Attachment J.9 – Appendix I

APPENDIX I

DOE Directives

and

Fermi National Accelerator Laboratory Work

Smart Standards Set

LIST A: List of Applicable Laws and Regulations – (Reserved)

LIST B: List of Applicable Directives

LIST B: Work Smart Standards

Procedures for Implementing and Changing the Work Smart Standards

LIST B – List of Applicable Directives

OCTOBER 1, 2000

	ORDERS/ NOTICES		DATES		TITLE
	110.3		11/3/99		Conference Management
	130.1		9/29/95		Budget Formulation Process
	200.1		9/30/96		Information Management Program
N 203.1		10/2/00		Software Quality Assurance
N 205.1		7/26/99		Unclassified Computer Security Program
N 205.2		11/01/99		Foreign National Access To Cyber Systems
N 205.3		11/23/99		Password Generation, Protection, And Use
224.1		12/8/97		Contractor Performance-Based Business Management Process
231.1 Chg. 1		9/30/95 10/26/95		Environment, Safety and Health Reporting
	241.1		8/17/98		Scientific and Technical Information Management
	251.1A		1/30/98		Directives System
	252.1		11/19/99		Technical Standards Program
	350.1 Chg.1		9/30/96 5/08/98		Contractor Human Resource Management Programs
	N 350.5		4/15/99		Use of Facility Contractor Employees for Services to DOE in Washington
	413.1		12/06/95		Management Control Program
	413.3		10/13/00		Program Management for the Acquisition of Capital Assets
	420.1		10/13/95		Facility Safety
	430.1A		10/14/98		Life Cycle Asset Management
	430.2		6/13/96		In-House Energy Management
	443.1		5/15/00		Protection of Human Subjects
	470.1 CHG.1		9/28/95 6/21/96		Safeguards and Security Program
	470.2		12/15/00		Reporting Unofficial Foreign Travel
	470.2A		3/1/00		Security and Emergency Management Independent Oversight and Performance Assurance Program

ORDERS NOTICE	DATES	TITLE
473.2	6/30/00 added 12/6/00	Protective Force Program
N 473.4	5/26/00	Department of Energy Badges
N 473.6	9/18/00	Security Conditions
481.1	9/30/96	Work for Others (Non-Department of Energy Funded Work)
482.1	1/12/01	DOE Facilities Technology Partnering Programs
483.1	1/12/01	Cooperative Research and Development Agreements
534.1	9/29/95	Accounting
551.1A	8/25/00	Official Foreign Travel
1450.4	11/12/92	Consensual Listening-In to or recording telephone/radio conversations
2030.4B	5/18/92	Reporting Fraud, Waste, and Abuse to the Office of the Inspector General
2100.8A	1/27/93	Cost Accounting, Cost Recovery, & Interagency Sharing of Information Technology Facilities
2110.1A Chg. 2	7/14/88 5/18/92	Pricing of Departmental Materials & Services
2300.1B	6/08/92	Audit Resolution and Followup
2320.1C	5/18/92	Cooperation with the Office of Inspector General
5400.5 Chg. 1 Chg. 2	2/08/90 6/05/90 1/07/93	Radiation Protection of the Public and the Environment (Only Chapter 2, Section 1; and Chapter 3, as stated in the N & S set)
5700.7C	5/18/92	Work Authorization System

SECRETARY OF ENERGY NOTICES

SEN	DATE	TITLE
22	5/08/90	DOE Policy on Signatures of RCRA Permit Applications

LIST B – Work Smart Standards

Appendix I

List B – Fermilab Work Smart Standards

October 1, 2001

10 CFR 1021 (DOE NEPA rules)

10 CFR 1022 (Compliance with Floodplain/Wetlands environmental review requirements)

10 CFR 1046 Subpart B, App. A, Chapter X, par. H through I inclusive. (Physical protection of security interests, protective force personnel)

10 CFR 835 (Occupational radiation protection - applicable and enforceable portions)

10 CFR 850 (Chronic Beryllium Disease Prevention Program)

10 CFR 860 (Trespass to land owned & leased by the U.S. Government)

17 IAC 525 and permit pursuant (Nuisance animal trapping permits)

18 U.S. Code Sections 841-848 (Use, or threat of use, of explosives; includes civil disorders)

28 CFR 36 (Section 302(b)(2) of the Americans with Disabilities Act and Section 4.1.3(9) of the ADAAG -- accommodations and accessibility)

