Federal
Facility
1
2
3
4
i
-I
6
7
x
9
10
11
12
13
13
15
16
17
18
19
20
*.
Ll
22
23
24
25
26
27
28
)
FEDERAL
FACILITY
AGREEMENT
I
L-oNj.Eiu‘T
IN
THE
MATTER
OF:
THE
U.S.
DEPARTMENT
OF
EKERGY
i
IDAHO
NATIONAL
ENGINEERING
i
LABORATORY
(“INEL”),
1
idhw
Faiib.
id6w
1
!ggga&.24-!2g
I
1
Administrative
Dockei
Number:
TABLE
OF
CONTENTS
I.
11.
111.
I
v.
V.
VI.
VII.
vm.
Page
JURISDICTION
........................................................
3
DEFINlTTTONS
.........................................................
4
PARTIES
......._....._..I..........1......_._.._..__.l...f.._........
8
STATEMENT
OF
PURPOSE
.
. .
I
. .
+
.
.
.
, ,
.
. .
.
.
.
.
,
,
. . . .
.
.
,
,
,
. .
.
.
.
.
,
.’.
.
.
.
. .
8
STATUTORY
COMPLIANCE
.
,
.
. .
.
.
.
.
.
. .
.
.
.
+
.
. .
.
.
.
.
.
. .
.
,
,
,
.
.
. .
.
.
.
,
.
,
. .
.
10
REGULATORY
DETERMINATIONS
.
.
.
.
. .
,
.
.
,
.
. .
.
.
.
,
.
.
.
~
.
I
.
. .
. . . .
.
.
.
.
. . .
IO
REGULATORY
APPROACH
.
.
.
. .
.
.
.
.
. .
,
.
.
.
. .
.
.
.
,
.
. .
,
.
.
.
,
. . . .
. .
+
,
.
. .
.
. .
.
I2
A.
Project
Management
. .
.
*..
. .
.
.
.
.
,
. .
.
. . .
.
.
.
.
.
.
.
.
,
.
.
.
.
.
.
.
. .
.
. . .
.
.
.
.
.
I2
B.
Respsnse
Actions
..................................................
12
C.
Permitting
.......................................................
13
CONSULTATION
WITH
U.S.
EPA
AND
IDHW
.
. . .
,
.
,
.
.
.
.
.
. . . .
. .
.
.
,
. .
.
. .
.
.
14
A.
Applicability
.
.
. . .
-
.
.
.
.
.
.
.
,
.
.
. .
,
.
,
. .
,
.
.
. .
,
.
,
.
.
. .
. .
.
. . .
*.
,
.
,
-
.
.
.
.
.
.
14
B,
GeneTal
Process
for
Submission
of
Documents
.
.
, ,
.
. . .
.
. .
. . .
.
,
.
,
.
.
.
.
.
.
15
C.
Primary
Documenrs
. . .
. .
. . ~.
.
-.
,
. .
*.
,
.
,
-.
.
.
.
.
. .
,
.
. .
.
,
.
.
.
,
. .
-.
.
.
.
.
.
16
D.
Secondary Documents
.
,
.
. . . .
.
.
.
.
. .
~. .
.
.
.
.
.
. .
,
. .
,
.
.
.
,
.
.
. .
.
. .
a.
.
.
.
.
.
16
E.
Meetings
of
the
Project
Managers
on
Development
of
Documents
,
.
. .
.
.
.
.
.
~ .
.
.
.
, ,
. .
.
. .
.
,
. .
. .
,
, , ,
.
.
.
.
.
.
.
,
.
.
17
-
.A
FFlnERAL
FACILITY
AGREEMENT
-
PAGE
1
IDAHO
NATIONAL
ENGINEERING
LABORATORY
This
document
ha5
been
reprinted. Line
and
page
numbers
do
not
conform
to
original.
December
4,
199
1
1
2
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4
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7
8
9
10
11
12
13
14
15
!6
17
18
19
20
21
22
23
24
25
26
27
28
IX
.
X
.
XI
.
XI1
.
XIV
.
xm
.
xv
.
XVI
.
XVII
.
XVIII
.
XIX
.
xx
.
XXI
.
XXII
.
XXIII
.
XXIV
.
XXV
XXVI
.
XXVII
.
XXVIII
.
XXIX
.
xxx
.
XXXI
.
XXXII
.
XXXIII
.
XXXIV
.
E
Identification
and
Determination
of
Potential
ARAKs
.....................
17
G
.
Review
and
Comment
on
Draft
Documents
.............................
18
H
.
Availability
of
Dispute
Rcsoiution
for
Dmft
Final Primary
Documents
.......
20
I
.
Finalization
of
Draft
Final
Primary Documents
..........................
20
J
.
Subsequent
Modifications
of
Final
Primary
Documents
.......................
20
RESOLUTION
OF
DISPUTES
...........................................
21
ENFORCEABlLITY
...................................................
25
STIPULATED
PENALTIES
.............................................
26
TARGET DATES
AND
DEADLINES
.....................................
28
EXTENSIONS
........................................................
28
RECOVERY
OF
EXPENSES
............................................
30
A
.
U.S.EPAExpense
.................................................
30
B
.
IDHWExpense
...................................................
30
ADDlTIONALWORK
.................................................
32
QUALITYASSURANCE
...............................................
32
REPORTING
.........................................................
33
NOTICE
TO
THE
PARTIES
.............................................
34
SAMPLING
AND
DATNDOCUMENT
AVAILABILITY
.....................
35
RETENTION
OF
RECORDS
AND
ADMINISTRATIVE
RECORD
.............
36
ACCESS
.............................................................
37
TRANSFER
OF
PROPERTY
............................................
38
PUBLIC PARTICIPATION
..............................................
39
DIJRATT0N.R
ER
MINATION
............................................
39
CLASSIFIED
AND
CONFIDENTIAL
INFORMATION
.......................
40
FORCEMAJEURE
....................................................
41
FUNDING
...........................................................
42
CREATION
OF
DANGEREMERGENCY ACTION
.........................
45
AMENDMENT
OF
.A
.G!?EEMENT
.......................................
46
RESERVATION
OF
RIGHTS
............................................
47
RELATIONSHIP
TO
U.S.
DOE’S
FIVE-YEAR
PLAN
.......................
48
SEVERABILITY
......................................................
49
EFFECTWEDATE
....................................................
49
FIVE-YEAR
REVIEW
.................................................
38
ATTACHMENTS
A
........
.Action
Plan
for
Implementation
of
the
Federal
Facility
Agreement
and
Consent Order
B
........
.Mutual Cooperative
Funding
Agreement
FEDERAL
FACILITY
AGREEMENT
.
PAGE
2
1
DAEO
Ear!
ON
.A
L
ENG!
NEE
RING
L.4
BORA?TORY
This document has
been
reprinted
.
Line
and
page
numbers
do
not
conform
to
original
.
December
4.
!
99
!
I
2
3
4
5
6
7
g
9
10
11
12
13
14
15
1L
1u
17
18
19
20
21
22
23
1A
LY
25
26
27
28
Based
on
the
information
available
to the
Parties
on
the
efkctive
date
of
this
Federal
Facility
Agreement and
Consent
Order
(“Agreement”).
and
without
trial
or
adjudication
of
any
issues
of
fact
or
law,
the Parties
agrce
BS
fdollows:
I.
JL~RISDICTIOY
Each
Party
is
entering
into
this Agreement
pursuant
to
the
following
authorities:
I.
1
The
United
Scares
Environmental
Protection
Agency,
Region
IO
(“US.
EPA”)
rnrm
into
this
Agreement
pursuant
to
Section
120
(el
of
the Comprehensive
Environmenul
Response.
Compensation,
and
Liability
Act
(“CERCLA”),
42
U.S.C.
0
9620
(e).
a
amended
by
the
Superfund Amendments
and
Reauchonzation
Act
of
1986
(“SARA”),
Pub.
L.
99499
(hereinafter jointly
refmed
to
as
“CERCLA“):
Sections
3004
(u]
and
(VI,
3UU5,
jUG3[hj,
and
600i
of
the
Resourc-
L,
LQnser-
-
vation
and
Recovery
Act
(“RCRA”),
42
U.S.C.
$3
6424
(u)
and
(v).
6925,6923
jh),
and
61361,~
amended
by
the
Hazardous
and
Solid
Waste
Amendments
of
1884
(“HSWA”).
Pub.
L.
98416
(hereinaf-
terjointly referred
to
as
“RCRA”);
and
Executive
Order
12580
(January
5,
1987).
1.2
The
State
of
Idaho.
Department
of
Health and
Welfare
(“IDHW”).
by
and
th:cuph
its
Direcr~r.
enters
I~ro
this
.Agreement
prsiiant
to
Sections
107,
120.
and
121
of
CERCLA,
42
U.S.C.
6924
(u)
and
(VI,
6926,
and
6961;
the
Environmental
Protection
and
Health
Act
(.“EPHA”).
Idaho
Code
(‘IC.”)
p
34-101,
et
seq.;
and the
Hazardous
Waste
Management
Act
(“HWMA’’),
1.C
Q
394Oi
et
scq.
9607,9620
and
9621;
Sections
3004
(u)
and
(v),
3006,
and
6001
of
RCRA,
42
U.S.C.
4s
--
--
1.3
The
Unired
States
Department
of
Energy
{‘*U.S.
DOE”)
enters
into
this
Agreement
pursuant
to
Section
120
(e)
of
CERCLA,
42
W.S.C.
8
9620
(z);
Sections
3004
(u)
and
(v).
3008
(h).
and
6001
OF
RCRA.
42
U.S.C.
$5
6924
(u)
and
(VI,
6928,
and
6961;
Executive
Orders
12580
(January
8,
1587)
and
12088
(October
1978);
the
National
Environmental
Policy
Act
(“NEPA”),
-12
U5.C.
5
4?2!
et
sq.;
md
the
,;l.tamit.
Efirrgy
Act
of
!934
(“AEA”).
BC
amended,
42
U.S.C.
S
201
1
et
seq.
--
I-
FEDERAL E4CILITY
AGREEMENT
-
PAGE
3
!DP,HO
NATIQNAL
ENGINE.E.R-ING
I..ARORATORY
December
4,
199
1
This
document
has
been
reprinted.
Line and
page
numbers
do
not conform
to
original.
1
2
3
4
5
6
7
13
9
IO
11
12
!3
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1.4
It
is the position
of
IDHW
that corrective action requirements
are
applicable
to
INEL
and that such requirements arc enforceable pursuant
to
state and federal
law.
It
is
the
position
of
U.S.
DOE
and
U.S. EPA
that such requirements are
not
enforceable because
INEL
is
listed
on
the
Nation-
al
Priorities
List,
Subject to, and without waiving the provisions
of,
Part
XXXI,
to
the
extent,
if
any, cor-
rective
xticfi
is
required
p~rw-?nt
to
R.CR.4.
and
HWMA
at
!"+
the
Parties
agree
?hilt
this
Agreement
shall
be
deemed
to
constitute, and
to
fulfill
the requirements
of,
a
Consent
Order
under
I.C.
8
39413;
provided, however, that
in
the event
of
any judicial
or
administrative action, nothing
in
this
Agreement
shall constitute
or
he interpreted
as
an
admission
or
stipulation (nor evidence thereof)
of
a
waiver
by
U.S.
DOE
and
U.S.
EPA
of
my
jurisdictional
or
other
claim
or
defense, including any jurisdictional
or
other
claim
or
defense
regarding
the
applicability of Idaho
law.
1.5
As
provided
in
55
Fed. Reg.
11,015-1 1,018
(March
26,
1990),
US.
EPA
au-
thorized
the
State
of
Idaho
to
operate
its
hazardous waste
program
in
lieu
of
the federal hazardous
waste
--A_---
1
I
C
CDA
n-roveimht
.Illth,Gtl,
tn
C*<-t;nn
?NK
nf
RPR
4,
A2
Lr,s.c.
3
fig'??,
x~d
tJ'LV6.Y"..
VI".
LL'L
*+.Iu111.1
Y.~LdL~,,'UYL'.Y'1.,
y"'"'""
.v
YIVC.VLI
<YYY
-A
..-*
-_
40
C.F.R. 27
I.
19.
11. DEFINITIONS
2.1
The
terms
used
in
this Agreement
shall
have
the
same
meaning
as
defined
in
Section
101
of
CERCLA,
42
U.S.C.
9
9601;
the
National
Oil
and
Hazardous
Substances
Pollution
Contin-
gency
Plan
("NCP"),
40
C.F.R.
Part
300;
Section
1004
of
RCRA,
42
U.S.C.
5
6903;
and
HWMA,
I.C.
4
39-4403.
In addition:
''A
-ti--
Ole-''
nhnll
-aom
rha
PIZDPT
A
AlrD
r~~nnnc~
~rt;nn
nrnr~cr
fnr
(a)
ncuvii
1
Ian1
aituii
LLLC.CII~
ulc
~LII\L.LII
L(A.LA
LC.~~.'YXX.,U
u-~.~~~
yLyuu.,y
implementing
this
Agreement, which
is
set
forth
as
Attachment
A;
(b)
"Additional Work"
shall
mean
any
new
or
different
work
beyond the
approved Scope
of
Work
as
provided
for
by
Part
XV,
FEDERAL
FACILITY
AGREEMENT
-
PAGE 4
IDAHO
NATIONAL
ENGINEERING
LABORATORY
This document has been reprintcd. tine and
page
numbers
do
not
conform
to
original.
December
4,
199
1
1
7
3
4
5
h
7
x
9
10
11
12
13
14
15
t6
17
18
19
20
*I
il
22
23
24
25
26
27
28
(in)
“IDHW”
shall mean the
Statc
of
Idaho
Departrncnt
of
Health
and
Wellhre
or
any
of
its
successor
agencies,
ernployces,
and authorized representatives;
(n)
“INEL”
shall
mean
the Idaho National
Engineering
Labomtory
located
iicar
Idaho Falls,
Idaho,
as
dcscribed
at
54
Fed.
