DOE O 5400.1 Chg 1, General Environmental Protection Program
Functional areas: Defense Nuclear Facility Safety and Health Requirement, Environmental Quality & Impact
To establish environmental protection program requirements, authorities, and responsibilities for Department of Energy (DOE) Operations for assuring compliance with applicable Federal, State and local environmental protection laws and regulations, Executive Orders, and internal Department policies. Cancels DOE O 5480.1A. Para. 2b, 4b, and 4c of Chap. II and para. 2d and 3b of Chap. III canceled by DOE O 231.1.
Version history and related documents
Superseded by
A newer version replaces this document.
- DOE O 450.1Environmental Protection Program (Jan 15, 2003)
Related documents
Document text
Text extracted from the attached file. Refer to the original document for the authoritative version.
Section 1
11-9-88
SUBJECT: GENERAL ENVIRONMENTAL PROTECTION PROGRAM Chg 1: 6-29-90
1.
2.
3.
4.
PURPOSE. To establish environmental protection program requirements,
authorities, and responsibilities for Department of Energy (DOE)
operations for assuring compliance with applicable Federal, State and
local environmental protection laws and regulations, Executive orders,
and internal Department policies. The Order more specifically defines
environmental protection requirements that are generally established in
DOE 5480. 1B.
SUPERSESSION. DOE 5480.1A, ENVIRONMENTAL PROTECTION, SAFETY, AND HEALTH
PROTECTION PROGRAM FOR DOE OPERATIONS, of 8-13-81, Chapter XII,
Prevention, Control, and Abatement of Environmental Pollution.
SCOPE. The provisions of this Order apply to all Departmental elements
and contractors performing work for the Department as provided by law
and/or contract as implemented by the appropriate contracting officer.
REFERENCES.
d. DOE Orders.
(1)
(2)
(3)
(4)
(5)
Vertical line denotes change.
DOE 4300.1B, REAL PROPERTY AND SITE DEVELOPMENT PLANNING, of
7-1-87, which establishes requirements for preparing site
development plans for DOE facilities.
DOE 4700.1, PROJECT MANAGEMENT SYSTEM, of 3-6-87, which
establishes requirements and objectives, and assigns
responsibilities and authorities necessary for acquisition
of major systems.
DOE 5000.3A, OCCURRENCE REPORTING AND PROCESSING OF
OPERATIONS INFORMATION, of 5-30-90, which establishes a DOE
system for identification, categorization, notification,
analysis, reporting, followup, and closeout of occurrences.
DOE 5400.2A, ENVIRONMENTAL COMPLIANCE ISSUE COORDINATION, of
1-31-89, which sets forth policy, direction, and procedures
for coordinating environmental issues that are of
significance to DOE.
DOE Orders in the 5400 series dealing with radiation
protection of the public and the environment.
DISTRIBUTION: INITIATED BY:
All Departmental Elements Assistant Secretary for Environment,
Safety, and Health
2 DOE 5400.1 Chg 1
6-29-90
(6)
(7)
(8)
(9)
DOE 5440. 1C, NATIONAL ENVIRONMENTAL POLICY ACT, of 4-9-85,
which establishes DOE policy for implementation of the
National Environmental Policy Act of 1969.
DOE 5480.1B, ENVIRONMENT, SAFETY, AND HEALTH PROGRAM FOR
DEPARTMENT OF ENERGY OPERATIONS, of 9-23-86, which outlines
environmental protection, safety, and health protection
policies and responsibilities.
DOE 5482.1B, ENVIRONMENT, SAFETY AND HEALTH APPRAISAL
PROGRAM, of 9-23-86, which establishes the DOE environmental
protection, safety, and health protection appraisal program.
DOE 5484.1, ENVIRONMENTAL PROTECTION, SAFETY, AND HEALTH
PROTECTION INFORMATION REPORTING REQUIREMENTS, of 2-24-81,
which establishes the requirements and procedures for
reporting and investigating matters of environmental
protection, safety, and health protection significance to
DOE operations.
(10) DOE 5500. 1A, EMERGENCY MANAGEMENT SYSTEM, of 2-26-87, which
establishes overall policies and requirements for DOE
emergency preparedness and response programs.
(11) DOE 5700.6B, QUALITY ASSURANCE, of 9-23-86, which
establishes DOE’s quality assurance program.
(12) DOE 5820.2A, RADIOACTIVE WASTE MANAGEMENT of 9-26-88 which
festablishes policies and guidelines for the management o
radioactive waste and contaminated facilities
(13) DOE 6430.1A, GENERAL DESIGN CRITERIA, of 4-6-89, which
provides general design criteria for use in acquisition of
DOE facilities.
b. Legislation.
Section 2
(1) Title 42 U.S.C. 2011, et seq., The Atomic Energy Act of
1954, as amended, which authorizes the conduct of atomic
energy activities.
(2) Title 42 U.S.C. 7101, et seq., The Department of Energy
Organization Act, which establishes the statutory
responsibility to ensure incorporation of national
environmental protection goals in the formulation of energy
programs, and advance the goal of restoring, protection, and
enhancing environmental quality, and assuring public health
and safety.
Vertical line denotes change.
DOE 5400.1
11-9-88
(3)
3
(4)
(5)
(6)
(7)
(8)
(9)
Title 42, U.S.C. 4321, et seq., The National Environmental Policy
Act of 1969, as amended, which establishes broad national
environmental policy.
Title 42 U.S.C. 7401, et seq., The Clean Air Act, as amended,
which provides requirements to protect and enhance the quality of
the Nation’s air resources to promote the public health and
welfare.
Title 33 U.S.C. 1251, et seq., The federal Water Pollution Control
Act, as amended, which provides requirements to restore and
maintain the chemical physical, and biological integrity of the
Nation’s waters.
Title 42 U.S.C. 6901, et seq., Solid Waste Disposal Act of 1965,
as amended, which authorizes the U.S. Environmental Protection
Agency (EPA) to regulate hazardous and solid wastes.
Title 40 U.S.C. 9601, et seq., The Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as amended,
which requires the identification, characterization, and cleanup
of inactive hazardous waste sites by responsible parties; and,
imposes certain response and reporting requirements for operations
from which hazardous substances have been released.
Title 42 U.S.C. 300, et seq., The Safe Drinking Water Act, as
amended, which authorizes EPA to promulgate regulations under two
specific programs: the first protects the Nation’s public
drinking water supplies; the second protects subsurface waters.
Title 16 U.S.C. 1451, et seq., The Coastal Zone Management Act of
1972, as amended, which establishes and supports national coastal
zone management policies.
(10) Title 16 U.S.C. 1531, et seq., The Endangered Species Act of 1973,
as amended, which establishes a program for the conservation of
endangered species and their ecosystems.
(11) Title 16 U.S.C. 661, et seq., The Fish and Wildlife Coordination
Act, as amended, which authorizes the Secretary of the Interior to
provide assistance to and cooperate with public and private
organizations in the development and protection of the Nation’s
fish and wildlife.
4 DOE 5400.1
11-9-88
(12) Title 16 U.S.C. 470, et seq., “The National Historic Preservation
Act of 1966, as amended, which establishes the policy of the U.S.
Government to protect and Preserve historical structures, sites
and artifacts.
(13) Title 15 U.S.C. 2601, et seq., Toxic Substances Control Act, as
amended, which provides requirements to safely regulate the
manufacture, processing, distribution in commerce, use or disposal
of chemical substances and mixtures which may present an
unreasonable risk to either the public health or the environment.
(14) Title 42 U.S.C. 1996, et seq., The American Indian Religious
Freedom Act, as amended, which establishes a policy of the U.S.
Government to protect and preserve for American Indians their
inherent right of freedom of religion, including access to sites.
(15) Title 7 U.S.C. 136, et seq., The Federal Insecticide, Fungicide,
and Rodenticide Act, as amended, which authorizes EPA to
promulgate regulations governing the use and disposal of
pesticides.
Section 3
(16) Title 42 U.S.C. 4901, et seq., The Noise Control Act of 1972, as
amended, which establishes a means for coordination of Federal
noise control research, setting noise emission standards, and
providing information to the general public.
(17) Title 33 U.S.C. 1412, et seq., The Marine Protection, Research,
and Sanctuaries Act, as amended, which regulates the dumping of
materials into ocean waters.
(18) Title 16 U.S.C. 1273, et seq., The Wild and Scenic Rivers Act, as
amended, which establishes a national wild and scenic rivers
system to preserve and protect selected rivers of the Nation.
(19) Title 42 U.S.C. 10101, et. seq., The Nuclear Waste Policy Act of
1982, as amended, which provides for the development of
repositories for the disposal of high-level radioactive waste and
spent fuel, and to establish a program of research, development,
and demonstration regarding the disposal of high-level radioactive
waste and spent nuclear fuel.
DOE 5400.1
11-9-88
5
(20) Title 42 U.S.C. 2021, et. seq., The Low-Level Radioactive Waste
Policy Act, as amended, which establishes procedures for the
implementation of compacts providing for the establishment and
operation of regional disposal facilities for low-level
radioactive waste.
(21) Title 42 U.S.C. 7901, et. seq., The Uranium Mill Tailings
Radiation Control Act of 1978, as amended, which provides for a
remedial action program at selected inactive uranium mill tailings
sites.
(22) Title 42 U.S.C. 7158 Note, The Department of Defense Authorization
Act of 1985, which statutorily prescribes Executive order 12344.
c. Executive Orders.
(1)
(2)
(3)
(4)
Executive order 12088, “Federal Compliance with Pollution Control
Standards, ” of 10-13-78, which requires that all Federal
facilities and activities comply with applicable pollution control
standard’s.
Executive order 12344, “Naval Nuclear Propulsion Program,” of
2-1-82, which establishes an integrated Naval Nuclear Propulsion
Program to be carried out by two organizational units, one in the
U.S. Department of the Navy and one in the U.S. Department of
Energy.
Executive order 12580, “Superfund Implementation,” of 1-23-87,
which delegates to various federal officials the responsibilities
vested in the President for Implementing the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(CERCLA or Superfund) and the Superfund Amendments and
Reauthorization Act of 1986 (SARA). [The Order delegates most of
these responsibilities to the Administrator of the Environmental
Protection Agency (EPA), but several are delegated to the heads of
Federal agencies, including DOE.]
Office of Management and Budget (OMB) Circular No. A-106,
“Reporting Requirements in Connection with the Prevention,
Control, and Abatement of Environmental Pollution of Existing
Federal Facilities,” of 12-31-74.
d. Applicable State and Local Legislation and Regulations in Which DOE
Operations are Located.
6
e. Other.
