Federal Facilities Cleanup Enforcement

Federal facilities that are significantly contaminated may be listed on the National Priorities List (NPL). The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund), Section 120 requires Federal agencies with NPL sites to investigate and clean up the contamination. CERCLA requires that the Federal facility and EPA sign an Interagency Agreement (IAG).

Once an IAG has been signed, EPA monitors the cleanup schedule and milestones and conducts oversight of all enforceable requirements to ensure proper implementation of each cleanup. This process includes resolving disputes, negotiating IAG amendments, and all other enforcement work. EPA can assess stipulated penalties for non-compliance with the terms of the IAG including missed milestones. For Federal facility NPL sites, the signing of the IAG and oversight of its implementation ensures a protective cleanup at a timely pace.

Enforcement of Environmental Laws at Federal Facilities

Federal facilities must comply with various environmental laws and Presidential Executive Orders. Part of EPA's mission is to ensure that Federal facilities comply with applicable requirements. Additionally, Federal facilities are impacted by various EPA enforcement and compliance policies. To learn more, see EPA Position on Compliance by Federal Facilities (Administrator 's October 4, 2001 letter) (PDF 61 KB) .

Superfund (CERCLA) Enforcement at Federal Facilities

The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), also known as Superfund, is the primary Federal statute regulating the cleanup of inactive hazardous substance sites and imposing liability for cleanup on the responsible parties. Some sites owned or used by Federal agencies are subject to this statute. Responsibilities governed by this statute include the management of hazardous substances, reporting releases of hazardous substances, and establishing the necessary contracts and agreements to conduct cleanup. Learn more about Superfund (CERCLA) Cleanup Enforcement . For information regarding EPA's policy and guidance on Superfund, see Memorandum: Guidance on the Resolution of the Post-ROD Dispute (PDF 851.8 KB) .

Collaborative Cleanup Decision-Making at Federal Facilities

In 1997, EPA and the Department of Energy (DOE) jointly issued guidance on improving communications among DOE, regulators and DOE contractors concerning cleanup work at DOE facilities. The benefits of improving communications are improved compliance with environmental requirements, accelerating environmental work and increasing efficiencies. To learn more, see Memorandum - Final Guidance on Improving Communication to Achieve Collaborative Decision-Making at Department of Energy Sites (PDF 50 KB) .

Evaluation of Environmental Liabilities at Federal Facilities

Federal agencies routinely lease and transfer real property in the course of carrying out their missions. One essential step is to evaluate properties for potential environmental contamination and liability. To learn more, see CFATF Guide on Evaluating Environmental Liability for Property Transfers (PDF 625 KB) .

Base Closures and Federal Facilities

The Defense Authorization Amendments, the Base Realignment and Closure Acts of 1988 and the Defense Closure and Realignment Act of 1990 require realignment or closure of Federal facility military bases. To learn more, see EPA Policy Towards Privately-Owned, Formerly Used Defense Sites (PDF 430 KB).

Federal Agency Hazardous Waste Compliance Docket

CERCLA Section 120(c) requires EPA to establish and maintain a "Federal Agency Hazardous Waste Compliance Docket" which contains information on Federal facilities while engaging in hazardous waste activities or having the potential to release hazardous substances into the environment. The docket shall contain information submitted under RCRA Sections 3005, 3010, 3016, and Section 103 of CERCLA. To access the publications, see the latest Federal Register update for the Federal Agency Hazardous Waste Compliance Docket activities list.

Section 120(c) of the Comprehensive Environmental Response, Compensation,and Liability Act of 1980 (CERCLA), as amended by the Superfund Amendments and Reauthorization Act of 1986 (SARA), requires the Environmental Protection Agency (EPA) to establish a Federal Agency Hazardous Waste Compliance Docket.

The Federal Hazardous Waste docket contains certain information about Federal facilities that manage hazardous waste or from which hazardous substances have been or may be released. The following list identifies the Federal facilities to be included in the docket update and includes facilities not previously listed on the docket and reported to EPA since the last update of the docket.

SARA, as amended by the Defense Authorization Act of 1997,specifies that, for each Federal facility that is included on the docket during an update, evaluation shall be completed in accordance with a reasonable schedule. Such site evaluation activities help determine whether the facility should be included on the National Priorities List (NPL) and provide EPA and the public with valuable information about the facility. CERCLA requires that the docket be updated every six months, as new facilities are reported to EPA by Federal agencies.

Federal facilities seeking guidance for coordinating listing of Federal facilities on the CERCLA (120(c)) docket should also see the Policy on Listing Mixed Ownership Mine or Mill Sites Created as a Result of the General Mining Law of 1872 on the Federal Agency Hazardous Waste Compliance Docket. (PDF 280.2 KB)

You also may access the complete docket (PDF 2.87 MB) .

Please also visit FedSite, EPA's virtual compliance assistance center for Federal facilities.

These documents, provided by EPA, are Adobe Acrobat PDF (Portable Document Format) Files. They can be viewed, and printed, with the use of an Adobe Acrobat Reader .