Environmental Compliance and Cleanup

D. G. Black

Many entities have a role in DOE's new mission of environmental restoration and waste management. These include federal, state, and local regulatory agencies; environmental groups; regional communities; Indian tribes; and individual citizens. The following section describes the roles of the principal agencies, organizations, and public in environmental compliance and cleanup of the Hanford Site.

Regulatory Oversight

Several federal, state, and local government agencies are responsible for enforcing and overseeing environmental regulations at the Hanford Site. These agencies include the U.S. Environmental Protection Agency (EPA), Washington State Department of Ecology (Ecology), Washington State Department of Health (DOH), and the Benton County Clean Air Authority. These agencies issue permits, review compliance reports, participate in joint monitoring programs, inspect facilities and operations, and oversee compliance with applicable regulations. The DOE, through compliance audits and its directives to field offices, initiates and assesses actions for compliance with environmental requirements.

EPA is the principal federal environmental regulator. EPA develops, promulgates, and enforces environmental protection regulations and technology-based standards as directed by statutes passed by Congress. In some instances, EPA has delegated environmental regulatory authority to the state or authorized the state program to operate in lieu of the federal program when the state's program meets or exceeds EPA's requirements. For instance, EPA has delegated or authorized enforcement authority to Ecology for air pollution control and many areas of hazardous waste management. In other activities, the state program is assigned direct oversight over federal agencies as provided by federal law. For example, the DOH has direct authority under the Clean Air Act to implement its state program for regulating radionuclide air emissions at the Hanford Site. Where regulatory authority is not delegated or authorized to the state, EPA Region 10 is responsible for reviewing and enforcing compliance with EPA regulations as they pertain to the Hanford Site.

Although the State of Oregon does not have a direct regulatory role at the Hanford Site, DOE recognizes its interest in Hanford Site cleanup because of Oregon's location downstream along the Columbia River and the potential for shipping radioactive wastes from the Hanford Site through Oregon by rail, truck, or barge. Oregon participates in the State and Tribal Government Working Group for the Hanford Site, which reviews the Site's cleanup plans.

The Hanford Federal Facility Agreement and Consent Order

The Hanford Federal Facility Agreement and Consent Order (Tri-Party Agreement) is an agreement among EPA, Ecology, and DOE for achieving environmental compliance at the Hanford Site with the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) including the Superfund Amendments and Reauthorization Act (SARA) remedial action provisions, and with Resource Conservation and Recovery Act (RCRA) treatment, storage, and disposal unit regulation and corrective action provisions. The Tri-Party Agreement 1) defines RCRA and CERCLA cleanup commitments, 2) establishes responsibilities, 3) provides a basis for budgeting, and 4) reflects a concerted goal of achieving regulatory compliance and remediation with enforceable milestones in an aggressive manner. The Tri-Party Agreement was also established with input from the public.

Negotiations to make major changes to the Tri-Party Agreement were conducted in 1993, and a renegotiated agreement was signed by the three agencies in January 1994. Further significant changes were negotiated during 1994 with approval of these changes pending required public involvement activities. Copies of the agreement and Site Management System progress reports of activities are publicly available for inspection at the DOE Public Reading Room in Richland, Washington, and at information repositories in Seattle and Spokane, Washington, and Portland, Oregon. To get on the mailing list to obtain Tri-Party Agreement information, contact the EPA or DOE directly, or call Ecology on 1-800-321-2008. Requests by mail can be sent to:

Hanford Mailing List: Informational Mailings
P.O. Box 1970 B3-35
Richland, WA 99352
or

Hanford Update
Department of Ecology
P.O. Box 47600
Olympia, WA 98504-7600
The Tri-Party Agreement consists of a legal agreement and an action plan. The legal agreement establishes jurisdictions, authorities, and other legal determinations among the parties. The five specific areas of involvement defined by the legal agreement are the following:

  1. Identify RCRA treatment, storage, and disposal units that require permits and establish schedules to comply with interim and final status requirements. Where applicable, RCRA Part B permit applications will be completed, closures accomplished, and post-closure care implemented.
  2. Identify interim-action alternatives appropriate to implement the final RCRA corrective and CERCLA remedial actions.
  3. Establish requirements for performing investigations to determine the nature and extent of threats to public health or the environment caused by actual or possible releases, and perform studies to identify, evaluate, and select alternatives for controlling possible releases.
  4. Identify the nature, objective, and schedule of response actions for cleanup of hazardous material spills.
  5. Implement the selected interim and final RCRA corrective and CERCLA remedial actions.
The action plan implements the legal agreement by 1) defining how the parties will work together, 2) describing the processes and procedures to be followed, 3) defining the units to be addressed, and 4) scheduling the work. The action plan, through enforceable milestones, establishes a plan and schedule for bringing the Hanford Site into compliance with applicable requirements of RCRA and all remedial action requirements of CERCLA.

