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TREASURY DIRECTIVE: 75-09

DATE: August 13, 2013
 
 
1.   PURPOSE.  This Directive assigns responsibilities for establishing and maintaining comprehensive environmental, health, and safety (EHS) and energy and sustainability programs within the Department of the Treasury to ensure compliance with applicable law, regulations, and guidance.
 
2.   SCOPE.  This Directive applies to all bureaus as described in paragraph 4(b).  Bureaus with employees or functions located in space provided through the General Services Administration (GSA) will partner with GSA to ensure Treasury compliance with applicable EHS requirements.  The provisions of this Directive shall not be construed to interfere with or impede the authority of the Department’s Inspectors General. 
 
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.  EHS consideration and accountability are fundamental and integral components of policy, operation, planning, and management across all Treasury missions, activities, and functions.  Treasury will employ sustainable EHS practices and implement life-cycle, cost-effective, and efficient programs for:
 
a.      reducing work related hazards and risk and protecting human health and welfare;

b.     energy, water use, and waste reduction;

c.      reduction of greenhouse gas (GHG) emissions;

d.     climate change adaptation planning;

e.      the preferred acquisition of goods and services; and

f.      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) is the Senior Sustainability Officer and the Designated Agency Safety and Health Official.  The ASM, or his or her designee, establishes the overall policy and guidelines to implement EHS 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 EHS policies and programs with an adequate organization to implement these programs at all operational levels; and

  3)  ensuring cross-functional, Department-wide EHS Council(s) with appropriate representatives necessary to expeditiously meet the goals and requirements of EHS 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 programs;
 
  2)     serving as the bureau’s designated safety and health official to manage and ensure the effective implementation of safety and health programs;
 
  3)     notifying the Director, Office of Environment, Health, and Safety (OEHS), of such designation no later than 60 days after the date of such;
 
  4)     ensuring EHS, 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;
 
  5)     ensuring the Director of the OEHS is provided a copy of each notice of violation, compliance agreement, administrative order, consent order, notice of non-compliance, or equivalent document (regarding environmental, health, or safety 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;
 
  6)     ensuring both OSHA and the Director of the OEHS are notified per 29 CFR 1904.39; and
 
  7)     complying with Treasury Publications associated with the Directive.
 
c.   The Director of the Office of Environment, Health, and Safety, serves as the principal environment, health, and safety officer of the Department.  He or she leads a team of senior environment, health, and safety professionals under the general guidance of the Deputy Assistant Secretary for Management and Budget and is responsible for:
 
  1)     providing program support to the ASM in implementing EHS, energy, and sustainability provisions of this Directive and applicable law, regulations, and guidance; 
 
  2)     conducting oversight activities to ensure that effective EHS, 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 Director of Departmental Operations, the Deputy Assistant Secretary for Management and Budget, the ASM, the Secretary, and other Department officials to assist them in carrying out their EHS, 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)     representing the Department before standards-making organizations, other federal agencies, and private-sector national and international safety and health organizations for the benefit of the Department, the federal government, and the American public; and
 
  7)     complying with Treasury Publications associated with the Directive.
 
d.   The Senior Procurement Executive is responsible for:
 
  1)     maintaining the Affirmative Procurement Program with input from senior Bureau procurement representatives and the Director, OEHS, and evaluating its performance; and
 
  2)     complying with Treasury Publications associated with the 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 Director, OEHS, and evaluating its performance; and
 
  2)     complying with Treasury Publications associated with the Directive.
 
f.    The Director, Office of Asset Management, has joint oversight responsibilities for the management of Treasury’s Sustainable Buildings Program and Implementation Plan with the Director, OEHS, and is responsible for:
 
  1)     developing and implementing the Sustainable Buildings Program and Implementation Plan in coordination with the Director, OEHS, and evaluating its performance; and
 
  2)     complying with Treasury Publications associated with the Directive.
 
g.   Treasury Supervisors and Managers are responsible for:
 
  1)     notifying EHS of potential or existing hazardous workplace conditions and unsafe activities and situations in a timely manner;
 
  2)     timely reporting of accidents and incidents to OEHS;
 
  3)     promptly conducting accident and incident investigations, in conjunction with OEHS;
 
  4)     working collaboratively with the bureau Human Resources and OEHS 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 Treasury Publications associated with the Directive.
 
h.   Treasury Employees are responsible for:
 
  1)     their own actions, performing their duties in a safe and healthy manner, and encouraging others to do likewise;
 
  2)     complying with the Occupational Safety and Health Act and all applicable environmental, health, and safety regulations and requirements;
 
  3)     immediately reporting to their supervisors or other appropriate personnel all injuries, illnesses, hazards, unsafe acts, property damage, tort claims, and business interruptions;
 
  4)     promptly working with management and OEHS to ensure information is entered into the appropriate reporting tool and database when an injury, illness, or near-miss incident that potentially could have resulted in an injury occurs; and
 
  5)     completing required EHS training and discussing any questions or comments with their supervisors.
 
5.   CANCELLATION.  Treasury Directive 75-09, “Environmental Management and Sustainability Program,” dated July 1, 2008; Treasury Directive 71-05, “Departmental Safety and Health Programs,” dated December 30, 2008; and Treasury Directive 75-04, “Energy Management Program,” dated December 30, 2008, are superseded.
 
6.   AUTHORITIES.
a.     Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy, and     Economic Performance,” October 5, 2009.
 
b.     EO 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” January 24, 2007.
 
c.    Instructions for Implementing Executive Order 13423, March 29, 2007.
 
d.     Energy Independence and Security Act of 2007, Pub. L. No. 110-140, 42 USC 17001 et seq.
 
e.      Energy Policy Act of 2005, Pub. L. No. 109-58, 119 Stat. 594.
 
f.      Farm Security and Rural Investment Act of 2002, § 9002, Pub. L. No. 107-171, 116 Stat. 134, 476, 7 USC 8102.
 
g.     National Energy Conservation Policy Act, Pub. L. No. 95-619, 92 Stat. 3206, as amended, 42 USC 8253.
 
h.     Resource Conservation and Recovery Act of 1976, Pub. L. No. 94-580, 90 Stat. 2795, as amended, 42 USC 6901-6907.
 
i.      Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 USC ch. 103.
 
j.      Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities, 40 CFR pt. 265.
 
k.    Clean Air Act of 1970, 42 USC 7401 et seq.
 
l.     Clean Water Act of 1972, 33 USC 1251 et seq.
 
m.   Occupational Safety and Health Act of 1970, 29 USC ch. 15.
 
n.     Safety Programs, 5 USC 7902.
 
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.  The Office of Environment, Health, and Safety, Office of Deputy Assistant Secretary for Management and Budget, and Office of the Assistant Secretary for Management and Chief Financial Officer.
 
/S/                                                      
Nani A. Coloretti
Assistant Secretary for Management

 
 
Last Updated: 8/23/2013 10:49 AM