Appendix C - Relevant Regulatory Requirements
This appendix identifies and summarizes the major federal and state laws, regulations, executive orders, and U.S. Department of Energy (DOE) orders that may apply to the proposed action and alternatives at the Nevada Test Site (NTS). This appendix also provides information concerning the status of permits and regulatory compliances at the NTS and the off-site locations in Nevada. Consultations with the Nevada State Historic Preservation Officer would continue on a project-specific basis for any of the alternatives considered. Consultations with the Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act are in progress and described in Chapter 8 . Consultations with American Indian tribes are described in Chapter 8 and detailed in Appendix G of this Environmental Impact Statement. Under Alternative 1, the permits identified in Section C.5 would be maintained and updated as necessary. Additional actions necessary to acquire a Resource Conservation and Recovery Act permit from the Nevada Division of Environmental Protection for the disposal of off-site generated low-level mixed waste that meet land disposal restrictions would be pursued. Under Alternative 1, the DOE would also continue its consultations with the U.S. Bureau of Land Management and begin consultations with the U.S. Department of the Interior to define the appropriate actions to address administrative issues related to the NTS and other land withdrawals. Under Alternative 2, no permitting actions would be required. This alternative would result in noncompliance with the requirements of the Resource Conservation and Recovery Act. Under Alternative 3, the permits identified in Section C.5 would be maintained and updated as necessary, and additional local permits required for construction would be obtained. Additional actions necessary to acquire Resource Conservation and Recovery Act permits from the Nevada Division of EnvironmentalProtection for a mixed waste disposal unit, a mixed waste storage unit, and a mixed waste treatment unit would be pursued. Under Alternative 3, the DOE would also continue its consultations with the U.S. Bureau of Land Management and begin consultations with the U.S. Department of the Interior to define the appropriate actions to address administrative issues related to the NTS and other land withdrawals. Under Alternative 4, existing permits would be maintained. Consultations with the U.S. Bureau of Land Management would continue and consultations would begin with the U.S. Department of the Interior to define and implement the appropriate actions to address issues associated with the NTS and other land withdrawals.
C.1 Federal Environmental Statutes and Regulations
Listed below are the significant federal laws, rules, regulations, and guidelines that are applicable at the NTS and the off-site locations in Nevada. National Environmental Policy Act of 1969, 42United States Code (U.S.C.) 4321, enacted by Public Law (Pub. L.)No.91-190 as amended. The National Environmental Policy Act of 1969 establishes a policy promoting awareness of the environmental consequences of major federal activities on the environment and consideration of the environmental impacts during the planning and decisionmaking stages of a project. The National Environmental Policy Act requires all agencies of the federal government to prepare a detailed statement on the environmental effects of proposed major federal actions that may significantly affect the quality of the human environment. The Council on Environmental Quality and the DOE have proclaimed regulations forimplementing the National Environmental Policy Act (40 Code of Federal Regulations [CFR] Parts 1500-1508 and 10 CFR Part 1021). The Council on Environmental Quality and DOE regulations require the preparation of this EIS in two stages: draft and final. The Draft and Final EISs must contain discussions of the purpose and need for the proposed action; reasonable alternatives to the proposed action, including the "no action" alternative; the environment potentially affected by the proposed action and the alternatives; and the environmental consequences of the proposed action and alternatives (40 CFR Part 1502.10 and 10 CFR Part 1021.315). Resource Conservation and Recovery Act of 1976, 42 U.S.C. 6901, enacted by Pub. L. No.94580 as amended. The Resource Conservation and Recovery Act was enacted to ensure the safe and environmentally responsible management of hazardous and nonhazardous solid waste, and to promote resource recovery techniques to minimize waste volumes. Regulations issued by the U.S. Environmental Protection Agency (EPA) under the Resource Conservation and Recovery Act set forth a comprehensive program to provide "cradle to grave" control of hazardous waste by requiring generators and transporters of hazardous waste, as well as owners and operators of treatment, storage, and disposal facilities, to meet specific standards and procedures. Hazardous waste is defined under the Resource Conservation and Recovery Act as a waste that poses a potential hazard to human health or the environment when improperly treated, stored, or disposed of. The Resource Conservation and Recovery Act regulations include requirements for locating and operating treatment, storage, and disposal facilities. The Resource Conservation and Recovery Act also requires the EPA to issue land disposal restrictions that require the use of the best demonstrated available technologies to treat certain hazardous waste and other waste containing certain hazardous components. Theland disposal restrictions also prohibit storing waste that requires treatment, except to facilitate proper recovery, treatment, or disposal. Much of the DOE's waste that is currently stored, as well as some waste that will be generated in the future, is hazardous waste or contains hazardous components that are subject to the Resource Conservation and Recovery Act requirements, including land disposal restrictions. Hazardous Waste and Solid Waste Amendments Act of 1984, 42 U.S.C. 6901, enacted by Pub. L.No. 98-616. The Hazardous Waste and Solid Waste Amendments Act of 1984 are amendments to the Resource Conservation and Recovery Act that authorize regulations or require that regulations be promulgated on waste