State of Nevada Division of Environmental Protection

1. State of NevadaDivision of Environmental Protection NDEP Oversight of UGTA Vision for the Future May 30, 2002 http://ndep.state.nv.us/boff/devilshole.htm

2. State of Nevada - Department of Conservation and Natural Resources - Division of Environmental Protection - Bureau of Federal Facilities

3. NDEP - Mission Statement Protect and enhance the environment of the State of Nevada consistent with the public health and enjoyment, the propagation and protection of terrestrial and aquatic life, the operation of existing industries, the pursuit of agriculture, and economic development activities.

4. Nevada Division of Environmental Protection • NDEP Bureaus • 1) Air Pollution Control • 2) Air Quality Planning • 3) Mining • 4) Water Pollution Control • 5) Water Quality Planning • 6) Waste Management • 7) Corrective Actions • 8) Federal Facilities

5. NDEPBureau of Federal Facilities • Created in 1990 to provide programmatic and regulatory oversight of federal facilities in NV • In southern NV this includes Nellis Test and Training Range, Indian Springs, and Tonopah Test Range • Represents interests of all NDEP bureaus • Assists other state agencies at these facilities

6. Bureau of Federal FacilitiesFederal Facilities Covered Within theDeath Valley GW Flow System • Nevada Test Site (DOE) • Tonopah Test Range (DOE) • Nellis Air Force Range (DOD) • Indian Springs Air Force Auxiliary Field (DOD)

7. Federal Facilities in the Death Valley GW Flow System

8. NDEP Environmental Oversight of NTS Programs FY 1991 - NDEP entered into an Agreement in Principal (AIP) for environmental oversight of DOE NTS activities. This included all ongoing program activities, as well as review of all historic contamination In 1996 NDEP entered into the Federal Facility Agreement and Consent Order (FFACO), a formal consent order addressing actions necessary to remediate historic contamination

9. FFACO • The purpose of the FFACO is to identify sites of potential historic contamination and implement corrective actions based on public health and environmental considerations • The FFACO outlines a process to insure that DOE thoroughly investigates and takes corrective action to mitigate the release of hazardous pollutants • Covers NTS, TTR, NAFR, CNTA, PSA

10. DOE Program Evolution Hydrologic Resource Management Program (HRMP) Ground Water Characterization Program –1989 (GCP) Underground Test Area Project –1994 (UGTA) Background --History of Groundwater Investigations on the NTS

11. Depiction of Underground Nuclear Blast

12. Environmental Investigations at NTS The FFACO includes provisions for: • Soils Investigations • Industrial Sites • Underground Test Area (UGTA) • Offsites – Central NV Test Area, Project Shoal

13. NRS 445a.415 - “Waters of the State” “Waters of the state” means all waters situated wholly or partly within or bordering upon this state, including but not limited to: All streams, lakes, ponds, impounding reservoirs, marshes, water courses, waterways, wells, springs, irrigation systems, and drainage systems, andall bodies or accumulations of water, surface and underground, natural or artificial.

14. Ash Meadows Nevada

15. NRS 445a.465 - Protection of Waters of the State Except as authorized by a permit …, it is unlawful for any person to: 1. Discharge from any point source any pollutant into any waters of the State or any treatment works. 2. Inject fluids through a well into any waters of the State.

16. NRS 445a.465 - Protection of Waters of the State, cont. Except as authorized by a permit …, it is unlawful for any person to: 3. Discharge from a point source a pollutant or inject fluids through a well that could be carried into the water of the State by any means. 4. Allow a pollutant discharged from a point source or fluids injected through a well to remain in a place where the pollutant or fluids could be carried into the waters of the state by any means.

17. Corrective Action Authority NDEP’s Authority Comes From: • NRS and NAC • Clean Water Act • Agreement in Principle between State, NNSA, and DOD • Federal Facilities Agreement and Consent Order • Environmental Permits

18. UnderGround Test Area Project Investigate nuclear testing effects on groundwater at the Nevada Test Site Identify risks resulting from underground nuclear testing Predict groundwater movement of contaminated groundwater Determine whether radionuclides have moved appreciable distances Define boundaries for safe water use and establish long-term monitoring network

20. Subsidence Craters

21. The UGTA Corrective Action Strategy Corrective Action Investigation Plan Corrective Action Investigation Corrective Action Decision Document Corrective Action Plan Closure Long Term Monitoring

22. Define / Negotiate CAU Boundaries Contaminant Boundary (model-predicted perimeter) • Defines the extent of radionuclide-contaminated groundwater from underground testing exceeding the Safe Drinking Water Act (SDWA) standards • Composed of both a perimeter boundary and a lower hydrostratigraphic unit boundary • The computer model predicts the location of this boundary within 1,000 years and must do so at a 95% level of confidence

23. Define / Negotiate CAU Boundaries(continued) Compliance Boundary (Regulatory Perimeter) From the contaminant boundary predicted by the computer model, a compliance boundary will be negotiated between NDEP and DOE The compliance boundary will define the area within which the radiological contaminants above the SDWA standards relative to background are to remain

24. Define / Negotiate CAU Boundaries(continued) The compliance boundary may or may not coincide with the contaminant boundary If the predicted location of the contaminant boundary cannot be accepted as the compliance boundary, an alternate compliance boundary will be negotiated by both parties

25. Containment Control or Long Term Monitoring? If containment control will be required then DOE develops contaminant control Corrective Action Plan (CAP) If Long-Term Monitoring is sufficient for CAU surveillance, then DOE develops monitoring CAP NDEP approval is required before proceeding to 5 year Proof of Concept Monitoring

26. Five Year Proof of Concept(applies to both containment control & LTM) If long term monitoring is required: Groundwater wells in the monitoring network determine if the network design provides adequate CAU surveillance Measurements of field parameters will be used to demonstrate if model is capable of making reasonable predictions that fall within an acceptable level of confidence

27. Long Term Closure Monitoring • NDEP Approval of Closure Report required before proceeding to Long Term Closure Monitoring • DOE performs long-term monitoring in accordance with a Closure Report • NDEP reviews periodic monitoring results, verifies that the monitoring provisions in the Closure Report are followed, and ensures that contamination remains contained

28. NDEP’s Objectives Protect the Waters of the State Ensure contaminants are acceptably contained and that further degradation of Nevada’s water resources is prevented Make available as much of the water resource for future regional growth and development as reasonably practical

29. Growth Continues …Source: Acevedo et al., USGS

30. … and so will the Demand for Water!

31. NDEP’s Needs Knowledge and understanding of the regional, NTS-scale, and CAU-scale hydrogeologic setting and phenomena Ability to monitor and predict the migration of contaminants, and demonstrate acceptable containment Ability to estimate the impact of current and future regional water usage

32. NDEP’s Goals and Vision • Produce robust models of contaminant transport, which can be used as tools for water resource protection and development as demands on the resource change over time • Agree on compliance boundaries that are both technically supported and administratively reasonable http://ndep.state.nv.us/boff/devilshole.htm