Contents Chapter 1
Acronyms It is the policy of the U.S Department of Energy Oak Ridge Operations Office to conduct its operations in compliance with federal, state, and local environmental protection laws, regulations, compliance agreements and decrees, settlement agreements, executive orders, DOE orders, and best management practices. The Department of Energy and its contractors make every effort to conduct operations in compliance with the letter and intent of applicable environmental statutes. The protection of the public, personnel, and the environment is of paramount importance.
The ORR includes three sites managed for DOE by Lockheed Martin Energy Systems, Inc., a DOE prime contractor. The three sites include the Y-12 Plant, ORNL, and the K-25 Site. One tract on the ORR, the Scarboro Operations Site, is managed by ORISE. Johnson Controls World Services, Inc., serves as a DOE prime contractor for operation of the Oak Ridge water plant and for the maintenance and repair of construction equipment, automobiles, and trucks.
DOE's operations on the reservation are required to be in conformance with environmental criteria established by a number of federal and state statutes and regulations, executive orders, DOE orders, and compliance and settlement agreements.
Principal among the regulating agencies are the U.S. Environmental Protection Agency (EPA) and Tennessee Department of Environment and Conservation (TDEC). These agencies issue permits, review compliance reports, participate in joint monitoring programs, inspect facilities and operations, and oversee compliance with applicable regulations.
When ongoing self-assessments of compliance status identify environmental issues, the issues are discussed with the regulatory agencies in an effort to ensure that compliance with all environmental regulations will be attained. In the following sections, compliance status for the ORR sites with regard to major environmental statutes and DOE orders is summarized by topic.
2.2.1 Resource Conservation and Recovery Act
The Resource Conservation and Recovery Act
(RCRA) was passed in 1976 to
address management of the country's huge volume of solid waste. The law
requires that EPA regulate the
management of hazardous waste, which includes waste solvents, batteries,
and many other substances deemed potentially harmful to human health and
to the environment. RCRA also regulates underground storage tanks
(USTs) used for the storage of
petroleum and hazardous substances.
Subtitle C of RCRA controls all aspects of the management of hazardous waste, from the point of generation to treatment, storage, and disposal (TSD). Hazardous waste generators must follow specific requirements for handling these wastes.
The Y-12 Plant, ORNL, and the K-25 Site are large-quantity generators. Each generate both RCRA hazardous waste and RCRA hazardous waste mixed with radionuclides (mixed waste). The hazardous and/or mixed wastes are accumulated by individual generators at locations referred to as satellite accumulation areas or 90-day accumulation areas, as appropriate, where they are picked up by waste management personnel and transported to a treatment, storage, or disposal facility. At the end of 1995, the Y-12 Plant had about 285 generator accumulation areas for hazardous or mixed waste, ORNL had about 350, and the K-25 Site maintained 338 generator accumulation areas.
ORISE is classified under RCRA as a ``conditionally exempt small-quantity generator.'' Its site accumulation area is located in the Chemical Safety Building on the Scarboro Operations Site.
The Central Training Facility, Bear Creek Valley Road, is also classified as a ``conditionally exempt small-quantity generator.'' The Transportation Safeguards Division Garage, at present, is a small quantity generator. However, because of recycling efforts and product replacements, the reduction of hazardous waste generation at this facility should allow its reclassification to a ``conditionally exempt small-quantity generator.''
RCRA requires that owners and operators of hazardous waste management facilities have operating and/or postclosure care permits. The Y-12 Plant is registered as a large-quantity generator and a TSD facility under EPA ID Number TN3890090001. Most of the units at the Y-12 Plant are being operated under operating permits; however, several units still operate under interim-status regulations in accordance with a Part A permit application, the most recent version of which was approved in July 1991. Amended Part A permit applications were submitted to TDEC in December 1991, August 1993, July 1994, and September 1995 but have not yet been acted on. Six RCRA Part B permit applications have been submitted for 20 active storage and treatment units listed on the Part A permit application. Three of these Part B applications have been approved and issued as RCRA operating permits. The first permit (TNHW-032) was issued by the TDEC on September 30, 1994, for the tank storage units, which include the following:
Permit TNHW-083 was issued by TDEC on September 28, 1995, for the container storage units, which include the following:
Three Class 1 permit modifications were submitted to the TDEC in 1995 for Permit TNHW-032. These modifications included updating the contingency plan, changing the name of the company to Lockheed Martin Energy Systems, Inc., updating maps and figures, and minor modifications to the language used in the permit. A Class 1a permit modification request was submitted in 1995 changing the inspection checklists and logs. This modification request was also approved by the TDEC in 1995.
Permit TNHW-084 was also issued by TDEC on September 28, 1995, for the production-associated units, which include the following:
Five units at the Y-12 Plant remain as interim-status units. Eight wastewater treatment units operate in accordance with permit-by-rule regulations.
RCRA postclosure permit applications for the Y-12 Plant Kerr Hollow Quarry and New Hope Pond site were submitted to TDEC during 1995. (See the ``2.2.2 '' section for additional information.)
ORNL is registered as a large-quantity generator and a TSD facility under EPA ID Number TN1890090003. Two additional ORNL facilities, the Walker Branch Watershed Laboratory and the White Oak Creek Embayment, were operated as small-quantity generators under EPA ID Numbers TN8981800008 and TN8891800007 in previous years; however, in 1995 they did not generate any hazardous wastes.
ORNL's most recent Part A revision, dated August 9, 1995, included 36 units. During 1995, 25 units operated as interim-status or permitted units, and another 11 units were proposed (new construction). Construction began on three new storage units: 7668 for mixed wastes, 7883 for transuranic (TRU) mixed wastes, and 7572 for CH-TRU storage. On May 30, 1995, TDEC issued a RCRA permit (TNHW-010A) for eight units (7507, 7507W, 7651, 7653, 7654, 7668, 7669, 7934). Building 7652 continues to operate under the 1986 RCRA permit (TN1890090003 and HWSA-TN001). Tank 7830A received a RCRA permit on October 15, 1992 (TNHW-027).
Seven Class 1 permit modifications were submitted to TDEC in 1995: changing the name of the company from Martin Marietta Energy Systems, Inc., to LMES in three permits, adding newly listed wastes in three permits, and updating the waste analysis plan for the Tank 7830A permit. A Class 1a permit modification request was submitted in 1995 covering the leasing of 1000 acres of the ORR to the East Tennessee Economic Council. TDEC approved and issued the modification, but the modification was appealed by DOE and Energy Systems. The appeal is still pending. Class 2 modifications will be initiated in early 1996 for incorporating newly listed wastes in three permits.
The K-25 Site has received four RCRA permits. The K-1435 TSCA Incinerator is a hazardous waste treatment unit operating under a RCRA permit (TNHW-15) issued byTDEC on September 28, 1987. Issuance of a revised RCRA permit based on trial burn results was received in December 1995. A second permit is for storage of waste at the incinerator. Two other permits cover storage in the former process building vaults.
1995 modifications to the K-25 Site RCRA permits included an update of contingency plan information, changes to the map of the site boundaries and portals, revisions to personnel training sections, removal of waste piles that had not been used to store waste, and submittal of as-built drawings and calculations for newly constructed units. In addition, modifications to permit management of newly listed wastes were submitted.
2.2.1.1 RCRA Assessments, Closures, and Corrective
Measures
The Hazardous and Solid Waste Amendments
(HSWA) to RCRA, passed in
1984, require any facility seeking a RCRA permit to identify,
investigate, and (if necessary), clean up all former and current solid
waste management units
(SWMUs). The HSWA permit for
the ORR was issued as an attachment to the RCRA permit for
Building 7652 at ORNL. The HSWA permit addresses past, present, and
future releases of hazardous constituents to the environment. Many HSWA
permit requirements have now been integrated into the ORR federal
facilities agreement (FFA).
(See the ``2.2.2 '' section for details.)
At the Y-12 Plant, 24 RCRA units have been certified closed by TDEC since the mid-1980s. Additional RCRA units requiring closure at the Y-12 Plant include the 9409-5 Tank Storage Unit, the northern section of the Interim Drum Yard, and the Uranium Treatment Unit. Regulatory approval of the closure plans for these units has been received, and closure has been initiated for each of these units. Closure of these units should be completed in CY 1996.
At ORNL, solid waste storage area SWSA 6 is currently undergoing RCRA/Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) closure. The revised closure plan for SWSA 6 was resubmitted to TDEC and EPA for formal review in July 1995. The revision focuses on the integration of CERCLA remediation processes while still addressing the RCRA closure requirements. On October 13, 1995, TDEC approved the Closure Plan for New Hydrofracture Surface Facility (Building 7860). Closure of the facility is nearing completion, and certification is expected by mid-1996. RCRA-mandated corrective actions continue under the CERCLA process.
Closure of the New Hydrofracture Surface Facilities, Building 7860, is pending final approval of the closure plan. RCRA-mandated corrective actions continue under the CERCLA/FFA process.
At the K-25 Site, closure of the K-1413 unit was completed, and certification of closure was submitted to TDEC in July 1995.
2.2.1.2 Land Disposal Restrictions
The 1984 RCRA amendments established land disposal restrictions
(LDRs), which prohibit the
land disposal of untreated hazardous wastes. The amendments require that
all untreated wastes meet treatment standards before land disposal or
that they be disposed of in a land disposal unit from which there will
be no migration of hazardous constituents for as long as the waste
remains hazardous. These restrictions also prohibit storage of
restricted hazardous or mixed waste except as necessary to facilitate
recovery, treatment, or disposal.
Currently, with the exception of a few organic mixed wastes, the same restrictions apply to mixed wastes, which are composed of a mixture of radioactive and hazardous wastes. In June 1992, negotiation was completed on a federal facilities compliance agreement (FFCA) to resolve the compliance issue of storing restricted waste for a period longer than is necessary to facilitate recovery, treatment, or disposal. The agreement contained a compliance schedule for submittal of strategies and plans for treatment of the backlog of restricted waste through a variety of treatment options. Since then, the Federal Facilities Compliance Act has been passed by Congress to address the extended storage of mixed waste by DOE through agreement with host states. A Tennessee commissioner's order signed on September 26, 1995, culminated negotiations between DOE and the state and established a schedule for treatment and disposal of DOE's mixed waste at Oak Ridge Facilities.
