pmb/oepc/eclm/upload/EDB-Implementation-July-2006.pdf

S.  Environmental and Disposal Liabilities Identification, Documentation and Reporting Handbook (v.3.0) (EDL Handbook), issued 2011 by the U.S. Department of Interior.
http://www.doi.gov/pmb/oepc/upload/EDLHandbook.pdf

T.  Environmental Cleanup Liabilities and Materials Used in Facility Construction,
Director, Office of Financial Management (PFM) and Director, Office of Environmental
Policy and Compliance, dated October 1, 2003.
http://www.doi.gov/pmb/oepc/eclm/upload/EDL_materials_facilities_construction_October-2003.pdf

U.  Changes to Environmental and Disposal Liability (EDL) Module, Director, Office of
Financial Management and Director, Office of Environmental Policy and
Compliance, dated August 9, 2010.

V.  Inflation Factors for Environmental and Disposal Liabilities, Director, Office of
Financial Management and Director, Office of Environmental Policy and
Compliance, issued annually.

W.  Statement of Principles for Collaborative Decision Making for Cleanup of Formerly
Used Defense Sites on Federal Lands, Director, Office of Environmental Policy and
Compliance, Environmental Compliance Memorandum (ECM) 07-2, dated May 1, 2007.
http://www.doi.gov/pmb/oepc/upload/ECM07-2-Statement-of-Principles-for-Collaborative-Decision-Making-for-Cleanup-of-Formerly-Used-Defense-Sites-on-Federal-Lands.pdf

X.  Statement of Principles for Collaborative Decision Making at Mixed Ownerships Sites,
Director, Office of Environmental Policy and Compliance, Environmental Compliance
Memorandum (ECM) 07-3, dated October 23, 2007.
http://www.doi.gov/pmb/oepc/eclm/upload/ECM07-3-Statement-of-Principles-for-Collaborative-Decision-Making-at-Mixed-Ownership-Sites.pdf

Y.  Policy and Procedures for Prioritization of Environmental and Disposal Liability (EDL)
Sites, Director, Office of Environmental Policy and Compliance, Environmental
Compliance Memorandum (ECM) 07-4, dated December 21, 2007.
http://www.doi.gov/pmb/oepc/eclm/upload/ECM07-4-Policy-and-Procedures-for-Prioritization-of-EDL-Sites.pdf

Z.  Pre-Acquisition Environmental Assessment Guidance for Federal Land Transactions (Final),
Director, Office of Environmental Policy and Compliance, Environmental Compliance
Memorandum (ECM) 10-2, dated June, 16, 2010.
http://www.doi.gov/pmb/oepc/upload/ECM-10-2-Pre-Acquisition-EA-Guidance-for-Federal-Land.pdf

AA.  U.S. Geological Survey Property Management Handbook, 408-2-H, Acquisition: Chapter 2, and Disposal: Chapter4: December 1991.
http://www.usgs.gov/usgs-manual/handbook/hb/408-2-h.html

4.  Policy.  This chapter sets forth the policy for administering the USGS EDL Program.  It is the policy of the USGS to:

A.  Comply with all applicable Federal and State environmental remediation laws and regulations as well as Departmental EDL requirements.

B.  Implement and maintain the EDL Program as the primary management approach for USGS operations and activities relating to environmental remediation.

C.  Adopt, implement, and maintain sustainable and best management practices for environmental remediation, restoration, and environmental project management-related activities.

D.  Establish and maintain resources to advise management in the development, implementation, and maintenance of an effective EDL Program.

E.  Provide personnel with the supervision, knowledge, and skills necessary to perform their assigned tasks.

F.  Require personnel and supervisors involved in the EDL process to identify and correct findings resulting from the ICRs and to know and follow all applicable Departmental and Bureau requirements.

G.  Apply using applicable program and remediation requirements and adopted best management practices.

H.  Incorporate and enforce appropriate environmental protection and remediation performance clause(s) in contracts with concessionaires and contractors.

I.  Ensure that no personnel are subjected to restraint, interference, coercion, discrimination, or reprisal for filing a report of an alleged non-conformance situation, or otherwise participating in the program.

5.  Definition.  The Department of Interior, Environmental and Disposal Liabilities Identification, Documentation and Reporting Handbook v.3.0, defines the following terms that apply to EDL.

