CHAPTER 5: ENVIRONMENTAL, OCCUPATIONAL SAFETY & HEALTH PERMITS AND COMPLIANCE REQUIREMENTS Chapter 5 identifies the environmental, occupational safety and health, permits, and compliance requirements associated with the proposed action as specified by the major Federal and state statutes, regulations, orders, and agreements. 5.1 Introduction and Purpose Chapter 5 provides information concerning the environmental standards and statutory requirements that impact on the various tritium supply technologies and recycling facilities to the extent necessary to assist in making programmatic-level decisions. It presents some of the more important regulatory requirements associated with the proposed action by identifying the applicable environmental statutes, regulations, and approval requirements. These requirements are found in Federal and state statutes, regulations, permits, approvals, and consultations, as well as in Executive and Department of Energy (DOE) orders, Consent Orders, Federal Facility Agreements, Federal Facility Compliance Agreements, and Agreements In Principle. These documents provide the standard for evaluating the ability of candidate sites to meet the environment, safety, and health (ES&H) requirements and obtaining required Federal and state permits and licenses necessary to implement programmatic decisions. The remainder of the chapter provides historical background on environmental protection at nuclear weapons production facilities, explains the concept of shared Federal and state enforcement, and summarizes compliance with occupational safety and health and environmental justice requirements. Compliance with the applicable requirements of each of the major environmental statutes, regulations, or orders identified in the tables would allow DOE to construct and operate the tritium supply and recycling facilities to meet existing ES&H requirements. To be environmentally sound, programmatic decisions must also address the ES&H planning con- siderations described in section 3.3 of the Nuclear Weapons Complex Reconfiguration Study (DOE/DP-0083) in order for the tritium supply and recycling facilities to meet ES&H requirements which would exist in the future and to accomplish the mission in a timely and cost-effective manner. 5.2 Background Since the majority of the Nuclear Weapons Complex (Complex) facilities were constructed in the 1940s and 1950s before the advent of today's environmental and worker health requirements, safety and the ability to satisfy national security requirements played the dominant roles in the design and operation of these major industrial plants. With the emergence of an awareness of environmental and health-related issues and the enactment of environmental and worker health programs, however, DOE shifted a great deal of its resources into programs designed to achieve compliance with all applicable Federal, state, and local ES&H requirements. Today, many government agencies at the Federal, state, and local levels have regulatory authority over DOE facility operations. DOE has entered into enforceable compliance agreements with the regulators at most of its facilities. These agreements detail specific programs, funding levels, and schedules for achieving compliance with applicable ES&H statutory and regulatory requirements. All newly constructed and modified facilities must comply with the increasing number and complexity of environmental regulations. The application of constantly changing requirements to facilities that are more than 40 years old makes it difficult to achieve compliance quickly. These older facilities generally do not meet all current standards for seismic design, fire protection, and environmental protection (air emissions, liquid effluents, and the management of solid and hazardous wastes). However, modernization of facilities to meet all applicable ES&H requirements now and into the 21st century and the development of a system to adequately manage the wastes generated by these facilities would take place regardless of the proposed action addressed in this PEIS. 5.3 Environmental Statutes, Orders, and Agreements The Atomic Energy Act of 1954 authorizes DOE to establish standards to protect health and minimize dangers to life or property with respect to activities under its jurisdiction. The Nuclear Regulatory Commission (NRC) is charged under the Atomic Energy Act and the Energy Reorganization Act of 1974 with jurisdiction over commercial reactor construction and operation. NRC also licenses and regulates the possession, use, transportation, and disposal of radioactive materials, including wastes. The Environmental Protection Agency (EPA), under authority of the Atomic Energy Act, has set radiation protection standards such as "Environmental Radiation Protection Standards for Nuclear Power Operations" (40 CFR 190). EPA has also promulgated Federal environmental statutes and regulations to protect the environment and to control the generation, handling, treatment, storage, and disposal of hazardous materials and waste substances. Because of their length, and for ease of reading, all tables in this chapter are presented consecutively at the end of the text. Table 5.3-1 lists the applicable Federal environmental statutes, regulations, and Executive orders, and also identifies the associated permit, approval, and consultation requirements generally required to site, construct, or operate a tritium supply technology and recycling facility. Except for limited Presidential exemptions, Federal agencies must comply with all applicable provisions of Federal environmental statutes and regulations, in addition to all applicable state and local requirements. DOE is committed to fully complying with all applicable environmental statutes, regulatory requirements, and Executive and internal orders. Table 5.3-2 lists selected DOE ES&H orders which apply to all sites, but which may affect each site differently. DOE has entered into agreements with regulatory agencies on behalf