Administration
Mining Regulations and Reclamation
Water Pollution Control
Facismile 687-5856

Air Quality
Water Quality Planning
Facismile 687-6396

Gerald Johnson, Manager
U.S. Department of Energy
Nevada Operations Office
P.O. Box 98518
Las Vegas, NV 89193-8518

Re: Defense Program Funding -- Environmental Restoration and Waste Management Program Activities at the Nevada Test Site

Dear Mr. Johnson:

In recent comments submitted by the State of Nevada on the U.S. Department of Energy's (DOE) 2006 national and site specific cleanup plans, State officials noted that DOE "failed to assess a complete and comprehensive long-term remediation program for the Nevada Test Site ⁽¹⁾ (NTS)." The State found that DOE's cleanup plan(s) were limited in scope and "failed to include all potential remediation activities necessary to achieve desired end states⁽²⁾ at the NTS."

The State's reviews of these plans strongly suggest that DOE Defense Programs (DP) is delinquent in meeting the department's responsibilities to address cleanup of all contaminated sites (i.e., selected industrial sites and contaminated facilities) on the NTS. Moreover, without an external driver (i.e., consent order) it is apparent that DP is either unable or unmotivated to prioritize cleanup activities, which are under DP's jurisdiction, in a timely manner.

State officials recognize that the NTS is a DOE Defense Program (DP) site, and that most facilities (e.g., 1,500 structures and certain land use areas) are outside the present scope of planned Environmental Management (EM) program activities. Nevertheless, DP has accepted the responsible for remediation of industrial sites and contaminated facilities and we believe this responsibility must be undertaken at least in the same manner and within the same general times frames proposed by the EM program.

State officials contend that a comprehensive long-term remediation program for the entire site must be fully documented and undertaken within an agreed upon time frame. Moreover, a coordinated remediation program must be established no matter which DOE organization has "claimed" ownership responsibility of contaminated site(s).

We are aware that DP is responsible for certain industrial sites that were not considered in EMs' "comprehensive" prioritization process for achieving desired end states at the NTS, (i.e., as discussed in the Paths to Closure document). Specifically, a contractor report s⁽³⁾ indicates that several of DP's remediation sites can be completed by FY2008, if the annual spending levels are increased. If DP spending is not increased, however, DOE would still require staff and contractors to complete these cleanup actions long after the EM cleanup program has ended.

As the site's landlord, DP programs will be responsible for all remaining contaminated industrial sites left unaddressed through the Paths to Closure "2006" cleanup process. As well, if the EM program is "completed" and closed, DP will be responsible for all long-term surveillance and maintenance costs defined by DOE\EM through agreements with the State of Nevada.

Given these considerations, State officials strongly encourage DOE to insure that a comprehensive cleanup plan for the NTS is undertaken with agreed upon time frames -- regardless of internal DP/EM program responsibilities.

I look forward to working with you on this issue and would like to discuss the points outlined in this letter at your convenience. I can be contacted at 687-4670 ext 3039.

Sincerely,

Paul J. Liebendorfer, P.E.
Bureau of Federal Facilities

PL/jbw
cc:

Dodgion, Environmental Protection
John B. Walker (Gov/Policy Rep - DOE\EM)
EM1\DOE-HQ
Joe Fiore DOE/NV C. Gertz\ S. Mellington DOE/NV
Earle Dixon, CAB
Ann Beauchesne, NGA

 
ENDNOTE

(1) See State of Nevada Comments dated May 1, 1998 from Robert R. Loux, [NWPO] to Mr. Gene Schmitt, U.S. Department of Energy, Office of Environmental Management. "Accelerating Cleanup, Paths to Closure" [DOE/EM-0342], February 1998.

(2) DOE's description of "End States" could be characterized as deactivation or decommission of all facilities, excluding long-term surveillance and monitoring; cleanup of "releases" to the environment; containment of groundwater contamination; and stabilization and/or disposal of nuclear material and legacy waste. (See Paths to Closure, [DOE/EM-0342] page 19.

(3) See "Proposed Defense Programs Environmental Restoration Schedule and Budget, Fiscal Year 1999 - Completion, Nevada Test Site, Nevada". Bechtel Nevada, April 1998.