This policy articulates how EPA expects to undertake its obligations and responsibilities to address privately-owned, non-NPL FUDS. Enforcement: What are EPA's expectations on enforcement at FUDS?.What are EPA's expectations relative to programmatic consultation?. What are EPA's site-specific consultation expectations?.Defense Environmental Restoration Program Consultation: What are EPA's expectations relative to Defense Environmental Restoration Program consultation?.What about sites requiring EPA oversight or response?.Preliminary Assessments/Site Inspections, Expanded Site Inspections, and HRS Scoring.Coordination with USACE and other Parties.Establishing Priorities and Workload Sharing.How are EPA, States, and Tribes expected to coordinate?.Implementation: How is this policy to be implemented?.Applicability: What types of sites and situations fall under this policy?.Introduction: What is the scope of this policy?.RCRA National Program Managers, Regions I-Xįederal Facilities Leadership Council I-X Questions about the policy should be directed to the Federal Facilities Restoration and Reuse Office at (202) 260-9924, the Federal Facilities Enforcement Office at (202) 564-2510, the Office of Site Remediation and Enforcement at (202) 564 -5110, or the Office of Emergency and Remedial Response at (703) 603-8960.Ĭc: Superfund National Program Managers, Regions I-X While we have not been able to incorporate each and every comment into the policy, it is much improved by your thoughtful comments. We also would like to express our appreciation to the Department of Defense, States, Tribes, and members of the public that have reviewed and commented on previous versions of this policy. The Offices of Solid Waste and Emergency Response and Enforcement and Compliance Assurance would like to express our appreciation to the EPA Formerly Used Defense Sites Workgroup that has developed this policy over the last three years. EPA believes that a better coordinated effort among all parties, as is discussed in this policy, will improve both the effectiveness of cleanup at FUDS and the public confidence in the actions taken at these sites. Furthermore, EPA fully recognizes and supports the oversight and response role that many State and Tribal environmental regulatory agencies have been performing at FUDS and expects that role to continue. DERP assigns the Secretary of Defense the responsibility to carry out response actions for environmental contamination at FUDS. The Superfund Amendments and Reauthorization Act of 1986 (SARA) amended the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and also created, through §211, the Defense Environmental Restoration Program (DERP). The distinction is required because of differences in both statute, Executive Orders, and regulations relative to Federally-owned and non-Federally owned contaminated sites. This includes FUDS owned by the States, Tribes, cities, and other governmental entities, as well as individuals, corporations, etc. As a result, EPA has re-evaluated its approach to addressing privately-owned FUDS, particularly those not included on the Superfund National Priorities List (NPL), and is issuing this policy to the Regions in order to clarify the Agency's role at these sites.įor purposes of the attached policy, privately-owned FUDS are defined as those FUDS not currently owned by the Federal government. This has occurred due to requests from States, Tribes, the general public and congressional staff and members. Environmental Protection Agency (EPA) has increased its focus on environmental investigations and cleanups of privately-owned Formerly Used Defense Sites (FUDS). Office of Enforcement and Compliance Assurance Office of Solid Waste and Emergency Response UNITED STATES ENVIRONMENTAL PROTECTION AGENCYĮPA Policy Towards Privately-Owned Formerly Used Defense Sites
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