Environmental Compliance

Qualification Standard

Reference Guide

DECEMBER 2011

Table of Contents

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LIST OF FIGURES ..................................................................................................................... iii LIST OF TABLES ....................................................................................................................... iii ACRONYMS ................................................................................................................................ iv PURPOSE ...................................................................................................................................... 1 SCOPE ........................................................................................................................................... 1 PREFACE ...................................................................................................................................... 1 TECHNICAL COMPETENCIES ............................................................................................... 2 1. Environmental compliance personnel must demonstrate a familiarity level knowledge of

chemistry and corrosion. ........................................................................................................... 2 2. Environmental compliance personnel must demonstrate a familiarity level knowledge of

water and air treatment processes and technologies. ................................................................ 6 3. Environmental compliance personnel must demonstrate a familiarity level knowledge of

solving problems involving probability and simple statistics. ................................................ 11 4. Environmental compliance personnel must demonstrate a familiarity level knowledge of

the basic principles and concepts of hydrology. ..................................................................... 16 5. Environmental compliance personnel must demonstrate a familiarity level knowledge of

the basic principles and concepts of meteorology. ................................................................. 19 6. Environmental compliance personnel must demonstrate a familiarity level knowledge of

the basic terms and concepts of environmental biology. ........................................................ 27 7. Environmental compliance personnel must demonstrate a familiarity level knowledge of

engineering and construction drawings. ................................................................................. 28 8. Environmental compliance personnel must demonstrate a familiarity level knowledge of

environmental monitoring techniques and equipment. ........................................................... 28 9. Environmental compliance personnel must demonstrate a familiarity level knowledge of

the safety-related requirements for hazardous substances. ..................................................... 50 10. Environmental compliance personnel must demonstrate a familiarity level knowledge of

regulatory requirements related to the collection and analysis of environmental monitoring and surveillance samples and analysis of data. .................................................... 53

11. Environmental compliance personnel must demonstrate a working level knowledge of the negotiation and management of regulatory agreements and permits. ............................... 63

12. Environmental compliance personnel must demonstrate a familiarity level knowledge of how environmental laws and regulations are enforced. .......................................................... 71

13. Environmental compliance personnel must demonstrate a familiarity level knowledge of the Clean Air Act (CAA) and implementing regulations. ...................................................... 77

14. Environmental compliance personnel must demonstrate a familiarity level knowledge of the following laws and regulations as related to the environmental medium of water: ......... 87

15. Environmental compliance personnel must demonstrate a familiarity level knowledge of the National Environmental Policy Act (NEPA) and its implementation requirements in the Department of Energy. .................................................................................................... 101

16. Environmental compliance personnel must demonstrate a familiarity level knowledge of documents prepared from the NEPA review of a DOE Federal action and their implications to DOE’s operations. ........................................................................................ 105

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17. Environmental compliance personnel must demonstrate a familiarity level knowledge of the following laws, regulations, and Department of Energy Orders as related to radiation protection of the public and environment: ............................................................................ 111

18. Environmental compliance personnel must demonstrate a familiarity level knowledge of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)/Superfund Amendments Act (SARA) regulations. ........................................... 115

19. Environmental compliance personnel must demonstrate a familiarity level knowledge of the supporting environmental laws and regulations including: ............................................ 127

20. Environmental compliance personnel must demonstrate a familiarity level knowledge of the requirements for quality assurance, and managing and reporting of environmental compliance data. ................................................................................................................... 131

21. Environmental Compliance personnel must demonstrate a familiarity level knowledge of hazardous waste as described in 40 CFR, Resource Conservation and Recovery Act and state authorized RCRA programs. ........................................................................................ 138

22. Environmental Compliance personnel must demonstrate a familiarity level knowledge of the requirements for management of radioactive waste as described in:.............................. 154

23. Environmental compliance personnel must demonstrate a working level knowledge of the requirements for and elements of Environmental Management Systems (EMSs). ........ 166

24. Environmental compliance personnel must demonstrate the ability to appraise the contractor’s program(s) and/or permits to assess compliance with environmental regulatory requirements. ....................................................................................................... 173

Selected Bibliography and Suggested Reading ...................................................................... 177

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Figures Figure 1. The water cycle ..............................................................................................................17 Figure 2. A wind rose ....................................................................................................................21 Figure 3. Schematic representation of Gaussian plume ................................................................22 Figure 4. Dry adiabatic lapse rate .................................................................................................23 Figure 5. Prevailing lapse rate .......................................................................................................24 Figure 6. Neutral lapse rate ...........................................................................................................24 Figure 7. Subadiabatic or weak lapse rate.....................................................................................25 Figure 8. Lapse rate showing a temperature inversion .................................................................26 Figure 9. A superadiabatic environmental lapse rate ....................................................................26 Figure 10. Examples of nonisokinetic open-mouth samplers .......................................................38 Figure 11. Soil augers and tubes ...................................................................................................41 Figure 12. Project life-cycle components .....................................................................................60 Figure 13. The NEPA process.....................................................................................................104 Figure 14. Selecting the appropriate NEPA document ...............................................................110 Figure 15. PCB mark ..................................................................................................................129 Figure 16. ISMS/EMS assessment process flow chart ...............................................................174

Tables Table 1. Sample container specifications ......................................................................................49 Table 2. Overview of the contents of RCRA permit applications ..............................................175

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ACRONYMS ADR alternative dispute resolution AEA Atomic Energy Act ALARA as low as reasonably achievable ANSI American National Standards Institute ASTM American Society for Testing and Materials BACT best available control technology BAMM best available monitoring method BAT best availability technology BMP best management practice BOD biochemical on demand CAA Clean Air Act CERCLA Comprehensive Environmental Response, Compensation, and Liability Act CE (or CX) categorical exclusion CEQ Council on Environmental Quality CFR Code of Federal Regulations CLP contract laboratory program cm centimeter CMR chemistry and metallurgy research building CMS corrective measures study CRD contractor requirements document CWA Clean Water Act DOE U.S. Department of Energy DOECAP DOE consolidated audit program DQO data quality objective EA environmental assessment EAB Environmental Appeals Board ECR environmental conflict resolution EIS environmental impact statement EML environmental measurements laboratory EMP environmental management plan EMS environmental management system EO Executive Order EPA U.S. Environmental Protection Agency EPCRA Emergency Planning and Community Right-to-Know Act ERPP environmental radiological protection program ESA Endangered Species Act FAQS functional area qualification standard FFCA Federal Facilities Compliance Act FIFRA Federal Insecticide, Fungicide, and Rodenticide Act FONSI finding of no significant impact FS feasibility study FY fiscal year GHG greenhouse gas

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ACRONYMS GHGRP greenhouse gas reporting program G/MAP gaseous/mixed air activation products GPO government printing office GWP global warming potential HAP hazardous air pollutant HCFC hydrochlorofluorocarbon HEPA high-efficiency particulate air (filter) HPAL health physics analysis laboratory HPS Health Physics Society HRS hazard ranking system HTO water molecule IAG interagency agreement IDQTF intergovernmental data quality task force ISMS Integrated safety management system ISO International Organization for Standardization kg kilogram km kilometer KSA knowledge, skill, and ability L liter LANL Los Alamos National Laboratory LDR land disposal restrictions LEPC local emergency planning committee LLNL Lawrence Livermore National Laboratory LSC liquid scintillation counting LTS long-term stewardship m mass, or meter MACT maximum achievable control technology MCL maximum contaminant level MCLG maximum contaminant level goal MEI maximally exposed individual MeV million electron volts mg/l milligrams/liter ml milliliter mm millimeter MRD mean relative difference mrem millirem MS4 municipal separate storm sewer system MSGP multi-sector general permit MSHA Mine Safety and Health Act MSWLF municipal solid waste landfills NAAQS national ambient air quality standards NCO NEPA compliance officer NCP national contingency plan

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ACRONYMS NEPA National Environmental Policy Act NESHAP National Emission Standards for Hazardous Air Pollutants NNSA National Nuclear Security Administration NPDES National Pollutant Discharge Elimination System NPL national priorities list NRC Nuclear Regulatory Commission NRD natural resource damages NRT national response team NSPS new source performance standards O&M operation and maintenance OMB Office of Management and Budget OPA Oil Pollution Act OSC onsite coordinator oz ounce PAAA Price-Anderson Amendments Act P&IDs engineering field diagrams and prints PA preliminary assessment PAG protection action guide PCB polychlorinated biphenyl pCi picocurie PE potential energy pH hydrogen ion concentration PM2.5 particulate matter ≤ 2.5 micrometers in diameter PM10 particulate matter ≤ 10 micrometers in diameter pOH hydroxyl ion concentration POTWs publicly owned treatment works PPA Pollution Prevention Act ppb parts per billion ppm parts per million ppt parts per trillion PRP potentially responsible party PSD prevention of significant deterioration QA quality assurance QAP quality assurance program QC quality control QMP quality management plan QS quality system RA remedial action RCRA Resource Conservation and Recovery Act RD remedial design RFI RCRA facility investigation RI remedial investigation ROD record of decision

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ACRONYMS RPM remedial project manager RQ reportable quantity SARA Superfund Amendments and Reauthorization Act SDWA Safe Drinking Water Act SI site inspection SNM special nuclear material SPCC spill prevention, control and countermeasures SSP Site sustainability plan SSPP strategic sustainability performance plan STP site treatment plan Sv sievert TA technical area TCLP toxicity characteristic leaching procedure TPH total petroleum hydrocarbons TPO technical project officer TSCA Toxic Substances Control Act TSDF treatment, storage, and disposal facility TWTDS treatment works treating domestic sewage UFP-QS uniform Federal policy for implementing environmental quality systems UFP QAPP uniform Federal policy for quality assurance project plans UIC underground injection control USACE United States Army Corp of Engineers USC United States Code USCG United States Coast Guard USDW underground sources of drinking water USGS U.S. Geological Survey UST underground storage tank VAP vaporous activation products VOC volatile organic compound

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PURPOSE The purpose of this reference guide is to provide a document that contains the information required for a Department of Energy (DOE)/National Nuclear Security Administration (NNSA) technical employee to successfully complete the Environmental Compliance Functional Area Qualification Standard (FAQS). Information essential to meeting the qualification requirements is provided; however, some competency statements require extensive knowledge or skill development. Reproducing all the required information for those statements in this document is not practical. In those instances, references are included to guide the candidate to additional resources.

SCOPE This reference guide addresses the competency statements in the June 2011 edition of DOE-STD-1156-2011, Environmental Compliance Functional Area Qualification Standard. The qualification standard contains 24 competency statements.

Please direct your questions or comments related to this document to the NNSA Talent and Leadership Development Division.

PREFACE Competency statements and supporting knowledge and/or skill statements from the qualification standard are shown in contrasting bold type, while the corresponding information associated with each statement is provided below it.

A comprehensive list of acronyms and abbreviations is found at the beginning of this document. It is recommended that the candidate review the list prior to proceeding with the competencies, as the acronyms and abbreviations may not be further defined within the text unless special emphasis is required.

The competencies and supporting knowledge, skill, and ability (KSA) statements are taken directly from the FAQS. Most corrections to spelling, punctuation, and grammar have been made without remark. Only significant corrections to errors in the technical content of the discussion text source material are identified. Editorial changes that do not affect the technical content (e.g., grammatical or spelling corrections, and changes to style) appear without remark. When they are needed for clarification, explanations are enclosed in brackets.

Every effort has been made to provide the most current information and references available as of December 2011. However, the candidate is advised to verify the applicability of the information provided. It is recognized that some personnel may oversee facilities that utilize predecessor documents to those identified. In those cases, such documents should be included in local qualification standards via the Technical Qualification Program.

In the cases where information about an FAQS topic in a competency or KSA statement is not available in the newest edition of a standard (consensus or industry), an older version is referenced. These references are noted in the text and in the bibliography.

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TECHNICAL COMPETENCIES

GENERAL TECHNICAL

Chemistry Fundamentals

1. Environmental compliance personnel must demonstrate a familiarity level knowledge of chemistry and corrosion.

a. Define and discuss the following terms: Mixture Solvent Solute Solution Solubility Equilibrium Acid, base, and pH Measures of concentration, e.g., milligrams/liter (mg/l) and parts per million

(ppm) Chlorine residual Turbidity Settleable solids Total coliforms Volatile and semi-volatile organic compounds Total petroleum hydrocarbons

The following definitions are taken from DOE-HDBK-1015/1-93 unless stated otherwise.

Mixture Mixtures consist of two or more substances intermingled with no constant percentage composition. Each component retains its original properties. When a teaspoon of sugar is added to a glass of water, it will slowly dissolve into the water and disappear from view. As a result, the molecules of sugar are evenly distributed throughout the water and become mixed with the water molecules. Because the sugar and water mixture is uniform throughout, it is said to be homogeneous.

Solvent All solutions consist of a solvent and one or more solutes. The solvent is the material that dissolves the other substance(s). It is the dissolving medium. In the water-sugar solution, the water is the solvent. The substances that dissolve in the solution are called solutes. In the water-sugar solution, sugar is the solute.

Solute The substances that dissolve in the solution are called solutes. In the water-sugar solution, sugar is the solute.

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Solution A homogeneous mixture of two or more substances is called a solution. The reason solutions are classified as mixtures rather than as compounds is because the composition is not of fixed proportion.

Solubility Solubility is defined as the maximum amount of a substance that can dissolve in a given amount of solvent at a specific temperature. At this point, the solution is said to be saturated. A solution is saturated when equilibrium is established between the solute and the solvent at a particular temperature.

Equilibrium A solution is saturated when equilibrium is established between the solute and the solvent at a particular temperature. Equilibrium is the point at which the rates of the forward and reverse reactions are exactly equal for a chemical reaction if the conditions of reaction are constant.

Acid Acids are substances that dissociate in water to produce hydrogen. Examples of common acids include sulfuric acid, vinegar, aspirin, and lemon juice. Acid solutions taste sour, react with many metals to form hydrogen gas, turn litmus paper red, conduct electricity, and react with bases to form a salt and water.

Base Bases are substances that produce hydroxide ions in water solutions. An example of a common base is sodium hydroxide. Other common bases are lye, household ammonia, and most soaps. Basic solutions taste bitter and feel slippery to the touch, turn litmus paper blue, conduct electricity, and neutralize acids.

pH Many compounds dissolve in water and alter the hydrogen ion concentration. Compounds that produce hydrogen ions directly when dissolved in water are called acids, and those that produce hydroxyl ions directly when dissolved in water are called bases. To treat these aspects of chemistry more precisely, a quantitative system of expressing acidity or basicity (alkalinity) is needed. This need could be met by using the value of [H+], where [H+] is expressed in moles/liter, as a measure of acidity. pH is defined as the negative logarithm of the hydrogen concentration, represented as [H+] in moles/liter.

pH = -log[H+]

[H+] = 10-pH

Milligrams/Liter, Parts Per Million Another term used to describe the specific concentration of a solution is parts per million or ppm. The term ppm is defined as the concentration of a solution in units of one part of solute to one million parts solvent. One ppm equals one mg of solute per liter of solution. This term is usually used for very dilute solutions.

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Chlorine Residual The following is taken from the Centers for Disease Control, Safe Water Publications, Chlorine Residual Testing.

The presence of chlorine residual in drinking water indicates that: 1) a sufficient amount of chlorine was added initially to the water to inactivate the bacteria and some viruses that cause disease; and, 2) the water is protected from recontamination during storage. The presence of free residual chlorine in drinking water is correlated with the absence of disease-causing organisms, and thus is a measure of the potability of water.

Turbidity The following is taken from the State of Washington, Department of Ecology, Measuring Total Suspended Solids and Turbidity in Lakes and Streams.

Turbidity is a measurement of the optical property of water—a measure of the amount of light that is scattered and absorbed by particles in the sample. It is a simple measurement that requires the use of either a nephelometer or Jackson turbidimeter to compare a reference solution to the sample. Turbidity measurement does not require any sample preparation, other than shaking the sample bottle well before analysis. The sample is simply poured into a glass tube, placed inside the instrument with a reference solution and the result is read directly from the instrument. The nephelometer has recently become recognized as the more accurate and recommended piece of equipment for this analysis.

Settleable Solids The following is taken from Mountain Empire Community College, Wastewater, Solids Testing Procedures.

Settleable solids are those solids that will settle to the bottom of an Imhoff cone in a given time period. In the lab analysis, the mixed wastewater sample is quickly poured into an Imhoff cone and allowed to stand undisturbed for the desired time, usually after sixty minutes. At the end of the given time period the amount of solid material that has settled to the bottom of the Imhoff cone is measured in milliliters per liter.

The settleable solids analysis is normally used to estimate the efficiency of primary clarifiers and other treatment processes by comparing the results obtained from samples collected before and after the treatment unit.

Total Coliforms The following is taken from the U.S. Environmental Protection Agency, Total Coliform Rules.

There are a variety of bacteria, parasites, and viruses that can cause health problems when humans ingest them in drinking water. Testing water for each of these germs would be difficult and expensive. Instead, water quality and public health workers measure for the presence of bacteria in drinking water using coliform bacteria as an indicator. The presence of any coliforms in drinking water suggests that there may be disease-causing agents in the water.

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The total coliform rule, which was published in 1989, set health goals and legal limits for the presence of total coliforms in drinking water. The rule also details the type and frequency of testing that water systems must undertake. The rule applies to all public water systems.

Volatile and Semi-Volatile Organic Compounds Volatile Organic Compounds The following is taken from the U.S. Environmental Protection Agency, An Introduction to Indoor Air Quality.

Volatile organic compounds (VOCs) are emitted as gases from certain solids or liquids. VOCs include a variety of chemicals, some of which may have short- and long-term adverse health effects. Concentrations of many VOCs are consistently higher indoors (up to ten times higher) than outdoors. VOCs are emitted by a wide array of products numbering in the thousands. Examples include: paints and lacquers, paint strippers, cleaning supplies, pesticides, building materials and furnishings, office equipment such as copiers and printers, correction fluids and carbonless copy paper, graphics and craft materials including glues and adhesives, permanent markers, and photographic solution.

Semi-Volatile Organic Compounds The following is taken from U.S. Environmental Protection Agency, Semi-Volatile Organic Compounds.

A semi-volatile compound is an organic compound that has a boiling point higher than water and may vaporize when exposed to temperatures above room temperature. Semi-volatile organic compounds include phenols and polynuclear aromatic hydrocarbons.

Total Petroleum Hydrocarbons The following is taken from the Agency for Toxic Substances and Disease Registry, Total Petroleum Hydrocarbons.

Total petroleum hydrocarbons (TPH) is a term used to describe a large family of several hundred chemical compounds that originally come from crude oil. Crude oil is used to make petroleum products, which can contaminate the environment. Because there are so many different chemicals in crude oil and in other petroleum products, it is not practical to measure each one separately. However, it is useful to measure the total amount of TPH at a site.

TPH is a mixture of chemicals, but they are all made mainly from hydrogen and carbon, called hydrocarbons. Scientists divide TPH into groups of petroleum hydrocarbons that act alike in soil or water. These groups are called petroleum hydrocarbon fractions. Each fraction contains many individual chemicals.

Some chemicals that may be found in TPH are hexane, jet fuels, mineral oils, benzene, toluene, xylenes, naphthalene, and fluorene, as well as other petroleum products and gasoline components. However, it is likely that samples of TPH will contain only some, or a mixture, of these chemicals.

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b. Discuss the following concepts of corrosion. The process of general corrosion of metal when exposed to water The two conditions that can cause galvanic corrosion

The Process of General Corrosion of Metal When Exposed to Water The following is taken from DOE-HDBK-1015/1-93.

Corrosion is the deterioration of a material due to interaction with its environment. Electrolysis is the decomposition by electric current (in the context of corrosion the use of electrical current to bring about chemical change). An electrolyte is an electricity-conducting fluid; that is, it has positive and negative ions that can move and constitute an electrical current. Pure water has a limited number of dissociated H+ and OH- ions and is a relatively poor conductor of electricity. Addition of acids, bases, or salts that dissociate into ions increases the current-carrying capability of the water (electrolyte). General corrosion is the process whereby the surface of a metal undergoes a slow, relatively uniform removal of material. The two conditions typically required for a metal to undergo general corrosion are: 1) metal and water in the same environment, and 2) a chemical reaction between the metal and water that forms an oxide.

The Two Conditions that can Cause Galvanic Corrosion The following is taken from DOE-HDBK-1015/1-93.

Galvanic corrosion is the corrosion that results when two dissimilar metals with different potentials are placed in electrical contact in an electrolyte. A difference in electrical potential exists between the different metals and serves as the driving force for electrical current flow through the electrolyte. This current results in corrosion of one of the metals. A method called cathodic protection is often used to retard or eliminate galvanic corrosion. One of several ways of accomplishing this is to attach a third metal to the metals to be protected. This metal must have an oxidation potential even greater than that of the metal to be protected. The most active metal then tends to corrode in place of the protected metal. The metal that corrodes to protect another metal is called a sacrificial anode. Zinc is a common sacrificial anode and is often used in cooling water systems that contain seawater.

Water and Air Treatment Technologies

2. Environmental compliance personnel must demonstrate a familiarity level knowledge of water and air treatment processes and technologies.

a. Discuss examples of treatment technologies that may be required prior to discharge of process water or for treatment of potable water.

The following is taken from the Wikipedia, Water Treatment.

Water intake at the treatment plant can come from a number of different sources. Surface waters come from rivers, lakes and reservoirs, which may have a wide range of chemistries with high mineral and metal contents, chloride levels and particulates. Groundwaters taken from underground springs, water tables and wells are low in oxygen or fully de-aerated with varying amounts of hydrogen sulfides and sulfate reducing bacteria.

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The incoming water streams are usually screened and then treated with oxidizing chemicals such as chlorine and potassium permanganate, to precipitate iron and manganese. Filters remove these precipitates, floc and particulate matter. Inside the treatment plant, additional chemical treatments using ferrous sulfate, alum, caustic soda and other reagents assist in neutralizing water streams and the precipitation of metallic ions and particulate matter.

The treated waters will often undergo a final filtration process, using stone/gravel filter beds or activated carbon, followed by a final disinfection by an oxidant such as chlorine before distribution as drinking waters.

Water purification is the removal of contaminants from untreated water to produce drinking water that is pure enough for its intended use, usually for human consumption. Substances that are removed during the process of drinking water treatment include suspended solids, bacteria, algae, viruses, fungi, minerals such as iron, manganese and sulfur, and man-made chemical pollutants including fertilizers.

It is important to provide a desirable quality of water to consumers. Measures taken to ensure this quality not only relate to the treatment of the water, but to its conveyance and distribution after treatment as well. It is therefore common practice to have residual disinfectants in the treated water in order to kill any bacteriological contamination.

World Health Organization (WHO) guidelines are generally followed throughout the world for drinking water quality requirements. In addition to the WHO guidelines, each country or territory or water supply body can have their own guidelines in order for consumers to have access to safe drinking water.

Processes for Drinking Water The combination of following processes is used for municipal drinking water treatment worldwide: Pre-chlorination—for algae control and arresting any biological growth Aeration—along with pre-chlorination for removal of dissolved iron and manganese Coagulation—for flocculation Coagulant aids, also known as polyelectrolytes to improve coagulation and for thicker

floc formation Sedimentation—for solids’ separation, that is, removal of suspended solids trapped in

the floc Filtration—removing particles from water Desalination—process of removing salt from the water Disinfection—for killing bacteria.

There is no unique solution (selection of processes) for any type of water. Also, it is difficult to standardize the solution in the form of processes for water from different sources. Treatability studies for each source of water in different seasons need to be carried out to arrive at most appropriate processes.

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b. Discuss examples of best management practices used to control pollutants in storm water runoff.

The following is taken from the U.S. Environmental Protection Agency’s Web page, National Pollutant Discharge Elimination System, National Menu of Stormwater Best Management Practices.

Construction Site Stormwater Runoff Control Dust Control—Dust control best management practices (BMPs) reduce surface activities and air movement that causes dust to be generated from disturbed soil surfaces. Dust control measures are applicable to any construction site where there is the potential for air and water pollution from dust traveling across the landscape or through the air. Dust control measures are especially important in arid or semiarid regions, where soil can become extremely dry and vulnerable to transport by high winds.

Geotextiles—Geotextiles are porous fabrics also known as filter fabrics, road rugs, synthetic fabrics, construction fabrics, or simply fabrics. Geotextiles are manufactured by weaving or bonding fibers that are often made of synthetic materials such as polypropylene, polyester, polyethylene, nylon, polyvinyl chloride, glass, and various mixtures of these materials. Geotextiles can be used as matting to stabilize the flow of channels or swales or to protect seedlings on recently planted slopes until they become established.

Riprap—Riprap is a layer of large stones used to protect soil from erosion in areas of concentrated runoff. Riprap can also be used on slopes that are unstable because of seepage problems.

Seeding—Seeding is used to control runoff and erosion on disturbed areas by establishing perennial vegetative cover from seed. It reduces erosion and sediment loss and provides permanent stabilization. This practice is economical, adaptable to different site conditions, and allows selection of a variety of plant materials.

Wind Fences and Sand Fences—Sand fences are barriers made of small, evenly spaced wooden slats or fabric. They are erected to reduce wind velocity and to trap blowing sand. Sand fences can be used as perimeter controls around open construction sites to keep sediments from being blown offsite by the wind. They also prevent offsite damage to roads, streams, and adjacent properties. The spaces between the fence slats allow wind and sediment to pass through but reduce the wind’s speed, causing sediment to deposit along the fence.

Check Dams—Check dams are relatively small, temporary structures constructed across a swale or channel. They are used to slow the velocity of concentrated water flows, a practice that helps reduce erosion. As stormwater runoff flows through the structure, the check dam catches sediment from the channel itself or from the contributing drainage area. However, check dams should not be used as a substitute for other sediment-trapping and erosion-control measures. Check dams are typically constructed out of gravel, rock, sandbags, logs or treated lumber, or straw bales. They are most effective when used with other stormwater, erosion, and sediment-control measures.

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Construction Entrances—The purpose of stabilizing entrances to a construction site is to minimize the amount of sediment leaving the area as mud and sediment attached to vehicles. Installing a pad of gravel over filter cloth where construction traffic leaves a site can help stabilize a construction entrance. As a vehicle drives over the pad, the pad removes mud and sediment from the wheels and reduces soil transport off the site. The filter cloth separates the gravel from the soil below, keeping the gravel from being ground into the soil. The fabric also reduces the amount of rutting caused by vehicle tires. It spreads the vehicle’s weight over a soil area larger than the tire width.

Fiber Rolls—Fiber rolls (also called fiber logs or straw wattles) are tube-shaped erosion-control devices filled with straw, flax, rice, coconut fiber material, or composted material. Each roll is wrapped with UV-degradable polypropylene netting for longevity or with 100 percent biodegradable materials like burlap, jute, or coir. Fiber rolls help reduce sediment loads to receiving waters by filtering runoff and capturing sediments.

Silt Fences—Silt fences are used as temporary perimeter controls around sites where construction activities will disturb the soil. They can also be used around the interior of the site. A silt fence consists of a length of filter fabric stretched between anchoring posts spaced at regular intervals along the site at low/downslope areas. The filter fabric should be entrenched in the ground between the support posts. When installed correctly and inspected frequently, silt fences can be an effective barrier to sediment leaving the site in stormwater runoff.

Storm Drain Inlet Protection—Storm drain inlet protection measures prevent soil and debris from entering storm drain drop inlets. These measures are usually temporary and are implemented before a site is disturbed. Methods of inlet protection include: excavation around the perimeter of the drop inlet; fabric barriers around inlet entrances; block and gravel protection, and placing sandbags around the drop inlet.

Straw or Hay Bales—Straw or hay bales have historically been commonly used on construction sites for erosion and sediment control as check dams, inlet protection, outlet protection, and perimeter control. Many applications of straw bales for erosion and sediment control are proving ineffective due to the nature of straw bales, inappropriate placement, inadequate installation, or a combination of all three factors. In addition, straw bales are maintenance-intensive and can be expensive to purchase. Because many applications of straw and hay bales have been ineffective, the Environmental Protection Agency (EPA) recommends that other BMP options are carefully considered.

Concrete Washout—Concrete washouts are used to contain concrete and liquids when the chutes of concrete mixers and hoppers of concrete pumps are rinsed out after delivery. The washout facilities consolidate solids for easier disposal and prevent runoff of liquids. The wash water is alkaline and contains high levels of chromium, which can leach into the ground and contaminate groundwater. It can also migrate to a storm drain, which can increase the pH of area waters and harm aquatic life. Solids that are improperly disposed of can clog storm drain pipes and cause flooding. Installing concrete washout facilities not only prevents pollution but also is a matter of good housekeeping at a construction site.

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General Construction Site Waste Management—Building materials and other construction site wastes must be properly managed and disposed of to reduce the risk of pollution from materials such as surplus or refuse building materials or hazardous wastes. Practices such as trash disposal, recycling, proper material handling, and spill prevention and cleanup measures can reduce the potential for stormwater runoff to mobilize construction site wastes and contaminate surface or groundwater.

Post-Construction Stormwater Management in New Development and Redevelopment Infiltration Basins—An infiltration basin is a shallow impoundment that is designed to infiltrate stormwater into the soil. This practice is believed to have a high pollutant removal efficiency and can also help recharge the groundwater, thus increasing baseflow to stream systems. Infiltration basins can be challenging to apply on many sites, however, because of soils requirements. In addition, some studies have shown relatively high failure rates compared with other management practices.

Porous Asphalt—Porous asphalt, also known as pervious, permeable, “popcorn,” or open-graded asphalt, is standard hot-mix asphalt with reduced sand or fines and allows water to drain through it. Porous asphalt over an aggregate storage bed will reduce stormwater runoff volume, rate, and pollutants. The reduced fines leave stable air pockets in the asphalt. The interconnected void space allows stormwater to flow through the asphalt and enter a crushed stone aggregate bedding layer and base that supports the asphalt while providing storage and runoff treatment. When properly constructed, porous asphalt is a durable and cost-competitive alternative to conventional asphalt.

c. Discuss examples of air pollution abatement equipment and technologies that may be required to treat emissions.

The following is taken from Wikipedia, Air Pollution.

Control Devices The following items are commonly used as pollution control devices by industry or transportation devices. They can either destroy contaminants or remove them from an exhaust stream before they are emitted into the atmosphere.

Particulate Control Mechanical collectors (dust cyclones, multicyclones)—Cyclonic separation is a method of removing particulates from an air, gas or water stream, without the use of filters, through vortex separation. Rotational effects and gravity are use to separate mixtures of solids and fluids.

Electrostatic precipitators—An electrostatic precipitator, or electrostatic air cleaner is a particulate collection device that removes particles from a flowing gas (such as air) using the force of an induced electrostatic charge. Electrostatic precipitators are highly efficient filtration devices that minimally impede the flow of gases through the device, and can easily remove fine particulate matter such as dust and smoke from the air stream.

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Baghouses—Designed to handle heavy dust loads, a dust collector consists of a blower, dust filter, a filter-cleaning system, and a dust receptacle or dust removal system (distinguished from air cleaners that utilize disposable filters to remove the dust).

Particulate scrubbers—Wet scrubber is a form of pollution control technology. The term describes a variety of devices that use pollutants from a furnace flue gas or from other gas streams. In a wet scrubber, the polluted gas stream is brought into contact with the scrubbing liquid, by spraying it with the liquid, by forcing it through a pool of liquid, or by some other contact method, so as to remove the pollutants.

See the Wikipedia link for information on the following technologies and devices: Scrubbers

o Baffle spray scrubber o Cyclonic spray scrubber o Ejector venturi scrubber o Mechanically aided scrubber o Spray tower o Wet scrubber

NOx control o Low NOx burners o Selective catalytic reduction o Selective non-catalytic reduction o NOx scrubbers o Exhaust gas recirculation o Catalytic converter (also for VOC control)

VOC abatement o Adsorption systems, such as activated carbon o Flares o Thermal oxidizers o Catalytic converters o Biofilters o Absorption (scrubbing) o Cryogenic condensers o Vapor recovery systems

Acid Gas/SO2 control o Wet scrubbers o Dry scrubbers o Flue gas desulfurization

Statistics and Measurements

3. Environmental compliance personnel must demonstrate a familiarity level knowledge of solving problems involving probability and simple statistics.

a. Discuss the following statistical terms: Mean Variance

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Standard deviation of the mean Median

Mean The following is taken from DOE-HDBK-1014/2-92.

One of the most common uses of statistics is the determination of the mean value of a set of measurements. The term “mean” is the statistical word used to state the “average” value of a set of data. The mean is mathematically determined in the same way as the “average” of a group of numbers is determined.

The arithmetic mean of a set of N measurements, x1, x2, x3, … xn is equal to the sum of the measurements divided by the number of data points, N. Mathematically, this is expressed by the following equation:

i

n

ix

nx

1

1=Σ=

where x = the mean n = the number of values (data) x1 = the first data point, x2 = the second data point …xi = the ith data point

The symbol Sigma (Σ) is used to indicate summation, and i = 1 to n indicates that the values of xi from i = 1 to i = n are added. The sum is then divided by the number of terms added, n.

Example:

Determine the mean of the following numbers: 5, 7, 1, 3, 4.

Solution:

i

n

ix

nx

1

1=Σ= = ii

x5

151

=Σ

where x = the mean n = the number of values (data) = 5 x1 = 5, x2 = 7, x3 = 1, x4 = 3, x5 = 4

substituting x = (5 + 7 + 1 + 3 + 4) / 5 = 20 / 5 = 4

4 is the mean.

Variance The following is taken from DOE-HDBK-1014/2-92.

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This spread, or distance, of each data point from the mean is called the variance. The variance of each data point is calculated by:

Variance = x - xi

where xi = each data point x = the mean

The variance of each data point does not provide us with any useful information. But if the mean of the variances is calculated, a very useful number is determined. The mean variance is the average value of the variances of a set of data. The mean variance is calculated as follows:

Mean Variance = xxn

xi

n

i−Σ=

=1

1

Example:

Calculate the mean and mean variance of the following set of data: 40, 38, 28, 28, 40, 38, 34, 28, 40, 38, 34, 30, 40, 36.

Solution:

The mean is [40(4) + 38(3) + 36 + 34(2) + 30 + 28(3)] / 14 = 492 / 14 = 35.1

The mean variance = 141 (|40 —35.1| + |38 —35.1| + |28 —35.1| + …|36 —35.1|)

= 141 (57.8) = 4.12

Standard Deviation of the Mean [Note: The standard deviation of the mean is also referred to as the standard error of the mean.]

The following is taken from Graphpad Software, Key Concepts: SEM.

The standard error of the mean quantifies the precision of the mean. It is a measure of how far the sample mean is likely to be from the true population mean. It is expressed in the same units as the data. The standard error of the mean is always smaller than the standard deviation. With large samples, the standard error of the mean is much smaller than the standard deviation. The standard error of the mean is calculated by dividing the standard deviation by the square root of the number of samples.

standard error of the mean = nσ

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where σ is the standard deviation of the data, and n is the number of data values.

Median The following is taken from DOE-HDBK-1014/2-92.

The center value in a data set arranged in ascending order.

Examples:

The median for the data set 2, 4, 7, 9, 3 is 4.

2, 3, 4, 7, and 9 is the ascending order of the data set 2, 4, 7, 9, 3. The middle number in the ordered data set is 4.

Find the median of a data set with even number of items in it (e.g., 33, 30, 42, 22, 18, and 31). Arranging the above data set in ascending order yields 18, 22, 30, 31, 33, and 42. The middle numbers from the above data set are 30 and 31. The mean of those two numbers is 30.5. So, 30.5 is the median (middle value) of the data set 33, 30, 42, 22, 18, and 31.

b. Explain the importance of statistics and verifiable data in environmental decision making.

The following is taken from the Washington State Department of Ecology Water Quality Program Policy, chapter 2, Ensuring Credible Data for Water Quality Management.

Data are considered credible if appropriate quality assurance (QA) and quality control (QC) procedures were

followed and documented in collecting and analyzing water quality samples; the samples or measurements are representative of water quality conditions at the

time the data were collected; the data consist of an adequate number of samples based on the objectives of the

sampling, the nature of the water in question, and the parameters being analyzed; and sampling and laboratory analysis conform to methods and protocols generally

acceptable in the scientific community as appropriate for use in assessing the condition of the water.

The following is taken from the book “Tools to Aid in Environmental Decision Making,” Virginia H. Dale and Mary R. English.

Environmental indicator criteria can be divided into essential criteria (requirements an indicator must meet) and preferable criteria (specifications an indicator should meet). Essential criteria include: Measurability—The indicator measures a feature of the environment that can be

quantified simply with standard methods with a known degree of performance and precision.

Data Quality—The data supporting the indicators are adequately supported by sound collection methods, data-management systems, and QA procedures to ensure that the indicator is accurately represented. The data should be clearly defined, verifiable, scientifically acceptable, and easy to reproduce.

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Importance—The indicator must measure some aspect of environmental quality that reflects an issue of major importance in demonstrating the current and future conditions of the environment.

Relevance—The indicator should be relevant to a desired, significant policy goal, issue, legal mandate, or agency mission (e.g., emissions of air pollutants) that provides information of obvious value that can be easily explained to the public and decision-makers.

Representativeness—Changes in the indicator are highly correlated to trends in the other parameters or systems that they are selected to represent.

Appropriate scale—The indicator responds to changes on an appropriate geographic (e.g., national, state, regional) and/or temporal (e.g., yearly) scale.

Trends—The data for the indicator should have been collected for a sufficient period of time to allow some analysis of trends, or they should provide a baseline for future trends. The indicator should show reliability over time, bringing to light a representative trend, preferably annual.

Decision support—The indicator should provide information to a level appropriate for making policy decisions. Highly specific and special parameters, which may be useful to technical staff, will not be of much significance to policy staff or managerial decision-makers.

Preferable criteria include: Results—The indicator should measure a direct environmental result (e.g., an impact

on human health or ecological conditions). Indicators expressing changes in ambient conditions or changes in measures reflecting discharges or releases are acceptable but not preferred. Process measures (e.g., permits, compliance and enforcement activities, etc.) are not acceptable.

Understandability—The indicator should be simple and clear, and it should be sufficiently nontechnical to be comprehensible to the general public with brief explanation. The indicator should lend itself to effective and appealing display and presentation.

Sensitivity—The indicator can distinguish meaningful differences in environmental conditions with an acceptable degree of resolution. Small changes in the indicator show measurable results.

Integration of effects or exposures—The indicator integrates effects or exposures over time and space and responds to the cumulative impacts of multiple stressors. It is broadly applicable to many stressors and sites.

Data comparability—The data supporting an indicator can be compared to existing and past measures of conditions to develop trends and define variation.

Cost-effectiveness or availability—The information to compile an indicator is available or can be obtained with reasonable cost and effort and provides maximum information per unit effort.

Anticipative—The indicator is capable of providing an early warning of environmental change; this is, it has predictive strength.

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Hydrology

4. Environmental compliance personnel must demonstrate a familiarity level knowledge of the basic principles and concepts of hydrology.

a. Describe the following processes: Infiltration and percolation Groundwater recharge Runoff Water and wind erosion Evapotranspiration The hydrologic cycle Contaminant movement in the soil

The following is taken from the U.S Geological Survey, The Water Cycle.

The water cycle describes the existence and movement of water on, in, and above the earth. Earth’s water is always in movement and is always changing states, from liquid to vapor to ice and back again.

