EPA v. U.S. Dept of Energy

Case summary

In 1992 the DOE entered into a FFA concerning the Brookhaven National Lab site in Upon, NY. As part of the FFA, the DOE was required to investigate various Operable Units and if necessary take all necessary response actions in accordance with Section 121 of CERCLA. On April 1, 2009, a ROD was issued for the OU 0 High Flux Beam Reactor (HFBR). This ROD requires DOE to remove the HFBR, ancillary, equipment, buildings and soil. Institutional controls, Long-term monitoring, and 5-Yr reviews are required. However removal of material is also a function of time whereby the hot activated components are allowed to decay or cool to acceptable safe working levels. The activated components comprise approximately 65,000 curies and could take up to 65 years to decay. Ground water is addressed under another ROD. On August 18, 2009 an Explanation of Significant Differences document regarding OU III was approved. The ESD allows for removal of contaminated soil.

Defendants (1)

• U.S. Dept. of EnergyNamed in complaintNamed in settlement

Facilities (8)

• BROOKHAVEN NATIONAL LABORATORY

  53 BELL AVENUE, UPTON, NY, 11973

  Registry ID: 110000616726

• BROOKHAVEN NATIONAL LABORATORY

  53 BELL AVENUE, UPTON, NY, 11973

  Registry ID: 110000616726

• BROOKHAVEN NATIONAL LABORATORY

  53 BELL AVENUE, UPTON, NY, 11973

  Registry ID: 110000616726

• BROOKHAVEN NATIONAL LABORATORY

  53 BELL AVENUE, UPTON, NY, 11973

  Registry ID: 110000616726

• BROOKHAVEN NATIONAL LABORATORY

  53 BELL AVENUE, UPTON, NY, 11973

  Registry ID: 110000616726

• BROOKHAVEN NATIONAL LABORATORY

  53 BELL AVENUE, UPTON, NY, 11973

  Registry ID: 110000616726

• BROOKHAVEN NATIONAL LABORATORY

  53 BELL AVENUE, UPTON, NY, 11973

  Registry ID: 110000616726

• BROOKHAVEN NATIONAL LABORATORY

  53 BELL AVENUE, UPTON, NY, 11973

  Registry ID: 110000616726

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• CERCLA 106A — Imminent & Substantial Endangerment Order
• CERCLA 120E — Federal Facility Interagency Agreement

Enforcement conclusions (3)

• U.S. Dept of Energyentered 2007-05-10

  Primary law: CERCLA

• U.S. Dept of Energyentered 2009-04-01

  Primary law: CERCLA

• U.S. Dept of Energyentered 2009-08-18

  Primary law: CERCLA

Timeline (3 milestones)

• 1992-02-28Complaint Filed/Proposed Order
• 2007-07-13Enforcement Action Data Entered
• 2009-08-18Final Order Issued