of all of the DOE facilities being considered in this Programmatic Environmental Impact Statement (PEIS). These agreements normally establish a schedule for achieving full compliance at these DOE facilities. Table 5.3-3 lists those DOE environmental agreements with Federal and state regulatory agencies that have substantive provisions in effect. Appendix section A.1 summarizes the applicability and provides more detail on the environmental regulatory compliance agreements and consent orders still in effect at each of the nuclear facilities. These agreements and consent orders are generally available from the regulatory agency that is a party to the agreement, normally the state environmental department or EPA region, and also at the local DOE information resource center or reading room. Table 5.3-4 lists the potential requirements imposed by the major state environmental statutes and regulations applicable to this PEIS. These requirements apply to Federal activities within the jurisdiction of the enforcing authority. Just as table 5.3-1 identifies requirements based on Federal laws, table 5.3-4 identifies the permits, approvals, and consultations generally required to site, construct, or operate tritium supply and recycling facilities in accordance with state statutes and regulations. Table 5.3-1.-Federal Environmental Statutes, Regulations, and Orders [Page 1 of 5] Resource Statute/Regulation/Order Citation Responsible Agency PEIS-Level Potential Applicability: Permits, Category Approvals, Consultations, andNotifications Air Resources Clean Air Act (CAA), 42 USC 7401 EPA Requires sources to meet standards and obtain permits to satisfy: as amended etseq. National Ambient Air Quality Standards (NAAQS), State Implementation Plans, Standards of Performance for New Stationary Sources, National Emission Standards for Hazardous Air Pollutants (NESHAP), and Prevention of Significant Deterioration. - National Ambient Air Quality 42 USC 7409 EPA Requires compliance with primary and secondary ambient air quality Standards/State etseq. standards governing SO2, NOx, CO, O3, Pb, and PM10 and emission Implementation Plans limits/reduction measures as designated in each state's State Implementation Plan. - Standards of Performance for 42 USC 7411 EPA Establishes control/emission standards and recordkeeping New Stationary Sources requirements for new or modified sources specifically addressed by a standard. - National Emission Standards 42 USC 7412 EPA Requires sources to comply withemission levels of carcinogenic or for Hazardous Air Pollutants mutagenic pollutants; may require a preconstruction approval, depending on the process being considered and the level of emissions that will result from the new or modified source. - Prevention of Significant 42 USC 7470 EPA Applies to areas that are in compliance with NAAQS. Requires Deterioration etseq. comprehensive preconstruction review and the application of Best Available Control Technology to major stationary sources (emissions of 100 tons/year) and major modifications; requires a preconstruction review of air quality impacts and the issuance of a construction permit from the responsible state agency setting forth emission limitations to protect the Prevention of Significant Deterioration increment. - Noise Control Act of 1972 42 USC 4901 EPA Requires facilities to maintain noise levels that do not jeopardize the etseq. health and safety of the public. Water Clean Water Act (CWA) 33 USC 1251 EPA Requires EPA or state-issued permits and compliance with provisions Resources etseq. of permits regarding discharge of effluents to surface waters. - National Pollutant Discharge 33 USC 1342 EPA Requires permit to discharge effluents (pollutants) to surface waters Elimination System and stormwaters; permit modifications are required if discharge (NPDES) (section 402 effluents are altered. of CWA) - Dredged or Fill Material - 33 USC 1344/ U.S. Army Corps of Requires permits to authorize the discharge of dredged or fill material (section 404 of 33 USC 401 Engineers into navigable waters or wetlands and to authorize certain structures CWA)/Rivers and Harbors etseq. or work in or affecting navigable waters. Appropriations Act of 1899 Water Wild and Scenic Rivers Act 16 USC 1271 Fish and Wildlife Consultation required before construction of any new Federal project Resources etseq. Service (USFWS), associated with a river designated as wild and scenic or under study (continued) Bureau of Land in order to minimize and mitigate any adverse effects on the physical Management, and biological properties of the river. Forest Service, National Park Service - Safe Drinking Water Act 42 USC 300f EPA Requires permits for construction/operation of underground injection (SDWA) etseq. wells and subsequent discharging of effluents to ground aquifers. - Executive Order 11988: 3 CFR, 1977 Comp., Water Resources Requires consultation if project impacts a floodplain. Floodplain Management p.117 Council, Federal Emergency Management Agency, Council on Environmental Quality (CEQ) - Executive Order 11990: 3 CFR, 1977 Comp., U.S. Army Corps of Requires Federal agencies to avoid the long and short term adverse Protection of Wetlands p.121 Engineers/USFWS impacts associated with the destruction or modification of wetlands. - Compliance with 10 CFR 1022 DOE Requires DOE to comply with all applicable floodplain/wetlands Floodplain/Wetlands environmental review requirements. Environmental Review Requirements Hazardous Resource Conservation and 42 USC 6901 EPA Requires notification and permits for operations involving hazardous Wastes and Recovery Act etseq./PL 98-616 waste treatment, storage, or disposal facilities; changes to site Soil (RCRA)/Hazardous and hazardous waste operations could require amendments to RCRA Resources Solid Waste Amendments hazardous waste permits involving public hearings. of 1984 - Comprehensive 42 USC 9601 EPA Requires cleanup and notification if there is a release or threatened Environmental