Infiltration and Percolation / Groundwater Recharge Infiltration is the downward movement or percolation of water from the land surface into soil or porous rock. Some water that infiltrates will remain in the shallow soil layer, where it will gradually move vertically and horizontally through the soil and subsurface material. Eventually it might enter a stream by seepage into the stream bank. Some of the water may infiltrate deeper, recharging groundwater aquifers.

Runoff Surface runoff is precipitation runoff that travels over the soil surface to the nearest stream channel. Runoff flowing over bare soil deposits sediment into rivers, which is not good for water quality.

Water and Wind Erosion The following is taken from the U.S. Department of Agriculture, National Resources Conservation Service, Soil Survey Manual, chapter 3, Examination and Description of Soils.

Erosion is the detachment and movement of soil material. The process may be natural or accelerated by human activity. Water erosion results from the removal of soil material by flowing water. A part of the process is the detachment of soil material by the impact of raindrops. The soil material is suspended in runoff water and carried away. Wind erosion in regions of low rainfall, can be widespread, especially during periods of drought. Unlike water erosion, wind erosion is generally not related to slope gradient. The hazard of wind erosion is increased by removing or reducing the vegetation. When winds are strong, coarser particles are rolled or swept along on or near the soil surface, kicking finer particles into the air. The particles are deposited in places sheltered from the wind. When wind erosion is severe, the sand particles may drift back and forth locally with changes in wind direction while the silt and clay are carried away.

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Evapotranspiration Evapotranspiration is the process by which water vapor is discharged to the atmosphere as a result of evaporation from the soil and transpiration by plants. Transpiration is the process by which moisture is carried through plants from roots to small pores on the underside of leaves, where it changes to vapor and is released to the atmosphere. Transpiration is essentially evaporation of water from plant leaves.

The Hydrologic Cycle The following is taken from the U.S Geological Survey, The Water Cycle. Earth’s water is always in movement, and the water cycle, also known as the hydrologic cycle, describes the continuous movement of water on, above, and below the surface of the earth. Since the water cycle is truly a “cycle,” there is no beginning or end. Water can change states among liquid, vapor, and ice at various places in the water cycle. See figure 1.

Source: U.S Geological Survey, The Water Cycle

Figure 1. The water cycle

Contaminant Movement in the Soil The following is taken from the Oregon State University Extension Service, How Soil Properties Affect Groundwater Vulnerability to Pesticide Contamination.

Soils whose properties allow rapid transmission of a contaminant to groundwater are called sensitive soils.

Soil sensitivity depends on four soil properties: permeability, water table conditions, organic matter content, and clay content.

Permeability and water table conditions together control the leaching potential. Soils with high leaching potentials are more sensitive than soils with low leaching potentials. Organic matter and clay content together control the sorption potential. Soils with low sorption potentials are more sensitive to groundwater contamination than soils with high sorption potentials. Interactions between leaching potential and sorption potential govern the overall sensitivity of the soil. A soil that has a high leaching potential and a low sorption potential is

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the most sensitive. A soil that has a low leaching potential and a high sorption potential is the least sensitive.

Leaching refers to the removal of soluble materials by water passing through soil. Naturally occurring salts, chemical fertilizers, and pesticides are subject to leaching. Whether leaching occurs depends on the amount of water passing through the soil and the rate of water movement.

Leaching potential refers to the risk that soluble contaminants will be transmitted through the soil to the groundwater reservoir. Leaching potential depends on soil permeability, water table conditions, and hydraulic loading.

Permeability refers to the rate that water moves through soil. Permeability is controlled by the size and continuity of the soil pores.

Soil texture refers to the proportions of sand, silt, and clay in a soil. A loam is a balanced mixture of sand, silt, and clay. Unbalanced mixtures dominated by increasing amounts of sand are called sandy loam, loamy sand, and just plain sand. If clay dominates, the texture is called clay loam, or, with more clay, just plain clay. Silty soils that contain little or no sand are called, in order of increasing clay content, silt loams, silty clay loams, or silty clays.

Coarse-textured sandy and gravelly soils have the largest pores and the most rapid permeabilities. Fine-textured clayey soils have very tiny pores and very slow permeability rates. Medium-textured loams, silt loams, and clay loams have intermediate rates of soil permeability.

Organic matter helps create and stabilize aggregates of the grains of sand, silt, and clay. These aggregates, or units of soil structure, have relatively large spaces between them, permitting more rapid water movement.

Roots and burrowing insects and animals create large voids, or macropores, that can transmit water very rapidly under saturated conditions.

Dense, compact, or cemented soil layers have very slow rates of permeability.

The combined effects of leaching potential and sorption potential determine a soil’s sensitivity with respect to groundwater vulnerability. The most sensitive soil is an irrigated sandy soil with very low organic matter content. The least sensitive soil is a well-drained clayey soil with high organic matter content.

Fine-textured soils, silty clays, and clays generally have low sensitivities because they have slow or very slow permeabilities and high sorption potentials.

Medium-textured soils, silt loams, silty clay loams, loams, and clay loams generally have low to moderate sensitivities, even in humid areas, because they have relatively slow permeabilites and relatively high sorption potentials.

Coarse-textured soils, sands, loamy sands, and sandy loams generally have moderate to high sensitivities because they are more permeable and tend to have lower sorption potentials.

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Meteorology

5. Environmental compliance personnel must demonstrate a familiarity level knowledge of the basic principles and concepts of meteorology.

a. Discuss aspects of meteorology that impact the dispersion of gaseous and particulate air pollutants into pathways that affect human health and the environment.

The following is taken from the Wikipedia, Atmospheric Dispersion Modeling.

Atmospheric dispersion modeling is the mathematical simulation of how air pollutants disperse in the ambient atmosphere. It is performed with computer programs that solve the mathematical equations, and algorithms that simulate the pollutant dispersion. The dispersion models are used to estimate or to predict the downwind concentration of air pollutants or toxins emitted from sources such as industrial plants, vehicular traffic or accidental chemical releases.

Such models are important to governmental agencies tasked with protecting and managing the ambient air quality. The models are typically employed to determine whether existing or proposed new industrial facilities are or will be in compliance with the national ambient air quality standards (NAAQS) in the United States and other nations. The models also serve to assist in the design of effective control strategies to reduce emissions of harmful air pollutants.

Air dispersion models are also used by public safety responders and emergency management personnel for emergency planning of accidental chemical releases. Models are used to determine the consequences of accidental releases of hazardous or toxic materials. Accidental releases may result in fires, spills or explosions that involve hazardous materials, such as chemicals or radionuclides. The results of dispersion modeling, using worst case accidental release source terms and meteorological conditions, can provide an estimate of location impacted areas, ambient concentrations, and be used to determine protective actions appropriate in the event a release occurs. Appropriate protective actions may include evacuation or shelter-in-place for persons in the downwind direction. At industrial facilities, this type of consequence assessment or emergency planning is required under the Clean Air Act (United States) (CAA) codified in part 60 of Title 40 of the Code of Federal Regulations (CFR).

The dispersion models vary depending on the mathematics used to develop the model, but all require the input of data that may include meteorological conditions such as wind speed and direction, the amount of

atmospheric turbulence (as characterized by what is called the “stability class”), the ambient air temperature, the height to the bottom of any inversion aloft that may be present, cloud cover and solar radiation;

source term (the concentration or quantity of toxins in emission or accidental release source terms) and temperature of the material;

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emissions or release parameters such as source location and height, type of source (i.e., fire, pool or vent stack)and exit velocity, exit temperature and mass flow rate or release rate;

terrain elevations at the source location and at the receptor location(s), such as nearby homes, schools, businesses and hospitals;

the location, height and width of any obstructions (such as buildings or other structures) in the path of the emitted gaseous plume, surface roughness or the use of a more generic parameter “rural” or “city” terrain.

Many of the modern, advanced dispersion modeling programs include a pre-processor module for the input of meteorological and other data, and many also include a post-processor module for graphing the output data and/or plotting the area impacted by the air pollutants on maps. The plots of areas impacted may also include isopleths showing areas of minimal to high concentrations that define areas of the highest health risk. The isopleths plots are useful in determining protective actions for the public and responders.

The atmospheric dispersion models are also known as atmospheric diffusion models, air dispersion models, air quality models, and air pollution dispersion models

b. Discuss the use of wind rose plots in predicting dispersion of gaseous and particulate air pollutants.

The following is taken from the U.S. Department of Agriculture, Natural Resources Conservation Service, Wind Rose Data.

A wind rose gives a very succinct but information-laden view of how wind speed and direction are typically distributed at a particular location. Presented in a circular format, the wind rose in figure 2 shows the frequency of winds blowing from particular directions. The length of each spoke around the circle is related to the frequency of time that the wind blows from a particular direction. Each concentric circle represents a different frequency, emanating from zero at the center to increasing frequencies at the outer circles. The wind rose also shows that each spoke is broken down into discrete frequency categories that show the percentage of time that winds blow from a particular direction and at certain speed ranges.

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Source: National Weather Forecast Office, Albuquerque, NM

Figure 2. A wind rose

c. Describe the meteorological aspects of modeling dispersion of radioactive air pollutants, including dispersion from an elevated stack versus a ground level area source.

The following is taken from U.S. Environmental Protection Agency, SI 409, Basic Air Pollution Meteorology Test, Lesson 6.

A Gaussian distribution determines the size of the smoke or pollution plume downwind from the smokestack or pollution source. A schematic representation of the Gaussian plume is shown in figure 3. The plume size is dependent on the stability of the atmosphere and the dispersion of the plume in the horizontal and vertical directions. These horizontal and vertical dispersion coefficients (σy and σz respectively) are merely the standard deviation from normal on the Gaussian distribution curve in the y and z directions. These dispersion coefficients, σy and σz, are functions of wind speed, cloud cover, and surface heating by the sun.

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Source: U.S. Environmental Protection Agency, SI 409, Basic Air Pollution Meteorology Test

Figure 3. Schematic representation of Gaussian plume

The following is taken from U.S. Environmental Protection Agency, SI 409.

The lapse rate is defined as the rate that air temperature changes with height. The actual lapse rate in the atmosphere is approximately -6 to -7oC per kilometer (km) (in the troposphere) but it varies widely depending on location and time of day. We define a temperature decrease with height as a negative lapse rate and a temperature increase with height as a positive lapse rate.

A dry adiabatic lapse rate is a fixed rate, entirely independent of ambient air temperature. A parcel of dry air moving upward in the atmosphere, then, will always cool at the rate of 9.8oC per km, regardless of its initial temperature or the temperature of the surrounding air. A dry adiabatic lapse rate, sometimes called a neutral lapse rate, is central to the definition of atmospheric stability.

A simple adiabatic diagram demonstrates the relationship between elevation and temperature. A dry adiabatic lapse rate is indicated by a broken line, as shown in figure 4, beginning at various temperatures along the horizontal axis. The slope of the line remains constant, regardless of its initial temperature on the diagram.

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Source: U.S. Environmental Protection Agency, SI 409

Figure 4. Dry adiabatic lapse rate

The actual temperature profile of the ambient air shows the environmental lapse rate. Sometimes called the prevailing or atmospheric lapse rate, it is the result of complex interactions of meteorological factors, and is usually considered to be a decrease in temperature with height. It is particularly important to vertical motion since surrounding air temperature determines the extent that a parcel of air rises or falls. As figure 5 shows, the temperature profile can vary considerably with altitude, sometimes changing at a rate greater than the dry adiabatic lapse rate and sometimes changing less. The condition when temperature actually increases with altitude is referred to as a temperature inversion.

When the environmental lapse rate is the same as the dry adiabatic lapse rate, the atmosphere is in a state of neutral stability or neutral lapse rate as shown in figure 6. Vertical air movement is neither encouraged nor hindered. The neutral condition is important as the dividing line between stable and unstable conditions.

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Source: U.S. Environmental Protection Agency, SI 409

Figure 5. Prevailing lapse rate

Source: U.S. Environmental Protection Agency, SI 409

Figure 6. Neutral lapse rate

When the environmental lapse rate is less than the adiabatic lapse rate (cools at less than 9.8oC per km), the air is stable and resists vertical motion. This is a subadiabatic lapse rate (figure 7). Air that is lifted vertically will remain cooler, and therefore denser than the surrounding air. Once the lifting force is removed, the air that has been lifted will return to its

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original position. A subadiabatic lapse rate is sometimes referred to as a weak adiabatic lapse rate.

Source: U.S. Environmental Protection Agency, SI 409

Figure 7. Subadiabatic or weak lapse rate

An inversion occurs when air temperature increases with altitude. This situation occurs frequently but is generally confined to a relatively shallow layer. An example of the lapse rate for an inversion is depicted in figure 8. High concentrations of air pollutants are often associated with inversions since they inhibit smoke plume dispersion.

A superadiabatic lapse rate occurs when the surrounding atmosphere has a lapse rate greater than the dry adiabatic lapse rate (cooling at more than 9.8oC per km). As figure 9 shows, the temperature difference between the actual environmental lapse rate and the dry adiabatic lapse rate actually increases with height.

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Source: U.S. Environmental Protection Agency, SI 409

Figure 8. Lapse rate showing a temperature inversion

Source: U.S. Environmental Protection Agency, SI 409

Figure 9. A superadiabatic environmental lapse rate

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Environmental Biology

6. Environmental compliance personnel must demonstrate a familiarity level knowledge of the basic terms and concepts of environmental biology.

a. Discuss the following terms, including limitations in establishing direct cause and effect relationships between pollutants and their effects on the health of humans and biota: Ecosystem Habitat Pathways analysis Bioaccumulation Bioconcentration Biotoxicity Biodiversity

The following definitions are taken from the U.S. Environmental Protection Agency, Terms of Environment Glossary.

Ecosystem An ecosystem is the interacting system of a biological community and its non-living environmental surroundings. The structure of the ecosystem consists of attributes related to the physical state of the ecosystem such as species population density, species richness or evenness, and standing crop biomass.

Habitat A habitat is the place where a population (e.g. human, animal, plant, microorganism) lives and its surroundings, both living and non-living.

Pathways Analysis Pathways analysis describes the physical course a chemical or pollutant takes from its source to the exposed organism

Bioaccumulation Bioaccumulants are substances that increase in concentration in living organisms as they take in contaminated air, water, or food because the substances are very slowly metabolized or excreted.

Bioconcentration Bioconcentration is the accumulation of a chemical in tissues of a fish or other organism to levels greater than in the surrounding medium.

Biotoxicity Toxicity is the degree that a substance or mixture of substances can harm humans or animals. Acute toxicity involves harmful effects in an organism through a single or short-term exposure. Chronic toxicity is the ability of a substance or mixture of substances to cause harmful effects over an extended period, usually upon repeated or continuous exposure sometimes lasting for the entire life of the exposed organism. Subchronic toxicity is the

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ability of the substance to cause effects for more than one year but less than the lifetime of the exposed organism.

Biodiversity Biodiversity refers to the variety and variability among living organisms and the ecological complexes in which they occur. Diversity can be defined as the number of different items and their relative frequencies. For biological diversity, these items are organized at many levels, ranging from complete ecosystems to the biochemical structures that are the molecular basis of heredity. Thus, the term encompasses different ecosystems, species, and genes.

Engineering Drawings

7. Environmental compliance personnel must demonstrate a familiarity level knowledge of engineering and construction drawings.

a. Given an engineering or construction drawing, read and interpret the information contained in the title block, the notes and legend, the revision block, and the grid.

b. Identify the symbols used on engineering piping and instrumentation diagrams (P&IDs) for: Types of system components (valves, pumps, etc.) Basic types of instrumentation and controllers Types of lines

Items a and b are performance-based KSAs. The Qualifying Official will evaluate their completion.

Environmental Monitoring

8. Environmental compliance personnel must demonstrate a familiarity level knowledge of environmental monitoring techniques and equipment.

a. Describe the types of equipment used to monitor a site for the following: Ambient air quality Stack emissions Groundwater contamination Meteorological factors River and stream contamination Sanitary sewer effluent Storm water contamination Soil and sediment contamination Biota contamination

Ambient Air Quality The following is taken from Encyclopedia of the Atmospheric Environment, Measuring Air Quality.

There are many ways to measure air pollution, with both simple chemical and physical methods and with more sophisticated electronic techniques. There are four main methods of measuring air pollution.

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Passive sampling methods provide reliable, cost-effective air quality analysis, which gives a good indication of average pollution concentrations over a period of weeks or months. Passive samplers are so-called because the device does not involve any pumping. Instead the flow of air is controlled by a physical process, such as diffusion. Diffusion tubes are simple passive samplers, which provide very useful information regarding ambient air quality. They are available for a number of pollutants, but are most commonly and reliably used for nitrogen dioxide and benzene. The tubes, which are 71 millimeters long with an internal diameter of 11 millimeters, contain two stainless steel gauzes placed at one end of a short cylinder. The steel gauzes contain a coating of triethanolamine, which converts the nitrogen dioxide to nitrite. The accumulating nitrates are trapped within the steel gauze, ready for laboratory analysis. The tube is open to the atmosphere at the other end, which is exposed downwards to prevent rain or dust from entering the tube. To ensure that all the nitrogen dioxide originates from the test site, the tubes are sealed before and after exposure. The tubes are manually distributed and collected, and are analyzed in a laboratory.

Active sampling methods use physical or chemical methods to collect polluted air, and analysis is carried out later in the laboratory. Typically, a known volume of air is pumped through a collector for a known period of time. The collector is later removed for analysis. Samples can be collected daily, providing measurements for short time periods, but at a lower cost than automatic monitoring methods.

Automatic methods produce high-resolution measurements of hourly pollutant concentrations or better, at a single point. Pollutants analyzed include ozone, nitrogen oxides, sulfur dioxide, carbon monoxide, and particulates. The samples are analyzed using a variety of methods including spectroscopy and gas chromatography. The sample, once analyzed is downloaded in real-time, providing very accurate information.

Remote optical/long-path analyzers use spectroscopic techniques and make real-time measurements of the concentrations of a range of pollutants including nitrogen dioxide and sulfur dioxide.

The amount of pollution in the air, however sampled, is usually measured by its concentration in air. The concentration of a pollutant in air may be defined in terms of the proportion of the total volume that it accounts for. Concentrations of pollutant gases in the atmosphere are usually measured in ppm by volume, parts per billion by volume (ppb) or parts per trillion by volume (ppt). Pollutant concentrations are also measured by the weight of pollutant within a standard volume of air, for example micrograms per cubic meter or mg per cubic meter.

The following is taken from Livestock and Poultry Environmental Stewardship Curriculum, Measuring Outdoor Air Quality (OAQ) Components.

Some measuring techniques or instruments give a single instantaneous reading at a specific place and point in time. Another measurement using the same method some time later will probably give a different value. A series of instantaneous readings can be used to indicate how a gas concentration fluctuates. Some people combine individual readings and report average concentrations.

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Other measuring techniques sample air for several minutes or more and give an average concentration over the sampling period. When comparing results, it is important to recognize that instantaneous readings will vary more and have higher and lower individual readings than average readings over a sampling period.

Technique precision or detection limit is an important measurement characteristic. Some devices or methods can measure concentrations to within ±1 ppm of the true concentration. Others may only be able to measure concentrations to within ±20 ppm of the true concentration. Devices with greater precision can be used to detect small differences in concentrations that less precise devices cannot detect. However, devices with greater precision usually cost more.

Patches are single-use pieces of cardboard or plastic coated with a chemical that changes color when exposed to the gas being measured. Both the amount of time exposed and the amount of color change are important. Patches give an integrated or average value but are not very precise. They can be hung in a space, worn by workers, or combined with small fans for different applications.

Different types of indicator tubes are available to measure a wide range of gases. Indicator tubes are glass tubes with both ends sealed. To take a reading with an indicator tube, the tips on both ends of the tube are broken off, and the tube is attached to a hand-held pump. The pump pulls a known amount of air through the tube. The media in the tube reacts and changes color with select gases in the air sample. A scale on the tube is used to measure the amount of media that reacted with the gas and indicates the concentration. Tubes come with limited scales; precision is around 10 percent of the full-scale reading on the tube. Indicator tubes give nearly instantaneous readings.

Portable electronic devices or single-point monitors can be used to monitor ambient air concentrations of individual compounds hydrogen sulfide over extended periods of time. A special cassette tape reacts, causing a color change, with the chemical being monitored. The color change is measured and used to indicate the gas concentration in the ambient air. These monitors can be used to measure ambient hydrogen sulfide concentrations over a variety of ranges, depending on the “key” being used. The key with the lowest detection levels can measure concentrations between 2 and 90 ppb over 15-minute periods. Units with different electronics and cassettes can be used to monitor other gases.

Many different electronic sensors are available for measuring gas concentrations. Their method of action and precision vary. Some units have multiple gas sensors; some units are used in the safety field to monitor gas concentrations and sound alarms if safe concentrations are exceeded in confined spaces.

A gas chromatograph/mass spectrometer, generally considered a research laboratory device, can be used to both identify and measure gas concentrations. Very small air samples are injected into a carrier (nitrogen or helium) gas stream passing through a spectrometer column. The column adsorbs and desorbs the chemicals in the air at different rates to separate them. After separation, the carrier gas stream with the separated chemicals passes through a detector. The detector output signal identifies the chemical and the amount in the sample. Portable units for field research are available.

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The following is taken from Air Monitoring, Compliance, and Risk Reduction, Radioactive NESHAP Stack Sampling, Los Alamos National Laboratory.

Stack Emissions Stack Sampling Program Radioactive materials are an integral part of many activities at Los Alamos National Laboratory (LANL). Some operations involving these materials may vent emissions to the environment through a stack. LANL evaluates these operations to determine impacts on the public and the environment. If this evaluation shows that emissions from a stack may potentially result in a member of the public receiving 0.1 millirem (mrem) or more in a year, this stack must be sampled in accordance with 40 CFR 61, Subpart H, “National Emission Standards for Emissions of Radionuclides.”

Radioactive Materials Usage Survey for Point Sources The radioactive materials usage survey for point sources is an annual report. As required by 40 CFR 61, Subpart H, LANL must monitor any point source with the potential to contribute a potential effective dose equivalent of 0.1 mrem/yr or greater to any member of the public. The regulation further requires that LANL perform periodic confirmatory measurements to verify the low emissions from unmonitored point sources. LANL uses data from this survey to determine whether a point source exceeds the monitoring levels.

Sampling Methodology LANL has categorized its radioactive stack emissions into four areas: 1) particulate matter, 2) vaporous activation products (VAP), 3) tritium, and 4) gaseous/mixed air activation products (G/MAP). For each of these emission types, the laboratory employs an appropriate sampling method, as described below.

LANL samples emissions of radioactive particulate matter, generated by operations at facilities such as the chemistry and metallurgy research building (CMR) and technical area (TA)-55, using a glass-fiber filter. A continuous sample of stack air is pulled through the filter, where small particles of radioactive material are captured. These samples are analyzed weekly using gross alpha/beta counting and gamma spectroscopy to identify any increase in emissions and to identify short-lived radioactive materials. Every six months, these samples are composited for analysis at an offsite laboratory. These composited samples are analyzed to determine the total activity of materials such as 234U, 235U, 238U; 238Pu, 239Pu, 240Pu; and 241Am. These data are then used to calculate emissions.

VAP emissions, generated hot-cell activities at CMR and TA-48, are sampled using a charcoal filter or canister. A continuous sample of stack air is pulled through a charcoal filter where vaporous emissions of radionuclides are adsorbed. Gamma spectroscopy determines the amount and identity of the radionuclide(s) present on the filter.

Tritium emissions from the laboratory’s tritium facilities are measured using a collection device known as a bubbler. This device enables the laboratory to determine not only the total amount of tritium released but also whether it is in the elemental or oxide form. The bubbler operates by pulling a continuous sample of air from the stack, which is then bubbled through three sequential vials containing ethylene glycol. The ethylene glycol collects the water vapor from the sample of air, including any tritium that may be part of a water molecule

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(HTO). Bubbling through these three vials essentially removes all HTO from the air, leaving only elemental tritium. The sample containing the elemental tritium is then passed through a palladium catalyst, which converts the elemental tritium to HTO. The sample is then pulled through three additional vials containing ethylene glycol, which collects the newly formed HTO. The amounts of HTO and HT are determined by analyzing the ethylene glycol for the presence of tritium using liquid scintillation counting (LSC).

Tritium emissions are determined using a silica gel sampler. A sample of stack air is pulled through a cartridge containing silica gel. The silica gel collects the water vapor from the air, including any HTO. The water is distilled from the sample, and the amount of HTO is determined by analyzing the water using LSC. Because the primary source for tritium is activated water, sampling for only HTO is appropriate.

G/MAP emissions are measured using real-time monitoring data. A sample of stack air is pulled through an ionization chamber, which measures the total amount of radioactivity in the sample. Gamma spectroscopy and decay curves identify specific radioisotopes.

Sampling and Analysis

LANL chose analytical methods for compliance with EPA requirements (40 CFR 61, Appendix B). These methods were selected as part of the development of QA project plans for tritium, particulate, and vapor sampling. General discussions on the sampling and analysis methods for each of LANL’s emissions follow.

Particulate Matter Emissions Glass-fiber filters that sample facilities with significant potential for radioactive particulate emissions were generally removed and replaced weekly and transported to the health physics analysis laboratory (HPAL). Before screening the samples for the presence of alpha and beta activity, the HPAL allowed approximately 72 hours for the short-lived progeny of radon to decay. These initial screening analyses ensured that potential emissions were within normal values. Final analyses were performed after the sample had been allowed to decay for approximately one week. In addition to alpha and beta analyses, the HPAL, using gamma spectroscopy, identified gamma-emitting isotopes in the samples by determining the energy of the gamma photon(s) emitted during radioactive decay. Because the energy of decay is specific to a given radioactive isotope, the HPAL could determine the identity of any isotopes gamma spectroscopy detected. The amount, or activity, of an isotope could then be found by noting the number of photons detected during analysis. Glass-fiber filters were analyzed using only gamma spectroscopy.

Because gross alpha/beta counting cannot identify specific radionuclides, the glass-fiber filters were periodically composited for radiochemical analysis at a commercial laboratory. Rather than using isotopic data only to identify radionuclides as was done in the past, these data also quantified these emissions. We consider this method an improvement in sample analysis and in emissions determination. To ensure that the analyses requested identify any significant activity in the composites, the results of the isotopic analysis are compared to gross activity measurements.

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P/VAP Emissions Charcoal canisters that sampled facilities with the potential for significant VAP emissions were generally removed and replaced weekly. These samples were transported to the HPAL where gamma spectroscopy, as described above, identified and quantified the presence of vaporous radioactive isotopes.

Tritium Emissions Tritium bubbler samples that sampled facilities with the potential for significant elemental and oxide tritium emissions were generally collected and transported to the HPAL on a weekly basis. The HPAL added an aliquot of each sample to the appropriate amount of liquid scintillation cocktail and determined the amount of tritium in each vial by LSC.

Silica gel samples that sampled facilities with the potential for significant tritium emissions in the oxide form only. These samples were transported to the inorganic trace analysis group, where the water was distilled from the silica gel, and the amount of tritium in the sample was determined using LSC.

G/MAP Emissions LANL used continuous monitoring to record and report G/MAP emissions for two reasons. First, the nature of the emissions is such that standard filter paper and charcoal filters will not collect the radionuclides of interest. Second, the half-lives of these radionuclides are so short that the activity would decay before any sample could be analyzed off line. The G/MAP monitoring system includes a flow-through ionization chamber in series with a gamma spectroscopy system. Total G/MAP emissions were measured with the ionization chamber. The real-time current measured by this ionization chamber was recorded on a strip chart, and the total amount of charge collected in the chamber over the entire beam operating cycle was integrated on a daily basis. The gamma spectroscopy system analyzed the composition of these G/MAP emissions. Using decay curves and energy spectra to identify the various radionuclides, personnel determined the relative composition of the emissions. Decay curves were typically taken one to three times per week based on accelerator operational parameters. When major ventilation configuration changes were made, new decay curves and energy spectra were recorded.

Groundwater Contamination The following is taken from DOE G 450.1-6.

Groundwater monitoring wells, vadose zone monitoring techniques, piezometers, springs, seeps, and other observation points where measurements are taken constitute the site-wide groundwater monitoring network. Each observation point should be a component of one or more unique facility-specific or area-specific monitoring networks. A series of groundwater and vadose zone monitoring wells and methods that have been placed up and down gradient from, and below, an operating facility (e.g., a reactor, an accelerator, a low-level radioactive waste disposal unit) is an example of a facility-specific network.

An area-specific monitoring network is a unique set of groundwater observation points designed to monitor existing subsurface conditions (i.e., hydrological parameters and contaminant concentration levels) to determine if significant deviations from expected conditions are observed that may warrant further investigation. An example of an area-

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specific network is a series of wells designed to monitor a contaminant plume where active remediation has ceased and monitored natural attenuation is being implemented.

The following is taken from U.S. Geological Survey, National Field Manual for the Collection of Water Quality Data, chapter A2, Selection of Equipment for Water Sampling.

The type of sampler or sampling system selected depends on type of well, depth to water from land surface, physical characteristics of the well, groundwater chemistry, and the analytes targeted for study. Groundwater most commonly is collected using either pumps designed specifically for water sampling from monitoring wells, pumps installed in supply wells, or a bailer or other point or thief-type sampler. Sampling equipment must not be a source of contamination or otherwise affect analyte concentration. Of specific importance for groundwater sampling is a potential change in groundwater chemistry due to atmospheric exposure.

Pumps transport water from depth to land surface either by suction lift or positive pressure. The pumping mechanism for most suction-lift pumps (peristaltic, jet, and some nonsubmersible centrifugal pumps) is at land surface. Positive-pressure pumps (helical rotor, gear, bladder, piston, inertial submersible, and centrifugal pumps) are grouped together as submersible pumps because they are placed below static water level.

Use of a bailer or other thief sampler that is lowered and raised repeatedly in the well to collect a sample disturbs the water column and is not recommended for this reason. The disturbance can result in stirring up or mobilizing particulates, including colloidal matter or mineral precipitates that are artifacts of well construction and are not part of the ambient groundwater flow. This, in turn, can result in substantially greater than ambient concentrations of trace elements and hydrophobic organic compounds.

Water samples must be processed as quickly as possible after collection. The equipment most commonly used for sample processing includes sample splitters, filtration units or assemblies, solid-phase extraction systems, and chambers in which samples are processed and treated with chemical preservatives.

The collection of surface water generally results in a single composite sample. A groundwater sample generally is not composited; instead the sample is pumped directly into separate bottles for designated analyses. Once a sample has been composited, the sample is often subdivided or split into subsamples for analysis using a sample splitter.

Processing and preservation chambers reduce the possibility of random atmospheric contamination during sample splitting, filtration, and preservation. These chambers are required for samples for trace-element determinations. The processing chamber can serve also as a collection chamber for pumped samples.

Filtration separates particulate substances (solid-phase and biological materials) from the solute or aqueous phase of a water sample. Water samples are filtered for analysis of inorganic constituents, organic compounds, and biological materials to help determine the environmental fate and quantify the transport of these target analytes.

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The following is taken from U.S. Environmental Protection Agency, Examples of Alternatives to Conventional Ground-Water Monitoring Wells at Small, Dry or Remote Landfills.

In addition to the use of monitoring wells, other methods and equipment are often used in studies of groundwater contamination. These methods include other sampling techniques as well as geophysical methods. Surface geophysical surveys and downhole geophysical logging are used to define geological characteristics and assist in delineating zones of groundwater flow and contaminant transport. These techniques can assist in defining the extent of contamination and to help determine whether a plume of contamination exists.

Pressure-vacuum lysimeters—may be used to obtain samples of in situ soil moisture in the unsaturated zone. They consist of a porous ceramic cup capable of holding a vacuum, a small diameter sample chamber made of polyvinyl chloride pipe, and two sampling tubes leading to the surface.

The cone penetrometer—is a cone-shaped instrument attached to a drill rod that is pushed onto soils to measure resistance to penetration. Two types of cones are available, mechanical and electronic. The electronic cone penetrometer uses a cone-tipped cylindrical probe (piezocone) which contains instruments capable of measuring pore water pressures, which can indicate the presence of moisture-bearing zones. The cone penetrometer provides high resolution stratigraphic and hydrogeologic data which are used to characterize the extent of contaminant plumes, thus optimizing the number and location of wells required for effective site assessment and monitoring.

The hydropunch—is a device that collects one-time groundwater samples in unconsolidated material. It consists of a probe with a sample chamber that can be driven to the desired depth by either conventional drill rods or cone penetrometer rods. The outer sleeve of the probe is pulled back exposing a well screen. Ground hydropunching is a method that has gained rapid acceptance as a preliminary reconnaissance method. The results presented in the literature generally agree that the quality of the hydropunch sample data is comparable to data obtained from monitoring wells, which provides a level of confidence suitable for detailed plume delineation programs.

The geoprobe—is a small diameter percussion driven probing tool that can be used for the recovery of soil vapor, soil core and groundwater samples. Mechanized, vehicle-mounted soil probe systems apply both static force and hydraulically powered percussion hammers for tool placement. The geoprobe is driven to the depth desired below the water table; then the detachable drive point is removed from the end of the rod, allowing groundwater to enter the rod at the base of the hole. Polyethylene tubing (with a bottom check valve) is then lowered inside the rods to the base of the hole. The check valve allows groundwater to enter the tubing and prevents it from escaping. When enough water is collected, the tubing is extracted from inside the rods, and the water in the tubing is decanted into a glass vial.

Ground-penetrating radar—can be used to detect pollution plumes when contaminants change the conductivity of groundwater. A transmitting and a receiving antenna are dragged along the ground surface. The small transmitting antenna radiates short pulses of high-

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frequency radio waves (ranging from 10 to 1,000 megahertz) into the ground and the receiving antenna records variations in the reflected return signal.

Transient electromagnetics/time domain electromagnetics instruments—use a large transmitter loop on the ground and a receiving coil to measure the decaying magnetic field generated by a descending eddy current that is generated when the transmitter loop current is suddenly turned off. These measurements can be interpreted in terms of the subsurface conductivity as a function of depth. These instruments can be used to detect pollution plumes when contaminants change the conductivity of groundwater.

Frequency domain electromatic induction—uses a transmitter coil to generate an electromagnetic field that induces eddy currents in the earth below the instrument. Secondary electromagnetic fields created by the eddy currents are measured by a receiver coil that produces an output voltage that can be related to subsurface conductivity. These instruments can be used to detect pollution plumes when contaminants change the conductivity of groundwater.

Seismic refraction—an artificial seismic source (hammer, controlled explosive charge) creates direct compressional waves that are refracted by traveling along the contact between geologic boundaries before signals from the wave reach the surface again. The refracted waves are sensed by receiving geophones, which are attached to a seismograph. The seismograph records the time of arrival of all waves, using the moment the seismic source is set off as time zero. Travel time is plotted against source-to-geophone distance to produce a time/distance plot. Line segments, slope and break points in the time/distance plot are used to identify the number of layers and depth of each layer. These instruments can be used to detect pollution plumes when contaminants change the conductivity of groundwater.

Neutron probe (nuclear borehole logging)—contains a source of neutrons and detectors that are arranged so that the output is primarily a function of the hydrogen content of the borehole environment. It is the most commonly used nuclear method for measurement of soil moisture.

Meteorological Factors The following is taken from the Illinois State Climatologist Office, Weather Instruments for Measuring the Climate of Illinois.

Electronic maximum-minimum temperature sensor—an electronic temperature sensor that has largely replaced liquid-in-glass thermometers. It is housed in a white case to reflect sunlight and has vents all around so that the air flows freely over the temperature sensor inside. The idea is to measure the temperature in the shade, away from any direct effect of the sun.

Anemometer—used to measure wind speed and direction. The wind speed is measured by the propeller. The stronger the wind, the faster the propeller turns. The tail points the instrument into the wind to measure wind direction. The instrument is mounted on a 10-meter (33-foot) tower to minimize the effects of nearby trees and buildings.

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Barometer—used to measure the air pressure. In general, rising air pressure indicates fair weather while falling pressure indicates foul weather. Like many instruments, this one has been largely replaced by electronic sensors.

Standard 8-inch rain gage—used for measuring precipitation, simply insert the measuring stick and record the amount. After being emptied, it is ready for the next use. It measures precipitation to the nearest 100th of an inch (0.01 inches). Still the primary rain gage of the National Weather Service because of its simplicity and reliability (no moving parts and needs no electricity).

River and Stream Contamination The following is taken from U.S. Geological Survey, National Field Manual for the Collection of Water Quality Data, chapter A2, Selection of Equipment for Water Sampling.

Study objectives, flow conditions, and sampling structures (such as a bridge, cableway, or boat) must be considered when determining which sample-collection equipment to use. The equipment selected depends on whether the stream can be waded (preferred) or not. Two primary types of surface-water samplers are used by the U.S. Geological Survey: isokinetic depth-integrating samplers and nonisokinetic samplers.

An isokinetic depth-integrating sampler is designed to accumulate a representative water sample continuously and isokinetically (that is, stream water approaching and entering the sampler intake does not change in velocity) from a vertical section of a stream while transiting the vertical at a uniform rate. Isokinetic depth-integrating samplers are categorized into two groups, based on the method of suspension: hand-held samplers and cable-and-reel samplers.

Hand-held samplers are used to collect water samples where flowing water can be waded or where a bridge is accessible and low enough to sample from. Both inorganic and organic samples can be collected as long as the construction material of the sampler components does not affect ambient concentrations of target analytes. Cable-and-reel samplers are used to collect water samples where flowing water cannot be waded.

Nonisokinetic samplers consist of open-mouth samplers and thief samplers. Open-mouth samplers used for the collection of water samples include the hand-held bottle, the weighted bottle sampler, the biochemical on demand (BOD) sampler, and the VOC sampler. Figure 10 illustrates these sampler types.

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Source: U.S. Geological Survey, National Field Manual for the Collection of Water Quality Data, chapter A2, Selection of Equipment for Water Sampling

Figure 10. Examples of nonisokinetic open-mouth samplers

The hand-held bottle sampler is the simplest type of open-mouth sampler. A bottle is dipped to collect a sample where depth and velocity are less than the minimum requirements for depth-integrated samplers.

The weighted bottle sampler is available in stainless steel or polyvinyl chloride. The weighted bottle sampler can be used to collect samples where flow velocities are less than the minimum requirement for isokinetic depth-integrating samplers and where the water body is too deep to wade. An open bottle is inserted into a weighted holder that is attached to a

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handline for lowering. Sampling depth is restricted by the capacity of the bottle and the rate of filling.

The BOD sampler and the VOC sampler, are open-mouth samplers designed to collect nonaerated samples. The BOD sampler accommodates 300-milliliter (ml) glass BOD bottles specifically designed to collect samples for dissolved-oxygen determination. The VOC sampler is specifically designed to collect nonaerated samples in 40-ml glass septum vials for determination of VOCs.

Thief samplers are used to collect instantaneous discrete (point) samples. Thief samplers have been used primarily to collect samples from lakes, reservoirs, and some areas of estuaries. Smaller versions, designed to collect ground-water samples, also have been used in still and flowing surface water.

Automatic pumping samplers with fixed-depth intakes are sometimes used to collect samples at remote sites; from ephemeral, small streams; or from urban storm drains where stage rises quickly. These samplers can be programmed to collect samples at preset time intervals or at selected stages, thus reducing the personnel requirements for time-intensive sampling. Whenever automatic samplers or pumps are used, the sample is considered to be a point or grab sample.