Reg.
48.
t
84
(November
21,
19x9);
(9)
‘‘hkrim
.4ction”
(“!.A”)
.;ha!!
mem
my
erirly
xtinn
taken
in
an
operable
unit
to
achieve significant
risk
reduction quickly,
or
to
expedite completion
of
total
site
cleanup, and which
should
not
be
inconsistent with
nor
preclude the implementation
of
the
find
remedy;
(PI
“Lead
Agency” shall mean the regulatory agency
(U.S.
EPA
or
IDHW)
which
is
designated
primary
administrative technical oversight responsibility with
respect
to
implernent-
ing
this Agreement at
a
particular
Wste
Area
Group
pursuant to the Action
Plan:
(Y)
“NCP”
shall mean
the
National
Oil
and
Hazardous Substances Pollution
Con-
tingency
Plan,
40
C.F.R.
Part
300,
as
amended;
i-\
‘‘Paragyaph’’
~hs!!
2
fizp.hercd
Pariornnh
nf
thir
AarPement.
u----------.
I‘
I
e--r--
-_
-----
(S)
“Part”
shall
mean
one
of
the
subdivisions
of this Agreement which
is
desig-
nated
by
a Roman Numeral;
(t)
(U)
“Parties”
shall
mean
U.S.
DOE,
U.S.
EPA,
and
IDHW;
“Project Manager”
shall
mean
each
Party’s
primary
lead
for
all
INEL-related
contacts
under chis Agreement;
(VI
“RCRA” shall mean
the
Resource
Conservation and Recovery Act,
42
U.S.C.
$8
6901
et
seq.,
as
amended
by
the
Hazardous
and Solid
Waste
Amendments
of
1984
(“HSWA”),
Pub.
L.
--
fln
y0-q
LIL
iu,
ani:
any
regi.il~ti~ii~
pioxi;!gi;:ed
~EEGZE~
th~:rt~;
(w)
“Response Action” includes
all
activities
taken
pursuant
to
the
Action
Plan of
this Agrcement, subject
to
Paragraph
5.3,
to satisfy the requirements
of
CERCLA and the corrective
action
requirements
of
HWMA.
FEDERAL
FACILITY AGREEMENT
-
PAGE
6
IDAHO
NATIONAL
ENGINEERING
LABORATORY
This document
has
been
reprinted.
Line
and
page
numbers
do
not
conform
to
original.
December
4,
19Y
1
I
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(XI
“RI/FS
Work
Plan”
is
3
plan which contains
five
(5)
distinct components.
These
are:
(I)
a
Work
PIan;
(2)
a
Sampling
and
Analysis
Plan
which consists
of
a
Field
Sampling
Plan
and
a
Quality
Assurance Project
Plan:
(3)
a
Data
Management
Plan
Supplement;
(4)
a Health and Safety
Plan;
and
(5)
3
Community Relations
Plan
Supplement;
(Y!
“State”
shall
refer
to
the
State
of
Idaho,
Department
of
Health
and
Welfare,
its
employees,
and
authorized representatives;
(2)
“Support
Agency”
shall
mean
the
regulatory
agency
(U.S.
EPA
or
IDHW)
which
has
not
been assigned
as
Lead Agency.
The
Support
Agency provides review, comrnenrs, and con-
sultation
as
resources permit;
(aa)
stipulated penalties;
(bb)
“Target
date”
shall
not mean
an
enforceable date
and
shall
not
be
subject
to
“United States Department
of
Energy”
(“U.S.
DOE”)
shall
mean
the
United
States
Department
nf
Energy,
and
any
of
its
successor agencies. employees,
and
authorized repre-
sentatives;
(cc)
“United
States
Environmental Protection Agency”
(“U.S.
EPA”)
shall
mean
the
United
States Environmenral Protection Agency, including Region
10,
and
any
of its successor
agen-
cies, employees,
and
authorized representatives;
(dd)
“WAG Manager”
shall
mean each Party’s lead for implementing WAG-
specific Action
Plan
requirements;
and
“Waste Area Groups” or
“WAG”
shall mean one
of
the ten
(10)
permanent
m:ln:rgrment
areas
nf
INEL
as
defined
in
the
Action Plan. Each WAG contains one
or
more operable
units, with designated
Lead
and
Support Agencies
as
specified
in
the
Action Plan.
FEDERAL
FACILITYAGREEMENT
-
PAGE
7
iDAH-O
N-ATioNAL
ENGii.EERi‘u’G
iABORAT~ii“
This
document
has
been reprinted. Line
and
page numbers
do
not
conform
to
original.
I
2
3
4
5
6
7
8
9
10
11
12
-1
L3
14
15
16
17
IX
19
20
2i
22
23
24
25
26
27
28
111.
PARTIES
3.1
The Parties
to
this Agreement are
U.S.
EPA,
IDHW,
and
U.S.
DOE.
Each
undersigned
representative
of
a
Party certifies that she
or
he
is
fully
authorized
to
enter into the
terms
and
conditions
of
this
Agreemcnt.
J.A
??
Contrac:o;s
of
exh
Party
;:e
EGt
censidered
Parties
to
this
Agree!??.ent.
The
Parties
shall
be
responsible
for
ensuring
that their respective contractors conduct their acrivities
tn
confor-
mance
with
the requirements
of
this
Agreement.
3.3
U.S.
DOE
shall provide
a
copy
of
this Agreement
and
relevant attachments
to
each
of
its
prime
contractors
at
INEL.
A copy
of
this Agreement shall be made available
to
all other con-
tractors
and
subcontractors
at
INEL retained
to
perform work under this Agreement.
3.4
U.S.
DOE
agrees
to
undertake
all
actions required by the terms and condi-
tions
of
this Agreement
and
not to contest
IDHW
or
U.S.
EPA
jurisdiction
to
execute this Agreement and
rrifoict:
its
reqttiitfiieiiis
pro~iifei:
belfi,
iiicliidifig,
hit
GO:
!imi~d
CO,
PG
X
;id
subject
:G
Part
XXXI.
3.5
3.6
This
Part
111
shall not
be
construed
as
a
promise
to
indemnify
any
person.
Under
no
condition shall
a
Party
under this Agreement utilize the services
of
any consultant, prime contractor,
or
subcontractor who has been
suspended,
debarred,
or
voluntarily
excluded
within
the
scope
of
40
C.F.R.
Part
32
or
under the Federal Acquisition Regulations
(“FAR”)
at
48
C.F.R.
Subpart
9.4
et
scq.
--
rlii
~‘PI‘PPXII-XTT
nrnrrnnncr
I
v.
3
INI
CIVICIY
I
ur
ruKruaL;
4.1
(a)
The
general
purposes
of
this
Agreement are
to:
Ensure that the environmental impacts associated with releases or threatened
releases
of
hazardous substances
at
INEL
are
thoroughly investigated
and
that appropriate response
FEDER.AL
FACILITY
AGREEMENT
-
PAGE
8
IDAHO
NATIONAL
ENGINEERING
LABORATORY
This document
has
been
reprinted. Line
and
page numbers
do
not
conform
to
original.
December
4,
199
1
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9
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12
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1.J
IS
15
16
17
[8
19
20
L
?i
22
23
23
25
26
27
28
scions
are
undettaken
and
ccmplexd
;LS
necessary
to
Frclccr
Ihe
yblic
5eal::.,
welf~re,
ind
the
environmenr;
bi
Establish
a
procedurd
framework
and
schedule
for
developing,
priorilizing.
impiementing.
and
monitoring appropriate
response
actions
at
PiEL
in
accardsnce
with
CERCLA.
RCRA.
and
HWMA;
IC
i
Facilitate
cooperation.
exchange
of
information.
and
participation of
the
PaTtitls
in
such
acrions;
Cisi
(e
)
Minimize
the
duplication
of
andpis
and
documenrnfian;
Ertpedile
the
ckmup
process
to
the
muimum
rx1er.C
practicable
cmsispF.t
wiih
protrction
of
human
health
and
the
environment;
and
Ifl
Supersede
the
Consent
Order
and
Compliance
Agreement
("COCA"),
Docket
No.
1086-35-~&3008LKJ13,
issued
pursuant
to
Section
3008
oFRCRA,
42
U.S.C.
Q
6928,
and
executed
on
JULY
10,
1987.
4.2
(a)
Speciijccally,
the
purposes
of
this
Agreement
are
to:
Identify
IA
alternatives
which
are
appropriate
ar
INEL
prior
io
the
irnplernen-
tatian
of
find
actions
at
INEL.
fA
alternatives
shall
be
identified
and
informaiiy
proposed
by
rhc
Pdrikk
as
etrrjy
as
possrbk
and
prior
to
k-rr-rrl
prop~sr!.
This
crccess
is
designed
to
p,rorr.ate
cooperation
among
the
Parties
in
promptly
identifying
rA
alternatives;
@I
Esrablish
requirements
for
the
pedcmnancc
a€
intesrigatiorts
to
determine
fully
the
name
and
extent of
any
threaf
to
the
public
health
or
welfare
or
the
environment
caused
by
any
:<!ease
2:
rhreze~ed
.P~PB:P
QE
hazardous
siibstances
at
INEL.
and
to
establish
requirements
fur
the
per-
formance
of
studies
fur
U.S.
DOE
io
identify,
evaluate.
and
select
alternatives
for
he
appropriare
actjodsi
tu
prevent,
mitigate,
or abare
the
release
or
threatened
release
of
hazudous
substances
at
INEL;
(c)
Implement
the
selected
respunnse
actions
In
accordance
with
the
Action
Pian;
and
FEDERAL
FACILITY
AGREEMENT
-
PAGE
9
IDAHO
NATIONAL
ENGINEERING
LABORATORY
This
document
has
been
reprinted.
Line
mmd
page
numbers
do
not
conform
to
or&~al.
rjecember
4,
i99
i
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(a
Assure compliance with applicable federal and
state
hazardous waste
laws
and
regulations
for
matters covered herein.
V.
STATUTORY
COMPLIANCE
-..
51
This
Agreement
integrates
1J.S.
DOE'S
CERCLA response obligations
and
RCRA
and HWMA corrective action obligations
at
INEL
which relate
to
the
release(s)
of
hazardous
sub-
stances covered
by
this Agreement. Compliance with activities required
by
this Agreement
will
be
deemed
to:
achieve compliance with CERCLA,
42
U.S.C.
9601, et
scq.;
satisiy the corrective
action
requirements
of
Sections 3004
(u)
and
(v)
of
RCRA,
42
U.S.C.
$3
6924(u)
and (vi,
for
a
RCRA
permit,
and Section
3008
(h),
42
U.S.C.
9
6928 (h),
for
interim
status facilities;
satisfy
the corrective action
requirements
of
HWMA;
and
meet
or
exceed
all
applicable
or
relevant and appropriate federal
and
state
laws
and regulations
to
the
extent required by Section
12
1
of
CERCLA,
42
U.S.C.
9
962
I.
--
.J.-
<7
ui)c~!
the
fcregc?ing,
the
Parties
intend
that
any
response
action
selected, implemented, and completed under this Agreement will be protective
of
human
health and
the
environment such that remediation
of
releases covered
by
this
Agreement
shall
obviate
the
need
for
further response action under federnl
or
state
law.
5.3
Nothing in this Agreement shall alter
U.S.
DOE
authority
with
respect
to
removal actions which
are
conducted pursuant
to
Section
104
of
CERCLA,
42
U.S.C.
3
9604,
as
provided
by
Executive Order
12580.
V!.
!?EGuL'*.TOEY
DETERMIN.4TrQN.s
6.1
The
following
sections
of
this
Part
constitute
a
summary
of
the
facts
upon
which
US.
EPA
and
IDHW are proceeding for the purposes
of
this Agreement. Neither the
facts
nor
determinations
stated
in
this
Agreement
shall
be considered admissions
by
US,
DOE;
nor shall they be
used
for
any
purpose
other than determining the jurisdictional
basis
of
this Agreement.
FEDERAL
FACILITY
AGREEMENT
-
PAGE
10
IDAHO NATIONAL
ENGINEERING
LABORATORY
December
4,
i
YY
i
This document
has
been reprinted.
Line
and
page numbers
do
not conform
to
original.
I
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3
4
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6
7
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28
6.2
INEL
is
a
facility
as
defined in Section
101(9)
of
CERCLA.
42
U.S.C.
$
9601(9)
and was Listed
by
U.S.
EPA
on
the
National Priorities List
(“NPL”)
on
November
21,
1989.
54
Fed.
Reg.
44,384 (NovcmberZl, 1989).
6.3
Since the establishment
of
the
INEL
Site
in
1949, materials subsequently
defined
2s
haznrdnus
suhstnnces
have
been
produced, disposed
of.
and
released at
INEL;
6.4
U.S.
DOE
is
a
generator
of
hazardous waste
and
an
owner/operator
of
a
hazardous waste management facility at
INEL.
Facilities at
INEL
engaged
in
treatment, storage,
or
disposal
of
hazardous
waste
at
the
INEL
facility
are
subject
to
interim
starus
requirernenrs;
6.5
US.
DOE
owned
and
operated its facility as
a
hazardous
waste management
facility
on
and after November
19,
1980,
the applicable date
which
renders
facilities subject to
interim
status requirements
or
the requirement
to
have
a
permit
under
Sections
3004
and
3005
of
RCRA,
42
U.S.C.
$5
6924
and
6925,
and
HWMA;
and July
3, 1986,
the
applicable date
for
interim status
for
pciizj;~
~der
Sections
3OQ4
rt??.
?!X!5
r?F
!?CRA,
42
U.S.C.
59
6924
and
6925;
and
HWMA
for
mixed
waste
fac
i
1
it
ies
.
