7 STATUTORY AND REGULATORY REQUIREMENTS
This section discusses the environmental regulations applicable to construction and operation of the various alternatives. Relevant regulations are summarized in Section 7.1. The ability of the proposed alternatives to meet regulatory requirements is identified in Section 7.2. Section 7.3 lists the various agencies consulted and Section 7.4 discusses the applicability of the Tri-Party Agreement to the preferred alternative.
7.1 RELEVANT FEDERAL AND STATE REGULATIONS
This section summarizes Federal, State of Washington, and DOE regulations and requirements applicable to implementing the proposed alternatives. The alternatives would be implemented to comply with all applicable requirements and compliance agreements. Table 7-1 presents a summary of potential permits and approvals which may be required of the alternatives. No new permits or approvals are required for the no action alternative.
7.1.1 FEDERAL ENVIRONMENTAL REQUIREMENTS
This section describes Federal environmental requirements relevant to the
alternatives. These requirements are administered primarily by Federal
agencies other than DOE or involve Federal regulatory requirements that have
been delegated to the State of Washington and administered by Ecology. These
requirements include statutory and regulatory requirements for hazardous,
radioactive, and mixed waste management, threatened or endangered species,
archaeological and historic resources, and Native American concerns.
. National Environmental Policy Act (42 U.S.C. 4321 et seq., as amended) -
NEPA established a national policy for the protection of the environment
and authorized the CEQ to administer the policy. In 1978, the CEQ
proposed regulations implementing NEPA; the final regulations are
codified in 40 CFR 1500 through 1508. DOE implementing procedures for
NEPA are codified in 10 CFR Part 1021.
Summary of Potential Permits and Approvals for the Alternatives
Environmental Permit/Approval or Regulatory Agency
Media Requirement Regulation
Air Emissions Radiation Air WAC 246-247 Department of
Emissions Program Health (DOH)
(RAEP)
Air Emissions National Emissions 40 CFR 61 EPA/DOH
Standards for Subpart H
Hazardous Air
Pollutants (NESHAP)
Air Emissions Notice of WAC 173-400, Ecology,
Construction (NOC) WAC 173-460 Benton County
Clean Air
Authority
Soil Column Solid Waste WAC 173-216 Ecology
Wastewater Discharge Permit
Disposal (SWDP)
Soil Column Approval of WAC 173-240 Ecology
Wastewater Engineering Report,
Disposal Plans and
Specifications, and
Operations and
Maintenance (O&M)
Manual
Domestic Septic Systems WAC 246-272 DOH
Wastewater <54,888 L [14,500
Disposal gallons per day
(gpd)] capacity
design approval
Dangerous Waste Dangerous Waste WAC 173-303 and Ecology
Permit RCRA 40 CFR 264, 265,
Parts A and B 270
Underground Tank Permit WAC 173-360 Ecology
Storage Tanks
All Media Cultural Resource 36 CFR 800 DOE and State
Review Clearance Historic
Preservation
Officer (SHPO)
All Media Endangered Species 50 CFR 402.6 U.S. Fish and
Approval Wildlife Service
(USFWS)
The requirements of NEPA specify that if a Federal action might have a
significant effect on the quality of the human environment, the agency
involved must prepare a detailed EIS.
. Resource Conservation and Recovery Act, [Solid Waste Disposal Act, as
amended by the Resource Conservation and Recovery Act of 1976 and the
Hazardous and Solid Waste Amendments (HSWA) of 1984 (42 U.S.C. 6901-6987
et seq., as amended)] - RCRA and the implementing regulations (40 CFR
Parts 260 through 268) govern the cradle-to-grave management of
hazardous waste and the hazardous constituents of mixed waste. HSWA
also provides for the cleanup (and corrective actions) of RCRA waste
sites. The base RCRA program has been delegated to the State of
Washington and the state's statutes and regulations apply in lieu of the
Federal requirements. The state's requirements are described further in
Section 7.1.2.
The primary RCRA Federal requirements that apply (or could apply, if
necessary) to the alternatives include:
- Section 3004(j), Storage Prohibition for Waste Subject to Land
Disposal Restrictions.
- Section 3004(u), Continuing Releases - In the event of a release
to the environment, this authority could be used by EPA to ensure
cleanup of all hazardous waste and hazardous constituents.