Sanitary Sewer Effluent The following is taken from the Lawrence Livermore National Laboratory, Environmental Report, 2008.

Lawrence Livermore National Laboratory’s (LLNL) sanitary sewer discharge permit requires continuous monitoring of the effluent flow rate and pH. Samplers at the sewer monitoring station collect flow-proportional composite samples and instantaneous grab samples that are analyzed for metals, radioactivity, total toxic organics, and other water-quality parameters.

The following is taken from the Lawrence Livermore National Laboratory, Environmental Report, 2008.

Storm water monitoring follows the requirements in the Environmental Regulatory Guide for Radiological Effluent Monitoring and Environmental Surveillance and meets the applicable requirements of DOE Order 5400.5.

At all monitoring locations grab samples are collected by submerging sample bottles directly into the storm water discharge. If a sample location is not directly accessible, an automatic water sampler is used to pump water into the appropriate containers. LLNL permits require sample collection and analysis at the sample locations specified in the permit two times per rainy season.

Influent (upstream) sampling is also required at the Livermore site. In addition, LLNL is required to observe runoff quality and twice during the dry season to identify any dry weather flows. Annual facility inspections are also required to ensure that the BMPs for controlling storm water pollution are implemented and adequate.

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Soil and Sediment Contamination The following is taken from U.S. Department of Agriculture, National Soil Survey Center, Field Book for Describing and Sampling Soils.

The objective of the task determines the methodology and the location of the soil material collected for analysis. Characterization samples include sufficient physical and chemical soil analyses, from virtually all layers, to fully characterize a soil profile. The specific analyses required vary with the type of material (e.g., a Mollisol requires some different analyses than does an Andisol). Nonetheless, a wide compliment of data (i.e., pH, particle size analysis, cation exchange capacity, base saturation, organic carbon content, etc.) are determined for all major soil layers.

The following is taken from U.S. Department of Agriculture, Soil Conservation Service, Soil Survey Manual.

A soil scientist examines the soil often in the course of mapping. Examination of both horizontal and vertical variations is essential. The most commonly used tools are spades and soil augers. Backhoes, spades, and shovels are used to expose larger soil sections for examinations, sampling, and photography. Augers are used in most areas for routine mapping. In some areas, however, a spade is used to examine the soil. In soils free of rock fragments, probes provide samples that are quick and relatively easy to obtain. Where a probe or auger is regularly used for examining the soil, some profiles need to be exposed in a pit and examined as a check. Power equipment is often used to save time and effort. Various small instruments can also be used to examine the soil.

The screw, or worm, soil auger is essentially like a wood auger and ranges from about 2 1/2 to 4 cm in diameter. The worm part is about 15 cm in length, and the distance between flanges is about the same as the diameter.

Several kinds of barrel augers are used. Barrel augers are known as post-hole augers, bucket augers, orchard augers, core augers, and various other names. They have a cylinder, or barrel, to hold the soil, which is forced into the barrel by cutting lips at the lower end. Barrel augers disturb the soil less than screw augers. Soil structure, porosity, consistence, and color can be observed better. Barrel augers work well in loose or sandy soils and in compact soils.

Probes consist of a small-bore tube that has a tempered sharp cutting edge slightly smaller in bore but larger in outside diameter than the barrel. Approximately one-third of the tube is cut away above the cutting edges so that the soil can be observed and removed. Probes are about 2.5 cm in diameter and about 20 to 40 cm in length. The tube is attached to a shaft with a “T” handle at the opposite end. Shaft length can be varied by adding or removing sections. Probes can be used to examine the soil to a depth of 2 meters. Various probes and augers are shown in figure 11.

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Source: U.S. Department of Agriculture, Soil Conservation Service, Soil Survey Manual

Figure 11. Soil augers and tubes

Power equipment is used for rapid excavation or for extracting cores and samples rapidly and from depths that are difficult to reach with hand tools. The use of power equipment results in large savings in time and permits deeper and larger excavations with better exposure of the various horizons than can be attained with hand tools. A backhoe is used to expose vertical sections of soil. The width of the bucket, or shovel, ranges from 30 cm on the smaller models to more than 75 cm on the larger ones. Power augers are commonly mounted on a small truck and are powered by the engine of the truck. Some have independent power plants and can be mounted on a trailer. Power-operated probes are used in moist soils that have few stones. They are usually mounted on a truck and are forced into the soil by hydraulic drivers that are powered by the engine of the truck and act against the weight of the truck and its load. The tubes are usually 2.5 to 10 cm in diameter.

The following is taken from U.S. Environmental Protection Agency, Soil-Gas Measurement.

The term “soil-gas” refers to the atmosphere present in soil pore spaces. Volatile compounds introduced into the subsurface can be present in the gas phase or more commonly, can undergo a transition from a liquid or sorbed phase (pure product, dissolved, or adsorbed to soil) to become part of the soil atmosphere. Soil-gas measurement has become an accepted environmental site screening tool. The technique is rapid, low cost, and provides a high yield

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of information when carefully applied. Because it is an indirect measure of underlying contamination and because of the potential for false negative results, the technique should be used only for site screening and not for confirmation.

Soil-gas surveys can be used to identify contaminants and relative concentrations identify sources; indicate extent of contamination monitor the progress of cleanups guide placement of subsequent confirmatory samples (soil borings, monitoring wells) monitor at fixed vapor wells (long-term monitoring) detect leaks through use of tracer compounds

Typical primary sources include surface spills, leaking underground storage tanks, pipes, trenches, dry wells, or landfills. Contaminants from such sources frequently reach the water table, causing the groundwater to become a source of contamination to downgradient sites. The nature of the source will influence the vertical and horizontal dispersion of gas-phase contaminant vapors.

Contaminants detectable in soil gases include many common chlorinated solvents and the lighter fractions of petroleum products, substances that are widespread environmental contaminants. Of the 25 most commonly encountered contaminants at Superfund sites, 15 are amenable to detection by soil-gas sampling. Inorganic contaminants that can be detected by soil-gas sampling include radon, mercury, and hydrogen sulfide.

Soil-gas samples can be collected by active or passive methods. For active sampling, a probe is driven into the ground, withdrawn several inches, and soil gases are pumped from the subsurface into a sample or through a sorbent medium. For passive sampling, a sampler containing a sorbent with an affinity for the target analytes is placed in the ground for a period of time, and contaminants are collected by virtue of diffusion and adsorption processes.

Passive sorbers have been shown to collect and identify a greater number of VOCs in soils than the active soil gas collection methods collected at the same site. Passive vapor sorbers are also capable of collecting some of the low molecular weight polyaromatic hydrocarbons present at the site. After exposure, the passive sampler is transported to a laboratory for analysis.

The most commonly used technique for analyzing soil-gas samples is gas chromatography in combination with a detector appropriate to the target analytes. Analyses can be done onsite or offsite. Soil-gas samples can also be screened in the field using organic vapor detectors, which provide results expressed as total hydrocarbon concentration relative to a calibration standard.

Biota Contamination The following is taken from the OSPAR Commission, JAMP Guidelines for Monitoring Contaminants in Biota.

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Two alternative sampling strategies are described in the following paragraphs: sampling to minimize natural variability and length-stratified sampling.

Sampling to Minimize Natural Variability

Gain in precision of the contaminant data can be obtained by minimizing variance from the biological co-variables. For fish, this can be achieved by sampling and analyzing individually at least 12 young fish of the same sex (e.g., 12 two-year or three-year old female fish). For shellfish, a sample should be collected with the number of individuals large enough to be divided into at least 3 equal pools with each pool consisting of at least 20 animals and enough soft tissue for all analyses. The length of the individuals collected should be constant from year to year at each station, or should at least fall within a very narrow range (e.g., within 5 mm). To reflect recent levels of contamination, young individuals should be chosen. In selecting the sample, care should be taken to ensure that it is representative of the population and that it can be obtained annually.

Length-Stratified Sampling

Where successfully ongoing, length-stratified time series should be continued.

Fish Gain in precision of the contaminant data can also be obtained from stratification using biological variables. Although several biological parameters are appropriate, length appears to be the parameter which can most easily be applied onshore and at sea and which has also been shown to be significant in many analyses. Much discussion has been devoted as to whether simple linear or log-linear (multiplicative) models give the better fit. General experience with other fish and other types of data indicate a preference for the log-normal model at least for the present. As the length dependence of the contaminant concentration is not well understood, sampling should keep the length/contaminant relationship under constant surveillance (i.e., the entire length range should be covered evenly). Care should be taken that the samples are not unduly clustered within a particular length interval. More length intervals could be used and the test of the hypothesized contaminant/length relationship becomes stronger if the lengths are evenly distributed. It is essential to keep the length stratification identical from one year to the next. The length range should be defined on the basis of practical considerations. For fish, the upper limit should be chosen in such a way that at least 5 fish in the largest length interval can easily be found. The length stratification should be determined in such a way that it can be maintained over many years. The length interval should be at least 2 cm in size. The length range should be split into 5 length intervals, which are of equal size after log transformation. For example, if the length range is 18-36 cm, then the interval boundaries could be (rounded to 0.1 cm) as follows:

18–20.7 20.8–23.8 23.9–27.3 27.4–31.3 31.4–36 cm.

Shellfish For shellfish, the upper limit should be chosen in such a way that at least 20 mussels in the largest length interval can easily be found. The length stratification should be determined in such a way that it can be maintained over many years. The length interval should be at least 5 mm in size. The length range should be split into at least 3 length intervals which are of equal

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size after log transformation. For example, if the length range is 40–70 mm, then the interval boundaries could be (rounded to 1 mm) as follows:

a. 5 intervals: 40–45 46–50 51–56 5 7–63 64–70

b. 3 intervals: 40–48 49–58 59–70

b. Explain the reason for measuring emissions, meteorological factors, and ambient air quality under various operation conditions (e.g., routine and emergency).

The following is taken from U.S. Environmental Protection Agency, Clean Air Markets, Emission Monitoring.

EPA’s emissions monitoring requirements ensure that the emissions data collected is of a known, consistent, and high quality, and that the mass emissions data from source to source are collected in an equitable manner. This is essential to support the Clean Air Markets Division’s mission of promoting market-based trading programs as a means for solving air quality problems.

Wind direction, temperature, air pressure, precipitation, and other meteorological conditions affect data collected on ambient air quality and emissions and help to establish pollutant dispersion patterns and determine the relative risk posed to populations in emergency conditions.

c. Describe the purpose and limitations of the following air quality measurement instruments: High volume particulate sampler Liquid bubbler (e.g., for sulfur dioxide) Infrared spectrometer

High Volume Particulate Sampler The following is taken from American Standard Test Method, ASTM D4096-91(2009), Standard Test Method for Determination of Total Suspended Particulate Matter in the Atmosphere (High-Volume Sampler Method).

The high-volume particulate sampler is commonly used for the collection of the airborne particulate component of the atmosphere. Some physical and chemical parameters of the collected particulate matter are dependent upon the physical characteristics of the collection system and the choice of filter media. A variety of options available for the high-volume particulate sampler give it broad versatility and allow the user to develop information about the size and quantity of airborne particulate material and, using subsequent chemical analytical techniques, information about the chemical properties of the particulate matter.

This test method measures the atmosphere presented to the sampler with good precision, but the actual dust levels in the atmosphere can vary widely from one location to another. This means that sampler location may be of paramount importance, and may impose far greater variability of results than any lack of precision in the method of measurement. In particular, localized dust sources may exert a major influence over a very limited area immediately adjacent to such sources. Examples include unpaved streets, vehicle traffic on roadways with

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a surface film of dust, building demolition and construction activity, or nearby industrial plants with dust emissions. In some cases, dust levels measured close to such sources may be several times the community-wide levels exclusive of such localized effects

Liquid Bubblers The following is taken from U.S. Centers for Disease Control, National Institute for Occupational Safety and Health, The Industrial Environment—its Evaluation and Control.

This method involves the passage of a known volume of air through an absorbing medium to remove the desired contaminants from the sampled atmosphere. The contaminant that is removed from the air stream becomes concentrated in the collecting liquid or medium. The collecting liquid or medium is then analyzed to determine the concentration of the contaminant in question. Selected sampling reagents that react chemically with contaminants in the air stream can improve the collection efficiencies of the sampling procedure.

Infrared Spectrometer The following is taken from U.S. Department of Labor, Occupational Safety and Health Administration, OSHA Technical Manual.

Infrared analyzers are useful for measuring a broad range of inorganic and organic chemicals in air. Depending upon the chemical, the sensitivity of infrared analyzers can be sufficient for industrial hygiene purposes. Because most chemicals absorb infrared light, an infrared analyzer may not be selective unless the chemical of interest can be measured at a wavelength that is unique for that chemical in the air sample, or the industrial hygienist is able to determine that other interfering chemicals are not present in the work environment. Some of the routine applications for infrared analyzers include measuring carbon dioxide in indoor air quality assessments; anesthetic gases, including, nitrous oxide, halothane, enflurane, penthrane, and isoflurane; ethylene oxide; and fumigants, including ethylene dibromide, chloropicrin, and methyl bromide.

For measuring the amount of a chemical in air, a wavelength is selected for which the chemical of interest absorbs the light. The amount of light absorbed by the air sample at this wavelength would be proportional to the amount of the chemical in the sample if there is no other chemical present in the air that absorbs at that same wavelength.

d. Describe the types of material collected by the following sampling media: High efficiency glass fiber filter Activated charcoal cartridge Silica gel

High Efficiency Glass Fiber Filter The following is taken from Cardinal Health, Glass Fiber Filters.

Glass fiber filters are made of 100 percent borosilicate glass fibers. Glass fiber filters have a clear advantage over other filtration media due to their efficient retention, fast flow rates and high loading capacity. Binder-free glass fiber filter grades are chemically, physically and biologically inert and are ideal for use with biological materials and highly corrosive

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chemicals. These filters can also be easily sterilized and have a longer shelf-life than other filtration media.

The following is taken from U.S. Environmental Protection Agency, Indoor Air Quality, Frequent Questions, What is a HEPA filter?

A high efficiency particulate air filter or HEPA filter is a special form of high efficiency glass fiber filter. This type of air filter is designed to remove at least 99.97 percent of dust, pollen, mold, bacteria, and any airborne particles including radioactive particles with a size of 0.3 microns. The diameter specification of 0.3 microns responds to the worst case; the most penetrating particle size. Particles that are larger are trapped with even higher efficiency.

Activated Charcoal Cartridge/Silica Gel The following is taken from Traveler’s Insurance, Travelers Laboratory Services, Air Sampling Field Instructions.

Active sampling consists of the collection of a known volume of air and depositing of the contaminant being investigated upon the appropriate collection medium. Solid sorbent tubes are typically used for collecting either gas or vapor. A variety of different sorbent tubes are available. The media within each tube is specific for a contaminant or class of contaminants. The most common types of tubes used in workplace air sampling contain charcoal or silica gel. Chemical contaminant molecules become trapped within the media and are either adsorbed (in the case of charcoal) or absorbed (in the case of silica gel). The contaminant molecules are then “desorbed” or washed from the media in the laboratory and the amount of contaminant in the sample is measured.

e. Describe the purpose for measuring each of the following parameters during field surveys of water quality: Temperature Dissolved oxygen Conductivity pH

The following is taken from United Nations Environment Programme, GEMS/Water Programme, Water Quality for Ecosystem and Human Health.

Temperature Temperature affects the speed of chemical reactions, the rate that algae and aquatic plants photosynthesize, the metabolic rate of other organisms, as well as how pollutants, parasites, and other pathogens interact with aquatic residents. Temperature is important in aquatic systems because it can cause mortality and it can influence the solubility of dissolved oxygen and other materials in the water column.

The following is taken from United Nations Educational, Scientific and Cultural Organization, Technical Report No. 9, Water Quality Assessment in and around Keoladeo National Park, Bharatpur, Rajasthan.

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Several parameters are important for functioning of a healthy aquatic ecosystem. These could be grouped as physical, chemical and biological. Physical parameters analyzed and monitored are pH, electrical conductance, and dissolved oxygen.

Dissolved Oxygen Like terrestrial animals, fish and other aquatic organisms need oxygen to live. Oxygen can be present in the water, but at too low a concentration to sustain aquatic life. Dissolved oxygen is a critical water quality parameter indicating the health of an aquatic system. Dissolved oxygen is the measurement of oxygen dissolved in water and available for fish and other aquatic life.

Oxygen is produced during photosynthesis of plants and consumed during respiration and decomposition. Because it requires light, photosynthesis occurs only during daylight hours. Respiration and decomposition, on the other hand, occur 24 hours a day. This difference alone can account for large daily variations in dissolved oxygen concentrations. Dissolved oxygen concentrations steadily decline during the night and are the lowest just before dawn, when photosynthesis resumes. Dissolved oxygen should always be measured at the same time of day. Other sources of oxygen include the air and inflowing water sources. More oxygen dissolves into water when wind stirs the water. Rivers and streams deliver oxygen, especially if they are turbulent. Turbulence mixes water and air (aeration).

Another physical process that affects dissolved oxygen concentrations is the relationship between water temperature and gas saturation. Cold water can hold more gas (dissolved oxygen) than warmer water. Warmer water becomes “saturated” more easily with oxygen. Seasonal changes also affect dissolved oxygen concentrations. Warmer temperatures during summer speed up the rates of photosynthesis and decomposition. When plants die at the end of the growing season their decomposition results in heavy oxygen consumption.

Conductivity Electrical conductivity is a measure of the capacity of water to conduct an electric current. A higher value of conductivity means that the water is a better electrical conductor. The amount of dissolved salts in water will affect the conductivity of electricity. The more dissolved mineral salts, the higher the conductivity. This is because of the presence of dissolved ions from the mineral salts. Conductivity is also increased by higher temperatures. Although the conductivity of water will not tell us which mineral salts are present, this measure gives us an index of their level. High levels of mineral salts in fresh waters can affect animal and plant survival and reproduction.

Electrical conductivity increases when more of any salt including the most common one, sodium chloride, is dissolved in water. For this reason, conductivity is often used as an indirect measure of the salt concentration in waterbodies. In general, waters with more salts are the more productive ones—except, of course, where there are limiting nutrients or limiting environmental factors involved. Natural factors can also cause higher conductivity values in the open water. For example, drought conditions can increase the salt concentrations in a waterbody in two ways: 1) drought can cause inflowing waters to have higher salt concentrations, and 2) heat and low humidity can increase the rate of evaporation in open water, leaving the waterbody with a higher concentration of salt. Because animal and

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human wastes contain salts, the measurement of conductivity can be used for the detection of contamination.

pH The pH test measures the hydrogen ion concentration of water. It provides a gauge of the relative acid/base nature of a water sample. The pH of water determines the solubility and biological availability of chemical constituents such as nutrients (phosphorus, nitrogen, and carbon) and heavy metals (lead, copper, cadmium, etc.). For example, in addition to affecting how much and what form of phosphorus is most abundant in the water, pH also determines whether aquatic life can use it. Metals tend to be more toxic at lower pH, because they are more soluble. pH values between 7.0 and 8.0 are optimal for supporting a diverse aquatic ecosystem. A pH range between 6.5 and 8.5 is generally suitable. When pollution results in higher productivity, for example, from increased temperature or excess nutrients, pH levels increase. Although these small changes in pH are not likely to have a direct impact on aquatic life, they greatly influence the availability and solubility of all chemical forms and may aggravate nutrient problems.

f. Discuss types of sampling containers used for water sampling. Clear and colored glass bottles, jars, vials, dishes, and tubes Aluminum or stainless steel bottles, jars, and vials Clear, white, or colored plastic bottles, jars, vials, and tubes

Clear and Colored Glass and Plastic Bottles, Jars, Vials, Dishes, and Tubes The following is taken from eHow, How to use Laboratory Glassware.

Laboratory glassware and plasticware are basic items for the preparation and storage of chemicals, experimental reagents and other supplies or consumables (e.g., tubes, pipette tips, lids). They are reused indefinitely, as long as they are manufactured for laboratory use and remain physically intact. Although they resemble and function like normal glassware at home, the laboratory environment demands a stricter set of rules when handling and using them. Decide on the function of the glassware. Storage glassware differs from mixing

glassware. Storage glassware includes buffer and non-buffer storage glassware, such as glass bottles with lined lids and narrow-opening bottles. Mixing glassware include beakers, Erlenmeyer flasks (for gas-producing liquids such as concentrated hydrochloric acid, sulphuric acid), test tubes (for small volumes) and volumetric flasks.

Decide what is placed in the glassware. Chemicals and reagents include acidic and alkaline liquids, powders, mixed-chemical solutions or oils. Consumables include pipette tips, tubes, surgical equipment and laboratory wipes. Become familiar with their properties (e.g., storage temperature, pH, light and humidity sensitivity).

Use the correct glassware for the stored item. Glassware is best for storing all chemicals as (unlike plastic) it will not corrode and leak. If the item is light-sensitive, then only dark glass is used to store the item. Plasticware is lighter, less easily broken and inexpensive; however some plastics will melt or react with certain chemicals, such as very concentrated acids.

Choose the appropriate volume. If using the glassware to mix liquids or prepare reagents, always choose a larger-volume glassware than what is required, to account

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for overflow, gas or bubble emission and to allow space for swirling or magnetic stirrers.

Autoclave the glassware before use. Wash with detergent and tap water, then replace any lids or caps loosely or cover openings with aluminum foil. Place a piece of autoclave tape (not masking tape) over the lid, side of the glassware or aluminum foil. Do not seal the glassware shut—autoclaving will heat the glassware to a high temperature and trapped air can cause extensive damage. On the tape, write the date the item was sterilized.

Label the glassware. The name and date of the item (as well as pH, storage temperature or other conditions) and the name of the person who prepared it must be written on labels pasted at the front of the bottle. Wrap the glassware in a layer of foil if necessary to protect from light.

Decontaminate after use. Rinse with tap water and then soak it in diluted bleach for at least one hour. Then repeat the washing and autoclaving procedure

The following is taken from the U.S. Environmental Protection Agency, A540/R-93/051, Specifications and Guidance for Contaminant-Free Sample Containers.

A variety of factors affect the choice of containers and cap material. These include resistance to breakage, size, weight, interference with analytes of interest, cost, and availability.

Container types A through L in table 1 are designated as the type of sample containers that have been used successfully in the past. Kimax or Pyrex brand borosilicate glass is inert to most materials and is recommended where glass containers are used. Conventional polyethylene is recommended when plastic is acceptable because of its lower cost and lower adsorption of metal ions. The specific sampling situation will determine the use of plastic or glass.

Table 1. Sample container specifications

Container type Specifications A 80-ounce (oz.) amber glass, ring handle bottle/jug, 38-mm neck finish B 40-ml. glass vial, 24-mm neck finish C 1-liter (L) high-density polyethylene cylinder-round bottle, 28-mm neck

finish D 120-ml. wide mouth, glass vial, 48-mm neck finish E 16-oz. tall, wide mouth, straight-sided, flint glass jar, 63-mm neck finish F 8-oz. short, wide mouth, straight-sided, flint glass jar, 70-mm neck finish G 4-oz. tall, wide mouth, straight-sided, flint glass jar, 48-mm neck finish H 1-L amber, Boston round, glass bottle, 33-mm pour-out neck finish I NO I listed in document J 32-oz tall, wide mouth, straight-sided, flint glass jar, 89-mm neck finish K 4-L amber glass, ring handle bottle/jug, 38-mm neck finish L 500-ml. high-density polyethylene, cylinder-round bottle, 28-mm neck

finish

Source: U.S. Environmental Protection Agency, A540/R-93/051.

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Aluminum or Stainless Steel Bottles, Jars, and Vials The following is taken from the Gilson Company, Aluminum Round Sample Containers.

Aluminum round containers with tight-fitting slip cover lids are often used to prevent moisture loss in samples during storage or in transit. Ideal for sieve test samples. Premium aluminum type has longer life, never needs tare adjustment for rusting.

Environmental Safety

9. Environmental compliance personnel must demonstrate a familiarity level knowledge of the safety-related requirements for hazardous substances.

a. Describe the general safety precautions necessary for the handling, storage, and disposal of acids, corrosives, toxic compounds, PCBs, and radionuclides.

The following is taken from DOE-HDBK-1015/1-93.

Acids Acids are corrosive in any form, and in high concentrations destroy body tissue and cause severe burns on contact with the skin. The eyes are very susceptible, and permanent damage or loss of sight may result from contact with acids. The inhalation of excessive concentrations of vapor or mist is extremely irritating to the respiratory system and to mucous membranes in particular. Accidental swallowing of concentrated acids may result in severe irritation of, and damage to, the throat and stomach which, in some cases, may prove fatal. Some of these materials are specifically poisonous as well as irritating. In lower concentrations, repeated skin contact may result in inflammation.

Corrosives Precautions when using corrosives: An adequate supply of washdown water must be available. Proper ventilation in corrosive work area must be provided. Proper drainage must be provided such that exposure is limited. Face shields and safety glasses that protect the eyes from splashes and extensive

vapor should be worn. Proper personnel safety equipment should be worn when appropriate (chemical

gloves, respirators, coveralls, etc.)

Precautions when storing corrosives: The building, or area within the building selected, should be of fire resistant

construction. The floors should be composed of chemical-resistant brick or treated concrete, be

washable, and be provided with adequate drainage. A well-lit and ventilated area in which there are adequate outlets for water should be

provided. A relatively cool and dry environment should be maintained, preventing extremes of

temperature and humidity. Electrical fixtures should be protected against corrosive mists, and wiring should be

enclosed and covered with corrosive-resistant material.

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Toxic Compounds The general safety precautions regarding toxic compounds include the following: Proper ventilation Appropriate hygienic practices Housekeeping Protective clothing Training

Polychlorinated Biphenyls The following is taken from U.S. Environmental Protection Agency, Polychlorinated biphenyls (PCBs), Health Effects of PCBs.

PCBs have been demonstrated to cause a variety of adverse health effects. PCBs have been shown to cause cancer in animals. PCBs have also been shown to cause a number of serious non-cancer health effects in animals, including effects on the immune system, reproductive system, nervous system, endocrine system and other health effects. Studies in humans provide supportive evidence for potential carcinogenic and non-carcinogenic effects of PCBs. The different health effects of PCBs may be interrelated, as alterations in one system may have significant implications for the other systems of the body.

Radionuclides The following is taken from U.S. Environmental Protection Agency, Radiation Protection, Subpart H: Department of Energy Facilities.

Subpart H protects the public and the environment from the hazards of radionuclide emissions, other than radon, from DOE facilities. The regulation pertaining to subpart H is 40 CFR 61. It sets a limit on the emission of radionuclides that ensures no member of the public receives an effective dose equivalent of more than 10 mrem/year. Radon emissions are addressed in Subpart Q.

The DOE administers about 30 major and other smaller facilities. Owners/operators of each facility have specific responsibilities: Continuously monitoring and tracking emissions Calculating the highest effective dose equivalent to a member of the public at an

offsite point where there is a residence, school, business or office Reporting this information annually to EPA, their EPA regional office, or the state

Calculations use data from all release points with a potential to contribute an effective dose equivalent of more than 0.1mr/year.

All sampling must follow EPA-approved procedures. Computer models CAP-88 and AIRDOS-PC are approved for calculating effective dose equivalents, and EPA may approve other procedures with advanced notice. EPA’s COMPLY model may be used under some conditions.

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b. Describe the criteria used to determine if a compound is a health hazard and discuss the methods by which toxic compounds may enter the body.

The following information is taken from DOE-HDBK-1015/2-93.

The criteria used to determine if a compound is a health hazard are: Toxicity of the materials used Physical properties of these materials Absorption probabilities of these materials by individuals Extent and intensity of exposure to these materials Control measures used

Toxic compounds may enter the body through the following processes: Inhalation Ingestion Absorption

c. Discuss the requirements for and use of Material Safety Data Sheets.

The following information is taken from DOE-HDBK-1015/2-93.

The purpose and general contents of the material safety data sheets is to ensure the individuals working with and in the vicinity of chemicals have specific information of these chemicals. This form identifies the chemical, by technical and common name, lists the physical/chemical characteristics, any fire or explosion hazard as well as reactivity hazards. The second page will specify health hazards and recommend first-aid procedures. The safe handling and control measures are also supplied.

d. Discuss the safety and health hazards associated with hazardous, solid, and mixed waste operations.

Hazardous Waste The following is taken from U.S. Geological Survey, USGS Recreation, Solid and Hazardous Substances.

Hazardous waste is a solid waste, or combination of solid wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may: a) cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or b) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed.

Solid Waste Solid waste is any garbage, refuse, sludge from a wastewater treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits

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Mixed Waste The following is taken from U.S. Environmental Protection Agency, Waste Types, Mixed Waste.

Mixed waste contains both radioactive and hazardous waste components. As a result, both treatment and regulation are complex. Mixed wastes are regulated by the Resource Conservation and Recovery Act (RCRA) and the Atomic Energy Act (AEA). In general, the requirements of RCRA and AEA are consistent and compatible. However, in cases where requirements of the two acts are found to be inconsistent, the AEA takes precedence.

Regulatory

10. Environmental compliance personnel must demonstrate a familiarity level knowledge of regulatory requirements related to the collection and analysis of environmental monitoring and surveillance samples and analysis of data.

a. Describe the requirements of the following documents as they relate to environmental monitoring: DOE O 436.1 and 458.1 40 CFR 61, Subpart H, NESHAPs for DOE Facilities American National Standards Institute (ANSI) N13.1-1999, Guide to Sampling

Airborne Radioactive Materials in Stacks and Ducts Comprehensive Environmental Response, Compensation, and Liability Act

(CERCLA) Resource Conversation and Recovery Act (RCRA) 40 CFR 122, National Pollutant Discharge Elimination System (NPDES) 40 CFR 136, Guidelines Establishing Test Procedures for the Analysis of

Pollutants Standard Methods for the Examination of Water and Wastewater (current

edition)

DOE O 436.1, Departmental Sustainability DOE O 436.1 provides requirements and responsibilities for managing sustainability within DOE to 1) ensure the Department carries out its missions in a sustainable manner that addresses national energy security and global environmental challenges, and advances sustainable, efficient and reliable energy for the future, 2) institute wholesale cultural change to factor sustainability and greenhouse gas reductions into all DOE corporate management decisions, and 3) ensure DOE achieves the sustainability goals established in its strategic sustainability performance plan pursuant to applicable laws, regulations and Executive Orders (EO), related performance scorecards, and sustainability initiatives

DOE O 458.1, Radiation Protection of the Public and the Environment Environmental monitoring must be conducted to characterize routine and non-routine releases of radioactive material from radiological activities, estimate the dispersal pattern in the environs, characterize the pathway(s) of exposure to members of the public and estimate the doses to individuals and populations in the vicinity of the site or operation commensurate with the nature of the DOE radiological activities and the risk to the public and the environment. Radiological monitoring must be integrated with the general environmental and effluent monitoring. Environmental monitoring must include, but is not limited to

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effluent monitoring environmental surveillance meteorological monitoring pre-operational monitoring

Site-specific environmental monitoring criteria must be established to ensure that representative measurements of quantities and concentrations of radiological contaminants are conducted and that the effects from DOE radiological activities on members of the public and the environment are monitored sufficiently to demonstrate compliance with DOE O 458.1

40 CFR 61, Subpart H, NESHAPs for DOE Facilities The following is taken from 40 CFR 61.14.

Unless otherwise specified, 40 CFR 61.14, “Monitoring Requirements,” applies to each monitoring system required under each subpart which requires monitoring.

Each owner or operator shall maintain and operate each monitoring system as specified in the applicable subpart and in a manner consistent with good air pollution control practice for minimizing emissions. Any unavoidable breakdown or malfunction of the monitoring system should be repaired or adjusted as soon as practicable after its occurrence. The Administrator’s determination of whether acceptable operating and maintenance procedures are being used will be based on information which may include, but not be limited to, review of operating and maintenance procedures, manufacturer recommendations and specifications, and inspection of the monitoring system.

When required by the applicable subpart, and at any other time the Administrator may require, the owner or operator of a source being monitored shall conduct a performance evaluation of the monitoring system and furnish the Administrator with a copy of a written report of the results within 60 days of the evaluation. Such a performance evaluation shall be conducted according to the applicable specifications and procedures described in the applicable subpart. The owner or operator of the source shall furnish the Administrator with written notification of the date of the performance evaluation at least 30 days before the evaluation is to begin.

When the effluents from a single source, or from two or more sources subject to the same emission standards, are combined before being released to the atmosphere, the owner or operator shall install a monitoring system on each effluent or on the combined effluent. If two or more sources are not subject to the same emission standards, the owner or operator shall install a separate monitoring system on each effluent, unless otherwise specified. If the applicable standard is a mass emission standard and the effluent from one source is released to the atmosphere through more than one point, the owner or operator shall install a monitoring system at each emission point unless the installation of fewer systems is approved by the Administrator.

The owner or operator of each monitoring system shall reduce the monitoring data as specified in each applicable subpart. Monitoring data recorded during periods of unavoidable

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monitoring system breakdowns, repairs, calibration checks, and zero and span adjustments shall not be included in any data average.

The owner or operator shall maintain records of monitoring data, monitoring system calibration checks, and the occurrence and duration of any period during which the monitoring system is malfunctioning or inoperative. These records shall be maintained at the source for a minimum of 2 years and made available, upon request, for inspection by the Administrator.

Monitoring shall be conducted as set forth in this section and the applicable subpart unless the Administrator specifies or approves the use of the specified monitoring requirements and procedures

with minor changes in methodology; or approves the use of alternatives to any monitoring requirements or procedures.

If the Administrator finds reasonable grounds to dispute the results obtained by an alternative monitoring method, the Administrator may require the monitoring requirements and procedures specified in this part.

American National Standards Institute (ANSI) N13.1-1999, Guide to Sampling Airborne Radioactive Materials in Stacks and Ducts This standard sets forth the principles which apply in obtaining valid samples of airborne radioactive materials, and to prescribe acceptable methods and materials for gas and particle sampling. The scope of the standard is limited to the collection of samples and does not embrace the measurement of the radioactive materials collected. Exclusion of radiochemical measurement from the scope must not be construed to mean that the measurement of samples is of lesser importance than sampling. Accurate measurement and evaluation are vitally necessary, but can be valid only to the extent that the sample obtained reflects the existing conditions.

The scope of this document is further limited to guides for sampling airborne radioactive materials in installations where work with radioactive materials is conducted, with the primary emphasis on the need to protect the radiation worker. However, its scope does include sampling effluent gases prior to or at the point of release to the atmosphere from the installation. Although the scope thus excludes certain sampling techniques, such as some of those used in environmental and free atmosphere sampling, the principles defined and most of the methods discussed are in most cases generally applicable.

Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) The following is taken from U.S. Environmental Protection Agency, Superfund, CERCLA Overview.

CERCLA, commonly known as Superfund, was enacted by Congress on December 11, 1980. This law created a tax on the chemical and petroleum industries and provided broad Federal authority to respond directly to releases or threatened releases of hazardous substances that may endanger public health or the environment. Over five years, $1.6 billion was collected and the tax went to a trust fund for cleaning up abandoned or uncontrolled hazardous waste sites. CERCLA

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established prohibitions and requirements concerning closed and abandoned hazardous waste sites;

provided for liability of persons responsible for releases of hazardous waste at these sites; and

established a trust fund to provide for cleanup when no responsible party could be identified.

The law authorizes two kinds of response actions: Short-term removals, where actions may be taken to address releases or threatened

releases requiring prompt response. Long-term remedial response actions, that permanently and significantly reduce the

dangers associated with releases or threats of releases of hazardous substances that are serious, but not immediately life threatening. These actions can be conducted only at sites listed on the EPA National Priorities List (NPL).

CERCLA also enabled the revision of the National Contingency Plan. The NCP provided the guidelines and procedures needed to respond to releases and threatened releases of hazardous substances, pollutants, or contaminants. The NCP also established the NPL.

Resource Conversation and Recovery Act (RCRA) The following is taken from U.S. Environmental Protection Agency, Cleanup Enforcement, RCRA Cleanup.

The RCRA regulates hazardous and non-hazardous wastes. RCRA subtitle C establishes a system for controlling hazardous waste from the time it is generated until its ultimate disposal. Facilities that generate, treat, store, or dispose of hazardous waste are regulated under subtitle C. RCRA subtitle C has two general paths to protecting human health and the environment: Preventing environmental problems by ensuring that wastes are well managed from

“cradle to grave,” reducing the amount of waste generated, conserving energy and natural resources

Cleaning up environmental problems caused by the mismanagement of wastes

The RCRA corrective action program, part of subtitle C, addresses when action is needed to clean up contamination at a facility. RCRA corrective action usually takes place at facilities that treat, store, or dispose of hazardous waste. Corrective action may be prompted through the enforcement mechanisms found in RCRA, through an RCRA permit, or through voluntary agreements. Corrective action can take place while a facility continues operating.

40 CFR 122, National Pollutant Discharge Elimination System (NPDES) The following is taken from U.S. Environmental Protection Agency, National Pollutant Discharge Elimination System (NPDES), NPDES Permit Program Basics, Water Permitting 101.

Under the NPDES program, all facilities which discharge pollutants from any point source into waters of the United States are required to obtain an NPDES permit. A permit is typically a license for a facility to discharge a specified amount of a pollutant into a receiving water under certain conditions; however, permits may also authorize facilities to process,

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incinerate, landfill, or beneficially use sewage sludge. The two basic types of NPDES permits issued are individual and general permits.

An individual permit is a permit specifically tailored to an individual facility. Once a facility submits the appropriate application(s), the permitting authority develops a permit for that particular facility based on the information contained in the permit application (e.g., type of activity, nature of discharge, receiving water quality). The authority issues the permit to the facility for a specific time period (not to exceed five years) with a requirement that the facility reapply prior to the expiration date.

A general permit covers multiple facilities within a specific category. General permits may offer a cost-effective option for permitting agencies because of the large number of facilities that can be covered under a single permit. General permits, however, may only be issued to dischargers within a specific geographical area such as city, county, or state political boundaries; designated planning areas; sewer districts or sewer authorities; state highway systems; standard metropolitan statistical areas; or urbanized areas.

All NPDES permits, at a minimum, consist of the following general sections: Cover Page—Typically contains the name and location of the permittee, a statement

authorizing the discharge, and the specific locations for which a discharge is authorized.

Effluent Limits—The primary mechanism for controlling discharges of pollutants to receiving waters. Permit writers spend a majority of their time deriving appropriate effluent limits based on applicable technology-based and water quality-based standards.

Monitoring and Reporting Requirements—Used to characterize waste streams and receiving waters, evaluate wastewater treatment efficiency, and determine compliance with permit conditions.

Special Conditions—Conditions developed to supplement effluent limit guidelines. Examples include: BMPs, additional monitoring activities, ambient stream surveys, and toxicity reduction evaluations.

Standard Conditions—Preestablished conditions that apply to all NPDES permits and delineate the legal, administrative, and procedural requirements of the permit. Every permit contains these five basic sections, but the contents of sections will vary depending on whether the permit is issued to a municipal or industrial facility and whether the permit will be issued to an individual facility or to multiple dischargers (i.e., a general permit).

Following the development of effluent limits, the permit writer develops appropriate monitoring and reporting conditions, facility-specific special conditions, and includes standard conditions that are the same for all permits.