6.6
Pursuant
to
Section
3010
of
RCRA,
42
U.S.C.
8
6930,
U.S.
DOE
notified
U.S.
EPA
of
its hazardous waste
activity.
In
its notification,
U.S.
DOE
identified
itself
as
a
generator
of
hazardous waste and
an
owner/operator
of INEL,
a
treatment,
storage,
and
disposal facility for
hazardous
waste;
6.7
There
have been releases and there may continue to
be
releases and threat-
ened
releases
of
hazardous substances into
the
environment within
the
meaning
of
Sections
101(22),
104,
IUO,
and
io7
of
CEXCLA,
42
U.S.C.
$$9601(22),
9604,9606,
s.d
9607;
Sech~
3004
(G)
af
RCRLA,
42
U.S.C.
8
6924
(u);
and
HWMA,
I.C.
394408,
at
or
from
INEL.
With respect
to
those releases or
threatened releases,
U.S.
DOE
is
a
responsibte
person within the meaning
of
Section
107
of
CERCLA,
42
U.S.C.
$9707,
and
HWMA,
I.C.
39-4403;
<
n,-
FEDERAL
FACILITY
AGREEMENT
-
PAGE
11
IDAHO
NATIONAL
ENGINEERING
LABORATORY
This
document
has
been
reprinted.
Line
and
page numbers do not
conform
to
original.
December
4,
i
99
i
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3
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6.8
The
actions
to
be taken pursuant
to
this Agreement are reasonable
and
neces-
sary
to
protect the
public
health, welhre,
or
the environment.
VII.
REGULATORY
APPROACH
A
DmLrt
hA!in!rtrnrnent
11.
,
LVJbb’L
L.‘U..”bL....’.’.
7.
I
As
provided in
the
Action
Plan,
each Party shall designate
a
Project Manager
for the purpose
of
overseeing the implementation
of
this
Agreement. Any
Party
may change
its
desig-
nated Project
Mnnilger
by
written notification
to
the other
Parties
ten
(10)
days
before
the
change,
to
the
extent
possible.
To
the
maximum
extent possible, communications between the Parties concerning
the
terms and conditions
of
this Agreement
shall
be directed
rhrough
the Project Manager. Each Project Man-
ager
shall be responsible for assuring that all communications
from
the
other Parties are appropriately
disseminated
to
that responsible Project Manager‘s organization. Any
Party
may
also
provide
written
norificarion
oi’
an
aiternate
Prujrci
iviiiriagei-.
7.2
The Action Plan identifies all
Waste
Area
Groups
(“WAGs”) and designates
the
Lead
Regulatory Agency (“Lead Agency”) for each WAG at INEL.
U.S.
EPA
and
IDHW
will reeval-
uate the
Lead
Agency
assignments for
all
WAGs
four
(4)
years
after the effective
date
of
this Agreement.
This
Agreement shall
be
amended
by
US.
EPA
and IDHW
to
incorporate transitional changes, as
necessary.
7.3
The
Lead
Agency
responds to
all
submittals in accordance
with
Part
VIII.
The regulatory agency not designated
;is
Lead Agency shall be the
Supporting
Regulatory Agency
(“Sup-
port
Agency”j.
Tne
suppoft
Agency receives
copics
of
all
submiti&
aiid
pi-Gi..ides
ieVii?W,
cornmen:,
&?d
consultation
as
resources permit
in
accordance with
Part
VIII. In the event
of
a disagreement, disputes
are
resolved
according
to
Part
IX.
FEEER.AL
FACILITY
AGR.EEMENT
-
PAGE
12
IDAHO
NATIONAL ENGINEERING LABORATORY
This
document has been reprinted. Line and page
numbers
do
not
conform
to
original.
December
4,
199
1
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28
B.
Response Actions
7.4
The
Parties
seek to ensure site-wide consistency, minimize
the
potential for
conflict, eliminate potentially duplicative or uncoordinatcd rcqutrernents, utilize well-established
and
;Lv;lilabk processes
and
guidance,
achieve
compliancc
wifh
CERCLA,
RCRA,
and
WWMA,
and
agree
that the HWMA corrective action process is functionally equivalent
to
the CERCLA response action
process. Therefore, the rcqutrements
of
CERCLA and the NCP shall be reflected
in
the Action Plan.
The
Parties
agree
to
apply
the Action
Plan
at all
WAGS,
regardless
of
the
7.5
Lead
Agency
designarion.
7.6
It
is
the intent of
the
Parties that the Action
Plan
process shall apply to all
cleanups
covered
by
this Agreement
to
the exclusion
of
any
process
in future
RCRA
or
HWMA
correc-
tive action regulations which would otherwise be applicable. In the event
that
the regulatory agencies
determine that
the
process
of
such corrective action regulations become applicable
and
could impose
in-
consistent
or
duplicative requirements, the Parties
shall
amend
this Agreement
to
assure compliance with
CERCLA
and
ensure that the CERCLA/NCP response action process
referenced
in
the Action
Plan
continues to
be
applied at
all
WAGS.
C.
Pemittim
7.7
The
Paflies recognize that under Section
121
(e)
(1)
of
CERCLA,
42
U.S.C.
9621
(e)
(l),
response actions called for
by
this Agreement
and
conducted entirely on the
INEL
Site are
exempted from
the
procedural requirement to obtain federal, state,
or
local
permits, when such response
action
is
selected and
carried
out
in
compliance with Section
121
of CERCLA,
42
U.S.C.
9621.
Nonethe-
!e.$,
these
zctions
shall
satisfy;
to
the
extent
authorized
by
law,
all
the
applicable
or
relevant
and
appro-
priate
federal
and state standards, requirements, criteria, or limitations which would have been included in
any such permit. Accordingly,
when
U.S.
DOE
proposes that
a
response action
be
conducted
entirely
on
FEDERAL
FACILITY
AGREEMENT
-
PAGE
I3
IDAHO
NATIONAL
Eiu'Gii4'EERiNG
LABORATGRY
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do
not
conform
to original.
1
2
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28
the
INEL
Site
which,
in
the
absence
of
Section 121 (e)
(1)
of
CERCLA and the NCP,
would
require
a
federal
or
state
permit,
U.S.
DOE
shafl
include in the
appropriate
documents
submitted
to
the
Lead
and
Support
Agencies:
(4
!b?
Identification
of
each permit which
would
otherwise be required;
Identification of
the
standards, requirements,
criteria,
or limitations which
would have had to have been
met
to obtain
each
permit; and
(c)
Explanation
of
how
the response action proposed
will
meet
the standards,
requirements, criteria,
or
limitations
of
this Part.
7.8
The
Paties
further
recognize that on-going hazardous waste management
activities at
INEL
not
subject
to
this Agreement
may
require the issuance of permits
under
federal and
state
laws.
This
Agreement
does
not
affect
the
requirements, if
any,
TO
obtain
such
permits. However, this
Agreement
shall
be referenced
and
incorporated
as
corrective action
in
any
permit
issued
to
U.S.
DOE
for
ongoing
kiz&ous
waste
rn~qzgemezt
nctivities:
Agreement incorporated
by
reference into permits, the Parties intend that judicial review
of
the
incor-
porated
portions
shall, to the extent authorized
by
law,
only
occur
under the
provisions
of
CERCLA.
INEL.
With
rps~prf
tcr
response
action
pnninnc
of
this
VIII.
CONSULTATION
WITH
U.S.
EPA
AND
IDHW
A. Applicability
8.1
The
provisions
of
this
Part
establish
the
procedures
that
shall
be
used
by
the
Parties to provide each
other
with appropriate notice, review, comment, and response
to
comments regard-
ing
submiitcci
liuciiiijeiiis,
specified
hereiii
as
cithcr
phziiij
GT
secmdxy
d~ccments.
In
acc~rdmce
with
Section
120
of
CERCLA,
42
U.S.C.
0
4620,
U.S.
DOE
will
normalIy
be responsible for issuing
primary
and
secondary
documents
to
U.S.
EPA
and
IDHW.
As
of
the effective date
of
this
Agreement,
all
draft
and final documents
for
my
deliverable
document
identified herein
shall
be
prepared,
distributed,
and
subject
to
dispute in accordance with Paragraphs
8.3
through
8.24
below.
FFnER
AI
FACTLITY
AGREEMENT
-
PAGE
14
IDAHO NATIONAL
ENGINEERING
LABORATORY
This document
has
been
reprinted. Line
and
page
numbers
do
not
conform
to original.
December
4,
199
1
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25
26
27
28
8.2
The
dcsignatiun
of
;L
document
as
“drafr’’
or
‘-final”
is
solely
for
purposes
of
consultation with
L.S.
EPA
and
IDHW
in
accordance
with
this
Part.
Such
designation
dues
not affect
the
obligation
of
the
Partics
to
issue
documents,
which
may
be
referred
to
herein
as
“final.”
to
the
public
for
rwkw
and
comment
;IS
appropriate
llnd
3s
required
by
law.
6.
General
Process
.
-~
for
Submission of Documents
Primary
documents
include those
documents
that are major-
discrete
portions
of
required
activities.
Primary
documents
shall
be
initially issued
by
U.S.
DOE
in
draft. subject
to
review
and
comment
by
U.S.
EFA
aid
ii3H1&.
FolloKiiig
receipt
ofcoiiiiiiilntsr,nai;a~iou!a:d:af~
pfi~~r;.d~-
urnent,
U.S.
DOE
shall respond
IO
the
commenls
received
and
issue
a
draft final primary document
sub-
ject
to
disputc resolution. The
draft
final
primary
document
shall
become
the
final primary document
either
thirty
130)
days
after
submittal
of
a
draft
final
document
if
dispute
resolution is not
invoked.
unless
otherwise agreed
as
provided
in
Paragraph
8.18,
or
as
modified
by
decision
of
the
dispute resolution
process.
The
leadisupport
..
agencies
shall,
within the
first
fifteen
(15)
days
of
this
thirty
(30)
day period
for
finalization
of
primary
documents.
identify
to
US.
DOE
any
issues
or
comments
in
order
to
provide
snf-
ficient
time
for
review. discussion,
and
modificarion
of
draft
5naI
documents.
as
necessary,
to
resolve
potentiai
disputes.
~. .
8.3
8.4
Secondary documents include those documents that
are
discrete portions
of
the
primary
documents
and
are
typically
input or feeder
documents.
Secondary
documents
shall
be
issued
by
t1.S.
DOE
in
draft
subject
to
review
and
comment
by
U.S.
EPA
and
IDHW.
Although
U.S.
DOE
shall
respond
IO
comments received. the
draft
secondary
documents
may
be
finalized
in
the
context
of
the
cor-
resoonding
draft
final
primary
document
to
be
issued.
A
secondar);
document
may
be
disputed
at
rhe
time
the corresponding
draft
final
primary
document is issued.
FEDERAL
FACILITY
AGREEMENT
-
PAGE
15
N-ATiONAi
ihBORATGR‘i
This
document
has
been
reprinted. Line and
page
numbers do
not
conform
to
original.
I
2
3
4
5
6
7
8
9
10
II
12
i3
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
C.
Primary
Documents
8.5
As
required
by
the
Action
Plan,
US.
DOE
shall
complete
and
trmmit
for
each
OUfiVAG
the
applicable
primary
documents
to
U.S.
EPA
and
IDHW
for
review
and
comment
in
accordance
with
the provisions
of
this
part:
(z)
Re;;;edia!
!fiVe$iggi=n
i,“P,!”),Fe..ihl!iry
Stud:,
{‘‘FS”)
,&ope
nf
Work
(“SOW”)
(b)
RIFFS
Work
Plan
(C)
RIFFS
Report
(d)
Record
of
Decision
(“ROD”)
(e)
Remedial
Design
(“RD”)
(0
ki
RA
Report
Remedial
Action
(“RA”)
Work
Plan
[iij
operzti;-;oiis
aiid
Main:en&7;ce
Repm
8.6
Only
the
draft
final
versions
for
the
primary
documents identified
above
shall
be
subject
to
dispute
resolurion.
U.S,
DOE
shall complete
and
transmit
draft
primary
documents
in
accor-
dance
with
the
deadlines
established
in
Table
A.1
of
Appendix
-4
of
the
Action
Plan.
The
Action
Plan
is
appended
to
the
Agreement
as
Amchment
A.
D.
Secondary
Documents
8.7
As
required
by
the
Action
Plan,
U.S.
DOE
shall
complete
and
transmit
the
following
applicable draft
secondaq
documents
to
U.S.
EPA
and
IDHW
for
review
and
comment
in ac-
cordance
with
the
provisions
of
this
pari:
(a)
ib)
(c)
(dl
RI
Report/Baseline
Risk
Assessment
Scope of
Work
for
Interim
Actions
Preliminary
Scoping
Track
2
Sampling
and
Analysis
Plan
Preliminary Scoping
Track
2
Summary
Report
This
document
has
been
reprinted.
Line
and
page
numbers
do
not
conform
to
original.
December
4,
199
1
I
2
3
4
5
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7
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10
11
12
13
14
15
16
17
18
19
20
71
il
22
23
24
25
26
27
28
G.
Review and
Comment
on
Draft
Documents
8.12
U.S.
DOE
shall complete and
transmit
each
drat'[
primary document
to
U.S.
EPA
and
IDHW
OR
or
before
the corresponding deadline established
for
the
issuancc
of
the document.
U.S.
DOE
shall complete and transmit
the
draft secondary document
in
accordance with the target
dates
established
for
the issuance
of
such documents established herein.
8.13
Unless the Parties mutually agree
to
another time period,
all
draft primary
docurncnts shall be subject
to
a
forty-five
(45)
day period
for
review
and
comment, and
all
draft second-
ary documents
shaii
be subject to a thirty
(3Oj
day
period
for
review
and
comment
wiiii
iiir
rxcrpiiuii
uf
the
RI
with
Bascline
Risk
Assessment which shail be forty-fivc
(45)
days. Review
of
any document by
U.S.
