Appendix III Summary of CERCLA Enforcement Action: West Virginia Ordnance Works . On May 19, 1993, the committee concluded that no resolution could be reached and formally elevated the dispute to the Senior Executive Committee. • From May 19 through July 15, 1993, staff of the EPA and Army representatives to the Senior Executive Committee met, exchanged letters, and held telephone conferences to narrow the issues and refine the proposed terms of a resolution. • From July 16 through September 23, 1993, the Senior Executive Committee members continued discussions during telephone conferences and exchanges of letters. On September 24, 1993, the Senior Executive Committee agreed to resolve the dispute for $500,000 (reducing the original penalty by about $1.5 million). EPA and the Army cited the need "to concentrate the parties' • On October 6 and 18, 1993, the acting Administrator, EPA Region 3 (Environment, Safety, and Occupational Health), respectively, agreed to a Appendix IV Summary of CERCLA Enforcement Action: Rocky Flats Environmental Technology Site The Department of Energy's Rocky Flats facility, located on 6,500 acres 16 miles northwest of Denver, Colorado, produced plutonium components for Energy's nuclear weapons program. In late 1989, plutonium operations were suspended for various reasons, including concerns about health and safety. The site has been listed on the Superfund National Priorities List since October 1989. In January 1991, EPA, Energy, and the state of Colorado signed an interagency cleanup agreement. Energy did not provide 14 remedial study documents required by the agreement--some were nearly a year overdue. According to EPA, these violations effectively rendered the entire agreement moot. Consequently, EPA, Energy, and Colorado agreed to negotiate Energy's penalty for noncompliance with the agreement and discuss the terms of a new agreement. The following is a chronology of significant events outlining Energy's, EPA's, and Colorado's actions to informally resolve the penalty issue and prepare a new interagency agreement. ⚫ On March 10, 1994, Energy, EPA, and the Colorado Department of Health met to discuss Rocky Flats' inability to meet pending and potential milestones established by the January 1991 agreement. EPA assessed total penalties of $3.7 million. On April 26, 1994, the parties agreed to a single settlement for all actual and anticipated violations through January 1995. As part of the settlement, Energy agreed to undertake supplemental environmental projects. The settlement terms also required a new cleanup agreement for the Rocky Flats facility. • On May 2, 1994, Energy offered a settlement of $2.8 million consisting of $750,000 cash and the remainder of $2.1 million in supplemental environmental projects. • From May 9 through May 12, 1994, the parties held discussions about a settlement. Rocky Flats officials indicated that $2.8 million was the highest amount they were authorized to propose any larger sums would require negotiations with Energy headquarters staff. • On May 17, 1994, the parties agreed to a $2.8 million settlement, thus reducing the $3.7 million penalty by $900,000, and continued discussions about the possible use of supplemental environmental projects. From May 26 through June 23, 1994, the parties discussed proposed . On July 7, 1994, the Deputy Regional Administrator, EPA Region 8; the Appendix IV Summary of CERCLA Enforcement Action: 1 Environment, Colorado Department of Health, agreed to a final settlement Energy agreed to pay $350,000 to the Superfund account, $350,000 to the Colorado Department of Health, and $2.1 million to acquire 900 acres adjoining the facility for open space preservation as a supplemental environmental project. The parties further agreed to use best efforts to reach a new cleanup agreement by January 31, 1995. Table IV.1 shows Energy's and EPA's estimates of costs incurred to resolve penalty issues. Table IV.1: Estimated Number of EPA and Energy Staff, Hours Worked, and Costs involved in Settling Assessed CERCLA Penalty at the Rocky Flats Environmental Technology Site Appendix V Summary of RCRA Enforcement Action: The U.S. Naval Air Facility, El Centro-located approximately midway between San Diego, California, and Yuma, Arizona-furnishes support for U.S. Navy carrier aircraft. The facility provides tactical air training, such as carrier-landing practice, air-to-air and air-to-ground weapons training, and air combat maneuvers. On January 20, 1993, EPA conducted an inspection at El Centro and determined that the facility violated various RCRA provisions. The following is a chronology of EPA's and the Navy's efforts to resolve the RCRA enforcement action. . On May 3, 1993, EPA filed a compliance order with the cognizant EPA • On June 9, 1993, the Navy filed an "answer" to EPA's complaint and . On July 12, 1993, EPA and the Navy held an initial meeting at which the • EPA requested additional information, which the Navy provided in September 1993. From September 30 through December 7, 1993, EPA and the Navy submitted various offers and counteroffers. ⚫ On January 20, 1994, a second meeting was held, and the parties reached an agreement in principle. The total penalty would be $129,309, of which $100,000 would be paid in cash and the balance would be suspended on the condition that the Navy perform two supplemental environmental projects. From February through July 1994, various discussions occurred about the • On August 29, 1994, EPA and the Navy formally agreed to a "Consent Appendix V Summary of ECRA Enforcement Action: • On September 14, 1994, the Navy directed that the base operating support contractor for the El Centro facility pay $60,466 as its share for penalties assessed in areas where the contractor exercised direct control and responsibility. Table V.1 shows the Navy's and EPA's estimates of staff assigned, hours charged, and costs involved to reach settlement. Table V.1: Estimated Number of EPA and U.S. Navy Staff, Hours Worked, and Costs involved in Settling Assessed RCRA Penalty at the U.S. Naval Air Facility, El Centro |