EPA is authorized under the Clean Water Act (CWA) to directly implement the NPDES Program. EPA, however, may authorize states, territories, or tribes to implement all or parts of the national program. States, territories, or tribes applying for authorization may seek the authority to implement the base program (i.e., issue individual NPDES permits for industrial and municipal sources) and additional parts of the national program including, permitting of

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Federal facilities, administering the National Pretreatment Program, and/or administering the Municipal Sewage Sludge Program. The EPA retains oversight responsibility.

The following is taken from DOE, Office of Health, Safety, and Security, Clean Water Act.

Section 502(6) of the CWA defines the term pollutant to include radioactive materials. In its implementing regulations (40 CFR 122, “EPA Administered Permit Programs: The National Pollutant Discharge Elimination System” in particular), however, EPA refined the definition of pollutant to exclude radioactive materials regulated under the AEA of 1954, as amended. Thus, although the CWA and its implementing regulations clearly apply to naturally occurring (e.g., radium) and accelerator-produced radioisotopes, they do not apply to source, byproduct, or special nuclear materials (SNM) as defined by the AEA. Therefore, DOE discharges containing radioactive materials that are not source, byproduct, or SNM are regulated under the CWA by EPA or states having an EPA-authorized permit program.

The following is taken from U.S. Environmental Protection Agency, National Pollutant Discharge Elimination System (NPDES), NPDES Permit Program Basics.

Other NPDES permit programs that can impact DOE site operations include combined sewer overflows, pretreatment, sanitary sewer overflows, and stormwater.

Combined sewer systems are sewers that are designed to collect rainwater runoff, domestic sewage, and industrial wastewater in the same pipe. Most of the time, combined sewer systems transport all of their wastewater to a sewage treatment plant, where it is treated and then discharged to a water body. During periods of heavy rainfall or snowmelt, however, the wastewater volume in a combined sewer system can exceed the capacity of the sewer system or treatment plant. For this reason, combined sewer systems are designed to overflow occasionally and discharge excess wastewater directly to nearby streams, rivers, or other water bodies. These overflows, called combined sewer overflows, contain not only stormwater but also untreated human and industrial waste, toxic materials, and debris. EPA policies provide methods and guidance on minimizing these overflows and their impact.

Publicly owned treatment works (POTWs) collect wastewater from homes, commercial buildings, and industrial facilities and transport it via a series of pipes to the treatment plant. Here, the POTW removes harmful organisms and other contaminants from the sewage so it can be discharged safely into the receiving stream. Generally, POTWs are designed to treat domestic sewage only. However, POTWs also receive wastewater from industrial (non-domestic) users. The general pretreatment regulations establish responsibilities of Federal, state, and local government, industry and the public to implement pretreatment standards to control pollutants from the industrial users which may pass through or interfere with POTW treatment processes or which may contaminate sewage sludge.

Properly designed, operated, and maintained sanitary sewer systems are meant to collect and transport all of the sewage that flows into them to a POTW. However, occasional unintentional discharges of raw sewage from municipal sanitary sewers occur in almost every system. These types of discharges are called sanitary sewer overflows. In addition to requiring proper operation and maintenance (O&M), NPDES permits for operators of

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sanitary sewer systems also require immediate reporting, extensive record keeping, and public notification for unauthorized sewage overflows.

Stormwater runoff is generated when precipitation from rain and snowmelt events flows over land or impervious surfaces and does not percolate into the ground. As the runoff flows over the land or impervious surfaces (paved streets, parking lots, and building rooftops), it accumulates debris, chemicals, sediment or other pollutants that could adversely affect water quality if the runoff is discharged untreated. The NPDES stormwater permitting program is designed to prevent stormwater runoff from washing harmful pollutants into local surface waters such as streams, rivers, lakes or coastal waters.

40 CFR 136, Guidelines Establishing Test Procedures for the Analysis of Pollutants Title 40 CFR 136 establishes the methods for measurement and evaluation of pollutants under the CWA, and includes tables delineating the approved test methods and procedures for specific pollutants. Sections 136.4 and 136.5 specify the process required for application and approval of adoption of an alternate test procedure.

Standard Methods for the Examination of Water and Wastewater The following is taken from U.S. Environmental Protection Agency, Analytical Methods Developed by the Office of Ground Water and Drinking Water.

The Office of Ground Water and Drinking Water’s Technical Support Center is one of the EPA offices responsible for developing analytical methods for drinking water. The technical support center developed, or participated in the development of, many methods for determining the concentrations of chemical and microbial contaminants in drinking water. Many of the chemical methods developed by technical support center are approved for analyses of compliance or unregulated contaminant monitoring samples under the Safe Drinking Water Act (SDWA). Laboratories can verify that a method is approved by checking 40 CFR 141, “National Primary Drinking Water Regulations.”

The following is taken from U.S. Environmental Protection Agency, Clean Water Act Analytical Methods.

The EPA publishes laboratory analytical methods that are used by industries and municipalities to analyze the chemical, physical, and biological components of wastewater and other environmental samples that are required by regulations under the authority of the CWA. Most of these methods are published as regulations in 40 CFR 136.

The analytical methods promulgated under the authority of section 304(h) of the CWA are sometimes referred to as the “304(h)” or “Part 136” methods. The methods measure chemical and biological pollutants in media, such as wastewater, ambient water, sediment, and biosolids (sewage sludge). These various CWA methods are tested in a variety of labs and matrices. In addition to 40 CFR 136 methods, some approved methods are published or incorporated by reference at 40 CFR 401-503, approved industry-specific methods.

b. Describe the various quality assurance and quality control programs used to ensure data quality, (i.e., the EPA Data Quality Objectives Process), as described in EPA QA/G-4, Guidance on Systematic Planning Using the Data Quality

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Objectives Process. Include in your discussion programs both internal and external to the Department, including DOE O 414.1D, Quality Assurance.

EPA QA/G-4, Guidance on Systematic Planning Using the Data Quality Objectives Process EPA Policy CIO 2105-P-01-0, Quality Manual for Environmental Programs, and the applicable Federal regulations establish a quality system that applies to all EPA organizations as well as those funded by EPA. It directs organizations to ensure that when collecting data to characterize environmental processes and conditions, these data are of the appropriate type and quality for their intended use. In addition, it directs that environmental technologies be designed, constructed, and operated according to defined expectations. In accordance with the policy, the EPA directs that environmental programs performed for, or by, the agency be supported by

environmental data of an appropriate type and quality for their expected use. EPA defines environmental data as information collected directly from measurements, produced from models, or compiled from other sources such as databases or literature.

decisions involving the design, construction, and operation of environmental technology be supported by appropriate quality-assured engineering standards and practices. Environmental technology includes treatment systems, pollution control systems and devices, waste remediation, and storage methods.

EPA’s quality system is divided into three types of components: policy, organization/ program, and project. Figure 12 illustrates the project components, which include activities and tools which are applied or prepared for individual data collection projects to ensure that project objectives are achieved.

Source: EPA-QA-G4

Figure 12. Project life-cycle components

The DQO process is used to establish performance or acceptance criteria, which serve as the basis for designing a plan for collecting data of sufficient quality and quantity to support the goals of a study. The DQO process consists of seven iterative steps; the iterative nature of the

Data Verification

and Validation

QA Project

Plan

Data Quality

Assessment

Systematic Planning

(e.g., DQO Process)

Defensible Products and Decisions

PLANNING IMPLEMENTATION

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DQO process allows one or more of these steps to be revisited as more information on the problem is obtained.

Each step of the DQO process defines criteria that will be used to establish the final data collection design. The first five steps are primarily focused on identifying qualitative criteria, such as the nature of the problem that has initiated the study and a conceptual model of the

environmental hazard to be investigated; the decisions or estimates that need to be made and the order of priority for resolving

them; the type of data needed; and an analytic approach or decision rule that defines the logic for how the data will be

used to draw conclusions from the study findings.

The sixth step establishes acceptable quantitative criteria on the quality and quantity of the data to be collected, relative to the ultimate use of the data. These criteria are known as performance or acceptance criteria, or DQOs. For decision problems, the DQOs are typically expressed as tolerable limits on the probability or chance (risk) of the collected data leading to an erroneous decision. For estimation problems, the DQOs are typically expressed in terms of acceptable uncertainty (e.g., width of an uncertainty band or interval) associated with a point estimate at a desired level of statistical confidence.

In the seventh step of the DQO process, a data collection design is developed that will generate data meeting the quantitative and qualitative criteria specified at the end of step 6. A data collection design specifies the type, number, location, and physical quantity of samples and data, as well as the QA and QC activities that will ensure that sampling design and measurement errors are managed sufficiently to meet the performance or acceptance criteria specified in the DQOs. The outputs of the DQO process are used to develop a QA project plan and for performing data quality assessment.

The DQO process may be applied to all programs involving the collection of environmental data and apply to programs with objectives that cover decision-making, estimation, and modeling in support of research studies, monitoring programs, regulation development, and compliance support activities. When the goal of the study is to support decision-making, the DQO process applies systematic planning and statistical hypothesis testing methodology to decide between alternatives. When the goal of the study is to support estimation, modeling, or research, the DQO process develops an analytic approach and data collection strategy that is effective and efficient.

The seven steps of the DQO process are: 1. State the problem 2. Identify the goal of the study 3. Identify information inputs 4. Define the boundaries of the study 5. Develop the analytic approach 6. Specify performance or acceptance criteria 7. Develop the plan for obtaining data

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DOE O 414.1D The following is taken from DOE O 414.1D.

The purpose for DOE O 414.1D is to ensure that DOE products and services meet or exceed customers’ requirements and

expectations. achieve quality for all work based on the following principles:

o All work, as defined in DOE O 414.1D, is conducted through an integrated and effective management system.

o Management support for planning, organization, resources, direction, and control is essential to QA.

o Performance and quality improvement require thorough, rigorous assessments and effective corrective actions.

o All personnel are responsible for achieving and maintaining quality. o Risks and adverse mission impacts associated with work processes are minimized

while maximizing reliability and performance of work products.

establish additional process-specific quality requirements to be implemented under a QAP for the control of suspect/counterfeit items, and nuclear safety software as defined in DOE O 414.1D.

The following is taken from DOE G 414.1-2A.

A graded approach that doesn’t compromise public, employee, or facility safety or adversely impact the environment and complies with requirements, rules, and regulations must be used to implement the DOE QAP. The graded application of facility/activity requirements is dependent on the hazards and/or level of risk associated with the activity or structures, systems, and components under consideration. The scope, depth, and rigor of the quality management system’s application of requirements should be determined by the use of a grading process before performing the activity. The purpose of grading is to select the controls and verifications to be applied to various items and activities consistent with their importance to safety, cost, schedule, and success of the program.

The following is taken from U.S. Environmental Protection Agency, Guidance for Quality Assurance Project Plans, EPA QA/G-5.

A QA project plan describes the activities of an environmental data operations project involved with the acquisition of environmental information whether generated from direct measurements activities, collected from other sources, or compiled from computerized databases and information systems. Performance and acceptance criteria are often expressed in terms of data quality indicators. The principal indicators of data quality are precision, bias, accuracy, representativeness, comparability, completeness, and sensitivity. Measurement quality objectives are the acceptance thresholds or goals for this project’s data, usually based on the individual data quality indicators for each matrix and analyte group or analyte.

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11. Environmental compliance personnel must demonstrate a working level knowledge of the negotiation and management of regulatory agreements and permits.

a. Discuss the basic negotiation techniques that can be used in negotiating environmental permits, compliance agreements, grants, and other environmental compliance documents.

RCRA Part B Permit

The following is taken from DOE, Office of Health, Safety, and Security, Environmental Guidance, Resource Conservation and Recovery Act, RCRA Permitting Guide for Hazardous and Radioactive Mixed Waste Management Facilities.

After the public comment period is closed, the responsible regulatory agency issues a final permit decision. Notice of the final permit decision must be sent to the applicant, individuals and entities that submitted written comments during the comment period, and anyone else who asked to be notified. The final permit decision notice must include reference to the procedures for appealing a decision.

Only persons who commented during the public comment period or who participated in the public hearing can appeal the final permit decision. This requirement applies to the applicant, as well as members of the general public. Also, only issues raised during the public comment period can be appealed, unless a permit condition that changed between the draft and final decisions is challenged.

To initiate an administrative appeal, a petition must be filed with the EPA environmental appeals board (EAB) within 30 days after the final decision notice is received, unless an alternative date is specified in the notice. Since DOE managers responsible for RCRA permitting should communicate openly with all responsible regulatory agencies during the RCRA permitting process, a final permit decision should seldom warrant an appeal by DOE. However, if the responsible DOE manager believes DOE should appeal, the responsible DOE headquarters program office and appropriate DOE field counsel’s office should be consulted.

If no administrative appeal of a final decision to issue a RCRA permit is initiated, then the final permit becomes effective 30 days after the final decision notice.

The Federal administrative appeal process ends when EPA EAB denies review; EPA EAB issues a decision, other than a remand; or EPA issues a second final permit after complying with a prior remand order, unless

the remand order specified that the second final permit could also be appealed. regulators will retain their authority to determine whether to approve a request to

modify or extend existing milestones; and regulated agencies retain their right to invoke dispute resolution under the terms of

the negotiated cleanup agreement.

Grant Conditions The following is taken from 40 CFR 31.43.

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If a grantee or subgrantee materially fails to comply with any term of an award, whether stated in a Federal statute or regulation, an assurance, in a state plan or application, a notice of award, or elsewhere, the awarding agency may take one or more of the following actions, as appropriate in the circumstances: Temporarily withhold cash payments pending correction of the deficiency by the

grantee or subgrantee or more severe enforcement action by the awarding agency Disallow all or part of the cost of the activity or action not in compliance Wholly or partly suspend or terminate the current award for the grantee’s or

subgrantee’s program Withhold further awards for the program Take other remedies that may be legally available

In taking an enforcement action, the awarding agency will provide the grantee or subgrantee an opportunity for such hearing, appeal, or other administrative proceeding to which the grantee or subgrantee is entitled under any statute or regulation applicable to the action involved.

b. Describe the requirements and responsibilities involved with the management of the following documents: National Pollutant Discharge Elimination System Permit Sanitary sewer discharge permits Air permits Federal Facility Agreement Consent Orders & Settlement Agreements Resource Conservation and Recovery Act Part B Permit Site Treatment Plan

National Pollutant Discharge Elimination System Permit The following is taken from U.S. Environmental Protection Agency, NPDES Permit Writer’s Manual.

After final permit issuance, interested parties have opportunities to change the permit through permit appeals, major/minor permit modifications, permit termination or permit transfer. There will inevitably be situations in which a permit is issued in spite of the objections of the permittee or a third party. In such instances, the permittee or an interested party may choose to legally contest or appeal the NPDES permit.

Various mechanisms are available to resolve legal challenges to NPDES permits. In the case of EPA-issued permits, the administrative procedure involved is called an evidentiary hearing. Many NPDES states and tribes have similar administrative procedures designed to resolve challenges to the conditions of a permit. These procedures involve hearings presided over by an administrative law judge.

After the final permit is issued, the permit may need to be modified or revoked prior to the expiration date. Modifications differ from revocations and reissuance. In a permit modification, only the conditions subject to change are reconsidered while all other permit conditions remain in effect. Conversely, the entire permit may be reconsidered when it is revoked and reissued. A permit modification may be triggered in several ways. For example, a representative of the regulatory agency may conduct an inspection of the facility that

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indicated a need for the modification (i.e., the improper classification of an industry), or information submitted by the permittee may suggest the need for a change. Any interested person may request that a permit modification be made.

Situations may arise during the life of the permit that are cause for termination (i.e., cancellation, revocation) of the permit. Such circumstances include the following: Noncompliance by the permittee with any condition of the permit Misrepresentation or omission of relevant facts by the permittee A determination that the permitted activity endangers human health or the

environment, either in an emergency or other situation A temporary or permanent reduction or elimination of a discharge (e.g., plant closure)

Once the permit is terminated, it can be placed into effect again only by the reissuance process, which requires a new permit application. All of the above situations may also be addressed through the permit modification process on a case-by-case determination.

Regulatory agencies will occasionally receive notification of a change in ownership of a facility covered by an NPDES permit. Such changes require that a permit be transferred.

Sanitary Sewer Discharge Permits The following is taken from 40 CFR 122.21.

All treatment works treating domestic sewage (TWTDS) whose sewage sludge use or disposal practices are regulated by 40 CFR 503 must submit permit applications according to the applicable schedule in 40 CFR 122.21, “Application for a Permit.”

A TWTDS with a currently effective NPDES permit must submit a permit application at the time of its next NPDES permit renewal application.

Any other TWTDS not addressed in 40 CFR 122.21 must submit the following information within one year after publication of a standard applicable to its sewage sludge use or disposal practice(s): The TWTDS’s name, mailing address, location, and status as Federal, state, private,

public or other entity. The applicant’s name, address, telephone number, and ownership status. A description of the sewage sludge use or disposal practices. Unless the sewage

sludge meets the requirements of 40 CFR 122.21, the description must include the name and address of any facility where sewage sludge is sent for treatment or disposal, and the location of any land application sites.

Annual amount of sewage sludge generated, treated, used or disposed (estimated dry weight basis).

The most recent data the TWTDS may have on the quality of the sewage sludge.

Air Permits The following is taken from U.S. Environmental Protection Agency, Operating Permits.

In 1990, Congress established an air permit program under Title V of the CAA Amendments. The operating permit program streamlines the way Federal, state, tribal, and local authorities

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regulate air pollution by consolidating all air pollution control requirements into a single, comprehensive operating permit that covers all aspects of a source’s year-to-year air pollution activities. The program is designed to make it easier for sources to understand and comply with control requirements, and results in improved air quality. Over the past several years, EPA worked with state and local governments to establish operating permit programs in every state, including 60 local programs, as well as programs in the District of Columbia and other territories. EPA, working with industry, state and local governments, and others, also initiated efforts to streamline and substantially simplify the permit program requirements, which resulted in increased flexibility to industry and states. Through these efforts, state and local agencies have already issued thousands of permits nationwide.

Congress created the operating permit program to ensure better compliance and to allow for more thorough air pollution control. Prior to 1990, the Federal CAA required permits only for new construction. It required that states issue air pollution permits to businesses that build new pollution sources or modify existing pollution sources. In creating these permit programs—known as preconstruction or new source review permit programs—some states also chose to establish enhanced programs for regulating air pollution emissions from sources already in operation. These operating permit programs, though not uniform in requirements or other characteristics, proved to be effective tools for air pollution control. With Title V of the 1990 CAA Amendments, Congress adopted measures that require all states to develop and implement operating permit programs. In doing so, Congress hoped to eliminate any potential confusion associated with the various air pollution emission reduction programs required by the Federal CAA and different state and local regulations. Under Title V, EPA must establish minimum elements to be included in all state and local operating permit programs, and then assist the state and local governments in developing their programs. EPA modeled its air pollution operating permit program after pre-existing state and local operating permit programs and after a similar program which has proven successful under the CWA for permitting the discharge of water pollutants. EPA officially launched the operating permit effort in 1992 with regulations for implementing such programs. The goals of the permit program include: Develop a comprehensive permit system that identifies and implements the CAA

requirements for air pollution sources. Provide an opportunity for citizens to be involved in the permit review process. Improve compliance with emissions control requirements.

The operating permit program is meeting these goals and is achieving enhanced compliance with air pollution requirements for industrial and commercial sources. Nationally, an estimated 22,000 sources of air pollution are required to obtain permits under operating permit programs administered by 113 state, territory, and local permitting authorities.

Federal Facility Agreement The following is taken from U.S. Environmental Protection Agency, The Final Report of the Federal Facilities Environmental Restoration Dialogue Committee: Consensus Precipices and Recommendations for Improving Federal Facilities Cleanup.

When milestones are first being established for Federal facility cleanup, the regulating and regulated agencies, in consultation with other stakeholders, should use the strategic plan, life-cycle cost analyses, and project baselines to establish agreed-upon project end dates, out-year

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milestones, and near-term milestones. Disagreements on proposed date changes for any milestones will be subject to any agreed-upon dispute resolution process.

Typically at the start of the new fiscal year, the parties to the negotiated agreement should determine if planned work can be accomplished with allotted funds. In the event of an appropriation shortfall, the parties should, before modifying or extending milestones, determine if planned work can be accomplished through rescoping or rescheduling cleanup activities in a manner that does not cause

previously agreed-upon near-term milestones and out-year milestones and project end dates to be missed;

developing and implementing new cost-saving measures.

A determination by the parties to modify or extend a near-term milestone should be based upon consultation with public stakeholders, and if necessary, negotiation between regulating and regulated agencies in light of risk plus other factors, which include consideration of funding allocations. If agreement cannot be reached regulators will retain their authority to determine whether to approve a request to

modify or extend existing milestones; and regulated agencies retain their right to invoke dispute resolution under the terms of

the negotiated cleanup agreement.

Consent Orders and Settlement Agreements The following is taken from U.S. Environmental Protection Agency, Cleanup Enforcement, Types of Superfund Settlements.

EPA negotiates cleanup agreements with potentially responsible parties (PRPs). These agreements are in the form of administrative orders on consent, administrative agreements, or judicial consent decrees. Negotiations are based on model settlement documents, which can be modified to fit site circumstances.

Resource Conservation and Recovery Act Part B Permit The following is taken from FindLaw, Negotiating a RCRA Part B Permit.

There are certain conditions that must be included in all permits. The permitting authority is also authorized to establish additional conditions regarding permit duration, schedules of compliance and monitoring on a case-by-case basis.

The RCRA part B standard form permit is organized into modules, each of which addresses a particular aspect of the facility or particular program requirements applicable to the facility as a whole. Module I of the permit contains those standard conditions set forth at 40 CFR 270, which must be included in every Part B permit. These include, among others, conditions setting forth the permittee’s duty to comply with the permit terms and the effect of such compliance; reporting and recordkeeping requirements; conditions regarding the duration of the permit and its renewal; and definitions of relevant terms. Module I might also include conditions relating to the agency’s authority to revise a permittee’s submissions to the issuing agency and the incorporation of the revised submissions into the permit.

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Module II concerns the facility as a whole and, depending on the type of facility involved, might include little more than a general facility description. In appropriate circumstances, however, this module might also include detailed conditions regarding general design and operation requirements, facility security, personnel training, contingency planning and financial assurance requirements.

Module III is the corrective action module. It provides an overview of the corrective action process, including a general description of each phase of the process; identifies and describes each of the facility’s solid waste management units and the current regulatory status of each; and sets forth the specific conditions governing the permittee’s corrective action obligations.

The content of the remaining modules of the Part B permit depends on the nature of the activities conducted at the facility and the types of waste management units present onsite. For example, the permit might contain modules addressing the facility’s waste minimization requirements; compliance with applicable air emission standards; compliance with land disposal restrictions (LDRs); or conditions governing the operation, inspection, monitoring, closure and post-closure care of individual hazardous waste management units, such as surface impoundments, landfills or tanks.

The corrective action process generally involves three major stages. The first phase is the RCRA facility investigation (RFI), the purpose of which is to characterize both the nature and extent of any releases from the solid waste management units at the facility. The RFI is followed by a corrective measures study (CMS) to evaluate potential remedial approaches. Based on the RFI and CMS, the permitting agency selects the remedial measures it deems appropriate and modifies the permit to require implementation of the selected remedy. In addition, the permit includes a mechanism to address, via interim measures, those releases that the permitting authority concludes pose an imminent threat to human health or the environment, without awaiting the completion of the RFI and CMS process.

Corrective action at a facility is carried out according to a schedule of compliance, set forth in the permit, which prescribes those tasks that must be accomplished within specified time periods. However, because the full nature and extent of the contamination at a facility typically is unknown at the time the permit is issued, the issuing agency will have insufficient information to set forth, with any degree of particularity, those tasks which must be undertaken to fully characterize a release and to evaluate the most effective remedial measures. Consequently, the permit’s schedule of compliance will contain merely an outline of the RFI and CMS procedures. The details of the process and the permittee’s obligations under the permit then emerge through a series of interim submissions in which the permittee proposes plans for carrying out the various steps of the RFI and CMS and reports on the individual tasks as they are completed. Each of the plans and reports is subject to review and revision by the agency. Upon approval, the interim submissions, as revised by the agency, are incorporated into the permit and thus become enforceable permit obligations. By this process, the general obligations set forth in the original permit are infused with substance through the permittee’s interim submissions, as modified by the agency.

Since the details of the permittee’s corrective action obligations are typically not included in the permit as originally issued, some permit holders have challenged their permits on the ground that the agency’s revision of its interim submissions constitutes a permit modification

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and should be subject to the formal modification procedures prescribed by 40 CFR 270.41 and 124.5. While this position has been uniformly rejected, the EAB has acknowledged that, because they can materially and substantially affect the scope of the permittee’s obligations under the permit, such revisions constitute a deprivation of property within the meaning of the due process clause of the United States Constitution. Therefore, the permittee must be given adequate notice and an opportunity for a hearing before the agency’s revisions become an enforceable part of the permit. In other words, there must be some sort of dispute resolution mechanism which the permittee may invoke in the event the permittee disagrees with the revisions the agency seeks to impose. Exactly what this dispute resolution mechanism must entail to protect the permittee’s due process rights has been the subject of numerous permit challenges before the EAB.

Consideration of the parameters of the dispute resolution mechanism has focused on three issues, the first being who should be the final arbiter of the dispute between the permittee and the agency. In this regard, the EAB has concluded that, since revisions to the interim submissions can have significant financial consequences for the permittee, the person who has final authority to issue the permit in the first instance must also be the person who resolves disputes over the proposed revisions. Generally, this person is either the regional administrator or a division director to whom permit issuance authority has been delegated.

The second issue is whether the conclusion of the decision-maker must be deemed final agency action, such that the administrative determination will be subject to immediate judicial review. On this point, the EAB has taken the position that due process does not require immediate recourse to the courts; it is sufficient that the disputed revision could be challenged in an enforcement proceeding, despite the fact that daily penalties would accrue during the pendency of that proceeding.

The final point of contention is whether the permittee must be afforded an opportunity to make an oral presentation of its arguments to the final decision-maker. Noting that corrective action determinations are based on technical considerations and therefore amenable to effective written presentation, the EAB concluded that oral argument is not required to protect the permittee’s due process rights. It strongly urged the agency, however, to include in its dispute resolution procedures an opportunity for the permittee to make an oral presentation of its position to the regional staff prior to submission of the dispute to the final decision-maker.

While EPA has not yet formally promulgated a hearing procedure to address disputes over agency revisions to interim submissions, the regions have developed dispute resolution provisions that are routinely included as a condition to the permit. The elements of the dispute resolution provision typically include the following: 1) the right of the permittee to submit written statements to, and meet with, regional staff members responsible for making the disputed revisions; 2) the right to meet with the final decision-maker; and 3) the issuance of a written decision by the agency responding to the evidence and arguments presented by the permittee.

Site Treatment Plan The following is taken from DOE, Office of Health, Safety, and Security, Federal Facility Compliance Act.

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The Secretary of Energy is directed to prepare and submit site treatment plans (STPs) for developing treatment capacities and technologies for all facilities generating or storing mixed waste that are not subject to any permit, agreement, or order. Such plans include schedules for developing treatment capacity where treatment technologies exist and schedules for identifying and developing treatment technologies where none is currently available. These plans are reviewed and approved either by EPA or the states, depending on whether the state is authorized to regulate mixed waste. Upon approval of the submitted plans, EPA or the states issue orders requiring compliance with the plans.

c. Discuss the potential benefits of use of environmental conflict resolution or alternate dispute resolution in resolving environmental disputes.

The following is taken from the U.S. Institute for Environmental Conflict Resolution.

Environmental Conflict Resolution Definition Environmental conflict resolution (ECR) is defined as third-party assisted conflict resolution and collaborative problem solving in the context of environmental, public lands, or natural resources issues or conflicts, including matters related to energy, transportation, and land use. The term “ECR” encompasses a range of assisted negotiation processes and applications. These processes directly engage affected interests and agency decision makers in conflict resolution and collaborative problem solving. Multi-issue, multi-party environmental disputes or controversies often take place in high conflict and low trust settings, where the assistance of impartial facilitators or mediators can be instrumental to reaching agreement and resolution. Such disputes range broadly from administrative adjudicatory disputes, to civil judicial disputes, policy/rule disputes, intra- and interagency disputes, as well as disputes with non-federal persons/entities. ECR processes can be applied during a policy development or planning process, or in the context of rulemaking, administrative decision making, enforcement, or litigation and can include conflicts between federal, state, local, tribal, public interest organizations, citizens groups and business and industry where a federal agency has ultimate responsibility for decision-making.

Principles (Benefits) Informed Commitment

Confirm willingness and availability of appropriate agency leadership and staff at all levels to commit to principles of engagement; ensure commitment to participate in good faith with open mindset to new perspectives.

Balanced, Voluntary Representation Ensure balanced inclusion of affected/concerned interests; all parties should be willing and able to participate and select their own representatives.

Group Autonomy Engage with all participants in developing and governing process; including choice of consensus-based decision rules; seek assistance as needed from impartial facilitator/mediator selected by and accountable to all parties.

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Informed Process Seek agreement on how to share, test and apply relevant information (scientific, cultural, technical, etc.) among participants; ensure relevant information is accessible and understandable by all participants.

Accountability Participate in the process directly, fully, and in good faith; be accountable to all participants, as well as agency representatives and the public.

Openness Ensure all participants and public are fully informed in a timely manner of the purpose and objectives of process; communicate agency authorities, requirements and constraints; uphold confidentiality rules and agreements as required for particular proceedings.

Timeliness Ensure timely decisions and outcomes.

Implementation Ensure decisions are implementable consistent with federal law and policy; parties should commit to identify roles and responsibilities necessary to implement agreement; parties should agree in advance on the consequences of a party being unable to provide necessary resources or implement agreement; ensure parties will take steps to implement and obtain resources necessary to agreement.

Alternate Dispute Resolution Alternative dispute resolution (ADR) refers to the resolution of disputes through non-adversarial processes with the assistance of an impartial third party. ADR, including arbitration and mediation among other processes, was developed originally as an alternative to litigation, but is more currently viewed as appropriate dispute resolution.

12. Environmental compliance personnel must demonstrate a familiarity level knowledge of how environmental laws and regulations are enforced.

a. Discuss the interrelationship between the following: The United States Code The Code of Federal Regulations State Laws and Regulations

The United States Code The following is taken from Cornell University Law School, Legal Information Institute.

Federal statutes enacted by Congress and signed by the President (or passed over the President’s veto) are compiled into the United States Code (U.S.C.). The U.S. Code is organized by topics into a series of titles, numbered from 1 (General Provisions) through 50 (War and National Defense).

The Code of Federal Regulations The following is taken from GPO Access, Code of Federal Regulations.

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The Code of Federal Regulations (CFR) is the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the Federal government. It is divided into 50 titles that represent broad areas subject to Federal regulation.

State Laws and Regulations State laws and regulations are passed in the same manner as Federal laws, except they require the signature of the state’s governor to become law. With respect to environmental laws, the states can enact laws and regulations more stringent than their Federal counterparts, but no less stringent or they are prone to preemption.

b. Describe the organization, mission, and enforcement authorities of the Environmental Protection Agency (EPA) and state counterparts for your site.

The following is taken from U.S. Environmental Protection Agency, History.

The EPA was established in the executive branch as an independent agency pursuant to Reorganization Plan #3 of 1970, effective December 2, 1970. The EPA was created to permit coordinated and effective governmental action on behalf of the environment. The EPA endeavors to abate and control pollution systematically, by proper integration of a variety of research, monitoring, standard setting, and enforcement activities. As a complement to its other activities, EPA coordinates and supports research and anti-pollution activities by state and local governments, private and public groups, individuals, and educational institutions. The EPA also reinforces efforts among other Federal agencies with respect to the impact of their operations on the environment, and it is specifically charged with making public its written comments on EISs and with publishing its determinations when those hold that a proposal is unsatisfactory from the standpoint of public health or welfare or environmental quality. In all, EPA is designed to serve as the public’s advocate for a livable environment.

The Office of the Administrator provides executive and logistical support for the EPA Administrator and the staff offices that directly support the Administrator. The Administrator is responsible to the President, and is assisted by the Deputy Administrator and staff offices.

The following is taken from U.S. Environmental Protection Agency, Program Offices.

The Office of the Administrator supports the leadership of EPA’s programs and activities to protect human health and safeguard the air, water, and land upon which life depends.

Assistant administrators are charged with management of the following program offices: Office of Administration and Resources Management—enhances public health and

environmental protection through effective management of EPA’s human, financial, and physical resources.

Office of Air and Radiation—oversees the air and radiation protection activities of the agency including national programs, technical policies, and regulations.

American Indian Environmental Office—coordinates the agency-wide effort to strengthen public health and environmental protection on Indian tribal lands, with a special emphasis on building tribal capacity to administer their own environmental programs.

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Chief Financial Officer—manages and coordinates EPA’s planning, budgeting, analysis and accountability processes as well as provides financial management services.

Office of Enforcement and Compliance Assurance—delivers compliance with U.S. environmental laws while inspiring the regulated community to employ methods that focus on pollution prevention.

Office of Environmental Justice—serves as a focal point for ensuring that communities comprised predominately of people of color or low income populations receive protection under environmental laws.

Office of Environmental Information—responsible for establishing an innovative center of excellence that advances the creation, management and use of information as a strategic resource at EPA.

Office of General Counsel—provides legal service to all organizational elements of the agency with respect to agency programs and activities. The Office of General Counsel provides legal opinions, legal counsel, and litigation support. In addition, the office assists in the formulation and administration of the agency’s policies and programs as legal advisor.

Office of Inspector General—conducts audits and investigations of agency programs and operations.

Office of International Affairs—manages agency involvement in international policies and programs that cut across agency offices and regions. Provides leadership and coordination on behalf of the agency and acts as the focal point on international environmental matters.

Office of Prevention, Pesticides and Toxic Substances—develops national strategies for toxic substance control and promotes pollution prevention and the public’s right to know about chemical risks.

Office of Research and Development—is responsible for the research and development needs of the agency’s operating programs and the conduct of an integrated research and development program for the agency.

Science Policy Council—is responsible within the agency to address and resolve cross-media, cross-program, and cross-disciplinary science policy issues. The Council is chaired by the deputy administrator.

Office of Solid Waste and Emergency Response—provides policy, guidance, and direction for the land disposal of hazardous wastes, underground storage tanks, solid waste management, encouragement of innovative technologies, source reduction of wastes and the Superfund program.

Office of Water—is responsible for the agency’s water quality activities including development of national programs, technical policies, and regulations relating to drinking water, water quality, groundwater, pollution source standards, and the protection of wetlands, marine, and estuarine areas.

EPA has ten regional offices across the country, each of which is responsible for several states and in some cases, territories or special environmental programs.

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c. Discuss the potential liabilities of the Department of Energy and its contractors inherent in the enforcement of environmental regulations (i.e., CERCLA joint and several liability, compliance orders, enforcement actions, fines and penalties, and provisions for civil suits).

The following is taken from U.S. Environmental Protection Agency, Cleanup Enforcement.

CERCLA imposes joint and several liability. Joint liability means that more than one defendant is liable to the plaintiff. Several liability means the plaintiff may choose to sue only one of the defendants and recover the entire amount claimed. Joint and several liability is used only when harm is indivisible. If defendants can persuade the court that harm can be apportioned, each defendant is liable only for the harm it caused.

The following is taken from U.S. Environmental Protection Agency, Compliance and Enforcement at Federal Facilities, Federal Facilities Enforcement.

EPA has explicit authority to assess fines at Federal facilities violating environmental statutes. EPA’s Federal facilities civil enforcement program helps protect public health and the environment by ensuring that Federal facilities comply with Federal environmental laws.

EPA also enforces environmental cleanup requirements at Federal facilities. Cleanup enforcement authority is derived from several statutes: the CERCLA (or Superfund), the RCRA, including the underground storage tank (UST) program, and the Oil Pollution Act (OPA), a part of the CWA. These statutes, as well as presidential EOs, require Federal facilities to clean up environmental contamination at their facilities.

CERCLA requires Federal agencies to investigate and clean up contamination at their facilities. Federal facilities that are significantly contaminated may be placed on the CERCLA NPL. For such facilities CERCLA requires that EPA and the Federal facility enter into an interagency agreement (IAG) to govern the cleanup to be done. States often are signatories to these IAGs, too. Once an IAG has been signed, EPA monitors the cleanup schedule and milestones and oversees its requirements to ensure proper implementation of each cleanup. EPA can assess stipulated penalties for non-compliance with the terms of the IAG including missed milestones.

d. Discuss the role of the Department’s legal counsel in environmental compliance activities.

The following is taken from DOE, Office of the General Counsel.

The Office of the General Counsel is responsible for providing legal advice, counsel, and support to the Secretary, Deputy Secretary, and all DOE elements, except the NNSA and the Federal Energy Regulatory Commission. This Office assures that the Department operates in compliance with all pertinent laws and regulations.

The mission of the Office of NEPA Policy and Compliance is to ensure that DOE’s proposed actions comply with the requirements of NEPA and related environmental review requirements (e.g., National Historic Preservation Act, ESA, Fish and Wildlife Coordination Act, and others) that are necessary prior to project implementation. The Office is the

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departmental focal point for NEPA expertise and related activities in all program areas, covering virtually every facet of DOE’s diverse and complex operations.

The Deputy General Counsel for Environment and Nuclear Programs directs, manages, supervises and coordinates the activities and functions assigned to the Assistant General Counsel for Environment, the Assistant General Counsel for Civilian Nuclear Programs, and the Assistant General Counsel for International and National Security Programs.

Assistant General Counsel for Environment provides legal review, support and advice to DOE in regard to environmental protection and compliance with NEPA and other applicable environmental protection laws, regulations and other requirements. In addition, provides legal review, support, and advice to DOE and DOE contractors, in regard to labor, labor relations, pension, retiree benefit, anti-discrimination, and work force restructuring laws, regulations, and policies.

e. Discuss the enforcement of environmental statutes under civil and criminal authorities.

The following is taken from U.S. Environmental Protection Agency, Enforcement.

EPA’s civil, cleanup, and criminal enforcement programs work with the Department of Justice, state, and tribal governments to take legal actions in both Federal and state courts that bring polluters into compliance with Federal environmental laws. The agency emphasizes those actions that reduce the most significant risks to human health or the environment, and consults extensively with states and other stakeholders in determining risk-based priorities. The Federal laws regulate a wide variety of sources, including businesses, individuals, organizations, and public entities (such as water authorities). Other EPA enforcement programs specialize in particular aspects of these laws. Where violations are committed by federally-owned facilities or businesses, the Federal Facility Enforcement program has primary responsibility. When the remediation or cleanup of abandoned waste sites, private facilities or Federal facilities is required, cleanup enforcement takes over. If intentional or deliberate violations are found, they are referred to the Criminal Enforcement program for enforcement action.

EPA’s civil enforcement program protects human health and the environment by taking legal action to bring polluters into compliance with the Federal environmental laws. Every year, EPA stops the release of millions of tons of illegal pollution into the air, water, and onto the ground; we ensure the cleanup of contamination problems; and we prevent the causes of the pollution from reoccurring.

