Federal Facilities Compliance Act

The tliird major set of amendments was the Federal Facility Compliance Act of 1992. Tliis aet resoh es the legal question of w hether federal faeilities are subjeet to enforcement actions under RCRA by wai ing the go crnmcnt s so crcign iimnunity from prosecution. As a result, states, USEPA, and the Department of Justice can enforce the pro isions of RCRA against federal facilities, and federal departments and agencies can be subjected to injunctions, administrative orders, and/or pciuiltics for noncomplianec. ... 

U.S. EPA uses the guidelines in the Civil Penalty Policy for assessing penalty amounts and uses the Final U.S. EPA Supplemental Environmental Projects Policy to allow for flexibility in assessing penalties. Enforcement of RCRA at federal facilities is now similar to enforcement at TSDFs, as a result of the Federal Facility Compliance Act of 1992. 

EPA policy concerning relaxed enforcement of prohibitions on storage of mixed waste does not extend to Executive Branch federal facilities, including DOE facilities. In 1992, Congress amended Section 6001 of RCRA (1976) through the Federal Facility Compliance Act (FFCA, 1992) to clarify that federal facilities are subject to administrative orders and civil and administrative penalties and... 

Under terms of the Federal Facility Compliance Act (FFCA, 1992), DOE was subject to RCRA requirements beginning in October 1995, including individual states variations thereof. DOE was expected to have mixed low-level waste treatment plans for each site approved by the host state, but adequate treatment capacity for some mixed waste will not be available until far beyond the time when its storage becomes non-compli-ant. As a result, solidified mixed low-level waste is and will continue to be stored in a noncompliant manner for times longer than those allowed under RCRA. This practice continues to be tolerated by EPA for responsible generators because of the lack of practical alternatives, but only until such time as appropriate treatment or disposal capacity becomes available. 

FFCA (1992). Federal Facility Compliance Act. Public Law 102-386 (October 6), 106 Stat 1505 (U.S. Government Printing Office, Washington). 

Federal Facility Compliance Act of 1992 Written to amend the Solid Waste Disposal Act, in order to clarify provisions concerning the application of requirements and sanctions to federal facilities. 

The Federal Facility Compliance Act (FFCAct, Pub. L. 102-386) was enacted on October 6, 1992, and, among other things, specifically waived sovereign immunity with respect to RCRA for federal facilities. Therefore, EPA may impose fines and penalties on federal agencies. 

---