RE: joining dialogue by fax

[Bruce Engelbert <engelbert.bruce@epa.gov>]

In response to Armando Quintanilla's discussion of his experience with Kelly Air Force Base, Charlie Atherton asks for a clarification of EPA's authority to compel other Federal agencies to clean up their facilities.

With respect to Superfund, the implementing executive order (E.O. 12580) delegates the authority to address hazardous substance releases at Federal facilities generally to the head of the Federal agency with jurisdiction over the facility.   EPA still has the same authority as at non-Federal facilities sites to ensure the cleanup will protect the public health or welfare and the environment.  EPA can and has issued unilateral cleanup orders to other Federal agencies.  However, EPA prefers to work with another agency to negotiate an acceptable cleanup agreement and this is usually the approach that is taken.

An excellent resource which explains Federal facility enforcement under all environmental statutes is The Yellow Book: Guide to Environmental Enforcement and Compliance at Federal Facilities.  This can be found on EPA's web pages at: 

	 http://es.epa.gov/oeca/fedfac/yellowbk/index.html