29 CFR 1903.13 (Imminent danger)

29 CFR 1903.2 (Posting of notice...)

29 CFR 1904 (Recordkeeping and reporting occupational injuries and illnesses)

29 CFR 1910 (OSHA general industry standards - applicable and enforceable portions)

29 CFR 1926 (OSHA construction industry standards - applicable and enforceable portions)

29 CFR 1928 Subpart C (Roll-over protective structures - applicable and enforceable portions)

29 CFR 1928 Subpart D (Safety for agricultural equipment - applicable and enforceable portions)

29 CFR 1977.12 (Exercise of any right afforded by the Act)

29 CFR 1977.4 (Persons prohibited from discriminating)

29 IAC Chapter 1, Subchapter f (Emergency services, disasters, and civil defense /ESDA/ chemical safety)

33 CFR 320-323, 328-330 (Army Corp of Engineers wetlands regs)

35 IAC (State of IL environmental regs - applicable and enforceable portions)

36 CFR 60, 63, 65 (National historic landmark program)

36 CFR 78-79 (NHPA waiver and collection curation regs)

36 CFR 800 (Protection of historic and cultural properties)

40 CFR (Federal environmental regs - applicable and federally-enforceable portions)

41 IAC 100 (Fire prevention and safety)

41 IAC 120 (Boiler and pressure vessels)

41 IAC 140 (Policy and procedures manual for fire protection personnel)

41 IAC 160 (Storage, transportation, sale and use of gasoline and volatile oils: rules relating to general storage)

41 IAC 170 (Storage, transportation, sale and use of petroleum and other regulated substances)

41 IAC 180 (Storage, transportation, sale and use of volatile oils)

43 CFR 7 (Archaeological collections)

49 CFR (Offsite)
Parts 100-177 (Applicable Parts)
Parts 178-199 (Applicable Parts)
Parts 382-399 (Applicable Parts)

49 CFR (Onsite)
Parts 382-399 (Applicable Parts)
177.848 (Segregation Table for Hazardous Materials)

50 CFR 17 (Endangered species rules)

71 IAC 400 (Illinois accessibility code, Subparts C-F)

77 IAC 830 (Structural pest control code)

77 IAC 890 (Plumbing code)

77 IAC 900 (Drinking water systems requirements)

77 IAC 920 (Water well construction code)

77 IAC 925 (Well pump installation)

92 IAC 700 and all permits pursuant (Construction in water course permit application)

92 IAC 704 and all permits pursuant (Regulation of public waters)

92 IAC 708 and all permits pursuant (Floodway construction permit application)

ACGIH TLV for cold stress

ACGIH TLV for hand-arm segmental vibration

ACGIH TLV for heat stress

ACGIH TLV for radiofrequency/microwave radiation

ACGIH TLV for static magnetic fields

ACGIH TLV for ultraviolet radiation

ANSI A 17.1 (Elevator Construction)

ANSI A 17.3 (Elevator Maintenance)

ANSI A 39 (Window Washing)

ANSI B11 series (Metalworking - applicable portions)

ANSI B15.1 (Power transmission apparatus)

ANSI N323, Radiation Protection Instrumentation Calibration

ANSI O1.1 (Woodworking machinery)

ANSI Z136.1 (Lasers)

ANSI Z 49.1 (Cutting, Welding and Hot Work Activities) 1994 version

ANSI/ASHRAE 15 (Mechanical refrigeration)

ANSI/ASME B30.10 (Hooks)

ANSI/ASME B30.11 (Monorails and Underhung Cranes) 1993

ANSI/ASME B30.16 (Overhead Hoists (Underhung)) 1993

ANSI/ASME B30.17 (Overhead and Gantry Cranes (Top Running Bridge, Single Girder, Underhung Hoist)) 1992

ANSI/ASME B30.2 (Overhead and gantry cranes)

ANSI/ASME B30.20 (Below the hook lifting devices)

ANSI/ASME B30.21 (Manually Lever Operated Hoists) 1994

ANSI/ASME B30.22 (Articulating Boom Cranes) 1993

ANSI/ASME B30.5 (Mobile and locomotive truck cranes)

ANSI/ASME B30.9 (Slings)

ANSI/ASME B31.1 (Power piping)

ANSI/ASME B31.3 (Process Piping) 1996

ANSI/ASME B31.5 (Refrigeration piping)

ANSI/ASME B31.8 (Gas transmission and piping systems)

ANSI/ISA S84.01 (Application of Safety Instrumented Systems for the Process Industries) 1996

Archaeological and Historic Preservation Act of 1974 (P.L. 93-291)

Archaeological Resources Protection Act of 1979 [amended], 16 USC 470aa et seq.