DOE 5400.1
11-9-88
(1) DOE’S “Final Guidelines for Compliance with the National
Environmental Policy Act,” 52 FR 47662, of 12-15-87, and
subsequent amendments, which establish final guidelines for
implementing the procedural provisions of the National
Environmental Policy Act as required by the Council on
Environmental Quality regulations.
5. POLICY.
Section 4
a. It is DOE policy to conduct its operations in an environmentally safe
and sound manner. Protection of the environment and the public are
responsibilities of paramount importance and concern to DOE. All DOE
activities should recognize and reflect this concern and public trust.
To that end, DOE is firmly committed to ensuring incorporation of
national environmental protection goals in the formulation and
implementation of DOE programs. It has an equal commitment to advance
the goals of restoring and enhancing environmental quality, and ensuring
public health. Accordingly, it is DOE policy to conduct the
Department’s operations in compliance with the letter and spirit of
applicable environmental statutes, regulations, and standards. In
addition, DOE is committed to good environmental management of all its
programs and at all its facilities to correct existing environmental
problems, to minimize risks to the environment or public health, and to
anticipate and address potential environmental problems before they pose
a threat to the quality of the environment or the public welfare.
Finally, it is DOE’s policy that efforts to meet environmental
obligations be carried out consistently across all operations and among
all field organizations and programs.
b. While responsibility for good environmental management is a Departmental
one, environmental protection practices will, of necessity, be carried
out at the levels and locations where many DOE activities are performed
by its management and operating contractors. Thus, although the
Department will continue to indemnify its management and operating
contractors for fines, penalties, and other liabilities that are
incurred pursuant to their contracts and not the result of willful
misconduct or lack of good faith, it is DOE policy that contractors will
share the Department’s commitment to good environmental management. DOE
expects its management and operating contractors to conduct their
operations in an environmentally sound manner that limits the risks to
the environment and protects the public health. DOE will actively
oversee contractors’ activities to assure compliance with this policy.
DOE 5400.1
11-9-88
7
6. APPLICABILITY.
a. In recognition of the environmental significance of Departmental
activities authorized by the Atomic Energy Act (AEA), this Order
addresses and, of necessity, emphasizes requirements for radiation
protection. It also is written to reflect the DOE organizational
structure for operations that implement AEA activities. It is
understood and expected that other DOE elements, e.g., power marketing
administrations. will design and manage their environmental protection
programs in such a manner so as to be equivalent to requirements
contained in this Order and in compliance with applicable statutes and
regulations.
b. Environmental management activities of DOE are extensively, but not
entirely, regulated by EPA, State, and local environmental agencies.
Where these agencies clearly exercise environmental protection authority
through permitting and compliance administrative procedures applicable
to DOE, they establish and regulate required performance for
environmental protection. This Order and other DOE environmental
protection directives provide requirements for satisfying these
externally imposed regulations. Additionally, these directives
establish requirements for those environmental protection programs that
are not externally regulated, but require internal management consistent
with DOE Orders that provide specific, detailed requirements in selected
areas of environmental protection.
Section 5
c. Inasmuch as this directive for the most part serves to implement
legislatively mandated requirements it is expected that activities,
documentation, and special planning conducted to meet these legal
requirements will be used to the maximum extent to satisfy requirements
of this Order.
7. LEGISLATIVE AUTHORITY. The Department of Energy Organization Act of 1977
and the Atomic Energy Act of 1954, as amended, provide for, among other
things, the protection of the health and safety of the public and the
environment in the conduct of the Department’s programs.
8. DEFINITIONS.
a. DOE Operations, for the purposes of this Order, are those DOE managed,
directed, or funded activities for which the Department has
responsibility for Environment, Safety and Health (ES&H).
b. Effluent is any treated or untreated air emission or liquid discharge at
a DOE site or from a DOE facility.
8 DOE 5400.1
11-9-88
c.
d.
e.
f.
g.
h.
i.
Environmental Monitoring is the collection and analysis of samples or
direct measurements of environmental media. Environmental monitoring
consists of two major activities: effluent monitoring and environmental
surveillance.
Environmental Protection Standard s a specified set of rules or
conditions concerned with: delineation of procedures; definition of
terms; specification of performance, design, or operations; or
measurements that define the quantity of emissions, discharges, or
releases to the environment and the quality of the environment.
Effluent Monitoring is the collect on and analysis of samples, or
measurements of liquid and gaseous effluents for the purpose of
characterizing and quantifying contaminants, assessing radiation
exposures of members of the public, providing a means to control
effluents at or near the point of discharge, and demonstrating
compliance with applicable standards and permit requirements.
Environmental Surveillance is the collection and analysis of samples, or
direct measurements, of air, water, soil, foodstuff, biota, and other
media from DOE sites and their environs for the purpose of determining
compliance with applicable standards and permit requirements, assessing
radiation exposures of members of the public and assessing the effects,
if any, on the local environment.
Environmental Occurrence is any sudden or sustained deviation from a
regulated or planned performance at a DOE operation that has
environmental protection and compliance significance.
DOE Contractor includes any prime contractor or subcontractor subject to
the contractual provisions of 48 CFR Part 923.70, 48 CFR Part 970.23, or
other contractual provisions where DOE has elected to enforce ES&H
requirements by specific negotiated contract provisions.
Field Organization is the first line DOE field element that carries the
organizational responsibility for (1) managing and executing assigned
programs, (2) directing contractors who conduct the programs, and
(3) assuring that environment, safety and health are integral parts of
each program.
j. Program Senior Official (PSO) is a senior outlay program manager and
includes the Assistant Secretaries for Conservation and Renewable
Energy, Defense Programs, Fossil Energy, and Nuclear Energy, the
Director of Energy Research, and the Director of Civilian Radioactive
Waste Management. For purposes of this Order, this definition also
includes the Administrators of the Bonneville and Western Area Power
Administrations.
DOE 5400.1
11-9-88
9
Section 6
9. RESPONSIBILITIES AND AUTHORITIES. The following responsibilities and
authorities, as well as those contained in DOE 5480. 1B, are assigned.
a. The Deputy Secretary (S-2) has overall responsibility and authority for
DOE programs and may take necessary management actions to ensure safety,
including directing the curtailment and suspension of operations, when
in his or her opinion, such operation would result in undue risk.
b. The Assistant Secretary for Enviroment, Safety and Health (EH-1) shall:
(1)
(2)
(3)
(4)
(5)
(6)
Establish environmental protection policies, guidance,
requirements, and procedures for DOE operations.
Provide the central point for coordination among PSOs and field
organizations, and interact with other agencies and groups in:
(a) The development of internal DOE environmental protection
policy, guidance, and directives;
(b) The development of environmental protection regulations,
standards, and requirements by Federal and State regulatory
agencies; and
(c) The review and comment on proposed environmental legislation
and regulation that may affect DOE operations.
Conduct the environmental survey program and follow-on audits of
line organizations in accordance with DOE 5482 lB and other
environmental requirement.
Direct the DOE National Environmental Policy Act program, approve
and concur in Department Environmental Impact Statements and
other NEPA documents, and assure Departmental compliance with NEPA
in accordance with DOE 5440. 1C.
Develop environmental compliance policies, requirements, and
procedures for DOE operations including notification and reporting
of significant environmental occurrences.
Coordinate the timely review, resolution, and dissemination of
significant environmental compliance issues (which are to be
included in permit applications, settlement agreements, consent
decrees and Orders, and lawsuits) and related activities for the
Department with the Office of the General Counsel, affected PSOs
and field organizations, in accordance with DOE 5400.2.
10 DOE 5400.1
11-9-88
(7)
(8)
(9)
(10)
Develop and maintain systems for collection, retention, evaluation
and dissemination of information that characterizes DOE
environmental management and demonstrates compliance with
environmental protection laws and regulations.
Coordinate, prepare, and submit pollution abatement plans and
progress reports to the Environmental Protection Agency in
accordance with Executive order 12088 and OMB Circular A-106.
Review and concur in program and project direction guidance issued
by a PSO related to environmental protection matters that effect
more than one field organization or that have environmental policy
implications.
Curtail or suspend operations at DOE facilities, under the
conditions described below, when a clear and present danger exists
to workers or members of the public, as provided in DOE Order
5480. 1B. (Clear and present danger is a condition or hazard which
could reasonably be expected to cause death or serious harm to
plant workers or the public immediately or before such condition
or hazard can be eliminated through normal procedures.)
(a)
(b)
(c)
Whenever EH-1, in carring out his or her responsibilities,
determines that the environmental, safety, or health
conditions at any DOE facility present a clear and present
danger, EH-1 shall notify the Deputy Secretary that such a
determination has been made. In addition, notification shall
be provided to the PSO and the Head of the appropriate field
organization. Upon receiving such notification, the Head of
the Field Organization shall take immediate action to curtail
or suspend the operation and mitigate the danger.
Section 7
If appropriate action is not taken to curtail or suspend the
operation and mitigate the identified danger, EH-1 shall
advise the Secretary. In the event that the Secretary is
unavailable, EH-1 is authorized to direct the PSO or field
organization to suspend or curtail an operation which EH-1
has determined is posing, a clear and present danger until the
danger has been mitigated.
The authority reflected in subparagraph (11) may not be
redelegate or assumed by acting officials and will terminate
on 1-31-89, unless specifically renewed.
DOE 5400.1
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11
(11) Issue guidance in cooperation with PSOs to field organizations for
the preparation of long range environmental protection plans;
review those plans upon submission by field organizations;
coordinate the development of a DOE-wide long range environmental
protection plan.
c. Program Senior Officials (PSOS) shall:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
Provide clear and explicit delegations of authority and
responsibilities for implementing DOE environmental protection
programs.
Ensure that appropriate environmental requirements are included in
program plans.
Advise EH-1, in a timely manner, of significant programmatic
environmental issues requiring resolution.
Concur in significant environmental compliance issues, such as
compliance agreements and consent orders which may affect programs
or projects under his or her jurisdiction.
In consultation with EH-1 provide environmental protection
direction to field organizations consistent with Departmental
Orders and policies.
Provide oversight and, as appropriate, verify field organization
compliance with any environmental guidance provided by the PSO.
Assure that program budget proposals include provisions to comply
with environmental protection requirements that are consistent
with programs and projects Identified in the OMB Circular A-106
pollution plans and, as required by DOE 5480.1B, take appropriate
management actions to include adequate ES&H resources for assigned
functions in budget proposals that incorporate results of the ES&H
upgrade project ranking process.
Participate with, and support EH-1 in preparing and coordinating
Departmental comments on emerging environmental regulations and
policies of other agencies that may affect DOE operations.
participate in selected environmental appraisals, surveys, and
audits as described in DOE 5482.1B.
