42 U.S.C. § 9620 : US Code - Section 9620: Federal facilities

Search 42 U.S.C. § 9620 : US Code - Section 9620: Federal facilities

(a) Application of chapter to Federal Government
(1) In general
Each department, agency, and instrumentality of the United
States (including the executive, legislative, and judicial
branches of government) shall be subject to, and comply with,
this chapter in the same manner and to the same extent, both
procedurally and substantively, as any nongovernmental entity,
including liability under section 9607 of this title. Nothing in
this section shall be construed to affect the liability of any
person or entity under sections 9606 and 9607 of this title.
(2) Application of requirements to Federal facilities
All guidelines, rules, regulations, and criteria which are
applicable to preliminary assessments carried out under this
chapter for facilities at which hazardous substances are located,
applicable to evaluations of such facilities under the National
Contingency Plan, applicable to inclusion on the National
Priorities List, or applicable to remedial actions at such
facilities shall also be applicable to facilities which are owned
or operated by a department, agency, or instrumentality of the
United States in the same manner and to the extent as such
guidelines, rules, regulations, and criteria are applicable to
other facilities. No department, agency, or instrumentality of
the United States may adopt or utilize any such guidelines,
rules, regulations, or criteria which are inconsistent with the
guidelines, rules, regulations, and criteria established by the
Administrator under this chapter.
(3) Exceptions
This subsection shall not apply to the extent otherwise
provided in this section with respect to applicable time periods.
This subsection shall also not apply to any requirements relating
to bonding, insurance, or financial responsibility. Nothing in
this chapter shall be construed to require a State to comply with
section 9604(c)(3) of this title in the case of a facility which
is owned or operated by any department, agency, or
instrumentality of the United States.
(4) State laws
State laws concerning removal and remedial action, including
State laws regarding enforcement, shall apply to removal and
remedial action at facilities owned or operated by a department,
agency, or instrumentality of the United States or facilities
that are the subject of a deferral under subsection (h)(3)(C) of
this section when such facilities are not included on the
National Priorities List. The preceding sentence shall not apply
to the extent a State law would apply any standard or requirement
to such facilities which is more stringent than the standards and
requirements applicable to facilities which are not owned or
operated by any such department, agency, or instrumentality.
(b) Notice
Each department, agency, and instrumentality of the United States
shall add to the inventory of Federal agency hazardous waste
facilities required to be submitted under section 3016 of the Solid
Waste Disposal Act [42 U.S.C. 6937] (in addition to the information
required under section 3016(a)(3) of such Act [42 U.S.C.
6937(a)(3)]) information on contamination from each facility owned
or operated by the department, agency, or instrumentality if such
contamination affects contiguous or adjacent property owned by the
department, agency, or instrumentality or by any other person,
including a description of the monitoring data obtained.
(c) Federal Agency Hazardous Waste Compliance Docket
The Administrator shall establish a special Federal Agency
Hazardous Waste Compliance Docket (hereinafter in this section
referred to as the "docket") which shall contain each of the
following:
(1) All information submitted under section 3016 of the Solid
Waste Disposal Act [42 U.S.C. 6937] and subsection (b) of this
section regarding any Federal facility and notice of each
subsequent action taken under this chapter with respect to the
facility.
(2) Information submitted by each department, agency, or
instrumentality of the United States under section 3005 or 3010
of such Act [42 U.S.C. 6925, 6930].
(3) Information submitted by the department, agency, or
instrumentality under section 9603 of this title.
The docket shall be available for public inspection at reasonable
times. Six months after establishment of the docket and every 6
months thereafter, the Administrator shall publish in the Federal
Register a list of the Federal facilities which have been included
in the docket during the immediately preceding 6-month period. Such
publication shall also indicate where in the appropriate regional
office of the Environmental Protection Agency additional
information may be obtained with respect to any facility on the
docket. The Administrator shall establish a program to provide
information to the public with respect to facilities which are
included in the docket under this subsection.
(d) Assessment and evaluation
(1) In general
The Administrator shall take steps to assure that a preliminary
assessment is conducted for each facility on the docket.
Following such preliminary assessment, the Administrator shall,
where appropriate -
(A) evaluate such facilities in accordance with the criteria
established in accordance with section 9605 of this title under
the National Contingency Plan for determining priorities among
releases; and
(B) include such facilities on the National Priorities List
maintained under such plan if the facility meets such criteria.
(2) Application of criteria
(A) In general
Subject to subparagraph (B), the criteria referred to in
paragraph (1) shall be applied in the same manner as the
criteria are applied to facilities that are owned or operated
by persons other than the United States.
