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Currently available on this website is a table summarizing "Major Statutes, Regulations, and Executive Orders for Long Term Stewardship at DOE Sites." This table is not intended to cover all of the LTS authorities that may be applicable to DOE facilities; it is intended to be a reference tool indicating major authorities that are generally applicable to the DOE complex as a whole. The summary table does not cover state regulations, Tribal government treaties, or other site-specific authorities, and the table is not a substitute for site- and program-specific regulatory assessments of LTS requirements. Site-specific LTS plans are required for each DOE facility in accordance with two recent Secretarial Memoranda¹.

Also available for your reference is a companion table summarizing DOE Orders and Policies that are relevant to the LTS statutes, regulations, and executive orders. In the near future, DOE will also publish a third table identifying DOE and other Federal agency Guidance relevant to LTS obligations and procedures. All three tables will be periodically updated as the underlying authorities and guidance are updated, as new authorities and guidance are issued, or as existing items become out of date.

DOE welcomes all of your comments and suggestions concerning the three new documents. DOE anticipates that the three tables will be cross-referenced to one another in the future, so that, for example, an EPA regulatory requirement can be tracked through the tables to the relevant DOE Orders, Policies, and Guidance for that requirement. We hope that you find these reference tools useful in creating LTS plans and understanding LTS authorities for sites regulated by DOE.

1. Long-term Stewardship Transition to Site Landlord, T.J. Glauthier, December 15, 2000, and Long-term Stewardship Responsibility, Carolyn Huntoon, January 19, 2001

Many of the statutes, regulations, Executive Orders, DOE orders and policies related to Long Term Stewardship can be found on the website of DOE's Office of Environmental Policy and Guidance (EH-41) at: http://tis.eh.doe.gov/oepa/
-Statutes are listed in the United States Code (U.S.C.) at: http://www4.law.cornell.edu/uscode/
-Regulations are listed in the Code of Federal Regulations (CFR) at: http://www.access.gpo. gov/nara/cfr/cfr-table-search.html
-Executive Orders (along with Rules, Proposed Rules, and Notices) are listed in the Federal Register at: http://www.access.gpo.gov/su_docs/aces/aces140.html
-Policies (not included in the table) can be found on the New Federal Regulatory Initiatives website at: http://homer.ornl.gov/oepa/rules/regulate.cfm

Long Term Stewardship is: all activities necessary to ensure protection of human health and the environment following completion of cleanup, disposal, or stabilization at a site or a portion of a site. Long-term stewardship includes all engineered and institutional controls designed to contain or to prevent exposures to residual contamination and waste.

LTS Management Categories:
-Residual Site Hazards: engineered controls, institutional controls, and record-keeping activities
-Cultural Resources: sacred Native American sites and objects; other historic buildings and sites
-Natural Resources: threatened, endangered, and other types of marine and terrestrial species; wildlife and human habitat (i.e. water sources, land, and oceans)
-Land and Real Property: land transfers and sales, waste notifications, deeds, government access

Several different acts and regulations govern DOE sites as they cleanup, close, and enter into long-term stewardship. The following list provides brief discussions and links to the organizations that promulgated the regulations and the regulations themselves.

DOE Orders
DOE Policies and Guidance
Other Official DOE Language or Documents
Other Federal Policies and Guidance
Federal Regulations
Environmental Protection Agency (EPA)
Nuclear Regulatory Commission
State Regulations

