[CPEO-MEF] MOU on Lont-Term Stewardship

[Lenny Siegel <lsiegel@cpeo.org>]

The Environmental Council of the States, in cooperation with four
federal agencies - EPA and the Departments of Defense, Interior, and
Energy - has negotiated a "Memorandum of Understanding on Long-Term
Stewardship at Federal Facilities." (April 9, 2003) The MOU is not
enforceable, but it "broadly states basic understandings between the
parties." It appears to provide a solid framework for resolving
long-term stewardship issues associated with the cleanup of federal facilities.

I have pasted below part VI, the heart of the document. To read the
entire MOU, go to
http://www.cpeo.org/pubs/otherpubs.html


VI. SHARED PRINCIPLES FOR LTS

The following principles are presented to offer a broad approach and
advice for the design, management and implementation of LTS functions
and activities by the federal, state and other participants in the joint
LTS process:

1. LTS Consideration in the Remedy Process- LTS should be actively
considered in the response action planning, design, implementation and
decision-making processes. Life cycle costs and effectiveness of LTS and
remedial options need to be factored into the remedy decisions.

2. Protectiveness- LTS functions and activities must assure ongoing
protection of public health, the environment and natural ecosystems for
sites with residual contamination after response action is undertaken,
consistent with pertinent laws and regulations.

3. Longevity- The commitment to ensure the sustainability of the remedy
and the performance of LTS functions should extend over the lifetime of
the contamination hazard and be able to span generations, if necessary. 
Given the potential duration of some remaining risks, current
assumptions may require periodic reevaluation and modification. 

4. LTS Roles and Responsibilities- LTS management and implementation
roles and responsibilities should be clearly articulated, accepted by
all appropriate parties and documented through legal and other means.
Assumptions regarding the determination and apportionment of LTS
activities among federal, state, tribal, local government and private
entities (including the site’s owner) should also be defined and stated
at the outset. In some cases, the site’s owner will have principal
responsibility for implementing and managing LTS actions. Given the
inter-generational aspect of LTS and the potential for change over time,
appropriate mechanisms should be developed to ensure continued
performance of these LTS roles and responsibilities. The parties should
also consider potential LTS impacts when planning and managing their
respective sites in the future.

5. Funding- The potential costs of long-term remedy surveillance and
maintenance should be identified and incorporated into the remedy
decision-making process. The amount, source and process for securing the
necessary funds should also be identified. Federal agencies will seek to
acquire the resources necessary to carry out their LTS activities at
their respective sites. To the extent that a state agrees that it may
also have responsibility on state lands for selected activities at a
site, it will also seek to acquire resources from appropriate sources
for those activities. The parties understand that federal and state
government appropriation processes will determine the actual amount of
funds to be made available for these activities.

6. Application of New Science and Technology- There should be a
mechanism to examine and share new technologies for cleanup and LTS
actions over time and to consider whether the application of such would
provide a more cost-effective means of assuring or enhancing protection
of public health and the environment in ongoing or future response actions.

7. Natural, Historical and Cultural Resources- Conservation and
protection of natural, historical and cultural resources should be
integrated into the development, management and implementation of
remedial actions and LTS functions. This consideration should extend to
land management plans that have been implemented. Future land use plans
should recognize the obligations and needs imposed by LTS. Consultation
with appropriate tribal representatives should also be undertaken on
cultural resource matters associated with tribal lands.

8. Local government, public and stakeholder involvement and information
sharing - Effective mechanisms need to be in place to assure that local
government, stakeholders and the public have timely and appropriate
access to data and information and are provided appropriate
opportunities for public participation in ongoing LTS processes.

9. Expedite Formation of an LTS Framework- Federal, state, tribal and
local agencies should work cooperatively to expedite formulation of
policies, orders, guidance and training that are needed to
institutionalize their LTS commitments.


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Lenny Siegel
Director, Center for Public Environmental Oversight
c/o PSC, 278-A Hope St., Mountain View, CA 94041
Voice: 650/961-8918 or 650/969-1545
Fax: 650/961-8918
<lsiegel@cpeo.org>
http://www.cpeo.org

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