2002 CPEO Military List Archive

From: Aimee Houghton <aimeeh@cpeo.org>
Date: 26 Feb 2002 15:08:11 -0000
Reply: cpeo-military
Subject: [CPEO-MEF] CERCLA and Federal Agencies
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
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