(B) Response under other law
It shall be an appropriate factor to be taken into
consideration for the purposes of section 9605(a)(8)(A) of this
title that the head of the department, agency, or
instrumentality that owns or operates a facility has arranged
with the Administrator or appropriate State authorities to
respond appropriately, under authority of a law other than this
chapter, to a release or threatened release of a hazardous
substance.
(3) Completion
Evaluation and listing under this subsection shall be completed
in accordance with a reasonable schedule established by the
Administrator.
(e) Required action by department
(1) RI/FS
Not later than 6 months after the inclusion of any facility on
the National Priorities List, the department, agency, or
instrumentality which owns or operates such facility shall, in
consultation with the Administrator and appropriate State
authorities, commence a remedial investigation and feasibility
study for such facility. In the case of any facility which is
listed on such list before October 17, 1986, the department,
agency, or instrumentality which owns or operates such facility
shall, in consultation with the Administrator and appropriate
State authorities, commence such an investigation and study for
such facility within one year after October 17, 1986. The
Administrator and appropriate State authorities shall publish a
timetable and deadlines for expeditious completion of such
investigation and study.
(2) Commencement of remedial action; interagency agreement
The Administrator shall review the results of each
investigation and study conducted as provided in paragraph (1).
Within 180 days thereafter, the head of the department, agency,
or instrumentality concerned shall enter into an interagency
agreement with the Administrator for the expeditious completion
by such department, agency, or instrumentality of all necessary
remedial action at such facility. Substantial continuous physical
onsite remedial action shall be commenced at each facility not
later than 15 months after completion of the investigation and
study. All such interagency agreements, including review of
alternative remedial action plans and selection of remedial
action, shall comply with the public participation requirements
of section 9617 of this title.
(3) Completion of remedial actions
Remedial actions at facilities subject to interagency
agreements under this section shall be completed as expeditiously
as practicable. Each agency shall include in its annual budget
submissions to the Congress a review of alternative agency
funding which could be used to provide for the costs of remedial
action. The budget submission shall also include a statement of
the hazard posed by the facility to human health, welfare, and
the environment and identify the specific consequences of failure
to begin and complete remedial action.
(4) Contents of agreement
Each interagency agreement under this subsection shall include,
but shall not be limited to, each of the following:
(A) A review of alternative remedial actions and selection of
a remedial action by the head of the relevant department,
agency, or instrumentality and the Administrator or, if unable
to reach agreement on selection of a remedial action, selection
by the Administrator.
(B) A schedule for the completion of each such remedial
action.
(C) Arrangements for long-term operation and maintenance of
the facility.
(5) Annual report
Each department, agency, or instrumentality responsible for
compliance with this section shall furnish an annual report to
the Congress concerning its progress in implementing the
requirements of this section. Such reports shall include, but
shall not be limited to, each of the following items:
(A) A report on the progress in reaching interagency
agreements under this section.
(B) The specific cost estimates and budgetary proposals
involved in each interagency agreement.
(C) A brief summary of the public comments regarding each
proposed interagency agreement.
(D) A description of the instances in which no agreement was
reached.
(E) A report on progress in conducting investigations and
studies under paragraph (1).
(F) A report on progress in conducting remedial actions.
(G) A report on progress in conducting remedial action at
facilities which are not listed on the National Priorities
List.
With respect to instances in which no agreement was reached
within the required time period, the department, agency, or
instrumentality filing the report under this paragraph shall
include in such report an explanation of the reasons why no
agreement was reached. The annual report required by this
paragraph shall also contain a detailed description on a State-by-
State basis of the status of each facility subject to this
section, including a description of the hazard presented by each
facility, plans and schedules for initiating and completing
response action, enforcement status (where appropriate), and an
explanation of any postponements or failure to complete response
action. Such reports shall also be submitted to the affected
States.
(6) Settlements with other parties
If the Administrator, in consultation with the head of the
relevant department, agency, or instrumentality of the United
States, determines that remedial investigations and feasibility
studies or remedial action will be done properly at the Federal
facility by another potentially responsible party within the
deadlines provided in paragraphs (1), (2), and (3) of this
subsection, the Administrator may enter into an agreement with
such party under section 9622 of this title (relating to
settlements). Following approval by the Attorney General of any
such agreement relating to a remedial action, the agreement shall
be entered in the appropriate United States district court as a
consent decree under section 9606 of this title.
(f) State and local participation
The Administrator and each department, agency, or instrumentality
responsible for compliance with this section shall afford to
relevant State and local officials the opportunity to participate
in the planning and selection of the remedial action, including but
not limited to the review of all applicable data as it becomes
available and the development of studies, reports, and action
plans. In the case of State officials, the opportunity to
participate shall be provided in accordance with section 9621 of
this title.