The Role of Indian Tribes

The Hanford Site is located on land ceded by treaties with the Yakama Indian Nation and the Confederated Tribes of the Umatilla Indian Reservation in 1855. The Nez Perce Tribe has treaty rights on the Columbia River. The tribes were guaranteed the right to fish "at all usual and accustomed places" and the privilege to hunt, gather roots and berries, and pasture horses and cattle on "open and unclaimed" land. The Wanapum people are not a federally recognized tribe, and are therefore ineligible for federal programs. However, they have historical ties to the Hanford Site and are routinely consulted regarding cultural and religious freedom issues.

In addition to treaties, other laws such as the American Indian Religious Freedom Act, the Archaeological Resources Protection Act, the National Historic Preservation Act, and the Native American Graves Protection and Repatriation Act provide a basis for the tribes' active participation in Hanford plans and activities.

The DOE provides financial assistance through cooperative agreements with the Yakama Indian Nation, Confederated Tribes of the Umatilla Indian Reservation, and Nez Perce tribe to support their involvement in the environmental restoration and waste management activities at the Hanford Site.

In recognition of the government-to-government relationship established in federal policy, the DOE and each tribe interact and consult on a direct consultation basis. The tribes also participate in formal groups such as the State and Tribal Government Working Group, the Hanford Summit Steering Committee, and the Hanford Environmental Dose Reconstruction Project's Native American Working Group as well as informal groups such as the Hanford Cultural Resources Management Plan Team. The tribes have made presentations on treaty rights, tribal sovereignty, the U.S. Government's trust responsibility, and the unique status of tribal governments for DOE and the contractors. Tribal members also made presentations at a variety of public forums and meetings.

CERCLA Natural Resource Damage Assessment Trustee Activities

CERCLA requires the President to appoint federal officials to act on behalf of the public as trustees for natural resources when natural resources may be injured, destroyed, lost, or threatened as a result of a release of hazardous substances. The President appointed the Secretary of Energy as the primary federal natural resource trustee for all natural resources located on, over, or under land administered by DOE.

The National Contingency Plan authorizes state governors to designate the appropriate state agencies to act as the state trustees for resources within or controlled by the state. The National Contingency Plan indicates that Tribal chairmen (or heads of governing bodies) of Indian tribes have essentially the same trusteeship over natural resources belonging to the tribe as state trustees have on behalf of state resources. In addition to DOE, organizations which have been designated as natural resource trustees for certain natural resources at or near Hanford include: the Yakama Indian Nation; the Confederated Tribes of the Umatilla; the Nez Perce Tribe; the state of Washington represented by Ecology and the Washington Department of Fish and Wildlife; the state of Oregon represented by the Oregon Department of Energy; the U.S. Department of Interior represented by the U.S. Fish and Wildlife Service and the Bureau of Land Management; and the U.S. Department of Commerce represented by the National Oceanic and Atmospheric Administration.

DOE has a duty to coordinate with the other natural resource trustees concerning the cleanup of a CERCLA release. DOE meets regularly with the trustees in an effort to meet this coordination requirement. According to the trustees, the objectives of these meetings include ensuring that natural resource values are fully integrated with Hanford decision-making, encouraging the development of sitewide natural resource management planning, and establishing good stewardship principles. The trustees are currently drafting a cooperative charter to formally establish the collaborative working group known as the Hanford Natural Resource Trustee Council.

Public Participation

Individual citizens of Washington State and neighboring states may influence Hanford Site cleanup decisions through public participation activities. The public is invited to share their input through many forums, including Hanford Advisory Board meetings (see Section 2.3), Tri-Party Agreement activities, National Environmental Policy Act meetings covering various environmental impact statements and environmental assessments, special forums to address specific Hanford decisions, and many less formal avenues.

A plan for community relations and public involvement is included in the Tri-Party Agreement. The community relations plan was developed and negotiated among DOE, Ecology, and EPA Region 10 with public comment and was jointly approved in 1990. The community relations plan was updated in June 1993 and will be updated on an as-needed basis.

While the Tri-Party Agreement covers cleanup and compliance decisions, many other Hanford decisions must be integrated with Tri-Party Agreement decisions. Many of the guidelines to improve interactions with the public established by the three parties have been adopted by other programs in conducting Hanford public involvement activities.

To apprise the public of upcoming opportunities for public participation, the Hanford Update, a synopsis of ongoing and upcoming public involvement activities, is published bimonthly. In addition, the Hanford Happenings calendar, which highlights all scheduled meetings and comment periods, is distributed each month.

Before each activity, the press is informed of the issues to be discussed, and notices are sent to elected officials, community leaders, and special interest groups. A mailing list of approximately 5,100 individuals who have indicated an interest in participating in Hanford decisions is maintained and kept current. The mailing list can also be used to send topic-specific information to only those people who have requested it.

Most of Hanford's public resides in Washington, Oregon, and Idaho. To allow them better access to up-to-date Hanford information, four repositories have been established. They are located in Richland, Seattle, and Spokane, Washington, and Portland, Oregon. In addition, Ecology and EPA maintain administrative records in Seattle and Richland.

The three parties respond to questions that are received via a toll-free telephone line. By calling 1-800-321-2008, members of the public can request information about any public participation activity and receive a response from the appropriate agency.

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