A.  Environmental and Disposal Liability (EDL) as an anticipated future outflow or other sacrifice of resources (e.g., costs) where, based on the results of due care, further study or cleanup is warranted due to past or current operations that have environmental closure requirements on contaminated Departmental lands. 

B.  Contamination includes releases of hazardous substances or petroleum that may pose a threat to human health or the environment.

6.  Responsibilities.  The USGS EDL Program responsibility is shared by the following levels of management and personnel.
A.  Director.  Ensures the establishment and implementation of a comprehensive EDL Program.  Holds managers and supervisors accountable for fulfilling the requirements of the USGS EDL Program.

B.  Associate Director for Administration and Enterprise Information.  Serves as the Bureau Senior Sustainability Officer and exercises delegated authority from the Director of the USGS for the overall direction of the USGS EDL Program.

C.  Office of Management Services.

(1)  Advises and supports the Associate Director for Administration and Enterprise Information through implementation of Bureau EDL policies, procedures, and guidelines.

(2)  Serves as the EDL Program lead in providing technical support, assistance, and guidance to personnel on Bureau EDL sites.

(3)  Provides oversight, review, and approval of EDL Program activities.  

(4)  Develops and maintains applicable or relevant and appropriate requirements, procedures, and guidelines relating to the EDL Program.

(5)  Tracks and reports EDL Program activities and information, as required and/or needed, on a routine basis.

(6)  Supports the Office of Internal Control and Reporting with EDL ICRs, through coordination with Science Center Directors or other delegated Science Center personnel, to ensure conformance with Departmental and Bureau requirements.

D.  The Office of Internal Control and Reporting.

(1)  Reviews the financial liability associated with EDL sites listed in the EDL database. 

(2)  Ensures, through review, that financial records and statements of the USGS reflect liabilities associated with the Bureau EDL Program. 

(3)  Reviews the USGS Environmental Program as part of the OMB Circular A-123, Appendix A, internal audit process.

(4)  Conducts, in coordination with OMS, the EDL ICRs.

(5)  Supports the OMS in providing information reports and data calls, as appropriate.

E.  Regional Directors and Associate Directors.

(1)  Provide executive oversight of national and area capability facilities under their purview and work with the OMS to ensure compliance with 40 CFR, DOI, Federal, State, and local requirements, Chapter 2, USGS Environmental Compliance and Protection Handbook (515-1-H), and the DOI EDL Handbook, as applicable.

(2)  Allocate appropriate resources to effectively implement the EDL Program.

(3)  Ensure all applicable EDL reports and materials are submitted to the OMS.

F.  Science Center Directors.

(1)  Implement EDL Program requirements within their areas of responsibility.

(2)  Appoint appropriate resources to support personnel in EDL Program implementation.

(3)  Ensure compliance with applicable Bureau requirements, as described in Chapter 2, USGS Environmental Compliance and Protection Handbook (515-1-H), the USGS EDL Process Document, and the DOI EDL Handbook.

(4)  Provide or arrange for appropriate employee EDL training and education, as appropriate.

(5)  Fully participate in EDL ICRsInvestigate all EDL ICR findings, including taking appropriate corrective action to preclude recurrence of similar incidents.

(6)  Provide for employee participation in the USGS EDL Program without fear of restraint, interference, coercion, discrimination, or reprisal.

(7)  Coordinate with OMS personnel for ICRs, when appropriate.

(8)  Delegate, as appropriate, personnel to assist with the EDL Program, including during EDL ICR activities.

G.  Environmental Program Coordinators.

(1)  Participate in all aspects of the USGS EDL Program, including training, ICRs, data calls, OMS activities, and collateral duty environmental officer activities, as appropriate.

(2)  Exercise rights and responsibilities as granted by the USGS EDL Program without fear of restraint, interference, coercion, discrimination, or reprisal for reporting instances of non-compliance or, otherwise, participating in the Program.

(3)  Actively participate in EDL ICRs, when applicable and appropriate.

(4)  Maintain applicable, or relevant and appropriate training and/or certifications.



/s/ Diane K. Wade                                                                              December 23, 2013
________________________________                                            ________________
Diane K. Wade                                                                                               Date
Associate Director for Administration and Enterprise Information



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