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Chapter 1: Federal Facility Cleanup Response Authorities and Orders
This chapter contains documents that are specifically related to federal facility cleanup response. One of the goals of EPA's Federal facilities cleanup program is to facilitate faster, more effective, and less costly cleanups. The documents in this chapter focus on issues related to statutory authority, cleanup agreements, National Priorities List (NPL) and docket listings, remedy selection, corrective action and closure, and innovative technologies. The documents in this chapter are organized as follows:
- Statutory Authority
- Executive Orders
- Department of Defense
- Department of Energy
- U.S. Environmental Protection Agency
Statutory Authority
Federal Facility Compliance Act of 1992 (Most Recent Action: 09/25/92 -- Signed in the Senate) (http://www.labtrain.noaa.gov/ppguide/ffpp_55.htm)
This Act from Congress states that Federal facilities have to comply with the Solid Waste Disposal Act and are subject to fines and penalties.The National Environmental Policy Act of 1969, as amended (Most Recent Amendment: 09/13/82) (http://ceq.hss.doe.gov/laws_and_executive_orders/the_nepa_statute.html)
An Act to establish a national policy for the environment, to provide for the establishment of a Council on Environmental Quality, and for other purposes.Resource Conservation and Recovery Act (RCRA) Enforcement Policy and Guidance (http://cfpub.epa.gov/compliance/resources/policies/civil/rcra/)
EPA's RCRA Enforcement Division maintains the RCRA Enforcement Policy and Guidance Compendium with the policy and guidance and other documents that are currently used in RCRA Enforcement.Comprehensive Environmental Response, Compensation, and Liability Act: Federal Facilities (42 U.S.C. 9620)
(http://www.law.cornell.edu/uscode/42/usc_sec_42_00009620----000-.html)
This document establishes the framework in which cleanup is to be carried out.Summary of Key Statutes That Affect Federal Facilities (http://www.epa.gov/fedfac/documents/keystat.htm)
Executive Orders
Executive Order - Overview of Executive Orders Affecting Federal Facilities (http://www.epa.gov/fedfac/documents/execord.htm)
Orders that direct federal agencies and facilities to become leaders in environmental protection and stewardship (1978-2003).Executive Order 13308: Further Amendment to Executive Order 12580, as Amended, Superfund Implementation (06/20/03) (http://www.gpo.gov/fdsys/search/pagedetails.action?granuleId=03-16102&packageId=FR-2003-06-24)
Amendment to Executive Order 12580, signed by President George W. Bush.Executive Order 13175: Consultation and Coordination With Indian Tribal Governments (11/06/2000) (http://www.gpo.gov/fdsys/search/pagedetails.action?granuleId=00-29003&packageId=FR-2000-11-09)
The purpose of this document is to assist in establishing regular and meaningful consultation and collaboration with tribal officials in the development of Federal policies that have tribal implications, to strengthen the United States government-to-government relationships with Indian tribes, and to reduce the imposition of unfunded mandates upon Indian tribes;Executive Order 13016: Amendment to Executive Order No. 12580 (08/28/96) (http://www.gpo.gov/fdsys/search/pagedetails.action?granuleId=96-22462&packageId=FR-1996-08-30)
This is an amendment to EO 12580 made by President Clinton.Executive Order 12969: Federal Acquisition and Community Right-To-Know (08/08/1995) (http://www.gpo.gov/fdsys/search/pagedetails.action?granuleId=95-19972&packageId=FR-1995-08-10)
E.O. 12969 requires federal agencies, to the greatest extent practicable, to contract for supplies and services with companies that report publicly on the toxic chemicals they release into the environment.Executive Order 12902: Energy Efficiency and Water Conservation at Federal Facilities (PDF) (9 pp, 34K) (03/08/1994) (http://www.archives.gov/federal-register/executive-orders/pdf/12902.pdf)
E.O. 12902 establishes agency goals and reporting requirements for increasing energy and water efficiency at Federal facilities.EPA Insight Policy Paper: Executive Order #12898 on Environmental Justice (02/11/94) (http://www.epa.gov/fedfac/documents/executive_order_12898.htm)
Executive Order 12856: Federal Compliance With Right-to-Know Laws and Pollution Prevention Requirements (PDF) (7 pp, 29K, About PDF) (08/03/93) (http://www.archives.gov/federal-register/executive-orders/pdf/12856.pdf)
This EO deals with citizens' right-to-know and federal agencies having pollution prevention requirements.Executive Order 12580--Superfund implementation (10/13/87) (http://www.archives.gov/federal-register/codification/executive-order/12580.html)
