CHAPTER 8. LAWS AND REQUIREMENTS
This chapter identifies and summarizes major laws, regulations, executive orders, and DOE Orders that might apply to the scenarios discussed in this EIS.
8.1 Federal Statutes and Regulations
National Environmental Policy Act
The National Environmental Policy Act (NEPA) establishes a national policy promoting awareness of the environmental consequences of the activity of humans on the environment and promotes a consideration of environmental impacts during the planning and decisionmaking stages of a project. NEPA requires all agencies of the Federal Government to prepare a detailed statement on the environmental effects of proposed major Federal actions that could significantly affect the quality of the human environment.
DOE prepared this environmental impact statement (EIS) in accordance with the Council on Environmental Quality (CEQ) regulations for implementing the procedural provisions of NEPA (40 CFR Parts 1500 through 1508) and DOE's NEPA Implementing Procedures (10 CFR Part 1021). The EIS discusses reasonable alternatives and their potential environmental consequences.
Atomic Energy Act
The Atomic Energy Act of 1954 authorizes DOE to establish standards to protect health or minimize dangers to life or property with respect to activities under its jurisdiction. Through DOE Orders, regulations, and guidelines, the Department has established these environmental, health, and safety standards to ensure safe operations of its facilities.
Clean Air Act
The Clean Air Act is intended to "protect and enhance the quality of the Nation's air resources so as to promote the public health and welfare and the productive capacity of its population." Section 118 of the Act requires each Federal agency with jurisdiction over any property or facility that might result in the discharge of air pollutants to comply with "all Federal, state, interstate, and local requirements" with regard to the control and abatement of air pollution.
The Act requires the U.S. Environmental Protection Agency (EPA) to establish National Ambient Air Quality Standards as necessary to protect public health, with an adequate margin of safety from any known or anticipated adverse effects of a regulated pollutant (42 USC Section 7409). The Act also requires the establishment of national standards of performance for new or modified stationary sources of atmospheric pollutants (42 USC Section 7411) and requires specific emission increases to be evaluated to prevent a significant deterioration in air quality (42 USC Section 7470).
Hazardous air pollutants, including radionuclides, are regulated separately (42 USC Section 7412). Air emissions are regulated by EPA through regulations codified at 40 CFR Parts 50 through 99. However, EPA has delegated primary authority to the South Carolina Department of Health and Environmental Control (SCDHEC) for all of the Act's regulatory provisions except DOE radionuclide emissions (40 CFR Part 61 Subpart H). Under the authority of the South Carolina Pollution Act, SCDHEC has established the State's air pollution control program (R.61-62).
Airborne emissions would be associated with each of the scenarios, and these emissions would be subject to regulation under the Clean Air Act.
Clean Water Act
The Clean Water Act was enacted to "restore and maintain the chemical, physical and biological integrity of the Nation's water." The Act prohibits the "discharge of toxic pollutants in toxic amounts" to navigable waters of the United States. Section 313 of the Act requires all branches of the Federal Government engaged in any activity that might result in a discharge or runoff of pollutants to surface waters to comply with Federal, state, interstate, and local requirements.
In addition to setting water quality standards for the Nation's waterways, the Act supplies guidelines and limitations for effluent discharges from point-source discharges and provides authority for EPA to implement the National Pollutant Discharge Elimination System (NPDES) permitting program. EPA has overall responsibility (40 CFR Part 122), but has delegated primary enforcement authority to SCDHEC for facilities in South Carolina. Under the South Carolina Pollution Control Act, SCDHEC enforces a wastewater treatment system permitting program (R.61-67).
Resource Conservation and Recovery Act
The treatment, storage, or disposal of hazardous and nonhazardous waste is regulated under the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (RCRA), the Hazardous and Solid Waste Amendments of 1984, and the Federal Facility Compliance Act of 1992. Pursuant to Section 3006 of RCRA, any state that seeks to administer and enforce a hazardous waste program may apply for EPA authorization of its program. The EPA regulations implementing RCRA are at 40 CFR Parts 260 through 280. These regulations define hazardous wastes and specify hazardous waste transportation, handling, treatment, storage, and disposal requirements. The regulations imposed on a generator or a treatment, storage, or disposal facility vary according to the type and quantity of material or waste generated, treated, stored, or disposed of. The method of treatment, storage, and disposal also impacts the extent and complexity of the requirements.
Historically, DOE chemically reprocessed reactor targets and spent fuel to recover valuable products and fissionable materials. As such, the recovered material was not a solid waste under RCRA. World events have resulted in significant changes in DOE direction and operations. With these changes, the DOE focus has changed from reprocessing and recovery of materials to storage and ultimate disposition. In particular, DOE announced in April 1992 that it intended to phase out reprocessing. This, in turn, has created uncertainty with regard to the regulatory status of these materials in relation to RCRA.
DOE has initiated discussions with environmental regulators on the potential applicability of RCRA to the materials discussed in this EIS. Further discussions with the regulators might be necessary to develop a path forward to meet any RCRA requirements that could apply to the alternatives analyzed in this EIS.