12 DOE 5400.1
11-9-88
(10) Direct Heads of Field Organizations to curtail or suspend
operations when any activity presents a clear and present danger
to workers, members of the public, or the environment, as provided
in DOE 5480. 1B, page 10, paragraph 8(c)(20).
(11) Provide EH-1 with environmental information and documentation upon
request.
(12) Support EH-1 in issuing guidance for the preparation of long range
environmental protection plans; review those plans upon submission
by field organizations; coordinate with EH-1 in the development by
EH-1 of a DOE-wide long range environmental protection plan.
d. The General Counsel shall:
(1)
(2)
(3)
(4)
(5)
Provide advice and assistance to EH-1 and other DOE elements in
support of DOE environmental protection programs and compliance
activities.
Provide prompt advice and assistance to EH-1 in resolving
environmental compliance issues and related activities within his
or her area of responsibility (e.g., consent decrees and consent
administrative orders).
Section 8
Provide advice and assistance to EH-1 and other DOE program
elements in preparing departmental comments on emerging
environmental regulations and policies that may affect DOE
operations.
Advise EH-1 and other DOE program elements on Departmental
environmental impact statements and other NEPA documents.
Coordinate DOE environmental litigation activities and represent
DOE at the Department of Justice on these activities.
e. Assistant Secretary, Management and Administration (MA-1) shall review
long range environmental protection plans prepared by Heads of Field
Organizations; and support the development of a DOE-wide long range
environmental protection plan.
f. Heads of Field Organizations shall:
(1) Issue and update, as required, a general environmental statement
that reflects the statement of policy in this Order and contains
broad environmental protection goals for all facilities and
activities for which he or she is responsible.
DOE 5400.1
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13
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
Ensure that all operations under their authority comply with
applicable environmental protection laws and regulations, and
directives.
Identify significant environmental compliance issues that require
resolution and coordination, and advise EH-1 and Headquarters
program elements in a timely manner.
Ensure that all required environmental permits are secured from
the appropriate regulatory agency in a timely fashion. Consistent
with the requirements of DOE 5400.2, in negotiating the terms and
conditions of permits, settlements, consent orders, consent
decrees, or other legal or administrative documents, every effort
shall be made to assure that permit requirements and conditions
reflect the requirements of environmental regulations, consistent
with national security interests, and are cost-effective.
Conduct environmental appraisals of programs, projects, and
facilities in accordance with DOE 5482. 1B, and other ES&H
requirements, and provide copies of appraisal reports to EH-1 and
the appropriate program office.
Establish and maintain laison and cooperative programs with
appropriate Federal, Regional, State, and local environmental
officials so as to facilitate effective environmental management.
Develop and implement programs that direct contractors to execute
environmental protection compliance programs and policies, and
provide for oversight. confirmation. and independent verification
of those contractor programs.
Prepare long range environmental protection plans in accordance
with guidance issued by EH-1.
Ensure that budget requests provide for required environmental
protection upgrades and corrective action, that they are timely,
and are consistent with pollution abatement plans prepared as
required by OMB Circular A-106.
(10) Prepare biannual pollution abatement plans required by OMB
Circular A-106 and submit to EH-1 on a schedule provided by that
office.
(11) Provide EH-1 all environmental information and documentation that
is requested.
14 DOE 5400.1
11-9-88
(12) Curtail or suspend any operation that poses a clear and present
danger to members of the public or the environment.
(13) Provide for community public information and education programs
concerning DOE environmental protection programs, consistent with
the requirements of environmental regulations and national
security interests.
Section 9
g. Director, Naval Nuclear Propulsion Program: Executive Order 12344,
statutorily prescribed by P.L. 98-525 (42 USC 7158 note), establishes
the responsibilities and authority of the Director, Naval Nuclear
Propulsion Program (who is also the Deputy Assistant Secretary for Naval
Reactors within the Department) over all facilities and activities which
comprise the Program, a joint Navy-DOE organization. The policy
principle promoted by these executive and legislative actions is cited
in the Executive Order as “. . . preserving the basic structure,
policies, and practices developed for this Program in the past . . .“
Accordingly, based on the Executive Order and this policy principle, the
Naval Nuclear Propulsion Program is exempt from the provisions of this
Order. The Director shall maintain an environmental protection program
to assure compliance with applicable environmental statutes and
regulations. The Director and EH-1 shall cooperatively develop
information exchange and other mutually beneficial programs as
appropriate, consistent with P.L. 98-525.
BY ORDER OF THE SECRETARY OF ENERGY:
JOSEPH F. SALGADO
Deputy Secretary
DOE 5400.1
11-9-88
i
TABLE OF CONTENTS
Page
CHAPTER I - ENVIRONMENTAL PROTECTION STANDARDS
CHAPTER II - NOTIFICATION AND REPORTS
I-1
I-1
I-1
I-1
1-1
I-2
I-4
I-5
II-1
II-1
II-1
II-2
II-2
II-2
II-2
II-2
II-2
II-5
CHAPTER III - ENVIRONMENTAL PROTECTION PROGRAM PLANS
CHAPTER IV - ENVIROMENTAL MONITORING REQUIREMENTS
ii
TABLE OF CONTENTS
(continued)
Page
DOE 5400.1
11-9-88
DOE 5400.1
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I-1
CHAPTER I
ENVIRONMENTAL PROTECTION STANDARDS
1. PURPOSE. To provide the mandatory environmental standards that are in
effect at DOE operations and procedural guidance for securing an exemption
from a standard.
2. ENVIRONMENTAL PROTECTION STANDARD. See definition at page 8,
subparagraph 8d.
3. STANDARDS. Environmental protection standards fall into three categories.
a. Those imposed by Federal statutes, regulatlons, and requirements. (The
major federal environmental protection standards that apply to DOE
operations are contained in the listing in Attachment I-1.)
b. Those imposed by State and local statutes, regulations and requirements
which are applicable to DOE.
c. Those imposed by DOE directives.
4. EXEMPTION PROCEDURES. Requests for exemptions from applicable environmental
protection standards are not encouraged. However, in limited cases,
programmatic circumstances or operational conditions may warrant such
requests in accord with the following procedures.
a. From Federal, State and Local Regulations.
(1) Specific procedures for processing exemptions to standards are
contained in Federal, State, and local laws and regulations. To
the extent that Federal, State, and local laws and regulations
allow for an exemption from any standard, field organizations and
PSOs, as appropriate, are to use applicable administrative and
legal procedures to secure approval for any exemption. EH-1 will
provide technical and administrative support to any organization
upon request. In the case of generic issues that affect
department-wide compliance with environmental standards, EH-1 will
coordinate efforts to obtain agreements from the regulatory
authority for a DOE-wide exemption. Heads of Field Organizations
and PSOs, as appropriate, shall submit to EH-1, the General
Counsel, and the appropriate Program Senior Official(s)
information copies of all requests to Federal or State agencies
for exemptions.
I-2 DOE 5400.1
11-9-88
Section 10
(2) The field organization and PSOs, as appropriate, shall take the
lead role in coordinating the exemption request with the
appropriate Federal, State, or local agency responsible for the
enforcement of the standard for which the exemption is being
requested.
(3) After a determination has been made by the appropriate Federal,
State, or local agency, the field organization and PSOs, as
appropriate, shall notify EH-1, the General Counsel, and the
appropriate PSOs of the disposition of the request.
b. From Internal DOE Environmental Standards. Procedures for exemptions
from standards which are internally imposed as a matter of DOE policy
are as follows:
(1) Temporary Exemptions.
(a) Heads of Field Organizations and PSOs, as appropriate, shall
submit to EH-1, with copies to the appropriate Program Senior
Official(s), a request for a temporary exemption from DOE
mandatory standards. A request for a temporary exemption
shall contain the following:
1 A specification of the standard from which the field
organization or PSO seeks an exemption;
2 Detailed statements of why the field organization or PSO
is unable to comply with the standard;
3 A statement of the steps taken or to be taken to minimize
the risk to the public and environment, including the
conditions the field organization or PSO shall maintain
and the means, methods, operations, and processes which
shall be adopted and used;
4 An analysis of the benefits to be gained from the
exemption and the negative impact on the program or
activity if not granted, compared with the risk posed by
conducting the activity under the exemption; and
5 A statement of when the field organization or PSO will be
able to comply with the standard and what steps have been
and will be taken by the field organization to come into
compliance with the standard.
DOE 5400.1
11-9-88
I-3
(b) EH-1 shall review the field organization’s or PSO’s request
within 60 days of receipt of the request. After review and
evaluation of the request and recommendations from the
appropriate PSO, EH-1 shall approve a temporary exemption if
the request establishes that the field organization or PSO:
1 Is unable
unavailab
personnel
construct
to comply;
2 Is taking
to comply with the standard because of
ility of funding, professional or technical
materials or equipment, or because necessary
ion or alteration of facilities must be completed
all available steps to provide environment and
health protection; and,
3 Has an effective program for coming into compliance with
the standard as quickly as possible.
(c) A temporary exemption may be in effect for the period needed
by the field organization or PSO to achieve compliance with
the standard, but no longer than 2 years, except that in
unusual circumstances (e.g., lack of programmatic funding), a
temporary exemption may be renewed for a l-year period. An
application for renewal must be filed and processed in the
same manner specified in subparagraphs 4b(1)(a) and 4b(1) (b);
this shall be done at least 90 days prior to expiration of
the temporary exemption.
(2) Permanent. Exemptions. In limited cases, EH-1 may approve a
permanent exemption if the field organization or PSO has
demonstrated that the conditions, practices, means, methods,
operations, or processes to be used will provide environment,
safety, and health protection which is comparable to that which
would prevail if the field organization or PSO had complied with
the standard Heads of Field Organizations or PSOs shall submit
to EH-1 any request for a permanent exemption from DOE standards,
The request for exemption shall contain all applicable information
specified in subparagraph 4b(l)(a). Within 60 days of the receipt
of the request, EH-1 shall review and evaluate the request and
recommendations from the appropriate PSO.
Section 11
(3) Field-Level Exemptions. The Head of the Field Organization or PSO
may grant field-level exemptions from mandatory standards during
the period of time in which the request for a temporary or
permanent exemption is being processed by Headquarters. A field-
level exemption shall be granted where the Head of the Field
Organization or PSO has sufficient assurance that the
I-4 DOE 5400.1
11-9-88
environmental and health risks are acceptably low. The field-
level exemption is to be effective until a decision on the
issuance of an exemption is made by EH-1.
c. Presidential Exemption. Any request for a Presidential exemption from
applicable pollution control standards shall comply with the procedures
prescribed in Section 1-7 of Executive order 12088. The request should
be forwarded to EH-1 with copies to the appropriate PSO.