minimization, land disposal of hazardous wastes, and underground storage tanks. Federal Facility Compliance Act of 1992, 42 U.S.C. 6961, enacted by Pub. L. No.102-386. The Federal Facility Compliance Act of 1992 waives sovereign immunity for fines and penalties for Resource Conservation and Recovery Act violations at federal facilities. However, a provision postpones fines and penalties after three years for mixed waste storage prohibition violations at DOE sites and requires the DOE to prepare plans for developing the required treatment capacity for mixed waste stored or generated at each facility. Each plan must be approved by the host state or the EPA, after consultation with other affected states, and a consent order must be issued by the regulator requiring compliance with the plan. The Federal Facility Compliance Act further provides that the DOE will not be subject to fines and penalties for land disposal restrictions storage prohibition violations for mixed waste as long as it is in compliance with such an approved plan and consent order and meets all other applicable regulations. Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42U.S.C. 9601, enacted by Pub. L. No. 96-510, also known as Superfund: Amended in 1986 by the Superfund Amendments and Reauthorization Act, Pub. L. No. 99-499. The Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, provides a statutory framework for the cleanup of waste sites containing hazardous substances and, as amended by the Superfund Amendments and Reauthorization Act, provides an emergency response program in the event of a release (or threat of a release) of a hazardous substance to the environment. The Comprehensive Environmental Response, Compensation and Liability Act's goal is to provide for response and remediation of environmental problems that are not adequately covered by permit programs of other environmental laws, such as the Clean Air Act, the Clean Water Act, the Resource Conservation and Recovery Act, and the Atomic Energy Act. Emergency Planning and Community Right-toKnow Act of 1986, 42 U.S.C. 11001, enacted by Pub. L. No.99-499. This act was included as Title III of the Superfund Amendments and Reauthorization Act. Under Subtitle A of this Act, federal facilities, including those owned by the DOE, 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 to the Local Emergency Planning Committee to ensure that emergency plans are sufficient to respond to unplanned releases of hazardous substances. The DOE also requires compliance with Title III as a matter of agency policy. In addition, under Subtitle B of the Act, material safety data sheet reports, emergency and hazardous chemical inventory reports, and toxic chemical release inventory reports must be provided to appropriate state, local, national, and federal authorities. Atomic Energy Act, 42 U.S.C. 2011, enacted by Pub. L. No. 83-703. The Atomic Energy Act ensures proper management, production, possession, and use of radioactive materials. The Act also provides the DOE with authority for developing generally applicable standards for protecting the environment from radioactive materials. Pursuant to the Atomic Energy Act, the DOE has established a system of standards and requirements issued as DOE orders. The Act also authorizes the Formerly Utilized Sites Remedial Action Program, under which the DOE is responsible for cleaning up privately owned sites previously used and contaminated as a result of nuclear weapons production. Clean Air Act, 42 U.S.C. 7401, enacted by Pub. L. No. 90-148 as amended. The Clean Air Act, as amended, 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 Clean Air Act, as amended, requires that each federal agency with jurisdiction over any property or facility that might discharge air pollutants, such as the DOE, comply with "all federal, state, interstate, and local requirements" with regard to the control and abatement of air pollution. The law requires the EPA to establish national primary and secondary 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 U.S.C. 7409). The Clean Air Act also requires establishment of (a) national standards of performance for new stationary sources of atmospheric pollutants; (b) emissions limitations for any new or modified building, structure, facility, or installation that emits or may emit an air pollutant (42 U.S.C. 7411); and (c) standards for emission of hazardous air pollutants (42 U.S.C. 7412). In addition, the Clean Air Act requires specific emission increases to be evaluated so as to prevent asignificant deterioration in air quality (42 U.S.C. 7470). To comply with these requirements, the EPA issued (a) New Source Performance Standards with respect to stationary sources, which impose emission or discharge limitations on new pollution sources (40 CFR Part 60); (b) National Emission Standards for Hazardous Air Pollutants which establishes limits of materials such as radioactivity, asbestos, beryllium, mercury, etc., that may be emitted into the atmosphere (40 CFR Part 61); and (c) Prevention of Significant Deterioration which contains measures which should be considered and/or implemented to minimize the deterioration of air quality at locations where air quality is already cleaner than the ambient standards (40 CFR Part 81). The Clean Air Act requires each state to develop implementation plans to control air pollution and air quality in that state and submit them for approval to the EPA . Under EPA regulations, Nevada has been delegated authority under the Clean Air Act to maintain the Primary and Secondary National Ambient Air Quality Standards (40 CFR Part 52, Subpart N), to issue permits under the Prevention of Significant Deteriorations (40 CFR Part 52.683), and to enforce performance standards for new stationary sources. To date, the state of Nevada does not have authority to administer the National Emission Standards for Hazardous Air Pollutants Program regulating emissions of radionuclides at DOE facilities. Therefore, National Emission Standards for Hazardous Air Pollutants approvals authorizing release of radionuclides are obtained from the EPA Region 9. Clean Water Act of 1977, 42 U.S.C. 1251, et seq. enacted by Pub. L. No. 95-917 [amendments to the Federal Water Pollution Control Act of 1972]. The Clean Water Act of 1977, which amended the