Response, etseq./PL 99-499 release of a hazardous substance; requires DOE to enter into Compensation, and Interagency Agreements with EPA and state to control the cleanup of Liability Act of 1980 each DOE site on the National Priorities List (NPL). (CERCLA)/Superfund Amendments and Reauthorization Act of 1986 (SARA) - Executive Order 12580: 3 CFR, 1987 EPA DOE shall comply with the National Contingency Plan (NCP) in Superfund Implementation Comp., p. 193 addition to the other requirements of the order, as amended. Hazardous Community Environmental PL 102-426 EPA Amends CERCLA (40 CFR 300) to establish a process for identifying, Wastes and Response Facilitation Act prior to the termination of Federal activities, property that does not Soil contain contamination. Requires prompt identification of parcels that Resources will not require remediation to facilitate the transfer of such property (continued) for economic redevelopment purposes. - Farmland Protection Policy 7 USC 4201 Soil Conservation DOE shall avoid any adverse effects to prime and unique farmlands. Act of 1981 etseq. Service - Federal Facility Compliance 42 USC 6961 States Waivers of sovereign immunity for Federal facilities under RCRA and Act of 1992 requires DOE to develop plans and enter into agreements with states as to specific management actions for specific mixed waste streams. Biotic Fish and Wildlife 16 USC 661 USFWS Requires consultation on the possible effects on wildlife if there is Resources Coordination Act etseq. construction, modification, or control of bodies of water in excess of 10 acres in surface area. - Bald and Golden Eagle 16 USC 668 USFWS Consultations should be conducted to determine if any protected birds Protection Act etseq. are found to inhabit the area.. If so, DOE must obtain a permit prior to moving any nests due to construction or operation of project facilities. . - Migratory Bird Treaty Act 16 USC 703 USFWS Requires consultation to determine if there are any impacts on etseq. migrating bird populations due to construction or operation of project facilities. If so, DOE will develop mitigation measures to avoid adverse effects. - Wilderness Act of 1964 16 USC 1131 Department of DOE shall consult with the Department of Commerce and DOI and etseq. Commerce and DOI minimize impact. - Wild Free-Roaming Horses 16 USC 1331 DOI DOE shall consult with DOI and minimize impact. and Burros Act of 1971 etseq. - Endangered Species Act of 16 USC 1531 USFWS/National Requires consultation to identify endangered or threatened species and 1973 etseq. Marine Fisheries their habitats, assess DOE impacts thereon, obtain necessary Service biological opinions and, if necessary, develop mitigation measures to reduce or eliminate adverse effects of construction or operation. Cultural National Historic Preservation 16 USC 470 President's Advisory DOE shall consult with the State Historic Preservation Office (SHPO) Resources Act of 1966, as amended etseq. Council on Historic prior to construction to ensure that no historical properties will be Preservation affected. - Archaeological and Historical 16 USC 469 DOI DOE shall obtain authorization for any disturbance of archaeological Preservation Act of 1974 etseq. resources. - Archaeological Resources 16 USC 470aa DOI DOE shall obtain authorization for any excavation or removal of Protection Act of 1979 etseq. archaeological resources. - Antiquities Act 16 USC 431-33 DOI DOE shall comply with all applicable sections of the Act. Cultural American Indian Religious 42 USC 1996 DOI DOE shall consult with local Native American Indian tribes prior to Resources Freedom Act of 1978 construction to ensure that their religious customs, traditions, and (continued) freedoms are preserved. - Native American Graves 25 USC 3001 DOI DOE shall consult with local Native American Indian tribes prior to Protection and Repatriation construction to guarantee that no Native American graves are Act of 1990 disturbed. - Executive Order 11593: 3 CFR 154, 1971- DOI DOE shall aid in the preservation of historic and archaeological data Protection and Enhancement 1975 Comp., p. that may be lost during construction activities. of the Cultural Environment 559 Worker Safety Occupational Safety and 5 USC 5108 OSHA Agencies shall comply with all applicable worker safety and health and Health Health Act (OSHA) legislation (including guidelines of 29 CFR 1960) and prepare, or have available, Material Safety Data Sheets. - Hazard Communication 29 CFR 1910.1200 OSHA DOE shall ensure that workers are informed of, and trained to handle, Standard all chemical hazards in the DOE workplace. Other Atomic Energy Act of 1954 42 USC 2011 DOE DOE shall follow its own standards and procedures to ensure the safe operation of its facilities. - National Environmental 42 USC 4321 CEQ DOE shall comply with NEPA implementing procedures in accordance Policy Act (NEPA) etseq. with 10 CFR 1021. - Uranium Mill Tailings 42 USC 7901 EPA DOE shall enforce and implement health and environmental standards Radiation Control Act of etseq. and acquire licenses when required. 1978 - Toxic Substances Control Act 15 USC 2601 EPA DOE shall comply with inventory reporting requirements and chemical (TSCA) etseq. control provisions of TSCA to protect the public from the risks of exposure to chemicals; TSCA imposes strict limitations on use and disposal of PCB-contaminated equipment. - Hazardous Materials 49 USC 1801 DOT DOE shall comply with the requirements governing hazardous Transport etseq. materials and waste transportation. Action Act - Hazardous Materials 49 USC 1801 DOT Restricts shippers of highway route-controlled quantities of Transportation Uniform radioactive materials to use only permitted carriers. Safety Act of 1990 - Emergency Planning and 42 USC 11001 EPA Requires the development of emergency response plans and reporting Community Right-To-Know etseq. requirements for chemical spills and other emergency releases, and Act of 1986 imposes right-to-know