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Regulatory Authority for Cleanup
| Regulatory Authority for Cleanup |
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Two federal laws govern the
investigation and cleanup of contaminated sites. Resource
Conservation and Recovery Act (RCRA) regulates the use, treatment, and
storage of hazardous waste. The Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA), also
known as Superfund, was created to fund the cleanup of hazardous waste sites.
The two programs include similar landmark decision documents, community
involvement steps, and parallel, or equivalent, corrective action steps
that govern the cleanup processes at sites where hazardous materials have
been released. RCRA gives authorized states, including California, the ability
to enforce environmental cleanups, or corrective actions.
The California Environmental Protection Agency (Cal/EPA) has been delegated
authority by the U.S. Environmental Protection Agency to implement the RCRA
program in California. Cal EPA's Department
of Toxic Substances Control (DTSC) is the lead regulatory agency for
environmental investigation and cleanup activities associated with Pacific
Gas and Electric Company's (PG&E's) Topock Compressor Station (Station)
and Topock Site (Site). DTSC was designated as the lead agency for the Topock
cleanup by Cal/EPA's Site Designation Committee under the authority of California
Health and Safety Code 25260 et seq, which allows the responsible party
to request designation of a single administering agency to oversee site
investigation and remedial action. As the lead California regulatory agency,
DTSC directs all site investigation and cleanup activities in accordance
with RCRA and the California Environmental Quality Act (CEQA). PG&E entered
into an agreement with DTSC in 1996 to undertake investigation and cleanup
actions at the Site.
Federal agencies with jurisdiction over surrounding land also have jurisdiction
over the remediation process pursuant CERCLA. In July 2005, PG&E and these
federal agencies which include the Department of the Interior (DOI), Bureau
of Land Management (BLM), United States Fish and Wildlife Service (USFWS),
and Bureau of Reclamation (BOR) entered into a Consent
Agreement to facilitate federal oversight of remediation activities.
In accordance with this agreement, environmental investigation and cleanup
activities at the Station which are being conducted under the RCRA Corrective
Action Process are also being conducted to meet the requirements set
forth by CERCLA.
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