Emergency Planning and Community Right-to-Know Act of 1986
Under Subtitle A of this Act, Federal facilities provide various information (such as inventories of specific chemicals used or stored and releases that occur from these sites) to the State Emergency Response Commission and the Local Emergency Planning Committee to ensure that emergency plans are sufficient to respond to unplanned releases of hazardous substances. Implementation of the provisions of this Act began voluntarily in 1987, and inventory and annual emissions reporting began in 1988. In addition, DOE requires compliance with Title III as a matter of Departmental policy. The requirements for this Act were promulgated by EPA in 40 CFR Parts 350 through 372. The SRS submits hazardous chemical inventory reports to the South Carolina Department of Health and Environmental Control. The chemical inventory could change depending on the alternative(s) DOE implemented; however, subsequent reports would reflect any change to the inventory.
SAFE DRINKING WATER ACT
The primary objective of the Safe Drinking Water Act is to protect the quality of public water supplies and all sources of drinking water. The South Carolina Department of Health and Environmental Control has primary enforcement responsibility through the State Safe Drinking Water Act. SCDHEC administration and enforcement consist of construction permits, preliminary site inspections, final construction inspections, monthly sampling of drinking water, and regular operations and maintenance inspections of water supplies and facilities such as those at the SRS (R.61-58).
American Indian Religious Freedom Act, Archaeological Resources Protection Act, National Historic Preservation Act, and Native American Graves Protection and Repatriation Act
The American Indian Religious Freedom Act, Archaeological Resources Protection Act, National Historic Preservation Act, and Native American Graves Protection and Repatriation Act require Federal agencies to consider the impacts that their actions could have on archaeological, historic, and cultural resources. DOE has determined that implementation of the activities associated with any alternative considered would not directly affect these resources.
Anadromous Fish Conservation Act, Bald and Golden Eagle Protection Act, Endangered Species Act, Fish and Wildlife Coordination Act, and Migratory Bird Treaty Act
The Anadromous Fish Conservation Act, Bald and Golden Eagle Protection Act, Endangered Species Act, Fish and Wildlife Coordination Act, and Migratory Bird Treaty Act require Federal agencies to consider the impacts that their actions could have on biological resources. Biological resources would not be affected by the activities associated with the alternatives considered in this EIS.
8.2 Executive Orders
Executive Order 12088, "Federal Compliance with Pollution Control Standards"
This order directs Federal agencies to comply with applicable administrative and procedural pollution control standards established by, but not limited to, the Clean Air Act, the Clean Water Act, and the Resource Conservation and Recovery Act.
executive order 12856, "federal compliance with right-to-know laws and pollution prevention requirements"
This order directs Federal agencies to comply with the Emergency Planning and Community Right-to-Know Act of 1986 and with the Pollution Prevention Act of 1990.
Executive Order 11514, "National Environmental Policy Act"
This order directs Federal agencies to monitor and control their activities continually to protect and enhance the quality of the environment. It also directs Federal agencies to develop procedures to ensure the fullest practicable provision of timely public information and understanding of the Federal plans and programs with environmental impact to obtain the views of interested parties. DOE has issued regulations (10 CFR Part 1021) and DOE Order 5440.1E for compliance with this Executive Order.
Executive Order 11988, "Floodplain Management"
This order directs Federal agencies to establish procedures to ensure the consideration of potential effects of flood hazards and floodplain management for any action undertaken in a floodplain and the avoidance of floodplain impacts to the extent practicable. DOE has determined that implementation of or any alternative considered would not directly affect a floodplain.
Executive Order 11990, "Protection of Wetlands"
This order directs governmental agencies to avoid, to the extent practicable, any short- and long-term adverse impacts on wetlands if there is a practicable alternative. DOE has determined that any alternative considered would not directly affect a wetland.
Executive Order 12898, "Environmental Justice"
This order directs Federal agencies to achieve environmental justice by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minority populations and low-income populations in the United States and its territories and possessions. The order creates an Interagency Working Group on Environmental Justice and directs each Federal agency to develop strategies within prescribed time limits to identify and address environmental justice concerns. The order further directs each Federal agency to collect, maintain, and analyze information on the race, national origin, income level, and other readily accessible and appropriate information for areas surrounding facilities or sites expected to have a substantial environmental, human health, or economic effect on the surrounding populations, when such facilities or sites become the subject of a substantial Federal environmental administrative or judicial action and to make such information publicly available.
8.3 Department of Energy Regulations and Orders
Through the authority of the Atomic Energy Act, DOE is responsible for establishing a comprehensive health, safety, and environmental program for its facilities. The regulatory mechanisms through which DOE manages its facilities are the promulgation of regulations and the issuance of DOE orders. The DOE regulations are generally found in Title 10 of the Code of Federal Regulations. These regulations address such areas as energy conservation, administrative requirements and procedures, nuclear safety, and classified information. For this EIS, relevant regulations include 10 CFR Part 835, Occupational Radiation Protection; 10 CFR Part 1021, Compliance with the National Environmental Policy Act; and 10 CFR Part 1022, Compliance with Floodplains/Wetlands Environmental Review Requirements. DOE Orders generally set forth policies and the programs and internal procedures for implementing those policies. Applicable Orders pertaining to the activities associated with the alternatives discussed in this EIS include:
- DOE Order 5440.1E, "National Environmental Policy Act Compliance Program" (November 10, 1992). This Order establishes authorities and responsibilities of DOE officials and sets forth internal procedures for implementing the NEPA.
- DOE Order 5480.1B, "Environment, Safety and Health Program for Department of Energy Operations" (September 23, 1986). This Order establishes the Environment, Safety and Health Program for DOE operations.
- DOE Order 5480.31, "Startup and Restart of Nuclear Facilities" (September 15, 1993). This Order establishes the actions to be taken in the startup or restart of nuclear facilities.
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