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)
  This Act from Congress states that Federal facilities have to comply with the Solid Waste Disposal Act and are subject to fines and penalties.
  
  
• National Environmental Policy Act of 1969 (Most Recent Amendment: 09/13/82)
  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
  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 (42 U.S.C. § 9620), Section 120 as amended
  This document establishes the framework in which cleanup is to be carried out.
  
  
• Table Summarizing Key Statutes That Affect Federal Facilities
  Summary of Key Statutes that Affect Federal facilities.
  
  

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• Executive Order - Overview of Executive Orders Affecting Federal Facilities
  Orders that direct federal agencies and facilities to become leaders in environmental protection and stewardship (1978-2003).
  
  
• Executive Order: Further Amendment to Executive Order 12580, as Amended, Superfund Implementation  (06/20/03) (PDF, 2 pages, 12 KB). Amendment to EO12580, signed by President George W. Bush.



• Executive Order on Consultation and Cooperation with Tribal Governments  (11/06/2000)
  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 (1996)  (08/28/96)
  This is an amendment to EO 12580 made by President Clinton.
  
  
• Executive Order: Federal Acquisition; Community Right-to-Know; Toxic Chemical Release Reporting (08/08/1995)
  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: Energy Efficiency and Water Conservation at Federal Facilities (03/08/1994)
  E.O. 12902 establishes agency goals and reporting requirements for increasing energy and water efficiency at Federal facilities.
  
  
• Executive Order 12898: Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (1994)  (02/11/94)
  
  
• Executive Order 12856: Federal Compliance With Right-to-Know Laws and Pollution Prevention Requirements (1993) (08/03/93) (PDF, 7 pages, 29KB). This EO deals with citizens' right-to-know and federal agencies having pollution prevention requirements.
  
  
• Executive Order 12580: Superfund Implementation (1987)  (10/13/87)
  This document is EO 12580 regarding Superfund implementation.
  
  
• Executive Order 12146: Management of Federal Legal Resources (1979)  (07/18/79)
  This document is EO 12146 and discusses legal matters within the federal government.
  
  
• Executive Order 12088: Federal Compliance With Pollution Control Standards (1978)  (10/13/78)
  This document is EO 12088 regarding Federal compliance with pollution control standards.
  
  

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• DoD's Final RAB Rule (05/12/2006)
  DoD developed this rule regarding the scope, characteristics, composition, funding, establishment, operation, adjournment, and dissolution of Restoration Advisory Boards.
  
  
• Relative Risk Site Evaluation Primer, Department of Defense, Summer 1996 (Revised Edition).
  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.
  
  
• Guide to Partnering for Environmental Projects, Naval Facilities Engineering Command, September 1995
  DoD's partnering commitment at all levels of the DoD restoration program is illustrated by the examples in this document.



• Restoration Advisory Board (RAB) Implementation Guidelines, Department of Defense and U.S. Environmental Protection Agency, September 27, 1994
  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.



• Model Department of Defense - State Memorandum of Agreement (DSMOA), Association of State and Territorial Solid Waste Management Officials, July 18, 1989
  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).



• DoD Memorandum, Agreements for National Priority Listing Sites - Interim Guidance Manual, Office of the Assistant Secretary of Defense, Production and Logistics, April 18, 1988 ⁽¹⁾
  Agreements for NPL Sites -- Interim Guidance Material

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• Joint DOE/EPA Interim Policy Statement on Leasing Under the "Hall Amendment", June 30, 1998 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, Department of Energy, January 18, 1996
  Final guidance providing recommended procedures for establishing and maintaining the SSAB at the site-level.
  
  
• Streamlined Approach for Environmental Restoration (SAFER) Pilot Project Final Report, Department of Energy and U.S. Environmental Protection Agency, January 1996
  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 of DOE Facilities Under CERCLA, Department of Energy and U.S. Environmental Protection Agency, May 22, 1995
  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).
  
  
• DOE Memorandum: Policy on Future Environmental Compliance Agreements, Secretary of Energy, April 27, 1989
  Memo describing committment to environmental compliance and cleanup at all of the Department of Energy's facilities.
  
  
• DOE Memorandum: Negotiation of Consent Decrees, Compliance Agreements and Any Similar Agreements, Secretary of Energy, March 17, 1989
  Memo issued to Operations Office Managers concerning their plans for negotiating environmental compliance agreements in fiscal year 1989.
  
  
• DOE Memorandum: DOE Compliance Agreements, Department of Energy, December 20, 1988
  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).
  
  
• DOE Order: Environmental Compliance Issue Coordination, Department of Energy, August 13, 1987
  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.
  
  

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U.S. Environmental Protection Agency

• Federal Facilities Resource Conservation and Recovery Act (1993-2002)
  Federal facilities enforcement and compliance RCRA program documents.
  
  
• EPA Policy Towards Privately-Owned Formerly Used Defense Sites (03/21/2002)



• EPA Federal Facilities: Strengthening Brownfields Redevelopment
  EPA Solid Waste and Emergency Response, November 1998
  
  
• Final Guidance For Incorporating Environmental Justice Concerns in EPA’s NEPA Compliance Analyses (April 1998)
  This guidance is intended to improve the internal management of EPA with respect to environmental justice under NEPA.
  