. Comprehensive Environmental Response, Compensation, and Liability Act
[42 U.S.C. Section 9601 et seq., as amended by Superfund Amendments and
Reauthorization Act (SARA)] - CERCLA could apply to the alternatives in
the event of a release of hazardous substances to the environment. The
implementing regulations for CERCLA are found in 40 CFR Part 300. The
list of hazardous substances is in 40 CFR Part 302.
. Clean Air Act (42 U.S.C. 7401 et seq., as amended) - The CAA and its
implementing regulations (40 CFR Part 61) require that the public not
receive an exposure to radionuclides of more than 10 mrem per year
effective dose equivalent. The CAA sets ambient air quality standards,
emission limits for major new source performance and for hazardous air
pollutants, and requires operating permits for major emission sources.
. Endangered Species Act (16 U.S.C. 1536, as amended) - The Endangered
Species Act requires Federal agencies in consultation with the USFWS to
insure that their actions are not likely to jeopardize the continued
existence of any threatened or endangered species. This requires an
evaluation of habitat, breeding and nesting areas, feeding areas,
migratory pathways, and range of threatened or endangered species.
. National Historic Preservation Act (16 U.S.C. 470, as amended) - The
NHPA requires Federal agencies to consider the effects of their actions
on historic and archaeological resources. This requires that sites to
be developed be evaluated for evidence of historic, archaeological, and
cultural resources and specific actions be taken regarding these
resources if they are discovered.
. American Indian Religious Freedom Act (AIRFA) and Native American Graves
Protection and Repatriation Act (NAGPRA) - AIRFA states that Native
Americans have an inherent right of freedom to believe, express, and
exercise their traditional religions. These rights include access to
religious sites. The NAGPRA recognizes the significance of Native
American gravesites, human remains, and funerary objects.
7.1.2 STATE OF WASHINGTON ENVIRONMENTAL REQUIREMENTS
State of Washington environmental requirements applicable to this EIS which
are administered primarily by Ecology and the Washington State DOH follow.
. State Environmental Policy Act (Chapter 43.21C RCW) - SEPA is very
similar to NEPA. SEPA requires any Washington State or local agency to
evaluate all reasonable alternatives and their potential environmental
impacts prior to taking an action that may significantly impact the
environment. The SEPA action necessitating this EIS is issuing the
state and local permits listed in Table 7-1. Because SEPA and NEPA are
very comparable in their purpose, intent, and procedures, Ecology and
DOE decided to prepare one EIS addressing the requirements of both SEPA
and NEPA.
. Hazardous Waste Management Act (HWMA) (Chapter 70.105 RCW) - The HWMA
and the implementing Dangerous Waste Regulations (Chapter 173-303 WAC)
apply to the management of all dangerous waste and the dangerous waste
component of mixed waste at the Hanford Site. EPA has delegated the
RCRA base program and the authority to regulate the hazardous component
of mixed waste to Washington State. The Tri-Party Agreement provides
the framework for application of the state's requirements for dangerous
waste treatment, storage, and disposal (TSD) units at the Hanford Site.
. Washington Clean Air Act (Chapter 70.94 RCW) - Ecology regulates the
release to the atmosphere of nonradioactive contamination under the
authority of Chapter 173-400 WAC. DOH has overall responsibility for
radiation protection. DOH and Ecology have established a memorandum of
agreement which defines the roles and responsibilities of each
department regarding administration of the Washington CAA regulations at
the Hanford Site. Under this agreement, DOH has authority over airborne
radioactive emissions under the authority of Chapter 246-247 WAC.
7.1.3 DEPARTMENT OF ENERGY GENERAL ENVIRONMENTAL REQUIREMENTS
This section lists statutory and regulatory requirements and E.O.s DOE has the
authority to implement that are relevant to the alternatives in the EIS. It
also includes DOE self-imposed administrative requirements.
. E.O. 12088, Federal Compliance With Pollution Control Standards - E.O.
12088 of October 13, 1978 states that the head of each executive agency
is responsible for ensuring that the agency takes all necessary actions
for the prevention, control, and abatement of environmental pollution
with respect to the Federal facilities and activities under its control.
Each agency head is also responsible for compliance with applicable
pollution-control standards, such as those defined under the Clean Water
Act (CWA) and the CAA.