Federal Water Pollution Control Act, was enacted to "restore and maintain the chemical, physical, and biological integrity of the Nation'swater." The Clean Water Act prohibits the "discharge of toxic pollutants in toxic amounts" to navigable waters of the United States. Section 313 of the Clean Water Act, as amended, 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 Clean Water Act supplies guidelines and limitations for effluent discharges from point-source discharges, and provides authority for the EPA to implement the National Pollutant Discharge Elimination System permitting program. The National Pollutant Discharge Elimination System Program is administered by the Water Management Division of the EPA pursuant to regulations in 40 CFR Part 122 et seq. Nevada has not applied for National Pollutant Discharge Elimination System authority from the EPA. Thus, all National Pollutant Discharge Elimination System permits required for the NTS would be obtained by the DOE through the EPA Region 9 (40 CFR Part 122 et seq.). Sections 401 and 405 of the Water Quality Act of 1987 added Section 402(p) to the Clean Water Act. Section 402(p) requires that the EPA establish regulations for issuing permits for storm water discharges associated with industrial activity. Although any storm water discharge associated with industrial activity requires a National Pollutant Discharge Elimination System permit application, regulations implementing a separate storm water permit application process have not yet been adopted by the EPA. Safe Drinking Water Act of 1974, 42U.S.C.300f, et seq., enacted by Pub. L. No.93-523 as amended. The Safe Drinking Water Act's primary objective is to protect the quality of public water supplies and all sources of drinking water. The state of Nevada, with the EPA's authorization, regulates public drinking watersupplies by establishing and enforcing drinking water standards and by developing and implementing aquifer and water source protection regulations. These regulations proclaim maximum contaminant levels, including those for radioactivity in community water systems, which are defined as public water systems that serve at least 15 service connections used by year-round residents or regularly serve at least 24 year-round residents. Other programs established by the Safe Drinking Water Act include the Sole Source Aquifer Program, the Wellhead Protection Program, the Underground Injection Control Program, and Environmental Standards for the Management and Disposal of Spent Nuclear Fuel, High-Level, and Transuranic Radioactive Wastes. Hazardous and Radioactive Materials Transportation Regulations. Transport of hazardous and radioactive materials, substances, and wastes are governed by U.S. Department of Transportation, U.S. Nuclear Regulatory Commission, and EPA regulations. These regulations may be found in 49 CFR Parts 100-178, 10 CFR Part 71, and 40 CFR Part 262, respectively. U.S. Department of Transportation regulations contain requirements for identification of a material as hazardous or radioactive. These regulations may hand off to the U.S. Nuclear Regulatory Commission or EPA regulations for identification of material. However, U.S. Department of Transportation hazardous material regulations govern the hazard communication (for example, marking, hazard labeling, vehicle placarding, and emergency response telephone number) and transport requirements (such as required entries on shipping papers or on the EPA waste manifest). U.S. Nuclear Regulatory Commission regulations applicable to radioactive materials transportation are found in 10 CFR Part 71 and detail packaging design requirements, including the testing required for package certification. The EPA regulations pertaining to hazardous waste transportation are found in 40 CFR Part 262. These regulations deal with the use of the EPA waste manifest, which is the shipping paper used when transporting Resource Conservation and Recovery Act hazardous waste. National Historic Preservation Act of 1966, 16U.S.C. 470, et seq., enacted by Pub. L. No.04422 as amended. The National Historic Preservation Act of 1966, as amended, provides that sites with significant national historic value be placed on the National Register of Historic Places. If a federal activity may impact a historic property resource, a required consultation with the Advisory Council on Historic Preservation will usually generate a memorandum of agreement, including stipulations that must be followed to minimize adverse impacts. Coordinations with the State Historic Preservation Officer are also undertaken to ensure that potentially significant sites are properly identified and appropriate mitigative actions implemented. Archaeological Resources Protection Act of 1979, 16 U.S.C. 470aa-470ll, enacted by Pub. L. No.9695 as amended. The Archaeological Resources Protection Act of 1979 protects archaeological resources located on U.S. public lands and American Indian lands, including sites under the DOE's control. The requirements concerning protection of archaeological resources contained in the Archaeological Resources Protection Act should be addressed prior to site disturbances by consultation with the Department of Interior Advisory Council on Historic Preservation and the State Historic Preservation Officer. Archaeological and Historic Preservation Act of 1974, 16 U.S.C. 469, enacted by Pub.L. No. 86532 as amended. The Archaeological and Historic Preservation Act of 1974 protects sites that have historic and prehistoric importance. Endangered Species Act of 1973, 16 U.S.C. 1531-1543, enacted by Pub. L. No. 93205 as amended. The Endangered Species Act of 1973, as amended, is intended to prevent the further decline of endangered and threatened species and to restore these species and their habitats. The Act is jointly administered by the U.S. Departments of Commerce and Interior. Section 7 of the Act requires consultation to determine whether endangered and threatened species are known to have critical habitats onsite or in the vicinity of the proposed action. Fish and Wildlife Conservation Act of 1980, 16U.S.C. 2901, enacted by Pub.L.No. 96-366 as amended. The Fish and Wildlife Conservation Act of 1980 encourages all federal entities (in cooperation with the public) to protect and conserve the