(g) Transfer of authorities
Except for authorities which are delegated by the Administrator
to an officer or employee of the Environmental Protection Agency,
no authority vested in the Administrator under this section may be
transferred, by executive order of the President or otherwise, to
any other officer or employee of the United States or to any other
person.
(h) Property transferred by Federal agencies
(1) Notice
After the last day of the 6-month period beginning on the
effective date of regulations under paragraph (2) of this
subsection, whenever any department, agency, or instrumentality
of the United States enters into any contract for the sale or
other transfer of real property which is owned by the United
States and on which any hazardous substance was stored for one
year or more, known to have been released, or disposed of, the
head of such department, agency, or instrumentality shall include
in such contract notice of the type and quantity of such
hazardous substance and notice of the time at which such storage,
release, or disposal took place, to the extent such information
is available on the basis of a complete search of agency files.
(2) Form of notice; regulations
Notice under this subsection shall be provided in such form and
manner as may be provided in regulations promulgated by the
Administrator. As promptly as practicable after October 17, 1986,
but not later than 18 months after October 17, 1986, and after
consultation with the Administrator of the General Services
Administration, the Administrator shall promulgate regulations
regarding the notice required to be provided under this
subsection.
(3) Contents of certain deeds
(A) In general
After the last day of the 6-month period beginning on the
effective date of regulations under paragraph (2) of this
subsection, in the case of any real property owned by the
United States on which any hazardous substance was stored for
one year or more, known to have been released, or disposed of,
each deed entered into for the transfer of such property by the
United States to any other person or entity shall contain -
(i) to the extent such information is available on the
basis of a complete search of agency files -
(I) a notice of the type and quantity of such hazardous
substances,
(II) notice of the time at which such storage, release,
or disposal took place, and
(III) a description of the remedial action taken, if any;
(ii) a covenant warranting that -
(I) all remedial action necessary to protect human health
and the environment with respect to any such substance
remaining on the property has been taken before the date of
such transfer, and
(II) any additional remedial action found to be necessary
after the date of such transfer shall be conducted by the
United States; and
(iii) a clause granting the United States access to the
property in any case in which remedial action or corrective
action is found to be necessary after the date of such
transfer.
(B) Covenant requirements
For purposes of subparagraphs (A)(ii)(I) and (C)(iii), all
remedial action described in such subparagraph has been taken
if the construction and installation of an approved remedial
design has been completed, and the remedy has been demonstrated
to the Administrator to be operating properly and successfully.
The carrying out of long-term pumping and treating, or
operation and maintenance, after the remedy has been
demonstrated to the Administrator to be operating properly and
successfully does not preclude the transfer of the property.
The requirements of subparagraph (A)(ii) shall not apply in any
case in which the person or entity to whom the real property is
transferred is a potentially responsible party with respect to
such property. The requirements of subparagraph (A)(ii) shall
not apply in any case in which the transfer of the property
occurs or has occurred by means of a lease, without regard to
whether the lessee has agreed to purchase the property or
whether the duration of the lease is longer than 55 years. In
the case of a lease entered into after September 30, 1995, with
respect to real property located at an installation approved
for closure or realignment under a base closure law, the agency
leasing the property, in consultation with the Administrator,
shall determine before leasing the property that the property
is suitable for lease, that the uses contemplated for the lease
are consistent with protection of human health and the
environment, and that there are adequate assurances that the
United States will take all remedial action referred to in
subparagraph (A)(ii) that has not been taken on the date of the
lease.
(C) Deferral
(i) In general
The Administrator, with the concurrence of the Governor of
the State in which the facility is located (in the case of
real property at a Federal facility that is listed on the
National Priorities List), or the Governor of the State in
which the facility is located (in the case of real property
at a Federal facility not listed on the National Priorities
List) may defer the requirement of subparagraph (A)(ii)(I)
with respect to the property if the Administrator or the
Governor, as the case may be, determines that the property is
suitable for transfer, based on a finding that -
(I) the property is suitable for transfer for the use
intended by the transferee, and the intended use is
consistent with protection of human health and the
environment;
(II) the deed or other agreement proposed to govern the
transfer between the United States and the transferee of
the property contains the assurances set forth in clause
(ii);
(III) the Federal agency requesting deferral has provided
notice, by publication in a newspaper of general
circulation in the vicinity of the property, of the
proposed transfer and of the opportunity for the public to
submit, within a period of not less than 30 days after the
date of the notice, written comments on the suitability of
the property for transfer; and
(IV) the deferral and the transfer of the property will
not substantially delay any necessary response action at
the property.
