This Question and Answer (Q&A) Sheet discusses the use of removal authority in the conduct of decommissioning activities, consistent with the Policy on Decommissioning of Department of Energy Facilities under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (May 22, 1995), and the accompanying Decommissioning Implementation Guide . The Policy and Guide establish the approach agreed upon by the Department of Energy (DOE) and the U.S. Environmental Protection Agency (EPA). It is consistent with CERCLA statutory requirements, as well as CERCLA regulatory requirements found in the National Contingency Plan (NCP), and applicable guidance and DOE Orders.
This Q&A Sheet is presented in four parts. The first part presents the bottom line: what is different about decommissioning under CERCLA from the way DOE has decommissioned facilities in the past. The second part details the authorities and requirements for response under CERCLA. The third part addresses the use of removal action response authority. Part Four discusses special circumstances that may impact decommissioning activities.