Forwards DOI Request for LLNL Tritium Tests at Ward Valley
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- _ . - . - - . .. -_. - .. - - - * . March 19, 1996 NOTE T0: X. Stablein J. Austin ; C. Paperiello M. Bell ' J. Greeves J. Holonich M. Federline B. Reamer M. Weber C. Cameron P. Lohaus J. Kennedy P. Sobel FROM: Nelson,[[[ SUBJECT: DOE STAFF POSITION ON DOI REQUEST FOR LLNL TRITIUM TESTS AT WARD ! VALLEY ! The attached staff position paper was provided to us by Terry Plummer, ! DOE, last week and is forwarded FYI. ; Attachment: As stated | | l, i l ! ! 1 ! t l' 970 g;g,60pe, - 1 - , - - . - - - - - - 4 , ' . I 1 * , . i. > !. 4 DEPARTMENT OF THE INTERIOR REQUEST FOR LAWRENCE LIVERMORE NATIONAL LABORA'IORY i 70 i PERFORM TRTITUM TF.STS AT WARD VALLEY, CALIFORNIA | f FACTS / BACKGROUND , i - On February 23,1996, John Garamendi, Deputy Secretary of the Depiu unent of the Interior, requested the participation of the De,partment of Energy in contracting with the Lawrence i Livermore National Laboratory to perform tntium tests at the State licensed low-level radioactive waste (LLW) disposal facility in Ward Valley, Califomia. * On Demhn 15,1995, Secretary O' leary denied a similar request dated June 8,1995, : from Senator Boxer, (D-CA). 'Ihe Secretary stated that,"We believe the State of California, in its ! licensing role as authorized by the Nuclear Regulatory Commission, should determine how to implement the National Academy of Sciences' recommendations. If the State Mermines that further testing is needed based on analytical services unique to the Departmw of Energy, we will consider such a request." l ! + In response to an earlier request of Senator Boxer, Secretary Babbitt asked the National ! Academy of Sciences (NAS) to examine several key safety related issues of the site. On May 11, 1995, it announced that while "the potential transfer of contaminants through the unsaturated zone to the water table is highly unlikely...the committee agrees that additional analysis needs to be i done. The majori,ty of the committee believes that this could be donc during constmetion and | operation of the site." The majority further concluded that contamination of the ground water i beneath the site was " highly unlikely" and that the project posed no realistic threat to the Colorado River. * The National Academy of Sciences recommended that a more complete knowledge of ; background tritium levels be obtained over time by using " additional analyses and data from tracers such as 36Cl." Based on the NAS report and on input from other scientists familiar with the . project, Interior's focus on tritium tests of questionable technical reliability appears misplaced. The timing also appears out of context with the Academy's recommendations which focus on improving the States' continuing performance assessment work ; not as a ore-appmval litmus test of site suitability. On September 6,1995, Jay Davis, Associate Director of Environmental Programs at the Lawrence Livermore National Laboratory, stated in a reply to a letter from James Tripodes, Chair of the California Radioactive Materials Management Forum, that "I agree fully with your statement that tritium is not a good measure of moisture infiltration in arid regions." Mr. Davis continued,"I agree fully that the California Department of Health Services should determine what additional tests, if any, should (be) made, when they are necessary, and who should do them. They have the authority and responsibility in this matter." - Public Law 99-240, the low-Level Radioactive Waste Policy Amendments Act of 1985 (Amendments Act), required each state to provide for the disposal of LLW generated within its borders by January 1,1993. It also required the Department to provide ongoing technical assistance to states develeping LLW disposal capacity, subject to Congressional appropriations. * Under authonty of the Nuclear Regulatory's Agreement State Program (1959 Agreement | . ! States Amendmen: to the Atomi.c Energy Act of 1954) Califomia issued a license for the disposal site in September 1993 that was conditioned upon the transfer of the land from the Bureau of Land Management. The license has withstood all coun challenges including a January decision by the | California Supreme Coun to decline review of an Appellate Court ruling which found the opponents' challenges were "without merit." + Califomia has committed in writing to perform all tests recommended by the NAS after the land is transferred. - In a letter to the Director of the Lawrence Livermore National Laboratory, legal counsel to US Ecology, Inc., the designated licensee, states that, "this action may expose the Laboratory to damage claims by US Ecology, Inc.....the State of California....the other Southwestern LLRW Disposal Compact member states (Arizona, South and Nonh Dakota), and the Compact's LLRW generators." In addition, the letter states that,"It is inevitable that project opponents will challenge the Laboratory's testing protocols and procedures, as well as any results produced." - Governor Pete Wilson stated in a February 16,1996, press release that,"If the White ; House and the Depanment of