Recommendations for Presidential exemptions will be developed by EH-1,
concurred in by GC and the PSO, and transmitted to the Office of
Management and Budget under the Secretary’s signature. Presidential
exemptions may be requested under the following Acts, inter alia.
(1) Clean Air Act, as amended. Section l18(b).
(2) Clean Water Act, as amended, Section 313(a).
(3) Safe Drinking Water Act, as amended, Section 1447(b).
(4) Resource Conservation and Recovery Act, as amended, Section 6001.
(5) Comprehensive Environmental Response, Compensation, and Liability
Act, as amended, Section 120(j)(1).
(6) Noise Control Act, as amended, Section 4(b)(2).
DOE 5400.1
11-9-88
Attachment I-1
Page I-5
MANDATORY ENVIRONMENTAL PROTECTION STANDARDS
To the extent legally applicable to a particular activity, standards contained in
the following legislation, regulations, and Executive orders are mandatory for
DOE Operations. This Appendix includes certain major federal requirements, but
is not necessarily all-inclusive. Specific standards -including state and local
requirements - applicable to individual activities should be determined on a
site-specific basis.
1. EXECUTIVE ORDERS (E.0.)
a. E.O. 11987, “Exotic Organisms.”
b. E.O. 11988, “Floodplain Management.“
c. E.O. 11989, “off-Road Vehicles on Public Lands.”
d. E.O. 11990, “Protection of Wetlands”
e. E.O. 11514 and E.O. 11991, "Protection and Enhancement of Environmental
Quality.”
f. E.O. 11593, “Protection and Enhacement of Cultural Environment.”
g. E.O. 12088, “Federal Compliance with Pollution Control Standards.”
h. E.O. 12146, “Management of Federal Legal Resources.”
i. E.O. 12316, “Response to Environmental Damage.”
j. E.O. 12342, “Environmental Safeguards on Activities for Animal Damage
Control on Federal Lands.”
k. E.O. 12344, “Naval Nuclear propu!sion Program.”
l. E.O. 12580, “Superfund Implementation.”
2. THE NATIONAL HISTORIC PRESERVATION ACT OF 1966, AS AMENDED.
a. Title 36 CFR Part 800, “Protect on of Historic and Cultural Properties.”
b. Title 43 CFR Part 7, “Protection of Archaeological Resources.”
Attachment I-1
Page I-6
DOE 5400.1
11-9-88
3. TITLE 42 U.S.C. 7401, ET SEQ., THE CLEAN AIR ACT, AS AMENDED.
a. Title 40 CFR Part 50, “National Primary and Secondary Ambient Air
Quality Standards. ”
b. Title 40 CFR Part 52, “Approval and Promulgation of Implementation
Plans.”
c. Title 40 CFR Part 53, “Ambient Air Monitoring Reference and Equivalent
Methods. ”
d. Title 40 CFR Part 58, “Ambient Air Quality Surveillance.”
e. Title 40 CFR Part 60, “Standards of Performance for New Stationary
Sources.”
f. Title 40 CFR Part 61, “National Emission Standards for Hazardous Air
Pollutants.”
Section 12
g. Title 40 CFR Part 65, “Delayed Compliance Orders.”
h. Title 40 CFR Part 66, “Assessment and Collection of Noncompliance
Penalties by EPA.”
i. Title 40 CFR Part 69, “Special Exemptions from Requirements of the Clean
Air Act.”
j. Title 40 CFR Part 81, “Designation of Areas for Air Quality Planning
Purpose.”
4. TITLE 33 U.S.C. 1251 ET SEQ., THE CLEAN WATER ACT, AS AMENDED.
a. Title 33 CFR Parts 153-157, “Control of Pollution by Oil and Hazardous
Substances.”
b. Title 33 CFR Part 159, “Marine Sanitation Devices.”
c. Title 33 Parts 320, 322-329, "Permit Programs Regulations.”
d. Title 40 CFR Part 109, "Criteria for State, Local and Regional Oil
Removal Contingency Plans.”
e. Title 40 CFR Part 110, “Discharge of Oil.”
f. Title 40 CFR Part 112, “Oil Pollution Prevention.”
g. Title 40 CFR Part 113, “Liability Limits for Small Onshore Storage
Facilities.”
DOE 5400.1
11-9-88
Attachment I-1
Page I-7
h. Title 40 CFR Part 114, “Civil Penalties for Violation of Oil Pollution
Prevention Regulations.”
i. Title 40 CFR Part 116, “Designation of Hazardous Substances.”
j. Title 40 CFR Part 117, “Determination of Reportable Quantities for
Hazardous Substances.”
k. Title 40 CFR Part 121, “State Certification of Activities Requiring a
Federal License or Permit.”
l. Title 40 CFR Part 122, “EPA Administered Permit Programs: The National
Pollutant Discharge Elimination System.”
m. Title 40 CFR Part 125, “Criteria and Standards for the National
Pollutant Discharge Elimination System.”
n. Title 40 CFR Part 129, “Toxic Pollutant Effluent Standards.”
o. Title 40 CFR Part 131, “Water Quality Standards."
p. Title 40 CFR Part 133, “Secondary Treatment Regulation.“
q. Title 40 CFR Part 136, “Guidelines Establishing Test Procedures for the
Analysis of Pollutants.”
r. Title 40 CFR Part 140, “Marine Sanitation Device Standard.”
s. Title 40 CFR Parts 220-225, 227-229, “Ocean Dumping Regulations and
Criteria. ”
t. Title 40 CFR Part 230, “Section 404(b)(l) Guidelines for Specification
of Disposal Sites for Dredged or Fill Material.”
u. Title 40 CFR Part 231, “Section 404 (c) Procedures.”
v. Title 40 CFR Part 401, “General Provisions for Effluent Guidelines and
Standards” (Note: Title 40 CFR Part Section 401 14, “Cooling Water
Intake Structures).
w. Title 40 CFR Part 403, “General Pretreatment Regulations for Existing
and New Sources of Pollution .“
x. Title 40 CFR Part 413, “Electroplating Point Source Category.”
y. Title 40 CFR Part 423, “steam Electric Power Generating Point Source
Category.”
Attachment I-1 DOE 5400.1
Page I-8 11-9-88
z. Title 40 CFR Part 457, “Explosives Manufacturing Point Source Category. ”
aa. Title 40 CFR Part 459, “Photographic Point Source Category. ”
5. TITLE 42 U.S.C. 300 f, ET SEQ., THE SAFE DRINKING WATER ACT, AS AMENDED.
a. Title 40 CFR Part 141, “National [Interim] Primary Drinking Water
Regulations. ”
b. Title 40 CFR Part 142, “National Primary Drinking Water Regulations
Implementation “
c. Title 40 CFR Part 143, “National Secondary Drinking Water Regulations. ”
d. Title 40 CFR Part 144, “Underground lnjection Control Program. ”
e. Title 40 CFR Part 146, “Underground lnjection Control Program: Criteria
and Standards. ”
f. Title 40 CFR Part 147, “State Underground Injection Control Programs.”
g. Title 40 CFR Part 149, “Sole Source Aquifers).”
6.
AMENDED.
TITLE 16 U.S.C. 1451, ET SEQ., THE COSTAL ZONE MANAGEMENT ACT OF 1972, AS
Section 13
a. Title 15 CFR Part 921, “NOAA Guidelines on Estuarine Sanctuaries. ”
b. Title 15 CFR Part 923, “NOAA Coastal Zone Management Program Approval
Regulations “
c. Title 15 CFR Part 930, “NOAA Regulations on Federal Consistency with
Approved Coastal Management Program. ”
d. Title 15 CFR Part 931, “NOAA Regulations on Coastal Energy Impact
Program. ”
7. RADIATION PROTECTION.
a. Title 10 CFR Part 712, ‘Grand Junction Remedial Action Criteria. ”
b. Title 40 CFR Part 190, “Environmental Radiation Protection Standards for
Nuclear Power Operations. ”
c. Title 40 CFR Part 191, “Environmental Radiation Protection Standards for
Management and Disposal of Spent Nuclear Fuel, High-Level, and
Transuranic Radioactive Wastes. ”
11-9-88
DOE 5400.1 Attachment I-1
Page I-9
d. Title 40 CFR Part 192, “Health and Environmental Protection Standards
for Uranium and Thorium Mill Tailings.”
8. TITLE 42 U.S.C. 9601 [9615] ET SEQ., THE COMPREHENSIVE ENVIRONMENTAL
RESPONSE, COMPENSATION, AND LIABILITY ACT OF 1980, AS AMENDED.
a. Title 40 CFR Part 300, “National Oil and Hazardous Substances Pollution
Contingency Plan.”
b. Title 40 CFR Part 302, “Designation, Reportable Quantities, and
Notification.”
c. Title 40 CFR Part 305, “Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA) Arbitration Procedures.”
d. Title 40 CFR Part 306, “Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA) Natural Resources Claims
Procedures”
e. Title 43 CRF Part II, “Natural Resource Damage Assessments."
9. TITLE 7 U.S.C. 136, ET SEQ., THE FEDERAL INSECTICIDE, FUNGICIDE, AND
RODENTICIDE ACT, AS AMENDED.
a. Title 40 CFR Part 162, “Regulations for the Enforcement of the Federal
Insecticide, fungicide, and Rodent icicle Act.”
b. Title 40 CFR Part 165, “Regulations for the Acceptance of Certain
Pesticides and Recommended Procedures for the Disposal and Storage of
Pesticides and Pesticides Contaners.”
c. Title 40 CFR Part 166, “Exemption of Federal and State Agencies for Use
of Pesticides Under Emergency Conditions “
d. Title 40 CFR Part 170, “Worker Protection Standards for Agricultural
Pesticides.”
e. Title 40 CFR Part 171, “Certification of Pesticide Applicators.”
10. TITLE 42 U.S.C. 6901, ET SEQ., THE RESOURCE CONSERVATION AND RECOVERY ACT OF
1976, AS AMENDED.
a. Title 40 CFR Part 240, “Guidelines for the Thermal Processing of Solid
Wastes.”
b. Title 40 CFR Part 241, “Guidelines for the Land Disposal of Solid
Wastes.”
Attachment I-1
Page I-10
DOE 5400.1
11-9-88
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
m.
n.
o.
p.
Title 40 CFR Part 243, "Guidelines for the Storage and Collection of
Residential, Commercial, and Institutional Solid Waste.”
Title 40 CFR Part 244, “Solid Waste Management Guidelines for Beverage
Containers.”