EPA, DOE, and TDEC have negotiated the ORR FFA to ensure that the
environmental impacts associated with past and present activities at the
ORR are thoroughly investigated and that appropriate remedial actions or
corrective measures are taken as necessary to protect human health and
the environment. This agreement established a procedural framework and
schedule for developing, implementing, and monitoring response actions
on the ORR in accordance with CERCLA. The ORR FFA is also intended to
integrate the corrective action processes of RCRA and CERCLA.
For example, in April 1993, DOE, TDEC, and Energy Systems
signed an agreed order regarding the RCRA postclosure permit for the
S-3 Site at the Y-12 Plant, formally agreeing to proceed with
CERCLA as the lead regulatory program and with RCRA as an applicable or
relevant and appropriate requirement, to the extent that postclosure
maintenance and care of former interim-status units will be conducted in
compliance with the terms of RCRA postclosure permits. Groundwater
monitoring will be integrated with CERCLA programs, and corrective
actions will be deferred to CERCLA. Reporting of groundwater
monitoring-data will comply with RCRA postclosure permit conditions as
well as CERCLA requirements. The RCRA postclosure permit for units
located in the Bear Creek Hydrogeologic Regime was modified effective
September 12, 1995. This regime-wide permit now includes all units
closed under RCRA in the western end of Bear Creek Valley
(BCV).
TDEC issued a Class 3 modification to the Chestnut Ridge
Hydrogeologic Regime RCRA postclosure permit effective
September 19, 1995, and issued the final Chestnut Ridge Security
Pits modification to the Chestnut Ridge Hydrogeologic Regime RCRA
postclosure permit on March 8, 1996. The site is now under RCRA
corrective-action monitoring and postclosure care and maintenance. In
addition, TDEC issued the draft Kerr Hollow Quarry modification to the
Chestnut Ridge Hydrogeologic Regime RCRA postclosure permit on
March 26, 1996. Public notice of the proposed action and comment
period was posted on March 29, 1996.
More than 200 potentially contaminated units have been identified at the
Y-12 Plant, resulting from past operations and waste management
practices. Many of these sites have been grouped into operable units
(OUs) based on priority, common
assessment, or potential remedial actions.
Field sampling activities were completed in the Bear Creek Hydrogeologic
Regime during 1995, and work was initiated on the remedial investigation
and feasibility study reports. The draft remedial investigation report
is scheduled to be issued for regulatory review in the fall of 1996.
A proposed plan and record of decision for Chestnut Ridge OU 2 were
issued during 1995. The remedial action will include stabilizing an
earthen dam that retains coal ash slurry generated at the
Y-12 Plant, repair of the dam spillway, and relocation of a wetland
that will be disrupted during construction.
CERCLA activities continued at ORNL during 1995. The postconstruction
report for the waste area grouping
(WAG) 5 Seep C and D
removal action was completed and submitted to the regulators. Both seep
collection and treatment systems continue to remove strontium-90 from
groundwater emanating from WAG 5 at the designed treatment
efficiency. The construction related to the WAG 1, Corehole 8
Removal Action Project was completed during 1995, and collection of
groundwater contaminated with strontium-90 was initiated. The Gunite and
Associated Tank CERCLA Treatability Study continued during the year. Two
incentive task order projects involving CERCLA actions were initiated in
1995: Demolition of the Waste Evaporator Building (Building 3506)
and the WAG 4 Seeps 4 and 6 Grouting Project. Planning was
initiated concerning potential incentive task order projects to include
the Gunite and Associated Tanks and the WAG 1 Surface Impoundments
OU remedial investigation/feasibility study
(RI/FS).
The Molten Salt Reactor Experiment
(MSRE) removal
action-Phase 1 was initiated and completed. Planning for future
CERCLA actions continued for the MSRE. The WAG 5 remedial
investigation was completed in 1995. CERCLA/RCRA integration at
WAG 5 North was attempted with the submittal to TDEC of a revised
closure plan for SWSA 6. In 1995 Environmental Restoration
submitted a revision to the 1988 RCRA Closure Plan for SWSA 6 that
proposed an integration of RCRA closure and CERCLA remedial action
requirements. As of this writing, no response has been received from the
TDEC . Plans to submit a WAG 6 postclosure permit application to
TDEC were put on hold per TDEC's request. Background monitoring under
the WAG 6 Environmental Monitoring Plan was completed during 1995
and routine monitoring was initiated. Planning continued and field work
was initiated during the year with respect to the WAG 7 In Situ
Vitrification Project.
There are approximately 190 potentially contaminated units at the
K-25 Site, grouped into 12 areas of contamination, including
groundwater. 1995 CERCLA activities involved the following actions:
Contaminated water collected from the SW31 spring was transported to the
Y-12 Plant's Groundwater Treatment Facility. Activity began in
January 1994 as Phase I of the CERCLA remedial action.
Phase II began in early 1995 and involves upgrading the
K-25 Site Central Neutralization Facility
(CNF) to treat the water.
Completion of this project is anticipated during calendar year 1996.
The K-1407-B Holding Pond and K-1407-C Retention Basin were RCRA
interim-status units until 1994, when closure plans for these units were
approved, granting clean closure. Closure certification was received
from TDEC in June 1994, and remediation began in July 1994.
Remedial construction was completed in January 1995, when both
units were filled and capped. These sites are now regulated exclusively
by CERCLA.
The K-1070 C/D Burial Ground Feasibility Study was initiated during
1995, with the completion scheduled for spring of 1996. Remediation is
anticipated for the spring of 1997.
The K-25 Auxiliary Facilities Assessment commenced activities during the
fall of 1995. The removal action is scheduled to commence in 1997 and
consists of the demolition and removal of five buildings.
The K-901-A Holding Pond and K-1007-P1 Pond Remedial Evaluation was
performed in 1995; the Remedial Site Evaluation Report for the
K-901-A Holding Pond at the Oak Ridge K-25 Site, Oak Ridge,
Tennessee
(SAIC 1995
) was published in September 1995 and updated in February 1996
(SAIC 1996a
). It is anticipated that an Engineering Evaluation/Cost Analysis will
be published addressing the contaminated silt in September 1996,
with construction beginning in fiscal year
(FY) 1997.
Site treatment plans are required for facilities at which DOE generates
or stores mixed waste. The purpose of the proposed site treatment plan
is to identify to TDEC the proposed options (treatment method, facility,
and schedule) for treating mixed waste at the ORR. For some waste types,
these options include continued waste characterization for treatment,
development, and/or modification of treatment technologies. The proposed
site treatment plan is also being provided to the EPA pursuant to the
requirements contained in the ORR LDR FFCA and the Federal Facilities
Compliance Act. To the extent possible, the proposed site treatment plan
designates specific facilities for the treatment of mixed waste and
proposes schedules as set forth in the Federal Facilities Compliance
Act. If it is not possible to designate facilities or to adhere to
schedules, the proposed site treatment plan provides schedules for
alternative activities, such as waste characterization and technology
assessment. The main treatment strategies are as follows:
The plan calls for mixed low-level waste on the ORR to be treated by a
combination of commercial treatment capabilities and existing and
modified on-site treatment facilities. Mixed TRU waste streams on the
ORR, composed of both contact and remote-handled wastes, will be treated
in the proposed Transuranic Processing Facility
(TPF) only as necessary to
meet the waste acceptance criteria for disposal at the WIPP. Nine
existing on-site facilities will be used to treat inventoried mixed
waste. Construction of one new major on-site facility (the TPF) is
proposed for the ORR, as described in the plan. The final configuration
of new on-site facilities for mixed low-level (radioactive) waste
(LLW) streams will depend on
the extent to which commercial resources are available.
The proposed site treatment plan was issued to TDEC on April 4,
1995. TDEC has reviewed and modified the proposed plan in accordance
with Section 3021(b)2 of RCRA. TDEC has issued a commissioner's
order (effective October 1, 1995) which requires compliance with
the approved plan.
The Site Treatment Plan (STP)
provides overall schedules, milestones, and target dates for achieving
compliance with LDR; a general framework for the establishment and
review of milestones; and other provisions for implementing the STP that
are enforceable under the commissioner's order.
Semiannual progress reports will document the quantity of LDR mixed
waste in storage at the end of the previous 6-month period and the
estimated quantity to be placed in storage for the next 5 fiscal
years. Descriptions will be provided of (1) the progress for
treatment of each waste stream during the previous 6-month period and
(2) new treatment development. Additionally, the progress report
will provide information such as addition or deletion of waste streams,
funding activities, any changes in waste form or code, and any
technology or capacity needs.
Annual updates of the STP may contain requests for approval of changes.
The requests may include, as appropriate, (1) proposed revisions or
conditionally approved revisions, (2) proposed new milestones, and
(3) other changes to overall schedule.
The STP will terminate when there is no longer any LDR mixed waste being
stored on the ORR, regardless of when it was generated. In the absence
of an STP, LDR mixed-waste storage would be in violation of RCRA
Section 3004(j).
UST compliance also requires that a certain amount of documentation be
maintained in the form of tank tightness records, tank repairs, and/or
inventory control records. General operating requirements are outlined
in the regulations and are incorporated into the applicable Energy
Systems operating procedures. Table 2.2 presents the status of USTs on the ORR.
Energy Systems operates under a procedure that establishes
administrative controls and provides requirements for project reviews
and compliance with NEPA. Provisions apply (1) to the review of
each proposed project, activity, or facility for its potential to result
in significant impacts to the environment and (2) to the
recommendation based on technical information of the appropriate level
of NEPA documentation. The NEPA review process results in the
preparation of NEPA documents and supporting information. Federal,
state, and local environmental regulations and DOE orders applicable to
the environmental resource areas must be considered when preparing NEPA
documents. These environmental resource areas include air, surface
water, groundwater, terrestrial and aquatic ecology, threatened and
endangered species, land use, and environmentally sensitive areas.
Environmentally sensitive areas include floodplains, wetlands, prime
farm land, habitats for threatened and endangered species, historic
properties, and archaeological sites. Each ORR site NEPA program also
maintains compliance with NEPA through the use of its site-level
administrative and operational procedures. These procedures assist in
establishing effective and responsive communications with program
managers and project engineers with the goal of establishing NEPA as a
key consideration in the formative stages of project planning.
The Y-12 Plant received two approved environmental assessments
(EAs): for the Interim Storage
of Enriched Uranium Above Historical Level Project and the Hydrogen
Fluoride Supply System for Building 9212 Project. These EAs were
approved by issuance of ``findings of no significant
impact''(FONSI).
