Administration
Water Pollution Control
Facsimile 687-5856

Mining Regulations and Reclamation
Facsimile 684-5259

Air Quality
Water Quality Planning
Facsimile 687-6396

February 28, 2000

Carl Gertz
Environmental Management
U.S. Department of Energy
P.O. Box 98518
Las Vegas, Nevada 89193-8518

RE: Hydrologic Data Collection & Funding Requirements To Support The U.S. Department of Energy's (DOE) Underground Test Area (UGTA) Sub-Project Site Investigations/Corrective Action Program For The Nevada Test Site (NTS)

Dear Mr. Gertz:

     The Nevada Division of Environmental Protection (NDEP) has reviewed the U.S. Department of Energy's baseline budget document for the Nevada Test Site, and offsite locations for FY 2000 and beyond.⁽¹⁾  The focus of the review was on DOE's Underground Test Area Sub-Project program. Overall, the review identified significant funding deficiencies relative to needed data collection plans for UGTA program activities as stipulated under the State/DoD/DOE Federal Facility Agreement and Consent Order (FFACO).⁽²⁾  The results of the review indicate clearly that data collection activities in addition to those contained in the baseline document will be necessary. Specifically, NDEP staff identified data acquisition and associated funding deficiencies in the near term for the Frenchman Flat, and the Pahute Mesa UGTA Corrective Action Investigation Plans (CAIPs).⁽³⁾  Moreover, it is entirely likely that similar funding deficiencies will be identified for other UGTA projects such as the Yucca Flat Corrective Action Unit (CAU) and offsite test areas in central Nevada.

     The collection of these additional data are required to satisfy the UGTA-related regulatory concerns identified by NDEP comments in the conditional approval letters for the Corrective Action Investigation Plans for the Frenchman Flat and Pahute Mesa CAUs.⁽⁴⁾  As noted in these letters, NDEP is requiring additional data related to site- specific hydrogeologic characteristics, source term(s) and contaminant movement. The installation of independent wells for model verification at both the Frenchman Flat and Pahute Mesa CAUs is also needed. The fact that additional well installation and associated data collection are needed means that funding in addition to that projected in the baseline document, will be required beginning in FY 2001.

     DOE's baseline document for the Environmental Management program at the NTS details the activities and associated funding approved for FY 2000 along with requested funding for FY 2001 and succeeding outyears. Activities and associated funds for the UGTA program can be divided into three categories: [1] committed activities and funding, [2] well program contingency for which funding has been requested, and [3] "risk" well program contingency, which consists of well program contingency funding requirements identified -- but not requested.

     For FY 2001 and FY 2002 the baseline document identifies combined UGTA well program funds in the amount of $12.7 million which have been requested. Additional UGTA well program funds in the amount of about $21.4 million for FY 2001 and FY 2002 combined are shown as contingency funds that have not been requested.⁽⁵⁾  Even if all of these funds were requested and received, it is NDEP's position that they would be insufficient to satisfy UGTA data needs per the FFACO regulatory requirements.

     In the baseline document it is stated that "Activities within the UGTA program are assumed to be as defined in the FFACO Corrective Action Strategy which currently assumes that existing data combined with new data from existing wells is sufficient to model all CAUs and to define contaminant boundaries." DOE continues to assert it is appropriate to proceed under this assumption even though in 1997, a year after the signing of the FFACO, it became evident this basic assumption
was no longer valid.⁽⁶⁾

     More recent events⁽⁷⁾  have also demonstrated that DOE's continual reliance on this assumption as the basis for its initial approach is not viable and that instead, drilling additional wells and collection of new data from these additional wells will be necessary to satisfy the requirements stipulated under the FFACO. In addition, in the letter conditionally approving the Frenchman Flat Corrective Action Investigation Plan and the letter containing the NDEP review of the draft Frenchman Flat modeling documents ⁽⁸⁾, NDEP explicitly identified the need for additional data from new wells .⁽⁹⁾

     DOE's assumptions outlined in the baseline document suggests that increased funding to acquire additional data for modeling efforts associated with the UGTA program is not necessary. NDEP officials disagree with this assumption as noted in comments provided regarding the CAIP documents referenced above.

     As DOE is aware, the determination of well locations and actual numbers of wells is best made through the iterative process of drilling, data collection, data analysis including modeling, and then drilling, collecting data, and modeling again. DOE's premise that funding to support a "once through cycle" of this site investigation process is sufficient -- has been demonstrated to be inadequate.

      The State has suggested that approximately $40 million in additional funding (in the near-term) is the minimum required to support an acceptable drilling program and initial data collection effort to support the UGTA program at the NTS.⁽¹⁰⁾  This minimal funding increase, proposed for FY 2001, will be necessary for DOE to begin to acquire basic information necessary to potentially understand and acceptably address the extent of contamination and how it is migrating in the hydrogeologic systems underlying the test areas beneath the NTS. To be compliant with the FFACO, it is incumbent on DOE to seek this necessary funding to carry out the activities of the UGTA program.

     In a letter dated February 16, 2000,⁽¹¹⁾ DOE/NV states, among other things, that it is currently revising the UGTA portion of the baseline document. It is strongly suggested that this revision be such as to begin to address the data collection and related funding deficiencies identified by NDEP for the UGTA program.

     If you have questions regarding this matter please contact me at (775) 687-4670 Ex. 3039.

Sincerely,

Paul J. Liebendorfer, P.E.

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

PJL/JW/CC/jw
cc: Allen Biaggi, NDEP
Bob Loux, NWPO
Earle Dixon, CAB Technical Advisor
Jeff Johnson, NDEP/CC
Mike McKinnon, NDEP/LV
Runore C. Wycoff, DOE/ERD
Dave Bedsun, DTRA
Ken Hoar, DOE/EPD
Patti Hall, DOE/ERD
Robert Bangerter, DOE/ERD

ENDNOTES

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