Title 40 CFR Part 245, “Promulgation Resource Recovery Facilities
Guidelines. “
Title 40 CFR Part 246, “Source Separation for Materials Recovery
Guidelines."
Title 40 CFR Part 247, “Guidellnes for Procurement of Products that
Contain Recycled Material.”
Title 40 CFR Part 256, “Guidellnes for Development and Implementation of
State Solid Waste Management Plans. “
Title 40 CFR Part 257, “Criteria for Classification of Solid Waste
Disposal Facilities and Practices."
Title 40 CFR Part 260, “Hazardous Waste Management System: General.”
Title 40 CFR part 261, “Identification and Listing of Hazardous Waste.”
Title 40 CFR Part 262, “Standards Applicable to Generators of Hazardous
Waste."
Section 14
Title 40 CFR Part 263, “Standards Applicable to Transporters of
Hazardous Waste.“
Title 40 CFR Part 264, “Standards for Owners and Operators of Hazardous
Waste Treatment, Storage, and Disposal Facilities.”
Title 40 CFR Part 265, “Interim Status Standards for Owners and
Operators of Hazardous Waste Treatment, Storage, and Disposal
Facilities.”
Title 40 CFR Part 266, “Standards for the Management of Specific
Hazardous Wastes and Specific Types of Hazardous Waste Management
Facilities.”
q. Title 40 CFR Part 267, “Interim Standards for Owners and Operators of
New Hazardous Waste Land Disposal Facilities.”
r. Title 40 CFR Part 268, “Land Disposal Restrictions.”
DOE 5400.1 Attachment I-1
11-9-88 Page I-11 (and I-12)
s. Title 40 CFR Part 270, “EPA Administered Permit Programs: The Hazardous
Waste Permit Program.”
t. Title 40 CFR Part 272, “Approved State Hazardous Waste Management
Programs.”
u. Title 40 CFR Part 280, “Underground Storage Tanks.”
11.
12.
13.
14.
TITLE 16 U.S.C. 1531. ET SEQ., THE ENDANGERED SPECIES ACT OF 1973, AS
AMENDED, TITL E 50 CFR PART 17, “FISH AND WILDLIFE SERVICE LIST OF ENDANGERED
AND THREATENED WILDLIFE AND PLANTS".
TITLE 15 U.S.C., ET SEQ.. THE TOXIC SUBSTANCES CONTROL ACT, AS AMENDED,
TITLE 40 CFR PART 761, “POLYCHLORINATEO BIPHENYLS (PCBs) MANUFACTURING
PROCESSING. DISTRIBUTION IN COMMERCE, AND USE PROHIBITIONS".
TITLE 42 U.S.C. 4901 ET SEQ., THE NOISE CONTROL ACT OF 1972, AS AMENDED.
TITLE 16 U.S.C. 1131, ET SEQ., THE WILDERNESS ACT, AS AMENDED, TITLE 43 CFR
PART 19, “WILDERNESS PRESERVATION."
DOE 5400.1 Chg 1
6-29-90
II-1
1.
2.
3.
CHAPTER II
NOTIFICATION AND REPORTS
PURPOSE. To establish requirements for: (a) notification and followup
of environmental occurrences; and, (b) periodic routine reporting of
significant environmental protection information. Each DOE facility is
unique; thus, notification and reporting requirements shall be
determined by the Head of Field Organizations on a case-by-case basis,
consistent with regulatory requirements and DOE directives.
NOTIFICATION OF ENVIRONMENTAL OCCURRENCES.
a. Consistent with the notifi cation requirements contained in DOE
5484.1 and DOE 5000.3A, and the DOE orders in the 5500 series
dealing with emergency management, field organizations and DOE
contractors shall notify the Headquarters Emergency Operations
Center (EOC) of the significant nonroutine release of any
pollutant or hazardous substance, e.g., releases of hazardous
substances that are reported to the Environmental Protection
Agency National Response Center as required by the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA).
Notification to the EOC shall be concurrent with notification to
any regulatory agencies. Where applicable, existing reporting
formats should be used. A written report of followup and
of any reported envresolution ironmental occurrence which has
environmental significance shall be prepared in accordance with
the requirements of DOE 5484.1 and DOE 5000.3A.
b. Field organizations shall maintain documental on of responses to
environmental occurrences and have them available for regulatory
agency inspectors, DOE auditors, and the general public. Field
organizations shall prepare annual summary reports on
environmental occurrence activities. This information shall be
included in Annual Site Environmental Reports.
Section 15
OFFICE OF MANAGEMENT AND BUDGET CIRCULAR A-106. Departmental pollution
abatement projects shall be reported in a 5-year plan as required by
Office of Management and Budget (OMB) Circular A-106, and EPA and DOE
guidance issued thereto. Field Organizations shall submit their reports
semiannually to EH-l on dates determined by EH-1, but in any event no
later than May 1 and December 15 of each year. Confirmatory reports are
to be submitted by line organizations, in those instances where there are
no pollution abatement projects planned or underway.
Vertical line denotes change.
II-2 DOE 5400.1
11-9-88
4. ANNUAL SITE ENVIRONMENTAL REPORT.
a.
b.
c.
d.
Purpose. The purpose of this report is to present summary
environmental data so as to characterize site environmental
management performance, confirm compliance with environmental
standards and requirements, and highlight significant programs and
efforts.
Extent. Reports shall be prepared for all sites that conduct
significant environmetal protection programs. The breadth and
detail should reflect the size and extent of any program at a
particular site.
Reporting Criteria. All DOE facilities that conduct significant
environmental protection programs shall prepare an Annual Site
Environmental Report. Environmental reports covering the previous
calendar year shall be prepared annually and distributed by June 1
to EH-1 (10 copies), appropriate PSOs, the Office of Scientific
and Technical lnformation, the Environmental Protection Agency,
and to other agencies and organizations, as appropriate.
Content and Format. Suggested content and format for the Annual
Site Environmental Report is contained in Attachment II-1.
5.
a. Radioactive Effluent and On-site Discharge Data Reports covering
the previous calendar year shall be submitted to the Waste
Information Systems Branch, EG&G Idaho, Inc., Idaho Falls, Idaho
83415, by April 1; a copy of the cover letter shall be sent to EH-
1. The reports, including the data forms, cover sheet, maps, and,
if necessary, explanatory information shall be submitted in
accordance with instructions provided in Section II of the
REPORTS ON RADIOACTIVE EFFLUENT/ON-SITE DISCHARGE/UNPLANNED RELEASES.
Effluent lnformation System and On-site Discha
System User’s Manual. Maps should be included
reflect modifications (terminations or startups,
previous years. The report shaIl consist of:
(1) A cover sheet listing the site facility,
contractor(s) and address;
rge Information
only when they
etc. ) from
report period,
(2) A summary providing pertinent descriptive and interpretative
information which would serve to explain any facets of the
data which are not adequately described on the sheets.
(Classified effluent data should be submitted on separate
forms.);
(3) Maps, 8-1/2 x 11 inches , showing the locations of effluent
streams and on-site discharge points;
DOE 5400.1 Chg 1
6-29-90
II-3 and II-4
(4) Completed DOE F 5821.1, "Radioactive Effluents/On-site
Discharges/ Unplanned Releases, ” unless submitted via the
Secure Automatic Communications Network (SACNET) or directly
to the computer operations.
b. Unplanned releases of radioactive materials in effluents, such as
spills, leaks, etc., whether onsite or offsite, also shall be
reported to the Information System Branch, EG&G Idaho, Inc., on
Form DOE F 5821.1. This is in addition to meeting the occurrence
reporting requirements of DOE 5000.3A. Releases of no environmental
concern, including those that are subsequently cleaned up, need
not be reported.
Section 16
c. Field Organizations should assure that any data errors on DOE
F 5821.1 are reported promptly to the information Systems Branch,
EG&G Idaho, Inc. , using amended forms.
Vertical line denotes change.
DOE 5400.1 Attachment II-1
11-9-88 Page II-5
Content
SUGGESTED CONTENT AND FORMAT FOR ANNUAL SITE ENVIRONMENTAL REPORTS
and format for the Annual Site Environmental Report is provided below;
guidelines and examples are included to illustrate the quality and kind of
information required. The report should be of the high quality typical of DOE
and contractor technical and public reports. The cover should be of appropriate
quality and appearance, and the text printed and professionally edited. Where
possible, pages illustrating figures, maps, etc. should be 8 1/2” x 11”.
1.
2.
3.
4.
5.
6.
COVER PAGE. The cover page should include the site name, facility,
reporting period, reporting organization, address, and document number. The
report should be titled (“Name) Site Environmental Report for Calendar Year
19--.”
TITLE PAGE. Same as for 1 above.
TABLE OF CONTENTS. The Table of Contents should list sections, locations of
figures, texts, appendices, references, etc., in the document.
INTRODUCTION. The introduction should include a brief description of the
site, its mission, the nature of its primary operations, and activities. A
general discussion of environmental features and land and water use,
including pertinent demographic information, should be included in this
section.
SUMMARY. The summary should provide evaluation and interpretation of the
information included in each of the sections (items 6-9 which follow)
contained in the report; the meaning of these data should be explained in
the context of applicable environmental standards and requirements. The
summary should be written in a manner understandable to the general public.
Explanations, as appropriate, should be included for unusual events or
releases. A discussion of abnormal occurrences which resulted from or could
have impact upon either the program activity or the site, should be
included. Population dose estimates and the dose to the maximum exposed
individual (where appropriate) should be included. The total quantity of
radioactivity by radionuclide released as airborne and liquid effluents
should be included, along with descriptive information on nonradioactive
effluents.
COMPLIANCE SUMMARY. This section should review the facility’s compliance
record. Specific instances of noncompliance should be discussed and a
description of corrective actions should be included.
Attachment II-1
Page II-6
DOE 5400.1
11 -9-88
7. ENVIRONMENTAL PROGRAM INFORMATION. This section should provide a summary of
all of a site’s environmental activities performed to comply with laws and
regulations, to enhance environmental quality, and to improve understanding
of the effects of environmental pollutants from site operations. Items to
be included are:
a. A summary of environmental monitoring performed. This should be a brief
description of the types of monitoring performed; which regulations
require it; number of stations, frequency, and parameters measured; to
whom data are reported; and a summary of results compared to applicable
standards. This summary should address programs for both radioactive
and nonradioactive monitoring.
b. A listing of environmental permits issued to the site by Federal, state
and local regulatory agencies. Include the type of permit, by whom
issued, and the expiration date.
