On December 5, 2003, the EPA announced its decision to cease monitoring the Department of Energy's cleanup of radioactive and hazardous waste at the site. If EPA does not remain fully involved, Senator Feinstein is concerned that the site will not be sufficiently restored and communities may be exposed to unhealthy levels of contaminants and radiation.

Specifically, Senator Feinstein is requesting that the EPA:

• Remain involved and engaged in the Santa Susana Field Lab cleanup project; and
• Continue to provide the necessary support for operation of the Santa Susana Field Lab Inter-Agency Work Group by actively participating in it.

The Environmental Protection Agency is charged with the responsibility of monitoring the environmental practices of other governmental agencies, including the Department of Energy, to guarantee federal compliance with environmental regulations.

In a 1995 agreement, the Environmental Protection Agency and the Department of Energy entered into a Joint Policy in which the Department of Energy committed to clean its sites - nationwide - to standards consistent with the cleanup standards of the EPA's Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), irrespective of whether the sites were on the National Priority List of Superfund sites. Despite the Joint Policy, the Department of Energy now prefers to designate the Santa Susana Field Laboratory site for unrestricted residential use even though this is a less stringent standard. If EPA does not continue monitoring the environmental cleanup process, the site may forever pose significant threat to the human and environmental health of surrounding communities.

In a letter to EPA Administrator Michael Leavitt, Senator Feinstein wrote:

"It has come to my attention that the Environmental Protection Agency may withdraw its involvement in the Santa Susana Field Laboratory (SSFL) cleanup project. I recognize that EPA has been hindered in its interactions with the Department of Energy, and that a continuing disagreement exists between the two agencies regarding the appropriate health and safety standards that should be met in the cleanup process. However, I am extremely alarmed at the prospect that EPA is considering a complete withdrawal from the process.

I write to ask you to personally intervene to ensure the Environmental Protection Agency's continuing involvement and engagement in the cleanup process, and to also ensure the continued logistical and technical support that enables the success of the SSFL Inter-Agency Work Group.

More than a dozen years ago, when the extensive radiological and chemical contamination at SSFL was initially revealed, the Environmental Protection Agency was asked by legislators and the community to get involved in helping oversee the cleanup. The EPA agreed, and over the years has become deeply involved in ensuring the health and safety of the area's communities. The EPA was integral in structuring and fostering the SSFL Inter-Agency Work Group, which meets quarterly in public to coordinate agency responses to the cleanup, and keeps the community informed of developments about the site.

In 1995, the Environmental Protection Agency and the Department of Energy entered into a Joint Policy. This Joint Policy committed the Department of Energy to clean its sites - nationwide - to standards consistent with EPA's CERCLA cleanup standards, irrespective of whether the sites were on the National Priority List of Superfund sites. Despite the Joint Policy, the Department of Energy recently announced that it prefers to designate the SSFL site for unrestricted residential use despite the fact that EPA believes the site unsafe for unrestricted use, as it is not in compliance with CERCLA standards.

As the prime federal agency responsible for environmental protection, the public looks to EPA precisely for its leadership and expertise. The Inter-Agency Work Group is critical to coordinating disparate state and federal agencies' responses to the site problems, keeping the public informed, and, frankly, permitting the agencies' action to be subject to scrutiny. If EPA withdraws its logistical support for the Work Group the Work Group may no longer exist. I request your personal intervention to assure:

1. EPA will not pull out of the SSFL cleanup project but will remain actively involved and engaged.

2. EPA will continue to provide the necessary support for operation of the SSFL Inter-Agency Work Group and will continue to actively participate in it.
Thank you for your attention to this matter and I look forward to your response."

A copy of the Senator's letter is available upon request.

###