EPA
or
IDHW
concerns
all
aspects
of
the document {including completeness) and should include,
but
is
not
limited
to,
technical evaluation
of
any aspect
of
the document,
and
consistency with
CERCLA,
the NCP, and
my
pertinent guidance
or
policy promulgated
by
U.S.
EPA or
IDHW.
Comments by
IJ.S.
EPA
and
IDHW
shall
be provided with adequate specificity
so
that
U.S.
DOE
may
respond
to
the
comments and,
if
appropriate, make changes
to
the
draft
document, Comments shall refer
to
any
pertinent
sources
of
authority
or
references upon which the comments are based, and. upon request
of U.S.
DOE,
U.S.
EPA,
or
IDHW,
shall provide
a
copy
of
the cited authority
or
reference.
in
cases
invoiving compiex
or
unusually lengthy documents, the Lead Agency may extend
the
forty-five
(45)
day comment period
for
an additional twenty
(20)
days by written notice
to
the
other
Parties
prior
to
the
end
of
the forty-five
(45)
day period.
On
or
before
the
close of the comment period, the
Lead
Agency
shall,
and
the
Support
Agency may, transmit their
written
comments
to
U.S.
DOE.
X:!4
Representatives
of
U.S.
DOE
shall make themselves readily available
to
U.S.
EPA
and
lDHW
during the comment period
for
purposes
of
informally responding
to
questions
and
com-
ments
on
draft documents.
Oral
comments made during such discussions
need
not
be the
subject
of
a
written response
by
U.S.
DOE
on
the
close
of
the comment
period.
FEDERAL
FACILITY
AGREEMENT
-
PAGE
18
IDAHO
NATIONAL
ENGINEERlNti
LABORATORY
This
document has been reprinted. Line and page
numbers
do
not
conform
to
originat.
December
4,
i
99
i
I
2
3
4
5
6
7
8
9
IO
11
12
!I(
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
8.15
In
commenting
on
a
draft document which contains a
proposed
ARARs
determination,
U.S.
EPA
and
IDHW
shall include
a
reasoned statement
of
whether they object
to
any por-
tion
of
the
proposcd
ARARs
determination.
To
the extent that
U.S.
EPA
or
IDHW
do
object, they shall
explain the basis for their objection in detail and
shall
identify
any
ARARs
which
they
believe were not
properly addressed
in
the
proposed
ARARs
determination.
8.16
Following
the
close
of
the
comment
period
for
a
draft
document,
U.S.
DOE
shall
give
full
consideration
to
all
written comments
on
the draft document submitted during the comment
period.
-with the exception
of
rhe
Ri
with Baseiine
Risk
Assessment,
which
siioii
be
forty-five
i45j
days,
U.S.
DOE
shall transmit
to
U.S.
EPA
and
IDHW
its written response
to
comments received during the
comment period withtn thirty
(30)
days
of
the close
of
the comment period
on
a draft secondary docu-
ment. Within forty-five
(45)
days of the close
of
the comment period
on
a
draft
primary
document,
U.S.
DOE
shall transmit
to
U.S.
EPA
and
IDHW
a
draft
final
primary document, which
shall
include
US
DOE'S
response
to
all
written comments received within the comment period. While the resulting
draft final document shall
be
the
responsibility
of
US.
DOE,
it
shall
be
the product
of
consensus
to the
maximum
extent possible.
8.17
In
cases involving
complex
or unusually
lengthy
documents,
U.S.
DUE
may
extend the comment period
provided
in Paragraph
8.
I6
for
an
additional twenty
(20)
days
by
providing
notice
to
U.S.
EPA
and
IDHW.
In appropriate circumstances,
this
time period may be
further
extended in
accordance with
Part
XIII.
8.18
Project
Managers
may
agree
to
extend
by
fifteen
(1
5)
days
the period for
fifia!izatInn
of
the
draft
final
primary
documents provided
in
Paragraph
8.3
as
necessary
for
editing
purposes.
FEDERAL
FACILITY
AGREEMENT
-
PAGE
19
IDAHO
NAIL'IONAL
ENGINEERING
LABORATORY
December
4,
i
99
i
This
document
has
been reprinted. Line
and
page
numbers
do not conform
to
originak.
I
2
3
4
5
6
7
8
9
10
I1
12
ili
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
H. Awilabilitv
of
Dtsoute
Resolution
for
Draft
Final
Primarv
Documents
8.19
Dispute resolution
shall
be available to the Parties
for
draft final primary
documents
as
set
forth
in
Part
IX.
When dispute resolution
is
invoked on
a
drlift final primary document,
work
may
be stopped
in
accordance with
(he
procedures set
forth
in
Part
IX.
'I
c:nnl:.r,,t;n+,
A'n,-ft
'C;n-l
P,-irnerti
nnrllmentr
1.
I
,,,O.IILU,L",,
"I
"LULL
L
,.I-.
I
...
L.U.,
YYII...U
...-
8.20
The draft
final
primary document
shall
serve as the final
primary
document
if
no Party invokes dispute resolution regarding the document
or,
if
invoked, at cornpIetion of the dispuce
resolution process
should
U.S.
DOE's
position be sustained.
If
U.S.
DOE's
determination
is
not
sustained
in
the
dispute
resolution process,
U.S.
DOE
shal1 prepare, within not more than thirty-five
(35)
days,
a
revision
of
rhe draft final document
which
conforms to
the
results
of
dispute
resolution.
In
appropriate
circumstances,
the
time
period
for
this
revision period may
be
extended in accordance with
Part
XI11
hereof.
J.
Subsequent Modifications
of
Finat
Primary
Documents
8.2
I
Following finalization
of
any
primary
document pursuant to Paragraph
8.20,
any Party to this Agreement
may
seek to modify
the
document. including seeking additional
field
work,
pilot studies, computer modeling,
or
other supporting technical work, only
as
provided in Paragraphs
8.22
and
8.23.
8.22
A
Party
may
seek
to
modify
a
primary
document after finalization
if
it deter-
mines, based
on
new information (i.e., information that became available,
or
conditions
that became
known, after the document
was
finalized)
that the requested modification
is
necessary. A
Party
may
seek
sucii
t~~odificatiijri
bj;
siibi~ittifig
8
coati;::
*:Atex
request
to
the
PrniPrt
A-J--.
*'----
Manager
~fthp
other
P~I~PE
The
request
shall
specify
the
nature
of
the requested modification
and
the
new
information
upon which
the
request
is
based.
FE,DER.A.L
FACILITY
.AGRU33fENT
-
FACIE
20
IDAHO
NATIONAL
ENGINEERING
LABORATORY
This
document has been reprinted.
Line
and
page numbers
do
not
conform to original.
December
4,
199
1
I
3,
3
4
5
h
7
d
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
8.23
In
the event that agreement
of
the Project
Managers
is
reached,
the
modifica-
tion
shall
be
incorporated
by
rct'crence and become
fully
ent'orceahle under
the
Agreement pursuant to
Part
XXX.
In
the
event that consensus is
not
reached
by
the Project Managers on
a
modification,
any
Party
may
invoke dispute
resolution
as
provided
in
Part
IX
to
determine
if
such
modification shall be
madc.
Modification
of
a
document shall be rcquired
only
upon
a
showing that:
(I)
the requested modifi-
cation
is
based
on
significant new information; and
12)
the requested modification could
be
of significant
assistance
in
evaluating
impacts
on
the public health
or
welhre
or
the environment,
in
evaluating the se-
lection
ut'
remedial
alternatives,
or
in
protecting human heaitn ana
the
environment.
8.24
Nothing
in
this
Part
shall
alter
U.S.
EPA's
or
IDHW's ability
to
request
the
performance
of
additional
work.
in
accordance with
Part
XV.
JX.
RESOLUTION
OF
DISPUTES
R.!
Except
as
expressly
set
forth
in
this
Agreement,
if
a
dispute arises under
this
Agreement, the procedures
of
this Part shall
apply.
It is the intent
of
the Parties to
resolve
issues
at the
OU
or
WAG
Manager
level
and that the
Support
Agency
shall
invoke
Dispute Resolution
only
for
significant issues.
9.2
All
Parties
to
this Agreement
shall
make reasonable efforts to
informally
resoIve disputes at
the
Project Manager
or
immediate
supervisor
level.
If
resolution cannot be achieved
informally,
the procedures
of
this
Part
shall
be
implemented
to
resolve
a
dispute.
(a)
Within
thirty
(30)
days after:
(1)
the submittal
of
a
draft
final
primary
docu-
mexr
pxrsuant
t~!
Part
VI!!
nf
&Is
.Agre~rnent, or
(2)
any
action
which leads to
or
generates a dispute, the
disputing
Party
shall
submit
to
the
other
Parties
a
written statement
of
dispute setting
forth
the
nature
of
the
dispute, the
work
affected by
the
dispute,
the
disputing
Party's
position with respect to the dispute and
the
information the disputing
Party
is
relying upon
to
support its position.
This
document has
been
reprinted.
Line
and
page
numbers
do
not
conform
to
original.
December
4,
199
l
1
2
3
4
5
6
7
8
9
IO
I1
12
!3
14
15
16
17
18
19
20
31
Ll
22
23
24
25
26
27
28
(bl
Prior
to
any
Party’s
issuance
of
a
written statement
of
dispute,
the
disputing
Party
shall
engage
the
other Parties in informal dispute rcsolution among the
Project
Managers
and/or
their immcdinte supervisors. During
this
informit
dispute resolution period the Parties shall meet
as
many
times
as
arc
necessary
to
discuss and attempt resolution
of
the dispute.
!c!
It’
agreement cannot
be
reached on any
issue
within
the
informal dispute reso-
lution period, the disputing
Party
shall
forward
a
written statement
of
dispute
to
the Dispute Resolution
Committee
(“DRC”)
thereby elevating
the
dispute to the
DRC
for
resolution.
(4
The
Dispute
Resolution Committee
(“DRCj
wiii
serve as
a
forum
for
resoiu-
[ion
of
disputes
for
which agreement has not been reached through informal dispute resolution.
The
Par-
ties
shall
each designate
one
individual
and
an
alternate to serve on the
DRC.
U.S.
DOE
may designate
it
different individual and
an
alternate with respect to matters
at
the Naval
Reactors
Facility
(“WAG
8”)
and
the
Argonne
National Laboratory
-
West
(“WAG
9”).
The
individuals designated
to
serve
on
the
DRC
sha!!
he
emp!nyd
at
-1
pn!icy
!eve!
quivalmt
to
Senior
Executive
Service
(“SES”)
or
be delegated
the
authority
to
participate
on
the
DRC
for
the purposes
of
dispute resolution under this
Agreement.
The
U.S.
EPA’s representative
on
the
DRC
is
the Hazardous Waste Division Director
of
U.S.
EPA’s
Region
10
(“U.S.
EPA
Division
Director”).
The
IDHW
representative
on
the
DRC
is
the
Chief
of
the Hazardous
Materials Bureau (“Bureau Chief’).
U.S.
DOE’S
representative
on
the
DRC
is the
Assistant
Manager
for
Environmental Restoration and Waste Management. Written notice
of
any delegation
of
authority
from
a
Party’s
designated representative
on
the
DRC
shall be
provided to all other
Parties
pursuant to the
proce-
dures
of
Part XVIII.
/a
I
EnIIntzs;fi*
“..““.“‘b
elewcztinn
I.I.UII”L.
nf
“1
-
I
dicnrite
-.“y...-
to
I~P
...-
--_-,
DRr
the
----
-
nRT*
---
-......
~h;lll
....
have
twenty-one
\+I
(21)
days
to
unanimously
resolve the dispute and issue
a
written decision signed
by
all
Parties.
If
the
DRC
is
unable
to
unanimously
resolve
the
dispute within
this
twenry-ne
(2
1)
day period the written
statement
of
dispute shall be forwarded
to
the
Senior
Executive Committee
(“SEC”)
for
resolution.
FEDERAL
FACILITY
AGREEMENT
-
PAGE
22
IDAHO
NATIONAL
ENGINEERING
LABORATORY
This document
has
been
reprinted.
Line
and
page
numbers do not
conform
to
original.
December
4,
i
94
i
1
2
3
4
5
6
7
x
9
10
11
12
13
14
1.5
I6
17
18
19
20
21
22
23
24
25
26
27
28
(
1-l
The
SEC
will serve
as
the
forum
for resolution
of
disputes for which agree-
mcnt
has
not
been
reached
by
the
DRC.
The
US.
EPA representative
on
the
SEC
is
the
Regional Admin-
istrator
of
US.
EPA’s
Region
10
(“U.S.
EPA
RA”).
The
IDHW
representative
on
the
SEC
is
the
Administrator
of
the
Division
of
Environmental Quality (“DEQ Administrator”).
U.S.
DOE’S
representa-
tive
on
the
SEC
is
the
Manager
of‘the
U.S.
DOE
ldnho
Field Officc. The
SEC
members shall,
as
appro-
priate, confer, meet, and
exert
their best efforts to resolve the dispute and ue
a
written decision signed
by
all Parties.
If
unanimous resolution
of
the
dispute
is
not
reached
within
twenty-one
(21)
days,
the
..
I,
n
Pn.
u.3.
crfi
RA
siiilii
;>sue
il
wriiiefi
p0S;itioii
fGi
dijpiiies
&iising
a:
U.S.
EPA-ka:!
%‘,*,C-S,
XX!
the
9EQ
Administrator
shall
issue
a written
position
for disputes
arising
at
IDHW-lead
WAGs.
Any
Party
may,
within
twenty-one
(21)
days
of
the issuance
of
U.S.
EPA’s
or
IDWW’s
position.
issue
a
wrttten notice ele-
vating the
dispute
to
the
Administrator
of
U.S.
