This is a CERCLA Reform Issue. Senate Bill S.8 Section 603 deals with the wavier of sovereign immunity of federal agencies in the CERCLA process. The current CERCLA Law provides for such a waiver for Superfund remediation making Superfund sites subject to state environmental requirements. The DOE/DOD report to Congress (February 1999) deals with the subject in great detail. The following are observations in the process on the ORR:

• Since the inception of the CERCLA cleanup programs on the ORR in 1986, no attempt by the DOE to invoke sovereign immunity in the program has noted; either an attempt to avoid their cleanup responsibility or to avoid informing the public.
• The DOE/ORO has always freely stated its intention to abide by all Tennessee ARARs, unless the state was to agree on a waiver. We do not believe any significant waivers have been granted at this time.
• Further, the state has successfully imposed fines against DOE for delays and rule violations anmd presumably will do the same for ARAR violations.
• The DOE/DOD report states that the present regulations are working and that any changes in the system should be undertaken with great care so as not to delay present and future progress as well as increase costs. DOE/DOD have offered assistance in drawing up suitable terminology.
• There is nothing in the ORR programs to contradict the conclusions of the DOE/DOD Report.

Mr. James Owendoff, Acting Assistant Secretary for Environmental Management,
       U. S. Department of Energy, 1000 Independence Ave. S. W., Washington, DC 20585
Cc: Mr. Rod Nelson, DOE/ORO/EM, 55 Jefferson Ave., Oak Ridge, TN 37830
Cc: Ms Jeanne Wilson 2362 RHOB, US House of Representatives, Washington, DC 20515