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Chapter 3: Federal Facility Enforcement at U.S. EPA
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This chapter contains documents that are related specifically to enforcement of environmental laws at Federal facilities. Enforcement at Federal facilities is the responsibility of EPA's Federal Facilities Enforcement Office (FFEO). FFEO administers numerous programs that facilitate the cleanup of Federal facilities, as well as foster improved environmental compliance. The programs range from direct involvement in enforcement negotiations to technical assistance and training. The documents in this chapter pertain to enforcement negotiations and actions, federal facility and interagency agreements, and placement of Federal facilities on the NPL.
The Yellow Book: Guide to Environmental Enforcement and Compliance at Federal Facilities (February 1999) (PDF) (362 pp, 2.3MB) (http://www.epa.gov/Compliance/resources/publications/civil/federal/yellowbk.pdf)
Created to assist Federal agencies in meeting mandated requirements under various laws and Executive Orders. Also serves as a roadmap for Federal agency compliance.Model Supplemental Environmental Project Consent Agreement and Order (January 1999) (PDF) (9 pp, 29K) (http://www.epa.gov/Compliance/resources/policies/civil/seps/sepcafo.pdf)
Model EPA Consent Agreement and OrderBrownfield Sites and Supplemental Environmental Projects (SEPs) (November 2006) (PDF) (5 pp, 78K) (http://www.epa.gov/compliance/resources/publications/cleanup/brownfields/brownfield-seps.pdf)
Submitted by the Office of Site Remediation Enforcement Policy and Program Evaluation Division 2237A.Final EPA Supplemental Environmental Projects Policy Issued (May 5, 1998) (http://www.epa.gov/fedrgstr/EPA-GENERAL/1998/May/Day-05/g11881.htm)
The primary purpose of this Policy is to encourage and obtain environmental and public health protection and improvements that may not otherwise have occurred without the settlement incentives provided by this Policy.Issuance of Final Supplemental Environmental Projects Policy (April 10, 1998) (PDF) (23 pp, 57K) (http://www.epa.gov/ogwdw/wsg/wsg_119.pdf)
Final Supplemental Environmental Projects (SEP) Policy, effective May 1, 1998. Supersedes the Interim SEP Policy.Federal Facilities Negotiations Policy (August 10, 1989) (PDF) (11 pp, 422K) (http://www.epa.gov/compliance/resources/policies/federalfacilities/enforcement/cleanup/negotiations_federalfacilities.pdf)
Letter discussing specific tools and procedures in place to resolve RCRA and CERCLA compliance and cleanup issues and the concern for managing the process so that these issues are resolved in a timely and efficient manner.Enforceability of Section 120 Federal Facility Agreements (August 7, 1989) (http://www.epa.gov/fedfac/documents/epa889.htm)
This letter is in response to your request for the Justice Department's views on the enforceability of agreements developed under Section 120 of the Comprehensive Environmental Response, compensation, and Liability Act ("CERCLA"), 42 U.S.C. § 9601 et seq.Enforceability of IAGs Using CERCLA Section 310 (April 5, 1989) (http://www.epa.gov/fedfac/documents/040589.htm)
Letter in response to concerns expressed about the Citizen's Suit provisions of CERCLA section 310. Submitted by Gordon Davidson, Deputy Director, Federal facilities Hazardous Waste Compliance OfficeEnforceability of Hanford Agreement Under CERCLA Section 310 (February 26, 1989) (http://www.epa.gov/fedfac/documents/022689.htm)
Letter attachment accompanying the Hanford Agreement.Agreement with the Department of Defense -- Model Provisions for CERCLA Federal Facility Agreements (June 17, 1988) (PDF) (39 pp, 1.2MB) (http://www.denix.osd.mil/derp/upload/envirodod_FFA_Model.pdf)
Agreement with the Department of Energy -- Model Provisions for CERCLA Federal Facility Agreements (May 27, 1988) (http://www.epa.gov/fedfac/documents/epa588.htm)
Model language for key provisions of CERCLA Federal Facility Agreements with the Department of Energy (DOE). This language has been mutually agreed to by EPA and DOE Headquarters.