ORNL has prepared or supported the preparation of seven environmental
assessments. Four of these have been approved and a FONSI issued. They
include (1) Construction and Operation of Transuranic and
Transuranic Mixed Waste Retrievable Storage Facilities,
(2) Management of Spent Nuclear Fuel on the Oak Ridge Reservation,
(3) Melton Valley Storage Tanks Capacity Increase Project, and
(4) Lease of Parcel ED-1 of the ORR by the East Tennessee Council.
The remaining three are in various stages of review and/or preparation.
They include (1) Class III/IV Solid Low-Level Waste Storage
Area 7; (2) Construction and Operation of the Center for
Biological Sciences, Buildings 1010, 1011, and 1012; and
(3) Proposed Changes to the Sanitary Sludge Land Application
Program on the ORR.
Compliance with NHPA at ORNL, the Y-12 Plant, and the
K-25 Site is achieved and maintained in conjunction with NEPA
compliance. The scope of proposed actions is reviewed in accordance with
the programmatic agreement and, if warranted, consultation is initiated
with the SHPO and the Advisory Council on Historic Preservation, and the
appropriate level of documentation is prepared and submitted. Because
the programmatic agreement has improved project review efficiency and
has caused a reduction in the number of projects requiring concurrence
from SHPO and the advisory council, ORNL, the K-25 Site, and
Y-12 Plant experienced a sharp decline in the number of
archaeological/historical reviews required for submittal to the SHPO and
the council; four reviews were prepared for submittal in 1995.
A survey of the Y-12 Plant to identify sites eligible for the
National Register
was completed in 1995. In addition, the Y-12 Plant site
archaeological survey is under way, scheduled for completion in 1996.
Final reports for both surveys are expected by the end of 1996. ORR-wide
surveys to identify and evaluate pre-World-War II structures and known
archaeological sites for eligibility in the National Register
were completed in 1995. Survey results will be incorporated into the
CRMP.
A historical consultant acceptable to the Tennessee SHPO was
contracted to conduct a survey of all ORISE structures in order to
comply with the NHPA. Section 106 of the NHPA requires federal
agencies to coordinate with the state and allow the SHPO to review
proposed demolition projects and other activities adversely affecting
existing structures. During the past 3 years, ORISE removed
40 surplus structures (some requiring decontamination) from the
ORR. Two properties, the Freels Cabin and the Atmospheric Turbulence
Diffusion Laboratory, were identified as previously included in the
National Register of Historic Places
(National Register
). Management responsibilities for the Freels Cabin have since been
transferred to LMER.
The ORR implements protection of wetlands through the site NEPA program
offices in accordance with 10 CFR 1022, ``Floodplain/Wetlands
Environmental Review Requirements.'' Each of the sites has surveys for
the presence of wetlands, and surveys are conducted on a project or
program as-needed basis. Wetland surveys and delineations have been
conducted on about 14,000 acres (5,668 ha) of the
34,500 acres (13,968 ha) that compose the reservation. About
800 acres (324 ha) of wetlands have been identified in the
areas in which surveys have been conducted. Surveys for the remaining
20,500 acres (8,300 ha) are planned to be conducted only as
needed.
TDEC develops a regulatory position on impacted wetlands that includes
mitigation; any affected wetlands must be replaced in area and function
by newly constructed wetlands.
The Y-12 Plant has conducted two surveys of its wetlands resources.
Identification and Characterization of Wetlands in the Bear Creek
Watershed
(Energy
Systems 1993a
) was completed in October 1993, and a wetland survey of selected
areas in the Y-12 area of responsibility was completed in
October 1994. The first report surveys the Y-12 Plant and
surrounding areas; the second report surveys additional areas for which
environmental restoration (ER)
activities are planned.
The Y-12 Plant practices wetlands protection by requiring
protective buffer zones and other best management practices whenever
activities are proposed that may introduce a potential environmental
impact. Wetlands protection, documentation, and reporting requirements
are administered through the NEPA review and documentation process
according to 10 CFR 1022.
In 1995 TDEC approved a wetlands mitigation plan for First Creek at ORNL
in conjunction with a sediment-removal project on Melton Branch. The
implementation date for the plan is March 1996. A wetlands survey
of ORNL areas will be completed and published in 1996.
A partial wetlands survey for areas within the K-25 Site area of
responsibility was conducted during the summer of 1994. Not all areas
within the K-25 Site area of responsibility have been surveyed for
wetlands, and it is likely that additional locations will be classified
as wetlands. The wetlands that have been identified are protected by
various best management practices.
Whorled mountain mint is found on the ORR, but its taxonomy is
uncertain. A species of Pycnathemum
, it is believed to be either Pycnathemum verticillatum
or Pycnathemum torrei
. If the presence of either were confirmed, it would be listed by the
state. Two additional species listed by the state, Lilium
michiganense
and Carex oxylepis
(var. pubescens
), were identified in the past on the ORR; however, they have not been
found in recent years. Several state-listed plant species currently
found on adjacent lands may be present on the ORR as well, although they
have not been located.
Potable water for the city of Oak Ridge, the Y-12 Plant, and ORNL
is received from a DOE-owned water-treatment facility located northeast
of the Y-12 Plant and currently managed by Johnson Controls World
Services, Inc. Both ORNL and the Y-12 Plant are designated as
non-transient, non-community water-distribution systems by the TDEC
Division of Water Supply and are subject to the Tennessee Regulations
for Public Water Systems and Drinking Water Quality,
Chapter 1200-5-1. Under the TDEC regulations, distribution systems
that do not perform water treatment can use the records sent to the
state by the water treatment facility from which water is received to
meet applicable compliance requirements. In 1995, the DOE water
treatment plant met all of the Tennessee radiological and
nonradiological standards.
ORNL's water system, which is sampled and analyzed annually, met the
lead and copper action-level standards during the last 4 years.
The K-1515 Sanitary Water Plant provides drinking water for the
K-25 Site and for an industrial park located on Bear Creek Road
south of the site. The DOE-owned facility is classified as a
non-transient, non-community water-supply system by TDEC and is subject
to state regulations. The plant is in compliance with the drinking-water
quality standards; monthly and quarterly testing for required
constituents is carried out and reported to TDEC. Requirements of the
lead and copper rule have been met, and the plant has been granted
approval to reduce monitoring for these constituents to once per
year.
A cross-contamination control program implemented at the
Y-12 Plant, ORNL, and the K-25 Site prevents and eliminates
cross-connects of sanitary water with process water and utilizes
back-flow prevention devices and an engineering review and permitting
process. As part of the program, an inventory of installed back-flow
prevention devices is maintained, and inspection and maintenance of the
devices are conducted in accordance with regulatory requirements.
The Y-12 Plant NPDES permit encompasses approximately 100 active
point-source discharges requiring compliance monitoring that resulted in
about 10,000 laboratory analyses in 1995, in addition to numerous field
observations. The number of outfalls continues to decline as they are
consolidated or eliminated. Although releases that exceed the NPDES
permit levels and spills to the environment occur, considerable progress
was made in 1995 to minimize such releases and their effect on receiving
streams. Monitoring of discharges demonstrates that the Y-12 Plant
has achieved an NPDES permit compliance rate of more than 99%;
biological monitoring programs conducted on nearby surface streams
provide evidence of the ecological recovery of the streams. At the
Y-12 Plant there were 6 NPDES noncompliances in 1995, compared
with 11 in 1994 (Fig. 2.1). Only two of the noncompliances during 1995 were because of events
that exceeded the wastewater discharge limits.
The ORNL NPDES permit, issued in 1986, lists 161 point-source
discharges that require compliance monitoring. Approximately 100 of
these are storm drains, roof drains, and parking lot drains. Runoff from
storm and parking lot drains has resulted in NPDES permit effluent
limits for oil and grease and total suspended solids being exceeded.
Progress continues toward minimizing or eliminating these noncompliances
(Fig. 2.1). Compliance was determined by approximately 18,000 laboratory
analyses and measurements in 1995 in addition to numerous field
observations by ORNL field technicians. The NPDES permit limit
compliance rate for all discharge points for 1995 was greater than 99%.
About 80% of ORNL's permit noncompliances for 1995 were for
suspended solids in storm water runoff.
The K-25 Site NPDES permit includes five major outfalls and
137 storm drain outfalls. One storm drain outfall was removed from
the permit during 1995, and five storm drain outfalls were added. From
about 35,000 NPDES laboratory and field measurements completed in
1995, only 5 noncompliances occurred (compared with 16 in 1994),
indicating a compliance rate of more than 99% (Fig. 2.1 ).
ORNL is currently operating under NPDES Permit 0002941, issued by
TDEC and EPA Region 4 on April 1, 1986. The permit expired on
March 31, 1991. An application for renewal was submitted to TDEC on
September 28, 1990. ORNL submitted a separate, individual NPDES
storm water application in October 1992. Negotiations toward a new
permit were initiated in 1993 and were continued in 1994 and 1995. It is
anticipated that a new permit will be issued in the fourth quarter of
1996.
The K-25 Site is operating under NPDES Permit TN0002950,
issued with an effective date of October 1, 1992. A major permit
modification became effective June 1, 1995. As required by the
permit, a Storm Water Pollution Prevention Plan was completed by
October 1993. This plan (1) identifies areas having the
potential to discharge pollutants to the receiving waters,
(2) includes a pollutant control strategy to identify actions to
minimize discharges of pollutants, and (3) outlines the development
of annual sampling and analysis plans. Sampling as outlined in the
FY 1995 Storm Water Pollution Prevention Sampling and Analysis Plan
was initiated during the fourth quarter of 1994 and was completed in
1995. An evaluation of FY 1995 results was used to determine the
scope of the FY 1996 Storm Water Pollution Prevention Sampling and
Analysis Plan.
During 1995 the Y-12 Plant experienced violations of the current
discharge permit. Samples obtained at the compliance point for the
Y-12 Plant exceeded permit limits for oil and grease, iron,
cyanide, copper, mercury, and lead. All of these incidents occurred as a
result of maintenance and construction activities involving the sanitary
sewer system at the Y-12 Plant. The Y-12 Plant sanitary sewer
system is more than 50 years old and has received only minor
maintenance upkeep during this period; therefore, it needs major
rehabilitation. A multimillion dollar sanitary sewer upgrade project has
been initiated and is currently in the design stage. Construction
activities are expected to begin in early FY 1997 and last through
FY 1998.
The city of Oak Ridge has delayed issuance of a new discharge permit for
the Y-12 Plant until the state of Tennessee issues an NPDES permit
for the Oak Ridge Wastewater Treatment Plant. The current discharge
permit for the Y-12 Plant has been extended through
January 1997.