  
• Listing Policy for Federal Facilities, 40 CFR Part 300 (11/13/1997)
  Notice of interim final policy statement.
  
  
• Military Munitions Rule: Hazardous Waste Identification and Management; Explosives Emergencies; Manifest Exemption for Transport of Hazardous Waste on Right-of-Ways on Contiguous Properties; Final Rule, 62 F.R. 6622 - 6657, February 12, 1997
  
  
• Application of the CERCLA Municipal Landfill Presumptive Remedy to Military Landfills (Interim Guidance), Quick Reference Fact Sheet, U.S. Environmental Protection Agency, December 1996 (OSWER Directive No. 9355.0-67FS)
  This directive provides guidance on applying the containment presumptive remedy to military landfills.
  
  
• Federal Facilities Streamlined Oversight Directive, U.S. Environmental Protection Agency, November 29, 1996 (OSWER Directive No. 923 0.0-75)
  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.
  
  
• Memorandum: Coordination Between RCRA Corrective Action and Closure and CERCLA Site Activities, U.S. Environmental Protection Agency, September 24, 1996
  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 (August 1996) (PDF, 82 pages, 2.04MB). 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), U.S. Environmental Protection Agency, (Interim) August 1996
  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 National Priority Listing Sites, U.S. Environmental Protection Agency, April 30, 1996 (OERR Directive 9320.2-1 1)
  The purpose of this guidance is to define the requirements for partial deletions at National Priorities List (NPL) sites.
  
  
• Initiatives to Promote Innovative Technology in Waste Management Programs, U.S. Environmental Protection Agency, April 29, 1996 (OSWER Directive 9380.0-25)
  This directive describes several initiatives to facilitate the testing, demonstration, and use of innovative cleanup and field measurement technologies.
  
  
• Attachment D: Example Partial Deletion NOID - National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List
  Notice of intent for partial deletion of the RSR Corporation Superfund Site from the National Priorities List. Federal Register: April 11, 1996 (Volume 61, Number 71)
  
  
• Final Report of the Federal Facilities Environmental Restoration Dialogue Committee: Table of Contents (April 1996)
  Consensus Principles and Recommendations for Improving Federal facilities Cleanup (PDF, 82 pages, 2.04MB).
  
  
• Attachment A: Partial Deletion Policy, Federal Register Notice - Federal Register: November 1, 1995 (Volume 60, Number 211)
  
  
• Land Use in the CERCLA Remedy Selection Process, U.S. Environmental Protection Agency, May 25, 1995 and June 7, 1995 cover letter (OSWER Directive 9355.7-04)
  
  
• The National Priorities List for Uncontrolled Hazardous Waste Sites; Deletion Policy for Resource Conservation and Recovery Act Facilities, 60 F.R. 14641 14645, March 20, 1995 (PDF, 4 pages, 2.5MB).
  
  
• Guidance on Accelerating CERCLA Environmental Restoration at Federal Facilities, U.S. Environmental Protection Agency, Department of Defense and Department of Energy, August 22, 1994
  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, U.S. Environmental Protection Agency, August 19, 1994
  Letter by EPA Administrator Carol M. Browner, supporting the promotion and development of technological solutions for environmental protection.
  
  
• Procedures for Planning and Implementing Off-Site Response Actions" (September 1993) 40 C.F.R 300.440 (58 Fed. Reg. 49200) (PDF, 5 pages, 89KB). 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. [5 p.]
  
  
• Response Actions at Sites with Contamination Inside Buildings, U.S. Environmental Protection Agency August 12, 1993 (OSWER Directive 9360.3-12)
  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, U.S. Environmental Protection Agency, April 17, 1989, (OSWER Directive 9347.1-02)
  The purpose of this memo is to transmit the Superfund policy for complying with the RCRA land disposal restrictions (LDRs) at Superfund sites.
  
  
• Listing Policy for Federal Facilities, 40 CFR Part 300, 54 F.R., 10520, March 13, 1989 ⁽⁴⁾
  Notice of interim final policy statement.
  
  
• Clarification of Interim Status Qualification Requirements for the Hazardous Components of Radioactive Mixed Waste, 53 Federal Register (FR) 37045 - 37048, September 23, 1988 (PDF, 4 pages, 2.52MB). Clarification notice.
  
  
• RCRA Facility Assessment or Equivalent Investigation Requirements at RCRA Treatment and Storage Facilities, U.S. Environmental Protection Agency, January 4, 1988
  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, 52 F.R. 8704 - 8707, March 19, 1987 (PDF 4, pages, 2.3MB).
  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).
  
  
• State Authorization to Regulate Hazardous Components of Radioactive Mixed Wastes, 51 F.R. 24504 - 24505, July 3, 1986
  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."
  
  
• RCRA Enforcement Policy and Guidance Compendium
  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
  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
  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.