reporting requirements covering storage and use of chemicals which are reported in toxic chemical release forms. Other Pollution Prevention Act of 42 USC 11001- EPA Establishes a national policy that pollution should be reduced at the (continued) 1990 11050 source and requires a toxic chemical source reduction and recycling report for an owner or operator of a facility required to file an annual toxic chemical release form under section 313 of SARA. - Executive Order 12843: April 21, 1993 EPA Requires Federal agencies to minimize procurement of ozone Procurement Requirements depleting substances and conform their practices to comply with and Policies for Federal Title VI of CAA Amendments reference stratospheric ozone Agencies for Ozone- protection and to recognize the increasingly limited availability of Depleting Substances Class I substances until final phaseout. - Executive Order 12856: August 3, 1993 EPA Requires Federal agencies to achieve 50 percent reduction of agency's Federal Compliance with total releases of toxic chemicals to the environment and offsite Right-To-Know Laws and transfers, to prepare a written facility pollution prevention plan not Pollution Prevention later than 1995, and to publicly report toxic chemicals entering any Requirements waste stream from Federal facilities, including any releases to the environment, and to improve local emergency planning, response and accident notification. - Executive Order 12873: October 20, 1993 EPA Requires Federal agencies to develop affirmative procurement policies Federal Acquisition, and establishes a shared responsibility between the system program Recycling, and Waste manager and the recycling community to effect use of recycled items Prevention for procurement. - Executive Order 12898: February 11, 1994 EPA Requires Federal agencies to identify and address as appropriate, Federal Actions to Address disproportionately high and adverse human health or environmental Environmental Justice in effects of its programs, policies, and activities on minority Minority Populations and populations and low-income populations. Low-Income Populations - Executive Order 12088: 3 CFR, 1978 Comp., Office of Management Requires Federal agency landlords to submit to OMB an annual plan Federal Compliance with p. 243 and Budget for the control of environmental pollution and to consult with EPA Pollution Control Standards and state agencies regarding the best techniques and methods. - Executive Order 11514: 3 CFR, 1966-1970 CEQ Requires Federal agencies to demonstrate leadership in achieving the Protection and Enhancement Comp., p. 902 environmental quality goals of NEPA; provides for DOE of Environmental Quality consultation with appropriate Federal, state, and local agencies in carrying out their activities as they affect the environment. - Nuclear Waste Policy Act of 42 USC 10101 EPA DOE shall dispose of radioactive waste per standards of 40 CFR 191. 1982 etseq. - Low-Level Radioactive Waste 42 USC 2021b- NRC DOE shall dispose of LLW per compacts of the states in which it Policy Act 2021d operates. Table 5.3-2.-Selected Department of Energy Environment, Safety, and Health Orders DOE Order Title Order 1540.2 Hazardous Material Packaging for Transport-Administrative Procedures 1540.3A Base Technology for Radioactive Material Transportation Packaging Systems 3790.1B Federal Employee Occupational Safety and Health Program 5000.3B Occurrence Reporting and Processing of Operations Information 5400.1 General Environmental Protection Program 5400.2A Environmental Compliance Issue Coordination 5400.4 Comprehensive Environmental Response, Compensation, and Liability Act Requirements 5400.5 Radiation Protection of the Public and the Environment 5440.1E National Environmental Policy Act Compliance Program 5480.1B Environment, Safety, and Health Program for Department of Energy Operations 5480.3 Safety Requirements for the Packaging and Transportation of Hazardous Materials, Hazardous Substances, and Hazardous Waste 5480.4 Environmental Protection, Safety, and Health Protection Standards 5480.6 Safety of Department of Energy-Owned Nuclear Reactors 5480.7A Fire Protection 5480.9A Construction Project Safety and Health Management 5480.10 Contractor Industrial Hygiene Program 5480.11 Radiation Protection for Occupational Workers 5480.19 Conduct of Operations Requirements for DOE Facilities 5480.21 Unreviewed Safety Questions 5480.22 Technical Safety Requirements 5480.23 Nuclear Safety Analysis Reports 5480.24 Nuclear Criticality Safety 5481.1B Safety Analysis and Review System 5482.1B Environment, Safety, and Health Appraisal Program 5483.1A Occupational Safety and Health Program for DOE Contractor Employees at Government-Owned Contractor-Operated Facilities 5484.1 Environmental Protection, Safety, and Health Protection Information Reporting Requirements 5500.1B Emergency Management System 5500.3A Planning and Preparedness for Operational Emergencies 5530.1A Accident Response Group 5530.4 Aerial Measuring System 5630.11B Safeguards and Security Program 5630.12A Safeguards and Security Inspection and Assessment Program 5632.1C Protection and Control of Safeguards and Security Interests 5700.6C Quality Assurance 5820.2A Radioactive Waste Management 6430.1A General Design Criteria Table 5.3-3.