Waste Cleanup: Status and Implications of Compliance Agreements Between DOE and Its Regulators

This paper discusses compliance agreements that affect the Department of Energy's (DOE) cleanup program. Compliance agreements are legally enforceable documents between DOE and its regulators, specifying cleanup activities and milestones that DOE has agreed to achieve. Over the years, these compliance agreements have been used to implement much of the cleanup activity at DOE sites, which is carried our primarily under two federal laws - the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA) and the Resource Conservation and Recovery Act of 0f 1976, as amended (RCRA). Our objectives were to determine the types of compliance agreements in effect at DOE cleanup sites, DOE's progress in achieving the milestones contained in the agreements, whether the agreements allowed DOE to prioritize work across sites according to relative risk, and possible implications the agreements have on DOE's efforts to improve the cleanup program.