2.1.1 Requirements for Complying with CERCLA

By law, all Federal agencies (including the Navy) are required to comply with the requirements of CERCLA, as indicated in the following sections of the act:

• Section 120(a)(1) makes Federal facilities subject to CERCLA "in the same manner and to the same extent, both procedurally and substantively, as any nongovernmental entity." The term "Federal facilities" includes facilities owned or operated by the Navy.
• Section 120(a)(2) provides that all guidelines, rules, regulations, and criteria that are applicable to remedial action at facilities at which hazardous substances are located shall be applicable to Federal facilities "in the same manner and to the same extent." Again, the term "Federal facilities" includes those facilities owned or operated by the Navy.
• Section 120(a)(2) also provides that no Federal agency (including the Navy) may adopt or utilize any guidelines, rules, regulations, or criteria that are "inconsistent with" the guidelines, rules, regulations, or criteria established by the EPA under CERCLA (i.e., by the Superfund Program and including the NCP).