EPA’s cleanup enforcement program protects human health and the environment by getting those responsible for a hazardous waste site to either clean up or reimburse EPA for its cleanup. EPA uses a number of cleanup authorities independently and in combination to address specific cleanup situations. These authorities include the CERCLA/Superfund, RCRA, CWA, CAA, OPA, SWDA.

EPA’s criminal enforcement program uses stringent sanctions, including jail sentences, to promote deterrence and help ensure compliance in order to protect human health and the

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environment. Criminal enforcement is often used against the most serious environmental violations as well as those which involve egregious negligence or conduct involving intentional, willful or knowing disregard of the law.

f. Discuss the applicability of the following legal mandates in regulatory negotiations. Supremacy Clause of the U.S. Constitution Commerce Clause of the U.S. Constitution The Anti-Deficiency Act

Supremacy Clause of the U.S. Constitution The following is taken from the United States Patriots Union, The Facts about the Federal Supremacy Clause—The Facts Matter, Opinions Don’t.

This is the operative section of the Constitution pertaining to the supremacy clause—article VI, section II

“This Constitution, and the laws of the United States which shall be made in pursuance thereof; [1] and all treaties made, or which shall be made, under the authority of the United States, [2] shall be the supreme law of the land; and the judges in every state shall be bound thereby, [3] anything in the Constitution or laws of any State to the contrary notwithstanding. [4]”

Explanation of Critical Text in Order [1] The U.S. constitution is indeed the supreme law of this land. Laws of the United States also enjoy supremacy over state and local statutes, so long as they are made under the specific authority of the powers granted the United States via constitutional text. Laws created outside of the enumerated powers of the United States are by definition unconstitutional and therefore, bear no weight or authority whatsoever.

[2] This means only laws passed by congress, the branch given law-making authority in the constitution, not laws created by the judicial or executive branch; and laws passed by legitimate legislative processes, within the confines of congressional constitutional authority have supremacy. Unconstitutional laws carry no weight or power at all.

[3] Judges are not granted the authority to enforce social justice or invent laws via broad interpretations of unwritten text. They are obligated to enforce existing laws as they are written and passed by congress and signed into law by a legitimate chief executive. Judges are obligated to administer equal justice to all, without regard to race, creed or color. Equal justice requires equal application of the same standard, the same laws, as written, not as imagined one case to the next, by one judge to the next. As stated in this section, judges in every state are bound by this duty, and are in violation of their oath if they fail to adhere to this obligation.

[4] It is on this strict basis that Federal constitutional laws have supremacy. If a Federal law does not meet all of these requirements, it does not enjoy supremacy. The states agree to this via the compact (or contract) known as the U.S. constitution.

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Commerce Clause of the U.S. Constitution The following is taken from Exploring Constitutional Conflicts, Commerce Clause Limitations of State Regulations.

The commerce clause is a grant of power to congress, not an express limitation on the power of the states to regulate the economy. At least four possible interpretations of the commerce clause have been proposed. First, it has been suggested that the clause gives congress the exclusive power to regulate commerce. Under this interpretation, states are divested of all power to regulate interstate commerce. Second, it has been suggested that the clause gives congress and the states concurrent power to regulate commerce. Under this view, state regulation of commerce is invalid only when it is preempted by Federal law. Third, it has been suggested that the clause assumes that congress and the states each have their own mutually exclusive zones of regulatory power. Under this interpretation, it becomes the job of the courts to determine whether one sovereign has invaded the exclusive regulatory zone of the other. Finally, it has been suggested that the clause by its own force divests states of the power to regulate commerce in certain ways, but the states and congress retain concurrent power to regulate commerce in many other ways. This fourth interpretation, a complicated hybrid of two others, turns out to be the approach taken by the court in its decisions interpreting the commerce clause.

The Antideficiency Act The following is taken from the U.S. Government Accountability Office, Antideficiency Act Background.

The Antideficiency Act prohibits Federal employees from making or authorizing an expenditure from, or creating or authorizing an obligation

under, any appropriation or fund in excess of the amount available in the appropriation or fund unless authorized by law;

involving the government in any obligation to pay money before funds have been appropriated for that purpose, unless otherwise allowed by law;

accepting voluntary services for the United States, or employing personal services not authorized by law, except in cases of emergency involving the safety of human life or the protection of property;

making obligations or expenditures in excess of an apportionment or reapportionment, or in excess of the amount permitted by agency regulations.

Federal employees who violate the Antideficiency Act are subject to two types of sanctions: administrative and penal. Employees may be subject to appropriate administrative discipline including, when circumstances warrant, suspension from duty without pay or removal from office. In addition, employees may also be subject to fines, imprisonment, or both.

13. Environmental compliance personnel must demonstrate a familiarity level knowledge of the Clean Air Act (CAA) and implementing regulations.

a. Discuss the general application of the Clean Air Act to the Department of Energy and its facilities.

The following is taken from DOE, Office of Health, Safety, and Security, Clean Air Act.

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The modern CAA was enacted in 1970 and has served as a model for other Federal environmental legislation. As amended in 1977 and 1990, the statute is sweeping in scope, affecting thousands of air pollution sources across many industries. The regulatory programs authorized by the CAA fall into several categories. First, all new and existing stationary sources of air pollution are subject to air quality regulation through state implementation plans. Second, new sources are subject to more stringent emission control technology and permitting requirements. Third, the act addresses specific pollution problems, including hazardous air pollution, visibility impairment, and acid rain.

The 1990 law contains titles that strengthen measures for attaining air quality standards (Title I) set forth provisions relating to mobile sources (Title II) expand the regulation of hazardous air pollutants (Title III) require substantial reductions in power plant emissions for control of acid rain (Title

IV) establish operating permits for all major sources of air pollution (Title V) establish provisions for stratospheric ozone protection (Title VI) expand enforcement powers and penalties (Title VII)

The CAA Amendments have far-reaching effects not only on environmental activities at DOE facilities, but also on procurement, maintenance, and motor vehicle operation activities.

b. Discuss the National Ambient Air Quality Standards (primary and secondary) and the National Emission Standards for Hazardous Air Pollutants (NESHAP).

The following is taken from U.S. Environmental Protection Agency, Air and Radiation, National Ambient Air Quality Standards (NAAQS).

The CAA requires EPA to set NAAQS for pollutants considered harmful to public health and the environment. The CAA established two types of national air quality standards. Primary standards set limits to protect public health, including the health of “sensitive” populations such as asthmatics, children, and the elderly. Secondary standards set limits to protect public welfare, including protection against decreased visibility, damage to animals, crops, vegetation, and buildings.

The following is taken from Idaho Department of Environmental Quality, Air Toxics: Hazardous Air Pollutants and MACT Standards (Clean Air Act Section 112).

Hazardous air pollutants (HAPs) are pollutants that cause or may cause cancer or other serious health problems, such as reproductive effects or birth defects, or adverse environmental and ecological effects.

The CAA requires the EPA to regulate emissions of 187 HAPs from a published list of industrial sources called source categories. EPA has identified source categories that must meet technology requirements to control HAP emissions and is required to develop regulations for all industries that emit one or more of the HAPs in significant quantities. These standards are called the NESHAPs.

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The NESHAPs are air quality standards, issued under section 112 of the CAA (40 CFR 63), which regulate 187 HAPs from particular industrial sources. These industry-based NESHAPs are also called MACT (maximum achievable control technology) standards. MACT standards are designed to reduce HAP emissions to a maximum achievable degree, taking into consideration the cost of reductions and other factors.

The following is taken from U.S. Environmental Protection Agency, Green Book, Definitions.

A nonattainment area is any area that does not meet (or that contributes to ambient air quality in a nearby area that does not meet) the national primary or secondary ambient air quality standard for the pollutant.

An attainment area is any area that meets the national primary or secondary ambient air quality standard for the pollutant.

An unclassifiable is any area that cannot be classified on the basis of available information as meeting or not meeting the national primary or secondary ambient air quality standard for the pollutant.

c. Discuss the requirements for permitting prescribed in the regulations that implement Title V of the Clean Air Act.

The following is taken from DOE, Office of Health, Safety, and Security, Clean Air Act.

The new source performance standards (NSPS) set minimum nationwide emission limitations for classes of facilities. The NSPS are set at levels that reflect the degree of control achievable through the application of the best system of continuous emission reduction that has been adequately demonstrated for that category of sources. The NSPS must take into consideration the cost of achieving such emissions reduction, any non-air quality health and environmental impacts, and energy requirements.

The facility classes of most interest to DOE are those applicable to fossil-fuel-fired steam generators for which construction was begun after August 17, 1971 (40 CFR 60, subpart D, “Standards of Performance for Fossil-Fuel-Fired Steam Generators for Which Construction is Commenced After August 17, 1971”).

Title V of the CAA Amendments established a Federal permitting program which is to be administered by the states. Title V declared that after the effective date of any approved or promulgated permit program, it will be unlawful to operate a major source, affected source, or any other source (including an area source) subject to regulation under the CAA unless the source complies with all air quality requirements and has an operating permit. Under previous Federal law, construction permits were required only for new sources; existing sources were left largely unpermitted, unless the state elected to require an operating permit. The CAA amendments eliminated the distinction between new and existing sources; all major sources are now required to have an operating permit.

The new permit program will be fee-based, and Federal facilities are explicitly required to pay a fee or charge imposed by a state or local agency to defray the costs of its air pollution

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regulatory program. The statute sets minimum rates for such fees at $25 per ton of each regulated pollutant, up to 4,000 tons per year. The EPA administrator may set other amounts to adequately reflect reasonable costs of the permit program.

The following sources must have a permit to operate: Major HAP sources Major sources under NAAQS All affected sources under Title IV (control of acid rain) All sources subject to NSPS

On July 21, 1992, EPA promulgated a rule that defined the minimum elements of a state operating permit program. This rule applies directly to the states, but ultimately to sources.

d. Discuss the prevention of significant deterioration (PSD) requirements established by the Clean Air Act.

The following is taken from U.S. Environmental Protection Agency, New Source Review, Prevention of Significant Deterioration (PSD) Basic Information.

PSD applies to new major sources or major modifications at existing sources for pollutants where the area the source is located is in attainment or unclassifiable with the NAAQS. It requires the following: Installation of the best available control technology (BACT) An air quality analysis An additional impacts analysis Public involvement

BACT is an emissions limitation which is based on the maximum degree of control that can be achieved. It is a case-by-case decision that considers energy, environmental, and economic impact. BACT can be add-on control equipment or modification of the production processes or methods. This includes fuel cleaning or treatment and innovative fuel combustion techniques.

e. Identify the criteria pollutants defined in the Clean Air Act.

The following is taken from U.S. Environmental Protection Agency, Air and Radiation, Six Common Air Pollutants.

The EPA Office of Air Quality Planning and Standards has set national ambient air quality standards for six principal pollutants, which are called “criteria” pollutants. These pollutants are carbon monoxide, lead, nitrogen dioxide, particulate matter (PM10 and PM2.5), ozone, and sulfur dioxide.

f. Discuss the New Source Performance Standards (40 CFR 60).

The following is taken from U.S. Environmental Protection Agency, Compliance Monitoring, New Source Standards and State Improvement Plans.

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Section 111 of the CAA authorized the EPA to develop technology based standards which apply to specific categories of stationary sources. These standards are referred to as NSPS and are found in 40 CFR 60. The NSPS apply to new, modified and reconstructed affected facilities in specific source categories such as manufacturers of glass, cement, rubber tires, and wool fiberglass.

The NSPS are developed and implemented by EPA and are delegated to the states. However, even when delegated to the states, EPA retains authority to implement and enforce the NSPS.

Sources subject to NSPS are required to perform an initial performance test to demonstrate compliance. To demonstrate continuous compliance, some NSPS require sources to utilize continuous emission monitors. Sources may also be required to monitor control device operating parameters to demonstrate continuous compliance. Consistent with EPA’s clean air act stationary source compliance monitoring strategy, NSPS sources that meet the CAA definition of “major source” generally receive a full compliance evaluation by the state or regional office at least once every two years.

Also, the EPA issued national stack testing guidance, which focuses on those issues associated with the conduct of stack tests and the interpretation of the test results.

g. Discuss the Clean Air Act, Title V Stratospheric Ozone Protection concern.

[Note: Stratospheric Ozone Protection is actually Title VI of the Clean Air Act.]

The following is taken from U.S. Environmental Protection Agency, Ozone Layer Protection, Stratospheric Ozone Protection and Climate Change.

Global warming potential (GWP) represents how much a given mass of a chemical contributes to global warming over a given time period compared to the same mass of carbon dioxide. Carbon dioxide’s GWP is defined as 1.0. Many ozone-depleting substances have high GWPs. For example, chlorofluorocarbons-12 has a GWP around 10,000 and hydrochlorofluorocarbons (HCFC)-22 has a GWP around 1,800.

Because ozone-depleting substances have high GWPs, efforts to reduce the emissions of these substances under the Montreal Protocol result in a significant benefit to the climate and the stratospheric ozone layer.

A groundbreaking paper in the Proceedings of the National Academy of Sciences titled The Importance of the Montreal Protocol in Protecting the Climate calculates the benefits to the climate from citizen action and the Montreal Protocol in phasing out ozone-depleting substances that are also powerful greenhouse gases (GHGs). A team of scientists estimates that between 1990 and 2010 the Montreal Protocol will avoid roughly 5-6 times the emissions reductions required during the first commitment period of the Kyoto Protocol. They calculate that Montreal Protocol emission reductions will delay climate change by 7-12 years. They show that without the reductions of the Montreal Protocol, the climate impacts predicted by scientists would be encountered far sooner.

In September 2007, at the 19th Meeting of the Parties to the Montreal Protocol, signatory nations agreed to more aggressively phase out ozone-depleting HCFCs. The estimated

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climate benefit of the new, stronger HCFC phaseout may be around 9,000 million metric tons of carbon dioxide equivalent. This is equivalent to avoiding the emissions from 55 million U.S. passenger cars, or 40 percent of all U.S. passenger cars, each year for the next 30 years.

h. Discuss permitting and other requirements for the Greenhouse Gas (GHG) emissions rule.

The following is taken from U.S. Environmental Protection Agency, Greenhouse Gas Reporting Program.

In response to the FY2008 Consolidated Appropriations Act, EPA issued the Mandatory Reporting of Greenhouse Gases Rule that requires reporting of GHG data and other relevant information from large sources and suppliers in the United States. The purpose of the rule is to collect accurate and timely GHG data to inform future policy decisions. In general, the Rule is referred to as 40 CFR 98, “Mandatory Greenhouse Gas Reporting.” Implementation of 40 CFR 98 is referred to as the Greenhouse Gas Reporting Program (GHGRP).

Suppliers of certain products that would result in GHG emissions if released, combusted or oxidized; direct emitting source categories; and facilities that inject CO2 underground for geologic sequestration or any purpose other than geologic sequestration, are covered in 40 CFR 98. Facilities that emit 25,000 metric tons or more per year of GHGs are required to submit annual reports to EPA.

On August 4, 2011, the EPA issued technical corrections and other clarifying amendments to seven subparts under the Greenhouse Gas Reporting Rule. In general, the amendments do not change the overall requirements of the rule but improve clarity and ensure consistency across the calculation, monitoring and data reporting requirements. In addition, EPA is also proposing a limited, one time extension of the 2012 reporting deadline for reporting GHG information for subparts required to start collecting data in 2011. This extension would allow sufficient time for stakeholder testing of the online reporting tool for these new source categories.

On June 20, 2011, EPA Administrator Lisa P. Jackson signed a proposed rule that, if finalized, would extend the time period during which owners and operators of covered facilities would be permitted to use best available monitoring method (BAMM) during 2011 without submitting a request for approval to EPA under the final provisions outlined in subpart W, Petroleum and Natural Gas Systems of the Greenhouse Gas Reporting Rule. In addition, the proposed rule, if finalized, would expand the list of types of emissions sources which may use BAMM during 2011 without submitting a request and also extend the deadline for requesting BAMM beyond 2011. This proposal was published in the Federal Register on June 27, 2011.

On May 19, 2011, the EPA issued final confidentiality determinations for data elements to be reported under 34 subparts of the Greenhouse Gas Reporting Rule. In this action, EPA also amended the regulations that govern the handling procedures for data collected under the CAA. This action does not include data elements that are inputs to emission equations.

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i. Describe the basic monitoring and reporting requirements for radionuclides in 40 CFR 61, Subpart H, and state the dose limit.

The following is taken from 40 CFR 61.92.

Emissions of radionuclides to the ambient air from DOE facilities shall not exceed those amounts that would cause any member of the public to receive in any year an effective dose equivalent of 10 mrem/yr.

The following is taken from 40 CFR 61.93.

To determine compliance with the standard, radionuclide emissions shall be determined and effective dose equivalent values to members of the public calculated using EPA-approved sampling procedures, computer models CAP-88 or AIRDOS-PC, or other procedures for which EPA has granted prior approval. DOE facilities for which the maximally exposed individual lives within 3 km of all sources of emissions in the facility, may use EPA’s COMPLY model and associated procedures for determining dose for purposes of compliance.

Radionuclides emission rates from existing point sources (stacks or vents) shall be measured in accordance with the following requirements: Effluent flow rate measurements shall be made using the following methods:

o Reference method 2 of appendix A to 40 CFR 60 shall be used to determine velocity and volumetric flow rates for stacks and large vents.

o Reference method 2A of appendix A 40 CFR 60 shall be used to measure flow rates through pipes and small vents.

o The frequency of the flow rate measurements shall depend on the variability of the effluent flow rate. For variable flow rates, continuous or frequent flow rate measurements shall be made. For relatively constant flow rates only periodic measurements are necessary.

Radionuclides shall be directly monitored or extracted, collected and measured using the following methods: o Reference method 1 of appendix A to 40 CFR 60 shall be used to select

monitoring or sampling sites. o The effluent stream shall be directly monitored continuously with an in-line

detector or representative samples of the effluent stream shall be withdrawn continuously from the sampling site following the guidance presented in ANSIN13.1-1969.

o Radionuclides shall be collected and measured using procedures based on the principles of measurement described in appendix B, method 114. Use of methods based on principles of measurement different from those described in appendix B, method 114 must have prior approval from the Administrator. EPA reserves the right to approve measurement procedures.

o A QAP shall be conducted that meets the performance requirements described in appendix B, method 114.

When it is impractical to measure the effluent flow rate at an existing source in accordance with the requirements or to monitor or sample an effluent stream at an

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existing source in accordance with the site selection and sample extraction requirements, the facility owner or operator may use alternative effluent flow rate measurement procedures or site selection and sample extraction procedures provided that: o It can be shown that the requirements are impractical for the effluent stream. o The alternative procedure will not significantly underestimate the emissions. o The alternative procedure is fully documented. o The owner or operator has received prior approval from EPA.

Radionuclide emission measurements in conformance with requirements shall be made at all release points that have a potential to discharge radionuclides into the air in quantities that could cause an effective dose equivalent in excess of 1 percent of the standard. All radionuclides that could contribute greater than 10 percent of the potential effective dose equivalent for a release point shall be measured. With prior EPA approval, DOE may determine these emissions through alternative procedures. For other release points that have a potential to release radionuclides into the air, periodic confirmatory measurements shall be made to verify the low emissions. To determine whether a release point is subject to the emission measurement requirements, it is necessary to evaluate the potential for radionuclide emissions for that release point. In evaluating the potential of a release point to discharge radionuclides into the air, the estimated radionuclide release rates shall be based on the discharge of the effluent stream that would result if all pollution control equipment did not exist, but the facilities operations were otherwise normal.

Environmental measurements of radionuclide air concentrations at critical receptor locations may be used as an alternative to air dispersion calculations in demonstrating compliance with the standard if the owner or operator meets the following criteria: o The air at the point of measurement shall be continuously sampled for collection

of radionuclides. o Those radionuclides released from the facility, which are the major contributors to

the effective dose equivalent must be collected and measured as part of the environmental measurement program.

o Radionuclide concentrations which would cause an effective dose equivalent of 10 percent of the standard shall be readily detectable and distinguishable from background.

o Net measured radionuclide concentrations shall be compared to the concentration levels in 40 CFR 61, table 2 of appendix E to determine compliance with the standard. In the case of multiple radionuclides being released from a facility, compliance shall be demonstrated if the value for all radionuclides is less than the concentration level in table 2, and the sum of the fractions that result when each measured concentration value is divided by the value in table 2 for each radionuclide is less than 1.

o A QAP shall be conducted that meets the performance requirements described in appendix B, method 114.

o Use of environmental measurements to demonstrate compliance with the standard is subject to prior approval of EPA. Applications for approval shall include a detailed description of the sampling and analytical methodology and show how the above criteria will be met.

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Radionuclide emission rates from new point sources (stacks or vents) as defined in subpart A shall be measured in accordance with the following requirements, or other procedures for which EPA has granted prior approval: Effluent flow rate measurements shall be made using the following methods:

o ANSI/HPS N13.1-1999 shall be used to determine velocity and volumetric flow rates for stacks and large vents.

o ANSI/HPS N13.1-1999 shall be used to measure flow rates through pipes and small vents.

o The frequency of the flow rate measurements shall depend on variability of the effluent flow rate. For variable flow rates, continuous or frequent flow rate measurements shall be made. For relatively constant flow rates only periodic measurements are necessary.

Radionuclides shall be directly monitored or extracted, collected and measured using the following methods: o ANSI/HPS N13.1-1999 shall be used to select monitoring or sampling sites. o The effluent stream shall be directly monitored continuously with an in-line

detector or representative samples of the effluent stream shall be withdrawn continuously from the sampling site following the guidance presented in ANSI/HPS N13.1-1999. The requirements for continuous sampling are applicable to batch processes when the unit is in operation. Periodic sampling (grab samples) may be used only with EPA’s prior approval. Such approval may be granted in cases where continuous sampling is not practical and radionuclide emission rates are relatively constant. In such cases, grab samples shall be collected with sufficient frequency so as to provide a representative sample of the emissions.

o Radionuclides shall be collected and measured using procedures based on the principles of measurement described in appendix B, method 114. Use of methods based on principles of measurement different from those described in appendix B, Method 114 must have prior approval from the Administrator. EPA reserves the right to approve measurement procedures.

o A QAP shall be conducted that meets the performance requirements described in ANSI/HPS N13.1-1999.

When it is impractical to measure the effluent flow rate at a source in accordance with the requirements or to monitor or sample an effluent stream at a source in accordance with the requirements, the facility owner or operator may use alternative effluent flow rate measurement procedures or site selection and sample extraction procedures provided that: o It can be shown that the requirements are impractical for the effluent stream. o The alternative procedure will not significantly underestimate the emissions. o The alternative procedure is fully documented. o The owner or operator has received prior approval from EPA.

Radionuclide emission measurements in conformance with the requirements shall be made at all release points that have a potential to discharge radionuclides into the air in quantities that could cause an effective dose equivalent in excess of 1 percent of the standard. All radionuclides that could contribute greater than 10 percent of the potential effective dose equivalent for a release point shall be measured. With prior EPA approval, DOE may determine these emissions through alternative procedures.

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For other release points that have a potential to release radionuclides into the air, periodic confirmatory measurements shall be made to verify the low emissions.

To determine whether a release point is subject to the emission measurement requirements, it is necessary to evaluate the potential for radionuclide emissions for that release point. In evaluating the potential of a release point to discharge radionuclides into the air, the estimated radionuclide release rates shall be based on the discharge of the effluent stream that would result if all pollution control equipment did not exist, but the facilities operations were otherwise normal.

Environmental measurements of radionuclide air concentrations at critical receptor locations may be used as an alternative to air dispersion calculations in demonstrating compliance with the standard if the owner or operator meets the following criteria: o The air at the point of measurement shall be continuously sampled for collection

of radionuclides. o Those radionuclides released from the facility that are the major contributors to

the effective dose equivalent must be collected and measured as part of the environmental measurement program.

o Radionuclide concentrations that would cause an effective dose equivalent of 10 percent of the standard shall be readily detectable and distinguishable from background.

o Net measured radionuclide concentrations shall be compared to the concentration levels in 40 CFR 81, table 2 appendix E to determine compliance with the standard. In the case of multiple radionuclides being released from a facility, compliance shall be demonstrated if the value for all radionuclides is less than the concentration level in Table 2 of appendix E, and the sum of the fractions that result when each measured concentration value is divided by the value in table 2 of appendix E for each radionuclide is less than 1.

o A QAP shall be conducted that meets the performance requirements described in appendix B, method 114.

o Use of environmental measurements to demonstrate compliance with the standard is subject to prior approval of EPA. Applications for approval shall include a detailed description of the sampling and analytical methodology and show how the above criteria will be met.

The following is taken from 40 CFR 61.94.

Compliance with this standard shall be determined by calculating the highest effective dose equivalent to any member of the public at any offsite point where there is a residence, school, business or office.

The owners or operators of each facility shall submit an annual report to EPA headquarters and the appropriate regional office by June 30 that includes the results of the monitoring as recorded in DOE’s effluent information system and the dose calculations required for the previous calendar year.

An annual report shall include the following information: The name and location of the facility. A list of the radioactive materials used at the facility.

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A description of the handling and processing that the radioactive materials undergo at the facility.

A list of the stacks or vents or other points where radioactive materials are released to the atmosphere.

A description of the effluent controls that are used on each stack, vent, or other release point and an estimate of the efficiency of each control device.

Distances from the points of release to the nearest residence, school, business, or office and the nearest farms producing vegetables, milk, and meat.

The values used for all other user-supplied input parameters for the computer models (e.g., meteorological data) and the source of these data.

A brief description of all construction and modifications that were completed in the calendar year for which the report is prepared, but for which the requirement to apply for approval to construct or modify was waived under Sec. 61.96 and associated documentation developed by DOE to support the waiver. EPA reserves the right to require that DOE send to EPA all the information that normally would be required in an application to construct or modify, following receipt of the description and supporting documentation.

Each report shall be signed and dated by a corporate officer or public official in charge of the facility and contain the following declaration immediately above the signature line: “I certify under penalty of law that I have personally examined and am familiar with the information submitted herein and based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment.”

If the facility is not in compliance with the emission limits in the calendar year covered by the report, then the facility must commence reporting to the Administrator on a monthly basis the information listed in paragraph (b) of this section, for the preceding month. These reports will start the month immediately following the submittal of the annual report for the year in noncompliance and will be due 30 days following the end of each month. This increased level of reporting will continue until the Administrator has determined that the monthly reports are no longer necessary. In addition to all the information required in this section, monthly reports shall also include the following information: All controls or other changes in operation of the facility that will be or are being

installed to bring the facility into compliance. If the facility is under a judicial or administrative enforcement decree, the report will

describe the facilities performance under the terms of the decree.

In those instances where the information requested is classified, such information will be made available to EPA separate from the report and will be handled and controlled according to applicable security and classification regulations and requirements.

14. Environmental compliance personnel must demonstrate a familiarity level knowledge of the following laws and regulations as related to the environmental medium of water: Clean Water Act (CWA) Safe Drinking Water Act (SDWA)

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Oil Pollution Act of 1990 (OPA)

a. Discuss the application of the above laws and regulations to the Department of Energy and its facilities.

Clean Water Act The following is taken from DOE, Office of Health, Safety, and Security, Clean Water Act.

The CWA, formerly known as the Federal Water Pollution Control Act, intended to restore and maintain the chemical, physical, and biological integrity of the nation’s waters. To accomplish that objective, the act aimed to attain a level of water quality that “provides for the protection and propagation of fish, shellfish, and wildlife, and provides for recreation in and on the water” by 1983 and to eliminate the discharge of pollutants into navigable waters by 1985.

The CWA has five main elements: 1) a system of minimum national effluent standards for each industry, 2) water quality standards, 3) a discharge permit program that translates these standards into enforceable limits, 4) provisions for special problems such as toxic chemicals and oil spills, and 5) a revolving construction loan program for POTWs.

The CWA requires the EPA to establish effluent limitations for the amounts of specific pollutants that may be discharged by municipal sewage plants and industrial facilities. The two-step approach to setting the standards includes: 1) establishing a nationwide, base-level treatment through an assessment of what is technologically and economically achievable for a particular industry and 2) requiring more stringent levels of treatment for specific plants if necessary to achieve water quality objectives for the particular body of water into which that plant discharges. For example, EPA sets limits based on water quality to control pollution in waters designated by the states for drinking, swimming, or fishing.

The primary method by which the act imposes limitations on pollutant discharges is the nationwide permit program established under section 402 and referred to as NPDES. Under the NPDES program any person responsible for the discharge of a pollutant or pollutants into any waters of the United States from any point source must apply for and obtain a permit.

The sections of the act most relevant to DOE deal with requirements for technology-based effluent limitations, water quality-based effluent limitations, individual control strategies for toxic pollutants, NSPS, regulation of toxics and indirect discharges, Federal facilities’ pollution control, thermal discharges, permits under the NPDES, and permits for the discharge of dredged or fill materials into navigable waters.

All DOE facilities that discharge wastewaters to either a surface water body or a POTW must comply with the CWA. Facilities that directly discharge wastewaters must obtain an NPDES permit. This permit specifies the discharge standards and monitoring and reporting requirements that the facility must achieve for each point source or outfall.

For industrial facilities that existed before July 1, 1977, the “best conventional technology” must be applied to the discharge stream for conventional pollutants (section 301). For

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facilities built after July 1, 1977, so-called “new” facilities, the National Standards of Performance apply.

When either an existing or new facility discharges toxic pollutants, more stringent controls are required. The regulations for toxics are based on “best available technology economically achievable.” In all cases NPDES permits can be made even more stringent than the above standards if the specific water body in question requires lower discharges of pollutants to meet water quality standards.

Facilities that discharge to a municipal or publicly-owned wastewater system do not have to obtain an NPDES permit, but they must follow the pretreatment regulations. These pretreatment regulations require that industrial dischargers remove or treat all pollutants that could pass through the municipal system untreated or could adversely affect the performance of the municipal system. Toxic pollutants are the primary concern of these regulations.

Safe Drinking Water Act The following is taken from DOE, Office of Health, Safety, and Security, Safe Drinking Water Act (SDWA).

In 1974 Congress enacted the SDWA to manage potential contamination threats to groundwater. The act instructed EPA to establish a national program to prevent underground injections of contaminated fluids that would endanger drinking water sources. Primary drinking water standards promulgated under the SDWA apply to drinking water “at the tap” as delivered by public water supply systems. As such, the standards apply directly to those DOE facilities that meet the definition of a public water supply system.

Of equal significance to DOE is that the drinking water standards are used to determine groundwater protection regulations under a number of other statutes. Therefore, many of the SDWA requirements apply to DOE activities, especially cleanup of contaminated sites and storage and disposal of materials containing radionuclides, inorganic chemicals, organic chemicals, and hazardous wastes.

Section 1447 of the SDWA states that each Federal agency having jurisdiction over a federally-owned or maintained public water system must comply with all Federal, state, and local requirements; administrative authorities; and processes and sanctions regarding the provision of safe drinking water. Sections 1412, 1414, and 1445(a) of the SDWA authorize drinking water regulations and specific operating procedures for public water systems.

Oil Pollution Act The following is taken from U.S. Environmental Protection Agency, Summary of the Oil Pollution Act.

The OPA of 1990 streamlined and strengthened EPA’s ability to prevent and respond to catastrophic oil spills. A trust fund financed by a tax on oil is available to clean up spills when the responsible party is incapable or unwilling to do so. The OPA requires oil storage facilities and vessels to submit to the Federal government plans detailing how they will respond to large discharges. EPA has published regulations for above ground storage facilities; the U.S. Coast Guard has done so for oil tankers. The OPA also requires the

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development of area contingency plans to prepare and plan for oil spill response on a regional scale. Facilities that store and use oil must submit plans to respond to a worst-case discharge of oil and to a substantial threat of such a discharge.

b. Discuss water quality criteria and stream use classification identified in the CWA.

[Note: Stream use classification is not a term used in the CWA. Designated uses or use classifications may be what was intended.]

Water quality criteria and designated uses are components of water quality standards that are mandated in the CWA. Section 303 of the CWA requires states to develop water quality standards. Water quality criteria, designated uses (stream use classifications), and antidegradation (a classifications related topic) are defined in the following sections of this KSA, and the interrelationship of these concepts are discussed under water quality standards. Although it is a separate component of the CWA, technology-based effluent standards play a similar role in permitting and are briefly described at the end of this KSA.

Water Quality Criteria The following is taken from U.S. Environmental Protection Agency, Water Quality Criteria.

Section 304(a)(1) of the CWA requires the EPA to develop criteria for water quality that accurately reflects the latest scientific knowledge. These criteria are based solely on data and scientific judgments on pollutant concentrations and environmental or human health effects. Section 304(a) also provides guidance to states and tribes in adopting water quality standards. Criteria are developed for the protection of aquatic life as well as for human health. EPA’s compilation of national recommended water quality criteria is presented as a summary table containing recommended water quality criteria for the protection of aquatic life and human health in surface water for approximately 150 pollutants.

Designated Uses (Stream Use Classifications) The following is taken from U.S. Environmental Protection Agency, Water Quality Standards, What are Water Quality Standards? Designated Uses.

The water quality standards regulation requires that states and authorized Indian tribes specify appropriate water uses to be achieved and protected. Appropriate uses are identified by taking into consideration the use and value of the water body for public water supply, for protection of fish, shellfish, and wildlife, and for recreational, agricultural, industrial, and navigational purposes. In designating uses for a water body, states and tribes examine the suitability of a water body for the uses based on the physical, chemical, and biological characteristics of the water body, its geographical setting and scenic qualities, and economic considerations. Each water body does not necessarily require a unique set of uses. Instead, the characteristics necessary to support a use can be identified so that water bodies having those characteristics can be grouped together as supporting particular uses.

Where water quality standards specify designated uses less than those which are presently being attained, the state or tribe is required to revise its standards to reflect the uses actually being attained.

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A use attainability analysis must be conducted for any water body with designated uses that do not include the fishable/swimmable goal uses identified in the section 101(a)(2) of the act. Such water bodies must be reexamined every three years to determine if new information has become available that would warrant a revision of the standard. If new information indicates that fishable/swimmable uses can be attained, such uses must be designated.

Antidegradation Policy The following is taken from U.S. Environmental Protection Agency, Water Quality Standards, What are Water Quality Standards? Antidegradation Policy.

Water quality standards include an antidegradation policy and implementation method. The water quality standards regulation requires states and tribes to establish a three-tiered antidegradation program.

Tier 1 maintains and protects existing uses and water quality conditions necessary to support such uses. An existing use can be established by demonstrating that fishing, swimming, or other uses have actually occurred since November 28, 1975, or that the water quality is suitable to allow such uses to occur. Where an existing use is established, it must be protected even if it is not listed in the water quality standards as a designated use. Tier 1 requirements are applicable to all surface waters.

Tier 2 maintains and protects high quality waters—water bodies where existing conditions are better than necessary to support CWA section 101(a)(2) fishable/swimmable uses. Water quality can be lowered in such waters. However, state and tribal tier 2 programs identify procedures that must be followed and questions that must be answered before a reduction in water quality can be allowed. In no case may water quality be lowered to a level which would interfere with existing or designated uses.

Tier 3 maintains and protects water quality in outstanding national resource waters (ONRWs). Except for certain temporary changes, water quality cannot be lowered in such waters. ONRWs generally include the highest quality waters of the United States. However, the ONRW classification also offers special protection for waters of exceptional ecological significance (i.e., those which are important, unique, or sensitive ecologically). Decisions regarding which water bodies qualify to be ONRWs are made by states and authorized Indian tribes.

Antidegradation implementation procedures identify the steps and questions that must be addressed when regulated activities are proposed that may affect water quality. The specific steps to be followed depend upon which tier or tiers of antidegradation apply.

Water Quality Standards The following is taken from U.S. Environmental Protection Agency, Water Quality Standards, What are Water Quality Standards?

Water quality standards are the foundation of the water quality-based control program mandated by the CWA. Water quality standards define the goals for a waterbody by designating its uses, setting criteria to protect those uses, and establishing provisions to

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protect water quality from pollutants. A water quality standard consists of four basic elements:

1. Designated uses of the water body (e.g., recreation, water supply, aquatic life, agriculture)

2. Water quality criteria to protect designated uses (numeric pollutant concentrations and narrative requirements)

3. An antidegradation policy to maintain and protect existing uses and high quality waters

4. General policies addressing implementation issues (e.g., low flows, variances, mixing zones)

Technology-Based Effluent Standards The following is taken from U.S. Environmental Protection Agency, Effluent Limitation Guidelines, Treatment Technology.

EPA does not require the use or installation of particular technologies. Rather, the CWA, section 301, requires operators to meet certain performance standards that are based on the proper operation of pollution prevention and treatment technologies identified by EPA during an effluent guidelines and pretreatment standards rulemaking.

The EPA’s National Risk Management Research Laboratory provides a review of the removal and/or destruction of chemicals in various types of media, including water, soil, debris, sludge and sediment. The treatability data summarizes the types of treatment used to treat specific compounds, the type of waste/wastewater treated, the size of the study/plant, and the treatment levels achieved. The database currently contains over 1,200 chemical compounds and almost 16,000 sets of treatability data.

The EPA’s vendor information database contains information on more than 1,200 pollution prevention equipment, products, or services. This website allows the user to find listings using a free text method, or by selecting from the various equipment categories.

The goal of EPA’s environmental technology verification program is to further environmental protection by substantially accelerating the acceptance and use of improved, cost-effective technologies. Environmental technology verification seeks to achieve this goal by providing high-quality, peer-reviewed data on technology performance to those involved in the design, distribution, financing, permitting, purchase, and use of environmental technologies.

The EPA’s environmental technology opportunities portal links to programs that help fund development of new environmental technologies and offers information on existing environmental technologies. EPA offers several programs to assist the public and private sectors in developing and commercializing new environmental technologies. This is done through financial, testing and verification support, and by promoting use and acceptance of a technology through collaborative, incentive, partnership and advocacy, and information programs.

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c. Discuss the CWA permitting requirements, including monitoring and reporting. Include in the discussion the National Discharge Elimination System (NPDES) Program, including point source and the various types of storm water permits.

The following is taken from U.S. Environmental Protection Agency, National Pollutant Discharge Elimination System (NPDES), NPDES Permit Program Basics, Water Permitting 101.

Under the NPDES program, all facilities which discharge pollutants from any point source into waters of the United States are required to obtain an NPDES permit. A permit is typically a license for a facility to discharge a specified amount of a pollutant into a receiving water under certain conditions; however, permits may also authorize facilities to process, incinerate, landfill, or beneficially use sewage sludge. The two basic types of NPDES permits issued are individual and general permits.

An individual permit is a permit specifically tailored to an individual facility. Once a facility submits the appropriate application(s), the permitting authority develops a permit for that particular facility based on the information contained in the permit application (e.g., type of activity, nature of discharge, receiving water quality). The authority issues the permit to the facility for a specific time period (not to exceed five years) with a requirement that the facility reapply prior to the expiration date.

A general permit covers multiple facilities within a specific category. General permits may offer a cost-effective option for permitting agencies because of the large number of facilities that can be covered under a single permit. General permits, however, may only be issued to dischargers within a specific geographical area such as city, county, or state political boundaries; designated planning areas; sewer districts or sewer authorities; state highway systems; standard metropolitan statistical areas; or urbanized areas.

All NPDES permits, at a minimum, consist of the following general sections: Cover Page—Typically contains the name and location of the permittee, a statement

authorizing the discharge, and the specific locations for which a discharge is authorized.