Section 17
c. A listing of draft and final EISs and EAs completed during the year that
pertain to site activities.
d. A summary of significant environmental activities at the site. This
could include activities to meet permit or EIS requirements, new
procedures implemented to comply with regulations, pollution abatement
projects, and special studies of the fate and effect of pollutants from
the site.
8. ENVIRONMENTAL RADIOLOGICAL PROGRAM INFORMATION. This section should provide
an accurate description of the environmental radiological monitoring program
conducted at each facility. For facilities that do not need to monitor for
radioactivity in the environment, a “Not Applicable” response is sufficient.
a. Radioactive Effluent Data. Effluent data for radionuclides should be
summarized. The nuclides of concern and the total number of curies in
airborne and liquid effluents released to the offsite environment should
be included in the portion of the report dealing with air and water
monitoring, respectively. In instances where liquid effluents released
to different receiving streams result in separate routes of potential
exposure, the radioactivity discharged to each receiving stream should
be identified. For purposes of reporting radiological effluent data,
gross radioactivity measurements are unacceptable, unless specified by
applicable federal, state, or local regulations.
b. Environmental Sampling for Radioactivity. Include a brief description
of each of the media sampled as part of the monitoring program or as
part of a special study. The type and frequency of sampling and the
methods of analysis should be presented. Individual data points are not
required, but tables, graphs, or text which clearly and accurately
present the overall monitoring results should be provided. A map
DOE 5400.1 Attachment II-1
Page II-711-9-88
c.
d.
showing the location
should be included.
of monitoring stations and sampling points also
As a general rule, data should be presented for
radioactivity in media for-which there are applicable standards or other
meaningful bases for interpreting the results. Interpretation should be
made, where appropriate, of how the environmental levels (resulting from
site operations) compare to relevant parameters such as background
radioactivity, and applicable effluent or environmental standards.
Reporting Potential Dose to the Public. The Environmental Report should
contain an assessment of the potential radiation exposure to the public
which could have resulted from site operations during the calendar year.
The assessment should be as accurate and realistic as possible. The
modeling and calculation methodology used in the dose assessment
should be included or referenced. A comparison of results with
applicable standards and relevant parameters (e.g., natural and
manmade sources of exposure) also should be included.
Reporting Units. The following units should be used in reporting
radiological data:
(1)
(2)
(3)
(4)
(5)
(6)
Air. uCi/ml (for tritium, report in pCi/ml; for uranium and
thorium, also include pg/ml).
Sediment. uCi/g or pCi/g dry weight. Specify sample depth and
method of obtaining dry weight. For uranium and thorium, also
include ug/g dry or wet weight, where possible. For tritium, the
concentration may be expressed in uCi/ml of moisture content in
unit volume of wet samples.
Food and Vegetation. uCi/g or pCi/g dry weight. Specify percent
moisture and method of obtaining dry weight. For tritium, the
concentration may be expressed in uCi/ml of moisture content in
unit volume of’ wet samples
Section 18
Milk. uCi/ml.
Penetrating Radiation. mrem/yr.
Soil. Three possible reporting units:
(a) uCi/m2 (or pCi/m2). Specify sample depth or profile depth.
For tritium, the concentration may be expressed in uCi/ml of
soil moisture;
Attachment II-1
Page II-8
DOE 5400.1
11-9-88
(b) uCi/g (or pCi/g) dry weight. Specify sample depth and method
of obtaining dry weight;
(c) For uranium and thorium, also include ug/g dry or wet weight.
(7) Water. uCi/ml.
9. ENVIRONMENTAL NON-RADIOLOGICAL PROGRAM INFORMATION. This section should
provide an accurate description of the environmental non-radiological
monitoring program conducted at each facility. For facilities that do not
need to monitor non-radiological pollution, a "Not Applicable” response is
sufficient.
a. Effluent Data. Effluent monitoring data should be summarized.
Pollutants of concern and discharge volumes in airborne and liquid
effluents released to the environment should be included in the portion
of the report dealing with air and water monitoring, respectively.
b. Environmental Sampling for Non-Radiological Pollution. Include a brief
description of each of the media sampled as part of the monitoring
program or as part of a special study The type and frequency of
sampling and the methods of analysis should be presented. Individual
data points are not required, but tables, graphs, or text which clearly
and accurately present the overall monitoring results should be
provided. A map showing the location of monitoring stations and
sampling points also should be included.
As a general rule, data should be presented for which there are
applicable standards or other meaningful bases for interpreting the
results. Interpretation should be made, where appropriate, of how the
environmental levels (resulting from site operations) compare to
relevant parameters such as background levels, and applicable effluent
or environmental standards.
c. Reporting Units. In reporting non-radiological data, units should agree
with those specified by the analytical methods Where applicable,
reporting units should agree with the units specified on permits issued
under regulatory programs.
10. GROUNDWATER PROTECTION. The groundwater protection program should be
summarized, including a review of the monitoring program that describes the
number of wells, sampling method, sampling frequency, analyses performed and
a summary of results. There also should be a summary of the hydrogeology of
the site, major aquifers, movement of groundwater, potential sources of
groundwater pollution, and uses of groundwater in the vicinity of the site.
DOE 5400.1
11-9-88
Attachment II-1
Page II-9 (and II-10)
11. QUALITY ASSURANCE. A quality assurance section should summarize the
measures taken to ensure the quality of monitoring data. The overall
program, including sampling, analysis and data management, should be
described for both radioactive and nonradioactive effluent and environmental
monitoring. A summary of results from participation in interlaboratory
cross-check programs should be included, listing site results and expected
results.
12. REFERENCES. A section should list applicable references and other documents
cited in the body of the report.
13. DISTRIBUTION LIST. A standard distribution list of those persons or
organizations receiving copies of the report should be included.
DOE 5400.1
11-9-88
III-1
CHAPTER III
ENVIRONMENTAL PROTECTION PROGRAM PLANS
Section 19
1. PURPOSE. This Chapter establishes requirements for DOE operations to
develop and implement specific program plans for each facility or group of
facilities for which they are responsible. The Office of Fossil Energy
shall be responsible for developing these plans for operations under its
direct cognizance.
2. IMPLEMENTATION PLAN. Each field organization shall prepare a plan for
implementing the requirements of this Order. An implementation plan shall
be prepared for each facility or group of facilities, the purpose of which
is to provide management direction, including assignment of responsibilities
and authorities, to ensure that all DOE facilities are operated and managed
in a manner that will protect, maintain, and. where necessary, restore
environmental quality, minimize potential threats to the environment and the
public health, and comply with environmental regulations and DOE policies.
Specifically, the implementation plan shall:
a. Provide environmental protection goals and objectives for the
organization, and identify strategies and timetables for attaining them.
Organization and staffing, including assignment of responsibilities for
environmental activities, policies, facility operating procedures, and
budgeting, will be described.
b. Provide an overall framework for the design and implementation of an
environmental protection program for each DOE facility; and
c. Assign responsibilities for complying with requirements under all
Federal, state and local environmental laws and/or regulations for all
DOE facilities.
d. The implementation plan shall be prepared no later than 12 months after
the effective date of this Order and shall be updated annually. The
plan shall be approved by the appropriate PSO, with concurrence by EH-1.
3. LONG RANGE ENVIRONMENTAL PROTECTION PLAN. As an element of its long range
ES&H planning, each field organization shall develop a long range
environmental protection plan that comprehensively defines specific
environmental objectives and the means and schedules for attaining
objectives and completing programs and projects at each facility or group of
facilities. Information contained in this plan will be integrated into the
appropriate PSO planning, support environmental program budget requests, and
provide the basis for comprehensive PSO environmental long range planning.
The plan will serve as a mechanism for Headquarters and field organizations
to coordinate strategies for addressing environmental needs.
III-2 DOE 5400.1
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a. The plan shall:
(1) Identify requirements;
(2) Compare operations against requirements to identify needs;
(3) Establish strategies for meeting identified needs;
(4) Identify activities required to implement the strategies; and
(5) Identify needed resources and develop a schedule to accomplish
those activities.
b. Specific guidance for preparing the plan will be issued by EH-1. Each
plan will be submitted to the appropriate PSO, EH-1, and MA-1.
4. SPECIAL PROGRAM PLANNING REQUIREMENTS. In addition to other program
requirements and documentation required in this Order, each Head of Field
Organization shall prepare a separate plan of sufficient scope and detail to
reflect program significance, as appropriate, for each of the following
activities.
Section 20
a. A Groundwater Protection Management Program that includes. for each
site, the following: (1) documentation of the groundwater regime with
respect to quantity and quality; (2) design and implementation of a
groundwater monitoring program to support resource management and comply
with applicable environmental laws and regulations; (3) a management
program for groundwater protection and remediation, including specific
Safe Drinking Water Act (SDWA), Resource Conservation and Recovery Act
(RCRA) and CERCLA actions; (4) a summary and identification of areas
that may be contaminated with hazardous substances; (5) strategies for
controlling sources of these contaminants; (6) a remedial action program
that is part of the site CERCLA program required by DOE 5400.4; (7)
decontamination and decommissioning and other remedial programs
contained in DOE directives. Plans, permits, and other technical
documents such as those associated with compliance with the SDWA, RCRA,
and CERCLA may be used in whole or in part to satisfy this requirement.
This plan shall be completed no later than 18 months after the effective
date of this Order. The plan shall be reviewed annually and updated
every 3 years.
b. A Waste Minimization Program that will contain goals for minimizing the
volume and toxicity of all wastes that are generated, with annual
reductions if programmatic requirements allow. Changes in waste
quantity, volume and toxicity that are achieved shall be compared with
quantities generated in the previous year. The proposed methods of
treatment, storage, and disposal that accomplish waste minimization that
are technically and economically practicable shall be reported as
appropriate, Waste minimization plans required by specific legislation,
DOE 5400.1 III-3 (and III-4)
11-9-88
such as RCRA, shall be included as a part of this program plan. This
plan shall be completed no later than 18 months after the effective date
of this Order. The plan shall be reviewed annually and updated every 3
years.
c. A Pollution Prevention Awareness Program that shall be specifically
identified in his or her environmental protection statement. All
mission statements and project plans shall recognize a requirement for
pollution prevention, where appropriate. The documented program,
including elements for employee awareness through specific training,
special awareness campaigns, and incentives and award programs shall be
implemented. This plan shall be completed no later than 12 months after
the effective date of this Order. The plan shall be reviewed annually
and updated every 3 years.