Sanitary sewer radiological sample results at the Y-12 Plant are
routinely reviewed to ensure compliance with DOE Order 5400.5. As
sample results are received they are compared with the derived
concentration guides (DCGs)
listed in the order. No radiological parameter that is monitored
(including uranium) has exceeded a DCG. Typically, the results are three
orders of magnitude below DCG limits.
At ORNL, sanitary wastewater is collected, treated, and discharged
separately from other liquid wastewater streams through an on-site
package sewage treatment plant. Wastewater discharged into this system
is regulated by means of internally administered waste acceptance
criteria based on the plant's NPDES operating permit parameters.
Wastewater streams currently processed through the plant include
sanitary sewage from facilities in Bethel and Melton valleys, area
runoff of rainwater that infiltrates the system, and point sources such
as biodegradable laboratory wastes and biodegradable scintillation
fluids. The effluent stream from the sewage treatment plant is
ultimately discharged into White Oak Creek
(WOC) through an
NPDES-permitted outfall (X-01). Infiltration into the system and the
discharge from the on-site laundry has, at times, caused the sludge
generated during the treatment process to become slightly radioactive.
As a result, the sludge is treated as solid LLW and is disposed of in
ORNL SWSAs. ORNL has received funding and is carrying out comprehensive
upgrades of its sanitary sewage system. Upgrades include sealing the
collection system to prevent infiltration of contaminated groundwater
and surface water and redirecting contaminated discharges from the
laundry to appropriate alternative treatment facilities.
K-25 Site domestic wastewater is treated at the K-1203 Sewage
Treatment Plant and discharged pursuant to the NPDES permit.
A sewer use ordinance and an influent surveillance program are in
effect to ensure that effluent from the K-1203 sewage treatment plant
continues to meet all NPDES permit limits. The sewer lines are currently
being relined and repaired to reduce rainwater infiltration. The project
is scheduled to be completed during 1996.
The Oil Pollution Act requires certain facilities to prepare and
implement a facility response plan for responding to a worst-case
discharge of oil. The K-25 Site is subject to the requirements for
preparing such a plan because of its oil storage capacity and location.
An updated plan was submitted to the EPA on February 17, 1995. The
plan includes designation of response personnel, description of response
equipment, identification of the worst-case discharge scenario and
associated response actions, personnel training requirements, testing
and inspection requirements, and other oil spill-prevention and response
measures. No facility response plan was required for the Y-12 Plant
or ORNL.
The CAA program staff routinely participate in both inspections and
internal audits to identify areas for improvement in the operation of
air sources as required by regulation or permit condition. Major sources
are appropriately permitted, and documentation of compliance is
developed. A number of minor sources that are exempt from permitting
requirements under state of Tennessee rules are documented for internal
purposes as well. All major emission sources are permitted by TDEC and
are operating in compliance with those permits. The programs for
permitting, compliance inspection, and documentation of compliance are
in place.
Under Title III-Hazardous Air Pollutants
(HAPs), the major emphasis in
1995 has been on determining the applicability of final rules that have
been promulgated by EPA to date. HAP emission inventories continue for
the purposes of Title V permit applications.
Under Title V permits, each ORR facility has conducted source
identification programs. This information will form the basis for
Title V permit applications that will be submitted in 1996 and
1997. A comprehensive Title V Permit for each ORR facility will
replace the individual source permits that are currently active at each
facility.
Continuous emissions monitoring is performed at the K-25 TSCA
Incinerator, at four major stacks and two minor stacks at ORNL, and at
exhaust stacks serving uranium-processing areas at the Y-12 Plant.
As of January 1, 1995, the Y-12 Plant had a total of
68 stacks, of which 63 were active and 5 were temporarily
shut down. During 1995, five additional stacks were put into temporary
shutdown. Thus, during the course of the year, 63 stacks were
monitored, and there were 58 stacks being monitored at the end of
1995. Grab samples and other EPA-approved estimation techniques are used
on remaining minor emission points, grouped area sources, and fugitive
emissions. All three facilities met the emission and test procedures of
40 CFR 61, Subpart H.
At the close of 1995, 31 permitted air emission sources were in
operation at ORNL. During the year, permit maintenance activities
included exemption of one source, a new permit for one source, permit
renewal for four sources, and construction permit applications submitted
for three sources. In addition, an internal surveillance of all
permitted sources was conducted and TDEC conducted compliance
inspections.
There were 160 active air sources at the K-25 Site at the end
of 1995. The total includes 29 sources covered by 10 TDEC air
operating permits and 131 sources that are exempt from permitting
requirements. Three proposed sources were covered under permits to
construct.
Compliance with the act is ensured through the activities of the TSCA
Task Team and the PCB Task Team. The TSCA Task Team addresses all
aspects of TSCA compliance except matters related to PCBs, which are
addressed by the PCB Task Team. Both teams are composed of members of
K-25 Site, Y-12 Plant, and ORNL.
PCB regulations promulgated in 1979 (40 CFR 761) did not anticipate the
use of PCBs in many of the applications for which they were employed. As
a result, uses not specifically authorized present compliance issues
under TSCA. Such uses include PCBs incorporated into gasket materials,
metal-working lathes, and other oil- or grease-lubricated equipment,
electrical wire and other insulation materials, corrosion-resistant
coatings and paints, and plastics. Such unauthorized uses of PCBs are
occasionally found in building materials, lubricants, and non-electrical
systems during the course of ORR decommissioning and decontamination
activities. The most notable of these unauthorized uses of PCBs are
PCB-impregnated gaskets in the gaseous diffusion process motor
ventilation systems at the K-25 Site. These gaskets are addressed
under the Uranium Enrichment Polychlorinated Biphenyl Federal Facilities
Compliance Agreement
(UE-PCB-FFCA ) between
EPA and DOE. Other unauthorized uses are to be included in the Oak Ridge
Reservation Polychlorinated Biphenyl Federal Facilities Compliance
Agreement
(ORR-PCB-FFCA)
currently being negotiated with EPA Region 4.
The predecessor to the ORR-PCB-FFCA is the Uranium Enrichment Toxic
Substances Control Act Federal Facilities Compliance Agreement
(UE-TSCA-FFCA), which
was signed February 20, 1992. This agreement between DOE-HQ and
EPA-HQ provides a vehicle for resolution of PCB issues at the
Portsmouth, Ohio, and Paducah, Kentucky, uranium enrichment
UE facilities and at the former
K-25 UE facility in Oak Ridge. In July 1993 the Portsmouth
and Paducah UE facilities were leased from DOE by the United States
Enrichment Corporation
(USEC). USEC, created by the
Energy Policy Act of 1992, is a wholly owned enterprise of the U.S.
government, independent of DOE. The terms of the lease specify that
responsibility for PCB regulatory compliance is retained by DOE for
these two facilities.
EPA-HQ agreed to continue the UE-TSCA-FFCA with DOE for the Portsmouth
and Paducah facilities but directed EPA Region 4 to enter into an
agreement with DOE-ORO that would include the K-25 Site as well as
the Y-12 Plant and ORNL. The UE-TSCA-FFCA continues in force for
the K-25 Site until the ORR-PCB-FFCA is completed. Administration
of the UE-TSCA-FFCA has been assigned to the EPA Federal Facilities
Enforcement Office (FFEO),
Office of Enforcement and Compliance Assurance at EPA-HQ. Periodic
progress meetings are held between DOE and EPA FFEO. Several proposals
to advance efforts under the UE -TSCA-FFCA have been proposed by DOE-HQ
and accepted by EPA-HQ.
In a separate effort, DOE-HQ, the Department of the Navy and EPA-HQ are
pursuing a national FFCA, which would cover solely the issue of storage
of PCB wastes at DOE facilities for periods longer than 1 year. The
agreement would cover all DOE facilities nationwide but would not
address particular issues as does the UE-TSCA-FFCA, or as will the
ORR-PCB-FFCA. ORR will be a party to this national agreement until the
signing of the ORR-PCB-FFCA. The national agreement was signed by DOE-HQ
and the navy, but the EPA General Counsel has requested minor changes
before it recommends signing the agreement. It is anticipated that this
agreement will be signed in the near future.
Progress is being made through ongoing cleanup efforts for remediation
of these sites. Several historic spill sites and some historically
contaminated equipment have been decontaminated at the ORR through use
of innovative cleanup technologies. ORNL and the Y-12 Plant have
undertaken R&D projects to
develop alternative cleanup technologies. These projects are approved
under TSCA by EPA Region 4.
In February 1993, DOE submitted an updated list of PCB compliance issues
to EPA Region 4 for consideration in developing the ORR-PCB-FFCA.
Among these was a request to extend the current ORR-PCB-FFCA allowance
to store radioactive PCB wastes for periods exceeding 1 year to all
such wastes stored by the three ORR facilities. In addition to the lack
of available disposal methods, concern over the potential for even small
amounts of radioactive waste to be shipped off site for disposal has
prompted DOE to mandate a self-imposed moratorium on the shipment of
waste for off-site disposal pending development of procedures to ensure
that no radioactive material is shipped. The K-25 Site TSCA
Incinerator is the only facility in the nation permitted to incinerate
RCRA/PCB/radioactive waste.
Various difficulties arise in meeting the storage requirements of the
PCB regulations because of the unique character and large volume of PCB
wastes generated on the ORR. One of the most significant difficulties is
the necessity of storing some radioactive PCB wastes in specifically
shaped containers because of criticality safety concerns and in areas
not meeting PCB regulatory secondary containment requirements. Another
storage concern is that large items, such as ventilation duct systems,
cannot be placed into containers. Storage concerns of this nature are
addressed under the UE -PCB-FFCA and the proposed ORR-PCB-FFCA.
The Y-12 Plant, the K-25 Site, and ORNL maintain procedures
for the storage, application, and disposition of pesticides. Individuals
responsible for the application of FIFRA materials are certified by the
Tennessee Department of Agriculture. If a pesticide can be used
according to directions without unreasonable adverse effects on the
environment or applicator (i.e., if no special training is
required), it is classified for general use. A pesticide that can harm
the environment or injure the applicator even when being used according
to directions is classified for restricted use. No restricted-use
pesticide products are used at the K-25 Site or at ORNL.
Safrotinreg, used for the control of cockroaches, is the only
restricted-use pesticide stored and used both at the Y-12 Plant and
ORNL. To date, no purchases of this restricted-use material have been
made since August 1993, and efforts for substitution are under way
at the Y-12 Plant. An inventory of pesticide products is maintained
for use at each facility. It is site policy to store, apply, and dispose
of these products in a manner that ensures full compliance with FIFRA
requirements.
