Potential CERCLA reauthorization issues relevant to US DOE`s Environmental Restoration Program

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is currently scheduled to be reauthorized in 1994. The US Department of Energy (DOE) has a significant stake in CERCLA reauthorization. CERCLA, along with its implementing regulation, the National Contingency Plan (NCP), is the principal legal authority governing DOE`s environmental restoration program. The manner in which CERCLA-related issues are identified, evaluated, and dispatched may have a substantial impact on DOE`s ability to conduct its environmental restoration program. A number of issues that impact DOE`s environmental restoration program could be addressed through CERCLA reauthorization. These issues include the need to (1) address how the National Environmental Policy Act (NEPA) should be integrated into DOE CERCLA actions, (2) facilitate the streamlining of the Superfund process at DOE sites, (3) address the conflicts between the requirements of CERCLA and the Resource Conservation and Recovery Act (RCRA) that are especially relevant to DOE, (4) examine the criteria for waiving applicable or relevant and appropriate requirements (ARARs) at DOE sites, and (5) delineate the appropriate use of institutional controls at DOE sites.