[CPEO-MEF] CERCLA and Federal Agencies

[Aimee Houghton <aimeeh@cpeo.org>]

The following memo was apparently prepared by an attorney for one 
of
the armed services. We don't vouch for the accuracy of its legal
interpretations. We have no reason to believe that it reflects
official
Defense Department policy. But we believe it is a genuine document,
prepared by someone, who knew not of the partnering efforts of the
mid
to late 1990's, to serve as helpful hints to military remedial project
managers.
*************************************************************


Benefits That CERCLA Provides Federal Agencies Who Are Conducting
Remedial Action Under CERCLA (vs. RCRA)

1.  No Penalties under CERCLA (or RCRA) for late or
"inadequate" cleanup documents at non-NPL facilities.

2.  No requirement to obtain permits for "on-site" cleanup
actions (i.e. areal extent of the contamination and those areas in close
proximity).

3.  The ability to waive federal, state, or local substantive
cleanup standards (i.e. ARARs) for on-site cleanup actions.

4.  No requirement to follow administrative/procedural ARARs at
on-site cleanup actions.

5.  The ability to order access to off-base property with the
ability to impose penalties on landowners who do not obey our 
order.

6.  At non-NPL facilities, the federal agency gets to select the
response action.

7.  A limited scope of judicial review: no review until cleanup
action is complete, with the review limited to the administrative record,
and the standard of review to "uphold the President's decision in
selecting the response action" unless the decisions was arbitrary
and capricious.

8.  No need to redo previously completed cleanup studies and
restoration work.

Please note new phone number and address below.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Aimee R. Houghton                                 

Associate Director, CPEO

1101 Connecticut Avenue, NW, Suite 1000

Washington, DC  20036

tel: 202-452-8039; fax: 202-452-8095

Email: aimeeh@cpeo.org

www.cpeo.org