Effluent Limits—The primary mechanism for controlling discharges of pollutants to receiving waters. Permit writers spend a majority of their time deriving appropriate effluent limits based on applicable technology-based and water quality-based standards.

Monitoring and Reporting Requirements—Used to characterize waste streams and receiving waters, evaluate wastewater treatment efficiency, and determine compliance with permit conditions.

Special Conditions—Conditions developed to supplement effluent limit guidelines. Examples include: BMPs, additional monitoring activities, ambient stream surveys, and toxicity reduction evaluations.

Standard Conditions—Preestablished conditions that apply to all NPDES permits and delineate the legal, administrative, and procedural requirements of the permit.

Every permit contains these five basic sections, but the contents of sections will vary depending on whether the permit is issued to a municipal or industrial facility and whether

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the permit will be issued to an individual facility or to multiple dischargers. Following the development of effluent limits, the permit writer develops appropriate monitoring and reporting conditions, facility-specific special conditions, and includes standard conditions that are the same for all permits.

EPA is authorized under the CWA to directly implement the NPDES program. EPA, however, may authorize states, territories, or tribes to implement all or parts of the national program. States, territories, or tribes applying for authorization may seek the authority to implement the base program (i.e., issue individual NPDES permits for industrial and municipal sources) and additional parts of the national program including, permitting of Federal facilities, administering the National Pretreatment Program, and/or administering the Municipal Sewage Sludge Program. The EPA retains oversight responsibility.

The following is taken from DOE, Office of Health, Safety, and Security, Clean Water Act.

Section 502(6) of the CWA defines the term pollutant to include radioactive materials. In its implementing regulations (40 CFR 122, in particular), however, EPA refined the definition of pollutant to exclude radioactive materials regulated under the AEA of 1954, as amended. Thus, although the CWA and its implementing regulations clearly apply to naturally occurring (e.g., radium) and accelerator-produced radioisotopes, they do not apply to source, byproduct, or SNM as defined by the AEA. Therefore, DOE discharges containing radioactive materials that are not source, byproduct, or SNM are regulated under the CWA by EPA or states having an EPA-authorized permit program.

d. Discuss the storm water management aspects of the NPDES program.

The following is taken from U.S. Environmental Protection Agency, National Pollutant Discharge Elimination System (NPDES), NPDES Permit Program Basics.

Other NPDES permit programs that can impact DOE site operations include combined sewer overflows, pretreatment, sanitary sewer overflows, and stormwater.

Combined sewer systems are sewers that are designed to collect rainwater runoff, domestic sewage, and industrial wastewater in the same pipe. Most of the time, combined sewer systems transport all of their wastewater to a sewage treatment plant, where it is treated and then discharged to a water body. During periods of heavy rainfall or snowmelt, however, the wastewater volume in a combined sewer system can exceed the capacity of the sewer system or treatment plant. For this reason, combined sewer systems are designed to overflow occasionally and discharge excess wastewater directly to nearby streams, rivers, or other water bodies. These overflows, called combined sewer overflows, contain not only stormwater but also untreated human and industrial waste, toxic materials, and debris. EPA policies provide methods and guidance on minimizing these overflows and their impact.

POTWs collect wastewater from homes, commercial buildings, and industrial facilities and transport it via a series of pipes to the treatment plant. Here, the POTW removes harmful organisms and other contaminants from the sewage so it can be discharged safely into the receiving stream. Generally, POTWs are designed to treat domestic sewage only. However, POTWs also receive wastewater from industrial (non-domestic) users. The general

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pretreatment regulations establish responsibilities of Federal, state, and local government, industry and the public to implement pretreatment standards to control pollutants from the industrial users which may pass through or interfere with POTW treatment processes or which may contaminate sewage sludge.

Properly designed, operated, and maintained sanitary sewer systems are meant to collect and transport all of the sewage that flows into them to a POTW. However, occasional unintentional discharges of raw sewage from municipal sanitary sewers occur in almost every system. These types of discharges are called sanitary sewer overflows. In addition to requiring proper O&M, NPDES permits for operators of sanitary sewer systems also require immediate reporting, extensive record keeping, and public notification for unauthorized sewage overflows.

Stormwater runoff is generated when precipitation from rain and snowmelt events flows over land or impervious surfaces and does not percolate into the ground. As the runoff flows over the land or impervious surfaces (paved streets, parking lots, and building rooftops), it accumulates debris, chemicals, sediment or other pollutants that could adversely affect water quality if the runoff is discharged untreated. The NPDES stormwater permitting program is designed to prevent stormwater runoff from washing harmful pollutants into local surface waters such as streams, rivers, lakes or coastal waters.

e. Discuss the U.S. Army Corps of Engineers Section 404 Nationwide Permit Program (NWP), including requirements for discharge of dredged or fill material into waters of the United States.

The following is taken from DOE, Office of Health, Safety, and Security, Clean Water Act.

Section 404 of the CWA enables the Corps of Engineers in the Department of the Army to issue permits for the discharge of dredged or fill materials into waters of the United States at specific sites. The Corps specifies a site by applying guidelines promulgated by the EPA (40 CFR 230, “Section 404(B)(1) Guidelines for Specification of Disposal Sites for Dredged or Fill Material”). Further, any proposal to dump dredged or fill materials into the ocean must comply with the dumping criteria set forth in regulations implementing section 227.13 of the Marine Protection, Research, and Sanctuaries Act.

Under Subsection 404(c) of the CWA, EPA can prohibit or limit the use of a proposed disposal site or withdraw an already designated site, under regulations codified at 40 CFR 231, “Section 404(C) Procedures.” This determination may occur if EPA foresees unacceptable impacts on municipal water supplies, shellfish beds, fishery areas, or wildlife and recreational areas. However, such a determination must be made after consultation with both the Corps and the permit applicant.

A significant feature of section 404 is that the Corps may issue general permits on a state, regional, or nationwide basis for dredging or fill activities that are similar in nature and cause only minimal individual and cumulative adverse impacts. General permits are granted for a period not to exceed five years. The Corps issues individual permits for actions that have a potential for significant environmental impacts.

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Various dredged and fill material disposal activities are excluded from CWA section 404 permitting requirements unless the action 1) alters the use of navigable waters or 2) impairs the flow of those waters. Actions thus excluded from permitting that may pertain to DOE projects include maintenance or emergency construction on damaged dams, transportation structures and related structures, drainage ditch maintenance, construction of temporary sediment basins at construction sites, and temporary road construction for moving mining equipment.

f. Discuss the standards for maximum contaminant levels (primary and secondary) contained in the SDWA.

The following is taken from U.S. Environmental Protection Agency, Ground Water and Drinking Water, Setting Standards for Safe Drinking Water, National Primary Drinking Water Standards.

A national primary drinking water regulation primary standard is a legally enforceable standard that applies to public water systems. Primary standards protect drinking water quality by limiting the levels of specific contaminants that can adversely affect public health and are known or anticipated to occur in water. They take the form of maximum contaminant levels (MCL) or treatment techniques. EPA maintains a list of these contaminants and their associated MCL. This list includes microorganisms, disinfectants, disinfection byproducts, inorganic chemicals, organic chemicals, and radionuclides.

The 1996 Amendments to the SDWA require EPA to go through several steps to determine, first, whether setting a standard is appropriate for a particular contaminant, and if so, what the standard should be. These determinations are based on health risks and the likelihood that the contaminant occurs in public water systems at levels of concern.

After reviewing health effects studies, EPA sets a maximum contaminant level goal (MCLG), the maximum level of a contaminant in drinking water at which no known or anticipated adverse effect on the health of persons would occur, and which allows an adequate margin of safety. Once the MCLG is determined, EPA sets an enforceable standard. In most cases, the standard is an MCL, the maximum permissible level of a contaminant in water which is delivered to any user of a public water system.

The MCL is set as close to the MCLG as feasible, which the SDWA defines as the level that may be achieved with the use of the best available technology (BAT), treatment techniques, and other means which EPA finds are available (after examination for efficiency under field conditions and not solely under laboratory conditions) are available, taking cost into consideration.

When there is no reliable method that is economically and technically feasible to measure a contaminant at particularly low concentrations, a treatment technique is set rather than an MCL. A treatment technique is an enforceable procedure or level of technological performance which public water systems must follow to ensure control of a contaminant.

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National Secondary Drinking Water Standards National secondary drinking water regulations or secondary standards are non-enforceable guidelines regulating contaminants that may cause cosmetic effects (such as skin or tooth discoloration) or aesthetic effects (such as taste, odor, or color) in drinking water. EPA recommends secondary standards to water systems but does not require systems to comply. However, states may choose to adopt them as enforceable standards.

g. Discuss the SDWA Underground Injection Control Program.

The following is taken from U.S. Environmental Protection Agency, Underground Injection Control Program (UIC).

An injection well is a device that places fluid deep underground into porous rock formations, such as sandstone or limestone, or into or below the shallow soil layer. These fluids may be water, wastewater, brine (salt water), or water mixed with chemicals. The UIC program defines an injection well as a bored, drilled, or driven shaft, or a dug hole that is deeper than it is wide, an improved sinkhole, or a subsurface fluid distribution system.

The five classes of injection wells are based on similarity in the fluids injected, activities, construction, injection depth, design, and operating techniques. This categorization ensures that wells with common design and operating techniques are required to meet appropriate performance criteria for protecting underground sources of drinking water (USDWs).

Class I wells inject hazardous wastes, industrial non-hazardous liquids, or municipal wastewater beneath the lowermost USDW.

Class II wells inject brines and other fluids associated with oil and gas production, and hydrocarbons for storage. They inject beneath the lowermost USDW.

Class III wells inject fluids associated with solution mining of minerals beneath the lowermost USDW.

Class IV wells inject hazardous or radioactive wastes into or above USDWs. These wells are banned unless authorized under a Federal or state groundwater remediation project.

Class V wells include all injection wells not included in classes I-IV. In general, class V wells inject non-hazardous fluids into or above USDWs and are typically shallow, onsite disposal systems. However, there are some deep class V wells that inject below USDWs.

The UIC program protects USDWs from endangerment by setting minimum requirements for injection wells. All injection must be authorized under either general rules or specific permits. Injection well owners and operators may not site, construct, operate, maintain, convert, plug, abandon, or conduct any other injection activity that endangers USDWs. The purpose of the UIC requirements is to ensure that injected fluids stay within the well and the intended injection zone mandate that fluids that are directly or indirectly injected into a USDW do not cause a

public water system to violate drinking water standards or otherwise adversely affect public health

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h. Discuss the SDWA monitoring and reporting requirements.

The following is taken from U.S. Environmental Protection Agency, Agriculture, Safe Water Drinking Act.

The UIC program (40 CFR 144-148) is a permit program that protects USDW by regulating five classes of injection wells. UIC permits include design, operating, inspection, and monitoring requirements. Wells used to inject hazardous wastes must also comply with RCRA corrective action standards in order to be granted an RCRA permit, and must meet applicable RCRA LDR standards. The UIC permit program is primarily state-enforced, since EPA has authorized all but a few states to administer the program.

i. Explain the spill prevention and control requirements of the CWA (40 CFR 109-114).

The following is taken from U.S. Environmental Protection Agency, Agriculture, Clean Water Act, Oil Spill Prevention, Control, and Countermeasures (SPCC) Program.

In 1973, EPA issued the oil pollution prevention regulation to address the oil spill prevention provisions contained in the CWA of 1972. The regulation forms the basis of EPA’s oil spill prevention, control, and countermeasures, or SPCC, program, which seeks to prevent oil spills from certain aboveground and underground storage tanks.

In December 2006, EPA amended the SPCC rule to streamline some of its requirements. As part of the oil pollution prevention regulation, the SPCC rule outlines requirements for prevention of, preparedness for, and response to oil discharges. Regulated facilities, including some farms, must develop and implement SPCC plans that establish procedures and equipment requirements to help prevent oil discharges from reaching waters of the United States or adjoining shorelines.

The following is taken from U.S. Environmental Protection Agency, SPCC Guidance for Regional Inspectors.

40 CFR 112.1, “General Applicability,” establishes the general applicability of the SPCC rule by describing the facilities, activities, and equipment that are subject to the rule and those that are excluded. In general, SPCC-regulated facilities are non-transportation related, have aboveground oil storage capacity of more than 1,320 gallons or an underground oil storage capacity of more than 42,000 gallons onsite, and could reasonably be expected to discharge oil to navigable waters or adjoining shorelines in quantities that may be harmful.

Facilities that are covered by this regulation are required to submit a spill prevention control and countermeasures plan. The purpose of the plan is to prevent oil and hazardous substances from reaching surface waters in the event of a spill. SPCC plans identify instances where the installation of equipment or practices will achieve this objective. The time frame for preparation is generally within six months of initial operation. The SPCC plan must then be fully implemented within one year of initial operation. A copy of the SPCC plan must be kept onsite. Furthermore, a registered professional engineer must certify that the SPCC plan is in accordance with good engineering practices.

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The SPCC plans must include the physical layout of the facility and include a facility diagram which must mark the location and contents of each container. The facility diagram must include all transfer stations and connecting pipes. The plan must also address the following: The type of oil in each container and its storage capacity Discharge prevention measures including procedures for routine handling of products

(loading, unloading, and facility transfers, etc.) Discharge or drainage controls such as secondary containment around containers and

other structures, equipment, and procedures for the control of a discharge Countermeasures for discharge discovery, response, and cleanup (both the facility’s

capability and those that might be required of a contractor) Methods of disposal of recovered materials in accordance with applicable legal

requirements Contact list and phone numbers for the facility response coordinator, National

Response Center, cleanup contractors with whom there is an agreement for response, and all appropriate Federal, state, and local agencies who must be contacted in case of a discharge

j. Discuss the primary purpose of the OPA and its applicability to the Department.

The following is taken from U.S. Environmental Protection Agency, Oil Pollution Act Overview.

The OPA was signed into law in August 1990, largely in response to rising public concern following the Exxon Valdez incident. The OPA improved the nation’s ability to prevent and respond to oil spills by establishing provisions that expand the Federal government’s ability, and provide the money and resources necessary, to respond to oil spills. The OPA also created the national Oil Spill Liability Trust Fund, which is available to provide up to one billion dollars per spill incident.

In addition, the OPA provided new requirements for contingency planning both by government and industry. The National Oil and Hazardous Substances Pollution Contingency Plan (more commonly called the National Contingency Plan, or NCP) has been expanded in a three-tiered approach: 1) the Federal government is required to direct all public and private response efforts for certain types of spill events;2) area committees—composed of Federal, state, and local government officials—must develop detailed, location-specific area contingency plans; and 3) owners or operators of vessels and certain facilities that pose a serious threat to the environment must prepare their own facility response plans.

Finally, the OPA increased penalties for regulatory noncompliance, broadened the response and enforcement authorities of the Federal government, and preserved state authority to establish law governing oil spill prevention and response.

Key Provisions of the Oil Pollution Act Provides that the responsible party for a vessel or facility from which oil is discharged, or which poses a substantial threat of a discharge, is liable for: 1) certain specified damages resulting from the discharged oil; and 2) removal costs incurred in a manner consistent with the NCP.

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Exceptions to the CWA liability provisions include: 1) discharges of oil authorized by a permit under Federal, state, or local law; 2) discharges of oil from a public vessel; or 3) discharges of oil from onshore facilities covered by the liability provisions of the Trans-Alaska Pipeline Authorization Act.

Provides that if a responsible party can establish that the removal costs and damages resulting from an incident were caused solely by an act or omission by a third party, the third party will be held liable for such costs and damages.

The liability for tank vessels larger than 3,000 gross tons is increased to $1,200 per gross ton or $10 million, whichever is greater. Responsible parties at onshore facilities and deepwater ports are liable for up to $350 million per spill; holders of leases or permits for offshore facilities, except deepwater ports, are liable for up to $75 million per spill, plus removal costs. The Federal government has the authority to adjust, by regulation, the $350 million liability limit established for onshore facilities.

Offshore facilities are required to maintain evidence of financial responsibility of $150 million and vessels and deepwater ports must provide evidence of financial responsibility up to the maximum applicable liability amount. Claims for removal costs and damages may be asserted directly against the guarantor providing evidence of financial responsibility.

The CWA does not preempt state law. States may impose additional liability (including unlimited liability), funding mechanisms, requirements for removal actions, and fines and penalties for responsible parties.

States have the authority to enforce, on the navigable waters of the state, OPA requirements for evidence of financial responsibility. States are also given access to Federal funds (up to $250,000 per incident) for immediate removal, mitigation, or prevention of a discharge, and may be reimbursed by the trust fund for removal and monitoring costs incurred during oil spill response and cleanup efforts that are consistent with the NCP.

Strengthens planning and prevention activities by: 1) providing for the establishment of spill contingency plans for all areas of the U.S.; 2) mandating the development of response plans for individual tank vessels and certain facilities for responding to a worst-case discharge or a substantial threat of such a discharge; and 3) providing requirements for spill removal equipment and periodic inspections.

The fine for failing to notify the appropriate Federal agency of a discharge is increased from a maximum of $10,000 to a maximum of $250,000 for an individual or $500,000 for an organization. The maximum prison term is also increased from one year to five years. The penalties for violations have a maximum of $250,000 and 15 years in prison.

Civil penalties are authorized at $25,000 for each day of violation or $1,000 per barrel of oil discharged. Failure to comply with a Federal removal order can result in civil penalties of up to $25,000 for each day of violation.

Amends the Internal Revenue Act of 1986 to consolidate funds established under other statutes and to increase permitted levels of expenditures. Penalties and funds established

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under several laws are consolidated, and the trust fund borrowing limit is increased from $500 million to $1 billion.

15. Environmental compliance personnel must demonstrate a familiarity level knowledge of the National Environmental Policy Act (NEPA) and its implementation requirements in the Department of Energy.

a. Discuss the following regarding the Act: Its purpose What are the implementing regulations to comply with the Act for the DOE? To whom does the Act apply? What might trigger compliance with the Act? When must a NEPA review be performed on a proposed Federal action?

The following is taken from U.S. Environmental Protection Agency, National Environmental Policy Act.

Title I of NEPA contains a declaration of national environmental policy which requires the Federal government to use all practicable means to create and maintain conditions under which man and nature can exist in productive harmony. Section 102 requires Federal agencies to incorporate environmental considerations in their planning and decision-making through a systematic interdisciplinary approach. Specifically, all Federal agencies are to prepare detailed statements assessing the environmental impact of and alternatives to major Federal actions significantly affecting the environment. These statements are commonly referred to as EISs.

Title II of NEPA establishes the council on environmental quality (CEQ).

The CEQ oversees NEPA. The duties and functions of the council are listed in Title II, section 204 of NEPA and include: gathering information on the conditions and trends in environmental quality; evaluating Federal programs in light of the goals established in Title I of the act; developing and promoting national policies to improve environmental quality; and conducting studies, surveys, research, and analyses relating to ecosystems and environmental quality.

The NEPA process consists of an evaluation of the environmental effects of a Federal undertaking including its alternatives. There are three levels of analysis depending on whether or not an undertaking could significantly affect the environment. These three levels include: CE determination; preparation of an environmental assessment/finding of no significant impact (EA/FONSI); and preparation of an EIS.

At the first level, an undertaking may be categorically excluded from a detailed environmental analysis if it meets certain criteria which a Federal agency has previously determined as having no significant environmental impact. A number of agencies have developed lists of actions which are normally categorically excluded from environmental evaluation under their NEPA regulations.

At the second level of analysis, a Federal agency prepares a written EA to determine whether or not a Federal undertaking would significantly affect the environment. If the answer is no,

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the agency issues a FONSI. The FONSI may address measures which an agency will take to reduce potentially significant impacts.

If the EA determines that the environmental consequences of a proposed Federal undertaking may be significant, an EIS is prepared. An EIS is a more detailed evaluation of the proposed action and alternatives. The public, other Federal agencies and outside parties may provide input into the preparation of an EIS and then comment on the draft EIS when it is completed.

If a Federal agency anticipates that an undertaking may significantly impact the environment, or if a project is environmentally controversial, a Federal agency may choose to prepare an EIS without having to first prepare an EA.

After a final EIS is prepared and at the time of its decision, a Federal agency will prepare a public record of its decision addressing how the findings of the EIS, including consideration of alternatives, were incorporated into the agency’s decision-making process.

In accordance with a memorandum of agreement between EPA and CEQ, EPA carries out the operational duties associated with the administrative aspects of the EIS filing process. The Office of Federal Activities in EPA has been designated the official recipient in EPA of all EISs prepared by Federal agencies.

For NCOS only:

b. Discuss the relationship between the Council on Environmental Quality (CEQ) and DOE implementing regulations.

In 1978, CEQ promulgated regulations implementing NEPA which are binding on all Federal agencies. The regulations address the procedural provisions of NEPA and the administration of the NEPA process, including preparation of EISs.

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c. What is the DOE NEPA compliance program Order number and what is its purpose?

The following is taken from DOE O 451.1B.

The purpose of DOE O 451.1B, National Environmental Policy Act Compliance Program, is to establish internal requirements and responsibilities for implementing NEPA, the CEQ regulations, and the DOE NEPA implementing procedures. DOE O 451.1B sets out the requirements and responsibilities for ensuring efficient and effective implementation of DOE’s NEPA compliance program. This Order applies to DOE elements. Although contractors may assist in DOE’s NEPA implementation, the legal obligation to comply with NEPA belongs to DOE. This Order does not apply to operations conducted under the authority of the Director, Naval Nuclear Propulsion Program.

d. Describe public participation in the NEPA process.

The following is taken from Council on Environmental Quality, Executive Office of the President, A Citizen’s Guide to the NEPA.

The NEPA process begins when an agency develops a proposal to address a need to take an action. The need to take an action may be something the agency identifies itself, or it may be a need to make a decision on a proposal brought to it by someone outside of the agency, for example, an applicant for a permit. Once it has developed a proposed action, the agency will enter the initial analytical approach to help it determine whether the agency will pursue the path of a CE, an EA, or an EIS. Figure 13 illustrates the NEPA public participation process.

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1. Agency Identifies a Need for Action and Develops a Proposal

2. Are Environmental Effects LikelyTo be Significant?

3. Approved Action isDescribed in Agency

Categorical Exclusion (CE)

5. Significant Environmental

Effects Uncertain or No Agency CE

8. Significant Environmental Effects May

or Will Occur

4. Does the Proposal Have Extraordinary

Circumstances?

6. Develop Environmental

Assessment (EA) With Public Involvement to the Extent Practicable

9. Notice of Intent to Prepare

Environmental Impact Statement (EIS)

10. Public Scoping and Appropriate Public

Involvement

11. Draft EIS

12. Public Review and Comment and Appropriate

Public Involvement

Significant Environmental Effects?

13. Final EIS

14. Public Availability of FEIS

Decision

7. Finding of No Significant Impact

15. Record of Decision

Implementation With Monitoring as Provided in Decision

YES

NO

YES

YES

NO

The NEPA Process

Source: A Citizen’s Guide to the NEPA

Figure 13. The NEPA process

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e. Discuss the scope of the DOE NEPA Order.

DOE O 451.1B applies to DOE elements, including the NNSA. Although contractors may assist in the Department’s NEPA implementation, the legal obligation to comply with NEPA belongs to DOE. In accordance with the responsibilities and authorities assigned by EO 12344, codified at 50 USC sections 2406 and 2511, and to ensure consistency throughout the joint Navy/DOE Naval Nuclear Propulsion Program, the Deputy Administrator for Naval Reactors (Director) will implement and oversee requirements and practices pertaining to this directive for activities under the Director’s cognizance, as deemed appropriate. Section 5.a (10), (12), and (14), Section 5.b, and Section 5.f do not apply to NNSA activities, except as provided in Section 6. Section 6 applies only to NNSA activities.

f. Briefly discuss the integration of consultation requirements with other environmental legislation.

The following is taken from Council on Environmental Quality, Executive Office of the President, A Citizen’s Guide to the NEPA.

NEPA requires Federal agencies to consider environmental effects that include, among others, impacts on social, cultural, and economic resources, as well as natural resources. Citizens often have valuable information about places and resources that they value and the potential environmental, social, and economic effects that proposed Federal actions may have on those places and resources.

16. Environmental compliance personnel must demonstrate a familiarity level knowledge of documents prepared from the NEPA review of a DOE Federal action and their implications to DOE’s operations.

a. Discuss the document types that may result from a DOE NEPA review.

The following is taken from CEQ, Regulations for Implementing NEPA.

Environmental Impact Statement (EIS) As required by section 102(2)(C) of NEPA, EISs are to be included in every recommendation or report on proposals for legislation and other major Federal actions significantly affecting the quality of the human environment.

Agencies shall make sure the proposal that is the subject of an EIS is properly defined. Agencies shall use the criteria for scope in section 1508.25 to determine which proposal(s) shall be the subject of a particular statement. Proposals or parts of proposals that are related to each other closely enough to be, in effect, a single course of action, shall be evaluated in a single impact statement.

Environmental impact statements may be prepared, and are sometimes required, for broad Federal actions such as the adoption of new agency programs or regulations. Agencies shall prepare statements on broad actions so that they are relevant to policy and are timed to coincide with meaningful points in agency planning and decision-making.

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When preparing statements on broad actions (including proposals by more than one agency), agencies may find it useful to evaluate the proposal(s) in one of the following ways: Geographically, including actions occurring in the same general location, such as a

body of water, region, or metropolitan area. Generically, including actions which have relevant similarities, such as common

timing, impacts, alternatives, methods of implementation, media, or subject matter. By stage of technological development, including Federal or federally-assisted

research, development, or demonstration programs for new technologies which, if applied, could significantly affect the quality of the human environment. Statements shall be prepared on such programs and shall be available before the program has reached a stage of investment or commitment to implementation likely to determine subsequent development or restrict later alternatives.

Agencies shall use a format for an EIS which will encourage good analysis and clear presentation of the alternatives including the proposed action. The following standard format for an EIS should be followed unless the agency determines that there is a compelling reason to do otherwise: Cover sheet Summary Table of contents Purpose of and need for action Alternatives including proposed action Affected environment Environmental consequences List of preparers List of agencies, organizations, and persons to whom copies of the statement are sent Index Appendices (if any)

Environmental Assessment An EA is a concise public document for which a Federal agency is responsible that serves to briefly provide sufficient evidence and analysis for determining whether to prepare an

environmental impact statement or a FONSI aid an agency’s compliance with the act when no EIS is necessary facilitate preparation of a statement when one is necessary

The EA shall include brief discussions of: the need for the proposal; alternatives, as required by section 102(2)(E); the environmental impacts of the proposed action; and alternatives. The EA shall also include a listing of agencies and persons consulted.

Finding of No Significant Impact Finding of no significant impact means a document by a Federal agency briefly presenting the reasons why an action, not otherwise excluded, will not have a significant effect on the human environment and for which an EIS therefore will not be prepared. It shall include the EA or a summary of it and shall note any other environmental documents related to it. If the assessment is included, the finding need not repeat any of the discussion in the assessment but may incorporate it by reference.

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Categorical Exclusion Categorical exclusion means a category of actions that do not individually or cumulatively have a significant effect on the human environment and which have been found to have no such effect in procedures adopted by a Federal agency in implementation of these regulations and for which, therefore, neither an EA nor an EIS is required. An agency may decide in its procedures or otherwise, to prepare EAs for the reasons stated in Sec. 1508.9 even though it is not required to do so. Any procedures under this section shall provide for extraordinary circumstances in which a normally excluded action may have a significant environmental effect.

Record of Decision (ROD) At the time of its decision or, if appropriate, its recommendation to Congress, each agency shall prepare a concise public ROD. The record, which may be integrated into any other record prepared by the agency, shall include the following: State what the decision was. Identify all alternatives considered by the agency in reaching its decision, specifying

the alternative or alternatives which were considered to be environmentally preferable. o An agency may discuss preferences among alternatives based on relevant factors

including economic and technical considerations and agency statutory missions. o An agency shall identify and discuss all such factors including any essential

considerations of national policy which were balanced by the agency in making its decision and state how those considerations entered into its decision.

State whether all practicable means to avoid or minimize environmental harm from the alternative selected have been adopted, and if not, why they were not. A monitoring and enforcement program shall be adopted and summarized where applicable.

b. In general, what are the implications to a DOE proposed action from preparing each of these document types?

The following is taken from U.S. Department of Energy, Recommendations for the Preparation of Environmental Assessments and Environmental Impact Statements.

In defining the scope of an EA or EIS, it is important to clearly describe the proposed action and identify the range of reasonable alternatives. In general, the range of reasonable alternatives is broader and the number of alternatives appropriately subjected to an analysis of impacts is greater in an EIS than in an EA.

CEQ’s regulations direct all agencies to use the NEPA process to identify and assess the reasonable alternatives to proposed actions that will avoid or minimize adverse effects of these actions upon the quality of the human environment.

From among the analyzed alternatives, an agency is to identify a preferred alternative. CEQ’s regulations require that an EIS “identify the agency’s preferred alternative or alternatives, if one or more exists, in the draft statement and identify such alternative in the final statement unless another law prohibits the expression of such a preference.”

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CEQ’s guidance indicates that the preferred alternative is the alternative that the agency believes would fulfill its statutory mission and responsibilities, giving consideration to economic, environmental, technical and other factors. It is identified to inform the public of the agency’s orientation. CEQ’s guidance further states that the preferred alternative could be, but is not necessarily, the proposed action.

CEQ’s regulations require that EISs identify those alternatives that have been eliminated from detailed study because they are unreasonable and briefly discuss why they have been eliminated. This is also good practice for EAs, particularly when parties who are questioning the action have suggested alternatives that DOE believes do not respond to the purpose and need, or are unreasonable in other respects. If all or nearly all prospective alternatives are found to be unreasonable, the purpose and need may be too narrowly defined.

Sometimes the proposed action is stated in the form of a specific alternative. Sometimes the proposed action is a broad proposal to fulfill the underlying purpose and need through one or more alternatives. As an example of the latter case, DOE may have a purpose and need to safely store or dispose of an inventory of waste that must first be treated to enhance its stability. The proposed action might be to select one or more waste treatment technologies described in the range of reasonable alternatives.

With regard to EISs, CEQ’s regulations state that an agency should analyze connected actions and cumulative actions in one EIS. An agency also should analyze its similar actions in one EIS when that is the best way to adequately assess the combined impacts of the similar actions or reasonable alternatives.

Agency-connected actions are those actions that automatically trigger other actions that may require EISs, cannot or will not proceed unless other actions are taken previously or simultaneously, or are interdependent parts of a larger action and depend on the larger action for justification. Cumulative actions are those that when viewed with other actions proposed by the agency have cumulatively significant impacts and therefore should be discussed in the same EIS. Similar actions are those that when viewed with other reasonably foreseeable or proposed agency actions have similarities that provide a basis for evaluating their environmental impacts together, such as common timing or geography.

CEQ’s regulations are directed at avoiding segmentation, wherein the significance of the environmental impacts of an action as a whole would not be evident if the action were to be broken into component parts and the impact of those parts analyzed separately. Although CEQ’s regulations do not specifically direct agencies to consider their connected actions, cumulative actions, and similar actions in defining the scope of an EA, the impacts from such actions should be considered together in a single EA.

Cumulative, connected, or similar actions should not be confused with cumulative impacts, which result from the past, present, or reasonably foreseeable actions of any Federal or non-Federal agency.

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c. What are the two decision documents and how do they affect the proposed Federal action resulting from a NEPA review?

The two decision documents are a FONSI and the ROD.

FONSI A public document issued by a Federal agency briefly presenting the reasons why an action for which the agency has prepared an EA will not have a significant effect on the human environment and, therefore, will not require preparation of an EIS.

ROD A concise public document that records a Federal agency’s decision(s) concerning a proposed action for which the agency has prepared an EIS.

For NCOS only:

d. Discuss selecting the appropriate level of DOE NEPA documentation.

The following is taken from U.S. Environmental Protection Agency, NEPA flow chart.

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Source: U.S. Environmental Protection Agency, NEPA flow chart

Figure 14. Selecting the appropriate NEPA document

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e. Demonstrate past performance with EISs, EAs, and CXs.

This is a performance-based KSA. The Qualifying Official will evaluate its completion.

f. What documents are required to be posted on the HQ NEPA Web and are there time constraints?

The following is taken from DOE NEPA Web.

The following documents must be posted on the HQ NEPA Web: Environmental assessments (EA) Environmental impact statements (EIS) Categorical exclusions (CX) Findings of no significant impact (FONSI)

An EIS should be completed within one year and an EA should be completed in six months.

The following is taken from Memorandum for Heads of Federal Departments and Agencies: Establishing and Applying Categorical Exclusions Under The National Environmental Policy Act.

When substantiating a new CX, Federal agencies should: 1) gather information supporting a proposed CX; 2) evaluate the information; and 3) make findings to explain how the agency determined the proposed category of actions does not result in individual or cumulatively significant environmental effects.

The following is taken from the EPA Environmental Review Toolkit, Finding of No Significant Impact.

A FONSI is issued when environmental analysis and interagency review during the EA process find a project to have no significant impacts on the quality of the environment. The FONSI document is the EA modified to reflect all applicable comments and responses. If it was not done in the EA, the FONSI must include the project sponsor’s recommendation or selected alternative. No formal public circulation of the FONSI is required, but the state clearinghouse must be notified of the availability of the FONSI. In addition, the public must be notified through notices in local newspapers.

17. Environmental compliance personnel must demonstrate a familiarity level knowledge of the following laws, regulations, and Department of Energy Orders as related to radiation protection of the public and environment: Atomic Energy Act, including the Price-Anderson Act Amendments DOE O 458.1, Radiation Protection of the Public and the Environment

a. Discuss liability related issues of the Department and its contractors under the Price-Anderson Act.

The following is taken from DOE-HDBK-1085-95.

The Price-Anderson Amendments Act (PAAA) provides indemnification to DOE contractors who manage and conduct nuclear activities in the DOE complex. In a general sense, the

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government acts as an insurer for these contractors against any findings of liability arising from the nuclear activities of the contractor within the scope of its contract.

In 1988, the PAAA was signed into law to extend the government insurance program which was about to expire. It differed from the original act in two principal ways. First, it made Price-Anderson coverage mandatory for all management and operating (M&O) contractors, subcontractors, and suppliers conducting nuclear activities for DOE (for the purposes of the statute, “nuclear” includes “radiological”). Second, Congress mandated that DOE change its methods of managing nuclear activities at those sites by requiring DOE to undertake enforcement actions against indemnified contractors for violations of nuclear safety requirements. Thus, indemnification risks would be minimized by minimizing the risk to workers and the public. The benefit of indemnification is accompanied by the availability of sanctions to assure compliance with nuclear safety rules.

For all M&O contractors, subcontractors, and suppliers thereto, DOE has the authority to issue notices of violation when non-compliances with nuclear safety requirements are identified. In addition, for cases involving for-profit contractors, DOE has the authority to issue fines for violations of nuclear safety rules up to $100,000 per day per occurrence (now $110,000 per day per occurrence). Civil penalties are not applicable to individual employees or to contractors specifically exempted by section 234A (d) of the AEA of 1954 (as amended).

10 CFR 820, “Procedural Rules for DOE Nuclear Activity,” establishes the legal framework for implementing DOE’s nuclear safety enforcement program. The responsibility for program development and implementation has been assigned to the enforcement and investigation staff in the Office of Health, Safety, and Security. Early in the process of developing the enforcement program, it was recognized that significant integration with other DOE organizations and programs, such as the QAP, would be necessary and appropriate. This integration or matrix approach would best use the existing DOE programs and technical resources to ensure the enforcement process properly considers the actual or potential safety significance of a violation when determining an appropriate enforcement sanction.

b. Discuss the Department’s policy and objectives regarding the protection of the public and the environment from radiation as contained in DOE O 458.1.

The following is taken from DOE O 458.1, chg 2.

The objectives of DOE O 458.1 chg 2 are to conduct DOE radiological activities so that exposure to members of the public is

maintained within the dose limits established in DOE O 458.1, chg 2 control the radiological clearance of DOE real and personal property ensure that potential radiation exposures to members of the public are as low as is

reasonably achievable ensure that DOE sites have the capabilities to monitor routine and non-routine

radiological releases and to assess the radiation dose to members of the public provide protection of the environment from the effects of radiation and radioactive

material

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c. Discuss the DOE public dose limit and its applicability, including the general DOE radiological release procedures for property.

The following is taken from DOE O 458.1, chg 2.

DOE radiological activities, including remedial actions and activities using technologically enhanced naturally occurring radioactive material, must be conducted so that exposure of members of the public to ionizing radiation will not cause a total effective dose exceeding 100 mrem (1mSv) in a year, an equivalent

dose to the lens of the eye exceeding 1500 mrem (15 mSv) in a year, or an equivalent dose to the skin or extremities exceeding 5000 mrem (50 mSv) in a year, from all sources of ionizing radiation and exposure pathways that could contribute significantly to the total dose excepting o dose from radon and its decay products in air. Radon is regulated separately (e.g.,

under 40 CFR 61, CFR Part 61, subparts Q and T); o dose received by patients from medical sources of radiation, and by volunteers in

medical research programs; o dose from background radiation; o dose to general employees regulated under 10 CFR 835 or Nuclear Regulatory

Commission (NRC) license; comply with ALARA (as low as reasonably achievable) program requirements.

The public dose limit applies to members of the public located off DOE sites and on DOE sites exposed to residual radioactive material subsequent to any remedial action or

clearance of property

See KSA d of this competency statement for a discussion of radiological release procedures for property.

d. List and discuss the factors that must be considered pertaining to the release of materials and equipment having residual radioactive material.

The following is taken from DOE Order 5400.5.

Release of Real Property Release of real property (land and structures) shall be in accordance with the guidelines and requirements for residual radioactive material presented in chapter IV of DOE Order 5400.5, Radiation Protection of the Public and the Environment. These guidelines and requirements apply to DOE-owned facilities and to private properties that are being prepared by DOE for release. Real properties owned by DOE that are being sold to the public are subject to the requirements of section 120(h) of the CERCLA, as amended, concerning hazardous substances, and to any other applicable Federal, state, and local requirements. The requirements of 40 CFR 192, “Health and Environmental Protection Standards for Uranium and Thorium Mill Tailings,” are applicable to properties remediated by DOE under Title I of the Uranium Mill Tailings Radiation Control Act.

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Release of Personal Property Personal property, which potentially could be contaminated, may be released for unrestricted use if the results of a survey with appropriate instruments indicate that contamination to the property is less than the established contamination limits.

Release of Materials and Equipment Surface Contamination Levels Prior to being released, property shall be surveyed to determine whether removable and total surface contamination (including contamination present on and under any coating) are in compliance with the established acceptable levels, and that the contamination has been subjected to the ALARA process.

Potential for Contamination Property shall be considered to be potentially contaminated if it has been used or stored in radiation areas that could contain unconfined radioactive material or that are exposed to beams of particles capable of causing activation (neutrons, protons, etc.).

Surveys Surfaces of potentially contaminated property shall be surveyed using instruments and techniques appropriate for detecting the unacceptable limits.

Inaccessible Areas Where potentially contaminated surfaces are not accessible for measurement (as in some pipes, drains, and ductwork), such property may be released after case-by-case evaluation and when documentation based on the history of its use and available measurements demonstrate that the unsurveyable surfaces are likely to be within the established limits.

Records The records of released property shall include a description or identification of the property, the date of the last radiation survey, the identity of the organization and the individual who performed the monitoring operation, the type and identification number of monitoring instruments, the results of the monitoring operation, and the identity of the recipient of the released material.