The ORR had 21 releases subject to Section 304 notification
requirements during 1995. The Section 311 lists are updated
frequently and are provided to the appropriate officials. The
Section 312 inventories for 1995 identified 62 hazardous chemicals,
documented their locations, and summarized the hazards associated with
them. Of these Section 312 chemicals, 43 were located at the
Y-12 Plant, 30 at ORNL, and 17 at the K-25 Site.
Under Section 313, five toxic chemicals were reported for 1995.
Release data for 1994 and 1995 are summarized in Table 2.7.
Compared with 1994 releases, there was a 40% reduction in total
reportable toxic-chemical releases in 1995.
During 1995, Y-12 Plant staff reported 14 CERCLA RQ releases
to federal and state agencies. All were ethylene glycol (antifreeze)
releases within the Y-12 Plant, predominantly caused by government
vehicles with either overfilled radiators or ruptured radiator hoses. On
July 12, 1995, EPA raised the reportable threshold for ethylene
glycol from 1 pound to 5,000 pounds. Because all of the
antifreeze releases were considerably below the new threshold value, the
reporting burden has been greatly reduced.
The National Response Center and the Tennessee Emergency Management
Agency (TEMA) were also
notified of two incidents that involved oil sheens observed on EFPC.
During 1995 ORNL reported one incident involving an oil sheen on Melton
Hill Lake. NRC and TEMA were
notified.
In 1995 two releases occurred at the K-25 Site that required
notification of the National Response Center or TEMA. These included the
discovery of asbestos-containing material on the ground and the presence
of an oil sheen on Mitchell Branch.
In 1995 DOE implemented
Standards/Requirements Identification Documents
(S/RIDs), which include all
federal, state, and local requirements applicable to the
Y-12 Plant, K-25 Site, and
ORNL. The S/RIDs include
mandatory contractor requirements from the DOE orders of primary
interest to the Defense Nuclear Facilities Safety Board
(DNFSB). The S/RIDs covering
all environment-, safety-, and health-related activities were included
in the DOE contracts for
Energy Systems
and LMER in
October 1995 and January 1996, respectively. This change
established the S/RIDs as the contractual set of environment, safety,
and health (ES&H)
requirements rather than DOE orders.
An effort is planned for 1996 by
LMES to incorporate new
ES&H orders and rules into the S/RIDs as they are issued. The
S/RIDs will also be evaluated to determine the cost benefit of
individual requirements. If the requirements do not result in added
value in the protection of ES&H, or if they do not apply to current
operations, they may be deleted from the S/RIDs system if approved by
DOE. Thus, the S/RIDs system is designed to reflect changing regulatory
and operational conditions.
In 1996 LMER and DOE will undergo the ``Necessary and Sufficient''
process for ES&H. Standards identified during this process will
replace the S/RIDs for ORNL.
Reports include the 5-year plan required by Office of Management and
Budget Circular A-106, the Annual Site Environmental Report, and
reports of significant nonroutine releases of hazardous substances
consistent with DOE Order 5000.3B, ``Occurrence Reporting and
Processing of Operations Information.'' An Environmental Protection
Program Implementation Plan
(EPIP) is required and is
updated annually. The document serves to define specific environmental
objectives, including the means and schedules for accomplishment during
the year. The EPIPs for the Y-12 Plant and the K-25 Site were
reissued in November 1995. In agreement with the ORNL DOE
contracting officer's representative, the ORNL EPIP will be revised, if
required, to reflect new contractual obligations.
An environmental monitoring plan is to be prepared, reviewed annually,
and updated every 3 years or as needed. The Environmental
Monitoring Plan for the ORR
was released by DOE in September 1992. The plan provides a single
point of reference for the effluent monitoring and environmental
surveillance programs of the Y-12 Plant, ORNL, the K-25 Site,
and ORR areas outside specific facility boundaries. The annual review
identified the need to update the plan. A revised document was issued as
a controlled document in May 1995. The three ORR sites are in
compliance with DOE Order 5400.1. Selected requirements
demonstrating compliance follow.
A central Pollution Prevention Information Management System has been
created to integrate and synthesize information collected from tracking
systems which have been developed at all three sites to track pollution
prevention progress. Pollution prevention councils have been established
at all three sites, with representation from each of the site
organizations. The councils exchange information to promote pollution
prevention activities. Responsibilities within the divisions at each
site include the development of pollution prevention goals and
implementation of programs and activities necessary to reduce both the
amount and the toxicity of waste and environmental pollutants,
communication of Energy Systems pollution prevention goals,
documentation and communication of progress made toward implementation,
and promotion of employee awareness.
During 1995, a great deal of effort was spent to identify pollution
prevention opportunities and implement pollution prevention projects.
Several source-reduction and recycling projects were completed. Projects
include facility-specific activities as well as programmatic activities.
Table 2.8 summarizes the results of selected recycling activities on the ORR
during the past 5 years.
Three mechanisms have been developed and employed to fund pollution
prevention implementation projects. Project proposals are submitted to
the pollution prevention program. The proposals are evaluated and
submitted to one of three funding avenues: (1) DOE hazard quotient
(HQ)-funded high return on
investment (ROI), (2) the
reservation-funded High Investment Value
(HiVal) System, or
(3) the site-funded generator set-aside program. The generator
set-aside fund is the newest funding mechanism; it taxes generated
waste. The tax is accumulated for funding implementation projects.
Additional well installation and groundwater monitoring activities
continued through 1994 in support of the Y-12 Plant
UST Program and of the
construction and permitting of new industrial landfills to serve the
reservation.
Exit-pathway monitoring was initiated at ORNL in 1993. The program
monitors groundwater and streams at four general locations that are
thought to be likely exit pathways for ORNL groundwater. The ORNL
WAG perimeter monitoring
network includes perimeter wells at ten WAGs.
Exit-pathway monitoring at the K-25 Site is conducted at locations
where groundwater flowing from relatively large areas converges before
discharging to surface water locations. The exit-pathway monitoring of
groundwater quality in both the unconsolidated zone and the bedrock is
supported by surface water monitoring at three convergence points.
During 1995 groundwater samples from the eight-well perimeter
groundwater surveillance network were collected under wet-season
(February to April) and dry-season (September to October) conditions.
Micropurging and low-flow sampling procedures were used.
An off-site residential drinking water quality monitoring program has
been conducted since 1989. The objective of the program is to document
water quality from groundwater sources near the ORR and to monitor the
potential impact of DOE-ORO
operations on the quality of these groundwater sources. Currently,
sixteen wells and three springs are included in the program; these sites
were selected on the basis of their proximity to the ORR and a
representative distribution of sources from the different geologic
formations of the area. The wells are sampled semiannually, and results
are provided in individual reports to the well owners. In past years, no
contaminant movement to these off-site locations has been indicated, and
the results from sampling in 1995 continue to support this.
The 1995 annual TDEC
RCRA groundwater compliance
evaluation inspections were conducted in January and December at the
Y-12 Plant and in October at ORNL. No findings or recommendations
were issued as a result of the inspections.
ORNL manages TRU waste and
LLW. Radioactive waste
management activities at both the K-25 Site and Y-12 Plant are
primarily related to LLW. Although material contaminated with TRU
elements exists on the K-25 Site, the concentrations are less than
the limits for TRU waste.
Numerous appraisals, surveillances, and audits of the
ORR environmental activities
occurred during 1995 (see Tables 2.9,
2.10,
and 2.11).
These tables do not include internal
Energy Systems
and Lockheed Martin corporate assessments.
Table 2.13
contains a summary of environmental permits for the three
ORR sites.
One new notice of violation
(NOV) was received by the
Y-12 Plant on November 14, 1995. The NOV was from the city of
Oak Ridge for releases that exceed permit levels into the sanitary
sewer.
DOE received two notices of
noncompliance (NONs) from
TDEC in 1995 for violations
of its NPDES Permit at
ORNL. One NON was received
March 29 for iron and total-suspended-solids excursions. A second
was received July 31 for fecal coliform and total-suspended-solids
excursions. On December 13, 1995, ORNL received an NOV from the
Division of Water Pollution Control for a wetland alteration that
occurred adjacent to Mitchell Branch during the Pine Beetle
Reforestation Project.
The K-25 Site received one NOV for two noncompliances at the K-1203
sewage treatment facility. The noncompliances occurred by exceeding
effluent limitations for biochemical oxygen demand and total residual
chlorine. On February 16 the total residual chlorine value for the
sewage treatment plant was reported at 0.53 mg/L, which exceeded
the daily maximum permit limit of 0.24 mg/L. A review of operators' logs
and procedures revealed that operations were conducted in accordance
with the procedures. Additionally, the sewage treatment plant is
equipped with an in-line continuous chlorine monitor. The maximum total
residual chlorine concentration recorded on that day was 0.12 mg/L,
which is well within permit limits. On February 22 the biological
oxygen demand (BOD) result of
31.9 mg/L exceeded the daily maximum permit limit of 20 mg/L. Site
activities were examined, as were the raw materials and resultant wastes
that could possibly have influenced the BOD. No activities out of the
routine were being conducted before the event.
Friends of the Earth made a request for production of documents, which
were provided by DOE. The complaint was amended to add another
environmental group and several individuals as plaintiffs to the
lawsuit. Friends of the Earth took depositions in August 1993, and
toured the facility with their expert witness in October 1993.
In October 1992, Friends of the Earth filed a motion for summary
judgment with the court. In January 1993 DOE and the U.S. Department of
Justice filed a cross-motion for denial of summary judgment. A hearing
was held in Federal District Court in Knoxville, Tennessee, in May 1993.
At that time, the court ordered the parties to prepare charts or tables
summarizing the parties' positions regarding the number and extent of
the alleged violations of the NPDES permits and the corrective actions
taken, planned, or requested. The parties have complied with this order.
Oral arguments on the issues were held in March 1995, in Knoxville.
At the time of this writing, a decision has not been issued by the
court.
In October 1993, the K-25 Site received a partial lifting of the
moratorium for wastes composed of solid materials that do not have the
potential for bulk contamination. The K-25 Site moratorium
continues to remain in effect for hazardous/toxic wastes that are not
solid materials (because of the potential for bulk contamination) until
such time as DOE develops generic criteria for bulk contamination
release. Off-site shipments of solid, hazardous/toxic wastes resumed at
the K-25 Site following DOE's issuance of the partial lifting.