Interior continue to stand in the way of California's comphance with the LLRW Policy Act, then the Act has been rendered unworkable and must be replaced with a new law that gives this responsibility to the very federal officials who now refuse to leave it to the j states." DJSCUSSION | 6 Since the first national low-level waste legislation was passed in 1980, the Department has established protocols to ensure that requests for technical assistance would be consistent with the ' intent of the legislation. One of these protocols requires that requests for technical assistance come ) from the State or compact officials directly involved in complying with the legislation. Not only is ; this request from the Depanment of Interior clearly not technical assistance to States and compacts under applicable legislation, it is in direct opposition to Califomia's decision on how to implement the NAS' recommendations and may be contrary to the interests of the private firm which has invested more than $60 million of its own funds, consistent with existing law, to obtain a license. - California and its licensee are adamant that the licensing process was thomugh and that the current requests by the Department of Interior are based solely on politics and not the health and safety of Califomians. California's 100,000 pages of administrative record on Ward Valley has been upheld by the State Supreme Court. - California is the first State to issue a license since passage of the Act and under NRC's 10 CFR Pan 61 regulations. Should we not support an agreement state that has met all regulatory requirements, the Department's relationship with the Nuclear Regulatory Commission could be unnecessarily strained and negative signal would be sent to other States currently involved in the licensing process. A failure to suppon Califomia would cast a chill on future effons to implement both the law and the regulations and increase the likelihood that Congress would have to revisit the 1985 Act, an action that Congressional leadership has repeatedly refused to do since the Act's passage. I Therefore, delays imposed on'Califomia by the Feds will no doubt raise the ire of Congress and thnist DOE in the middle of the controversy to the extent we participate or support such delays. - Interior's concern that the facility lacks an environmental monitoring system has no basis ; in fact. DOE assisted the State in designing the monitoring system required by license which | improves upon the state of the an as reflected by current practices. - The long, productive relationship with the NAS and the National Research Council, could . ' . also be undermined if DOE ignores the NAS' recommendations on both the uming of the tests and which tests should be performed to confirm site characterization findings. * The $150,000 estir.iate for the work covers only analyzing the samples delivered to . Lawrence Livermore. Su'ostantial additional costs would be incurred in sample preparation. It is also unclear at this time that Quality Assurance requirements have been factored into the estimates. These costs would be bome either the Department of Interior or the Department of Energy if the tests if were preformed now. California would pay for them if the tests were to proceed after the land is transferred. * Given the time necessary to organize the work, take the samples, and perform the analyses under an appropriate Quality Assurance program, it i.4 highly unlikely that the tests could be done within the four months envisioned by Interior. * This is a no win situation for the Deparunent and Lawrence Livermore. If the results of the testing are favorable, past history indicates that opponents will contest the results and possibly sue. If the results are not favorable, California and the states comprising the Southwestern Compact region could join US Ecology in a suit. _ _ Memorandum TO: John Greeves FROM: Doruta Horn DATE: August 20,1996 SUBJECT: Ward Valley Project , 1 -(. The attached is being sent to you for your information. Ifyou have any questions, please let me know. | | | | | 3 | ^h i g$8 >; w c g[ from the desk oL /[h, #$+ f Donna M. Horn (f Governrnent Affairs Coordinator U5 Ecology,Inc. 929 N. Val Vista Drive Suite 107142 Gilbert, AZ 85234 800-409 2251 602-507-2251 fn: 602-507-8469 i >. t ___ ___ ._.-_ _ _ .__... _ _ ___. - _ _ _ _ _ . _ . _ _ . _ _ _ . l . sTAM oF cEl_f. ""^iTH AND WELFARE AGENCY PEM WluiON, Govi DEPARTMENT OF HEALTH SERVICES rwr44 e smarr i P.o. scK ter32 , sAcRMeno, CA sease.7sto ' (916) 657-1425 July 11, 1996 . Mr. Edward Hastey State Director U.S. Bureau of Land Management 2800 Cottage Way ; Sacramento, CA 95825 l | 1 WARD VALLEY SUPPLEMENTAL ENVIRONMENTAL IMPACT STATEMENT | Dear Mr. Hastey: On May 17, 1996 the Bureau of Land Management (BLM) issued a "Public Workshop Notice" stating that BLM is preparing a Supplemental Environmental Impact Statement (SEIS) regarding the , sale of federal land at Ward Valley to the State of California | and inviting the public as part of a scoping process to " identify any new information or issues to be considered in the document." BLM also issued a Notice of Intent to prepare the SEIS.