Department of Energy

DOE Orders
Name		Description		Release Date
DOE Directives Homepage	Department of Energy Directives include Policies, Orders, Notices, Manuals, and Guides which are intended to direct, guide, inform, and instruct employees in the performance of their jobs, and enable them to work effectively within the Department and with agencies, contractors, and the public.
DOE Order 200.1, "Information Management Program"	Contains guidelines that eliminate the redundancy, and improve the quality and usability of the policies and requirements associated with the Department's various information management functions.	September 30, 1996
DOE Order 241.1A, "Scientific and Technical Information Management"	Establishes DOE requirements and responsibilities to ensure that scientific and technical information as identified, processed, disseminated, and preserved in a safe and accessible manner.	April 9, 2001
DOE Order HQ1324.1A, "Records Management"	Applies to all headquarters elements and headquarters management and operating contractors performing work for the Department	June 8, 1987
"DOE Records Schedule for Environmental Records"	This schedule provides for the disposition of U.S. Department of Energy (DOE) records created to comply with or needed to support compliance with Federal environmental laws and implementing regulations.	March 1999
DOE Order 4300.1C, "Real Property Management"	Contains guidance on establishing Department-wide policies and procedures for the acquisition, use, inventory, and disposal of real property.	June 28, 1992
DOE Order 435.1, "Radioactive Waste Management"	Regulates how DOE manages radioactive waste.	July 9, 1999
DOE Order 5480.19, "Conduct of Operations Requirements for DOE Facilities"	Contains the guidelines for the conduct of operations requirements at DOE facilities.	July 9, 1990
DOE Policies and Guidance
Name	Description	Release Date
Guide to the Management of Scientific and Technical Information	Department of Energy	August 17, 1998
Radioactive Waste Management Manual	Department of Energy Guidance	July 9, 1999
Draft Long-term Stewardship Implementation Plan Guidance	Department of Energy Guidance	April 2001
Draft Interim Policy for the Department of Energy’s Use of Institutional Controls	Department of Energy Policy	January 2001
DOE Memorandum on Long-Term Stewardship Responsibility	Department of Energy Memorandum	January 2001
Long-Term Stewardship Transition to Site Landlord	Department of Energy Memorandum	December 2001
EPA Policy on Deletion and Deferral of Sites from the CERCLA National Priorities List (NPL)	CERCLA Information Brief (DOE/EH-413-0001)	March 2000
Effects of Future Land Use Assumptions On Environmental Restoration Decision Making	RCRA/CERCLA Information Brief (DOE/EH-413/9810)	July 1998
CERCLA Requirements Associated with Real Property Transfers	CERCLA Information Brief (EH-413-9808)	April 1998
Deletions of Federal Facilities from the Federal Agency Hazardous Waste Compliance Docket and the National Priorities List	CERCLA Information Brief (EH-413-074/0597)	May 1997
Use of Institutional Controls in a CERCLA Baseline Risk Assessment	CERCLA Information Brief (EH-231-014/1292)	December 1992
Cross-Cut Guidance on Environmental Regulations for DOE Real Property Transfers	United States Government Memorandum (DOE/EH-413/9712)	October 1997
EPA Draft Comprehensive Five-Year Review Guidance	United States Government Memorandum	November 24, 1999
EPA Guidance on Transfer of Federal Property Undergoing CERCLA Remedial Action	United States Government Memorandum	October 18, 1999
Final Directive On the Use of Monitored Natural Attenuation at Superfund, RCRA Corrective Action, and Underground Storage Tank Sites	United States Government Memorandum	June 9, 1999
Conditional Remedies Under RCRA Corrective Action	RCRA Information Brief (DOE/EH-413/064r)	January 2000
Technical Impracticability Decisions for Ground Water at CERCLA Response Action and RCRA Corrective Action Sites	RCRA/CERCLA Information Brief (DOE/EH-413/9814)	August 1998
Using Remedy Monitoring Plans To Ensure Remedy Effectiveness and Appropriate Modifications	RCRA/CERCLA Information Brief (DOE/EH-413 9809)	July 1998
Standards Applicable to Owners and Operators of Closed and Closing Hazardous Waste Management Facilities: Post-Closure Permit Requirement and Closure Process (63 FR 56710)	Environmental Guidance Regulatory Bulletin	May 10, 1999
Environmental Response Design and Implementation Guidance	National Environmental Training Office Document (DOE/EH-413-9915)	December 1999
RCRA Ground Water Assessment Plans and Annual Ground Water Quality Assessment Reports at Interim Status Facilities	RCRA Information Brief (EH-413-069/0396)	March 1996
RCRA Expanded Public Participation Final Rule Issued	Environmental Guidance Regulatory Bulletin	January 31, 1997
Guidance for UMTRA Project Surveillance and Maintenance	Describes the procedures that will be used to verify that UMTRA disposal sites continue to function as designated.	January 1986
Guidance for Implementing the Long-term Surveillance Program for UMTRA Project Title I Disposal Sites	Provides guidance for writing site-specific long-term surveillance plans and describes site surveillance, monitoring, and long-term care techniques for Title I UMTRA disposal sites.	February 1996
Guidance to DOE Sites Developing Project Baseline Summaries for Long-term Stewardship Costs (Excerpt)	An excerpt from EM's Guidance for the Spring Update of the PBS Database: Life-Cycle Planning Data, FY 2001 Budget Formulation Information, and Paths to Closure with respect to the long-term stewardship initiative.	December 21, 1998
Other Official DOE Language or Documents
Name	Description	Release Date
