Resolving state and federal cleanup control issues: A Kentucky experience

In: Federal facilities environmental journal, Band 6, Heft 3, S. 57-67

Abstract

AbstractDOE, EPA, and the Kentucky Department for Environmental Protection (KDEP) have been negotiating a Federal Facilities Agreement (FFA) for cleanup of the Paducah Gaseous Diffusion Plant (PGDP), located in southwestern Kentucky. The PGDP is a Federal Facility Superfund Site that is managing its hazardous wastes pursuant to permits issued by EPA and KDEP under the Resource Conservation and Recovery Act (RCRA) and state law. While the cleanup of the PGDP continues, the parties have had difficulty in finalizing the FFA, which is required by Section 120 of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). The article reviews the current status of CERCLA and RCRA law in this area and suggests a way to break through the impasse that has been hampering the negotiations.