DOE 5400.1
11-9-88
IV-1
C H A PTER
EVIRONMENTAL MONITORING REOUIREMENTS
1. PURPOSE.
a. This Chapter contains requirements and guidance for environmental
monitoring programs concerned with: (1) measuring and monitoring
effluents from DOE operations; and (2) surveillance through measurement,
monitoring, and calculation of the effects of those operations on the
environment and public health. The objectives of the monitoring
programs are to demonstrate compliance with legal and regulatory
requirements imposed by applicable Federal, State and local agencies;
confirm adherence to DOE environmental protection policies; and support
environmental management decisions. A critical element of monitoring is
quality assurance and verification. Each DOE Facility is unique;
therefore, the need and levels of effort for monitoring programs shall
be determined by the appropriate field organization on a case-by-case
basis, consistent with regulatory requirements, DOE directives, and the
degree of environmental assurance that activities at the particular site
require.
Section 21
b. All requirements contained in Chapter IV shall be implemented no later
than 36 months after the effective date of this Order, unless otherwise
required by other DOE Orders or by applicable Federal, State, or local
legislation or regulation.
c. Monitoring requirements for radioactivity are contained in DOE Orders
in the 5400 series dealing with radiation protection of the public
and the environment.
2. APPLICABILITY.
a. The following environmental monitorng requirements apply: (1) those
contained in DOE Orders in the 5400 series dealing with radiation
protection of the public and the environment, and DOE 5820.2; and
(2) those specified by applicable Federal, State, or local
regulations.
b. To the extent that a regulation or permit allows for exemptions from
required monitoring practices and procedures, Heads of Field
Organizations shall obtain approval for any exemption from the
appropriate regulatory agency. In those instances where an exemption
from a DOE-imposed monitoring requirement is justifiable, approval shall
be granted by the appropriate Head of Field Organization. The
procedures contained in page I-1, paragraph 4 of this Order are not
applicable to any exemptions that are made for environmental monitoring
requirements.
IV-2 DOE 5400. 1
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3. PREOPERATIONAL MONITORING OF FACILITIES, SITES, AND OPERATIONS. An
environmental study shall be conducted prior to start up of a new site,
facility, or process which has the potential for significant adverse
environmental impact. The preoperational study should begin not less than 1
year, and preferably 2 years before start up to evaluate seasonal changes.
The study shall serve to: characterize existing physical, chemical, and
biological conditions that could be affected; establish background levels of
radioactive and chemical components; characterize pertinent environmental
and ecologic parameters; and identify potential pathways for human exposure
or environmental impact as a basis for determining the nature and extent of
the subsequent routine operational and emergency effluent monitoring and
environmental surveillance programs. Where time and circumstances do not
allow for completion of preoperational monitoring prior to start-up, it
shall be conducted concurrent with work on the new site, facility, or
process. The preoperational study shall be consistent with NEPA compliance
activities. Where appropriate, activities and documentation conducted for
NEPA compliance may substitute for compliance with this requirement.
4. ENVIRONMENTAL MONITORING PLANS. A written environmental monitoring plan
shall be prepared for each site, facility, or process that uses, generates,
releases, or manages significant pollutants or hazardous materials. The
plan shall contain the rationale and design criteria for the monitoring
program, extent and frequency of monitoring and measurements, procedures for
laboratory analyses, quality assurance requirements, program implementation
procedures, and direction for the preparation and disposition of reports.
The plan shall be approved by the appropriate Head of Field Organization, or
his or her designee. The plan shall be reviewed annually and updated as
needed. The plan shall identify and discuss two major activities:
(a) effluent monitoring, and (b) environmental surveillance. The plan shall
reflect the importance of monitoring as a critical element of an effective
environmental protection program. The plan shall be reviewed annually and
updated every 3 years.
Section 22
5. ENVIRONMENTAL MONITORING - GENERAL REQUIREMENTS. Environmental monitoring
shall consist of two major activities: effluent monitoring and
environmental surveillance. Selected references for environmental
monitoring are listed in Attachment IV 1.
a. Effluent Monitoring.
(1) Effluent monitoring shall be conducted at all DOE sites to satisfy
the following program objectives:
(a) Verify compliance with applicable Federal, State, and local
effluent regulations and DOE Orders.
(b) Determine compliance with commitments made in Environmental
Impact Statements, Enviromental Assessments, or other
official documents.
DOE 5400.1
11-5-88
IV-3
(c) Evaluate the effectiveness of effluent treatment and control.
(d) Identify potential environmental problems and evaluate the
need for remedial actions or mitigation measures.
(e) Support permit revision and/or reissuance.
(f) Detect, characterize, and report unplanned releases.
(2) Effluent monitoring shall comply with applicable regulations and
shall be conducted to provide representative measurements of the
quantities and concentrations of pollutants in liquid and airborne
discharges, and solid wastes.
(a) Monitoring Stations. Effluents from on-site waste treatment
or disposal systems shall be monitored in accordance with
applicable regulation. Influents to on-site waste treatment
or disposal systems should be monitored as needed.
(b) Sampling. Sample collection programs shall reflect specific
facility needs. Type and frequency of sampling shall be
adequate to charaterize effluent streams.
(c) Sample Analysis. Standard analyses shall be used to analyze
samples whenever such methods are required by regulatory
programs. Exemptions due to analytical problems or for non-
routine analyses may he employed after receiving approval
front the appropriate regulatory agency. Analyses not
required by regulation s may be conducted as determined by
site-specific coniditions.
(d) Monitoring Data Recordkeeping. Auditable records shall be
established in accordannce with the requirements of DOE
5700.6B.
b. Environmental Surveillance.
(1) Environmental surveillance shall be conducted to monitor the
effects, if any, of DOE activities on on-site and offsite
environmental and natural resources. An environmental
surveillance screening program shall be undertaken at DOE sites to
determine the need for a permanent surveillance program.
Environmental surveillance shall be designed to satisfy one or
more of the following program objectives:
(a) Verify compliance with applicable environmental laws and
regulations;
IV-4 DOE 5400.1
11-9-88
(2)
(b) Verify compliance with environmental commitments made in
Environmental Impact Statements, Environmental Assessments,
Safety Analysis Reports, or other official DOE documents;
(c) Characterize and define trends in the physical, chemical and
biological condition of environmental media;
(d) Establish baselines of environmental quality;
(e) Provide a continuing assessment of pollution abatement
programs;
(f) Identify and quantify new or existing environmental quality
problems.
Environmental surveillance programs and components should be
determined on a site-specific basis by the field organization.
Programs should reflect facility characteristics, applicable
regulations, hazard potential, quantities and concentrations of
materials released, the extent and use of affected air, land, and
water, and specific local pubilc interest or concern.
Surveillance programs are likely to include one or more of the
following:
Section 23
(a) Monitoring stations;
(b) Sampling and analysis; and
(c) Monitoring data recordkeeping.
6. METEOROLOGICAL MONITORING PROGRAM. Representative meteorological data are
required at DOE facilities to support environmental monitoring activities.
This information is essential to characterize atmospheric transport and
diffusion conditions in the vicinity of the DOE facility and to represent
other meteorological conditions (e.g., precipitation, temperature, and
atmospheric moisture) which are important. to environmental surveillance
activities such as air quality and radiation monitoring.
a. Meteorological Information/Monitoring Programs. A meteorological
information/monitoring program shall be developed as a specific element
of all environmental monitoring plans. The program shall identify types
of meteorological information required to support all environmental
protection activities (both routine and non-routine) and the regulations
applicable to assessing impacts of airborne releases. The elements of
the program (e.g., acquisition, analysis, and data management) shall be
specified and the rationale or purpose for selecting those elements
documented.
DOE 5400.1
11-9-88
b.
IV-5
General Requirements. Representative meteorological information shall
be available at or in the vicinity of DOE facilities to:
(1) Provide data to characterize atmospheric transport, diffusion
conditions, and other climatic conditions of importance in the
vicinity of the DOE facility for assessments of the impacts of
airborne releases (both routine and non-routine) on public health
and safety;
(2) Provide data to characterize conditions important to environmental
surveillance activities such as air quality and radiation
monitoring;
(3) Provide data to confirm compliance with and implementation of
applicable regulations and DOE Orders; and
(4) Provide a consistent data base upon which decisions can be made
concerning airborne releases and appropriate control activities.
7. RADIOLOGICAL MONITORING.
a. Requirements for the environmental monitoring of radioactive materials
are to be fount in DOE Orders in the 5400 series dealing with
radiation protection of the public and the environment. Airborne
radiation and radioactive materials discharged from DOE. facilities
shall comply with the requirements of 40 (CFR Part 61, "National
Emission Standards for Hazardous Air Pollutants." Further, for those
radioactive materials not regulated under the Clean Air Act, DOE has
established standards to meet its responsibilities under the Atomic
Energy Act.
b. An assessment of the potential radiation dose to members of the public
which could have resulted from site operations shall be made for
facilities required to conduct effluent and environmental radiological
monitoring. Assessments shall be made in accordance with the
requirements of DOE Orders in the 5400 series dealing with radiation
protection of the public and the environment.
8. NON-RADIOLOGICAL MONITORING.
a. Air Monitoring - Emissions.
(1) Air emission monitoring shall be in accordance with the
requirements of applicable Federal, State, and local regulations
authorized by the Clean Air Act (42 U.S.C. 7401, et. seq.,)
Section 118 of the Act specifically addresses the control of
airborne pollution from federal facilities. Design of air quality
monitoring programs should be undertaken with a thorough
understanding of the complex framework of air quality management.
IV-6 DOE 5400.1
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Section 24
(2) Where applicable, DOE facilities shall comply with monitoring
requirements discussed in 40 CFR Part 60, which includes
monitoring of fossil fuel combustion sources and associated test
methods. Appendix A of 40 CFR Part 60 provides methods referred
to in 40 CFR Part 60.8 (Performance Tests) and 40 CFR Part 60.11
(Compliance with Standards and Maintenance Requirements).
(3) Large permanent facilities or modification to such facilities may
require a prevention of Significant Deterioration (PSD) permit
prior to construction. In addition to pre- and post-operational
emission testing, the permit process may require up to a year of
meteorological and ambient air quality monitoring. Monitoring
shall conform to the EPA PSC monitoring regulations (40 CFR Part
58) which contain siting, quality assurance, and accuracy
requirements. Siting of monitoring stations requires the use of
atmospheric dispersion modeling to locate areas of expected
maximum offsite impact. The rules also identify specific
reference methods and equivalent method analyses which shall be
used for the program.
b. Air Monitoring- Environmental Surveillance.
(1) Ambient air quality monitoring programs should be designed to
accomplish the following:
(a) Establish background concentration levels of pertinent
chemical species:
(b) Determine the highest [concentrations of the pertinent
pollutant species expected to occur in the vicinity of DOE
operations;
(c) Determine representative pollutant concentrations at areas
where public health and other concerns should be considered;
and
(d) Evaluate the effects of emissions on ambient levels of
pertinent contaminants.