The moratorium at the Y-12 Plant was fully lifted by DOE in
January 1994. The Y-12 Plant resumed off-site shipment activities
for hazardous/toxic wastes following the lifting of the site
moratorium.
In November 1994, ORNL received a partial lifting of the moratorium for
wastes composed of solid materials that do not have the potential for
bulk contamination. The ORNL moratorium continues to remain in effect
for hazardous/toxic wastes that are not solid materials (because of the
potential for bulk contamination) until such time as DOE develops
generic criteria for bulk contamination release. ORNL resumed activities
for the off-site shipment of solid, hazardous/toxic wastes following
DOE's issuance of the partial lifting.
TDEC is the lead Tennessee
state agency for implementation of the agreement. TDEC has established
the Tennessee Department of Environment and Conservation/DOE Oversight
Division (TDEC/DOE-OD),
located in the city of Oak Ridge. TDEC has entered into contracts with
various state and local agencies to support oversight activities.
Contracts have been signed with Tennessee Wildlife Resources Agency
(TWRA) for fish and wildlife
monitoring activities, with
TEMA for emergency management
support, and with the Local Oversight Committee for assistance in
achieving a better public understanding of the issues and activities on
the ORR.
A DOE-Tennessee Oversight Agreement
(TOA) steering committee
composed of site and major program representatives has been established
to coordinate implementation of the TOA and to promote consistency in
its implementation across the ORR.
Energy Systems,
LMER, and other selected DOE prime contractors have established internal
organizations, including the designation of TOA coordinators to
facilitate implementation of the agreement.
To date, a variety of activities have been conducted under the
agreement. DOE has provided security clearances and training necessary
for state employees to gain access to the sites. Environmental data and
documents pertaining to the environmental management, ER, and emergency
management programs are being provided or made available to the state
for their review. TDEC/DOE-OD routinely visits the three DOE sites to
attend formal meetings and briefings, to conduct walk throughs of
buildings and grounds, or to conduct observations of site operations to
assess compliance with environmental regulations. During CY 1995,
TDEC/DOE-OD continued its Facility Survey Program by conducting 34
walk-through assessments of buildings on the ORR. The goal of this
program is to provide an independent evaluation of the conditions of
facilities on the ORR which can be used to support risk assessment.
TDEC/DOE-OD has also initiated an environmental monitoring and sampling
program. In December 1994, TDEC/DOE-OD made its CY 1995 Environmental
Monitoring Plan available to DOE. The plan addressed the state's
intentions in the areas of sampling, site audits and inspections, review
of sampling and analysis of data generated by DOE, review of plans, and
oversight. Through these activities, the state intends to characterize
and monitor chemical and radiological emissions in the air, water, and
soil both on and off the ORR. Of particular note of CY 1995
activities, in the second quarter TDEC/DOE-OD initiated an environmental
thermoluminescent dosimeter
(TLD) program. TLDs were
placed at various locations at each site on the ORR and are replaced on
a quarterly basis. On April 1, 1996, TDEC/DOE-OD published an
environmental monitoring report of its CY-1995 activities.
In May 1995, the state and DOE began discussion on a 5-year renewal of
the current agreement. It is expected that the new agreement will be
signed in CY 1996.
2.2.2 RCRA/CERCLA Integration
The CERCLA and RCRA corrective action processes are similar. Each
process has four steps with similar purposes (Table 2.1).
2.2.3 Comprehensive Environmental Response, Compensation, and Liability Act
CERCLA, also known as Superfund, was passed in 1980 and was amended in
1986 with passage of the Superfund Amendments and Reauthorization Act
(SARA). Unlike the other
basic regulatory programs summarized in this chapter [such as RCRA or
the Clean Water Act (CWA )],
CERCLA is a process to respond to environmental problems using other
environmental laws and standards to guide the response action. Under
CERCLA, abandoned or uncontrolled hazardous waste sites where a release
has occurred or may occur are investigated, and a site is remediated if
it poses significant risk to health or the environment. CERCLA requires
that EPA place sites needing CERCLA response on the National Priorities
List (NPL). The ORR was placed
on the NPL in December 1989. In September 1995 DOE issued a
revision to the Oak Ridge Reservation Site Management Plan for the
Environmental Restoration Program
(DOE 1995
). The plan represents the DOE approach to satisfying the requirements
of CERCLA under the FFA and completing the remediation of the ORR.2.2.4 Federal Facilities Compliance Act
The Federal Facilities Compliance Act was signed on October 6,
1992, to bring federal facilities (including those under DOE) into full
compliance with RCRA. The act waives the government's sovereign
immunity, allowing fines and penalties to be imposed for RCRA violations
at DOE facilities. In addition, the act requires that DOE facilities
provide comprehensive data to EPA and state regulatory agencies on
mixed-waste inventories, treatment capacities, and treatment plans for
each site. The act ensures that the public will be informed of
waste-treatment options and encourages active public participation in
the decisions affecting federal facilities. TDEC is the authorized
regulatory agency under the act for the DOE facilities in the state of
Tennessee.2.2.5 Underground Storage Tanks
UST Program personnel ensure that all active tank and piping systems are
in compliance with applicable performance requirements
(Subtitle I). These requirements apply to hardware and equipment
installed for leak detection, corrosion protection, and spill/overfill
prevention. New UST systems (installed after December 22, 1988)
must have these features incorporated at the time of installation.
Existing UST systems (installed before December 22, 1988) must be
upgraded, either by replacement or retrofit, to meet these same
performance requirements. UST systems that are not in compliance and
will not be upgraded by December 22, 1998, must be permanently
closed. Depending on the confirmation of a release, a UST closure can
necessitate an environmental assessment of a particular site and a
subsequent corrective action.2.2.6 National Environmental Policy Act
The National Environmental Policy Act
(NEPA) provides a means to
evaluate the potential environmental impact of proposed federal
activities and to examine alternatives to those actions. Table 2.3 notes the types of NEPA activities conducted at the ORR during
1995.
2.2.6.1 National Historic Preservation Act
Section 106 of the National Historic Preservation Act
(NHPA) requires that federal
agencies to take into account the effects of their undertakings on
properties included in or eligible for inclusion in the National
Register of Historic Places (National Register)
. To comply with Section 106 of the NHPA, and its implementing
regulations at 36 CFR 800,
DOE-ORO has seen to the
ratification of a programmatic agreement among DOE-ORO, the Tennessee
state historic preservation officer
(SHPO), and the Advisory
Council on Historic Preservation concerning management of historical and
cultural properties on the ORR. The programmatic agreement, ratified on
May 6, 1994, outlines DOE-ORO's plan for the management of cultural
and historical properties on the ORR. The programmatic agreement
stipulates that DOE-ORO will prepare a cultural resource management plan
(CRMP) for the ORR and will
provide a draft of the CRMP to the Tennessee SHPO and Advisory Council
on Historic Preservation within 24 months of the ratification of
the agreement. The agreement also stipulates that DOE-ORO will conduct
surveys to identify significant historical properties within the ORR. A
draft outline of the CRMP has been completed and is currently being
reviewed for submission to the SHPO.2.2.6.2 Protection of Wetlands
Executive Order 11990 (issued in 1977) was established to mitigate
adverse effects to wetlands caused by destruction or modification of
wetlands and to avoid new construction in wetlands wherever possible.
Protective buffer zones and application of best management practices are
required for activities on the ORR. Avoidance of these effects is
ensured through implementation of the sensitive-resource analysis
conducted as part of the NEPA review process. Coordination with the U.S.
Army Corps of Engineers and
TVA is necessary for
activities in waters of the United States, which include wetlands and
floodplains. This is also true for the state and waters of the state.
Generally, this coordination results in permits from the Corps of
Engineers, TVA, and/or the state.2.2.6.3 Floodplains Management
Executive Order 11988 (issued in 1977) was established to require
federal agencies to avoid to the extent possible adverse impacts
associated with the occupancy and modification of floodplains and to
avoid direct or indirect support of floodplain development wherever
there is a practicable alternative. Agencies must determine whether a
floodplain is present that may be affected by an action, assess the
impacts on such, and consider alternatives to the action. The executive
order requires that provisions for early public review and measures for
minimizing harm be included in any plans for actions that might occur in
the floodplain. Floodplain assessments and the associated notices of
involvement and statement of findings are prepared in accordance with
10 CFR 1022, as part of the NEPA review and documentation
process. 2.2.6.4 Plant and Animal Species of Concern
Good stewardship as well as state and federal laws dictate that animal
and plant species of concern be considered when a proposed project has
the potential to alter their habitat or otherwise harm them. At the
federal level, such species are classified as endangered, threatened, or
species of concern; at the state level, species are considered
endangered, threatened, or special concern
(plants)/in-need-of-management (animals). All such species are termed
threatened and endangered
(T&E) species in this
report Threatened and Endangered Animals
Listed animal species known to be currently present on the reservation
(excluding the Clinch River bordering the reservation) are given along
with their status in Table 2.4.
Other listed species may also be present, although they have not been
observed recently. These include several species of mollusks (such as
the spiny riversnail), amphibians (such as the hellbender), birds (such
as Bachman's sparrow), and mammals (such as the smoky shrew). In
particular, the reservation has not been sampled extensively for the
several listed bat and amphibian species that may be present. The only
federally listed animal species that have been recently observed (the
gray bat, bald eagle, and peregrine falcon) are represented by one to
several migratory or transient individuals rather than by permanent
residents, although this situation may change as these species continue
to recover. Similarly, several state-listed bird species, such as the
anhinga, olive-sided flycatcher, sandhill crane, double-crested
cormorant, and little blue heron are currently uncommon migrants or
visitors to the reservation. Others, such as the cerulean warbler,
northern harrier, great egret, and yellow-bellied sapsucker, are common
migrants or winter residents that do not nest on the reservation. Threatened and Endangered Plants
No federally listed plant species are currently known to occur on the
ORR. Twenty-four plant species currently known to occur on the ORR are
listed by the state of Tennessee, including the fen orchid, pink lady's
slipper, and Canada lily (Table 2.5).