. E.O. 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations - E.O. 12898 requires maintaining
environmental justice as part of each Federal agency's mission.
Environmental justice is maintained by identifying and addressing
disproportionately high and adverse human health or environmental
effects of Federal agency programs, policies, and activities on minority
populations and low-income populations.
. Administrative Orders - DOE has developed a uniform system of
communicating policy and procedures to its employees. The system is
based on administrative directives, or DOE orders, which contain
information on procedures, responsibilities, and authorities for
performing DOE's various functions. DOE orders relevant to the
alternatives include the following.
- DOE Order 5480.1B, Environmental Protection, Safety, and Health
Protection Standards - DOE policy states that the Department will
comply with all legally applicable Federal and state standards.
In the event of conflicts between prescribed and recommended
standards, those providing the greatest protection apply. This
order provides radiation-protection standards for occupational and
nonoccupational exposures and guidance on keeping exposures ALARA.
It provides concentration guides for airborne contaminants, liquid
effluents, and drinking water. It also establishes exposure
standards aimed at achieving ALARA dosage rates for individuals
and population groups in uncontrolled areas and sets monitoring
requirements for DOE operations.
- DOE Order 5480.20A, Personnel Selection, Qualification, Training
and Staffing Requirements at DOE Reactor and Non-Reactor Nuclear
Facilities - This order establishes selection qualification,
training, and staffing requirements for personnel in the
operation, maintenance, and technical support of DOE facilities.
- DOE Order 5484.1, Environmental Protection, Safety, and Health
Protection Information Reporting Requirements - This order
establishes the requirements and procedures for reporting
information with environmental protection, safety, or health
protection significance for DOE operations.
- DOE Order 5820.2A, Radioactive Waste Management - This order
establishes hazardous waste management procedures for facilities
operated under the authority of the Atomic Energy Act (AEA), as
amended. The requirements follow, to the extent practical,
regulations issued by the EPA pursuant to RCRA.
7.2 ABILITY OF PROPOSED ALTERNATIVES TO MEET REGULATORY STANDARDS AND REQUIREMENTS
This section discusses the ability of the proposed alternatives and the no action alternative to meet regulatory requirements, which include statutes, regulations, and groups of regulations consisting of the following: . Protection of Threatened or Endangered Species . Protection of Historic and Archaeological Resources . Native American Concerns . CAA Requirements . Dangerous Waste Regulations . Prime Farmland Protection.
7.2.1 PROTECTION OF THREATENED OR ENDANGERED SPECIES
Under the Endangered Species Act, no Federal agency action may jeopardize the continued existence of a threatened or endangered species. As discussed in Chapter 5 none of the alternatives would jeopardize the continued existence of any Federally listed threatened or endangered species. Informal consultation with the USFWS and the Natural Resource Trustee Council has resulted in general agreement regarding mitigation of lost habitat impacts. The mitigation plan for reducing habitat impacts is in Appendix D. DOE is committed to continuing consultation with USFWS and the State of Washington to formalize an agreement on the detailed plans for mitigation. The formal agreement will be documented in a MAP.
7.2.2 PROTECTION OF HISTORIC AND ARCHAEOLOGICAL RESOURCES
Under the NHPA, Federal agencies must consider actions that adversely affect site listed or eligible for inclusion in the NRHP. As discussed in Section 4.8, no historic properties or archaeological resources were identified during the cultural resources surveys in construction areas evaluated under each of the alternatives. Results of cultural resource surveys in areas to be disturbed during construction and restoration activities have been provided to the SHPO.
7.2.3 NATIVE AMERICAN CONCERNS
Under the AIRFA, Native Americans have an inherent right of access to religious sites. Under the NAGRA, Native American gravesites, human remains, and funerary objects are given special protection. Based on field surveys and meetings with the Native American Groups, no gravesites, human remains, or funerary objects are known to exist in the areas that would be directly disturbed by any of the alternatives. Potentially significant cultural resource sites have been identified in a survey of 530 ha (1,300 acres) being considered for restoration activities. The Mitigation Action Plan will assure avoidance of these sites during mitigation. DOE has an active program of consultation with Native American Groups. This program included consultations regarding the RCSTS, NTF, and ITRS.