Volume Contamination No guidance is currently available for release of material that has been contaminated in depth, such as activated material or smelted contaminated metals (e.g., radioactivity per unit volume or per unit mass). Such materials may be released if criteria and survey techniques are approved by EH-1 (now the Office of Health, Safety, and Security).

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18. Environmental compliance personnel must demonstrate a familiarity level knowledge of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)/Superfund Amendments Act (SARA) regulations.

a. Discuss the history and purpose of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)/Superfund Amendments and Reauthorization Act (SARA).

CERCLA The following is taken from U.S. Environmental Protection Agency, Superfund, CERCLA Overview.

CERCLA, commonly known as Superfund, was enacted by Congress on December 11, 1980. This law created a tax on the chemical and petroleum industries and provided broad Federal authority to respond directly to releases or threatened releases of hazardous substances that may endanger public health or the environment. Over five years, $1.6 billion was collected and the tax went to a trust fund for cleaning up abandoned or uncontrolled hazardous waste sites. CERCLA established prohibitions and requirements concerning closed and abandoned

hazardous waste sites provided for liability of persons responsible for releases of hazardous waste at these

sites established a trust fund to provide for cleanup when no responsible party could be

identified

The law authorizes two kinds of response actions: Short-term removals, where actions may be taken to address releases or threatened

releases requiring prompt response. Long-term remedial response actions, that permanently and significantly reduce the

dangers associated with releases or threats of releases of hazardous substances that are serious, but not immediately life-threatening. These actions can be conducted only at sites listed on EPA’s NPL.

CERCLA also enabled the revision of the NCP. The NCP provided the guidelines and procedures needed to respond to releases and threatened releases of hazardous substances, pollutants, or contaminants. The NCP also established the NPL.

CERCLA was amended by the Superfund Amendments and Reauthorization Act (SARA) on October 17, 1986.

SARA The following is taken from U.S. Environmental Protection Agency, Superfund, SARA Overview.

SARA reflected EPA’s experience in administering the complex Superfund program during its first six years and made several important changes and additions to the program: Stressed the importance of permanent remedies and innovative treatment technologies

in cleaning up hazardous waste sites

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Required Superfund actions to consider the standards and requirements found in other state and Federal environmental laws and regulations

Provided new enforcement authorities and settlement tools Increased state involvement in every phase of the Superfund program Increased the focus on human health problems posed by hazardous waste sites Encouraged greater citizen participation in making decisions on how sites should be

cleaned up Increased the size of the trust fund to $8.5 billion

SARA also required EPA to revise the hazard ranking system (HRS) to ensure that it accurately assessed the relative degree of risk to human health and the environment posed by uncontrolled hazardous waste sites that may be placed on the NPL.

b. Discuss the National Oil and Hazardous Substances Pollution Contingency Plan (NCP) and how it is implemented, including: How releases are reported How the Reportable Quantities (RQ) specified by CERCLA are applied

The following is taken from 40 CFR 300.125.

The National Response Center, located at United States Coast Guard (USCG) Headquarters, is the national communications center, continuously manned for handling activities related to response actions. The National Response Center acts as the single point of contact for all pollution incident reporting, and as the National Response Team (NRT) communications center. Notice of discharges and releases must be made telephonically through a toll free number or a special local number.

The National Response Center receives and immediately relays telephone notices of discharges or releases to the appropriate predesignated Federal onsite coordinator (OSC). The telephone report is distributed to any interested NRT member agency or Federal entity that has established a written agreement or understanding with the National Response Center. The National Response Center evaluates incoming information and immediately advises Federal Emergency Management Agency of a potential major disaster situation.

The Commandant, USCG, in conjunction with other NRT agencies, shall provide the necessary personnel, communications, plotting facilities, and equipment for the NRC.

Notice of an oil discharge or release of a hazardous substance in an amount equal to or greater than the reportable quantity (RQ) must be made immediately in accordance with 33 CFR 153, “Control of Pollution by Oil and Hazardous Substances, Discharge Removal,” subpart B, and 40 CFR 302, “Designation, Reportable Quantities, and Notification Respectively.” Notification shall be made to the NRC Duty Officer, HQ USCG, Washington, DC, telephone (800) 424-8802 or (202) 267-2675. All notices of discharges or releases received at the NRC will be relayed immediately by telephone to the OSC.

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The following is taken from U.S. Environmental Protection Agency, Superfund, Reportable Quantities.

For convenience, EPA has used the mixture rule to calculate the RQs for four common radionuclide mixtures:

Radionuclide RQ

Radium-226 in secular equilibrium with its daughters 0.053 Ci

Natural uranium 0.1 Ci

Natural uranium in secular equilibrium with its daughters 0.052 Ci

Thorium-232 in secular equilibrium with its daughters 0.011 Ci

For purposes of establishing RQ adjustments under CERCLA, EPA has adopted the five RQ levels of 1, 10, 100, 1,000, and 5,000 pounds originally established pursuant to CWA section 311. The agency adopted the CWA five-level system primarily because: 1) it had been successfully used for the CWA; 2) the regulated community was already familiar with these five levels; and 3) it provides a relatively high degree of discrimination among the potential hazards posed by different CERCLA hazardous substances.

There are seven RQ levels for radionuclides: 0.001, 0.01, 0.1, 1, 10, 100, and 1,000 Ci.

The requirements for reporting mixtures of radionuclides depend on whether the composition of the mixture is known or unknown. If the identity and quantity (in curies) of each radionuclide involved in a release is known, the decision whether to report the release must be made in the following manner: for each radionuclide in the mixture, determine the ratio between the quantity released and the RQ for the radionuclide. If the sum of the ratios for all radionuclides is less than one, the release need not be reported. If the sum of the ratios is equal to or greater than one, the release must be reported to the NRC.

c. Discuss the general requirements for the response actions taken pursuant to CERCLA. Removal Actions Remedial Actions

o Preliminary Assessment/Site Inspection (PA/SI) o National Priority List (NPL) Process o Remedial Investigation/Feasibility Study (RI/FS) o Record of Decision (ROD) o Remedial Design Remedial Action (RD/RA) o Construction Completion o Post Construction Completion activities o NPL Deletion

Removal Actions The following is from United States Environmental Protection Agency, Use of Non-time-critical Removal Authority in Superfund Response Actions.

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In order for the lead agency to make a determination that a removal action is warranted, the lead agency must first make the determination, preferably in the action memorandum, that there is a release or threat of release into the environment of a hazardous substance, or a release or threat of release into the environment of a pollutant or contaminant which may present an imminent and substantial danger to public health or welfare. The lead agency must also make a determination, preferably documented in the action memorandum, that there is a threat to public health, or welfare or the environment. This determination must be based on a consideration of the appropriateness of a removal action in relation to the factors set out in section 300.415(b)(2). These factors are: Actual or potential exposure to nearby human populations, animals, or the food chain

from hazardous substances or pollutants or contaminants Actual or potential contamination of drinking water supplies or sensitive ecosystems Hazardous substances or pollutants or contaminants in drums, barrels, tanks, or other

bulk storage containers that may pose a threat of release High levels of hazardous substances or pollutants or contaminants in soils largely at

or near the surface, that may migrate Weather conditions that may cause hazardous substances or pollutants or

contaminants to migrate or be released Threat of fire or explosion The availability of other appropriate Federal or state mechanisms to respond to the

release Other situations or factors that may pose threats to public health or welfare or the

environment

In determining the appropriateness of any removal action, the EPA considers the NCP factors set out above and is guided by the partial list of appropriate removal actions set out in 40 CFR 300.415. The EPA considers the factors set out in 40 CFR 300.415 as factors that are relevant to determining whether it is appropriate, in a specific circumstance, to employ removal, rather than remedial, authority.

In addition to considering section 300.415 factors, EPA decision-makers should also consider the following additional factors in determining whether to employ a non-time-critical removal action or a remedial action in a particular situation: 1) time-sensitivity of the response; 2) the complexity of both the problems to be addressed and the action to be taken; 3) the comprehensiveness of the proposed action and 4) the likely cost of the action. The interplay of these factors, and how varying combinations of them can point toward use of one response authority over the other, are discussed below.

In considering all of these factors, including those supplied by the NCP, regional decision makers often will have to make choices based on information that is far from complete or comprehensive. As they must do in many other situations, regional decision-makers must use their professional judgment and make prudent decisions in light of available information. The information which the decision-maker considers or relies on in making this determination should be placed in the administrative record.

Generally, where a site presents a relatively time-sensitive, non-complex problem that can and should be addressed relatively inexpensively, EPA would normally address the problem by use of removal authority. But even expensive and complex response actions may be

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removal action candidates if they are relatively time-sensitive—regardless of whether any further action might ultimately be selected for a site. Thus, for example, removal authority may be appropriate for incineration of thousands of drums that are degrading over time; especially where the agency determines as part of an initial removal action that such disposal is warranted regardless of any further action that EPA may ultimately decide is appropriate for a site. Similarly, even technically complex actions may be appropriately implemented under removal authority.

The following is taken from 40 CFR 300.415.

The following removal actions are, as a general rule, appropriate in the types of situations shown; however, this list is not exhaustive and is not intended to prevent the lead agency from taking any other actions deemed necessary under CERCLA, CWA section 311, or other private, Federal or state enforcement or response authorities, and the list does not create a duty on the lead agency to take action at any particular time. Fences, warning signs, or other security or site control precautions—where humans or

animals have access to the release Drainage controls, for example, run-off or run-on diversion—where needed to reduce

migration of hazardous substances or pollutants or contaminants offsite or to prevent precipitation or run-off from other sources, for example, flooding, from entering the release area from other areas

Stabilization of berms, dikes, or impoundments or drainage or closing of lagoons—where needed to maintain the integrity of the structures

Capping of contaminated soils or sludges—where needed to reduce migration of hazardous substances or pollutants or contaminants into soil, ground or surface water, or air

Using chemicals and other materials to retard the spread of the release or to mitigate its effects—where the use of such chemicals will reduce the spread of the release

Excavation, consolidation, or removal of highly contaminated soils from drainage or other areas—where such actions will reduce the spread of, or direct contact with, the contamination

Removal of drums, barrels, tanks, or other bulk containers that contain or may contain hazardous substances or pollutants or contaminants—where it will reduce the likelihood of spillage; leakage; exposure to humans, animals, or food chain; or fire or explosion

Containment, treatment, disposal, or incineration of hazardous materials—where needed to reduce the likelihood of human, animal, or food chain exposure

Provision of alternative water supply—where necessary immediately to reduce exposure to contaminated household water and continuing until such time as local authorities can satisfy the need for a permanent remedy

Remedial Actions Preliminary Assessment/Site Inspection (PA/SI) The following is taken from U.S. Environmental Protection Agency, Superfund, Preliminary Assessment/Site Inspection.

The PA and SI are used by EPA to evaluate the potential for a release of hazardous substances from a site.

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Preliminary Assessment An assessment of information about a site and its surrounding area. A PA is designed to determine whether a sites poses little or no threat to human health and the environment or if it does pose a threat, whether the threat requires further investigation. PA investigations collect readily available information about a site and its surrounding area. The PA is designed to distinguish, based on limited data, between sites that pose little or no threat to human health and the environment and sites that may pose a threat and require further investigation. The PA also identifies sites requiring assessment for possible response actions. If the PA results in a recommendation for further investigation, an SI is performed. The EPA publication Guidance for Performing Preliminary Assessments Under CERCLA, provides more information on conducting PAs.

Site Inspection Site inspection identifies sites that enter the NPL site listing process and provides the data needed for HRS and documentation. SI investigators typically collect environmental and waste samples to determine what hazardous substances are present at a site. They determine if these substances are being released to the environment and assess if they have reached nearby targets. The SI can be conducted in one stage or two. The first stage, or focused SI, tests hypotheses developed during the PA and can yield information sufficient to prepare an HRS scoring package. If further information is necessary to document an HRS score, an expanded SI is conducted. The EPA publication Guidance for Performing Site Inspections Under CERCLA, provides more information on conducting SIs.

Information collected during the PA and SI is used to calculate an HRS score. Sites with an HRS score of 28.50 or greater are eligible for listing on the NPL and require the preparation of an HRS scoring package.

National Priority List (NPL) Process The following is taken from U.S. Environmental Protection Agency, National Priorities List.

Sites are listed on the NPL upon completion of HRS screening, public solicitation of comments about the proposed site, and after all comments have been addressed.

The NPL primarily serves as an information and management tool. It is a part of the Superfund cleanup process. The NPL is updated periodically. The Federal register notices for the NPL updates page provides a list of Federal register notices for proposed and final NPL updates. The list is ordered by year and provides the rule type, rule date, Federal register citation, and a short content description for each Federal register.

Section 105(a)(8)(B) of CERCLA as amended, requires that the statutory criteria provided by the HRS be used to prepare a list of national priorities among the known releases or threatened releases of hazardous substances, pollutants, or contaminants throughout the United States. This list, which is appendix B of the NCP, is the NPL.

The identification of a site for the NPL is intended primarily to guide EPA in determining which sites warrant further investigation to assess the nature and extent

of the human health and environmental risks associated with a site identifying what CERCLA-financed remedial actions may be appropriate

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notifying the public of sites EPA believes warrant further investigation serving notice to PRPs that EPA may initiate CERCLA-financed remedial action

Inclusion of a site on the NPL does not in itself reflect a judgment of the activities of its owner or operator, it does not require those persons to undertake any action, nor does it assign liability to any person. The NPL serves primarily informational purposes, identifying for the States and the public those sites or other releases that appear to warrant remedial actions.

Remedial Investigation/Feasibility Study (RI/FS) The following is taken from U.S. Environmental Protection Agency, Guidance for Conducting Remedial Investigations and Feasibility Studies under CERCLA.

The RI/FS process as outlined in this guidance represents the methodology that the Superfund program has established for characterizing the nature and extent of risks posed by uncontrolled hazardous waste sites and for evaluating potential remedial options. This approach should be viewed as a dynamic, flexible process that can and should be tailored to specific circumstances of individual sites; it is not a rigid step-by-step approach that must be conducted identically at every site. The project manager’s central responsibility is to determine how best to use the flexibility built into the process to conduct an efficient and effective Rl/FS that achieves high quality results in a timely and cost-effective manner. A significant challenge project managers face in effectively managing an Rl/FS is the inherent uncertainties associated with the remediation of uncontrolled hazardous waste sites. These uncertainties can be numerous, ranging from potential unknowns regarding site hydrogeology and the actual extent of contamination, to the performance of treatment and engineering controls being considered as part of the remedial strategy. While these uncertainties foster a natural desire to want to know more, this desire competes with the Superfund program’s mandate to perform cleanups within designated schedules.

The objective of the Rl/FS process is not the unobtainable goal of removing all uncertainty, but rather to gather information sufficient to support an informed risk management decision regarding which remedy appears to be most appropriate for a given site. The appropriate level of analysis to meet this objective can only be reached through constant strategic thinking and careful planning concerning the essential data needed to reach a remedy selection decision. As hypotheses are tested and either rejected or confirmed, adjustments or choices as to the appropriate course for further investigations and analyses are required. These choices, like the remedy selection itself, involve the balancing of a wide variety of factors and the exercise of best professional judgment.

Record of Decision The following is taken from U.S. Environmental Protection Agency, Superfund, Record of Decision.

The ROD is a public document that explains which cleanup alternatives will be used to clean up a Superfund site. The ROD for sites listed on the NPL is created from information generated during the RI/FS.

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A ROD contains site history, site description, site characteristics, community participation, enforcement activities, past and present activities, contaminated media, the contaminants present, scope and role of response action, and the remedy selected for cleanup.

Remedial Design/Remedial Action (RD/RA) The following is taken from U.S. Environmental Protection Agency, Remedial Design/Remedial Action Handbook.

Remedial design is a series of engineering reports, documents, specifications, and drawings that detail the steps to be taken during RA to meet the goals established in the ROD and remove the site from the NPL.

The remedial project manager (RPM) ultimately is responsible for overseeing the successful implementation of the RD. The RPM’s role in the RD process, however, differs depending on whether the RD is an EPA-or United States Army Corps of Engineers (USACE)-managed RD. For EPA-managed RDs, the RPM oversees the work of EPA contractors developing the RD and has more direct control over the RD effort. For USACE-managed RDs, the RPM facilitates USACE development of the RD and acts in an advisory capacity while remaining responsible for overseeing the project and ensuring that the RD meets EPA goals and objectives. The term contracting party is used to refer to either EPA or USACE, since both EPA and USACE may be contracting with a remedial designer. In some instances, USACE will perform the RD in-house and will not use contractor services.

Construction Completion The following is taken from U.S. Environmental Protection Agency, Superfund, Construction Completion.

EPA has developed the construction completions list to simplify its system of categorizing sites and to better communicate the successful completion of cleanup activities. Sites qualify when any necessary physical construction is complete, whether or not final cleanup levels

or other requirements have been achieved; or EPA has determined that the response action should be limited to measures that do

not involve construction; or the site qualifies for deletion from the NPL.

Inclusion of a site on the construction completion list has no legal significance. The closeout procedures for NPL sites provide guidance on achieving the construction completion milestone.

Post Construction Completion The following information is taken from U.S. Environmental Protection Agency, EPA-540-F-01-010.

The following provides a summary of the Superfund post construction completion activities. The goal of these activities is to ensure that Superfund response actions provide for the long-term protection of human health and the environment.

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Operation and maintenance is an important component of a Superfund response to ensure that the remedy performs as intended. Actions range from maintaining engineering containment structures to operating groundwater remediation systems. Generally, O&M is the responsibility of the PRPs, states, or other Federal agencies. EPA is responsible for ensuring that the work is adequately performed. EPA also retains funding and operating responsibility for fund-financed groundwater restoration systems for up to ten years prior to transferring these systems to the states for O&M. Groundwater remedies generally require active management, and site managers should remain involved in overseeing the performance of these projects during long-term response actions and O&M. Performance and monitoring data should be maintained to support analysis and decision-making.

Institutional controls are used to supplement engineering controls when residual contamination restricts the unimpeded use of a site or a groundwater aquifer. Institutional controls are intended to maintain the integrity of remedies and minimize the potential exposure to contamination. Examples include easements, zoning restrictions, and deed notices. Institutional controls are implemented during or immediately following remedy implementation consistent with the requirements of the decision document, and should be maintained as long as needed to prevent exposure or protect the remedy. Site managers should work closely with states, PRPs, other Federal agencies, and local governments, as appropriate, to ensure institutional controls are implemented, maintained, and enforced.

Five-year reviews generally are required by CERCLA or program policy when hazardous substances remain on sites above levels which allow for unrestricted use and unlimited exposure. Five-year reviews provide an opportunity to evaluate the implementation and performance of a remedy to determine whether it remains protective of human health and the environment. Generally, reviews are performed five years following the initiation of a CERCLA response action, and are repeated every succeeding five years so long as future uses remain restricted. Five-year reviews can be performed by EPA or the lead agency for a site, but EPA retains responsibility for determining the protectiveness of the remedy.

Optimization reviews can be performed to improve the performance and/or reduce the annual operating cost of groundwater remediation systems. Optimization reviews should be performed by an independent team of experts working with the site manager and operator. Recommendations can address the extraction well network, the treatment system, or the monitoring strategy. Optimization studies can be initiated by EPA at fund-financed sites, or by states, PRPs, or other Federal agencies for sites under their lead. Recommendations should be reviewed and approved by EPA, in coordination with the state. Optimization reviews should be considered prior to transferring groundwater remediation systems to the states for O&M.

Deletion of sites from the NPL may occur once all response actions are complete and all cleanup goals have been achieved. EPA has the responsibility for processing deletions with concurrence from the state. Deleted sites may still require five-year reviews to assess protectiveness. Also, if future site conditions warrant, additional response actions can be taken, using the trust bund or by PRPs. Relisting on the NPL is not necessary; however, sites can be restored to the NPL if extensive response work is required. EPA also has the ability to delete portions of NPL sites. The agency may use partial deletions to designate uncontaminated areas of a site, or when portions of a site are cleaned up and potentially

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available for productive use. Requirements for partial deletion are essentially the same as those noted above for a full deletion.

NPL Deletion The following is taken from 40 CFR 300.425.

Releases may be deleted from or recategorized on the NPL where no further response is appropriate.

EPA shall consult with the state on proposed deletions from the NPL prior to developing the notice of intent to delete. In making a determination to delete a release from the NPL, EPA shall consider, in consultation with the state, whether any of the following criteria have been met: Responsible parties or other persons have implemented all appropriate response

actions required. All appropriate fund-financed response under CERCLA has been implemented, and

no further response action by responsible parties is appropriate. The RI has shown that the release poses no significant threat to public health or the

environment and, therefore, taking of remedial measures is not appropriate.

Releases shall not be deleted from the NPL until the state in which the release was located has concurred on the proposed deletion. EPA shall provide the state 30 working days for review of the deletion notice prior to its publication in the Federal register.

All releases deleted from the NPL are eligible for further fund-financed RAs should future conditions warrant such action. Whenever there is a significant release from a site deleted from the NPL, the site shall be restored to the NPL without application of the HRS.

To ensure public involvement during the proposal to delete a release from the NPL, EPA shall publish a notice of intent to delete in the Federal register and solicit comment through

a public comment period of a minimum of 30 calendar days; in a major local newspaper of general circulation at or near the release that is

proposed for deletion, publish a notice of availability of the notice of intent to delete; place copies of information supporting the proposed deletion in the information

repository, described in 40 CFR 300.430, “Remedial Investigation/Feasibility Study and Selection of Remedy,” at or near the release proposed for deletion. These items shall be available for public inspection and copying; and

respond to each significant comment and any significant new data submitted during the comment period and include this response document in the final deletion package.

EPA shall place the final deletion package in the local information repository once the notice of final deletion has been published in the Federal register.

d. Discuss the interface/coordination on natural resource damages required by CERCLA.

The following is taken from U.S. Environmental Protection Agency, Natural Resource Damages (NRD): A Primer.

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The CERCLA provides a comprehensive group of authorities focused on one main goal: to address any release, or threatened release, of hazardous substances, pollutants, or contaminants that could endanger human health and/or the environment. CERCLA’s response provisions focus on the protection of human health and the environment. The statute also provides authority for assessment and restoration of natural resources that have been injured by a hazardous substance release or response.

The OPA was enacted in reaction to the Exxon Valdez oil spill and provides authority for oil pollution liability and compensation as well as for the Federal government to direct and manage oil spill cleanups. Similar to CERCLA, OPA contains authorities to allow the assessment and restoration of natural resources that have been contaminated by the discharge, or threatened discharge, of oil.

CERCLA and OPA define natural resources broadly to include land, fish, wildlife, biota, air, water, groundwater, drinking water supplies, and other such resources. Both statutes limit natural resources to those resources held in trust for the public, termed trust resources. While there are slight variations in their definitions, CERCLA and OPA state that a natural resource is a resource belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the United States, any state, an Indian tribe, a local government, or a foreign government.

NRD are for injury to, destruction of, or loss of natural resources, including the reasonable costs of a damage assessment. The measure of damages is the cost of restoring injured resources to their baseline condition, compensation for the interim loss of injured resources pending recovery, and the reasonable cost of a damage.

EPA’s Role: Notification and Coordination EPA is not a natural resource trustee, nor is it authorized to act on behalf of natural resource trustees. Rather, under CERCLA and OPA, EPA shares with the USCG the general responsibility for investigating and responding to contamination by hazardous substances or oil. The USCG is primarily responsible for contamination involving the coastal zone including all U.S. waters subject to the tide, the Great Lakes, and deepwater ports. EPA is primarily responsible for contamination on land and inland waters.

CERCLA provides EPA with comprehensive authority to respond to hazardous substance releases by initiating either response activities financed by the hazardous substance Superfund (Superfund) or enforcement actions to force responsible parties to pay for cleanups. However, for NRD, EPA’s role is more limited: primarily involving the notification of and coordination with trustees. As part of its response responsibilities, EPA is required to promptly notify trustees of potential injuries to natural resources from releases under

investigation coordinate assessments, investigations, and planning with trustees

When an enforcement action is initiated, CERCLA requires EPA to notify Federal natural resource trustees of settlement negotiations with PRPs if the

release of hazardous substances may have resulted in injuries to natural resources under their trusteeship

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encourage the participation of Federal natural resource trustees in settlement negotiations

Early involvement of trustees in CERCLA response and enforcement actions increases the likelihood that selected response actions and settlement agreements will include measures to protect and/or restore natural resources.

Under OPA, EPA is the lead agency in responding to oil spills in inland waters. EPA is required to initiate a removal action when there is a discharge, or substantial threat of discharge, of oil into inland waters that may affect natural resources belonging to, appertaining to, or under exclusive management authority of the United States. OPA requires EPA to consult with affected trustees on removal actions taken in conjunction with any discharge of oil.

e. Discuss the requirements for public involvement required by CERCLA.

The following is taken from CERCLA: Comprehensive Environmental Response, Compensations, and Liability by Peter L. Gray and Carole Stern Switzer.

The NCP provision that frequently causes problems for PRPs seeking to recover costs from private parties or the Superfund is 40 CFR 300.700, “Activities by Other Persons,” addressing public participation. Too often, parties and lawyers inexperienced in CERCLA proceed with remedial selections and actions without first providing the opportunity for public involvement at several junctures when the government is undertaking a remediation. 40 CFR 300.700 also states provisions that are potentially applicable to private parties undertaking response actions.

40 CFR 300.155, “Public Information and Community Relations,” provides for coordination of public affairs resources to ensure that the public is kept informed when an incident occurs and efforts are under way to mitigate damage from the incident. This is most likely to apply to a recent spill or release, rather than remediation of historic contamination. Nonetheless, an ongoing community relations effort is appropriate when the remediation is substantial and will be a long-term effort.

40 CFR 300.415, “Removal Action,” requires that such a community relations effort be undertaken for removal actions to ensure that immediately affected citizens, state and local officials, and appropriate emergency management agencies are informed of the activities. Specific requirements regarding newspaper notifications, public comment periods, establishment of community relations, plans, and other activities are provided.

40 CFR 300.430 calls for interviews with local officials and affected parties to determine their concerns and desires for involvement during remedial activities. 40 CFR 300.430 also requires the establishment of a formal community relations plan and allowance for public involvement in many site-related decisions. Provision is made for the lead agency to undertake the community relations plan at PRP lead sites, with the PRPs participating under the oversight, and at the discretion of, the lead agency.

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40 CFR 300.430 also requires publication of the availability of the proposed remedial plan and supporting technical information, and a reasonable opportunity for submission of comments. Public meetings must also be held during the comment period. Significant changes to the proposed plan must be addressed and explained in the ROD for the site and, if the public could not have reasonably anticipated such changes additional public comment must be sought on the revised plan. The final ROD must also be made available to the public.

40 CFR 300.435, “Remedial Design/Remedial Action, Operation and Maintenance,” established community relations requirements during the RD/RA phase and during O&M of the RA. These requirements include publication and opportunity for public comment on any amendments to the ROD.

19. Environmental compliance personnel must demonstrate a familiarity level knowledge of the supporting environmental laws and regulations including: Pollution Prevention Act of 1990 (PPA) Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Toxic Substances Control Act (TSCA) Endangered Species Act (ESA) Emergency Planning and Community Right-to-Know Act (EPCRA) Federal Facility Compliance Act (FFCA)

a. Identify the areas in which the Pollution Prevention Act applies.

The following is taken from U.S. Environmental Protection Agency, The Emergency Planning and Community Right-to-Know Act, Section 313, Release and Other Waste Management Reporting Requirements.

A plant, factory, or other facility is subject to the provisions of section 313 if it meets all three of the following criteria: It is included in a covered standard industrial classification code. It has 10 or more full-time employees (or the equivalent of 20,000 hours per year). It manufactures, imports, processes, or otherwise uses any of the EPCRA section 313

chemicals.

b. Describe the general impacts to the Department and its contractors from the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).

The following is taken from U.S. Environmental Protection Agency, Civil Enforcement, Federal Insecticide, Fungicide, and Rodenticide Act Enforcement.

The Federal government first regulated pesticides when Congress passed the Insecticide Act of 1910. This law was intended to protect farmers from adulterated or misbranded products. Congress broadened the Federal government’s control of pesticides by passing the original FIFRA of 1947. FIFRA required the Department of Agriculture to register all pesticides prior to their introduction in interstate commerce.

A 1964 amendment authorized the Secretary of Agriculture to refuse registration to pesticides that were unsafe or ineffective and to remove them from the market. In 1970, Congress transferred the administration of FIFRA to the newly created EPA. This was the

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initiation of a shift in the focus of Federal policy from the control of pesticides for reasonably safe use in agricultural production to control of pesticides for reduction of unreasonable risks to man and the environment. This new policy focus was expanded by the passage of the Federal Environmental Pesticide Control Act of 1972, which amended FIFRA by specifying methods and standards of control in greater detail. Subsequent amendments have clarified the duties and responsibilities of the EPA. In general, there has been a shift toward greater emphasis on minimizing risks associated with toxicity and environmental degradation, and away from pesticide efficacy issues.

Under FIFRA, no one may sell, distribute, or use a pesticide unless it is registered by the EPA, or it meets a specific exemption as described in the regulations. Registration includes approval by the EPA of the pesticide’s label, which must give detailed instructions for its safe use. The EPA must classify each pesticide as either general use, restricted use, or both. General use pesticides may be applied by anyone, but restricted use pesticides may only be applied by certified applicators or persons working under the direct supervision of a certified applicator. Because there are only limited data for new chemicals, most pesticides are initially classified as restricted use. Applicators are certified by a state if the state operates a certification program approved by the EPA.

c. Discuss the marking of polychlorinated biphenyls (PCBs) and PCB items, and PCB waste management requirements of the Toxic Substances Control Act.

The following is taken from DOE, Office of Health, Safety, and Security, TSCA Information Brief, The PCB Mark.

Due to findings that PCBs may cause adverse health effects and due to their persistence and accumulation in the environment, the TSCA, enacted on October 11, 1976, banned the manufacture of PCBs after 1978. The first PCB regulations, promulgated at 40 CFR 761, “Polychlorinated Biphenyls (PCBs) Manufacturing, Processing, Distribution in Commerce, and Use Prohibitions,” were finalized on February 17, 1978, and were most recently amended on June 29, 1998.

These PCB regulations include requirements specifying disposal methods and marking. Most PCB items require “PCB marks,” a descriptive name, instructions, cautions, or other information applied to PCB items or other objects subject to these regulations. The marking regulations include requirements for PCB marks on PCB items, storage areas, and temporary storage areas.

The PCB mark is a label with black striping around the border that contains certain information specified in the regulations that apply to PCB items (i.e., any manufactured item containing or contaminated with PCBs). There are two marking formats, “mark ML” and “mark MS”; the only difference between the two is the size of the mark. PCB mark ML is a 6” x 6” square; PCB mark MS is a 1” x 2” rectangle. The text of the mark includes the warning “Caution Contains PCBs,” instructions in case of accident or spill, and the telephone number of the National Response Center. The PCB mark must have either a yellow or white background. An example is shown in figure 15.

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Source: DOE, TSCA Brief, The PCB Mark

Figure 15. PCB mark

d. Discuss the Endangered Species Act consultation requirements.

The following is taken from Municipal Research and Services Center of Washington, Endangered Species Act Section 7 Consultation and Biological Assessments.

Section 7 of the ESA, requires all Federal agencies to consult with the National Marine Fisheries Service for marine and anadromous species, or the United States Fish and Wildlife Services for fresh-water and wildlife, if they are proposing an action that may affect listed species or their designated habitat. Action is defined broadly to include funding, permitting and other regulatory actions. For local governments, any project that requires a Federal permit or receives Federal funding is subject to ESA section 7.

Each Federal agency is to ensure that any action they authorize, fund, or carry out is not likely to jeopardize the continued existence of a listed species or result in the destruction or adverse modification of designated critical habitat. This is done through consultation. If such species may be present, the local government must conduct a biological assessment for the purpose of analyzing the potential effects of the project on listed species and critical habitat to establish and justify an effect determination. The Federal agency reviews the biological assessment and, if it concludes that the project may adversely affect a listed species or their habitat, it prepares a biological opinion. The biological opinion may recommend reasonable and prudent alternatives to the proposed action to avoid jeopardizing or adversely modifying habitat. These reasonable and prudent alternatives carry great weight with other Federal agencies and are often treated as binding requirements.

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e. Discuss the reporting requirements of the Emergency Planning and Community Right-to-Know Act.

The following is taken from U.S. Environmental Protection Agency, Emergency Management, Emergency Planning and Community Right-to-Know Act Local Emergency Planning Requirements.

The emergency planning notification requirement involves chemicals listed on the extremely hazardous substances list in 40 CFR 355, “Emergency Planning and Notification.”

Any facility that has any of the listed chemicals at or above its threshold planning quantity must notify the state emergency response commission and local emergency planning committee (LEPC) within 60 days after they first receive a shipment or produce the substance on site. The facility also must notify the LEPC of a facility representative who will participate in the emergency planning process. Upon request from the LEPC, the facility shall promptly provide information to the LEPC necessary for developing and implementing the emergency plan.

f. Describe how the Federal Facilities Compliance Act impacts Department compliance actions.

The following is taken from DOE, Office of Health, Safety, and Security, Environmental Policy, Federal Facility Compliance Act.

Before the passage of the FFCA, the Federal government maintained and was supported by Supreme Court rulings that it was not subject to administrative and civil fines and penalties under solid and hazardous waste law because of the doctrine of “sovereign immunity.” As a result, Congress enacted the FFCA (October 6, 1992), which effectively overturned the Supreme Court’s ruling. In the legislation Congress specifically waived sovereign immunity with respect to RCRA for Federal facilities.

Under section 102, The FFCA amends section 6001 of RCRA to specify that Federal facilities are subject to all civil and administrative penalties and fines, regardless of whether such penalties or fines are punitive or coercive in nature.

The FFCA was effective upon enactment on October 6, 1992, with the exception that “departments, agencies, and instrumentalities of the executive branch of the Federal Government” would not be subject to the sovereign immunity waiver until three years after enactment for violations of RCRA section 3004(j) “involving storage of mixed waste that is not subject to an existing agreement, permit, or administrative or judicial order, so long as such waste is managed in compliance with all other applicable requirements.” Section 3004(j) forbids the storage of hazardous waste prohibited from land disposal unless the storage is for the purpose of accumulating such quantities as necessary to facilitate proper recovery, treatment, or disposal. After October 6, 1995, the waiver of sovereign immunity shall still not apply to DOE so long as DOE “is in compliance with both (i) a plan that has been submitted and approved pursuant to section 3021(b) of the SWDA and which is in effect and (ii) an order requiring compliance with such plan which has been issued pursuant to such section 3021(b) and which is in effect.” The plan required under section 3021(b) is

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for the development of treatment capacities and technologies to treat all of the mixed wastes at each DOE facility.

Many DOE facilities are now subject to Federal facility compliance agreements and other binding administrative cleanup orders. The FFCA will allow regulators to impose fines or penalties on Federal entities that fail to meet milestones or deadlines contained in such agreements or orders. Penalties specified in the agreements will now be enforceable and may result in substantial financial penalties to noncompliant facilities.

Not later than 180 days after the date of enactment, the Secretary of Energy had to submit 1) reports containing a national inventory of mixed wastes on a state-by-state basis and 2) a national inventory of mixed waste treatment capacities and technologies to the EPA Administrator and the governors of states in which DOE stored or generated mixed wastes.

Additionally, the Secretary of Energy was directed to prepare and submit STPs for developing treatment capacities and technologies for all facilities generating or storing mixed waste that are not subject to any permit, agreement, or order. Such plans were to include schedules for developing treatment capacity where treatment technologies exist and schedules for identifying and developing treatment technologies where none is currently available. These plans were to be reviewed and approved either by EPA or the states, depending on whether the state is authorized to regulate mixed waste. Upon approval of the submitted plans, EPA or the states were to issue orders requiring compliance with the plans.

Section 108 of the FFCA added a new section 3023, “Federally Owned Treatment Works,” to subtitle C of RCRA. This new section provides that if certain conditions are met, federally-owned treatment works are essentially exempted from RCRA regulation based on the domestic sewage exclusion to the definition of solid waste.

20. Environmental compliance personnel must demonstrate a familiarity level knowledge of the requirements for quality assurance, and managing and reporting of environmental compliance data.

a. Describe the quality assurance and records management requirements of the following: DOE O 414.1D, Quality Assurance DOE G 1324.5B, Implementation Guide for 36 CFR Chapter XII DOE O 458.1, Radiation Protection of the Public and the Environment Uniform Federal Policy for Quality Assurance Project Plans Uniform Federal Policy for Implementing Environmental Quality systems

(DOE/EH-0887)

DOE O 414.1D, Quality Assurance Quality Assurance Requirements Each departmental element and associated field element(s) must identify and assign a senior manager to have responsibility, authority, and accountability to ensure the development, implementation, assessment, maintenance, and improvement of the QAP. Using a graded approach, the organization must develop a QAP and implement the approved QAP.

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Each departmental element and associated field element(s) must submit a QAP to the designated DOE approval authority; review the QAP annually, or on a periodic basis defined in the QAP, and update the

QAP, as needed. Submit a summary of the review of the QAP and, if necessary, also submit the modified QAP to the DOE approval authority. Editorial changes to the QAP, that do not reduce or change commitments, do not require approval; and

regard the QAP as approved 90 calendar days after receipt by the approval authority, unless approved or rejected at an earlier date.

Qualification for the functional areas are achieved as defined in DOE O 426.1, Federal Technical Capability.

Records Management

Prepare, review, approve, issue, use, and revise documents to prescribe processes, specify requirements, or establish design.

Specify, prepare, review, approve, and maintain records.

DOE G 1324.5B, Implementation Guide for 36 CFR Chapter XII The Department’s records management program has two major objectives: Economy and Efficiency. Through the application of records management system and

techniques, promote economy and efficiency in the organization, maintenance, use, and disposition of records. o Ensure uniformity and simplicity in assigning the office of record, and in

maintaining and using records. o Provide adequate controls over the creation of files and prevent accumulation of

unnecessary files. o Facilitate the coding, filing, retrieval, charging out, and refiling of records. o Assure the preservation of those records having sufficient continuing value to

warrant their permanent retention. o Provide for the systematic cutoff and periodic destruction or retirement of files in

accordance with approved records disposition schedules.

Preservation of Historical Records. Ensure that records are carefully preserved when they have value for future study by scholars and historians. o Preventing the Loss of Historical Records on Paper. Properly managed files will

prevent the loss of historical records and make filing easier, simpler, more logical, and more efficient.

o Preventing the Loss of Historical Records on Non-Paper Mediums. The agency responsible for preserving the historical documents of the nation, the National Archives and Records Administration, has a new major concern today: historical records in mediums other than paper will be lost forever. Although there are many benefits in maintaining records in other than paper storage mediums, the recordkeeper’s responsibilities may be complicated by such mediums and their associated equipment. For example, if such records are not under the recordkeeper’s control and those who use and maintain the records are not knowledgeable about recordkeeping responsibilities, the recordkeeper should

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educate the maintainers of the systems and records that such records need to be controlled and managed.

DOE O 458.1, Radiation Protection of the Public and the Environment Records must be maintained to document compliance with the requirements of this Order.