Four species (spreading false foxglove, Appalachian bugbane, tall
larkspur, and butternut) have been under review for listing at the
federal level and were listed under the formerly used ``C2'' candidate
designation. Current information is insufficient to determine whether
these species may be appropriate for federal listing.2.2.6.5 Environmental Justice
On February 11, 1994, President Clinton promulgated Executive
Order 12898, ``Federal Actions To Address Environmental Justice in
Minority Populations and Low-Income Populations.'' The executive order
requires that federal actions not have the effect of excluding, denying,
or discriminating on the basis of race, color, national origin, or
income level. DOE and Energy Systems are continuing to work with EPA and
other stakeholders to ensure that environmental justice issues are
addressed when federal actions are taken on the ORR.2.2.7 Safe Drinking Water Act
The Safe Drinking Water Act
(SDWA) of 1974 is an
environmental statute for the protection of drinking-water sources. The
act requires EPA to establish primary drinking water regulations for
contaminants that may cause adverse public health effects. Although many
of the requirements of the SDWA apply to public water supply systems,
Section 1447 states that each federal agency having jurisdiction
over a federally owned or maintained public water system must comply
with all federal, state, and local requirements regarding the provision
of safe drinking water. Because the systems that supply drinking water
to the ORR are DOE-owned, the requirements of Section 1447 apply. A
second provision of the SDWA requires individual states to establish
programs to prevent contamination of underground sources of drinking
water by underground injection of hazardous waste.2.2.8 Clean Water Act
The CWA was originally enacted as the Water Pollution Control Act in
1948, then later established as the Federal Water Pollution Control Act
in 1972. Since that time the CWA has been subject to two major
amendments. The objective of the CWA is to restore and maintain the
chemical, physical, and biological integrity of the nation's waters.
With continued amendments, the CWA has established a comprehensive
federal and state program to protect the nation's waters from
pollutants. A third round of amendments is being considered by
Congress.2.2.8.1 National Pollutant Discharge Elimination
System
One of the strategies developed to achieve the goals of the CWA was the
establishment by the EPA of specific pollutant limits that are allowed
to be discharged to waters of the United States by municipal sewage
treatment plants and industrial facilities. In 1972, the EPA established
the National Pollutant Discharge Elimination System
(NPDES) permitting program
to regulate compliance with these pollutant limitations. The program was
designed to protect surface waters by limiting effluent discharges into
streams, reservoirs, wetlands, and other surface waters.2.2.8.2 Status of NPDES Permits
TDEC issued a new NPDES permit for the Y-12 Plant on April 28,
1995; it became effective on July 1. The previous Y-12 Plant
NPDES permit (TN0002968) expired on May 23, 1990. The plant
continued to operate through the first half of 1995 under the expired
permit pending issuance of a new permit by TDEC, as provided in
Tennessee Regulation 1200-4-1.05(5)(b). In May, the Y-12 Plant
appealed two provisions of the permit: the biomonitoring limitations
placed on East Fork Poplar Creek
(EFPC) Outfall Point 201
and the mercury limitations at Monitoring Station 17. These limits
are stayed while resolution of both issues is being sought by personnel
from the Y-12 Plant and TDEC. The new permit addresses revisions
that were in the renewal application, such as some previously unlisted
miscellaneous outfalls. In addition, it requires that storm water
characterizations be made at selected monitoring locations in accordance
with the Y-12 Plant Storm Water Pollution Prevention Plan, which
was submitted to TDEC during 1995. Other documents submitted to TDEC
in accordance to the new NPDES permit include the revised Radiological
Monitoring Plan, the Biological Monitoring and Abatement Program
(BMAP) Plan, and a report on
the analysis of fecal coliform bacteria levels at selected storm water
monitoring points.2.2.8.3 Sanitary Wastewater
The CWA includes pretreatment regulations for publicly owned treatment
works (POTW). Sanitary
wastewater for the Y-12 Plant is discharged to the city of Oak
Ridge under an industrial and commercial user permit. The city of Oak
Ridge staff performed their annual sanitary sewer compliance inspection
on March 14, 1995, and October 16, 1995. No deficiencies of
the Y-12 Plant Sanitary Sewer Compliance Program were noted during
the inspections.2.2.8.4 Aquatic Resources Protection
The U.S. Army Corps of Engineers, TVA, and TDEC conduct permitting
programs for projects and activities with the potential to affect
aquatic resources, including navigable waters, surface waters (including
tributaries), and wetlands. These are the Corps of Engineers
Section 404 dredge-and-fill permits, TDEC Aquatic Resources
Alteration Permits (ARAPs),
and TVA 26a approvals. (See ``Environmental Permits'' section for
ARAP permits.)2.2.8.5 Oil Pollution Prevention
Section 311 of the CWA regulates the discharges of oils or
petroleum products to waters of the United States and requires the
development and implementation of a Spill Prevention Control and
Countermeasures Plan (SPCC )
to minimize the potential for oil discharges. Currently, each facility
implements a site-specific SPCC plan. This section was then
significantly amended by the Oil Pollution Act of 1990, which has as its
primary objective the improvement of responses to oil spills.2.2.9 Clean Air Act
Authority for enforcement of the Clean Air Act
(CAA) is shared between TDEC
for nonradioactive emission sources and EPA for radioactive emission
sources. EPA also enforces rules issued pursuant to the 1990 CAA
Amendment, Title VI-Stratospheric Ozone Protection.2.2.9.1 General CAA Compliance
CAA compliance is an integral part of the TDEC air permit program, in
which all three ORR facilities participate. Each site complies with all
federal air regulations in addition to any air-permit conditions. Hoods
at ORISE facilities are exempt from permitting requirements under the
ORR laboratory equipment exemption and TDEC approval for exempt sources
that handle negligible quantities of carcinogens and radiological
materials.2.2.9.2 Compliance with 1990 CAA Amendments
An increasing number of the new CAA amendment rules have application at
all three ORR facilities. Regarding Title VI-Stratospheric Ozone
Protection, compliance activities have included compliance with the
final refrigerant-recycling rules that require the purchase and use of
certified refrigerant recovery and recycling equipment. EPA granted a
provision that allows removal of leaking refrigerant systems instead of
retrofitting or replacing them, as had been required. The EPA provision
came in response to comments from DOE-ORO concerning EPA rules. This
additional provision to the refrigerant-leak repair rules will allow
avoiding unnecessary repairs to equipment. Compliance requirements for
refrigeration-system and motor vehicle air-conditioner maintenance are
being met. Recommendations were made for refrigeration-system
replacements or performing the necessary modifications to plant
refrigeration equipment to accommodate the production ban on
ozone-depleting chemicals.2.2.9.3 National Emission Standards for Hazardous Air
Pollutants for Radionuclides
Compliance with the Rad-National Emission Standards for Hazardous Air
Pollutants (Rad-NESHAP)
dose limit of 10 mrem/year to the maximum exposed individual of the
public was demonstrated by modeling emissions from major and minor point
sources during periods of operation. The annual off-site dose to the
most-exposed member of the public for the ORR was 0.5 mrem in
1995, which is below the Rad-NESHAP compliance limit of 10 mrem.2.2.9.4 NESHAP for Asbestos
The ORR facilities have numerous buildings and equipment that contain
asbestos materials. The compliance program for asbestos management
includes demolition and renovation inspections, identification,
monitoring, abatement, and disposal of asbestos materials. One asbestos
release of a reportable quantity was identified at the K-25 Site in
1995. The release occurred when 4.95 lb of asbestos dropped from an
inactive steam line to the ground. No reportable quantities were
reported at the Y-12 Plant or ORNL.2.2.9.5 Other NESHAPs
The Y-12 Plant is subject to a
NESHAP rule for machining
beryllium. The Y-12 Plant currently monitors four stacks that serve
beryllium machining and handling areas to demonstrate compliance with
the 10 g/day emission limit. In 1995, measured stack emission rates
at the Y-12 Plant were less than 0.005 g/day. The total
emitted for 1995 was \math{<}1 g. The K-25 Site TSCA
Incinerator is also subject to the NESHAP rule for incinerators that
process beryllium. The current permitted emission limit for beryllium is
\math{<}1 g/day, which is well below the NESHAP limit of
10 g/day. EPA is currently developing other NESHAP standards,
pursuant to the CAA amendments of 1990. These standards will be
evaluated as they are proposed and promulgated.2.2.9.6 State-Issued Air Permits
The Y-12 Plant has 56 active air permits covering 334 air
emission points. There are 166 documented exempt minor sources and
284 exempt minor emission points.2.2.10 Toxic Substances Control Act
TSCA regulates the manufacture, processing, distribution in commerce,
use, and disposal of chemical substances and mixtures that may present
an unreasonable risk of injury to human health or the environment. TSCA
gives EPA comprehensive authority to identify and control chemical
substances manufactured, processed, distributed in commerce, and used
within the United States. EPA imposes strict information-gathering
requirements of both new and existing chemical substances. The statute
is also unique in that it imposes specific requirements related to
individual chemical substances, including polychlorinated biphenyls
(PCBs).2.2.10.1 Polychlorinated Biphyenyls
TSCA specifically banned the manufacture, processing, and distribution
in commerce of PCBs but authorized the continued use of some existing
PCBs and PCB equipment. TSCA also imposed marking, storage, and disposal
requirements for PCBs. 40 CFR 761 is the codified regulation
mandated by TSCA and regulated by EPA. The state of Tennessee restricts
PCBs from disposal in landfills and classifies PCBs as special wastes
under the Tennessee solid waste regulations. A special waste exemption
is required from the state of Tennessee to dispose of PCB s in
landfills. Additionally, PCB discharges into waterways are restricted by
the state-regulated CWA and NPDES programs.2.2.10.2 Authorized and Unauthorized Uses
In the 50-year history of ORR facilities, a variety of PCB systems and
equipment have been in service. Many of the systems and equipment were
industry standards, and their continued use was authorized under the
1979 PCB regulations. Systems that were authorized include transformers,
capacitors, other electrical-distribution equipment, heat-transfer
systems, and hydraulic systems. The vast majority of PCBs have been
phased out at ORR. The small amount of PCBs remaining in service in PCB
light ballasts are being replaced by non-PCB ballasts during the course
of normal maintenance. A few transformers containing PCBs remain in
service, but they are either being retrofitted by replacing PCB fluid
with non-PCB dielectric fluid to reduce the PCB concentration to below
regulated limits, or they are being removed from service altogether.2.2.10.3 Compliance Agreements
In addition to unauthorized uses, a variety of PCB compliance issues at
the ORR are being addressed in the ORR-PCB-FFCA negotiations: PCB
spills, storage and disposal, remediation of hydraulic and heat-transfer
systems, decontamination of equipment, management of PCBs in the
laboratory, and others. A final draft of the agreement was routed for
concurrence within both DOE and EPA at both the headquarters level and
within ORO and EPA Region 4. Generally, the draft agreement has
been well received. The language of the final draft is undergoing some
fine tuning based on comments from U.S. Environmental Protection Agency
Headquarters (EPA-HQ), U.S.
