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TREASURY DIRECTIVE: 75-09

                            
 DATE: February 5, 2020
 
SUBJECT: Environmental, Energy, and Sustainability Management
 
1.      PURPOSE. This Directive assigns responsibilities for establishing and maintaining comprehensive environmental, energy, and sustainability programs within the Department of the Treasury to ensure compliance with applicable law, regulations, and guidance. This Directive also authorizes the release of Treasury Publication (TD P) 75-09, “Environmental, Energy, and Sustainability Management,” which provides additional guidance.
 
2.      SCOPE. This Directive applies to all bureaus, offices, and organizations in the Department of the Treasury, including the Offices of Inspectors General within the Department.  The provisions of this Directive shall not be construed to interfere with or impede the authorities or independence of the Treasury Inspector General, the Treasury Inspector General for Tax Administration, or the Special Inspector General for the Troubled Asset Relief Program.  This policy applies to all Treasury employees, officials, detailees, interns, and contractor employees
 
3.      POLICY. Treasury policy is to conduct business in a manner that protects human health and the environment and meets or exceeds the requirements of law, regulations, and guidance. Treasury will employ reasonable environmentally sustainable practices and implement life-cycle, cost-effective, and efficient programs for:
 
a.      energy, water use, and waste reduction;
b.      reduction of air pollution and emissions;
c.      reducing or eliminating the quantity of toxic and hazardous chemicals and materials acquired, generated, used, and disposed.
 
4.      RESPONSIBILITIES.
a.       The Assistant Secretary for Management (ASM) or his or her designee serves as the Chief Sustainability Officer for the Department. The ASM, or his or her designee, establishes the overall policy and guidelines for management and implementation of environmental, energy and sustainability programs within the Department, and is specifically responsible for:
1)      monitoring Treasury’s activities to implement environmental programs and reporting progress to the Secretary of the Treasury; the Chairman of the Council on Environmental Quality (CEQ); the Federal Environmental Executive (FEE); the Director of the Office of Management and Budget (OMB); the Administrator of the U.S. Environmental Agency (EPA); and other applicable officials;
2)      establishing the Department’s environmental, energy, and sustainability policies and programs with an adequate organization to implement these programs at all operational levels; and
3)      ensuring cross-functional, Department-wide Environmental, Energy, and Sustainability Council(s) with appropriate representatives necessary to be responsive to ensuring accomplishment of the goals and requirements of environmental, energy, and sustainability programs, including in collaboration with other agencies.
 
b.      Bureau Heads, or their designee(s), are responsible for:
1)      designating an appropriately qualified senior official to serve as Senior Environmental Official (SEO) with responsibility for implementing environmental, energy, and sustainability programs for their respective bureaus;
2)      notifying the Department’s Environmental Management Officer (EMO), within Treasury Operations, of  such designation no later than 60 days after the date of such;
3)      ensuring environmental, energy, and sustainability programs that address the goals of this Directive are developed and routinely evaluated, and that there are procedures in place for identifying and correcting program issues;
4)      ensuring the Department’s EMO, within Treasury Operations, is provided a copy of each notice of violation, compliance agreement, administrative order, consent order, notice of non-compliance, or equivalent document (regarding environmental noncompliance at a facility) issued by a federal, state, or local regulatory enforcement organization and plans for addressing each, within 10 business days of receipt of the document;
5)      complying with the Treasury Publication associated with this Directive.
 
c.       The Department EMO serves as the principal environmental, energy, and sustainability program manager for the Department, under the general guidance of the Deputy Assistant Secretary for Treasury Operations and CSO, and is responsible for:
1)      providing program support to the Chief Sustainability Officer in implementing environmental, energy, and sustainability provisions of this Directive and applicable law, regulations, and guidance;
2)      conducting oversight activities to ensure that effective environmental, energy, and sustainability programs are implemented throughout the Department;
3)      coordinating the submission of required reports to CEQ, FEE, OMB, EPA, OSHA, and other applicable entities;
4)      providing advice and counsel to the Deputy Assistant Secretary for Treasury Operations, the ASM, the Secretary, and other Department officials to assist them in carrying out their environmental, energy, and sustainability duties and responsibilities;
5)      reviewing applicable law, regulations, and guidance, whether proposed or enacted, that may impact the Department, to assist officials in responding in a manner consistent with the Department's mission and policy;
6)      complying with the Treasury Publication associated with this Directive.
 