7.2.4 CLEAN AIR ACT REQUIREMENTS
All of the alternatives would be required to comply with all applicable Federal and state air quality regulations and standards. Compliance with these regulations and standards would be demonstrated by the acquisition of the permits under the following regulations: . Control for New Sources of Toxic Air Pollutants (Chapter 173-460 WAC) . NESHAPS under 40 CFR 61, Subpart H . RAEP (Chapter 246-247 WAC). Analyses performed in support of this EIS indicate that all anticipated emissions from the alternatives would be well within regulatory limits.
7.2.5 DANGEROUS WASTE REGULATIONS
The Hanford Site is a single RCRA facility identified by EPA/State Identification Number WA7890008967 that consists of over 60 TSD units conducting dangerous waste management activities. These TSD units are included in the Hanford Facility Dangerous Waste Part A permit application. The RCSTS would be considered ancillary equipment to the DST system, and therefore would require a permit as a TSD unit. The DST system is operating under an interim status permit. The construction of the RCSTS would be allowed under the interim status permit. The RCSTS would receive a final status permit in 1999, along with the rest of the DST system. The ECSTS does not meet interim status or final status standards, and therefore cannot be issued a final status permit. Waste transfer facilities under the rail transfer and truck transfer alternatives would also need to be permitted. These transfer facilities would be permitted as ancillary equipment of the DST system. If the new storage alternative is selected, the DOE would need to complete the Washington State Dangerous Waste Regulation permitting process for the new tanks as new or expanded dangerous waste TSD units. All new facilities would be sited as required under WAC 173-303-282(6) and (7) to specify conditions relative to seismic risk, subsidence, slope and soil stability, air emissions, surface and ground-water contamination, site flood potential, plant and animal habitat, precipitation, adjacent land uses, and special land uses such as parks and wild and scenic rivers, prime farmland, and archaeological and historic sites.
7.2.6 PRIME FARMLAND PROTECTION
The Farmland Protection and Policy Act requires Federal agencies to give special consideration to activities proposed in prime and unique farmland. According to the U.S. Department of Agriculture (USDA), none of the alternatives would take place in an area determined to be prime or unique farmland.
7.3 CONSULTATIONS
The following Federal, state, local and regional agencies, and Native American Groups were contacted during the preparation of this EIS. FEDERAL AGENCIES . U.S. Fish and Wildlife Service . U.S. Advisory Council on Historic Preservation . U.S. Environmental Protection Agency . U.S. Department of Agriculture . U.S. Bureau of Land Management STATE AGENCIES . Washington Department of Fish and Wildlife . Washington State Historic Preservation Officer . Washington Department of Health . Washington Department of Transportation LOCAL AND REGIONAL AGENCIES . Benton County Clean Air Authority . TRIDEC NATIVE AMERICANS . Yakama Indian Nation . Confederated Tribes of the Umatilla Indian Reservation . Nez Perce Tribe. . Wanapum People
7.4 HANFORD FEDERAL FACILITY AGREEMENT AND CONSENT ORDER (TRI-PARTY AGREEMENT)
The Hanford mission is to clean up the Site, provide scientific and technical
excellence to meet global needs, and partner in the economic diversification
of the region. The Hanford Federal Facility Agreement and Consent Order, also
known as the Tri-Party Agreement governs the clean-up plans for the Hanford
Site. The Tri-Party Agreement (DOE 1994) establishes the regulatory framework
under which the Hanford Site waste management and cleanup must occur. It
establishes an action plan for cleanup that contains priority actions/problems
and milestones. The Tri-Party Agreement sets milestones to achieve
coordinated cleanup of the Hanford Site and provides and uses enforceable
milestones to keep the program on schedule. The Tri-Party Agreement
establishes the applicability of RCRA and CERCLA and their amendments to the
Hanford Site.
The Tri-Party Agreement has a number of provisions related to the DOE action
which have the potential to influence the need for the action, the timing of
the action, and the alternative selected. These Tri-Party Agreement
provisions include the following.
. Any new hazardous or dangerous waste handling tanks and associated
facilities must comply with applicable RCRA or Washington Dangerous
Waste Regulation design, operation, and maintenance requirements.
Hence, the need for double-shelled design, leak detection systems, and
inspection provisions.