Department of Energy Headquarters
(DOE-HQ), and the EPA
Region 4 Office of Regional Counsel. Once the final adjustments are
made to the language of the agreement, it will be sent for signatures to
the DOE-ORO manager and the EPA Region 4 Administrator.2.2.10.4 Historic PCB Spills
Various locations within the facilities where PCB equipment was used
have been identified as sites of historic PCB contamination. These sites
resulted from PCB spills occurring throughout the history of the
reservation, many of which occurred before regulation. K-25 Site
historic PCB spill sites are addressed in the UE-PCB-FFCA and are to
receive cleanup or remediation as required by the agreement. Spill sites
at the Y-12 Plant and ORNL will be addressed in the UE-PCB-FFCA.2.2.10.5 Storage and Disposal of Radioactive PCB
Wastes
The PCB regulations require that PCB wastes be disposed of within
1 year of being removed from service. Because of a lack of
available disposal methods for radioactive PCB wastes, these wastes
are stored at the K-25 Site, Y-12 Plant, and ORNL for periods
exceeding 1 year. The UE-PCB-FFCA allows the K-25 Site to
store such wastes generated by the K-25 Site for periods exceeding
1 year. Radioactive PCB wastes older than 1 year generated by
other DOE facilities, particularly the Y-12 Plant and ORNL, are
also stored at the K-25 Site.2.2.10.6 K-25 Site TSCA Incinerator PCB Disposal
Approval
The K-25 Site TSCA Incinerator is currently operating under an
extension of EPA Region 4 approval granted on March 20, 1989.
This extension is based on submittal of a reapplication for PCB disposal
approval filed with EPA Region 4 on December 20, 1991, which
was within the time frame allowed for reapplication. Minor amendments,
updates, and corrections to the reapplication identified by DOE have
been made in the interim and have been submitted to EPA. EPA
Region 4 has been making some minor progress toward renewal of the
PCB incineration approval, but reapproval is not anticipated until late
1997 or 1998. The renewal application is being coordinated with the TDEC
renewal of the hazardous waste incineration permit to better facilitate
public participation.2.2.10.7 PCB Research and Development Permits
EPA Region 4 has granted ORNL authorization to conduct R&D
projects on stabilization/solidification techniques,
base-catalyzed/reductive-catalyzed procedures, and a
microorganism-catalyzed procedure for the treatment of PCB-contaminated
materials. Currently active research projects include the
reductive-catalyzed work in the ORNL Environmental Sciences Division and
the microorganism-catalyzed work in the ORNL Chemical Technology
Division. Upon submittal of a formal R&D application and EPA
Region 4 concurrence, additional work in the Environmental Sciences
Division using a chemical dechlorination technique will start. These
research projects as well as proposed projects may provide a route for
DOE to meet the requirements of the ORR-PCB-FFCA between EPA and DOE.2.2.11 Federal Insecticide, Fungicide, and Rodenticide Act
The Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA) governs the sale and
use of pesticides and requires that all pesticide products be registered
by EPA before they may be sold. The regulations for the application,
storage, and disposal of pesticides are presented in
40 CFR 150-189.2.2.12 Emergency Planning and Community Right-To-Know Act
The Emergency Planning and Community Right-To-Know Act
(EPCRA), also referred to as
SARA Title III, requires reporting of emergency planning
information, hazardous chemical inventories, and environmental releases
to federal, state, and local authorities. The ongoing requirements of
EPCRA are contained in Sections 302, 303, 304, 311, 312,
and 313 (Table 2.6).
2.2.13 Environmental Occurrences
CERCLA requires notification of the National Response Center if a
nonpermitted release of a reportable quantity
(RQ) or more of a hazardous
substance (including radionuclides) is released to the environment
within a 24-hour period. The CWA requires that the National
Response Center be notified if an oil spill causes a sheen on navigable
waters, such as rivers, lakes, or streams. When notified, the National
Response Center alerts federal, state, and local regulatory emergency
organizations so they can determine whether government response is
appropriate.2.3.1 DOE Order 5400.1, General Environmental Protection Program
DOE Order 5400.1 establishes environmental protection program
requirements, authorities, and responsibilities for DOE operations to
ensure compliance with applicable federal, state, and local
environmental protection laws and regulations, executive orders, and
internal DOE policies. The order specifically defines the mandatory
environmental protection standards (including those imposed by federal
and state statutes), establishes reporting of environmental occurrences
and periodic routine significant environmental protection information,
and provides requirements and guidance for environmental monitoring
programs. Implementation of the order is provided by specific program
plans, as detailed in Chapter III of the order. The internal
environmental protection programs mandate the creation of several
environmental reports.2.3.1.1 Pollution Prevention/Waste
Minimization
The fundamental ORR Pollution Prevention function is to implement
projects that result in the creation of less waste. This fundamental
function is supported by three ancillary activities: (1) providing
technical assistance (identifying and justifying opportunities for
projects); (2) developing the overall program (awareness
activities, planning, budgeting, reporting); and (3) administering
the program (interfacing and communicating with site generator
organizations, DOE, and outside organizations).2.3.1.2 Groundwater
The hydrogeologic system at the Y-12 Plant has been divided into
three hydrogeologic regimes based on topography and surface water and
groundwater flow patterns. An exit-pathway well network, as required by
DOE Order 5400.1, has been completed to monitor flow from each
hydrogeologic regime at Y-12 Plant. Water quality data from the
exit-pathway wells at the east end of the Y-12 Plant indicate the
volatile organic compounds
(VOCs) carbon tetrachloride
and tetrachlorethane, common industrial solvents previously used in
large quantities at the Y-12 Plant, are being transported off the
ORR through the Maynardville Limestone at depths of 100 to 300 ft.
Property owners in the area have been notified and have been provided
with a status report. Investigations during 1994 confirmed that no
drinking water wells are in the affected area. A remedial investigation
of the off-site plume is being conducted under
CERCLA.2.3.2 DOE Order 5400.5, Radiation Protection of the Public and the Environment
DOE Order 5400.5 provides guidance and establishes radiation
protection standards and central practices designed to protect the
public and the environment against undue risk from DOE operations. This
order requires that no member of the public receive an effective dose
equivalent (EDE) in a year
greater than 100 mrem via all pathways and that no member of the
public receive a radiation dose equivalent greater than 10 mrem in
a year from airborne emissions. In addition, dose limits imposed by
other federal regulations (40 CFR Parts 61, 191, and 192 and
10 CFR Parts 60 and 72) must be met. The primary dose limit is
expressed as an EDE, which requires the weighted summation of doses to
specified organs of the body. Monitoring of effluents released to the
environment is required to ensure that radiation doses to the public are
as low as reasonably achievable
(ALARA) and are consistent
with prescribed dose standards.2.3.3 DOE Order 5820.2A, Radioactive Waste Management
DOE Order 5820.2A establishes the policies and minimum requirements
for managing ORR radioactive wastes and the radioactive component of
mixed wastes. The order requires that each DOE site prepare a waste
management plan for radioactive waste generation,
TSD operations. In previous
years each site had prepared its own waste management plan. These plans
have now been consolidated into one document, The Oak Ridge
Reservation Waste Management Plan
(Energy
Systems 1995b
).2.4 APPRAISALS AND SURVEILLANCES OF ENVIRONMENTAL PROGRAMS
2.4.1 Tiger Team Environmental Assessment
Table 2.12
provides a summary of the status of corrective actions from the Tiger
Team assessments.2.4.2 Defense Nuclear Facilities Safety Board
In September 1994, during a
DNFSB tour of a storage
building in 9204-2E, a discrepancy with specific stipulations of the
criticality safety approval for storage of fissile material in that area
was identified. As a result, a number of operations at the
Y-12 Plant were curtailed. However, environmental management
operations (compliance monitoring, reporting, and oversight) have
continued operations, and there have been no environmental impacts as a
result of the stand-down. Work continues at the Y-12 Plant to
respond to recommendations from the board concerning formality of
operations.2.6 NOTICES OF VIOLATIONS AND PENALTIES
2.7.1 Actions Filed by Friends of the Earth, Inc.
On January 17, 1992, Friends of the Earth, Inc., a nonprofit
corporation, filed a lawsuit against Admiral James D. Watkins
(then Secretary of Energy) and
DOE in the U.S. District Court
for the Eastern District of Tennessee, Northern Division. The suit
alleges that DOE is violating the terms and conditions of its
NPDES permits for the
Y-12 Plant, ORNL, and
the K-25 Site. Specifically, the complaint alleges that discharges
of certain quantities of various pollutants into tributaries of the
Clinch River that have their sources at the Y-12 Plant, ORNL, and
the K-25 Site have exceeded (and are exceeding) the allowable
discharge limits established by the NPDES permits. The suit seeks to
force DOE to comply in all respects with its NPDES permits, declaratory
judgments, and the award of various other costs.2.7.2 Hazardous/Toxic Waste Off-Site Shipment Moratorium
In May 1991, a moratorium on the off-site shipment (to non-DOE sites) of
PCB and
RCRA hazardous waste was
implemented throughout the DOE complex, including the DOE sites located
on the ORR. The purpose of the
moratorium is twofold: (1) to ensure that hazardous/toxic wastes
shipped from DOE facilities to commercial treatment, storage, or
disposal facilities do not have bulk (volume) radioactive contamination
as a result of DOE operations and (2) to ensure that the wastes do
not have surface contamination exceeding DOE Order 5400.5 criteria
unless the receiving facility is specifically licensed to manage
radioactive waste. The moratorium for a given site will remain in effect
until the site receives approval from DOE to resume off-site shipments
using site-specific procedures that have been reviewed and approved by
DOE.2.7.3 Tennessee Oversight Agreement
On May 13, 1991, the state of Tennessee and DOE entered into a 5-year
monitoring and oversight agreement in which DOE agreed to provide the
state financial and technical support for an ``independent monitoring
and oversight'' of DOE activities on the ORR. Activities that are
conducted under the agreement include oversight of DOE's environmental
monitoring, waste management,
ER, and emergency management
programs. The agreement is intended to assure Tennessee citizens that
their health, safety, and environment are being protected by DOE's
ongoing programs and new commitments specified in the agreement. The
agreement may be extended beyond 5 years or amended as necessary to
address federal, state, or local community issues that may arise.