National Governors Association Federal Facilities Task Force States-Only Session

1. National Governors Association Federal Facilities Task ForceStates-Only Session June 21, 2005 Washington, DC Prepared by Ross & Associates Environmental Consulting, Ltd., for submission under Contract with the National Governors’ Association Center for Best Practices. The preparation of this document was financed in part by funds provided by the U.S. Department of Energy, Grant No, DE-FG02-97FT34337

2. This Morning’s Agenda • Introductory overview (these slides) • Roundtable of states • Discussion of key issues • NRDA • Waste Management • Funding • Long-term Stewardship • Others? • Fall Intergovernmental (5-group) Meeting with DOE • NGA Policy NR-8 Env.Compliance at Fed.Facilities

3. Introductory Overview • What’s new since we last met? • Things to consider for the Panel discussions • additional topics?

4. What’s new since we last met? • Samuel Bodman nominated and confirmed as Secretary of Energy • Paul Golan leaves (to RW-2) • Charlie Anderson of SRS is new EM-2 • James Rispoli nominated for EM-1 • From DOE Office of Engineering & Construction Mgmt. • Bruce Carnes (Assoc Deputy Secretary): • EM “makes promises it can’t keep”

6. What’s new—In Congress (1) • FY2006 Budget request to Congress • Mark Frei to provide update today • House Energy and Water Appropriations subcommittee dissatisfied with EM’s 5-year funding plan; requests quarterly updates • Senate Energy and Natural Resource committee: require DOE to report on plans to develop a facility to “store” GTCC.

7. What’s New—In Congress (2) • Congress rejects transfer of environmental responsibilities to NNSA in FY’06 • Doc Hastings (R-WA), Chair, House Cleanup Caucus • “…funding saved by the early closure…should be redirected in the FY 2007 budget to accelerate cleanup activities at other sites…” • Domenici (R-NM): rethink the compact system?

8. What’s New (Task Force Initiatives) • 5-group letter to Sec. Bodman (3/28/05) • 5 priorities: • Funding • Waste Disposition • Long-Term Stewardship • End States Initiative • Natural Resource Damage Assessment • Secretary Bodman’s response (4/26/05) • “…it is my intention to continue this cooperative relationship…” • Should we try to engage him? If so, how?

9. What’s New—Panel Discussion Topics • Natural Resource Damage Assessment • Waste Management

10. What’s New—Natural Resource Damage Assessment • Conference calls with Matthew Duchesne, DOE • DOE-EM meeting in January on NRDA • Set of 17 research questions generated • Draft answers in review at DOJ • Interior—Formal advisory committee on NRDA launched Feb.2005 • EIS—if labeled “Irretrievable commitment of resources”—no damages recoverable

11. Natural Resource Damage Assessment • Today’s panel: • DOE, DOD, Interior, NOAA, EPA, State (OH) • How are we doing? • Lessons learned? Best Practices? • What’s needed to make more progress?

12. What’s New—Waste Management • FEDRAD 2005 conference (St.Louis) • Targeted mainly at vendors • “LLW and MLLW National Business Strategy” • Waste Management panel tomorrow • Florida Int’l Univ—waste data? • DOE Advance Notice of EIS for GTCC • Comments provided by NV and WA

13. Waste Management (history) • WM is the founding reason for this Task Force • WM is one of our five priorities per letter to Secretary Bodman • Original waste stream data was collected by DOE at states’ behest • Analysis led to “mileage charts” – what waste moves where, and why?

14. Waste Management(recent history) • SSAB chairs’ letter (Nov.2004) • Identified “vulnerabilities in existing waste disposition assumptions” • E.g., pre-1970 TRU waste • Orphan waste • Concerns of potential “gridlock” • Recommended a national forum by the end of 2005 to develop solutions to DOE’s system-wide waste and material disposition challenges.

15. Waste Management Desired outcome? • What would you like to see come out of this panel?Ideas-- • Set in motion meaningful interaction with states on DOE’s National Disposition Strategy? • Ensure states are in review loop on new data collection effort? • Reemphasize the importance of being able to see the big picture of waste movement? • Ensure focus on vendors is not at expense of states? • Other?

16. What’s New—Institutional Controls • DOE Draft guidance for implementing institutional controls • Comments from OR • Env.Law Institute/RFF publication: • Provides framework for costs of ICs • UECA law enacted in nine states • IA, KY, MD, ME, NB, NV, OH, SD, WV

17. What’s New—other • NAS studies (Kevin Crowley) • Risk and Decisions about Disposition of TRU and HLW • Improving the Characterization and Treatment of Radioactive Waste for the DOE’s Accelerated Site Cleanup Program • status: Management of Certain Radioactive Waste Streams Stored in Tanks at Three DOE Sites • End States initiative (Bob Goldsmith)—progress at the site level

18. What’s New--Site Specific • CO: • Rocky Flats cleanup nearing completion • DOE drops objection to CO covenants law • NM: • Final RFP for LANL management contractor issued • WIPP: EPA recertification process ongoing • Louisiana Energy Services—U enrichment plant • OH: • Fernald silo waste to Texas (WCS facility) • Fernald CAB extended to March 2006 pending DOE-LM’s Local Stakeholder Organization

19. What’s New--Site Specific (2) • NY: • West Valley ROD--June 9, 2005 • LLW & MLLW to Commercial /NTS / Hanford • HLW stored on-site as vitrified waste in canisters pending a geologic repository. (70 FR 35073) • TRU decision deferred • WA: • I-297 court case • 34 m3 of TRU allowed in from Battelle, Ohio • Vit Plant: seismic problems? • Hanford budget • Waste reclassification issue • Various: challenges to DOE’s contracting process

20. Discussion • 5 priorities: • Funding • Waste Disposition • Long-Term Stewardship • End States Initiative • Natural Resource Damage Assessment • Whether & How to engage Bodman; Rispoli?

21. The End • On to Roundtable of states • Documents available at: www.fftfcleanupnews.org (Slides with backup information follow)