Guidance for General Enforcement Actions
Interim Guidance Regarding Criteria Landowners Must Meet in Order to Qualify for Bona Fide Prospective Purchaser, Contiguous Property Owner, or Innocent Landowner Limitations on CERCLA Liability ("Common Elements") (March 6, 2003) (PDF) (22 pp, 366K) (http://www.epa.gov/Compliance/resources/policies/cleanup/superfund/common-elem-guide.pdf)
This memorandum transmits the guidance and model agreement concerning prospective purchasers of contaminated Superfund property. The attached guidance supersedes the Agency policy issued in June 1989, entitled "Guidance on Landowner Liability under Section 107(a) of CERCLA, De Minimis Settlements under Section 122(g)(1)(B) of CERCLA, and Settlements with Prospective Purchasers of Contaminated Property" (OSWER Directive No. 9835.9 and 54 F.R. 34235 (Aug. 18, 1989).Guidance for EPA Participation in DOE FY 1998 Environmental Management Budget Formulation (May 16, 1996) (PDF) (12 pp, 494K) (http://www.epa.gov/compliance/resources/policies/federalfacilities/enforcement/cleanup/epa_doe_budget.pdf)
The purpose of this memorandum is to promote national consistency in EPA's response to the invitation contained in the guidance issued by DOE's Environmental Management (EM) program for participation in the budget formulation process.OECA/Regional Procedures for Civil Judicial and Administrative Enforcement Case Redelegation (November 8, 1994) (PDF) (15 pp, 783K) (http://www.epa.gov/compliance/resources/policies/civil/rcra/civjudadmcase-mem.pdf)
Procedures for implementing Steven Herman's July 11, 1994 memorandum on "Redelegation of Authority and Guidance on Headquarters Involvement in Regulatory Enforcement Cases" ("Redelegations Memorandum").EPA Enforcement Policy for GOCO Facilities (http://www.epa.gov/fedfac/documents/goco_facilities.htm)
Guidance for Site Remediation Enforcement Actions
Request to Finalize Revisions to CERCLA Delegation of Authority 14-21-A, Consultations, Reviews, and Selection of Remedial Actions (September 30, 1998) (http://www.epa.gov/fedfac/documents/cercla_delegations.htm)
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA): 14-21-A. Consultations, Determinations, Reviews, and Selection of Remedial Actions at Federal facilitiesCivil Judicial and Administrative Site Remediation Enforcement Cases (May 19, 1995) (http://www.epa.gov/fedfac/documents/051995.htm)
This memorandum and its attachment follow up that July 11, 1994 redelegation of regulatory enforcement matters.Procedures and Criteria for Department of Justice Concurrence in EPA Administrative Orders to Federal Agencies (December 27, 1988) (http://www.epa.gov/fedfac/documents/jus1288.htm)
The Final version of the Justice Department's Procedures and Criteria for concurrence in proposed EPA administrative orders to federal agencies.Office of Enforcement and Compliance Assurance (OECA) (http://www.epa.gov/compliance/)
Department of Defense's Defense Environmental Restoration Program (http://www.denix.osd.mil/derp/)
Superfund Remedy Decisions (http://www.epa.gov/superfund/policy/remedy/sfremedy/index.htm)
Superseded Remedy Guidance Documents (http://www.epa.gov/superfund/policy/remedy/sfremedy/supersede.htm)
Notes
This document is provided for background and information purposes only. The policy, guidance, and information provided in this document may have been superseded by more recent documents or actions. It is recommended that you consult with appropriate EPA Headquarters FFRRO staff or FFEO staff before relying on the information in this document.
While this guidance communicates the DoD policy framework for asbestos, lead-based paint, and radon, the document may not fully comply with CERCLA requirements.
This document is provided for background and information purposes only. The policy, guidance, and information provided in this document may have been superseded by more recent documents or actions. It is recommended that you consult with appropriate EPA Headquarters FFRRO staff or FFEO staff before relying on the information in this document.
This policy is being revised to reflect recent statutory changes to CERCLA.