ASME Pressure Vessel Code - Section VIII

Atomic Energy Act of 1954 [amended], 42 USC 2011 et seq.

Batavia Code of Regulations, City Ordinance, Section 8-3-10-3

BOCA Fire Prevention Code

BOCA National Building Code 1999

Boiler & Pressure Vessels of the Illinois Office of the State Fire Marshall

CERCLA/SARA, 42 USC 9601 et seq.

City Code of Warrenville, IL Title 7, Chapter 4, sewer/sewerage ordinance

Clean Air Act Amendments 1990, 42 USC 7401 et seq., and Illinois State Implementation Plan, 40 CFR 52 Subpart O

Clean Water Act, 33 USC 1251 et seq.

DOE Order 420.1 Fire Protection (Section 4.2)

DOE Order 5400.5 Derived Concentration Guide Table and dose limits to the public (Chapter 2, Section 1; Chapter 3)

DuPage County Health Department Private Water Supply Ordinance (OH-0002-90, Chapter 34, DuPage County Code)

E.O. 11988 (Floodplain Management)

E.O. 11990 (Protection of Wetlands)

E.O. 12580 (Implementation of superfund)

E.O. 13101 (Greening the Government through Waste Prevention, Recycling, and Federal Acquisition)

E.O. 13058 (Protecting Federal Employees and the Public from Exposure to Tobacco Smoke in the Federal Work Place)

E.O. 13148 (Greening the Government through Leadership in Environmental Management)

E.O. 13149 (Greening the Government through Federal Fleet and Transportation Efficiency)

Endangered Species Act, 16 USC 1531 et seq.

EPA Air Quality standards

Federal Facility Compliance Act, 42 USC 6961

Fermilab ES&H Section SQIP RPS.8 (Control and accountability of nuclear materials)

FESHM 2010 (Planning and review of accelerator facilities and their operations)

FESHM 3010 (Significant and Reportable Occurrences) (formerly, Occurrence reporting)

FESHM 5031 (Pressure vessels)

FESHM 5031.1 (Pressure piping systems)

FESHM 5032 (Cryogenic system review)

FESHM 5032.1 (Liquid nitrogen dewar installation rules)

FESHM 5032.2 (Guidelines For the Design, Fabrication, Testing, Installation, and Operation of LH2 Targets)

FESHM 5032.3 (Transporting gases in building elevators)

FESHM 5033 (Vacuum vessel safety)

FESHM 5035 (Mechanical refrigeration systems)

FESHM 5040 (Fermilab electrical safety program)

FESHM 5041 (Electrical utilization equipment safety)

FESHM 5042 (AC electrical power distribution safety)

FESHM 5043 (Management and use of cable tray systems)

FESHM 5044 (Protection against exposed electrical bus)

FESHM 5046 (Low voltage, high current power distribution systems)

FESHM 5064 (Oxygen deficiency hazards)

FESHM 5084 (Ergonomics Program)

FESHM 6020.3 (Installation of flammable gas lines in or near cable trays)

FESHM 9030 (Aviation safety)

FIFRA, 7 USC 136 et seq.

FRCM Article 362 (X-Ray Generating Devices & Radiography Sources)

FRCM Article 411 (Radioactive material identification, storage and control - requirements)

Handbook for Sampling & Sample Preservation of Water and Wastewater, EPA-600/4-82-029

Illinois Chemical Safety Act, 430 ILCS 45/1 et seq.

Illinois Compiled Statutes (ILCS) Chapter 625 (State vehicle code)

Illinois Department of Public Health, DuPage County Dept. Public Health. CDC December 7,1990

Illinois Endangered Species Protection Act, 520 ILCS 10/1 et seq.

Illinois Ground Water Protection Act, 415 ILCS 55/1 et seq.

Illinois Health and Safety Act, 820 ILCS 225/1 et seq.

Illinois Pesticide Act, 415 ILCS 60/1 et seq.

Illinois Structural Pesticide Act, 225 ILCS 235/1 et seq.

Kane County Health Department Ordinance 91-101 Water Well Code

National Fire Protection Association National Fire Codes (NFPA Standards - applicable portions)

National Historic Preservation Act of 1966 [amended], 16 USC 470 et seq.

