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Laws, Regulations, Policy and Guidance
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Sample Federal Facility Land Use Control ROD Checklist with Suggested Language (LUC Checklist),
OSWER Directive 9355.6-12 (PDF)
(6 pp, 287K, About PDF)
The LUC Checklist provides direction on describing and documenting land use controls (LUCs) in federal facility response actions under CERCLA in Records of Decision (RODs), remedial designs (RDs),
and remedial action work plans (RAWPs). The LUC Checklist also provides recommended language for creating enforceable LUC requirements in these documents to ensure the protectiveness of
CERCLA remedies.
Institutional Controls:
A Guide to Planning, Implementing, Maintaining, and Enforcing Institutional Controls at Contaminated Sites (PIME IC Guidance) (PDF) (44 pp, 452K)
This guide identifies and addresses many of the common issues that may be encountered when using ICs pursuant to several of the Agency’s cleanup programs (Superfund remedial and removal,
federal facilities, Brownfields, underground storage tanks, and Resource Conservation and Recovery Act sites). It also provides an overview of the Agency’s policy regarding the roles
and responsibilities of stakeholders involved in various aspects of the IC life cycle, namely the planning, implementing, maintaining, and enforcing of ICs.
Institutional Controls:
A Guide to Preparing Institutional Control Implementation and Assurance Plans at Contaminated Sites (ICIAP) guidance (PDF) (16 pp, 160K)
This guide provides EPA Regions with a template for developing IC plans (i.e., ICIAPs) at contaminated sites where the response action includes ICs. An ICIAP is a document designed to systematically:
(a) establish and document the activities associated with implementing and ensuring the long-term stewardship of ICs: and (b) specify the persons and/or entities that will be responsible for
conducting these activities. This guidance is a companion document to the PIME IC Guidance.
Program Priorities for Federal Facility Five-Year Review (August 1, 2011) (PDF)
(10 pp, 1.5MB)
This policy memorandum describes management controls that will be implemented to ensure that the recommendations in the Five-Year Review reports are tracked, monitored and implemented;
provides guidance to Remedial Project Managers to ensure that the reviews are completed on time; outlines how EPA makes an independent decision on protectiveness; and confirms that
Five-Year Reviews are generally enforceable under Federal Facility Agreements.
Correction to the Memorandum "Program Priorities for Federal Facility Five-Year Reviews" (February 22, 2012) (PDF) (2 pp, 383K)
This memorandum corrects the August 1, 2011 policy memorandum (see above) by clarifying the CERCLIS language on page 4.
Docket Reference Manual (PDF) (31 pp, 317K)
On March 9, 2007, EPA issued its Docket Reference Manual for the Federal Agency Hazardous Waste Compliance Docket. This reference manual is intended for use by EPA Regional Docket Coordinators, EPA Headquarters personnel, Federal agency personnel, and other interested parties to facilitate the process of identifying and adding Federal facilities to the Docket, as well as to facilitate activities after a Federal facility is added, pursuant to Docket requirements. It provides detailed information on the Docket, including an overview of Docket reporting requirements, the process for including facilities on the Docket, and certain implications of listing.
Guidance for Documenting and Reporting Performance in Achieving Land Revitalization (PDF) (56 pp, 859K)
On March 2, 2007, EPA released the Final Guidance outlining how the Superfund and Federal Facilities programs will document and report performance in achieving Land Revitalization. This complements the October 18, 2006, Interim Guidance for OSWER Cross-Program Revitalization Measures (CPRM guidance), which provides the overarching framework for this effort across all OSWER cleanup programs, and reflects comments received on the EPA December 21, 2006, draft Guidance for Documenting and Reporting Performance in Achieving Land Revitalization. See the transmittal memo associated with this guidance (PDF) (3 pp, 554K).
Blank FOST/FOSL Submission Dates in CERCLIS (PDF) (2 pp, 343K)
On August 18, 2006, EPA released guidance to the regions in regards to entering blank historical FOST / FOSL submission dates in CERCLIS.