Executive Order 12146: Management of Federal Legal Resources (1979) (07/18/79) (http://www.archives.gov/federal-register/codification/executive-order/12146.html)
Executive Order 12088--Federal compliance with pollution control standards (10/13/78) (http://www.archives.gov/federal-register/codification/executive-order/12088.html)
Department of Defense
Department of Defense Restoration Advisory Boards (PDF) (12 pp, 51K, About PDF) (05/12/2006) (http://www.nwk.usace.army.mil/projects/mead/RAB/RAB_Rule_2006.pdf)
DoD developed this rule regarding the scope, characteristics, composition, funding, establishment, operation, adjournment, and dissolution of Restoration Advisory Boards.Relative Risk Site Evaluation within the Department of Defense Cleanup Program (PDF) (25 pp, 865K, About PDF) (http://www.denix.osd.mil/derp/upload/relrisk_app_e1.pdf)
This revised edition of the Primer provides information on the relative risk site evaluation framework being used by the Department of Defense (DoD), in concert with stakeholders.Restoration Advisory Board (RAB) Implementation Guidelines (http://www.epa.gov/fedfac/documents/rab.htm)
The United States Environmental Protection Agency (EPA) and the Department of Defense (DoD) recognize the importance of public involvement at military installations that require environmental restoration. Therefore, EPA and DoD have developed joint Restoration Advisory Board (RAB) guidelines.Final Department of Defense - State Memorandum of Agreement (DSMOA) (http://www.epa.gov/fedfac/documents/swp789.htm)
Final version of the model Department of Defense State Memorandum of Agreement (DSMOA), developed by the Association of State and Territorial Solid Waste Management Officials (ASTSWMO) and the Department of Defense (DoD) with assistance from representatives of the National Association of Attorneys General (NAAG) and the National Governors' Association (NGA).Agreements for NPL Sites -- Interim Guidance Material (http://www.epa.gov/fedfac/documents/asd488.htm)
Department of Energy
Joint DOE/EPA Interim Policy Statement on Leasing Under the "Hall Amendment" (http://www.epa.gov/fedfac/documents/hall.htm)
This joint statement between DOE and EPA provides interim policy on processing proposals for leasing DOE real property using the authority in 42 U.S.C. 7256 commonly referred to as the "Hall Amendment." The "Hall Amendment provides EPA the authority to concur in the DOE determination that the terms and conditions of the lease agreement are "consistent with safety and protection of public health and the environment" for proposed leasing of real property under the "Hall Amendment" at facilities on the NPL.Site-Specific Advisory Board Final Guidance (http://www.epa.gov/fedfac/documents/oem196.htm)
Final guidance providing recommended procedures for establishing and maintaining the SSAB at the site-level.Distribution of the Measures of Success of the Streamlined Approach for Environmental Restoration Pilot Projects Report (http://www.epa.gov/fedfac/documents/pilotpro.htm)
Operable units at Savannah River, Oak Ridge, Mound, and Hanford were selected as the Streamlined Approach for Environmental Restoration pilot projects. The attached report summarizes the results of the pilots through the end of fiscal year 1995.Policy on Decommissioning Department of Energy Facilities Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (http://www.em.doe.gov/dandd/inqbt.aspx)
The policy establishes the approach agreed upon by the Environmental Protection Agency (EPA) and the Department of Energy (DOE) for decommissioning surplus DOE facilities consistent with the requirements of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).Policy on Future Environmental Compliance Agreements (http://www.epa.gov/fedfac/documents/042789.htm)
Memo describing committment to environmental compliance and cleanup at all of the Department of Energy's facilities.Negotiation of Consent Decrees, Compliance Agreements and any Similar Agreements (http://www.epa.gov/fedfac/documents/031789.htm)
Memo issued to Operations Office Managers concerning their plans for negotiating environmental compliance agreements in fiscal year 1989.Department of Energy Compliance Agreements (http://www.epa.gov/fedfac/documents/122088.htm)
Memorandum identifies priorities for Department of Energy (DOE) compliance activities related to the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the Superfund Amendments and Reauthorization Act (SARA), and the Resource Conservation and Recovery Act (RCRA).Environmental Compliance Issue Coordination (http://www.epa.gov/fedfac/documents/doe887.htm)
Document covers the Department of Energy (DOE) requirements for coordination of significant environmental compliance issues to ensure timely development and consistent application of Departmental environmental policy and guidance.
