Department of Energy Compliance Agreements

Attachment 2
United States Government
Department of Energy

Memorandum

DATE: December 20, 1988
REPLY TO
ATTN OF: S-2
SUBJECT: Department of Energy Compliance Agreements
TO: Managers, DOE Operations Offices

In late December 1987, the office of Environment, Safety and Health (EH) sent the attached memorandum identifying 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). In addition, the attached memorandum encouraged the initiation and negotiation of compliance agreements with the Environmental Protection Agency (EPA) and the States at nine major DOE facilities. To assist and expedite the negotiation of site-specific agreements, DOE reached agreement with EPA in May 1988, on 10 policy-related provisions for inclusion in interagency agreements.

We acknowledge that substantial progress is being made towards negotiating and implementing comprehensive agreements at several DOE facilities. More specifically, in early November 1988 the San Francisco Operations Office executed DOE's first CERCLA Section 120 Federal Facility Agreement (FFA) with EPA and the State of California for the Lawrence Livermore National Laboratory. Furthermore, we understand that negotiations are nearing completion for the RCRA/CERCLA Consent Order and Compliance Agreement for the Hanford Site and the CERCLA Section 120 FFA for the Monticello Site. Negotiations are also underway for a CERCLA Section 120 FFA for the Mound Plant. In addition, the existing Federal Facility Compliance Agreement for the Feed Materials Production Center (FMPC) was modified this summer to include an enforceability provision.

The purpose of this memorandum is to again reaffirm DOE's commitment to working with EPA and the States to establish enforceable agreements at its major facilities and, in particular, at the facilities identified in the attached memorandum which are not mentioned in the above paragraph. These facilities are:

1. Savannah River Plant,
2. Los Alamos National Laboratory,
3. Oak Ridge Site (3 facilities),
4. Idaho National Engineering Laboratory*,
5. Lawrence Livermore National Laboratory - Site 300,
6. Brookhaven National Laboratory.

* Existing agreement will need to be updated when facility is listed on the National Priorities List.

To assist EH in evaluating progress regarding compliance agreements at these facilities, I request that you provide Raymond P. Berube, Deputy Assistant Secretary, Office of Environment (EH-20), with the current compliance status and summary of what has been done to achieve comprehensive agreements with EPA and the State at each of these facilities. In addition, please include your plans for Fiscal Year 1989 regarding negotiations and/or implementation of compliance agreements at each facility. This information is also requested for the Rocky Flats Plant because the current Compliance Agreement requirements have been successfully fulfilled and another agreement is needed to guide the cleanup activities. Information on the current and projected compliance status of the FMPC Compliance Agreement should also be provided given the expanded scope for the remedial investigation/feasibility study work plan. Please provide your response to Mr. Berube no later than January 6, 1989.

If you have any questions on this memorandum, please call John C. Tseng, Director, Office of Environmental Guidance and Compliance, on FTS 896-9024.

Joseph F. Salgado
Deputy Secretary

Attachment