Common use of Review and Comment on D1 Reports Clause in Contracts

Review and Comment on D1 Reports. 1. The DOE shall complete and transmit each D1 primary report to EPA and TDEC on or before the corresponding deadline established for the submittal of the report. The DOE shall complete and transmit the D1 secondary document in accordance with the target dates established for the issuance of such reports established pursuant to Section IX (Timetables and Deadlines) of this Agreement. Additional issuance information is provided in Appendix I-2 (Document Transmittal Operating Instructions). 2. Unless the Parties mutually agree to another time period, all D1 reports, except the Proposed Plan and the Record of Decision reports, shall be subject to a ninety (90) day period for review and comment. The D1 Proposed Plan and Record of Decision reports shall be subject to a sixty (60) day period for review and comment. Review of any document by the EPA and TDEC may concern all aspects of the report (including its completeness) and should include, but is not limited to, technical evaluation of any aspect of the document and consistency with CERCLA, the NCP, and any pertinent guidance or policy promulgated by the EPA or TDEC. Comments by the EPA and TDEC shall be provided with adequate specificity so that the DOE may respond to the comment and, if appropriate, make changes to the D1 report. Comments shall refer to any pertinent sources of authority or references upon which the comments are based, and, upon request of the DOE, the EPA and TDEC shall provide a copy of the cited authority or reference. In cases involving complex or unusually lengthy reports, EPA and TDEC may extend the comment period for an additional thirty (30) days by written notice to the DOE prior to the end of the comment period. On or before the close of the comment period, the EPA and TDEC shall transmit its written comments to the DOE. 3. Representatives of the DOE shall make themselves readily available to the EPA and TDEC during the comment period for purposes of informally responding to questions and comments on D1 reports. Oral comments made during such discussions need not be the subject of a written response by the DOE at the close of the comment period. 4. In commenting upon a D1 report which contains a proposed ARARs determination, EPA or TDEC shall include a reasoned statement of whether it objects to any portion of the proposed ▇▇▇▇ determination. To the extent that the EPA and/or TDEC objects, it shall explain the bases for its objection in detail and shall identify any ARARs which it believes were not properly addressed in the proposed ▇▇▇▇ determination. 5. Following the close of the comment period for a D1 report, the DOE shall give full consideration to all written comments on the D1 report submitted during the comment period; on a D1 secondary report, the DOE shall transmit to EPA and TDEC its written response to comments received within the comment period. Within sixty