U.S. Environmental Protection Agency
Federal Facilities Resource Conservation and Recovery Act
Federal facilities enforcement and compliance RCRA program documents.EPA Policy Towards Privately-Owned Formerly Used Defense Sites (http://www.epa.gov/fedfac/documents/final_fuds_policy_with_ltrhead.htm)
Strengthening Brownfields Redevelopment (http://www.epa.gov/fedfac/documents/sean.htm)
EPA Solid Waste and Emergency Response, November 1998Final Guidance for Incorporating Environmental Justice Concerns in EPA's NEPA Compliance Analyses (April 1998) (PDF) (76 pp, 303K, About PDF) (http://www.epa.gov/region1/ej/pdfs/ej_guidance_nepa_epa0498.pdf)
This guidance is intended to improve the internal management of EPA with respect to environmental justice under NEPA.Listing and Deletion Policy for Federal Facilities (http://www.gpo.gov/fdsys/search/pagedetails.action?granuleId=97-30518&packageId=FR-1997-11-24)
Notice of interim final policy statement.Application of the CERCLA Municipal Landfill Presumptive Remedy to Military Landfills (PDF) (18 pp, 1.5MB) (http://www.epa.gov/superfund/policy/remedy/presump/finalpdf/mil.pdf)
This directive provides guidance on applying the containment presumptive remedy to military landfills.Federal Facilities Streamlined Oversight Directive (PDF) (12 pp, 34K) (http://www.epa.gov/superfund/programs/reforms/docs/strovr.pdf)
Iniative similar to the Superfund Reform initiative proposed by Carol Browner on October 2, 1995, designed to reduce oversight activities at sites where there are cooperative private parties that are performing quality work.Coordination Between RCRA Corrective Action and Closure and CERCLA Site Activities (PDF) (9 pp, 553K) (http://www.epa.gov/superfund/policy/remedy/pdfs/rcracorraction-mem.pdf)
Memo from EPA to Region I-X RCRA/CERCLA National Policy Managers discussing three areas: acceptance of decisions made by other remedial programs; deferral of activities and coordination among EPA RCRA, EPA CERCLA and state/tribal cleanup programs; and coordination of the specific standards and administrative requirements for closure of RCRA regulated units with other cleanup activities.Remedy Selection and Land Use at Federal Facilities (PDF) (82 pp, 2MB, About PDF) (August 1996) (http://www.epa.gov/fedfac/pdf/fedrpt.pdf)
This report presents the results of an examination of remedy selection at Federal Facility Superfund sites on the National Priorities List (NPL).Guidance for Evaluation of Federal Agency Demonstrations that Remedial Actions are Operating Properly and Successfully Under CERCLA Section 120(h)(3) (http://www.epa.gov/fedfac/documents/896mm.htm)
This guidance is intended to provide direction to Environmental Protection Agency (EPA) Regional Federal Facility programs concerning the implementation of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) section 120(h)(3).Procedures for Partial Deletions at NPL Sites (http://www.epa.gov/fedfac/documents/430memo.htm)
The purpose of this guidance is to define the requirements for partial deletions at National Priorities List (NPL) sites.Promotion of Innovative Technologies in Waste Management Programs (OSWER Policy Directive 9380.0-25) (PDF) (7 pp, 19K) (http://www.clu-in.org/download/reg/itpolmem.pdf)
This directive describes several initiatives to facilitate the testing, demonstration, and use of innovative cleanup and field measurement technologies.61 FR 16068 - National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List (http://www.gpo.gov/fdsys/search/pagedetails.action?granuleId=96-8818&packageId=FR-1996-04-11)
Notice of intent for partial deletion of the RSR Corporation Superfund Site from the National Priorities List. Federal Register Volume 61, Issue 71 (April 11, 1996)Final Report of the Federal Facilities Environmental Restoration Dialogue Committee - April 1996 (PDF) (http://nepis.epa.gov/Exe/ZyPURL.cgi?Dockey=20012GLI.txt)
Consensus Principles and Recommendations for Improving Federal Facilities Cleanup60 FR 55466 - Notice of Policy Change: Partial Deletion of Sites Listed on the National Priorities List (http://www.gpo.gov/fdsys/search/pagedetails.action?granuleId=95-27069&packageId=FR-1995-11-01)
Land Use in the CERCLA Remedy Selection Process (PDF) (11 pp, 915K) (http://www.epa.gov/superfund/community/relocation/landuse.pdf)