. The Tri-Party Agreement contains Milestone M-43-07, Complete Project W-
058 Replacement of Cross Site Transfer System by February 1998, target
Milestone M-43-07-T01 to complete definitive design of the RCSTS by
August 1995 and interim Milestone M-43-07A to start construction of
project W-058 by November 1995.
. The Tri-Party Agreement contains the following milestones which are
indirectly related to the purpose and need for this action:
- M-46-00 Double-Shell Tank Space Evaluation - This milestone
requires an annual report beginning in September 1994 which
projects tank volume needs, the basis of the projection, and DOE's
plans for acquisition of additional tanks based on the tank volume
projections.
- M-46-01 Concurrence of Additional Tank Acquisition - This
milestone requires an annual meeting of the three parties to
establish new milestones, if required, for the acquisition of new
tanks. This milestone was initiated in November 1994.
- M-41-00 Complete Single-Shell Tank Interim Stabilization - This
milestone and many related milestones requires completion of
interim stabilization activities for all SSTs except 106-C, and
completion of intrusion prevention at those same SSTs by September
2000. The planned interim stabilization schedule is shown in
Table 7-2. Stabilization involves removal of as much liquid mixed
waste as practical from a SST and pumping it to a DST containing
compatible waste. This is done to minimize the amount of liquid
which could leak to the ground, should the SST later begin to
leak.
- M-40-00 Mitigate/Resolve Tank Safety Issues for High Priority
Watchlist Tanks - This milestone is complete when mitigation
activities, if required, have been implemented in all Watchlist
tanks to ensure safe storage of waste during the interim period
until retrieval for treatment and/or disposal operations begin.
This milestone is scheduled for completion in September 2001.
Other interim M-40 milestones include closing all Unreviewed
Safety Questions (USQs) for DSTs and SSTs such as high-flammable
gas concentrations, potentially explosive mixtures of
ferrocyanide, potential for nuclear criticality, and existence of
a separable organic phase floating layer.
Implementing the preferred alternative would allow DOE to meet the
requirements of Tri-Party Agreement Milestones M-43-07 and M-40-00.
Single-Shell Tank Interim Stabilization Schedule
Tri-Party Agreement Schedule Planned Tank Stabilization
Milestone Start Milestone End 200 East 200 West
M-41-01-T03 5/31/94 M-41-01-T02 12/31/94 102-BY 109-BY -
M-41-01-T01 10/12/94 M-41-01-T02 12/31/94 102-C 107-C -
(105-C) 110-C
M-41-08 7/31/95 M-41-08-T01 3/31/96 - 102-U
M-41-09 1/31/96 M-41-09-T01 4/30/97 - 101-S 108-S
103-S 109-S
106-S 110-S
107-S
M-41-10 4/30/96 M-41-10-T01 12/31/98 101-A 101-AX -
M-41-11 4/30/96 M-41-11-T01 5/31/97 - 103-U 108-U
105-U 109-U
M-41-12 4/30/97 M-41-12-T01 9/30/98 106-BX 105-BY -
103-BY 106-BY
M-41-13 7/31/97 M-41-13-T01 12/31/96 - 106-U 111-U
107-U
M-41-14 6/30/97 M-41-14-T01 11/30/99 - 111-S 103-SX
112-S 104-SX
101-SX 105-SX
102-SX
M-41-15 6/30/97 M-41-15-T01 3/31/99 - 102-S 106-SX
M-41-16 3/30/98 M-41-16-T01 8/31/98 - 104-T
M-41-17 4/30/98 M-41-17-T01 5/31/98 - 107-T
M-41-18 4/30/98 M-41-18-T01 7/31/98 - 110-T
M-41-19 9/30/98 M-41-19-T01 3/31/99 103-C -
Source: WHC 1995
SECTION 7 REFERENCES>
DOE, 1994, Hanford Federal Facility Agreement and Consent Order, Fourth Amendment, U.S. Department of Energy, Washington State Department of Ecology, U. S. Environmental Protection Agency, Richland, WA WHC 1995, MWTF Path Forward Engineering Analysis Technical Task 3.8, Retrieval Sequence, WHC-SD-236A-ES-011, Revision 0., Paul J. Certa, Luanne S. Williams, Westinghouse Hanford Company, Richland, WA
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