Native American Graves Protection and Repatriation Act of 1990, 25 USC 3001 et seq.

NEPA, 42 USC 4321 et seq.

OSH Act, 29 USC 654(a)(1) -- General duty clause.

Privacy Act of 1974, 5 USC 552a

RCRA Part B Permit (Illinois Log #131), including Emergency Contingency plan

RCRA, 42 USC 6901 et seq.

Recommended standards for Water Works, Great Lakes Upper Mississippi R. Bd. of State Public Health & Environmental Managers (1992)

Safe Drinking Water Act, 42 USC 300f et seq.

SFAR 62 (Suspension of certain aircraft operations from the transponder...)

Standard Methods for the Examination of Water and Wastewater, 18th Ed., APHA (1992)

Standards and Specifications for Soil Erosion and Sediment Control, 10/87, IEPA 87-102

TSCA, 15 USC 2601 et seq.

UL Listing

Uniform Federal Accessibility Standards, Chapter 4, Accessible Elements and Spaces: Scope and Technical Requirements

HNF-EP-0063 Rev. Hanford Site Solid Waste Acceptance Criteria

Rather than attempt a precise analysis of all necessary standard citations to exclude non-applicable parts, inclusive citations were made qualified by the phrase "applicable and enforceable parts thereof."

To the extent these standards apply to DOE and not the contractor, the contractor will assist DOE in complying with them.

This Set does not change any existing Federal, State or local enforcement authority.

For standards not applicable as a matter of law (other than FESHM provisions), the applicable version shall be the revision in effect on July 14, 1995, unless otherwise indicated. For FESHM provisions, the applicable version shall be the most recent version established through the procedures set forth in Appendix J.

Fermi National Accelerator Laboratory

Procedures for Implementing and Changing

the Work Smart Standards Set

(a) The Parties shall endeavor to keep apprised of changes to standards in the Set. In accordance with Clause I.79 LAWS, REGULATIONS, AND DOE DIRECTIVES, paragraphs (a), (b) and (c), any changes to the existing Set of standards shall be addressed as follows:

(1) If the standard is a requirement applicable by law, the changed standard shall supersede the standard in the Set and become the new standard, effective immediately.

(2) If the standard is a DOE directive or part thereof, the Contracting Officer may direct substitution of the changed standard, subject to the Contractor’s rights under Clause I.79, including the rights of notice, review, and comment.

(3) If the standard is not a DOE directive and not required by law, the Contractor may substitute the changed standard, including a modification of an internal standard, with notice to the Contracting Officer if the change does not affect the level of protection. If the change in the standard does affect the level of protection, the change requires the approval of the Contracting Officer.

(4) If the standard is not a DOE directive and not required by law, the Contracting Officer may direct (i) substitution of a changed standard or (ii) modification of an internal standard, unless, within 30 days from receipt of notification of the change from the Contracting Officer, the Contractor submits the matter to the Agreement Parties for a decision. If the Agreement Parties determine that the modified standard is necessary, the Contractor shall take all appropriate measures to comply with the change in the standard.

(b) The Parties shall periodically review and revalidate the Set of standards set forth in this Appendix I. The work smart standards process may be re-initiated by any Agreement Party upon a determination that the existing Set is no longer appropriate due to changes in mission, activity, degree of hazard, performance expectation, or knowledge. Approval of any revised Set shall be by the Agreement Parties, and Appendix I will be revised accordingly by formal modification to this contract.

(c) The Contractor and Contracting Officer shall identify and, if appropriate, agree to, any changes to contract terms and conditions, including cost and schedule, associated with a change to the Set or to a standard in the Set.

(d) In accordance with Clause I.79, paragraph (c), if the tailored set of requirements identifies an alternative requirement varying from an ES&H requirement of an applicable law or regulation, the contractor shall request an exemption or other appropriate regulatory relief specified in the regulation.

(e) In the event that the Contractor determines it is not in compliance with, or cannot comply with, any standard in the Set, the Contractor shall notify, in writing, the Contracting Officer of such actual or anticipated noncompliance and shall propose the corrective action to be taken. After receipt of authorization from the Contracting Officer, the Contractor shall, within a reasonable time agreed upon by the Parties, take the agreed upon corrective action.

(f) For purposes of this Article, the term "Agreement Parties" means the President, Universities Research Association, Inc.; the Director, High Energy Physics Division, Office of Science DOE; and the Manager, DOE Fermi Area Office.