nation's fish and wildlife. Fish and Wildlife Coordination Act, 16 U.S.C.661, 48 Stat. 401 as amended. The Fish and Wildlife Coordination Act promotes more effectual planning and cooperation between federal, state, public, and private agencies for the conservation and rehabilitation of the nation's fish and wildlife and authorizes the U.S. Department of Interior to provide assistance. National Wildlife Refuge System Administration Act of 1966, 42 U.S.C. 668dd, enacted by Pub. No. 91-135 as amended. The National Wildlife Refuge System Administration Act of 1966 provides guidelines and directives for the administration and management of all lands within the system, including "wildlife refuges, areas for the protection and conservation of fish and wildlife that are threatened with extinction, wildlife ranges, game ranges, wildlife management areas, or waterfowl production areas." The Secretary of the Interior is authorized to permit by regulations the use of any area within the system provided "such uses are compatible with the major purposes for which such areas were established." Migratory Bird Treaty Act of 1918, 16 U.S.C. 703, et seq., 40 Stat. 755. The Migratory Bird Treaty Act of 1918 governs the taking, killing, or possession of migratory birds. The Act states that it is unlawful to take, pursue, molest, or disturb bald (American) and golden eagles, their nests, or their eggs anywhere in the United States. Bald Eagle Protection Act of 1940, 16 U.S.C. 668, enacted by 54 Stat. 250. The Bald Eagle Protection Act of 1940 protects bald and golden eagles by prohibiting the taking, possession, and commerce of such birds and establishes civil penalties for violation of this Act. Noise Control Act of 1972, 42 U.S.C. 4901-4918, enacted by Pub. L. 92-574 as amended. The Noise Control Act of 1972, as amended, directs all federal agencies to carry out, "to the fullest extent within their authority," programs within their jurisdictions in a manner that furthers a national policy of promoting an environment free from noise that jeopardizes health and welfare. Toxic Substances Control Act of 1976, 15 U.S.C. 2601, et seq., enacted by Pub. L. No. 94-469 as amended. The Toxic Substances Control Act of 1976 provides the EPA with the authority to require testing of both new and old chemical substances entering the environment and to regulate them where necessary. The Act also regulates the treatment, storage, and disposal of certain toxic substances not regulated by the Resource Conservation and Recovery Act or other statutes, particularly polychlorinated biphenyls (PCB), chlorofluorocarbons, and asbestos. American Indian Religious Freedom Act of 1978, 42 U.S.C. 1996 et seq., enacted by Pub. L. No. 95-34. The American Indian Religious Freedom Act of 1978 is a policy statement intended to reaffirm American Indian rights regarding religious freedom. The purpose of the Act is to ensure that American Indians have access to and protection of physical locations and resources that are sacred and sometimes required for the practice of American Indian religious rites and ceremonies. Native American Graves Protection and Repatriation Act of 1990, 25 U.S.C. 3001, enacted by Pub. L. No. 101-60. The Native American Graves Protection and Repatriation Act of 1990 governs ownership or control of American Indian remains and cultural items which are excavated or discovered on federal or tribal lands. Nuclear Waste Policy Act of 1982, 42U.S.C.10101, enacted as Pub. L. No. 97-425 and as amended. The Nuclear Waste Policy Act of 1982 provides for the development of repositories for the disposal of high-level radioactive waste and spent fuel and for the establishment of a program of research, development, and demonstration regarding the disposal of high-level waste and spent fuel. The Act provides for development (by the EPA and the Nuclear Regulatory Commission) of generally applicable standards for protection of the environment and technical criteria for management and disposal of spent nuclear fuel and high-level radioactive wastes in a repository. Occupational Safety and Health Act of 1970, 29U.S.C. 657, et seq., enacted by Pub.L.91-596. The Occupational Safety and Health Act of 1970 establishes the authority for assuring, so far as possible, safe and healthful working conditions for employees. The OccupationalSafety and Health Act regulations establish specific standards telling employers what must be done to achieve a safe and healthful working environment. The DOE places emphasis on compliance with these regulations at DOE facilities and prescribes through DOE orders the Occupational Safety and Health Act standards that contractors shall meet as applicable to work at government-owned, contractor-operated facilities. Antiquities Act of 1906, 16 U.S.C. 431, et seq., enacted by Pub. L. No. 59-209. The Antiquities Act of 1906 protects historic and prehistoric ruins, monuments, and antiquities, including paleontological resources, on federally controlled lands. Asbestos Hazard Emergency Response Act of 1986, 15 U.S.C. 2641, enacted by Pub.L. No.99-519. The Asbestos Hazard Emergency Response Act of 1986 requires studies to determine the extent of danger to human health from asbestos in public and commercial buildings. Department of Energy Organization Act, 42U.S.C. 7101, enacted as Pub.L.No.95-9. The DOE Organization Act establishes the statutory responsibility of the DOE to (1) ensure incorporation of national environmental protection goals in the formulation of energy programs; and (2) to advance the goal of restoring, protecting, and enhancing environmental quality, as well as assuring public health and safety. Energy Reorganization Act of 1974, 42U.S.C.5801, enacted by Pub.L.No.93-438. The Energy Reorganization Act of 1974 was established to improve government operations and carry out the performance of other functions including, but not limited to, the Atomic Energy Commission's military production and research activities. Federal Insecticide, Fungicide, and Rodenticide Act of 1972, 7 U.S.C. 136, enacted by Pub. L. No.92-516 as amended. The Federal Insecticide, Fungicide, and Rodenticide Act of 1972 governs the storage, use, and disposal of pesticides through product labeling, registration, and user certification. Federal Land Policy and Management Act of 1976, 43 U.S.C. 1701-1784, enacted by Pub.L. No.94-579. The Federal Land Policy and Management Act of 1976 governs the use of federal lands which may be overseen by several agencies and establishes the procedure for applying to the U.S. Bureau of Land Management for land withdrawals and right-of-ways. Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1251, enacted by Pub. L. No.92-500. The Federal Water Pollution Control Act Amendments of 1972 is the predecessor federal statute to the Clean Water Act of 1977. Public Lands - Wild Horses and Burros, 85Stat.649, enacted by Pub.L.No.92-195. The Public Lands - Wild Horses and Burros Act requires the protection, management, and control of wild free-roaming horses and burros on public lands. As a stated policy, free-roaming horses and burros are prohibited from capture, branding, harassment, or death and they are to be considered an integral part of the natural system of the public lands. Withdrawal of Public Lands for Military Purposes, 16 U.S.C. 460 ff, enacted by Pub.L. No. 99-606 (Military Lands Withdrawal Act of1986). The Withdrawal of Public Lands for Military Purposes Act provides authority for withdrawal of nearly 3 million acres of land in Clark, Lincoln, and Nye counties for exclusive use by the U.S. Secretary of the Air Force. Comprisedof the NAFR Complex (of which the NTS was once a part), such lands are reserved for high-hazard testing along with other stated purposes. This law mandates that EISs be prepared and include evaluations of the cumulative effects (resulting from the use of these lands) on the environment and population of Nevada. Evaluations are made of possible measures to mitigate the cumulative effects of the land withdrawals. In addition, a continuing program of decontamination is necessary. Historic Sites, Buildings, and Antiquities Act of1965, 16 U.S.C. 1461, enacted by Pub. L. No.89•249. The Historic Sites, Buildings, and Antiquities Act of 1965 sets national policy to preserve historic sites, buildings, and antiquities for the inspiration and benefit of the people of the United States. Materials Act of 1947, 30 U.S.C. 601-603, enacted by Pub. L. No. 80-291. The Materials Act of 1947 provides for the management of minerals, timber, and other construction resource materials on public lands. Pollution Prevention Act of 1990, 42U.S.C.13101, enacted by Pub.L.101-508. The Pollution Prevention Act of 1990 establishes the authority to prevent or reduce pollution at the source whenever feasible. Pollution that cannot be prevented or recycled should be treated in an environmentally safe manner whenever feasible. Disposal or other release of pollution into the environment should be employed only as a last resort and should be conducted in an environmentally safe manner.
C.2 Executive Orders
Listed below are the significant executive orders that are applicable at the NTS and the off-site locations in Nevada. Executive Order 11593 (May 13, 1971) (National Historic Preservation). This order directs all federal agencies to (1) make an inventory of their holdings and nominate, in cooperation with the state liaison officer for historic preservation, all sites, buildings, districts, and objects that appear to qualify for listing on the National Register of Historic Places, a file of cultural resources of national, regional, state, or local significance kept by the U.S. Department of the Interior's National Park Service; and (2) assure that no site, etc., which might qualify for the National Register is sold, demolished, or substantially altered. Executive Order 12088 [Federal Compliance with Pollution Control Standards (October13,1978), as amended by Executive Order 12580 (January 23, 1987)]. Federal Compliance with Pollution Control Standards requires federal agencies, including the DOE, to comply with applicable administrative and procedural pollution control standards established by, but not limited to, the Clean Air Act, the Noise Control Act, the Clean Water Act, the Safe Drinking Water Act, the Toxic Substances Control Act, and the Resource Conservation and Recovery Act. Executive Order 11514 (National Environmental Policy Act). This order requires federal agencies to continually monitor and control their activities to protect and enhance the quality of the environment. The order also requires federal agencies to develop procedures to (1) ensure that the public is informed and understands the federal plans and programs with potential environmental impact and (2) obtain the views of interested parties. The DOE has issued regulations (10 CFR Part 1021) and DOE Order 451.1 for compliance with this Executive Order. Executive Order 12580 (Superfund Implementation). This order delegates to the heads of executive departments and agencies the responsibility for undertaking remedial actions for releases, or threatened releases, that are not on the National Priority List. This order also delegates the responsibility of removal actions, other than emergencies where the release is from any facility under the jurisdiction or control of executive departments and agencies, to the heads of executive departments and agencies. Executive Order 11988 (Floodplain Management). This order requires federal agencies to establish procedures to ensure that the potential effects of flood hazards and floodplain management are considered for actions undertaken in a floodplain. It also requires that floodplain impacts be avoided to the extent practicable. Executive Order 11990 (Protection of Wetlands). This order requires governmental agencies to avoid, to the extent practicable, any short- and long-term adverse impacts on wetlands wherever there is a practicable alternative. 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. Executive Order 12856 (Right-to-Know Laws and Pollution Prevention Requirements). This order requires all federal agencies to reduce and report toxic chemicals entering any waste stream; improve emergency planning, response, and accident notification; and encourage clean technologies and testing of innovative prevention technologies. The order also provides that federal agencies are persons for purposes of the Emergency Planning and Community Right-to-Know (Superfund Amendments and Reauthorization Act Title III), which obliges agencies to meet the requirements of the Act.