-Department of Energy Agreements with Federal and State Environmental Regulatory Agencies Facility Resource Parties Scope of Agreement Effective Date Category (Agency/State) Idaho National Air DOE/ID CAA-Consent Order (Permit to construct) 02/11/92 Engineering Laboratory - Water DOE/ID RCRA-Consent Order on percolation ponds 10/07/92 - Soil DOE/EPA/ID CERCLA/RCRA-Federal Facility Agreement & Consent Order 12/09/91 - Soil DOE/ID/EPA RCRA-Consent Order 04/03/92 Nevada Test Site Soil DOE/NV RCRA-Settlement Agreement-TRU mixed waste 07/23/92 - Cultural DOE/NV Programmatic Agreement-Archaeological and Historic Preservation 05/08/93 activities Oak Ridge Reservation Air DOE/EPA CAA-Federal Facility Compliance Agreement, Radionuclide 05/26/92 NESHAP - Soil DOE/EPA/TN CERCLA-Federal Facility Agreement 01/01/92 - Soil DOE/EPA RCRA-Federal Facility Compliance Agreement for storage of 06/12/92 mixed waste subject to Land Disposal Restrictions Pantex Plant Soil DOE/EPA RCRA-Section 3008 (h) Administrative Order on Consent 12/10/90 Savannah River Site Air DOE/EPA CAA-Federal Facility Compliance Agreement for Radionuclide 10/31/91 NESHAP - Water DOE/SC CWA-Consent Order 84-4-W, Thermal discharge limitations, 01/03/84, 08/31/87 with amendment - Water DOE/SC CWA-Settlement Agreement 90-13-W, Construction of a wastewater 02/27/90, 01/16/91 treatment facility - Water DOE/SC CWA-Settlement Agreement 90-25-W, Thermal mitigation of minor 06/05/90 discharges - Water DOE/SC CWA-Settlement Agreement 90-26-W, Fish kill mitigation 06/05/90 - Water DOE/SC CWA-Settlement Agreement 91-44-W, NPDES 07/31/91 - Soil DOE/SC RCRA-Settlement Agreement 87-52-SW with amendment, 11/12/87, 05/10/91 Part B application deficiencies; groundwater monitoring - Soil DOE/SC RCRA/SC Hazardous Waste Management Act-Consent Decree - 05/26/88, 08/03/89 Civil Action - Soil DOE/EPA RCRA-Federal Facility Compliance Agreement for Land Disposal 03/13/91, 04/24/92 Restrictions, with amendment 1, Docket No. 91-01-FFR - Soil DOE/SC RCRA-Settlement Agreement 91-51-SW, Solvent rag violations 08/26/91 - Soil DOE/EPA/SC CERCLA/RCRA-Federal Facility Agreement 01/15/93 - Cultural DOE/SHPO Programmatic Memorandum of Agreement-Management of 08/24/90 ACHP archaeological sites Table 5.3-4.-State Environmental Statutes, Regulations, and Orders [Page 1 of 5] Resource Category Legislation Citation Responsible Agency Potential Applicability/Permits Idaho National Engineering Laboratory, Idaho Air Resources Idaho Environmental Protection and ID Code, Title 39, ID Department of Health Permit required prior to construction or Health Act Chapter 101 and Welfare modification of an air contaminant source. - Idaho Department of Health and Welfare ID Code, Title 39, ID Department of Health Permit required prior to construction or Rules Chapter 1 and Welfare modification of an air contaminant source. Water Resources Idaho Wastewater-Land Application ID Rules/Regs., Title ID Department of Health Permit required prior to construction or Permit Regulations 1, and Welfare modification of a water discharge source. Chapter 17 - Idaho Water Pollution Control Act ID Code, Title 39, ID Department of Health Permit required prior to construction or Chapter 36 and Welfare modification of a water discharge source. - Idaho Water Quality Standards ID Rules/Regs., Title ID Department of Water Permit required prior to the construction or 1, Resources, Resource operation of a wastewater injection well. Chapter 2 Administration Division - Idaho Stream Channel Protection Act ID Code, Title 42, ID Department of Water Permit required prior to dredge or fill of any Chapter 38 Resources stream. - Idaho Lake Protection Act ID Code, ID Department of Lands Permit required prior to dredge or fill of any Section 58-142 et lake. seq. Hazardous Wastes Idaho Hazardous Waste Management ID Code, Title 39, ID Department of Health Permit required prior to construction or and Act Chapter 44 and Welfare modification of a hazardous waste disposal Soil Resources facility. - Idaho Hazardous Waste Management ID Rules/Regs., Title ID Department of Health Permit required prior to construction or Regulations 1, Chapter 5 and Welfare modification of a hazardous waste disposal facility. Biotic Resources No state-level legislation identified - - - Cultural Resources Idaho Historic Preservation Act ID Code, Title 67, ID Historic Preservation Consult with responsible local governing Chapter 46 Commission body. Worker Safety and No state-level legislation identified - - - Health Nevada Test Site, Nevada Air Resources Nevada Air Pollution Control Law NV Statutes, Title 40 NV State Environmental Permit required prior to construction or Commission modification of an air contaminant source. - Nevada Air Quality Regulations NV Admin. Code, NV State Environmental Permit required prior to construction or Chapter 445 Commission modification of an air contaminant source. Water Resources Nevada Water Pollution Control Law NV Statutes, Title 40, NV Department of Permit required prior to construction or Chapter 445 Environmental Protection modification of a water discharge source. - Nevada Water Pollution Control NV Admin. Code, NV Department of Permit required prior to construction or Regulations Chapter 445 Environmental Protection modification of a water discharge source. Hazardous Wastes Nevada Underground Storage Tank NV Admin. Code, NV Department of Permit required prior to construction or and Soil Rules Chapter 459 Environmental Protection modification of an underground storage Resources tank. - Nevada Solid Waste Disposal Law NV Statutes, Title 40, NV Department of Permit required prior to construction or Chapter 444 Environmental Protection modification of a solid waste disposal facility. - Nevada Solid Waste Disposal NV Admin. Code, NV Department of Permit required prior to construction or Regulations Chapter 44 Environmental Protection modification of a solid waste disposal facility; permit for septage hauling may be required. - Nevada Hazardous Waste Disposal Law NV Statutes, Title 40, NV Department of Permit required prior to construction or Chapter 459 Environmental Protection modification of a hazardous waste disposal facility. - Nevada Hazardous Waste Facility NV Admin. Code, NV Department of Permit required prior to construction or Regulations Chapter 444 Environmental Protection modification of a hazardous waste disposal facility. Biotic Resources Nevada Non-Game Species Act NV Admin. Code, NV Department of Consult with NV Department of Wildlife and Title 45, Wildlife minimize impact. Chapter 503 Cultural Resources Historic Preservation and Archaeology NV Statutes, Title 26, NV Advisory Board for Permit required prior to the