60 FR 14641 - The National Priorities List for Uncontrolled Hazardous Waste Sites; Deletion Policy for Resource Conservation and Recovery Act Facilities (http://www.gpo.gov/fdsys/search/pagedetails.action?granuleId=95-6673&packageId=FR-1995-03-20)
Guidance on Accelerating CERCLA Environmental Restoration at Federal Facilities (http://www.epa.gov/fedfac/documents/822memo.htm)
The purpose of this guidance is to encourage and support efforts at Federal facilities to accelerate and develop streamlined approaches to the cleanup of hazardous waste.EPA Policy for Innovative Environmental Technologies at Federal Facilities (http://www.epa.gov/fedfac/documents/819memo.htm)
Letter by EPA Administrator Carol M. Browner, supporting the promotion and development of technological solutions for environmental protection.40 CFR 300.440 - Procedures for Planning and Implementing Off-Site Response Actions (http://www.gpo.gov/fdsys/search/pagedetails.action?granuleId=CFR-2009-title40-vol27-sec300-440&packageId=CFR-2009-title40-vol27)
Acts to regulate any remedial or removal action involving the off-site transfer of any CERCLA waste that is conducted by EPA, PRPs, or other federal agency. This newer rule supersedes and replaces any previous rule or policy regarding off-site transport of waste.Response Actions at Sites with Contamination Inside Buildings (PDF) (6 pp, 102K) (http://www.epa.gov/oerrpage/superfund/resources/remedy/pdf/93-60312-s.pdf)
This directive transmits guidance on the use of authority under §104(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, to conduct response actions to address releases of hazardous substances, pollutants, or contaminants that are found within buildings.Policy for Superfund Compliance With the RCRA Land Disposal Restrictions (PDF) (9 pp, 554K) (http://www.epa.gov/superfund/policy/remedy/pdfs/93-47102.pdf)
The purpose of this memo is to transmit the Superfund policy for complying with the RCRA land disposal restrictions (LDRs) at Superfund sites.Clarification of Interim Status Qualification Requirements for the Hazardous Components of Radioactive Mixed Waste (53FR37045) (PDF) (4 pp, 2.5MB, About PDF) (http://www.epa.gov/fedfac/pdf/npl032095.pdf)
Off-site Policy: RFA or Equivalent Investigation Requirement at RCRA Treatment and Storage Facilities (http://www.epa.gov/fedfac/documents/epa188.htm)
From F. Winston Porter, Assistant Administrator to Region I-X Waste Management Division Directors.Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities; Final Rule (52FR8704) (PDF) (4 pp, 2.3MB, About PDF) (http://www.epa.gov/fedfac/pdf/interim_status_40_cfr.pdf)
Amendment of interim status regulations for closing and providing post closure care for hazardous waste surface impoundments (40 CFR Part 265, Subpart K), under the Resource Conservation and Recovery Act (RCRA).Federal Register Notice: State Authorization To Regulate the Hazardous Components of Radioactive Mixed Wastes Under the Resource Conservation and Recovery Act (http://www.epa.gov/fedfac/documents/fedreg.htm)
Notice published by the EPA that in order to obtain and maintain authorization to administer and enforce a hazardous waste program pursuant to Subtitle C of the Resource Conservation and Recovery Act (RCRA), States must have authority to regulate the hazardous components of "radioactive mixed wastes."Resource Conservation and Recovery Act (RCRA) Enforcement Policy and Guidance (http://cfpub.epa.gov/compliance/resources/policies/civil/rcra/)
EPA's RCRA Enforcement Division maintains the Compendium with the policy and guidance and other documents that are currently used in RCRA Enforcement.RCRA Corrective Action (http://www.epa.gov/epawaste/hazard/correctiveaction/index.htm)
The RCRA Corrective Action Program, run by EPA and 41 authorized states and territories, compels responsible parties to address the investigation and cleanup of hazardous releases themselves. RCRA Corrective Action differs from Superfund in that Corrective Action sites generally have viable operators and on-going operations.RCRA Online (http://www.epa.gov/epawaste/inforesources/online/index.htm)
The RCRA Online database is designed to enable users to locate documents, including publications and other outreach materials that cover a wide range of RCRA issues and topics.