2021-09-15                                                                                                                                                                                         

.01 This Department Administrative Order (DAO) establishes a Department of Commerce (Department-wide) environmental compliance program based on federally mandated requirements that are different from those associated with energy and sustainability.

.02 The accompanying Environmental Compliance Management Manual provides a more comprehensive description of environmental compliance requirements and responsibilities.

SECTION 2. AUTHORITY.

.01 This DAO is based on Executive Order 12088, Federal Compliance with Pollution Control Standards (Oct. 13, 1978), and other applicable federal, state, and local environmental compliance laws, regulations, and executive orders aimed at protecting human health, the environment, and natural and cultural resources. Examples of applicable laws include the Clean Air Act of 1970, as amended (42 U.S.C. 7401 et seq.); Clean Water Act of 1977, as amended (Public Law 95-217, 33 U.S.C. 1251, et seq.); Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended (42 U.S.C. 9601 et seq.); Emergency Planning and Community Right-to-Know Act (EPCRA) of 1986 (42 U.S.C. 11001 et seq.); Federal Facilities Compliance Act of 1992 (Public Law 102-386); Resource Conservation and Recovery Act (RCRA) of 1976 (42 U.S.C. 6901 et seq.); Toxic Substances Control Act (TSCA) of 1976 (15 U.S.C. 2601 et seq.); and the Safe Drinking Water Act (SDWA) of 1974 (42 U.S.C. 300f et seq.). The Environmental Compliance Management Manual provides a more comprehensive list of authorities.

SECTION 3. POLICY.

.01 It is the Department's policy to conduct operations in a manner that fully complies in a fiscally responsible, efficient, and effective manner with all applicable Federal, State, and local environmental laws, regulations, as well as executive orders, and protects human health, the environment, natural and cultural resources. This includes proactively monitoring environmental compliance through compliance assessments and promoting environmental compliance through training.

.02 It is the Department's policy to cooperate with Federal, State, and local agencies and stakeholders to promote and improve compliance with environmental laws and regulations.

.03 The Department's Environmental Compliance Management Manual is authorized by this DAOand has the same force and effect of a DAO. See DAO200-3. The Environmental Compliance Management Manual provides details on the Department's environmental compliance policy, including definitions, roles, and responsibilities applicable to this DAO. The Office of Facilities and Environmental Quality (OFEQ) is the office of primary interest for the Environmental Compliance Management Manual and is responsible for preparing, clearing, issuing, and maintaining the manual. OFEQ may also issue Technical Bulletins that provide interim environmental compliance guidance pending an update to the Environmental Compliance Management Manual.

.04 Heads of the Department's Bureaus and Operating Units are encouraged to coordinate across Departmental Offices for the overall management of the Department's environmental compliance efforts.

.05 As appropriate, Department Offices and Operating Units are encouraged to provide organization-specific policy and guidance to supplement this DAO or the Environmental Compliance Management Manual. Supplemental policy and guidance issued must be consistent with this DAO and the Environmental Compliance Management Manual. Any supplemental policy or guidance shall be provided to the Office of Sustainable Energy and Environmental Programs upon issuance.

SECTION 4. APPLICABILITY.

.01 The provisions of this DAO and associated Environmental Compliance Management Manual apply to all Departmental Offices, Bureaus, and Operating Units.

.02 This DAO and associated Environmental Compliance Management Manual also apply to Departmental facilities that are: owned by the federal government and under the Operating Unit's custody and control; are leased by the Bureau/Operating Unit and the Bureau/Operating Unit retains authority over facility operations; or are occupied by the Operating Unit under an occupancy agreement with the General Services Administration (GSA) that includes delegated facility responsibilities.

.03 Guidance contained in other Department manuals, such as the Commerce Acquisition Manual and the Real Property Management Manual, may contain information related to environmental compliance programs. Therefore, this DAOencourages coordination between appropriate Departmental and Bureau/Operating Unit Offices. Since these other manuals derive their authority from separate DAOs and laws, any perceived conflicts between this DAOand other manuals shall be resolved by following the guidance contained within the other manuals.

.04 This DAO does not include guidance on the Department's Sustainability and Energy Program.

.05 This DAO does not include guidance on the Department's Occupational Safety and Health Program.

SECTION 5. RESPONSIBILITIES.

.01 The Office of Sustainable Energy and Environmental Programs shall:

a. Establish policy and provide oversight and guidance to the Department and its Operating Units to ensure compliance with applicable environmental laws, regulations and executive orders.
b. Maintain and update the Environmental Compliance Management Manual and this DAOto retain relevancy and applicability based on changing requirements and conditions.
c. Represent the Department at inter-agency environmental compliance meetings, conferences, and Federal environmental compliance policy reviews.
d. Consult the Office of the General Counsel, as necessary, regarding the Department's environmental compliance responsibilities and for guidance on applicable Federal, State, and local laws, regulations, and executive orders.
e. Promote environmental compliance expertise and awareness.
f. Provide Department-wide environmental compliance training opportunities.
g. Provide resources to support Department Offices and Bureaus/Operating Units to implement and maintain an environmental compliance program (e.g., environmental compliance assessment and reporting system).
h. Fulfill the provisions as specified within the Environmental Compliance Management Manual.

.02 Heads of Department Offices and Operating Units shall:

a. Ensure that facilities fully comply in a fiscally responsible, efficient, and effective manner with all applicable Federal, State, and local environmental laws, regulations and executive orders that protect human health, the environment, natural and cultural resources.
b. Fulfill the provisions specified in the Environmental Compliance Management Manual. Develop, implement and maintain environmental compliance and assessment programs.
c. As necessary, inform the Office of Sustainable Energy and Environmental Programs of significant environmental compliance actions undertaken or anticipated to ensure compliance with applicable laws, regulations and executive orders. This provision applies to actions designed to prevent, control, or mitigate circumstances which may endanger human health, the environment, and natural and cultural resources.
d. Ensure programming, budgeting and allocation of funds to assure compliance with applicable environmental compliance requirements mandated by laws, regulations, executive orders and Department requirements (e.g., policies, guidance).
e. Provide timely responses and a primary point of contact for data calls and inquiries regarding environmental compliance.
f. Consult with the Office of the General Counsel or the appropriate operating unit counsel, as necessary, regarding environmental compliance responsibilities and for guidance on applicable Federal, State, and local laws, regulations and executive orders.

SECTION 6. EFFECT ON OTHER ORDERS.

This Order establishes Department Administrative Order 216-217, Environmental Compliance Program Management, and is intended to complement and support other Department Administrative Orders, including DAO 217-16, Sustainability, Energy Management, and Environmental Stewardship.

Signed by: Acting Chief Financial Officer & Assistant Secretary for Administration

Approved by: Deputy Secretary of Commerce

Office of Primary Interest: Office of Facilities and Environmental Quality