(2) Where possible, background data should be gathered from existing
State and Local Air Monitoring Stations (SLAMS) which are required
by 40 CFR Part 58.20 to be provided for in a State’s
implementation plan. Design considerations for siting any
supplementary air quality monitoring stations should include
emissions, meteorology and climatology, topography, and geography.
Specific requirements associated with ambient air quality
monitoring are found in regulations promulgated by EPA.
Particular attention shall be given to the following:
DOE 5400.1
11-9-88
IV-7
(a) 40 CFR Part 50, “National Primary and Secondary Ambient Air
Quality Standards”
(b) 40 CFR Part 52, “State Implementation Plans"
(c) 40 CFR Part 53, “Ambient Air Monitoring Reference and
Equivalent Methods”
(d) 40 CFR Part 58, “Ambient Air Quality Surveillance”
c. Water Monitoring - Effluents.
(1) Under the authority of the Clean Water Act (33 U.S.C. 1251, et.
seq.,) EPA has promulgated regulations for monitoring liquid
effluent discharges. In the National Pollutant Discharge
Elimination System (NPDES) established by section 402, the EPA
Administrator, or States with approved programs, after opportunity
for public hearing, issues permits that control and limit the
discharge of any pollutant to the waters of the United States.
(2) Where required, DOE facilities shall monitor liquid effluent
discharges. Federal regulations defining NPDES requirements for
monitoring nonradioactive effluents appear in the following:
(a) 40 CFR Part 123, “State Program Requirements”
(b) 40 CFR Part 124, “Procedures for Decisionmaking”
(c) 40 CFR Part 125, “Criteria and Standards for the National
Pollutant Discharge Elimination System”
(d) 40 CFR Part 129, “TOXiC Pollutant Effluent Standards”
Section 25
(3) NPDES permits contain specific and legally enforceable effluent
limitations and self-monitoring requirements for flow measurement
and sampling.
(4) In addition to rules promulgated under the Clean Water Act, DOE
facilities shall satisfy monitoring requirements called for under
the Resource Conservation and Recovery Act (RCRA), as amended,
since under RCRA, a solid waste can be a liquid. Under RCRA, it
shall first be determined if a waste is hazardous. If a waste is
determined to be hazardous, the applicable regulations in 40 CFR
Parts 260 through 280 shall be implemented.
IV-8 DOE 5400.1
11-9-88
d. Water Monitoring - Environmental Surveillance.
(1) Ambient water quality monitoring should be conducted through a
network of fixed stations from which data will establish well-
defined histories of the physical, biological, and chemical
conditions of local bodies of water and sediments. The data
obtained from this network should be coordinated with other
monitoring activities. Mater quality data may be obtained from
existing State and local monitoring stations.
(2) Analysis of data collected from a fixed station moni
should support:
(a) Characterizing and defining trends in the physi
and biological condition of surface waters;
(b) Establishing baselines of water quality;
toring network
cal , chemical,
(c) A continuing assessment of water pollution control programs;
(d) Identifying new water quality problems; and
(e) Detecting, characterizlng, and reporting unplanned releases
and their effects on water quality.
(3) Monitoring networks should be operated and maintained in a uniform
manner, i.e., through established procedures that allow
comparative evaluations of data from monitoring sites. Receiving
water characteristics will determine the location of stations. A
reconnaissance survey might be sufficient in siting stations.
Under complex circumstances, mathematical models could be needed
to select stations sites.
(4) Monitoring programs are best served by fixed station networks.
However, a network of effluent monitoring and selected mobile
monitoring stations could satisfy the needs at some facilities.
(5) Surface water sampling performed at fixed monitoring stations will
characterize physical and chemical properties of the water column
and sediments, and biological species in the water column and
benthos. Types of sampling performed should depend upon local
conditions and the variability of stream characteristics and water
quality.
(6) The monitoring frequency at a fixed network station is a function
of the variability of the chemical, physical, and biological
conditions of the water body Data collected shall be
representative of the variations in water quality and changes in
pollutant loads. Varying sampling frequencies could be required
DOE 5400.1
11-9-88
IV-9
(7)
to accurately reflect seasonal changes, variable pollution
sources, time of water travel between stations, and tidal and
diurnal variations.
Ambient water quality monitoring serves to confirm compliance with
the Clean Water Act. An understanding of the Water Quality
Management (WQM) process implemented by EPA, the States,
interstate agencies, and area-wide, local and Regional planning
organizations is essential to the design of a water quality
monitoring program. The elements of the WQM processes are
described in 40 CFR Part 130. Test procedures for pollutant
analyses are listed in the 40 CFR Part 136.
Section 26
9. GROUNDWATER MONITORING PROGRAM. Groundwater that IS or could be affected by
DOE activities shall be monitored to determine and document the effects of
operations on groundwater quality and quantity and to demonstrate compliance
with DOE requirements and applicable Federal, State, and local laws and
regulations.
a. Groundwater Monitoring Plans. A groundwater monitoring plan shall be
developed as a specific element of all environmental monitoring plans
and the Groundwater Protection Management Program required in page III-
2, subparagraph 4a. The plan shall identify all DOE requirements and
regulations applicable to groundwater protection and include monitoring
strategy. The elements of the groundwater monitoring program shall be
specified (sampling plan, sampling, analysis, and data management), as
shall the rationale or purpose for selecting these elements.
b. General Requirements. Groundwater monitoring programs shall be
conducted on-site and in the vicinity of DOE facilities to:
(1)
(2)
(3)
(4)
(5)
(6)
Obtain data for the purpose of determining baseline conditions of
groundwater quality and quantity;
Demonstrate compliance with and implementatlon of all applicable
regulations and DOE Orders;
Provide data to permit the early detection of groundwater
pollution or contamination;
Provide a reporting mechanism for detected groundwater pollution
or contamination.
Identify existing and potential groundwater contamination sources
and to maintain surveillance of these sources;
Provide data upon which decisions can be made concerning land
disposal practices and the management and protection of
groundwater resources.
IV-10 DOE 5400.1
11-9-88
c. Site-specific characteristics shall determine monitoring needs. Where
appropriate, groundwater monitoring programs shall be designed and
implemented in accordance with 40 CFR Part 264, Subpart F, or 40 CFR
Part 265, Subpart F. For sites with multiple groundwater pollutant
sources, extensive groundwater pollution or other unique site problems,
groundwater monitoring programs could require more extensive information
than those specified in 40 CFR Parts 264 and 265. Monitoring for
radionuclides shall be in accordance with DOE Orders in the 5400
series dealing with radiation protection of the public and the
environment.
10. QUALITY ASSURANCE AND DATA VERIFICATION.
a. Quality Assurance. A quality assurance program consistent with DOE
5700.6B shall be established covering each element of environmental
monitoring and surveillance programs commensurate with its nature and
complexity. The quality assurance program shall include, but not be
limited to, the following:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
Organizational responsibilty;
Program design:
Procedures;
Field quality control;
Laboratory quality control;
Human factors;
Recordkeeping;
Chain-of-custody procedures;
Audits;
(10) Performance reporting; and
(11) Independent data verification.
b. Laboratory Certification. DOE and DOE contractor laboratories shall
confirm the need and apply for any certification requirements with
appropriate Federal, State or local agencies. Where DOE operations
secure the support of outside contractor laboratories, this work shall
be conducted by appropriately certified laboratories.
DOE 5400.1 IV-II (and IV-12)
11-9-88
Section 27
c. DOE Laboratory Quality Assessment Program for Radioactive Material. All
DOE and contractor laboratories that conduct analytical work in support
of DOE environmental radiological monitoring programs for radioactive
materials shall participate in the DOE interlaboratory quality assurance
program coordinated by the DOE Environmental Measurements Laboratory,
New York, New York. Guidelines and procedures for this program shall be
issued annually by EH-1.
d. Independent Data Verification. EH-1, in consultation with the
appropriate PSO and field organization shall develop an independent data
verification program as a part of environmental monitoring programs at
DOE facilities The program shall be in place no later than twelve
months after the effective date of this Order.
DOE 5400.1
11-9-88
Attachment IV-1
Page IV-13
SELECTED REFERENCES FOR ENVIRONMENTAL MONITORING
1. 40 CFR Part 60, “Standards of Performance for New Stationary Sources.”
2. 40 CFR Part 61, “National Emission Standards for Hazardous Air Pollutants.”
3. 40 CFR Part 125, “Criteria and Standards for the National Pollutant
Discharge Elimination System.”
4. 40 CFR Part 129, “Toxic Pollutant Effluent Standards."
5. 40 CFR Part 130, “Water Quality Planning and Management.”
6. 40 CFR Part 136, “Guidelines Establishing Test Procedures for the Analysis
of Pollutants."
7. 40 CFR Part 146, “Underground Injection Control Program: Criteria and
Standards.”
8. 40 CFR Part 264, “Standards for Owners and Operators of Hazardous Waste
Treatment, Storage, and Disposal Facilities.”
9. 40 CFR Part 265, “Interim Status Standards for Owners and Operators of
Hazardous Waste Treatment, Storage, and Disposal Facilities.”
10. MCD-51, NPDES Compliance Sampling Inspection Manual, U.S. Environmental
Protection Agency, 1979.
11. EPA 600/4-82-029, Handbook for Sampling and Sample Preservation of Water.
U.S. Environmental Protection Agency, 1982.
12. EPA-600/4-79-020, Methods for Chemical Analysis of Water and Wastes, U.S.
Environmental Protection Acency, 1979.
13. EPA-600/7-77-088, Handbook for Analytical Quality Control in Radioanalytical
Laboratories, U.S. Environmental Protection Agency, 1977.
14. EPA-550/7-77-14, Quality Control for Environmental Measurements Using Gamma-
Ray Spectrometry, Environmental Monitoring and Support Laboratory, Las
Vegas, Nevada, 1977.
15. EPA 600/4-84-017, Technical Addition to Methods for the Chemical Analysis of
Water and Wastes, U.S. Environmental Protection Agency, 1984.
16. EPA 600/4-84-077, Characterization of Hazardous Waste Sites - A Methods
Manual, U.S. Environmental Protection Agency, 1984.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
Attachment IV-1
Page IV-14
DOE 5400.1
11-9-88
SW-846, Test Methods for Evaluating Solid Waste, U.S. Environmental
Protection Aqency, 1986.
Guidance for Air Quality Monitoring Network Design and Instrument Siting (40
CFR Part 58, Appendices D and E), U.S. Environmental Protection Aqency,
January 1974.
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