EPA
for
U.S.
EPA-lead
WAGs
or
the
Governor
of
the
State
of
Idaho
for
IDHW-lead
WAGs
for resolution
in
accordance with
all
applicable
laws
and proce-
dures.
In
the event that
a Party
elects
not
to
elevate
the dispute
to
the
Administrator
or
Governor within
the designated
twenty-one
(21)
day escalation period,
the
Party
shall
be
deemed
to
have agreed
with
U.S.
EPA
RA’s
or
DEQ
Administrator’s
written
position
with respect
to
the dispute.
-.
(gi
upon
escaiation
of
a
dispute
io
iilc
AiiItiiiiisiiaior
of
V.S.
EPA
fii
C~iieriior
of
Idaho
pursuant
to Paragraph
9.2(f),
the
Administrator
or
Governor,
as
appropriate,
shall
issue
a
final
written decision
to
the Parties within twenty-one
(21)
days.
Upon request, and prior to issuance
of
the
final
written decision, rhe
U.S.
EPA Administrator and the Governor
of
Idaho shall
jointly meet
and
confer
with the Secretary
of
U.S.
DOE
to
discuss the issue(s)
in
dispute.
If
there
is
disagreement between
the
Administrator
and
the Governor regarding
a
final written decision, within twenty-one
(21)
days
of
its
issuance,
the
Administrator
or
the Governor,
as
appropriate, shalI issue
a
written statement
of
position.
The
duties
of
the Administrator
and
the Governor
of
Idaho
as
set
forth
in
this
Part
shall
not
be
delegated.
This document has been
reprinted.
Line
and
page
numbers
do
not conform
to
original.
December
4,
!99
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10.2
This
Agreement shall
be
referenced and incorporated,
in
pertinent
part,
in
any
HWMA
hazardous waste
permit
for
corrective action issued
by
IDHW
to
INEL.
Permit
requirements,
including corrective action,
may
be enforced
in
accordance with
Part
XXXI.
10.3
this
Agreement, subject
to
Part
XXXI.
The
Parties
agree that
all
Parties
shall
have the right to enforce
the
terms
of
XI.
STIPULATED
PENALTIES
11.1
In
the event that
U.S.
DUE
iails
to submit a
primary
document
pursuant
10
the appropriate deadline
in
accordance with the requirements ofthis Agreement,
or
fails
to
comply with
n
term
or
condition of this
Agreement
which relates
to
an
interim
or
final
response
action
at
an
EPA-lead
OU,U.S.
EPA
may
assess
a
stipulated
penalty
against
U.S.
DOE.
If
IDHW determines at
a
state-lead
OU
that
U.S.
DOE has
failed in
a
manner as
set
forth
above
at
an
OU,
it
may
identify
and
recommend stipu-
!~tec!
pen:!ties
to
U,S.
ERA
md,
un!ess dispmed
pursuant
to
Part
IX,
such
penalties may be assessed in
accordance
with
this
Part.
A stipulated penaky
may
be
assessed
in
an
amount
up
to
Five
Thousand
Dol-
lars
($5,000)
for the first week
(or
part
thereof), and
up
to
Ten
Thousand
Dollars
($10,000)
for
each addi-
tional week
(or
part
thereof) for which
I
failure
set
forth
in
this Paragraph occurs.
11.2
Upon
determining that
US.
DOE
has failed
in
a
manner
set
forth in
Paragraph
11.1,
U.S.
EPA shall
so
notify
U.S.
DOE
in
writing. If the failure
in
question
is
not
or
has not
already
been
subject
to
dispute resolution at
the
time
such
notice
is
received,
U.S.
DOE
shall have fifteen
(15) days after
receipt
of
the notice to invoke dispute resolution
on
the
question
of
whether the faiture did,
in
fm,
GCCW.
U.S.
DOE
sha!!
not
be
!iiih!~
fclr
che
stipu!ated
pen3lt.y
assessed
if
the
failure is determined.
through the dispute resolution process, not
to
have occurred.
No
assessment
of
a
stipulated
penalty
shall
be
final
until the conclusion of
dispute
resolution procedures related
to
the assessment
of
the stipulated
penalty.
FEDERAL
FACILITY
AGREEMENT
-
PAGE
26
IDAHO
NATIONAL
ENGINEERING
LABORATORY
This document
has
been reprinted.
Line
and page
numbers
do
not conform to
original.
December
4,
iY9i
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12
13
14
15
*/
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17
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27
28
11.3
The annual
reports
required
by
Section
120
(e)
(5)
of
CERCLA,
42
U.S.C.
D
9620
(e)
(5),
shall
include,
with respect
to each final assessment
of
a
stipulated
penalty
against
U.S.
DOE
under this Agreement. each of the following:
(a)
(b)
(c)
The facility responsible for the failure;
A
statement
of
the facts
and
circumstances giving rise to the failure;
A
statement
of
any
administrative action taken
at
the relevant facility,
or
a
statement
of
why
such
measures were determined to be inappropriate;
(4)
P.
rtzteme~t
nf
~qy
&litinni!
?&Cy?
taken
hy
nj-
nC
fh~
fa~i!ICy
In
prevent recurrence
of
the
same
type
of
failure;
and
(e)
The
total
dollar
amount
of
the
stipulated penalty
assessed
for
the
particular failure.
11.4 Stipulated penalties assessed pursuant to
CERCLA
and
this
Part
shall be pay-
able to
the
Federal Hazardous Substances Response Trust Fund from funds authorized
and
appropriated
for
that
specific purpose.
11.5
In
no
event
shall
this
Part
give rise to a CERCLA stipulated penalty in
excess
of
tilt:
LtrriCjuiit
sei
fwdi
in
Section io9
of
CERCLA,
42
U.S.C.
$
9609.
11.6
This
Part
shall
not affect
U.S.
DOE'S
ability
to
obtain
an
extension
of
a time-
table
and
deadline or schedule pursuant
to
Part
XIII.
11.7
Nothing
in this Agreement
shall
be construed
to
render
any
officer
or
em-
ployee
of
U.S.
DOE
personally liable
for
the
payment
of
any
stipulated penalty assessed pursuant
to
this
Part.
11.8
In
the event that current
and
applicable
law
respecting
fines
and
penalties
changes, the Parties agree
to
meet and negotiate whether modifications to this
Part
are appropriate.
The
dispute process in
Pan
iX
shaii not
appiy
tu
this
iasiie.
This
document has been reprinted. Line and page numbers
do
not
conform
to
original.
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2
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25
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28
XII.
TARGET
DATES
AND
DEADLINES
12.1
A
summary
of
enforceable deadlines
is
set
forth
in Appendix
A
of
the Action
Plan
as
Table
A.
1,
12.2
Within twenty-one
(21)
days
of
issuance
of
the
ROD
for
each
OU
requiring
remedial
action;
1,s.
DOE
shall
submit
a
RD./RA
SOW.
subject
to
dispute within
thirty
(30)
days
of
sub-
mittal under Paragraph
9.2
(a)
(2).
The
RD/RA
SOW
shall identify, and estabIish target dates
for
submit-
tal
of, remedial design
secondary
documents
and deadlines for submittal of the drafts
of
the
RDRA
Work
Plan (primary documents identified
in
Paragraph
8.5
(e)
and
(t]).
The
RA
Work
Plan
shall
identiry,
and
establish target
dares
for
submittal
of,
RA
secondary documents. The draft
of
the
RA Report
(a
primary
document identified
in
Paragraph
8.5
(g))
shall
be
submitted within sixty
(60)
days
of
the
final
inspection.
The draft
of
the Operations
and
Maintenance
Report
(a
primary document identified
in
Paragraph
8
(h))
shall
be
submitted within ninety
(90)
days
of
the completion of operations
and
maintenance activities.
The
dczd!incs
set
forth
in
this
Parr
may
he
extended
pursuant
to
Part
XIII.
The
Parties recognize that one possible basis
for
extension
of
the deadlines
for
completion of the
RIFS
Reports is the identification
of
significant new Site conditions during the performance
of
the
RI.
!2.3
XIII.
EXTENSIONS
13.1
Either
a
timetable and deadline
or
a
schedule shall be extended upon receipt
of
a
timely request for extension and
when
good
cause
exists
for
the
requested extension.
Any
request for
extension by
U.S.
DOE
shall
be
submitted
to
the
Project
Managers
in writing
and
shall
specify:
/nI
\-I
(b)
(c
1
(4
ne
tirr.etab!e
a!?d
d..d!ir?.
or
the
schdn!e
1h.r.
is
scllght
to
he
PxfPndPd;
The length
of
the extension sought;
The good
cause(s)
for
the extension;
and
Any related timetable and deadline or schedule that
would
be
affected
if
the
extension were granted.
FEDERAL
FACILITY
AGREEMENT
-
PAGE
28
IDAHO
NATIONAL
ENGINEERING
LABORATORY
December
4,
i49i
This
document
has
been reprinted. Line
and
page
numbers
do
not
conform
to
originaI.
1
2
3
4
5
6
7
8
9
io
I1
12
13
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20
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28
13.2
Good
cause exihts
for
an
extension when sought
in
regard
to:
An
event
or
Force iviajeure;
A
delay
caused
by
another
Party’s
failure
to
meet
any
requirement
of
this
(b)
Agreement;
(c)
A
delay caused
by
the good faith invocation
of
dispute resolution
or
the intti-
ation
of
judicial action;
(dl
A
delay caused.
or
which
is
likely to be caused,
by
the
grant
of
an
extension
in
regard to another timetable
and
deadline
or
schedule; and
(e
)
Any
other event
or
series
of
events mutually agreed to
by
the Parties
as
con-
stituting
good
cause, including delays that result from compiiance with other federai
iaws.
13.3
Absent agreement
of
the Parties with respect to
the
existence
of
good
cause,
U.S.
DOE
may
seek and obtain
it
determination
through
Part
IX,
13.4
Within seven
(7)
days
of
receipt
of
a
request
for
an
extension
of
a
timetable
and deadline
or
a
schedule,
U.S.
EPA
and
IDHW
shall advise
U.S.
DOE
in
writing
of
their respective
po-
sitinns
nn
t!~
request.
.Any
f~itwe
hy
1J.S.
EPA
or
IDHW
to
respond within the
seven
(7)
day period shall
be deemed to constitute concurrence in the
request
for extension.
If
U.S.
EPA
or IDHW
does
not
concur
in
the requested extension, it shall indude in
its
statement
of
nonconcurrence
an
explanation
of
the basis
for
its position.
13.5
If
there
is
consensus
among
the.Parties that the requested
extension
is
war-
ranted,
U.S.
DOE
shall extend
the
affected
timetable and deadline
or
schedule accordingly.
If
there
is
no
consensus
among
the
Parties
as
to
whether all
or
part
of
the
requested
extension is warranted, the time-
table
and
deadline or schedule shall not
be
extended except in
accordance
with
a
determination resulting
from
the
aispute resoiurion process.
FEDERAL
FACILITY
AGREEMENT
-
PAGE
29
IDAHO
NATIONAL
ENGINEERING
LABORATORY
This
document
has
been
reprinted.
Line
and page
numbers
do
not
conform
to
original.
December
4,
199
1
I
2
3
4
5
6
7
8
9
10
11
12
!3
14
15
16
17
18
19
20
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L1
22
23
24
25
26
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28
13.6
Within seven
(7)
days
of
receipt
of
a
statement
of
nonconcurrence
with the
requested extension,
U.S.
DOE
may
invoke dispute resolution under
Part
IX.
13.7
A timely
and
good
faith request for
an
extension shall toll
any
assessment
of
stipulated penalties
or
application
for
judicial enforcement of the affected timetable and deadline
or
schedu!e
Enti!
?.
de&iC?fi
is
reilched
lution
is
invoked and the requested extension is denied, stipulated penalties
may
be assessed
and
may ac-
crue
from
the
date
of the original timetable,
deadline,
or
schedule. FoIIowing
the
grant
of
an
extension, an
assessment
of
stipulated penalties or
an
application
for
judicial enforcement may
be
sought
only
to
com-
pel
compliance
with
the timetable and deadline
or
schedule
as
most
recently
extended.
whether
the
req!jeStPd
evtensinfi
shall
bP
approved.
!f
disp?!te
reso-
XIV.
RECOVERY
OF
EXPENSES
A.
U.S.
EPA
Expense
!4.l
us
EP.4
.!?E!!
Mke
I!!
Eecescz!!
steps
rmc!
EZkP
PffQrtS
to
clhrair!
cirnely
funding to meet its obligations under this Agreement. Notwithstanding
any
other provision
of
this Agree-
ment,
in
the
event that
U.S.
EPA,
in
consultation with
US.
DOE
and
IDHW,
determines that sufficient
funds
have
not
been
appropriated
to
meet
any
post
Fiscal
Year
1992
commitments established by
this
Agreement,
U.S.
EPA
may
terminate this Agreement
by
written notice
lo
U.S.
DOE and IDHW.
B.
IDHW Expense
14.2
US.
DOE
shall
reimburse IDWW
for
costs
of response action directly related
to
implementation
of
this
Agreement, pursuanl
to
Secrion
107
of
CERCLA,
42
U.S.C.
Q
9607,
and
not
~~,-nm~~n+~n+
.,,;th
rhp
hTPD
;n
qp.rn7rlnnpp
ui;th
the
fnllnrr,;nn
nmvi~innc-
*,IL"IIJIJIL,,L
111L.i
L..C
&.GI,
1..
Ycc".uLu.r\l
..1,1.
LA...
I".."..
".b
p."".,'"""'
(a)
A
separate grant shall
be
the specific mechanism for transfer
of
funds
be-
tween
U.S.
DOE
and
IDHW for payment
of
the costs referred to herein;
FEDERAL
FACILITY
AGREEMENT
-
PAGE
30
IDAHO NATIONAL
ENGINEERING
LABORATORY
This
document
has
been reprinted.