d.      The Senior Procurement Executive is responsible for:
1)      maintaining the Affirmative Procurement Program with input from senior Bureau procurement representatives and the Department EMO, and evaluating its performance; and
2)      complying with the Treasury Publication associated with this Directive.
 
e.       The Chief Information Officer is responsible for:
1)      maintaining the Electronics Stewardship Program and Implementation Plan with input from senior bureau procurement representatives and the Department EMO, and evaluating its performance; and
2)      complying with Treasury Publication associated with this Directive.
 
f.        The Director, Real Property Management, has joint oversight responsibilities for the management of Treasury’s Sustainable Buildings Program and Implementation Plan with the Department EMO, and is responsible for:
1)      developing and implementing the Sustainable Buildings Program and Implementation Plan in coordination with the Department EMO, and evaluating its performance; and
2) complying with Treasury Publication associated with this Directive.
 
g.      Treasury Supervisors and Managers are responsible for:
1)      notifying their respective Bureau SEO and Department EMO of potential or existing hazardous workplace conditions and unsafe activities and situations in a timely manner;
2)      timely reporting of accidents and incidents to their respective Bureau SEO and the Department EMO;
3)      promptly conducting accident and incident investigations, in conjunction with the Department EMO;
4)      working collaboratively with the Bureau Human Resources and SEO, and the Department EMO to establish alternate duty assignments as a result of work related illness or injury and participate in return to work efforts; and
5)      complying with the Treasury Publication associated with this Directive.  
 
h.      Treasury Employees are responsible for:
1)      their own actions, performing their duties in an environmentally sound manner, and encouraging others to do likewise;
2)      completing required environmental and sustainability training and discussing any questions or comments with their supervisors. 
 
5.      CANCELLATION. Treasury Directive 75-09, “Environmental, Health, and Safety Management, Energy, and Sustainability,” dated August 13, 2013 is superseded.
 
6.      AUTHORITIES.
a.       Energy Independence and Security Act of 2007, Pub. L. No. 110-140, 42 USC 17001 et seq.
b.      Energy Policy Act of 2005, Pub. L. No. 109-58, 119 Stat. 594.
c.       Farm Security and Rural Investment Act of 2002, § 9002, Pub. L. No. 107-171, 116 Stat. 134, 476, 7 USC 8102.
d.      National Energy Conservation Policy Act, Pub. L. No. 95-619, 92 Stat. 3206, as amended, 42 USC 8253.
e.       Resource Conservation and Recovery Act of 1976, Pub. L. No. 94-580, 90 Stat. 2795, as amended, 42 USC 6901-6907.
f.        Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 USC ch. 103.
g.      Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities, 40 CFR pt. 265.
h.      Clean Air Act of 1970, 42 USC 7401 et seq.
i.        Clean Water Act of 1972, 33 USC 1251 et seq.
 
7.      REFERENCES.
a.       Comprehensive Procurement Guideline for Products Containing Recovered Materials, 40 CFR pt. 247.
b.      Office of Federal Procurement Policy (OFPP), Policy Letter 92-4, “Procurement of Environmentally-Sound and Energy-Efficient Products and Services,” or superseding OFPP Policy Letter on this subject.
c.       Federal Electronics Challenge.
d.      Treasury Affirmative Procurement Plan.
e.       Federal Acquisition Regulation, 48 CFR.
f.        Whole Building Design Guide.
 
8.      OFFICES OF PRIMARY INTEREST. Office of the Deputy Assistant Secretary for Treasury Operations, and Office of the Assistant Secretary for Management.
 
 
 
 
_____________________
David F. Eisner
Assistant Secretary for Management
 
 
Last Updated: 4/27/2020 2:43 PM