Regulatory framework for U.S. Department of Energy surplus facility decommissioning under environmental restoration

DOE has identified more than 700 contaminated surplus facilities that require decommissioning through the environmental restoration program. This paper discusses the regulatory framework for decommissioning these facilities, specifically the framework established by the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). CERCLA jurisdiction covers releases of hazardous substances to the environment, substantial threats of such releases, and responses to these releases or threatened releases. DOE has determined that a use of CERCLA removal action authority is the appropriate means of responding to releases or threats of releases from contaminated surplus facilities under the jurisdiction, custody, or control of the Department. Not all surplus facilities to be decommissioned, however, will fall under CERCLA jurisdiction. In these instances, the same basic process will still be followed, but a graded approach will be applied consistent with DOE orders. This paper focuses on the draft policy and process for decommissioning contaminated surplus facilities subject to CERCLA. Considerations pertinent to decommissioning in circumstances where CERCLA does not apply are noted where appropriate