Line
and
page
numbers
do
not
conform
to
original.
December
4,
199
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
!$
19
20
21
22
23
24
25
26
27
28
XV.
ADDITIONAL
WORK
15.1
In
the event
that
additional work.
or
modification to work.
inchding
remedial
investigatory
work.
engineering evaluation, and changes
to
operable units
is
necessary
to
accomplish the
objectives
of
this Agreement, notification and description
of
such additional
work
or
modification to
work
shall be provided
to
US.
UUE.
U.S.
DOE
will
evaluate
the
request and notify the requesting
Party
within
thirty
(30) days
of
receipt
of
such
request
of
its intent and ability to perform such work, including
the
im-
pact such additional work
wiil
have on budgets and schedules.
If
U.S.
DOE
does not agree that such addi-
tional work is required
by
this Agreement
or
if
U.S.
DOE
asserts such additional
work
is
otherwise
inappropriate, the
matter
shall
be
resolved
in
accordance with the dispute resolution procedures
of
this
.
Aprprrnpnt
-~
_______.__.
as
mnmnrintp
-rr.lT
FiPlrl
mnrlifimtinns,
as
set
fnnh
in.
the
Action
Plan;
are
not subject
to
this
Part.
15.2
Any
additional work
or
modification to
work
determined
to
be necessary
by
U.S.
DOE
shall be proposed
by
U.S.
DOE
and
will
be subject to
review
in
accordance with the appropri-
ate dispute resolution procedures
of
this Agreement, as appropriate,
prior
to initiation.
15.3
If,
during implementation
of
any
additional
work
or
modification
to
work,
U.S.
DOE
determines
that
the
work
wiIl adversely affect
work
schedules
or
will
require
significant revi-
sions to an
approved
schedule, the
U.S.
EPA
and
IDHW
Project Managers
shall
be
immediately notified
gf
the
sitll.)tinr!
fn!!gs"ied
by
2
h--pf
written
p.p!.flnrior?
within
spvpt-!
(7)
days
of
thp
initial
nntificntign.
Requests
for
extension
of
deadlines
or
schedule(s)
shall
be
evaluated
in
accordance with
Part
XIII.
15.4
Any additional
work
accomplished pursuant to this
Part
shall
be
reflected
in
a
written amendment to this Agreement
as
provided
for
in
Part
XXX.
XVT.
OUALITY ASSURANCE
16.
I
All response
work
performed
pursuant
to
this Agreement
shall
be
done under
the direction
and
supervision
of,
or
in consultation with,
as
necessary,
a
qualified engineer, hydrogeolo-
This document
has
been reprinted. Line
and
page
numbers do
nor
conform
to
original.
December
4,
199
1
1
2
3
4
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6
7
8
9
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11
12
11
1.3
14
15
16
17
18
19
20
2i
22
23
24
25
26
27
28
gist,
or
other
expert,
with
experiencc
and
expertise
in
hazardous waste management, and hazardous waste
site investigation. cleanup,
and
monitoring.
16.2
Throughout
311
sample collection, transportation, and analyses activities
conducted
in
connection with this Agreement,
U.S.
DOE
shalt use procedures
for
quality assurance, and
for
q~mlity
control,
and
for
chain+f-custody
in
accordance
with
approved
U.S.
EPA
methods, including
"Interim Guidelines and Specifications
for
Preparing
Quality
Assurance
Project Plans,"
QAMS-OOSlXO,
"Data
Quality
Objective Guidance,"
U.S.
EPA
1540/687/003
and
004,
and
subsequent amendments
to
such guidelines.
AH
Parties shall require each laboratory
it
uses
to
perform
analyses according
to
approved
US.
EPA
methods. Each laboratory
shall
be
required
to
participate
in
a
quality assurance/
quality control program equivalent to
that
which is followed by
U.S.
EPA
and which
is
consistent with
U.S.
EPA
document
QAMS405l80.
As
part
of each
RIPS
Work
Plan,
U.S.
DOE
shall submit
a
Quality
Assurance
Project
Plan
("QAPP")
to
U.S.
EPA
and
IDHW
for approval prior to
use
and
in
accordance
?fie
~~~i~~
P:~~.
T-
-.-----T
TT
C
EUA
"-A
TnLJlXI
rh-ll
fnllntr!
tho
CIAPP
iwniiirpmpntc
wwrifid
in
111
&LllGlah,
U.J.
LI
'-I
QllU
lull
..
illlull
LYl."..
-..I
y'..
A
-'yc."~"'-'"'
yy-------
--_
this Paragraph.
XVII.
REPORTING
17.1
U.S.
DOE
shall
submit
to
IDHW
and
U.S.
EPA
monthly
written progress re-
ports
which
describe
the actions which
U.S.
DOE
has
taken
during
the
previous
month to
implement
the
requirements
of
this Agreement. Progress reports,
similar
in
content to
the
May
1990
COCA
Report,
shall
also
describe
the
activities scheduled to
be
taken during the
upcoming
three
(3)
months.
Progress
reports
shaii
be
submirred
by
the
iweriiy-fifth
(25th)
day
of
each
riioiiih
fdhviiig
;he
effec:ive
date
~f
:his
Agree-
ment.
The
progress reports shall
also
include
a
detailed statement
of
how
the
requirements
and
time
schedules
set out in the attachments to this Agreement
are
being
met,
identify
any anticipated delays
in
FEDERAL
FACILITY
AGREEMENT
-
PAGE
33
IDAHO NATlONAL
ENGINEERING
LABORATORY
This document
has
been
reprinted. Line
and
page numbers
do
not conform
to
original.
December
4,
199
1
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2
3
4
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6
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9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
18.3
U.S.
DOE
shall submit
six
(6)
copies
of
all documents
and
noiices
to
U.S.
EPA
and
IDHW.
Where practicable, a11 submittals shall
be
two-sidcd copies
on
recycled paper,
XIX.
SAMPLING
AND
DATADOCUMENT
AVAILABILITY
19.1
The Parties intend to
m&e
available
to
each other quality assured results
of
sampling, tests,
or
other data generated
by
any
Party,
or
on
their behalf, with respect
to
the implemen-
tation
of
this Agreement within seventy-five
(75)
days of collection. Quality assured data
or
results
shall
De
submitted
as [ley
become uvaiiabie
but
no
iater
than
one
hundred
ana
twemy
i
i2Oj
days
after
collection.
19.2
Non-quality assured data results received by
U.S.
DOE
will.
upon
request, be
made available to
U.S.
EPA
or
IDHW
at INEL. Neither
U.S.
EPA
nor
IDHW will duplicate or remove
these
records, information,
or
data,
unless
U.S.
EPA
or
IDHW
provide written assurance that
U.S.
EPA
or
IDHW
will
treat the non-quality assured data as confidential and
not
disclose the data pending completion
of
quality
assurance or expiration
of
the
one
hundred
and
twenty
(120)
day period provided for complet-
ing quality assurance.
19.3
To
the extent that non-quaiity assured
data
are made avaiiabie
to,
or
re-
viewed
by,
U.S.
EPA
or
IDHW
prior
to
the
one
hundred and twenty
(120)
day period established in
Paragraph
19.
I,
such data
so
disclosed:
(a)
shall
not
form
the
basis
for
agency action; provided, however, that
U.S.
EPA
or
IDHW
may
request that
U.S.
DOE
accelerate completion
of
quality assurance procedures
regarding
specific
data:
and
(b)
shall be held
in
confidence
and
shall
not
be
further disclosed except with the
consent
of
U.S.
DOE
or
as
may
be
mandatory under
applicable
law.
Prior
to any mandatory further
dis-
cIosure under
this
paragraph,
U.S.
EPA
and
IDHW shal1 consult and coordinate with
US.
DOE;
provided,
FEDERAL
FACILITY
AGREEMENT
-
PAGE
35
December
4,
i
99
N.*Ti9)N-AL
EN-G
iNEERiN-G
e,
RAi(-jiiY
This document
has
been reprinted.
Line
and page numbers
do
not
conform to original.
1
2
3
4
5
6
7
8
9
10
11
12
i3
14
15
16
17
18
19
20
"l
i.l
22
23
24
25
26
27
28
however, that
U.S.
EPA
shall,
upon
U.S.
DOE'S
request, promptly transfer responsibility
for
responding
to
il
request
for
such
data
to
U.S.
DOE
as
provided
in
40
C.F.R.
2.1
I
I
(d)(2).
19.4
At
the request
of
either the
IDHW
or
U.S.
EPA
Project Manager,
U.S.
DOE
shall
allow
split
or
duplicate samples to be taken by
IDHW
or
U.S.
EPA
during
sample collection
---A..,.+-A
A..-:-,.
+L-
:--I
+..+:-..
-c+L:.-
A,..~,,-**+
rr
c
nnc
".call
h~..,~thanm..nrt,.n;t.,
prrta~p
LUIlUULLCU
UUI
LIlg
4llF
IIII~ICIIICIILULLUII
VI
LIllD
Af;lLLll~LllL.
U.0.
UUL
511U11
IIUVb
L11b
Up~U1LUlllLJ
IU
LUb
split samples
when
U.S.
EPA or
IDHW
undertakes such activity pursuant to this Agreement.
The
Project
Managers shall notify the other respective Project
Managers
not
less
than
fourteen
(14) business days
in
advance
of
any
well
drilling,
sample
collection,
or
other monitoring
activity
conducted pursuant to this
Agreement.
The
fourteen
(14)
day notification
can
be waived
upon
mutual agreement among
the
Project
Managers for
U.S.
DOE,
U.S.
EPA,
and
IDHW.
19.5
If preliminary
analysis
indicates
a
potential imminent
and
substantial endan-
germent
to
the public health, all
Project
Managers
shall
be
immediately
notified.
XX.
RETENTION
OF
RECORDS
AND ADMINISTRATIVE
RECORD
20.
I
U.S.
DOE
will
establish
and
maintain databases for compilation
of
site-wide
validated and quality assured technical decision-level data that
will
be considered
or
relied upon in selec-
tion
of
response
actions. The data will
be
maintained at a
U.S.
DOE-designated
storage location(s)
and
summanzed in the administrative record file, located at the
INEL
Technical Library
in
Idaho
Falls,
Idaho.
U.S.
DOE
will provide
U.S.
EPA
and
IDHW
with
access
to the data pursuant to
Part
XIX
of
the
Agree-
ment.
Hard
copies
of
the
electronically maintained
data
wiII be available
to
U.S.
EPA,
IDHW,
and
mem-
bers
of
the
pubiic
upon
requesi.
20.2
U.S.
DOE
shalI
preserve
for
a
minimum
of
ten (10)
years
after termination of
this Agreement all
of
the
records in
its
possession,
or
in the possession
of
its contractors, related to
sampling, analysis, investigations, and monitoring conducted
in
accordance with this Agreement. After
this ten
(10)
year period,
U.S.
DOE
shall notify
U.S.
EPA
and
IDHW at least forty-five
(45)
days pnor
to
-
WIIFR
-
-
__
-
-
Al
-
-
-
FACT1
.
-
-
--
.TTY
-
-
AGREEMENT
.- . .
-
-
-
PAGE
36
IDAHO
NATIONAL
ENGINEERING
LABORATORY
December
4,
199
1
This
document has been reprinted. Line
and
page numbers do not conform to original.
1
2
3
4
5
6
7
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9
10
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13
14
15
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17
18
19
20
21
22
23
24
25
26
27
28
destruction
or
disposal of
any
such records.
Upon
request,
U.S.
DOE
shall
make
such records
or
true
copies
available. to
the
other
Parties.
20.3
U.S.
DOE
agrees
it
shall establish and maintain
an
Administrative Record
and
Index
at the INEL Technical
Librliry
in
Idaho
Falls,
Idaho,
in
accordance with Section
1
13(k)
of
CERCLA,
42
U.S.C.
records for selection
of
CERCLA response actions.
U.S.
DOE
will provide
a
periodically updated Index
and
a
copy
of
each document
placed
in
the
administrative record
to
U.S.
EPA and
IDHW.
96
13(k),
and current and future
U.S.
EPA
policy and guidance
on
administrative
XXI.
ACCESS
21.1
Consistent with applicable security requirements and necessary safety
pre-
cautions,
but
without limitation
on
any authority conferred
on
either agency
by
law,
U.S.
EPA,
IDHW,
or
their authorized representatives, shall have authority
to
enter
INEL
at
all
reasonable time(s) with
or
with-
out
prior
notification for
the
purposes
of
carrying
out
the terms
of
this Agreement.
21.2
U.S.
DOE
will
identify
an
individual
as
a
point
of contact
for
access to each
facility
at
INEL.
With respect
to
matters concerning access at
the
Naval Reactors Facility
(“NRF’)),
the
Manager,
iu’avai Reacrors,
Idaho
Branch Office
or‘
U.3,
DOE,
wiii
be
tiit:
poini
of
coniacici.
Wiih
respect
to
matters concerning
access
at the Argonne National Laboratory-West
(“ANL-W’),
the Director, Argonne
Area Office-West, will be the point
of
contact.
21.3
The
stared reasons for
any
denial of access shall
be
immediately provided in
writing, handwritten
or
otherwise.
21.4
To
the extent that this Agreement requires access
to
property
not
owned
and
controlled by
U.S.
DOE,
U.S. DOE
shall exercise
its
authorities to obtain written access agreements
pur-
suant
to
Section
104(e)
of
CERCLA,
42 U.S.C.
$
9604(e).
U.S.
DOE
shall
use
its best
efforts
to
obtain
signed access agreements for itseif,
its
authorized represenracives,
and
U.S.
EFA
anci
izli3w
and
their
au-
thorized representatives,
from
the present
owners
or lessees
in
advance
of
the date such activities ace
This
document
has
been reprinted. tine
and
page numbers do not conform
to
original,
I
2
3
4
5
6
7
0
9
10
I1
12
13
14
15
i6
17
18
19
20
21
22
23
24
25
26
27
28
XXIV.
