Cover Memo
May 22, 1995
The attached 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). This policy
is the result of a joint effort by EPA and DOE to develop an approach to
decommissioning that ensures protection of worker and public health and the
environment, that is consistent with CERCLA, that provides for stakeholder
involvement, and that achieves risk reduction without unnecessary delay.
Consistent with the jointly issued "Guidance on Accelerating CERCLA
Environmental Restoration at Federal Facilities" (August 22, 1994), this
decommissioning policy encourages streamlined decisionmaking. This policy
builds on the goal of that guidance to "develop decisions that appropriately
address the reduction of risk to human health and the environment as
expeditiously as the law allows."
The policy establishes that decommissioning activities will be conducted as
non-time critical removal actions, unless the circumstances at the facility
make it inappropriate. Use of non-time critical removals for conducting
decommissioning activities effectively integrates EPA oversight responsibility,
DOE lead agency responsibility, and state and stakeholder participation.
So that EPA can fulfill its responsibilities to ensure compliance with CERCLA
requirements, including remedy selection at NPL facilities, DOE Operations
Offices will consult with EPA Regions and share information as determined by
the DOE Operations Office and affected EPA Region. Decommissioning projects
will retain sufficient flexibility to tailor activities to meet specific site
needs and achieve risk reduction and environmental restoration expeditiously.
This policy and any internal procedures adopted for its implementation are
intended exclusively for employees of the U.S. Environmental Protection Agency,
for employees of the U.S. Department of Energy, and for DOE contractors. This
guidance does not constitute rulemaking by EPA and may not be relied upon to
create a right or benefit, substantive or procedural, enforceable at law or in
equity, by any person. EPA may take action at variance with this guidance or
its internal implementing procedures.
Addressees:
- United States Environmental Protection Agency
- Waste Management Division Directors, Regions I-X
- Federal Facility Leadership Council, Regions I-X
- Regional Counsels, Regions I-X
- Federal Facilities Coordinators, Regions I-X
- United States Department of Energy
- Environmental Restoration Office Directors
- Assistant Managers for Environmental Management
- DOE Operations Offices
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