investigation, Regulations Chapter 381-383 Historic Preservation and exploration, or excavation of an historic or Archaeology prehistoric site. Worker Safety and No state-level legislation identified - - - Health Oak Ridge Reservation, Tennessee Air Resources Tennessee Air Pollution Control TN Rules, Division of TN Air Pollution Control Permit required to construct, modify, or Regulations Air Pollution Board operate an air contaminant source; sets fugitive dust requirements. Water Resources Tennessee Water Quality Control Act TN Code, Title 69, TN Water Quality Control Authority to issue new or modify existing Chapter 3 Board NPDES permits required for a water discharge source. Hazardous Wastes Tennessee Underground Storage Tank TN Rules, TN Division of UST Permit required prior to construction or and Soil Program Regulations Chapter 1200-1-15 Programs modification of an underground storage Resources tank. - Tennessee Hazardous Waste TN Code, Title 68, TN Division of Solid Waste Permit required to construct, modify, or Management Act Chapter 46 Management operate a hazardous waste treatment, storage, or disposal facility. - Tennessee Solid Waste Processing and TN Rules, TN Division of Solid Waste Permit required to construct or operate a solid Disposal Regulations Chapter 1200-1-7 Management waste processing or disposal facility. Biotic Resources Tennessee State Executive Order on TN State Executive TN Division of Water Consultation with responsible agency. Wetlands Order Quality Control - Tennessee Threatened Wildlife Species TN Code, Title 70, TN Wildlife Resources Consultation with responsible agency. Conservation Act of 1974 Chapter 8 Agency - Tennessee Rare Plant Protection and TN Code, Title 70, TN Wildlife Resources Consultation with responsible agency. Conservation Act of 1985 Chapter 8-301 et Agency seq. - Tennessee Water Quality Control Act TN Code, Title 69, TN Division of Water Permit required prior to alteration of a Chapter 3 Quality Control wetland. Cultural Resources Tennessee Desecration of Venerated TN Code, Title 39, TN Historical Commission Forbids a person to offend or intentionally Objects Chapter 17-311 desecrate venerated objects including a place of worship or burial. - Tennessee Abuse of Corpse TN Code, Title 39, TN Historical Commission Forbids a person from disinterring a corpse Chapter 17-312 that has been buried or otherwise interred. - Native American Indian Cemetery TN Comp. Rules and TN Historical Commission Requires notification if Native American Removal and Reburial Regulations, Indian remains are uncovered. Chapter 400-9-1 - Tennessee Protective Easements TN Code, Title 11, TN State Government Grants power to the state to restrict Chapter 15-101 construction on land deemed as a "protective" easement. Worker Safety and No state-level legislation identified - - - Health Pantex Plant, Texas Air Resources Texas Air Pollution Control Regulations TX Admin. Code, TX Natural Resource Permit required prior to construction or Title 30, Conservation modification of an air contaminant source. Chapter 101-125, Commission 305 (effective 9/1/93) Water Resources Texas Water Quality Standards TX Admin. Code, TX Natural Resource A permit may be required prior to any Title 30, Conservation modification of Waters of the United States Chapter 305, 308- Commission including stream alteration for the 325 (effective 9/1/93) construction of intakes, discharges, bridges, submarine utility crossings, etc. - Texas Consolidated Permit Rules TX Admin. Code, TX Natural Resource A permit may be required prior to any Title 30 Conservation modification of waters of the State including Commission stream alteration for the construction of (effective 9/1/93) intakes, discharges, bridges, submarine utility crossings, etc. - Texas Water Quality Acts TX Code, Title 30, TX Natural Resource A permit may be required prior to any Chapter 290 Conservation modification of waters of the State including Commission stream alteration for the construction of (effective 9/1/93) intakes, discharges, bridges, submarine utility crossings, etc. Hazardous Wastes Texas Underground Storage Tanks Rules TX Admin. Code, TX Natural Resource Permit required prior to construction or and Soil Title 30, Conservation modification of an underground storage Resources Chapter 334 Commission tank. (effective 9/1/93) - Texas Solid Waste Management TX Admin. Code, TX Natural Resource Permit required prior to construction or Regulations Title 30, Conservation modification of a solid waste disposal Chapter 305, 335 Commission facility. (effective 9/1/93) - Texas Solid Waste Disposal Act TX Statutes, TX Natural Resource Permit required prior to construction or Article 4477-7 Conservation modification of a solid waste disposal Commission (effective facility. 9/1/93) Biotic Resources Texas Parks and Wildlife Regulations TX Parks and TX Parks and Wildlife Permit required by anyone who possesses, Wildlife Code, Department takes, or transports endangered, threatened, Chapters 67, 68, & or protected plants or animals. 88 Cultural Resources Antiquities Code of Texas TX Statutes, Volume TX State Historical Survey Permit required for the examination or 17, Article 6145 Committee excavation of sites and the collection or removal of objects of antiquity. Worker Safety and No state-level legislation identified - - - Health Savannah River Site, South Carolina Air Resources South Carolina Pollution Control SC Code, Title 48, SC Dept. of Health and Permit required prior to construction or Act/South Carolina Air Pollution Chapter 1 Environmental Control modification of an air contaminant source. Control Regulations and Standards - Augusta-Aiken Air Quality Control 40 CFR 81.114 SC and GA Requires SRS and surrounding communities Region in the 2-state region to attain NAAQS. - South Carolina Atomic Energy & SC Code, Title 13, SCDHEC Establishes standards for radioactive air Radiation Control Act Chapter 7 emissions. Water Resources South Carolina Pollution Control Act SC Code, Title 