PUBLIC
PARTICIPATION
24.
I
The Parties agree that this
Agreement
and
any
subsequent proposed response
action altemative(s)
at
INEL
arising
out
of
this Agreement
shall
comply
with
the
administrative
record
and public participation requirements
of
CERCLA, including Sections
113
(k)
and
117
of
CERCLA,
42
U.S.C.
$4
9613
(k)
and
9617,
U.S.
EPA
guidance
on public participation
and
administrative records,
and, where appropriate, public participation requirements
of
HWMA.
24.2
US
DOE
has
developed
a
draft comprehensive
Community
Relations Plan
(“CRP”)
which
responds
to
the
need for an
interactive relationship with
all
interested community
elements,
both
on
and
off
INEL,
regarding activities
and
elements
of
work undertaken by
U.S.
DOE
at
INEL
under this Agreement. The final
CRP
shall
be
implemented in
a
manner consistent with Section
1
I7
of
CERCLA,
42
U.S.C.
3
9617,
US
EPA guidelines set
forth
in
U.S.
EM’S
Community Reiations
Handbook,
and
my
modifications thereto, and, where appropriate, public participation requirements
of
HWMA.
24.3
Where
appropriate,
U.S.
DOE
intends
to
coordinate any applicable
NEPA
review
with the public participation requirements
of
this
Agreement.
XXV.
DURATION/TERMINATION
25.1
Upon satisfactory completion
of
the response action phase
as
described
in the
Action
Plan
for
a
given
OU
or
WAG,
U.S.
DOE
may request and
the
Lead
Agency
shall issue a Notice
of
Completion to
U.S.
DOE
for
that
OU
or
WAG.
At
the discretion
of
the
Lead
Agency,
a
Notice
of
Completion
may
be issued
for
completion
of
a
portion
of the
response action
for
an
OU
or
WAG.
25.2
This
Agreement
shall
terminate when
U.S.
DOE
has
satisfactorily completed
all work pursuant
to
this Agreement
and
the
Action Plan,
or
when the Parties unanimously agree
to
termination.
This document has been reprinted. Line
and
page
numbers
do
not
conform
to
original.
Decem-her
A,
199
1
1
2
3
4
5
6
7
8
9
10
11
12
!3
14
1.5
16
17
18
19
20
21
22
23
24
25
26
27
28
25.3
Upon completion
of
all
remedial action
for
the INEL Site,
U.S.
DOE
may
request, in writing,
a
determination
from
U.S.
EPA
that
it
is appropriate
to
delete
INEL
from the NPL.
Upon
receipt
of
this
submission
from
U.S.
DOE,
U.S.
EPA,
after consultation with
IDHW,
shall apply
the
factors
outlined
in
40
CFR
300.425
and determine whether
all
appropriate response action
has
been
imp!~m~nm!
at
the
Site,
and
whether
my
potentia!
threat
tn
public
health
nr
the environment
remains;
25.4
If
U.S.
EPA determines, after consultation with
IDHW,
that
no
further
response
is
appropriate and that
the
Site
should
be
deleted from the
NPL,
U.S.
EPA
will
initiate steps to
delete the Sire
from
the NPL, consistent with CERCLA, as amended,
and
the
NCP,
25.5
If
U.S.
EPA
determines,
after
consultation with
IDHW,
that deletion from the
NPL
is
not
warranted,
U.S.
EPA
shall
so
notify
U.S.
DOE,
in writing, and provide specific reasons for the
determination.
U.S.
DOE shall
take
appropriate
steps to
correct
any deficiencies noted and may
subse-
quentty
resubmit
far
U.S.
EPA’s
reconsideration
U.S.
DOE’S
request
for
deletion in accordance with the
mrnw;cinnc
nf
rh;c
Dirt
YL”.
ICI.”IId
V.
*Ill“
I
bw
c.
XXVI.
CLASSIFIED
AND
CONFIDENTIAL INFORMATION
26.
I
Notwithstanding
any
provision
of
this Agreement, all requirements of the
Atomic Energy Act
of‘
1954,
as amended.
and
all
Executive
Orders
concerning
the
handling
of
unclassi-
fied controlled nuclear information, naval nuclear propulsion information, restricted data, and national
security information, including “need to
know”
requirements, shall
be
applicable
to
any
access
to infor-
mation or facilities,
or
public dissemination
of
information, covered under the provisions of this
Agree-
men:.
In
addi:ion,
these
data,
dGcuments,
reeds,
Gr
files
which
cou!d
Gthemvise
be
withheid
pursuzm
to
the
Freedom
of
Information Act (“FOIA”),
5
U.S.C.
0
552,
or
the Privacy Act
of
1972,5
U.S.C.
0
552
(a),
unless
expressly authorized for release by
the
originating
Party,
shall be handled
in
accordance
with
those
provisions
of
law
and
any
implementing regulation. Upon submission
to
IDHW, US.
DOE
shall
identify
any
materials determined
by
U.S.
DOE
to
be
exempt
from public disclosure
pursuant
to
FOIA, and, unless
FEDERAL
FACILITY
AGREEMENT
-
PAGE
40
IDAHO
NATIONAL
ENGINEERING LABORATORY December
4,
199
1
This
document
has
been
reprinted.
Line
and
page
numbers
do
not
conform
to
original.
I
2
3
4
5
6
7
8
9
10
11
12
13
14
15
1L
IU
17
18
19
20
21
22
23
24
25
26
27
28
expressly authorizcd
by
U.S.
DOE,
such materials
shall
be exempt from public disclosure by
IDHW
pursuant to
I.C.
9
9-340
(1).
Transmittat
of
information
or
data determined by
U.S.
DOE
to be exempt
from
disclosure
shall
not be deemed
a
waiver
by
U.S.
DOE
of
any
rights, benefit,
or
privilege
associated
with
the information.
26.2
Any
Party may
assert
on
its
own behalf
or
on behalf
of
an authorized
repre-
sentative,
a
confidentiality
claim or privilege covering
all
or
any
pan
of
the information requested by this
Agreement, pursuant
to
Section
104
of
CERCLA,
42
U.S.C.
3
9604,
and State law. Anafytical
data
shall
nGt
be
c!aimed
2s
ccEfiddtlR~ia!.
P2zies:
XC
time any information
is
furnished which is claimed
to
be
confidential,
all
Parties
shal1
afford
it
the
maxi-
mum protection allowed
by
law.
If
no
claim
of confidentiality
accompanies
the
information,
it
may
be
made available
to
the public without further notice.
reqllir5-d
?c!
provide
!eg.!!y
p!-ivi!cgec!
ififclrmatinn.
At
the
XXVII.
FORCE
MAJEURE
27.1
A Force
Majeure
shall
mean
any
event arising from causes
beyond
the
con-
trof
of
a
Party
that causes
a
delay
in,
or
prevents the performance
of,
any
obligation under
this
Agreement,
:-"l..A:-,.
L..*--+
1:-:,-,4
e.-..
lllLluull~~,
UUL
llWL
IllllLLLU
LU.
(a) acts
of
God, fire,
war,
insurrection, civil disturbance,
or
explosion;
(b) unanticipated breakage
or
accident
to
machinery, equipment, or
lines
of
pipe
despite
reasonably diligent maintenance;
(c)
adverse weather conditions
that
could not be reasonably anticipated,
or
unusual
delay
in transportation;
(d)
restraint by
court
order
or
order
of
public
authority;
(e) inability to
obtain,
consistent
with
statutory requirements
and
after
exercise
of
reason-
-1-7-
J.,.--
~~~
_il_
-..&L-A--.:---
-1,
,,,:+,
,.,I:,,,,,"
,,.
,,.+:,,
,..:-.rn+;An
aUlc
UlllgGIlCc,
illly
11CLG;bsary
ilLILIIuIILcllIuI1J,
uppluv
ala,
~II~IIL~,
UI
IIC~ILJCJ
uub
LW
nLuuaI
ut
IILU~LIVII
vi
any governmental agency
or
authority other than
U.S.
DOE;
FEDERAL
FACILITY
AGREEMENT
-
PAGE
41
lDAI.10
N,*,TIOE.SAL
ENG!NEERING
LP.BOP,P.TO!?Y
Fecember
4,
!99!
This
document
has
been reprinted. Line
and
page
numbers do not conform to original.
1
2
3
4
5
6
7
x
9
10
11
12
13
14
15
i6
17
18
19
20
21
22
23
24
25
26
27
28
(f)
delays
caused
by
compliance with applicable statutes
or
regulations governing con-
tracting, procurement,
or
acquisition procedures, despite the exercise
of
reasonable diligence;
and
(g)
insufficient availability
of
appropriated funds,
if
U.S.
DOE
shall
have made timely
request
for
such
funds
as
part
of
the budgetary process
as
set forth
in
Part
XXVIII
of
this
Agreement.
27.2
A
Force
Majeure shall
also
include
any
strike
or
other labor dispute, whether
or
not within
the
control
of
the
Parties
affected thereby.
A
Force
Majeure shall not include increased costs
or
expenses
of
response actions, whether
or
not anticipated at the time such
resporise
actions were
iriiitaisci.
.
..
27.3
U.S.
DOE
and
IDHW
agree that
Paragraph
27.1
(g)
does
not create
any
presumption
that
such event
arises
from
causes beyond the control of
a
Party.
IDHW
specifically reserves
the
right to withhold its concurrence to
any
extension which
is
based
on
such
event
pursuant
to
the
terns
of
Part
XIII,
or
to
contend that such event does not constitute
Force
Majeure
in
any
action
to
enforce this
Agreement.
XXVIII.
FUNDING
28.
i
it
is
the
expectation
of
the Parties that
aii
obiigations
of
U.S.
DOE
arising
under
this Agreement
will
be
fully
funded through Congressional appropriations. Consistent with
Con-
gressional limitations on future funding,
W.S.
DOE
shall
take
all
necessary steps and use its best efforts to
obtain timely funding to meet its obligations under this Agreement, including, but not limited to, the sub-
mission
of
timely budget requests.
28.2
The
purpose
of
this Paragraph
is
to assure that the Parties adequately commu-
nicate and exchange
information
about funding
concerns
that affect the implementation
of
the Agreement.
(4
U.S.
EPA,
U.S.
DOE,
and
IDHW
Project
Managers
shall
meet
periodically
throughout each
Fiscal
Year
(*'FY'')
to
discuss projects
being
funded in the current
FY:
the status
of
the
This
document has been reprinted. Line and page numbers
do
not
conform
to
original.
I
2
3
4
5
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12
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15
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17
1s
19
20
21
22
23
24
25
26
27
28
current
year
projects. and events causing
or
expected
to
cause significant changes to
any
activity
neccs-
say
to
meet
target dates, deadlincs,
and
any
other requirements
under
this Agreement.
U.S.
DOE
shall
provide
information
faor
these
meetings that
shows,
to
the
extent possible, projected and
actual
costs
of
accomplishing
such
activities.
(b)
U.S.
EPA
and
IDHW
may
comment
annually
on
U.S.
DOE-ID
cost estimates
for
the
corresponding
activities established under this Agreement for each budget year.
U.S.
DOE-ID
will
consider
any
comments received and include those comments along with these
cos1
estimates
in
submit-
&..I-.
,..--A
L--
rr
c
nnc
rn
*-
rr
c
nnc
un
F..,+L,
..-I,..,~..+
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LlUlll
U.J.
YWL-IY
LV
U.J.
UWL-11~
IUL
1111;
IGLLVUIIl
UUUf;bL
JCLLI.
(c)
In
or
about June
of
each
year.
U.S.
DOE
shall provide
US,
EPA
and
IDHW
with current five-year planning
cost
estimates based
upon
revision to
U.S.
DOE’S
Five-Year
Plan.
These
estimates will be
based
on
the Activity
Data
Sheets
(“ADS”)
level.
This
submission shall include
a
corre-
lation
of
relevant
ADS
with activities required
under
the Agreement.
(4
U.S.
DOE
will provide to
U.S.
EPA
and
IDHW
a
copy
of
the President’s
Budget Request to Congress and sections of the
U.S.
DOE
Congressional Budget Request pertaining
to
the Environmental
Restoration
and Waste Management
Program.
After
the
President has submitted the
bucigci
io
Zorigrcs-5,
U.S.
DOE
siiaii
tidy
U.S.
EFii
iid
iDii’i%’
ii7
ii
iimeiji
m~~~iier
of
a~ji
biffeiciices
between the estimates submitted in accordance with Paragraph
28.2
(b)
above and the
actual
dollars that
were
included
in
the President’s budget submission to Congress.
(e)
Whenever
U.S.
DOE
proposes
a
reprogramming, requests a supplemental
appropriation,
or
intends to transfer
€mds
in a manner that is
likely
to
or
will
affect
the ability
of
U.S.
DOE
to conduct activities required under this Agreement,
U.S.
DOE
shall
notify
U.S.
EPA
and
IDHW
of
its
plans
and,
prior to such
a
transfer
of
funds or
the
submittal of the reprogramming
or
supplemental ap-
propriation request to Congress, shall consult with them about
the
effect that
such
an
action
is
likely
to
or
wiii have
on
the activities required under the Agreemenr.
This document
has
been
reprinted.
Line
and page numbers
do
not
conform
to
original.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
I8
19
20
21
22
23
24
25
26
27
28
Agreement],
to
fulfill
U.S.
DOE'S
obligations under
this
Agreement,
U.S.
DOE
shall obligate the funds in
amounts sufficient
to
support
thc
requirements specified in the Agreement unless otherwise directed
by
Congress
or
the
President,
or
unless those requirements arc modified
in
accordance with provisions
of
this
Agreement.
28.7
The
participation
by
US.