C.3 U.S. Department of Energy Regulations and Orders and Policies
Through the authority of the Atomic Energy Act, the DOE is responsible for establishing a comprehensive health, safety, and environmental program for its facilities. The regulatory mechanisms through which the DOE manages its facilities are the promulgation of regulations and the issuance of DOE orders. DOE orders generally set forth policy and the programs and procedures for implementing that policy. Listed below are the significant DOE regulations and orders that are applicable at the NTS and the off-site locations in Nevada. DOE Land and Facility Use Policy. This policy governs the DOE management of its land and facilities as valuable national resources, based on the principles of ecosystem management and sustainable development. DOE Order 430.1, Life-Cycle Asset Management. This order governs the planning, acquisition, operation, maintenance, and disposition of physical assets as valuable national resources. DOE Order 451.1, National Environmental Policy Act. This order establishes responsibilities and sets forth procedures necessary for implementing theNational Environmental Policy Act of 1969, as amended, to operate each of its facilities in full compliance with the letter and spirit of the Act. DOE Order 5000.3B, Occurrence Reporting and Processing of Operations Information. This order establishes the requirements for reporting and processing occurrences relating to safety, health, security, property, operations, and environment up to and including emergencies. DOE Order 5480.1B, Environment, Safety, and Health Program for Department of Energy Operations. This order establishes the Environment, Safety, and Health Program for the DOE operations. DOE Order 5480.3, Safety Requirements for the Packaging and Transportation of Hazardous Materials, Hazardous Substances, and Hazardous Wastes. This order provides DOE policy, sets forth requirements, and assigns responsibilities for the safe transport of hazardous materials, hazardous substances, hazardous wastes, and radioactive materials. DOE Order 5480.9A, Construction Project Safety and Health Management. This order establishes procedures and provides guidelines for the protection of the DOE and DOE contractor employees engaged in construction activities, protection of the general public from hazards in connection with the DOE construction activities, protection of adjacent property from damage, and prevention of delay or interruption of the programs due to accident or fires. DOE Order 5483.1A, Occupational Safety and Health Program for the DOE Contractor Employees at Government-Owned Contractor-Operated Facilities. This order establishes requirements and procedures to assure that occupational safety and health standards prescribed pursuant to the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, and the DOE Organization Act of 1977 provide occupational safety and health protection for DOE contractor employees in government-owned, contractor-operated facilities that are consistent with the protection afforded private industry employees by the occupational safety and health standards promulgated under the Occupational Safety and Health Act of 1970. DOE Order 5700.6C, Quality Assurance. This order provides DOE policy, sets forth requirements, and assigns responsibilities for establishing, implementing, and maintaining plans and actions to assure quality achievement in the DOE programs. DOE Order 5820.2A, Radioactive Waste Management. This order establishes policies and guidelines by which the DOE manages its radioactive waste, waste by-products, and radioactively contaminated surplus facilities. DOE Order 5400.1, General Environmental Protection Program. This order establishes environmental protection program requirements, authorities, and responsibilities for DOE operations to assure compliance with applicable federal, state, and local environmental protection laws and regulations as well as with internal DOE policies. DOE Order 5400.5, Radiation Protection of the Public and the Environment. This order establishes standards and requirements for operation of the DOE and DOE contractors with respect to protection of members of the public and the environment against undue risk from radiation. DOE Order 5480.4, Environmental Protection, Safety, and Health Protection Standards. This order specifies and provides requirements for the application of the mandatory environmental, safety, and health standards applicable to all the DOE and DOE contractor operations. DOE Order 5480.10, Contractor Industrial Hygiene Program. This order establishes the requirements and guidelines applicable to the DOE contractor operations for maintaining an effective industrial hygiene program to preserve employee health and well-being. DOE Order 5480.11, Radiation Protection for Occupational Workers. This order establishes radiation protection standards and program requirements for the DOE and DOE contractor operations with respect to the protection of the worker from ionizing radiation. DOE Order 5484.1, Environmental Protection, Safety, and Health Protection Information Reporting Requirements. This order establishes the requirements and procedures for the reporting of information having environmental protection, safety, or health protection significance for DOE operations.
