Common use of REGULATORY APPROACH Clause in Contracts

REGULATORY APPROACH. 11. The Parties agree to follow a consultative process in implementing this Agreement. "Consultation" and "the consultative process" mean the responsibility of one Party to meet and confer with another Party and any appropriate contractors in order to reach agreement, to the extent possible, regarding a proposed course of action. Consultation involves a cooperative approach to problem solving at the staff level. Consultation includes the responsibility to raise any concerns or suggestions regarding the implementation of this Agreement as soon as the concern or suggestion is identified, to maximize the chances of reaching agreement before a document must be submitted or a regulatory determination rendered. Consultation means timely participation at the staff or management level, as appropriate, to reach consensus among the regulators and DOE so that there is a clear understanding of the actions or direction to be taken based upon the outcome of the consultative process. 12. Each Party shall designate an individual to act as the Project Coordinator for activities regulated under this Agreement. The Parties' Project Coordinators will meet periodically to discuss the implementation of this Agreement. 13. The following activities are regulated under this Agreement: a) response activities described in the final CAD/ROD and further specified in the Attachments, including post-closure and legacy management requirements such as ongoing maintenance, operation and monitoring of implemented remedies and information management activities; and b) any additional response actions that may be required. 14. In making regulatory decisions regarding activities regulated by this Agreement, the State and EPA shall apply the statutory and regulatory requirements and their guidance or policy positions in effect at the time a decision is made. 15. The Parties recognize that the activities regulated under this Agreement are subject to regulation under CERCLA, RCRA, and/or applicable State environmental law, depending on the nature of the particular activity in question. To streamline implementation of this Agreement, the State shall exercise its authority under CHWA and RCRA, or other applicable State environmental law as appropriate, to approve, approve with modifications, or disapprove activities regulated under this Agreement to the extent such activities involve materials subject to regulation under state environmental law. The State shall approve, approve with modifications, or disapprove activities involving CERCLA hazardous substances, pollutants or contaminants that are not subject to regulation under state environmental law as provided in paragraph 16. 16. For purposes of implementing this Agreement, and except as provided in paragraph 17, the State shall carry out CERCLA authority to: a) approve, approve with modifications, or disapprove activities regulated under this Agreement involving CERCLA hazardous substances, pollutants or contaminants that are not regulated under state environmental law; b) determine that activities or conditions at Rocky Flats constitute a release or substantial threat of release of hazardous substances to the environment; and c) specify additional response actions to be taken by DOE. The State and EPA have entered into a Memorandum of Understanding, set forth in Appendix 1, that defines the State-EPA relationship for purposes of this paragraph and the remainder of this Agreement. DOE may dispute State decisions under any provision of this Agreement that are made using the CERCLA authority described in this paragraph as provided in Part 7. Nothing in this paragraph constitutes a change to DOE’s or EPA’s status under CERCLA § 120(e) or Executive Order 12580, nor any limitation on DOE’s authority under the AEA. 17. The activities identified in this paragraph are ones where CERCLA requires an EPA determination. For these activities, EPA shall consult with the State and the State may propose recommendations for EPA's consideration. CDPHE and EPA shall consult regarding the recommended decision prior to EPA's issuance of a final decision. a) A decision to concur or non-concur in a CERCLA periodic review; and b) Deletion of any portion of the Site from the NPL. Following consultation, EPA shall render a decision regarding any recommendation to proceed with deletion or concurrence in a periodic review, as appropriate.