DoD/EPA Joint Guidance on Streamlined Site Closeout and NPL Deletion Process for DoD Facilities (PDF) (6 pp, 117K)
January 19, 2006 - This joint guidance from the Department of Defense and the Environmental Protection Agency focuses on streamlining and restructuring RACR and the deletion process.
Property Lease Information at Federal Facilities in CERCLIS (PDF) (2 pp, 162K)
On May 30, 2006, EPA issued guidance to the regions giving official direction in regards to zeroing out property leases which have turned into transfers at Federal facilities.
OSWER Guidance 9272.0-21: Performance Based Contracting by Other Federal Agencies at Federal Facilities (PDF) (5 pp, 1.9MB)
This guidance, signed on March 30, 2006, provides recommendations on appropriate activities by EPA personnel involved with performance based contracts of other federal organizations.
Improving RCRA/CERCLA Coordination at Federal Facilities (PDF) (4 pp, 1.7MB)
This policy was signed by OSWER's then Acting Assistant Administrator Thomas Dunne on December 21, 2005. It re-emphasizes the 1996 EPA policy on RCRA / CERCLA coordination and encourages early and continued coordination between federal facilities and regulatory agencies, including states. EPA encourages regions, states and federal agencies to integrate cleanup activities and regulatory requirements to ensure that activities proceed expeditiously and efficiently, minimizing duplication of effort and second-guessing of remedial decisions. This is particularly important at sites where property is being transferred. See also Coordination between RCRA Corrective Action and Closure and CERCLA Site Activities (PDF) (9 pp, 553K) and Lead Regulator Policy for Cleanup Activities at Federal Facilities on the National Priorities List.
Final National Strategy to Manage Post Construction Completion Activities at Superfund Sites (PDF) (15 pp, 241K)
The PCC Strategy is a framework designed to assure that remedies put in place under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) continue to protect human health and the environment over the long term. This strategy will help focus efforts during the next five years on activities to ensure that human health and the environment are protected at Superfund sites after construction is complete.
Federal Facilities Remedial Preliminary Assessment Summary Guide (PDF) (39 pp, 2.9MB)
Federal Facilities Remedial Site Inspection Summary Guide (PDF) (53 pp, 2.9MB)
These guides are intended to assist EPA Regions and other federal agencies improve the quality of Preliminary Assessments (PAs) and Site Inspections (SIs) at federal facilities. See the transmittal memo associated with these guides (PDF) (3 pp, 705K).
Policy on Joint Repositories at Mixed-Ownership Hardrock Mine Sites (PDF) (15 pp, 1.9MB)
This policy was signed April 26, 2005, by OSWER Deputy Assistant Administrator Thomas Dunne. The new policy encourages EPA Regions to work with Federal Land Management Agencies in considering the benefits of using joint repositories as a potential cleanup option to address human health and environmental risks at abandoned mixed-ownership, hardrock mine sites, and/or mining-impacted watersheds.
Compendium of Federal Facilities Cleanup Management Information
EPA redesigned this compendium to assist you in learning about the background of the cleanup program. The compendium will allow you easy access to selected documents, providing you with a better understanding of the issues and regulations related to cleanup of federal facilities.
EPA Office of Solid Waste and Emergency Response (OSWER): Laws and Regulations
Lists EPA laws and regulations related to solid and hazardous waste and emergency response.
Federal Register Environmental Documents: Waste
All Federal Register documents related to solid and hazardous wastes since 1994.
Laws, Regulations, Guidance and Dockets
National regulations, proposed rules, current legislation and laws for the protection of the environment.
U.S. Department of Energy (DOE): General Counsel Law Library
DOE is greatly affected by a variety of statutes, legislation, regulations, directives and guidance.
Additional Information
Superfund: Policies and Guidances
Information about policies on risk assessment, groundwater, soil screening, redevelopment and contract management for EPA's Superfund Office.
EPA Docket Center
Dockets, Electronic Dockets and Information Centers serve as the repository for information related to the rulemaking process.