FY 2002 Budget Narrative for LTS, which is included in the budget submission to Congress	For further information, please contact David Geiser at 202-586-9280.
Agreement in Principle (AIP) between EM and the NRC	On March 15, 2001, Assistant Secretary Huntoon authorized EM to sign an Agreement in Principle (AIP) with the Nuclear Regulatory Commission to allow work to begin on an Memorandum of Understanding MOU on Nuclear Waste Policy Act (NWPA) section 151(b) potential site transfers	March 15, 2001
"Institutional Controls in RCRA & CERCLA Response Actions [DOE/EH-413-0004]"	U.S. Department of Energy Office of Environmental Policy and Guidance RCRA/CERCLA Division	August 2000
"U.S. Department of Energy Strategic Plan"	"Strength Through Science, Powering the 21st Century"	September 2000
"Integrated Planning, Accountability, and Budgeting System Handbook"	U.S. Department of Energy, Office of Environmental Planning	February 16, 1999
"Budget Highlights"	U.S. Department of Energy, FY 2001 Budget Request to Congress	February 2000
"Integrated Planning, Accountability, and Budgeting System Handbook"	U.S. Department of Energy, Office of Environmental Management	February 16, 19990
DOE Congressional Testimony on Long-Term Stewardship	Assistant Secretary for Environmental Management, Dr. Carolyn Huntoon, presented testimony supporting DOE's FY 2001 budget request that emphasized the importance of developing an effective long-term stewardship program.	March 21, 2000
Reassignment of the Grand Junction Office from Abuquerque to Idaho Operations Office	Department of Energy Memorandum	January 2001
FY2000 Defense Authorization Act Conference Report (Excerpt)	Language on the Long-term Stewardship Plan excerpted from the Congressional Record; page H7855.	August 5, 1999
Memorandum of Understanding (MOU) Between the U.S. Department of Energy and the U.S. Army Corps of Engineers Regarding Program Administration and Execution of the FUSRAP Program	A MOU between the U.S. Department of Energy (DOE) and the U.S. Army Corps of Engineers (USACE) for the purpose of delineating administration and execution responsibilities of each of the parties for the Formerly Utilized Sites Remedial Action Program (FUSRAP).	March 17, 1999
Other Federal Policies and Guidance
Name	Description	Release Date
DOE Notification Memorandum on the EPA Five Year Review Guidance	The purpose of the memorandum is to make the field aware of the availability of the recently issued final version of EPA's "Comprehensive Five-Year Review Guidance."	August 23, 2001
Reuse Assessments: A tool to Implement the Superfund Land Use Directive	This EPA directive presents information for developing future land use assumptions when making remedy selection decisions for Superfund sites under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).	June 4, 2001
Comprehensive Five-Year Review Guidance	EPA's Comprehensive Five-Year Review Guidance, OSWER Directive 9355.7-03B-P, is intended to promote consistent implementation of the five-year review process. (EPA 540-R-01-007)	June 2001
Operation and Maintenance in the Superfund Program	EPA Fact Sheet (EPA 540-F-01-004)	May 2001
"Handbook of Groundwater Policies for RCRA Correcive Action (Draft)"	For Facilities Subject to Corrective Action Under Subtitle C of the Resource Conservation and Recovery Act Issued by Office of Solid Waste Corrective Actions Programs Branch	April 20, 2000
Close Out Procedures for National Priorities List Sites	EPA OSWER Directive 9320.2-09A-P (EPA 540-R-98-016)	January 2000
Direct Final Process for Deletions	EPA Memorandum transmitting the revised procedures for deleting sites from the NPL using a Streamlined Direct Final Notification Process (OSWER Directive 9320.2-12-FS-P)	October 2000
Institutional Controls and Transfer of Real Property Under CERCLA Section 120(h)(3)(A), (B), or (C) -- Draft Document	Institutional controls and transfer of real property.	June 1999
Institutional Controls and Transfer of Real Property Under CERCLA Section 120(h)(3)(A), (B), or (C) -- Draft Document	Institutional controls and transfer of real property.	June 1999
"Use of Monitored Natural Attenuation at Superfund, RCRA Corrective Action, and Underground Storage Tank Sites," (#9200.4-17P)	This EPA Directive outlines EPA's policy with regard to the use of monitored natural attenuation for the remediation of contaminated soil and groundwater at sites regulated under all programs administered by EPA's Office of Solid Waste and Emergency Response (OSWER).	April 21, 1999
Federal Regulations
Name	Description	Release Date
Atomic Energy Act (42 U.S.C. Sect. 2011- Sect. 2259)	The Atomic Energy Act (AEA) assures the proper management of source, special nuclear, and by product material. The AEA delegates control of nuclear energy primarily to the Department of Energy, the Nuclear Regulatory Commission (NRC), and the Environmental Protection Agency (EPA).
Resource Conservation and Recovery Act	RCRA is the regulation EPA uses to manage from "cradle to grave" releases to the environment. This link provides an index to the full text of the act.
Comprehensive Environmental Response, Compensation and Liability Act	CERCLA is the regulation EPA uses to clean up abandoned or uncontrolled hazardous waste sites. This link provides an index to the full text of the act.
Disposal of High-Level Radioactive Wastes in Geological Repositories	10 CFR Part 60
Licensing Requirements for Land Disposal of Radioactive Waste	10 CFR Part 61

Information and links on federal and state regulations and programs for each state (and U.S. Territories) are provided on this EPA-sponsored webpage: http://www.epa.gov/epacfr40/find-aid.info/state/

Please direct any comments through the DOE Office of Legacy Management's website at http://www.gjo.doe.gov/LM/,
Thank you.