Clarification to 1998 Agreement Regarding the National Remedy Review Board Review Criteria for Department of Energy Non-Time Critical Removal Actions

Purpose

The purpose of this memorandum is to provide additional clarification on the applicability of the October 5, 1998, joint Environmental Protection Agency (EPA) and the Department of Energy (DOE) agreement on DOE decommissioning projects titled Review of Department of Energy Non-Time Critical Removal Actions by the National Remedy Review Board.

In summary, response actions conducted as non-time critical removal actions (NTCRA) that involve the decommissioning of facilities do not require National Remedy Review Board (NRRB) review unless the estimated costs of the non-decommissioning activities are estimated to exceed $30 million.

Background

On October 5 , 1998, the DOE and the EPA issued the above joint agreement announcing that DOE NTCRAs are subject to NRRB review whenever the action is estimated to cost more than $30 million.

The DOE and EPA had previously issued a joint policy on May 22, 1995, titled Policy on Decommissioning of DOE Facilities Under Comprehensive Environmental Response Compensation and Liability Act (CERCLA) which states that generally, DOE decommissioning should be done as NTCRAs.’ A key reason for promoting the use of NTCRAs for decommissioning activity is that available cleanup alternatives are typically clear and very limited. Thus, the agencies have concluded there would be little benefit in having the NRRB review such decommissioning actions. It was not the intent of DOE and EPA to have the October 5, 1998, agreement apply to the decommissioning of facilities, but rather to apply to actions addressing contaminants in environmental media (e.g., air, soils, surface water, and ground water).

Implementation

The DOE field and EPA regional personnel should continue to submit the DOE NTCRAs, which do not address decommissioning of facilities, for NRRB review whenever the NRRB threshold criterion of $30 million is met. The NTCRAs involving the decommissioning of facilities should not be submitted for the NRRB review unless the estimated cost of the non-decommissioning portion of the action exceeds the NRRB review criteria.

The DOE field and EPA regional personnel are reminded that the NRRB review criteria for DOE remedial actions remain at: 1) $75 million estimated cost regardless of whether the action includes decommissioning activity; or 2) the action is estimated to cost more than $25 million and is 50 percent greater in cost than the least costly, protective, cleanup alternative that complies with other laws or regulations applicable or relevant and appropriate to the response regardless of whether the action includes decommissioning activity.

Contacts

Any questions or comments may be directed to Mr. Bruce Means, Office of Emergency and Remedial Response, EPA, at (703) 603-881 5; Mr. Tim Mott, Federal Facilities Restoration and Reuse Office, EPA, at (703) 603 8807; or Mr. Steve Golian, Office of Technical Program Integration, DOE, at (301) 903-7791.

CC:
J. Roberson, DOE
B. Cook, DOE
M. Horinko, EPA
J. P. Suarez, EPA

Distribution:

W. John Arthur, 111, Manager, Albuquerque Operations Office (AL)
Marvin E. Gum, Jr., Manager, Chicago Operations Office (CH)
Kathleen Carlson, Manager, Nevada Operations Office (NV)
Camille Yuan-Soo Hoo, Manager, Oakland Operations Office (OAK)
Michael Holland, Acting Manager, Oak Ridge Operations Office (OR)
Rita Bajura, Director, National Energy Technology Laboratory (NETL)
Jack Tillman, Director, Office of Environmental Management,
Anibal Taboas, Assistant Manager for Environmental Management,
Carl Gertz, Assistant Manager for Environmental Management,
Roger Liddle, Acting Assistant Manager for Environmental Management,
Gerald Boyd, Assistant Manager for Environmental Management,
Celinda Crawford, Acting Associate Director for Environmental Management and Defense
Rich Cavagnero, EPA Region 1
Jeff Josephson, EPA Region 2
George Pavlov, EPA Region 2
Abe Ferdas, EPA Region 3
Dick Green, EPA Region 4
William Muno, EPA Region 5
Myron Knudson, EPA Region 6
Carl Edlund, EPA Region 6
Michael Sanderson, EPA Region 7
Max Dodson, EPA Region 8
Keith Takata, EPA Region 9
Nancy Lindsey, EPA Region 9
Mike Gearheard, EPA Region 10
National Remedy Review Board, EPA
Federal Facilities Leadership Council, EPA
Albuquerque Operations Office (AL)
Chicago Operations Office (CH)
Nevada Operations Office (NV)
Oakland Operations Office (OAK)
Oak Ridge Operations Office (OR)
Programs, National Energy Technology Laboratory (NETL)

Subject: Clarification to 1998 Agreement Regarding the National Remedy Review Board Review Criteria for Department of Energy Non-Time Critical Removal Actions

Record Notes:

BCC:
Dr. Robert Kuckuck, Acting Principal Deputy Administrator, NA-2
Milton Johnson, Chief Operating Officer, SC-3
Paul M. Golan, Chief Operating Officer, EM-3
Sandra Johnson, Director, EM-5
Jay Rhoderick, Director, EM-6
Dr. Barbara D. Male, Director, EM-7
Roger Butler, Deputy Assistant Secretary, EM-1 0
Mark Frei, Deputy Assistant Secretary, EM-30140
James M. Owendoff, Deputy Assistant Secretary, EM-50
Michael Shapiro, OSWER, EPA
Robert Springer, OSW, EPA
Elizabeth Southerland, OEM, EPA
Elliott Gilberg, FFEO, EPA
Robert Hall, OSW, EPA
Matt Hale, OSW, EPA
Schatzi Fitz-James, ORIA, EPA
T. Mott, FFRRO, EPA
S. Gofian, EM-20, DOE
B. Means, OERR, EPA
EM-20 Reader File (Bubar) w/incoming)
EM Mailroomn w/incoming)