48, SCDHEC Permit required prior to construction or Chapter 1 modification of a water discharge source. - South Carolina Water Quality Standards SC Code, Title 61, SCDHEC Permit required prior to construction or Chapter 68 modification of a water discharge source. - South Carolina Safe Drinking Water Act SC Code, Title 44, SCDHEC Establishes drinking water standards. Chapter 55 Hazardous Wastes South Carolina Underground Storage SC Code, Title 44, SCDHEC Permit required prior to construction or and Soil Tanks Act Chapter 2 modification of an underground storage Resources tank. - South Carolina Solid Waste Regulations SC Code, Title 61, SCDHEC Permit required to store, collect, dispose, or Chapter 60 transport solid wastes. - South Carolina Industrial Solid Waste SC Code, Title 61, SC Pollution Control Permit required for industrial solid waste Disposal Site Regulations Chapter 66 Authority disposal systems. - South Carolina Hazardous Waste SC Code, Title 44, SCDHEC Permit required to operate, construct, or Management Act Chapter 56 modify a hazardous waste treatment, storage, or disposal facility. - South Carolina Solid Waste SC Code, Title 44, SCDHEC Establishes standards to treat, store, or dispose ManagementAct Chapter 96 of solid waste. Biotic Resources South Carolina Nongame and SC Code, Title 50, SC Wildlife and Marine Consult with SC Wildlife and Marine Endangered Species Conservation Act Chapter 15 Resources Department Resources Department and minimize impact. Cultural Resources South Carolina Institute of Archaeology SC Code, Title 60, SC State Historic Consult with SC State Historic Preservation and Anthropology Chapter 13-210 Preservation Office Office and minimize impact. Worker Safety and No state-level legislation identified - - - Health 5.4 Federal and State Environmental Enforcement Under various Federal environmental statutes (table 5.3-1), the EPA may delegate the implementation and execution of the laws' various provisions to states with approved programs that are at least as stringent as the minimum Federal requirements contained in the laws and EPA regulations. Table 5.3-4 lists many of the states' laws and regulations, including provisions that are more stringent than the minimum requirements. In addition, the Federal Facility Compliance Act of 1992 waives sovereign immunity from the enforcement of Resource Conservation and Recovery Act (RCRA) at Federal facilities and thereby gives states the authority to assess fines and penalties under certain conditions. It further requires DOE to develop plans and enter into agreements with states as to specific management actions for particular mixed waste streams. Such agreements could have a direct effect on the wastes generated as a result of the implementation of the proposed action, yet such an effect cannot be determined until such time as these agreements are approved according to the terms of the Federal Facility Compliance Act. Some environmental regulatory programs are enforced through review, approval, and permitting requirements that attempt to minimize the negative impacts from releases to the environment from potential pollution sources by limiting activities to established standards. Federal and state agencies share environmental regulatory authority over DOE facility operations when Federal legislation delegates permitting or review authority to qualifying states. Some examples are: the National Emission Standards for Hazardous Air Pollutants (NESHAP) and the Prevention of Significant Deterioration under the Clean Air Act (CAA); the Water Quality Standards and the National Pollutant Discharge Elimination System (NPDES) under the Clean Water Act (CWA); the Hazardous Waste Programs under RCRA; and the Drinking Water and Underground Injection Control Programs under the Safe Drinking Water Act (SDWA). When Federal legislation allows delegation of enforcement authority, states must set standards equal to or more stringent than those required by Federal law to obtain such authority. Where the Federal regulatory agency has delegated its authority, the state or local regulations set the governing standards. However, when Federal legis- lation does not provide for delegation of enforcement authority to the states, e.g., the Toxic Substances Control Act (TSCA), the standards are administered and enforced solely by the Federal government. 5.5 Compliance with Occupational Safety and Health Requirements The health and safety of all workers associated with the tritium supply and recycling facilities is a primary consideration in the programmatic decision resulting from this PEIS. A comprehensive nuclear and occupational safety and health initiative was announced by the Secretary on May 5, 1993 entailing closer consultation with the Occupational Safety and Health Administration (OSHA) regarding regulation of worker safety and health at DOE contractor-operated facilities. Regulation of worker health and safety at DOE contractor-operated facilities will gradually shift from DOE to OSHA. The Occupational Safety and Health Act of 1970, (Public Law 91-596) establishes Federal requirements for assuring occupational safety and health protection for employees. DOE facilities also comply with the Emergency Planning and Community Right-To-Know Act, (42 USC 11001) which requires facilities to report the release of extremely hazardous substances and other specified chemicals; provide material safety data sheets or lists thereof; and provide estimates of the amounts of hazardous chemicals on-site. The reporting and emergency preparedness requirements are designed to protect both individuals and communities. Workplace Safety and Accidents. Operations at all DOE sites expose workers to occupational hazards during the normal conduct of their work activities. Occupational safety and health training is provided for all employees at DOE facilities and includes specialized job safety and health training appropriate to the work performed. Such training also includes informing