C.4 State of Nevada Laws
Listed below, by category, are the significant State of Nevada laws, rules, regulations, and guidelines that are known to be applicable to the NTS and the off-site locations in Nevada: Air Pollution:
Nevada Administrative Code: Chapter 445B, Water Controls; Air Pollution:Drinking Water:Sections 287-366, Permits to Construct and Operating Permits Sections 339-351, Toxic or Hazardous Air Contaminants Sections 354-357, Visible Emissions Sections 360-367, Emissions of Particulate Matter Sections 381-395, Miscellaneous (includes open and incinerator burning)These regulations (1) implement both state and federal (EPA) clean air statutes, and (2) identify the requirements for permits for each air pollution source (unless it is specifically exempted) as well as ongoing monitoring requirements.
Nevada Administrative Code: Chapter445A, Water Controls; Air Pollution:Hazardous Waste:Sections 450-682, Public Water Systems Sections 810-925, Underground Injection ControlThese regulations (1) set the standards for drinking water, specifications for certification, and control of variances/exemptions; (2) set standards and requirements for the construction of wells and other water supply systems; and (3) establish the different classes of wells (Class I through V), aquifer exemptions, prohibited wells, operation, monitoring, etc., as well as plugging and abandonment activities.
Nevada Administrative Code: Chapter 444, Sanitation:Public Waters:Sections 842-8746, Facilities for the Management of Hazardous Waste Sections 8752-8788, Program for Reduction of Hazardous Waste Sections 940-9555, Polychlorinated Biphenyl Section 960, Limitations on Issuance of Permits Sections 965-976, Disposal of AsbestosThese regulations establish fees, variances, restrictions, and permits and adopt 40 CFR Parts 2, 124, and 260 to 270, I inclusive, as a part of the Nevada Administrative Code.
Nevada Revised Statutes: Chapter 533, Adjudication of Vested Water Rights; Appropriation of Public Waters:Sewage Disposal:Section 325, Application to State Engineer for Permit Section 335, Application for Permit to Appropriate Water: Contents Section 4373, Application for Environmental Permit: ContentsThese statutes set forth the requirements, procedures, and process of acquiring a permit for the appropriation of public waters in Nevada. These statutes also establish the fees associated with the processing and issuing of permits and sets forth the environmental requirements. Note: The Legislative Counsel Bureau, Carson City, Nevada, has not published a corresponding chapter in the Nevada Administrative Code covering the implementation of Nevada Revised Statutes, Chapter 533.
Nevada Administrative Code: Chapter 444, Sanitation:Solid Waste:Sections 750-840, Sewage DisposalThis regulation establishes the standards, regulations, permits, and requirements for septic tanks and other sewage disposal systems for single-family dwellings, communities, and commercial buildings.
Nevada Administrative Code: Chapter 444, Sanitation:Underground Water, Wells, and Related Drilling Regulations:Sections 570-748, Solid Waste DisposalThis regulation sets forth the definitions, methods of disposal, special requirements for hazardous waste, collection and transportation standards, and classification of landfills.
Nevada Administrative Code: Chapter 534, Underground Water and Wells:Vegetation:Sections 280-298, License to Drill Well Sections 300-450, Drilling, Construction, and Plugging of WellsThese regulations establish the ownership of underground waters within the State and the appropriation for beneficial use and specify the conditions, requirements, and rules for acquiring such water. The regulations also set forth the license requirements of well drillers; the requirements of drilling, construction, and plugging of wells; and the protection of the aquifers from pollution and waste.
Nevada Administrative Code: Chapter 527, Protection and Preservation of Timbered Lands, Trees, and Flora. This regulation provides for the broad protection of the indigenous flora of the State. Those plants, declared to be threatened with extinction, are placed on the state of Nevada's list of fully protected species.Water Pollution:
Nevada Administrative Code: Chapter 445A, Water Controls; Air Pollution:Wildlife:Sections 070-348, Water Pollution ControlThis regulation classifies the waters of the State, establishes standards for water quality of all waters in the State, and specifies discharge permit requirements and notification requirements.
Nevada Administrative Code, Chapter 503, Hunting, Fishing, and Trapping; Miscellaneous Protective Measures:Sections 010-104, General ProvisionsThis regulation specifies the classification of wildlife and also specifies protected and unprotected wildlife.
C.5 Permits
Current Operating Permits for the NTS and surrounding areas are presented in C-1.
C.6 Pollution Prevention and Waste Minimization
Introduction The DOE is committed to preventing pollution and reducing waste generation at the NTS. This is accomplished through establishing partnerships with private industry and complying with federal, state, and local regulations. The elements of the DOE/NV Waste Minimization/Pollution Prevention Program address reporting requirements, compliance costs, reduction costs, employee concerns, environmental liability, training, and the reduction, recycle, and reuse of commodities. These actions provide a safer environment for future generations, a more cost-effective operation, and a safer working environment. The preparation of the DOE contractor's Waste Minimization and Pollution Prevention Awareness Implementation Plan reflects the objectives and milestones identified in the DOE/NV Waste Minimization and Pollution Prevention Awareness Plan; the 1994 DOE guidance document, "Guidance For Preparation of Waste Minimization/Pollution Prevention Awareness Plan"; and the DOE/Headquarters Defense Program and the Environmental Management guidelines. The Pollution Prevention Awareness Program as identified in DOE Order 5400.1 has also been incorporated into the DOE/NV Waste Minimization Program.