(ii) Response action assurances
With regard to a release or threatened release of a
hazardous substance for which a Federal agency is potentially
responsible under this section, the deed or other agreement
proposed to govern the transfer shall contain assurances that
-
(I) provide for any necessary restrictions on the use of
the property to ensure the protection of human health and
the environment;
(II) provide that there will be restrictions on use
necessary to ensure that required remedial investigations,
response action, and oversight activities will not be
disrupted;
(III) provide that all necessary response action will be
taken and identify the schedules for investigation and
completion of all necessary response action as approved by
the appropriate regulatory agency; and
(IV) provide that the Federal agency responsible for the
property subject to transfer will submit a budget request
to the Director of the Office of Management and Budget that
adequately addresses schedules for investigation and
completion of all necessary response action, subject to
congressional authorizations and appropriations.
(iii) Warranty
When all response action necessary to protect human health
and the environment with respect to any substance remaining
on the property on the date of transfer has been taken, the
United States shall execute and deliver to the transferee an
appropriate document containing a warranty that all such
response action has been taken, and the making of the
warranty shall be considered to satisfy the requirement of
subparagraph (A)(ii)(I).
(iv) Federal responsibility
A deferral under this subparagraph shall not increase,
diminish, or affect in any manner any rights or obligations
of a Federal agency (including any rights or obligations
under this section and sections 9606 and 9607 of this title
existing prior to transfer) with respect to a property
transferred under this subparagraph.
(4) Identification of uncontaminated property
(A) In the case of real property to which this paragraph
applies (as set forth in subparagraph (E)), the head of the
department, agency, or instrumentality of the United States with
jurisdiction over the property shall identify the real property
on which no hazardous substances and no petroleum products or
their derivatives were known to have been released or disposed
of. Such identification shall be based on an investigation of the
real property to determine or discover the obviousness of the
presence or likely presence of a release or threatened release of
any hazardous substance or any petroleum product or its
derivatives, including aviation fuel and motor oil, on the real
property. The identification shall consist, at a minimum, of a
review of each of the following sources of information concerning
the current and previous uses of the real property:
(i) A detailed search of Federal Government records
pertaining to the property.
(ii) Recorded chain of title documents regarding the real
property.
(iii) Aerial photographs that may reflect prior uses of the
real property and that are reasonably obtainable through State
or local government agencies.
(iv) A visual inspection of the real property and any
buildings, structures, equipment, pipe, pipeline, or other
improvements on the real property, and a visual inspection of
properties immediately adjacent to the real property.
(v) A physical inspection of property adjacent to the real
property, to the extent permitted by owners or operators of
such property.
(vi) Reasonably obtainable Federal, State, and local
government records of each adjacent facility where there has
been a release of any hazardous substance or any petroleum
product or its derivatives, including aviation fuel and motor
oil, and which is likely to cause or contribute to a release or
threatened release of any hazardous substance or any petroleum
product or its derivatives, including aviation fuel and motor
oil, on the real property.
(vii) Interviews with current or former employees involved in
operations on the real property.
Such identification shall also be based on sampling, if
appropriate under the circumstances. The results of the
identification shall be provided immediately to the Administrator
and State and local government officials and made available to
the public.
(B) The identification required under subparagraph (A) is not
complete until concurrence in the results of the identification
is obtained, in the case of real property that is part of a
facility on the National Priorities List, from the Administrator,
or, in the case of real property that is not part of a facility
on the National Priorities List, from the appropriate State
official. In the case of a concurrence which is required from a
State official, the concurrence is deemed to be obtained if,
within 90 days after receiving a request for the concurrence, the
State official has not acted (by either concurring or declining
to concur) on the request for concurrence.
(C)(i) Except as provided in clauses (ii), (iii), and (iv), the
identification and concurrence required under subparagraphs (A)
and (B), respectively, shall be made at least 6 months before the
termination of operations on the real property.
(ii) In the case of real property described in subparagraph
(E)(i)(II) on which operations have been closed or realigned or
scheduled for closure or realignment pursuant to a base closure
law described in subparagraph (E)(ii)(I) or (E)(ii)(II) by
October 19, 1992, the identification and concurrence required
under subparagraphs (A) and (B), respectively, shall be made not
later than 18 months after October 19, 1992.