employees of their rights and responsibilities under the Occupational Safety and Health Act of 1970, Executive Order 12196, which established OSHA Federal Agency Standards, 29 CFR 1960- The OSHA Federal Agency Standards-which describes the safety and health programs that Federal agencies must establish and implement under Executive Order 12196, and DOE Order 3790.1B (Federal Employee Occupational Safety and Health Program). DOE provides implementation guidance in DOE Order 3790.1B, including the requirements and guidelines for the DOE Federal Employee Industrial Hygiene Program. DOE policy is to: Provide places and conditions of employment that are as free as possible from rec- ognized hazards that cause or are likely to cause illness or physical harm. Assure that employees and employee representatives shall have the opportunity to participate in the Federal Employee Occupational Safety and Health Program. Establish programs in safety and health training for all levels of Federal employees. Consider the 29 CFR 1960 (OSHA Standards For Federal Agencies) requirements to be the minimum standards for DOE employees. DOE contractor operations at each site expose workers to hazardous constituents. DOE orders require that site operations have programs for protection of workers. DOE Orders 5480.11, Radiation Protection for Occupational Workers, and 5483.1A, Occupational Safety and Health Program for DOE Contractor Employees at Government-Owned Contractor-Operated Facilities, establish procedures for protection of workers against radiological and hazardous materials, respectively. DOE Order 5000.3B, Occurrence Reporting and Processing of Operations Information, provides for reporting and guides appropriate corrective action(s) and follow-up should an exposure occur. DOE Order 5440.1E, National Environmental Policy Act Compliance Program; DOE Order 5480.1B, Environment Safety and Health Program for Department of Energy Operations; DOE Order 5480.23, Nuclear Safety Analysis Reports; DOE Order 5481.1B, Safety Analysis and Review System; and DOE Order 6430.1A, General Design Criteria, provide the basis for review of all planned and existing construction and operation for the potential for accidents and the assessment of the associated human health and environmental consequences, should an accident occur. The results of these reviews are used as the basis for determining the need for controls or other mitigative actions to eliminate or greatly reduce the potential for, and consequences of, an accident. These reviews are required before authorization of construction or start of operation. These reviews also involve the identification of hazards and an analysis of normal, abnormal, and accident conditions. This analysis includes consideration of natural and man-made external events including fires, floods, tornadoes, earthquakes, other severe weather events, human errors, and explosions. The sites associated with the tritium supply and recycling proposal have complied with applicable DOE orders. In accordance with DOE Order 5500.1B, Emergency Management System, emergency response planning and training are provided to mitigate the consequences of potential accidents. Additionally, should an accident occur, the incident would be reported in accordance with DOE Orders 5000.3B, Occurrence Reporting and Processing of Operations Information, and 5400.4, Comprehensive Environmental Response, Compensation, and Liability Act Require- ments. The reports would also include appropriate corrective action(s) and followup. Consequences of the Tritium Supply and Recycling Proposal on Candidate Site Workplace Safety and Accidents. Construction and operation of tritium supply and recycling facilities at potential candidate sites would result in increased exposure of site workers to industrial-type work hazards and accidents. In addition, levels of risk to workers in new construction increases in relation to the amount of new construction required for the tritium supply and recycling facilities. Based on the length of construction periods for the candidate tritium supply technologies, the Modular High Temperature Gas-Cooled Reactor (MHTGR) (9 years) and the Heavy Water Reactor (HWR) (8 years) would have the largest risk and the Accelerator Production of Tritium (APT) (5 years) the least construction accident risk. Based on technology designs, the MHTGR and APT would be expected to have increased worker safety and accident risks during construction because of the deep below ground excavation required for reactor vessel and accelerator tunnel construction. Table 5.5-1 shows the relative risk of fatalities due to construction by technology. Before implementation of the tritium supply and recycling proposal at any site, however, notification would be made to the site's environmental, safety, and health staff that a new process or facility is being planned, or that an existing process is being considered for change or modification to allow the impact of the anticipated change on the work environment to be evaluated. Appropriate measures would be implemented to minimize work hazards and accidents based on this early evaluation. Once operational, as part of the Occupational Safety and Health Program at each site, ongoing surveillance of the new or modified processes or activities would be performed to identify potential health hazards. If potential health hazards are identified, a hazard evaluation would be conducted to determine the extent of the hazard and if required, the recommended control measures. Where feasible, engineering controls would be used to protect worker health and safety. Administrative controls and personal protective equipment would supplement engineering controls as appropriate. Table 5.5-1.-Estimated Number of Construction Worker Fatalities by Technology - HWR MHTGR ALWR/Large ALWR/Small APT Tritium Recycling Potential accidental worker deaths 2.1 1.9 2.8 1.6 .8 .2
|
NEWSLETTER
|
| Join the GlobalSecurity.org mailing list |
|
|
|
