Federal Facility Agreement & Consent Order (FFACO)

The Federal Facility Agreement and Consent Order (FFACO) is a three-party agreement between the State of Nevada, acting by and through the Department of Conservation and Natural Resources, Division of Environmental Protection (NDEP), the United States Department of Energy (DOE), through the National Nuclear Security Administration/Nevada Field Office (NNSA/NFO) and the DOE/Office of Legacy Management (DOE/LM), and the United States Department of Defense (DoD). The FFACO applies to land controlled, managed, owned, or leased by the DOE and/or DOD in the state of Nevada. The DoD's responsibilities are limited to those areas at the NNSS where DoD has conducted activities. The DOE/LM's responsibilities are limited to the two Nevada Off-Sites, CNTA and PSA.

Purposes of the FFACO include, but are not limited to, identifying sites of potential historic contamination and implementing corrective actions based on public health and environmental considerations on the NNSS, the NTTR, the TTR, CNTA and PSA. The FFACO is available here. You can also visit DOE's NNSA/NFO website for more information , or you can find Information on the CNTA and PSA here.

Legal Authority The NDEP, DOE and DOD entered into the FFACO pursuant to their applicable authorities and responsibilities, including the Solid Waste Disposal Act, which includes both the Resource Conservation and Recovery Act (RCRA) and the Hazardous and Solid Waste Act; Chapters 444, 445, and 459 of the Nevada Revised Statutes (NRS) including the Nevada Water Pollution Control Law, NRS 445A.300 et seq., the Nevada Hazardous Waste Law, NRS 459.400 et seq., Chapters 444, 445, and 459 of the Nevada Administrative Code (NAC), the Nevada Administrative Procedure Act, NRS Chapter 233B, as these laws may be amended from time to time, and all other applicable provisions of state and federal law.

In the FFACO, NDEP specifically retains all of its hazardous waste and clean water authorities and legal rights, both substantive and procedural, both under the authorities delegated by the U.S. Environmental Protection Agency, and under its own laws and regulations as well.

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