(iii) In the case of real property described in subparagraph
(E)(i)(II) on which operations are closed or realigned or become
scheduled for closure or realignment pursuant to the base closure
law described in subparagraph (E)(ii)(II) after October 19, 1992,
the identification and concurrence required under subparagraphs
(A) and (B), respectively, shall be made not later than 18 months
after the date by which a joint resolution disapproving the
closure or realignment of the real property under section 2904(b)
of such base closure law must be enacted, and such a joint
resolution has not been enacted.
(iv) In the case of real property described in subparagraphs
(E)(i)(II) on which operations are closed or realigned pursuant
to a base closure law described in subparagraph (E)(ii)(III) or
(E)(ii)(IV), the identification and concurrence required under
subparagraphs (A) and (B), respectively, shall be made not later
than 18 months after the date on which the real property is
selected for closure or realignment pursuant to such a base
closure law.
(D) In the case of the sale or other transfer of any parcel of
real property identified under subparagraph (A), the deed entered
into for the sale or transfer of such property by the United
States to any other person or entity shall contain -
(i) a covenant warranting that any response action or
corrective action found to be necessary after the date of such
sale or transfer shall be conducted by the United States; and
(ii) a clause granting the United States access to the
property in any case in which a response action or corrective
action is found to be necessary after such date at such
property, or such access is necessary to carry out a response
action or corrective action on adjoining property.
(E)(i) This paragraph applies to -
(I) real property owned by the United States and on which the
United States plans to terminate Federal Government operations,
other than real property described in subclause (II); and
(II) real property that is or has been used as a military
installation and on which the United States plans to close or
realign military operations pursuant to a base closure law.
(ii) For purposes of this paragraph, the term "base closure
law" includes the following:
(I) Title II of the Defense Authorization Amendments and Base
Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687
note).
(II) The Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note).
(III) Section 2687 of title 10.
(IV) Any provision of law authorizing the closure or
realignment of a military installation enacted on or after
October 19, 1992.
(F) Nothing in this paragraph shall affect, preclude, or
otherwise impair the termination of Federal Government operations
on real property owned by the United States.
(5) Notification of States regarding certain leases
In the case of real property owned by the United States, on
which any hazardous substance or any petroleum product or its
derivatives (including aviation fuel and motor oil) was stored
for one year or more, known to have been released, or disposed
of, and on which the United States plans to terminate Federal
Government operations, the head of the department, agency, or
instrumentality of the United States with jurisdiction over the
property shall notify the State in which the property is located
of any lease entered into by the United States that will encumber
the property beyond the date of termination of operations on the
property. Such notification shall be made before entering into
the lease and shall include the length of the lease, the name of
person to whom the property is leased, and a description of the
uses that will be allowed under the lease of the property and
buildings and other structures on the property.
(i) Obligations under Solid Waste Disposal Act
Nothing in this section shall affect or impair the obligation of
any department, agency, or instrumentality of the United States to
comply with any requirement of the Solid Waste Disposal Act [42
U.S.C. 6901 et seq.] (including corrective action requirements).
(j) National security
(1) Site specific Presidential orders
The President may issue such orders regarding response actions
at any specified site or facility of the Department of Energy or
the Department of Defense as may be necessary to protect the
national security interests of the United States at that site or
facility. Such orders may include, where necessary to protect
such interests, an exemption from any requirement contained in
this subchapter or under title III of the Superfund Amendments
and Reauthorization Act of 1986 [42 U.S.C. 11001 et seq.] with
respect to the site or facility concerned. The President shall
notify the Congress within 30 days of the issuance of an order
under this paragraph providing for any such exemption. Such
notification shall include a statement of the reasons for the
granting of the exemption. An exemption under this paragraph
shall be for a specified period which may not exceed one year.
Additional exemptions may be granted, each upon the President's
issuance of a new order under this paragraph for the site or
facility concerned. Each such additional exemption shall be for a
specified period which may not exceed one year. It is the
intention of the Congress that whenever an exemption is issued
under this paragraph the response action shall proceed as
expeditiously as practicable. The Congress shall be notified
periodically of the progress of any response action with respect
to which an exemption has been issued under this paragraph. No
exemption shall be granted under this paragraph due to lack of
appropriation unless the President shall have specifically
requested such appropriation as a part of the budgetary process
and the Congress shall have failed to make available such
requested appropriation.
(2) Classified information
Notwithstanding any other provision of law, all requirements of
the Atomic Energy Act [42 U.S.C. 2011 et seq.] and all Executive
orders concerning the handling of restricted data and national
security information, including "need to know" requirements,
shall be applicable to any grant of access to classified
information under the provisions of this chapter or under title
III of the Superfund Amendments and Reauthorization Act of 1986
[42 U.S.C. 11001 et seq.].