United States Department of Commerce
The Under Secretary for Oceans and Atmosphere
Washington, D.C. 20230 June 29, 1989
 

Although the Alaska oil spill has attracted a great deal of public attention in recent months, another environmental event has become of increasing concern to a number of government and NOAA managers. The recent conviction of three Department of the Army employees at Aberdeen Proving Grounds in Maryland, regarding hazardous waste disposal has forcefully brought home the potential that government site managers have for extensive personal liability.

Without dwelling on the particulars of that case I believe that NOAA must develop a unified and straightforward strategy for dealing with environmental compliance issues. I do not believe that unsafe or hazardous environmental conditions are widespread within NOAA. Furthermore, I'm certain that most NOAA managers are now taking appropriate actions in this regard.

However, because such issues will be of continuing interest to this Administration and will receive increasing emphasis, it is important that the roles and responsibilities within NOAA be laid out and that we proceed toward taking all necessary actions to place NOAA in compliance with applicable environmental statutes and regulations.

A cardinal principle of environmental laws and regulations is that the primary responsibility for the abatement of hazardous wastes and other environmental dangers lies with the generator of those wastes. Within NOAA, it is generally well-understood that if a NOAA program creates such materials or conditions, then it also must correct it. Thus, in general, Line Offices will have the compliance role, and while conditions may vary from site to site, the primary burden for environmental correction will fall upon individual site managers.

However, it is equally clear that site managers and the entire Line Office chain of command cannot be expected to correct these conditions where they occur without a support network of technical and legal assistance, as well as some commitment of required resources. Field managers need to know where to get specific information to allow them to assess their situation and develop needed strategies.

Accordingly, I am making the following assignments:

• Each Assistant Administrator will designate an individual as a central Line Office focal point, responsible for environmental compliance. That individual will establish lines of communications with regional offices and field locations, become fully aware of compliance issues, and assure that required abatement actions are taken within that line office.
• The Director of the Office of Administration, in concert with the Directors of the Administrative Support Centers (ASC's), will develop a plan for maintaining a smooth flow of needed information and liaison with the Department, and providing technical assistance on environmental compliance to site managers through the ASC's.
• The NOAA General Counsel will designate an individual in its headquarters who shall be familiar with environmental laws and regulations and can provide legal advice on compliance matters to Line Offices and ASC's.

These assignments in no way will affect the current responsibilities of the Ecology and Conservation Division of the Office of the Chief Scientist.

I am also asking that these actions be completed by July 15, 1989, and that the Director of the Office of Administration provide me with a progress report on that date.

Meanwhile we will keep you aware of compliance issues as information becomes available.