EPA
and
IDHW
under this
Part
is limited solely to
the aforementioned and
is
in
no
way
to be construed to
allow
US.
EPA
and
IDHW
to
become involved
with the internal
U.S.
DOE
budget process, nor
to
become involved in the Federal budget process
as
it
proceeds
from
U.S.
DOE
to
the Office
of
Management
and
Budget
and
ultimately to Congress
through
the
Presidenr's submittal. Nothing herein shall affect
U.S.
DOE'S
authority over its budgets and funding level
submissions.
XXIX.
CREATION
OF
DANGEREMERGENCY
ACTION
23.1
!E
the
event
U.S.
EPP.
e:
!DEW
detPrrr.ir?e
{!?Et
xtivities
C.OndllctPd
p!rsl?zflnt
to
this Agreement, or
any
other circumstances or activities, are creating an imminent
and
substantial
endangerment
to
the health
or
welfare
of
the people at
INEL,
or in the surrounding
area,
or
to
the
environ-
ment, either
U.S.
EPA
or
IDHW
may require or
order
U.S.
DOE
to
stop
further
implementation
of
this
Agreement for twenty-four
(24)
hours
or,
upon agreement
of
the Parties,
such
period
of
time
as
needed to
abate the danger. Any unilateral
work
stoppage for
longer
than twenty-four
(24)
hours
requires
the
concurrence
of
the appropriate Lead Agency
DRC
representative.
29.2
In
the event
U.S.
DOE
determines
that
activities undertaken
in
furtherance of
.I-:-
A
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-:
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endangerment
to
the health or welfare
of
people at
INEL,
or
in
the surrounding areas,
or
to
the
environ-
ment,
U.S.
DOE
may stop implementation
of
this Agreement for
such
periods
of
time necessary
for
the
Lead
Agency
to
evaluate the situation and determine whether
U.S.
DOE
should proceed with implementa-
FEDERAL FACILITY
AGREEMENT
-
PAGE
45
IDAHO
NATIONAL
ENGINEERING
LABORATOKY
This document has been reprinted. Line
and
page numbers do not conform
to
original.
December
4,
i
99
1
2
3
4
5
6
7
8
9
10
11
12
!?
14
15
16
17
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19
20
*I
Li
22
23
24
25
26
27
28
tion
of
the Agreement or whether the
work
stoppage
should
be continued untit
the
danger is abated.
U.S.
DOE
shall
notify the Project Managers
as
soon
as
possible, but
not
later than twenty-four
(24)
hours
after
such
stoppage
of
work, and provide the
Lead
Agency with documentation
of
its analysis
in
reaching
this determination.
If
the Lead Agency disagrees
with
U.S.
DOE's
determination,
it
may require
U.S.
DOE
to
rPSume
implementntinn
of
this
Agreement.
29.3
If
the Lead Agency
concurs
in the work stoppage
by
U.S.
DOE,
or
if
U.S.
EPA
or
IDHW
require
or
order a work stoppage,
U.S.
DOE's
obligations shall
be
suspended
and
the
time
periods for performance
of
that
work,
as
well as
the
time period
for
any other work dependent upon
the
work
which
was
stopped,
shall
be extended, pursuant
to
Part
XIII,
or
such period
of
time
as
U.S.
EPA
and
IDHW
determines
is
reasonable under the circumstances. Any disagreements pursuant
to
this
Part
shall
be
resolved
through
the
dispute
resolution
procedures
in
Part
IX
by referral directly to the
DRC
committee.
20.4
U.S.
DOE
Shn!!
zr!
p~"irr_p
u.s
ma
XK!
~nHw
prQjPcr
MzCagPrs
a
copy
of
the documentation required
in
Paragraph
29.2
immediately, but
no
later
than
ten
(10)
working
days
after stoppage
of
work.
XXX.
AMENDMENT
OF
AGREEMENT
30.1
Except as provided
in
Paragraph
30.2,
this Agreement may
only
be
amended
by unanimous agreement
of
the Parties
or
upon
completion
of
Dispute Resolution,
as
applicable.
30.2
Amendments
pursuant
to
Parts
VIII(D),
(E),
and
(G),
XIII,
XV,
XVI,
and
XiX
may
be
made
by
ihe
uriaiiiriious
agi:i~~iieiii
of
the Piojeci
M~~gers.
30.3
Any
such amendment
shall
be
in writing, shall become effective on
the
date it
is signed
by
all
the
Parties,
and
shall
be
incorporated into,
and
modify,
this Agreement.
FEDERAL
FACILITY
AGREEMENT
-
PAGE
46
IDAHO
NATIONAL
ENGINEERING
LABORATORY
This document has been reprinted. Line and
page
numbers do
not
conform
to
original.
December
4,
1991
I
2
3
4
5
6
7
8
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10
11
12
13
14
15
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17
18
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20
21
22
23
24
25
26
27
28
XXXI.
RESERVATION
OF
RIGHTS
31.1
The Parties have determined that the activities
to
be performed under this
Agreement are
in
the public
interest.
U.S.
EPA
and
IDHW
agree
that compliance
with
this Agreement
shall
stand
in
lieu
of
any administrative and judicial remedies against
U.S.
DOE
which are available to
U.S.
EPA
and
IDHW
regarding releases or threatened releases
of
hazardous substances at
INEL
which are
the subject
of
the
activities performed by
U.S.
DOE
under
this Agreement.
31.2
Nothing
in
this Agreement shall preclude
U.S.
EPA
or
IDHW
from
exercis-
ing any aaminisrracive
or
juciiciai remedies avaiiabie
to
them
under
the
fuiiowing
circumstances:
(a)
In the
event
or
upon the discovery
of
a
violation
of,
or
noncompliance with.
any provision of
RCRA
or
HWMA,
including any discharge
or
release
of
hazardous
waste
which
is
not
addressed by this Agreement;
or
(b)
Upon discovery
of
new information regarding hazardous substances, includ-
ing but not limited to, information regarding releases of
hazardous
substances
to
the environment which
is
not addressed
by
this
Agreement;
or
(c)
Upon
U.S.
EPA's
or
IDHW's determination, after dispute resobtion, that a
proposed remedy wiii not be protective
of
human heaith
and
the environment
under
CERCiA.
if
IDHW
exercises its rights under this subparagraph, it
shall
withdraw
from
the Agreement with respect to the
ROD
at
issue
within sixty
(60)
days following the effective date
of
the
ROD.
31.3
In
the
event
of
a
judicial dispute concerning IDHW authority over
any
haz-
ardous substance
at
a
WAG,
IDHW
shall continue in the lead role
as
provided herein
as
to
the issues in
dispute except
in
exceptional circumstances
as
determined jointly
by
U.S.
EPA
and IDHW. As
to
the
is-
sues under judicial
dispute,
U.S.
EPA
shall select the remedy during
the
pendency of the judicial dispute
or in the event
of
a judicial decision limiting
IDHW's
authority to do
SO.
31.4
Neither
US.
EPA
nor
IUHW
shall
be
held
out
as
a
Party
to
my
contract en-
tered
into
by
U.S.
DOE
to implement the requirements
of
this Agreement.
FEDERAL
FACILITY AGREEMENT
-
PAGE
47
NATIONAL
ENGih-EERiNG
TLAEoKAToz.,
This
document
has
been reprinted. Line
and
page numbers do
not
conform
to
original.
I
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
1.5
This Agrcement
shall
not be construed
to
limit
in
any
way
the
right
provided
hy
IilW
to
the
puhlic
or any
citizen
to obtain information
about
the work
to
be performed under this Agree-
ment
or
to
sue
or
intervene
in
any
action
to
enforce state
or
federat
law.
3
1.6
Except
as
provided herein,
U.S.
DOE
is
not released
from
my
liability which
it
may have
pursuant
to
any provisions
of
state and federal
law.
US.
DOE
is
not
released from any claim
for liability for destruction or
loss
of
natural resources.
31.7 This Agreement
shall
not
transfer
U.S.
EPA’s
authorities
as
prohibited by
Section
120
(8)
of
CERCLA,
42
U.S.C.
3
9420
(g),
or
in
any
way
authorize
a
physically inconsistent
response action.
as
prohibited by Section
122
(e)
(6)
of
CERCLA,
42
U.S.C.
w
122
(e)
(6),
or provide for
review
inconsistent
with
Cedm
!
!3
(h)
ofCERC!A,
42
L1.S.C.
w
9617
(h)j
s!Ihject
to
exhaustion
of
rights
under
Part
IX.
31.8
IDHW
reserves the right under
HWMA
to enforce permit requirements, in-
cluding
corrective
action.
IDHW
agrees
to
exhaust its
rights
under
Part
IX
prior
to
taking
any
action
to
enforce the permit corrective action requirements.
31.9
In
the event
of
any
administrative or judicial
action
by
U.S.
EPA
or
IDHW
under this
Part,
all
Parties reserve all rights, claims, and defenses available under law, including the right
to
contest
the legal enforceability of State corrective action
or
other requirements against
U.S.
DOE.
XXXII. RELATIONSHIP
TO
U.S.
DOE’S
FIVE-YEAR
PLAN
32.1
U.S.
DOE
is
preparing an Environmental Restoration
and
Waste Management
Five-Year
Plan
(the “Five-Year Plan”)
to
identify, integrate, and prioritize
U.S.
DOE’S
compliance and
cIeanup activities
at
all
U.S.
DOE
nuclear facilities and sites.
The
Five-Year Plan will assist
U.S.
DOE
in
addressing environmental requirements at its facilities
and
sites
and
in developing
and
supporting its
bud-
get requests.
U.S.
DOE
will update the Five-Year
Plan
on
an
annual
basis.
This
document
has
been reprinted. Line
and
page
numbers
do
not
conform to original.
December
4,
199
I
1
2
3
4
5
6
7
P
U
9
10
it
12
13
14
15
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17
18
19
20
21
22
23
24
25
26
27
28
32.2
The terms
of
the Five-Year
Plan
shall
be
consistent with
the
provisions
of
this
Agreement, including
all
requirements
and
schedules contained herein;
U.S.
DOE’s
Five-Year
Plan
shall
be drafted
and
updated
in
;I
manner that ensures that the provisions of
this
Agreement
are
incorpo-
rated
into
the
U.S.
DOE planning and
budget
process.
Nothing
in
the Five-Year Plan shall be construed
to
affect
the
provisions
of
this Agreement.
32.3
U.S.
DOE
is
developing
a
national prioritization system
for
inclusion
in
the
Five-Year Plan.
U.S.
DOE’s
application
of
its national prioritization system
may
indicate
to
U.S.
DOE
that
amendrnenc
or
modification
of
iiie
pruvisioiis
and/or
schedules
es;ab:ishei:
by
ihh
Agrcz~~eii:
is
appropriate.
In
that event,
U.S.
DOE
may request,
in
writing, amendment
or
modification
of
this Agree-
ment, including deadlines established herein.
Where
the Parties
are
unable
to
reach
agreement on
a
requested
amendment
or
modification,
U.S.
DOE
may
invoke the dispute resolution provisions
of
this
Agreement. Pending resolution
of
any
such
dispute, the provisions and deadlines in effect pursuant
to
this
Agreement
shall
remain in effect
and
enforceable in accordance with the terms
of
this Agreement.
Any
amendment
or
modification
of
this Agreement
will
be
incorporated,
as
appropriate, in
rhe
annual
update
to
U.S.
DOE’s
Five-Year
Plan.
XXXIII.
SEVERABILITY
33.1
If
any
provision
of
this Agreement is
ruled
invalid,
ilIegal,
or unconstitu-
tional, the remainder
of
the Agreement shall
not
be
affected by
such
ruling.
XXXIV.
EFFECTIVE
DATE
34.1
This
Agreement
is
effective
upon
signature
by
all
Parties.
EDERAL
FACILITY
AGREEMENT
-
PAGE
49
:=AH0
?*TAT!ONAL
ENGINEERING
L’%BO!?PmRY
This
document
has
been
reprinted.
Line
and
page
numbers
do
not
conform
to
original.
Decemher4,
1991
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
ia
19
7n
C"
21
22
23
24
25
26
27
28
Signature sheet for the
foregoing
Federal Facility
Agreement
and
Consent Order
for
the
Idaho
National
Engineering
Laboratory
among
the
U.S.
Environmental Protection Aqency,
the
U.S.
Department
of
Energy,
and
the Idaho
Department
of
Health and
Welfare.
EFFECTIVE
this
9th
day
of
December,
1991.
U.S.
Department
of
Energy
Idaho
Field
Office
H*%kf
THERON
M.
BRADLEY
Manager,
Naval
Reactorudaho
Branch
Off
ice
U.S.
Department
REPRESENTED
BY:
Copied
from
original
of
Energy
Brett
Bowhan,
Esq.
Dean
Monroe,
Esq.
nAk-u.=
l*T,il**v
Prrr
YGWCU
rlrrrunf
u-y.
FEDERAL
FACILITY
AGREEMENT-
PAGE
50
IDAHO
NATIONAL
ENGINEERING
LABORATORY
December
4,
1991
1
2
3
4
5
6
7
a
9
io
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Signature
sheet
for
the
foregoing
Federal
Facility
Agreement
and
Consent
Order
for
the
Idaho
National
Engineering
Laboratory
among
the
U.S.
Environmental
Protection
Agency,
the
U.S.
Department
of
Energy,
and
the
Idaho
Department
of
Wealth
and
Welfare,
EFFECTIVE
this
9th
day
Of
December,
1991.
FOR
THE
IDAHO
DEPARTMENT
OF
HEALTH
AND
WELFARE:
Governor
State
of
Idaho
REPRESENTED
BY
Copied
from
original
Curt
Fransen,
Esq.
FEDERAL
FACILITY
AGREElkENT
-52
PAGE
IDAHO
NATIONAL
ENGINEERING
LABORATORY
Date
Decernber4,1991