Common use of OF DECISION Clause in Contracts

OF DECISION. If the Parties agree on the D1 Record(s) of Decision, the D1 Record(s) of Decision shall be adopted by EPA and TDEC, and the DOE shall issue the Record(s) of Decision for signature by the Parties. If the Parties are unable to reach agreement on the D1 Record(s) of Decision, the selection of the remedial action shall be made by the Administrator of EPA, or his delegatee, and EPA shall then prepare the EPA signed Record(s) of Decision. The final selection of the remedial action(s) by the Administrator shall be final and shall not be subject to dispute under Section XXVI (Resolution of Disputes). Notice of the final Record(s) of Decision shall be published by the DOE with EPA's concurrence and shall be made available to the public prior to the commencement of the remedial action(s), in accordance with Sections 117(b), (c), and (d) of CERCLA, 42 U.S.C. §§ 9617(b), (c), and (d). The EPA and/or TDEC shall propose any modifications necessary to the corrective action provisions of the DOE's RCRA permit in conjunction with the notice of the Proposed Plan(s) and the approved ROD(s).