THIS AGREEMENT SUPERCEDES THE AGREEMENT PREVIOUSLY REACHED BY EPA, DOE, AND THE STATE OF COLORADO DEPARTMENT OF HEALTH ( CDH ) ON SEPTEMBER 19, 1989 ( FFCA I ). IT IS ENTERED IN- TO BY THE PARTIES IN ORDER FOR DOE TO ACHIEVE COMPLIANCE WITH THE LAND DISPOSAL RESTRICTIONS ( LDR ) OF THE HARZARDOUS AND SOLID WASTE AMENDMENTS OF 19874 ( HSWA ) TO THE SOLID WASTE DISPOSAL ACT, AS AMENDED BY THE RESOURCE CONSERVATION AND RECOVERY ACT 42 USC SEC. 6901 ET SEQ., AND THE IMPLEMENTING REGULATIONS FOUND AT 40 CFR 268, AND APPLICABLE STATE LAW AT THE ROCKY FLATS PLANT ( RFP ) LOCATED IN JEFFERSON COUNTY, COLORADO. AS OF THE EFFECTIVE DATE OF THIS AGREEMENT, CDH HAS NOT BEEN AUTHORIZED TO AD- MINISTER THE LDR PORTIONS OF HSWA AND IS NOT A PARTY TO THIS AGREEMENT. THIS AGREEMENT AND ITS REQUIREMENTS CONSTITUTE A PLAN , AS DESCRIBED IN SECTION 1-601 OF EXECUTIVE ORDER 12088, TO ADDRESS ALLEGED VIOLATIONS AT RFP OF THE LDR AND ITS IMPLEMENTING REGULATIONS AT 40 CFR 268. EXCEPT AS SPECIFICALLY SET FORTH ELSEWHERE IN THIS AGREEMENT THEIS AGREEMENT SHALL ONLY APPLY TO THE LDR REQUIREMENTS PERTAINING TO PAST AND ON-GOING GENERATION, ACCUMULATION, STORAGE, AND TREATMENT OF: (1) THE HAZARDOUS WASTE PORTION OF RADIOACTIVE MIXED WASTE; (2) THE HAZARDOUS WASTE PORTION OF MIXED RESIDUES; AND (3) CERTAIN NONRADIOACTIVE HAZARDOUS