Table C-1. Operating permits Background The National Environmental Policy Act emphasizes minimizing the impacts that result from federal activities. The National Environmental Policy Act's original purpose was to "promote efforts which will prevent or eliminate damage to the environment." This is complemented by both the Pollution Prevention Act of 1990 and the Hazardous and Solid Waste Amendments of 1984. These acts enable federal agencies to develop and implement waste minimization/pollution prevention programs. This relationship was further strengthened in a 1993 memorandum from the Council on Environmental Quality, which recommended that federal agencies incorporate pollution prevention principles, techniques, and mechanisms throughout the National Environmental Policy Act planning and decisionmaking processes (58 FR 18). To help facilities meet regulatory requirements, the EPA has published strategies and guidelines on waste minimization/pollution prevention. The Pollution Prevention Act of 1990 establishes an environmental protection hierarchy, with pollution prevention/source reduction as the most desirable environmental management option. If pollution cannot be prevented, then, in descending order of preference, environmentally sound recycling, treatment, and disposal are listed as alternative waste management options. Waste minimization centers on source reduction or recycling of solid wastes regulated by the Resource Conservation and Recovery Act. Pollution prevention complements the concept of waste minimization by focusing on the following: source reduction and other practices that reduce or eliminate pollutants through increased efficiency in the use of raw materials, energy, water, or other resources or protection of natural resources by conservation. Waste minimization is an implied element of the pollution prevention process. The DOE has developed an overall pollution prevention strategy and framework that is consistent with EPA's recommendations and other requirements (e.g., Executive Order 12856) around which its facilities must structure their own programs. DOE Orders 5400.1 and 5820.2A establish policyrequirements for environmental protection and waste management. This framework is the basis of the NTS's strategy to implement waste minimization/pollution prevention elements and techniques in all operations. The DOE/NV Pollution Prevention Program establishes commitments to use available technology to reduce waste generation, monitor operations to encourage sound practices that discourage waste generation, develop an awareness of environmental concerns and practices, and comply with existing laws governing environmental protection. DOE/NV Waste Minimization/Pollution Prevention Program The DOE/NV Waste Minimization/Pollution Prevention Program is consistent with the DOE and other legal requirements. The DOE/NV provides services and support for the NTS operations. These responsibilities included waste minimization, pollution prevention, recycling, waste management, environmental restoration, and technology transfer. The DOE/NV has adopted Emergency Planning and Community Right-to-Know Act and sitewide goals. The Waste Minimization/Pollution Prevention Program establishes the following three levels of goals:
- Program goals for reducing the number of releases and offsite transfers of Emergency Planning and Community Right-To-Know Act, Section 313, Priority Pollutants, as specified in Executive Order 12856 and the DOE 1994 Waste Minimization/Pollution Prevention Crosscut Plan
- Sitewide goals for minimization of wastes and pollutants not covered by Executive Order 12856
- Generator-specific goals for minimization of wastes and pollutants covered by Executive Order 12856.
- Make employees aware of general environmental activities and hazards, plus Waste Minimization Program requirements, goals, and accomplishments
- Inform employees of specific environmental issues
- Train employees on their responsibilities in pollution prevention
- Recognize employees for their efforts to improve environmental conditions through pollution prevention
- Encourage employees to participate in pollution prevention activities
- Publicize success stories.
C.7 References
REGULATION, ORDER, LAW
| 58 FR 18 | Council on Environmental Quality, "Memorandum to Head of Federal Departments and Agencies Regarding Pollution Prevention and the National Environmental Policy Act," Federal Register, Washington, DC, pp. 6478-6481, 1993. |
| DOE Order 5400.1 | U.S. Department of Energy (DOE), "General Environmental Protection," Washington, DC, 1988. |
| DOE Order 5820.2A | DOE, "Radioactive Waste Management," Washington, DC, 1988. |
| EO 12856 | Executive Order, "Federal Compliance With Right-to-Know Laws and Pollution Prevention Requirements," Office of the President, Washington, DC. |
| GENERAL | |
| BN, 1996 | Bechtel Nevada, "DOE/Nevada Operations Office Waste Minimization and Pollution Prevention Awareness Plan," 1996. |
| DOE, 1993 | DOE, "Guidance for the Preparation of the Waste Minimization and Pollution Prevention Awareness Plan," Washington, DC, 1993. |
| DOE, 1994 | DOE, "Waste Minimization/Pollution Prevention Crosscut Plan," Washington, DC, 1994. |
| DOE/NV 1994 | DOE/NV, "Pollution Prevention Opportunity Assessment Plan," Las Vegas, NV, 1994. |
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