The contractor must establish and implement recordkeeping, retention, and reporting procedures and practices to ensure that the following elements are addressed: Records must be maintained to document compliance with the specific requirements

in the contractor requirements document (CRD). Records must include the items listed in DOE O 458.1 chg 2, attachment 1, 1. (2)(a)

thru (1). Records required by the specific requirements in the CRD must be maintained by, or

transferred to, DOE upon cessation of a DOE radiological activity at a site. Records must be retained until final disposition as authorized by DOE according to

the CRD to DOE O 243.1, Records Management Program. Records reporting must be according to DOE O 458.1 chg 2, attachment 1, 1.(5)(a)

and (b). Unless otherwise specified, the quantities used in the reports and records required by

the specific requirements of the CRD must be clearly indicated in special units of curie, rad, roentgen, or rem, including multiples and subdivisions of these units, or other conventional units, such as disintegrations per minute (dpm), dpm/100cm2, or mass units. The site inspection units, and becquerel (Bq), gray (Gy), and Sievert (Sv) may be provided parenthetically for reference with scientific standards.

Uniform Federal Policy for Quality Assurance Project Plans The following is taken from the U.S. Environmental Protection Agency, EPA-505-B-04-900A, Uniform Federal Policy for Quality Assurance Project Plans.

Part 1 of the Uniform Federal Policy for Quality Assurance Project Plans (the UFP-QAPP) is a consensus document prepared by the intergovernmental data quality task force (IDQTF). It provides instructions for preparing quality assurance project plans for any environmental data collection operation. The purpose of the UFP-QAPP is to implement the project-specific requirements of ANSI/ASQ E4, Quality Systems for Environmental Data and Technology Programs—Requirements with Guidance for use. Uniform Federal Policy for Implementing Environmental Quality Systems (DOE/EH-0667) The following is taken from DOE/EH-0667.

The IDQTF was established to address real and perceived inconsistencies and deficiencies in quality control for laboratory data within and across governmental organizations that result in greater costs, time delays, and an increase in the potential for risks. The task force is working to ensure that environmental data are of known and documented quality and suitable for their intended uses.

DOE/EH-0667 was developed by the IDQTF according to the memoranda of understanding signed by the EPA, DoD, and DOE. DOE/EH-0667 is based on part A of ANSI/AQS E-4.

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DOE/EH-0667 provides recommendations and guidelines for documentation and implementation of acceptable quality systems for Federal agencies. The document is guidance unless and until it is formally adopted as policy by an agency. It is the intention of the IDQTF that the policy first be implemented in the hazardous waste program and then be expanded to include other environmental management programs such as air and water.

b. Discuss the quality assurance aspects for environmental monitoring and data management and validation, including: Sample collection quality assurance measures Laboratory quality control requirements The DOE Consolidated Audit Program (DOECAP) Data validation procedures

Sample Collection Quality Assurance Measures The following is taken from DOE G 450.1-2.

DOE elements are required to ensure that the analytical work supporting environmental monitoring is implemented using a consistent system for collecting, assessing, and documenting environmental data of

known and documented quality; a validated and consistent approach for sampling and analysis of radionuclide

samples to ensure laboratory data meet program-specific needs and requirements within the framework of a performance-based approach for analytical laboratory work; and

an integrated sampling approach to avoid duplicative data collection.

The uniform federal policy for implementing environmental quality systems (UFP-QS) offers an implementation tool for meeting this requirement. The UFP-QS is based on the American National Standards Institute/American Society for Quality Control E-4. The quality system (QS) is a structured and documented management system that provides recommendations to Federal agencies for documenting and implementing a QS for the management of environmental data collection and use. It ensures that data used to support environmental decisions are of adequate quality and usability for the intended purpose. The overall goal of this consensus system is simple: sound decisions must be based on sound documented data.

The QS is documented, at the organizational level, in a quality management plan (QMP). The QMP details information by which the organization will manage, plan, implement, assess, and continually improve the activities involved in environmental data collection and use. At the project level the QS is documented in a uniform federal policy for quality assurance project plan.

Laboratory Quality Control Requirements The following is taken from U.S. Environmental Protection Agency, Lab Methods, Quality Assurance and Quality Control Requirements in Methods Not Published by EPA.

The following twelve quality control checks are to be considered essential and must be incorporated into the laboratory's documented QS unless a written rationale is provided that indicates why these controls are inappropriate for a specific analytical method. These essential QC checks are:

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1. Demonstration of capability, 2. Method Detection Limit, 3. Reagent blank, 4. Laboratory fortified blank, 5. Matrix spike, matrix spike duplicate, or laboratory fortified blank duplicate for

suspected difficult matrices, 6. Internal standard/s, surrogate standard, 7. Calibration, 8. Control charts, 9. Corrective action, 10. Specific frequency of QC checks, 11. QC acceptance criteria, and 12. Definitions of a batch.

The DOE Consolidated Audit Program (DOECAP) The following is taken from the DOE Analytical Services Program, Fiscal Year 2007 Report.

The DOECAP conducts annual audits of analytical laboratories and commercial radiological waste treatment, storage, and disposal facilities (TSDFs) that have contracts or agreements to provide services to DOE. DOECAP audits are performed on behalf of, and with the voluntary participation of, sites throughout the DOE complex and across all departmental program line organizations. The intent of this corporate departmental program is to conduct consolidated audits eliminating redundant audits previously conducted independently by DOE field element sites. This program also achieves standardization in audit methodology, processes, procedures and lessons learned that are applicable to DOE onsite operations. Additional information may be obtained by accessing the DOECAP Electronic Data System at https://doecap.oro.doe.gov/.

Data Validation Procedures The following is taken from U.S. Environmental Protection Agency, Region I, EPA-New England Data Validation Functional Guidelines For Evaluating Environmental Analyses.

Data validation, the first step in assessing data quality, is a standardized review process for judging the analytical quality and usefulness of a discrete set of chemical data. Thus, data validation identifies the analytical error associated with a data set. Data validation can also identify some, but not all of the sampling error associated with a data set. The sum of the analytical error and the sampling error is known as the measurement error, as per equation 1.

Equation 1: Measurement Error = Sampling Error + Analytical Error

The measurement error is used in conjunction with sampling variability (spatial variability of pollutant concentrations) to determine total error or total uncertainty associated with a data set, as per equation 2. Sampling error and sampling variability usually contribute a greater percentage of the total error associated with a sampling event than the analytical error.

Equation 2: Total Error (uncertainty) = Measurement Error + Sampling Variability

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Once the total uncertainty has been estimated, the end user can assess the usability of a data set in the context of previously developed project DQOs.

Data validation can be viewed as a decision-making process during which established quality control criteria are applied to the data. During this process, individual sample results are either accepted, rejected, or qualified. Data that meet all the validation criteria are accepted as unqualified and can be used as needed, assuming that no problems occurred during the sampling events.

Data that are rejected for not meeting one or more of the validation criteria cannot be used at all. Some data fall into the grey area between accepted and rejected. These data are qualified as estimated to indicate that one or more of the validation criteria were not met. Estimated data may or may not be usable depending on the intended use of the data. In general, estimated data can be used after examining the reasons for data qualification and its impact on the achievement of the project DQOs. Estimated data, however, should not be used indiscriminately.

Data validation serves many purposes. As previously discussed, the primary purpose of data validation is to assess and summarize the quality and defensibility of the laboratory’s analytical data for the end users: site managers, risk assessors, hydrogeologists, and lawyers. The data validation process focuses on evaluating the analytical laboratory’s performance so that the analytical error associated with a data set can be determined. It provides a technical judgment on the validity of the laboratory results as a first step in determining their overall usability and legal defensibility. To this end, the data validator may be required to consult with the sampler in an effort to identify field problems. For example, incorrect preservation procedures result in sampling error and contribute to the overall measurement error associated with a data set. The data validation process does not include consideration of sampling variability; this is left to the end user in the final assessment of data usability.

Second, for data generated under the Superfund contract laboratory program (CLP), data validation assists the region I technical project officer (TPO) in monitoring regional CLP laboratory performance. If a laboratory fails to produce contractually-compliant data, then payment to the laboratory may be reduced or denied by procedures initiated by the EPA field sampling contractor and recommended to the national program office by the CLP-TPO. The TPO can also recommend that the CLP contracting officer take contract action against a contractually non-compliant laboratory.

Similarly, for data generated by non-CLP laboratories, data validation assists those organizations procuring analytical services in monitoring laboratory performance. If a non-CLP laboratory fails to produce contractually-compliant data, then payment to the laboratory may be reduced or denied.

It is important to emphasize that the purpose of data validation is to identify analytical error and not to make final determinations about the overall usability of the data for a project. The end user of the data must specify the overall DQOs for the project during the up-front scoping process. Then, during data validation, the effect of individual analytical problems on the accuracy and precision of the data is detailed for specific analytes and proper qualifiers are applied to the data. Validation is just the first step in deciding whether or not data for a

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particular sample can be used for a specific purpose. Ultimately, only the end user can assess usability based on the measurement error and sampling variability associated with the data package. The project chemist and/or validator, however, are generally consulted by the end user to interpret decisions made with regard to measurement error during the usability determination.

c. Describe the program administered by the Department's Environmental Measurements Laboratory to assess the quality of environmental data reported to the Department.

The following is taken from Berkeley Lab, Environmental Measures Laboratory.

The environmental measurement laboratory (EML) is an EPA/California Department of Health Services certified analytical lab within the Earth Sciences Division for researchers at DOE laboratories and the University of California. The EML has the capabilities to conduct a variety of analyses covering both organic and inorganic methods, including examination of water, soil, sediment, seawater, and waste water samples. Current projects include the following: Support to the site restoration and Yucca mountain projects for metal analysis, ion

chromatography (tracer studies), volatile organics, and freon analysis Analytical support to central valley agricultural projects for selenium separation

(selenite, selenate, and organo-selenium) and ion chromatography (chloride and sulfate)

Their mission is to provide researchers with an accurate and reliable analytical data generating source at a reasonable cost by providing a local, multiple user facility which allows for a more cost-effective means of proposing new and exciting research.

d. Discuss the environmental compliance reporting requirements of DOE O 231.1A, Environmental Safety and Health Reporting.

Unless otherwise indicated, the reports listed below will be submitted in accordance with the most recent versions of DOE M 231.1-1, Environment, Safety, and Health Reporting Manual and DOE M 231.1-2, Occurrence Reporting and Processing of Operations Information. These manuals, which are mandatory for ensuring compliance with parts of this Order, specify in detail the reports that must be filed, the persons or organizations responsible for filing the reports, the recipients of the reports, the formats in which the reports must be prepared, and the time schedules for filing the reports. The following reports and information are required. Occupational injury and illness reports Fatality and catastrophe reports Work hours reports Occupational radiation exposure data to individuals (and visitors) Annual individual occupational radiation exposure data to the radiation exposure

monitoring system NEPA reporting Annual site environmental reports Excess injury and illness reports

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Information requested by external organizations for epidemiological studies Annual fire protection summaries Occurrence reports Environmental protection program reports

21. Environmental Compliance personnel must demonstrate a familiarity level knowledge of hazardous waste as described in 40 CFR, Resource Conservation and Recovery Act and state authorized RCRA programs.

a. Describe the difference between listed and characteristic hazardous waste.

Listed Waste The following is taken from U.S. Environmental Protection Agency, Waste, Hazardous Waste, Waste Types, Listed Waste.

By definition, EPA determined that some specific wastes are hazardous. These wastes are incorporated into lists published by the EPA. These lists are organized into three categories:

1. The F-list (non-specific source wastes). This list identifies wastes from common manufacturing and industrial processes, such as solvents that have been used in cleaning or degreasing operations. Because the processes producing these wastes can occur in different sectors of industry, the F-listed wastes are known as wastes from non-specific sources. Wastes included on the F-list can be found in the regulations at 40 CFR 261.31, “Hazardous Waste from Non-Specific Sources.”

2. The K-list (source-specific wastes). This list includes certain wastes from specific industries, such as petroleum refining or pesticide manufacturing. Certain sludges and wastewaters from treatment and production processes in these industries are examples of source-specific wastes. Wastes included on the K-list can be found in the regulations at 40 CFR 261.32, “Hazardous Waste from Specific Sources.”

3. The P-list and the U-list (discarded commercial chemical products). These lists include specific commercial chemical products in an unused form. Some pesticides and some pharmaceutical products become hazardous waste when discarded. Wastes included on the P- and U-lists can be found in the regulations at 40 CFR 261.33, “Discarded Commercial Chemical Products, Off-Specification Species, Container Residues, and Spill Residues Thereof.”

Characteristic Waste The following is taken from U.S. Environmental Protection Agency, Waste, Hazardous Waste, Waste Types, Characteristic Waste.

Waste that have not been specifically listed may still be considered a hazardous waste if it exhibits one of the four characteristics defined in 40 CFR 261 Subpart C—ignitability, corrosivity, reactivity, or toxicity.

Ignitability—Ignitable wastes can create fires under certain conditions, are spontaneously combustible, or have a flash point less than 60°C (140°F).

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Corrosivity—Corrosive wastes are acids or bases (pH less than or equal to 2, or greater than or equal to 12.5) that are capable of corroding metal containers, such as storage tanks, drums, and barrels. Battery acid is an example.

Reactivity—Reactive wastes are unstable under normal conditions. They can cause explosions, toxic fumes, gases, or vapors when heated, compressed, or mixed with water.

Toxicity—Toxic wastes are harmful or fatal when ingested or absorbed (e.g., containing mercury, lead, etc.). When toxic wastes are land-disposed, contaminated liquid may leach from the waste and pollute groundwater. Toxicity is defined through a laboratory procedure called the toxicity characteristic leaching procedure (TCLP). The TCLP helps identify wastes likely to leach concentrations of contaminants that may be harmful to human health or the environment.

b. Discuss the relationship between RCRA solid waste and hazardous waste and identify the applicable RCRA regulations for each.

The following is taken from U.S. Environmental Protection Agency, EPA530-K-02-019I.

RCRA section 4001, encourages environmentally sound solid waste management practices that maximize the reuse of recoverable material and foster resource recovery. Unlike regulations addressing hazardous waste management, EPA has not promulgated regulations dictating how solid wastes should be managed. Instead, solid waste is primarily regulated by states and municipalities and managed on the local level. The only exceptions are the 40 CFR 257, “Criteria for Classification of Solid Waste Disposal Facilities and Practices,” and 40 CFR 258, “Criteria for Municipal Solid Waste Landfills.” EPA set forth these regulations to specify how landfills are to be designed and operated. Primarily, EPA’s role in implementing solid waste management programs includes setting national goals, providing leadership and technical assistance, and developing educational materials.

The following is taken from 40 CFR 261.

The Administrator shall list a solid waste as a hazardous waste only upon determining that the solid waste meets one of the following criteria: It exhibits any of the following characteristics of hazardous waste: corrosivity,

ignitability, reactivity, toxicity. It has been found to be fatal to humans in low doses or, in the absence of data on

human toxicity, it has been shown in studies to have an oral LD 50 toxicity (rat) of less than 50 mg per kg, and inhalation LC 50 toxicity (rat) of less than 2 mg per liter, or a dermal LD 50 toxicity (rabbit) of less than 200 mg per kg or is otherwise capable of causing or significantly contributing to an increase in serious irreversible, or incapacitating reversible, illness. (Waste listed in accordance with these criteria will be designated acute hazardous waste.)

It contains any of the toxic constituents listed in 40 CFR 261, appendix VIII and the Administrator concludes that the waste is capable of posing a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of, or otherwise managed.

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The following is taken from U.S. Environmental Protection Agency, Wastes-Hazardous Waste Regulations.

The RCRA is a U.S. law that provides, in broad terms, the general guidelines for the waste management program envisioned by Congress. It includes a congressional mandate directing EPA to develop a comprehensive set of regulations to implement the law. The hazardous waste program, under RCRA subtitle C, establishes a system for controlling hazardous waste from the time it is generated units its ultimate disposal—in effect, from “cradle to grave.”

In any given state, EPA or the state hazardous waste regulatory agency enforces hazardous waste laws. EPA encourages states to assume primary responsibility for implementing a hazardous waste program through state adoption, authorization, and implementation of the regulations.

EPA regulations, or rulemakings, translate the general mandate of RCRA into a set of requirements for the EPA and the regulated community. The RCRA hazardous waste program regulates commercial businesses as well as Federal, state, and local government facilities that generate, transport, treat, store, or dispose of hazardous waste.

Hazardous waste is a waste with properties that make it dangerous or potentially harmful to human health or the environment. In regulatory terms, a RCRA hazardous wastes fall into two categories:

Listed Wastes, which appear on one of the four hazardous wastes lists established by EPA regulations: The F-list (non-specific source wastes), which can be found in the regulations at 40

CFR 261.31. The K-list (source-specific wastes), which can be found in the regulations at 40 CFR

261.32. The P-list and the U-list (discarded commercial chemical products), which can be

found in the regulations at 40 CFR 261.33.

40 CFR 260, “Hazardous Waste Management System: General,” contains all of the RCRA regulations governing hazardous waste identification, classification, generation, management and disposal. Part 261—Identification and Listing Of Hazardous Waste Part 262—Standards Applicable to Generators of Hazardous Waste Part 263—Standards Applicable to Transporters of Hazardous Waste Part 264—Standards for Owners and Operators of Hazardous Waste Treatment,

Storage, and Disposal Facilities Part 265—Interim Status Standards for Owners and Operators of Hazardous Waste

Treatment, Storage, and Disposal Facilities Part 266—Standards for the Management of Specific Hazardous Wastes and Specific

Types of Hazardous Waste Management Facilities Part 267—Standards for Owners And Operators of Hazardous Waste Facilities

Operating Under A Standardized Permit Part 268—Land Disposal Restrictions

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Part 270—EPA Administered Permit Programs: The Hazardous Waste Permit Program

Part 271—Requirements For Authorization of State Hazardous Waste Programs Part 272—Approved State Hazardous Waste Management Programs Part 273—Standards for Universal Waste Management Part 279—Standards for the Management of Used Oil Part 280—Technical Standards and Corrective Action Requirements for Owners and

Operators of Underground Storage Tanks (UST) Part 281—Approval Of State Underground Storage Tank Programs Part 282—Approved Underground Storage Tank Programs

c. Discuss generator, transporter, and treatment, storage, and disposal requirements.

The following general requirements are taken from 40 CFR 264.13.

Before an owner or operator treats, stores, or disposes of any hazardous wastes, or nonhazardous wastes he must obtain a detailed chemical and physical analysis of a representative sample of the wastes. At a minimum, the analysis must contain all the information which must be known to treat, store, or dispose of the waste in accordance with 40 CFR 264, “Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities,” and 40 CFR 268, “Land Disposal Restrictions.”

The analysis may include data developed under 40 CFR 261 and existing published or documented data on the hazardous waste or on hazardous waste generated from similar processes.

The analysis must be repeated as necessary to ensure that it is accurate and up to date. At a minimum, the analysis must be repeated when the owner or operator is notified, or has reason to believe, that the process or

operation generating the hazardous wastes, or non-hazardous wastes if applicable has changed; and

for offsite facilities, when the results of the inspection required indicate that the hazardous waste received at the facility does not match the waste designated on the accompanying manifest or shipping paper.

The owner or operator of an offsite facility must inspect and, if necessary, analyze each hazardous waste movement received at the facility to determine whether it matches the identity of the waste specified on the accompanying manifest or shipping paper.

The owner or operator must develop and follow a written waste analysis plan that describes the procedures which he will carry out to comply with the requirements. He must keep this plan at the facility. At a minimum, the plan must specify the following: The parameters for which each hazardous waste, or non-hazardous waste if applicable

will be analyzed and the rationale for the selection of these parameters. The test methods that will be used to test for these parameters. The sampling method that will be used to obtain a representative sample of the waste

to be analyzed. A representative sample may be obtained using either

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o one of the sampling methods described in 49 CFR 264, appendix I; or o an equivalent sampling method.

The frequency with which the initial analysis of the waste will be reviewed or repeated to ensure that the analysis is accurate and up-to-date; and for offsite facilities, the waste analyses that hazardous waste generators have agreed to supply.

Where applicable, the methods that will be used to meet the additional waste analysis requirements for specific waste management methods.

For surface impoundments exempted from LDRs the procedures and schedules for o the sampling of impoundment contents; o the analysis of test data; and, o the annual removal of residues that are not delisted that exhibit a characteristic of

hazardous waste and either do not meet applicable treatment standards of 40 CFR 268, subpart D, “Treatment Standards,” or where no treatment standards have been established such residues are prohibited from land; or are prohibited from land disposal.

For owners and operators seeking an exemption to the air emission standards if o direct measurement is used for the waste determination, the procedures and

schedules for waste sampling and analysis, and the results of the analysis of test data to verify the exemption;

o knowledge of the waste is used for the waste determination, any information prepared by the facility owner or operator or by the generator of the hazardous waste, if the waste is received from offsite, that is used as the basis for knowledge of the waste.

For offsite facilities, the waste analysis plan must also specify the procedures that will be used to inspect and, if necessary, analyze each movement of hazardous waste received at the facility to ensure that it matches the identity of the waste designated on the accompanying manifest or shipping paper. At a minimum, the plan must describe the procedures that will be used to determine the identity of each movement of waste

managed at the facility; the sampling method that will be used to obtain a representative sample of the waste

to be identified, if the identification method includes sampling; and the procedures that the owner or operator of an offsite landfill receiving containerized

hazardous waste will use to determine whether a hazardous waste generator or treater has added a biodegradable sorbent to the waste in the container.

The following is taken from 40 CFR 264.17.

The owner or operator must take precautions to prevent accidental ignition or reaction of ignitable or reactive waste. This waste must be separated and protected from sources of ignition or reaction, including but not limited to: open flames, smoking, cutting and welding, hot surfaces, frictional heat, sparks, spontaneous ignition, and radiant heat. While ignitable or reactive waste is being handled, the owner or operator must confine smoking and open flame to specially designated locations. “No Smoking” signs must be conspicuously placed wherever there is a hazard from ignitable or reactive waste.

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Where specifically required, the owner or operator of a facility that treats, stores or disposes ignitable or reactive waste, or mixes incompatible waste or incompatible wastes and other materials, must take precautions to prevent reactions which generate extreme heat or pressure, fire or explosions, or violent reactions; produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient quantities to

threaten human health or the environment; produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk

of fire or explosions; damage the structural integrity of the device or facility; through other like means threaten human health or the environment.

When required to comply 40 CFR 264, the owner or operator must document that compliance. This documentation may be based on references to published scientific or engineering literature, data from trial tests, waste analyses, or the results of the treatment of similar wastes by similar treatment processes and under similar operating conditions.

d. Discuss the methods of disposing of hazardous wastes.

The following is taken from Pollution Issues, Hazardous Waste.

Recycling and waste minimization may be the best ways to deal with hazardous waste. Waste minimization reduces the volume of waste generated, whereas recycling means that less hazardous waste requires disposal. Techniques for waste minimization may include audits, better inventory management, production process/equipment modifications, and operational/maintenance procedures. Raw material changes, volume reductions, nonhazardous material substitutions, reuse, or recovery also reduce hazardous waste production. For example, biodegradable, nontoxic lactate esters are solvents manufactured from renewable carbohydrate sources that can be substituted for toxic halogenated solvents.

The EPA’s industrial toxics project is a nonregulatory program initiated in 1990 to achieve, voluntarily, overall reductions for seventeen toxic chemicals reported in the government’s toxics release inventory, including cadmium, lead, mercury, trichloroethylene, and toluene. The recycling of waste through waste exchanges is one aspect of industrial ecology and another way to address the issue of hazardous waste disposal. For example, the sludge that accumulates in scrubbers removing sulfur dioxide from power plant smokestacks contains calcium sulfate, which can be recycled in wallboard. Waste exchange also promotes the use of one company’s waste as another company’s raw material. Waste exchanges typically list available and desired materials. Several regional waste exchanges exist, as well as exchanges within small geographic regions. Some exchanges charge for their services, whereas others are supported by grants.

Disposal options for hazardous waste include landfills, injection wells, incineration, and bioremediation, as well as several others. The greatest concern with the disposal of hazardous waste in landfills or injection wells is that toxic substances will leak into surrounding groundwater. Groundwater is a major source of drinking water worldwide and once it is contaminated, pollutants are extremely difficult and costly to remove. In some instances, it is impossible to remove groundwater contamination. The ideal disposal method is the destruction and conversion of hazardous waste to a non-hazardous form. New technology for

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hazardous and mixed low-level radioactive waste conversion includes a high-temperature plasma torch that converts low-level radioactive wastes to environmentally safe glass. Conversion to environmentally safe substances can be very expensive for some types of hazardous wastes and technically impossible for others, creating the need for alternative disposal methods.

The most common form of hazardous waste disposal in the United States is landfilling. Hazardous waste landfills are highly regulated and are required to include clay liners, monitoring wells, and groundwater barriers. The 1984 Hazardous Solid Waste Amendments require the monitoring of groundwater near landfills for thirty years. Injection wells may be used to inject hazardous waste deep into the earth, but problems result with aquifer contamination and the ultimate fate of the hazardous waste after injection is unknown.

Incineration may be an effective way to convert hazardous waste into a nonhazardous form while greatly decreasing its volume. The waste is burned and converted into carbon dioxide, water, and inorganic byproducts. The problems associated with incineration are high capital and operating costs, and the disposal of ash, which may contain hazardous substances. In addition, incinerating wastes can cause mercury and dioxin air pollution. Bioremediation may also be used in situ or ex situ to convert hazardous wastes to nontoxic byproducts using microorganisms and natural degradation processes. Biodegradation requires very long treatment times and it may be difficult to control or enhance natural degradation processes. Phytoremediation, the process by which plants absorb and in some cases degrade hazardous substances in the environment, is being investigated as an emerging cleanup technology. For example poplar trees have been shown to break down the herbicide atrazine, mustard plants will remove lead from soil, and the alpine pennycress plant will take large amounts of heavy metals and also uranium from soil.

When hazardous waste is to be transported offsite for disposal, the waste generator prepares a shipping document called a manifest. This form must accompany the waste to its final destination and is used to track the waste’s movements from cradle to grave.

e. Discuss the relationship between RCRA and the Federal Facilities Compliance Act (FFCA).

The following is taken from DOE, Office of Health, Safety, and Security, Federal Facilities Compliance Act.

Before the passage of the Federal Facility Compliance Act (FFCAct), the Federal government maintained that it was not subject to administrative and civil fines and penalties under solid and hazardous waste law because of the doctrine of sovereign immunity. The State of Ohio challenged the Federal government’s claim of sovereign immunity in Ohio v. the Department of Energy (DOE). In this case, the U.S. Circuit Court of Appeals found in favor of the state (June 11, 1990) stating that the Federal government’s sovereign immunity is waived under both the CWA’s sovereign immunity provision and the RCRA’s citizen suit provision (although not RCRA’s sovereign immunity provision). The circuit court’s decision was overturned by the Supreme Court on April 21, 1992, in DOE v. Ohio. The Supreme Court held that the waiver of sovereign immunity in RCRA and CWA is not clear enough to

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allow states to impose civil penalties directly, although penalties could be pursued in certain situations (i.e., where some type of court order had been issued and subsequently violated).

After the high court’s ruling, many in Congress believed that there was a need to enact legislation that would bring Federal facilities into the same legal framework as the private sector. The consensus among lawmakers was that there was a double standard in the United States by which the same government that developed laws to protect human health and the environment, and required compliance in the private sector, was itself not assuming the burden of compliance.

As a result, Congress enacted the FFCA, which effectively overturned the Supreme Court’s ruling. In the legislation Congress specifically waived sovereign immunity with respect to RCRA for Federal facilities.

Under section 102, the FFCA amends section 6001 of RCRA to specify that Federal facilities are subject to all civil and administrative penalties and fines, regardless of whether such penalties or fines are punitive or coercive in nature. These penalties and fines can be levied by EPA or by authorized states. In addition, the FFCA states that the United States hereby expressly waives any immunity otherwise applicable to the United States. Federal agents, employees, and officers are not liable for civil penalties, however, they are subject to criminal sanctions. No departments, agencies, or instrumentalities are subject to criminal sanctions.

Section 104 (1) and (2) require EPA to conduct annual RCRA inspections of all Federal facilities. As part of the first inspection conducted under this authority, EPA is required to conduct a comprehensive groundwater monitoring evaluation, unless such an evaluation was conducted in the preceding 12 months. Authorized states are also given authority to conduct inspection of Federal facilities for the purpose of enforcing compliance with the state hazardous waste program.

Under section 104(4), the Federal agency is required to reimburse EPA for reasonable service charges associated with conducting the inspections of its facilities. States are allowed to recover the costs of inspections under the authority granted in section 102(3). In the case of corrective action DOE can expect more frequent progress inspections by the regulator and that all eligible expenses incurred will have to be reimbursed. On an annual basis, EPA negotiates IAGs with other Federal agencies, including DOE, for reimbursement for these costs. Once the IAGs are executed and processed, only a few basic steps must be followed to use and track these funds appropriately.

Many DOE facilities are now subject to Federal facility compliance agreements and other binding administrative cleanup orders. The FFCA will allow regulators to impose fines or penalties on Federal entities that fail to meet milestones or deadlines contained in such agreements or orders. Penalties specified in the agreements will now be enforceable and may result in substantial financial penalties to noncompliant facilities.

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f. Describe the types of facilities that need RCRA permits, and discuss general RCRA permitting requirements found at 40 CFR 264.

The following is taken from DOE, Office of Health, Safety, and Security, Environmental Guidance, Resource Conservation and Recovery Act, RCRA Permitting Guide for Hazardous & Radioactive Mixed Waste Management Facilities.

Hazardous waste treatment, storage, and disposal facilities must submit both the part A and part B permit applications to the regulatory agency at the same time. For new facilities, the part A and part B permit applications must be submitted at least 180 days before construction of the facility is expected to begin.

The RCRA permit application consists of two parts—part A and part B. The part A permit application is a standard form that requests general information about the facility and its operations. The RCRA part B permit application provides comprehensive information about the facility and has no standard format. Some of the required information in the part B application is common to all types of facilities while other information items are specific to the types of units included in the application.

The following is taken from DOE Office of Environmental Policy and Assistance, DOE/EH-413/9715.

Unless a hazardous waste TSD facility qualifies for an exemption from the RCRA permitting requirements, it must obtain an RCRA permit for the active stage of its life, which includes operating and closure activities. Such RCRA permits can be divided into two categories: standard permits and special forms of permits. A standard RCRA permit is issued for a hazardous waste TSD facility where one or more hazardous waste management units may be located.

Hazardous waste management units that typically receive standard RCRA permits include: containers and container storage areas, tanks and tank systems, surface impoundments, waste piles, land treatment facilities, landfills, miscellaneous units, drip pads, and containment buildings.

Under Federal regulations, the administrative process that must be completed before EPA issues a standard RCRA permit involves the following components: convene at least one public meeting before the permit application is submitted; issue a public notice when the application is filed; assess the need for an informational repository; review the permit application; prepare a draft permit; issue a public notice announcing the opportunity for comments on the draft permit; convene public hearings (if needed); and finalize the permit.

Special forms of RCRA permits are issued when the type of unit being permitted, or the circumstances of permit issuance, justify modifying the standard administrative process. Special forms of permits include: emergency permits; permits by rule; research, development, and demonstration permits; hazardous waste incinerator permits; permits for land treatment demonstrations using field test or laboratory analyses; interim permits for UIC wells; and permits for boilers and industrial furnaces burning hazardous waste.

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g. Describe how to determine if a material is a solid waste. Given a material that is a solid waste, describe how to determine if it is a hazardous or a mixed waste.

The following is taken from U.S. Geological Survey, USGS Recreation, Solid and Hazardous Substances.

Solid waste is any garbage, refuse, sludge from a wastewater treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits.

Hazardous waste is a solid waste, or combination of solid wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may: a) cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or b) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed.

The following is taken from U.S. Environmental Protection Agency, Waste Types, Mixed Waste.

Mixed waste contains both radioactive and hazardous waste components. As a result, both treatment and regulation are complex. Mixed wastes are regulated by the RCRA and the AEA. In general, the requirements of RCRA and AEA are consistent and compatible. However, in cases where requirements of the two acts are found to be inconsistent, the AEA takes precedence.

h. Discuss the Land Disposal Restrictions, including the different types of treatment standards, the dilution prohibition, the storage prohibition, and different types of variances and exemptions.

The following is taken from U.S. Environmental Protection Agency, Land Disposal Restrictions, Summary of Requirements.

All listed and characteristic hazardous wastes that will be land disposed are subject to the land disposal restrictions (LDR) program. However, certain exceptions apply if wastes meet an exclusion. There are general exclusions that apply to all RCRA regulations, such as the exclusions from the definition of solid waste under 40 CFR 261.4, “Exclusions,” or exclusions from the definition of hazardous waste. In addition, the following wastes are not subject to the LDR regulations: Waste generated by conditionally exempt small quantity generators; Waste pesticide and container residues disposed of by farmers on their own land; Newly identified or newly listed hazardous wastes for which EPA has not yet

promulgated treatment standards; Certain low-volume releases of characteristic wastes, known as de minimis losses, or

characteristic laboratory chemicals that are mixed with a facility’s wastewater and discharged under CWA regulation.

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Dilution Prohibition The LDR dilution prohibition states that you cannot in any way dilute a hazardous waste as a substitute for adequate treatment. The dilution prohibition implements 3004(m) of RCRA, which requires that hazardous constituents be destroyed, removed, or immobilized before land disposal. The dilution prohibition serves two main purposes: to ensure the actual treatment of hazardous constituents; and to ensure that wastes are treated appropriately. Dilution is not permitted when it is used to avoid meeting an applicable treatment standard or effective date.

Storage Prohibition It is permissible under RCRA to temporarily store prohibited hazardous wastes. Storage of prohibited wastes is only allowed to accumulate a sufficient volume of waste to facilitate proper treatment, recovery, or disposal of that waste. If you generate the waste, you are subject to restrictions on accumulation time and other general requirements under 40 CFR 262.34, “Accumulation Time,” and 40 CFR 268.50, “Prohibitions on Storage of Restricted Wastes.” while such waste is in storage. If you own or operate a TSDF, you are subject to marking and labeling requirements for restricted wastes in storage in addition to any unit specific operating requirements in 40 CFR 264 or 40 CFR 265, “Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities.”

A storage limit of up to one year generally provides sufficient time to accumulate enough waste to facilitate proper recovery, treatment, or disposal. If the need to store hazardous waste for a period beyond one year arises, facilities are not required to submit any notification to EPA. However, in the event of an enforcement action, the burden of proof to justify that such storage is necessary to facilitate proper recovery, treatment, or disposal lies with the facility.

Variance, Extensions, and Exemptions In the LDR program, six provisions allow for delays or exemptions from the application of treatment standards and other LDR requirements. The provisions are:

1. National capacity variance 2. Case-by-case extension 3. Treatability variance 4. Equivalent method variance 5. No-migration petition 6. Surface impoundment exemption

National Capacity Variance A national capacity variance is provided when EPA determines that sufficient treatment capacity for certain hazardous wastes is not available on a nationwide basis. The variance extends the effective date of the waste’s treatment standard until the earliest date when treatment capacity is expected to be available, with a maximum of a two-year extension. Wastes benefitting from a national capacity variance are allowed to be land disposed without meeting treatment standards.

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Case-by-case Extension In site-specific cases where adequate treatment capacity for a specific waste cannot reasonably be made available by the effective date of prohibition, one can petition EPA for an extension of the effective date on a case-by-case basis. EPA may grant a case-by-case extension of up to one year, renewable only once, for one additional year.

Treatability Variance A generator or treatment facility whose wastes cannot be treated to achieve the established treatment standards, or for which treatment standards are not appropriate, may petition EPA for a variance from the treatment standard (treatability variance). Wastes that may be eligible for a variance include unique wastes, remediation wastes, wastes formed by inadvertent mixing, or wastes that otherwise are different in physical or chemical properties from those wastes used to set the treatment standards. A treatment variance does not exempt your wastes from treatment, but rather establishes an alternative LDR treatment standard.

Equivalent Method Variance For some restricted wastes, EPA expressed treatment standards as a specified treatment method rather than as the constituent concentration levels in the waste. These wastes must be treated using the specified technology in order to comply with the LDR standards. In some situations, however, EPA will allow alternative treatment methods to be used in place of the required technology as long as the method can be demonstrated to be equivalent to the specified treatment standard.

No-migration Petition Under certain circumstances EPA will allow wastes to be placed in land disposal units without first meeting their treatment standards. If a petitioner can demonstrate that hazardous constituents will not migrate from a unit at concentrations greater than agency-approved health-based levels, EPA will grant a no-migration variance. A no-migration variance may be granted for up to ten years, not to exceed a date beyond the term of the unit’s permit. The regulatory relief issued under a no-migration variance applies only to the unit and wastes specified in the petition.

Surface Impoundment Exemption Under LDR there are two exemptions established for surface impoundments. The first exemption, found at 40 CFR 268.4, “Treatment Surface Impoundment Exemption,” allows wastes to be placed in surface impoundments for treatment in the impoundment without first meeting the LDR treatment standards. In order to qualify for this exemption the unit must meet the following conditions: Representative samples must be taken of the wastes in the surface impoundments to

determine if they meet the applicable treatment standards. Liquid and solid treatment residuals not meeting their treatment standards must be

removed from the surface impoundment annually; the removed residues must then be treated to meet the applicable standards before being disposed and may not be placed in another surface impoundment.

The facility must keep all records concerning such sampling and removal of wastes.

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The surface impoundment also must be designed in accordance with specified criteria, including the minimum technological requirements, such as a double liner, leachate collection system, and groundwater monitoring system.

The second exemption for surface impoundments is found at 40 CFR 268.14, “Surface Impoundment Exemptions.” This exemption applies only in situations where a nonhazardous waste surface impoundment is storing a waste that then becomes newly subject to RCRA requirements. Since these wastes are newly regulated, RCRA regulations require these surface impoundments either to be closed or upgraded to meet minimum technical requirements within four years.

i. Discuss the regulatory requirements applicable to Federal facility solid waste landfills (including RCRA Subtitle D).

The following is taken from U.S. Environmental Protection Agency, Wastes—Non-Hazardous Waste—Municipal Land Fills.

Modern landfills are well-engineered facilities that are located, designed, operated, and monitored to ensure compliance with Federal regulations. Solid waste landfills must be designed to protect the environment from contaminants which may be present in the solid waste stream. The landfill siting plan—which prevents the siting of landfills in environmentally-sensitive areas—as well as onsite environmental monitoring systems—which monitor for any sign of groundwater contamination and for landfill gas—provide additional safeguards. In addition, many new landfills collect potentially harmful landfill gas emissions and convert the gas into energy. For more information, visit EPA’s landfill methane outreach program.

Municipal solid waste landfills (MFWLFs) receive household waste. MSWLFs can also receive non-hazardous sludge, industrial solid waste, and construction and demolition debris. All MSWLFs must comply with the Federal regulations in subtitle D of RCRA or equivalent state regulations. Federal MSWLF standards include: Location restrictions—ensure that landfills are built in suitable geological areas away

from faults, wetlands, flood plains, or other restricted areas. Composite liners requirements—include a flexible membrane overlaying two feet of

compacted clay soil lining the bottom and sides of the landfill, protect groundwater and the underlying soil from leachate releases.

Leachate collection and removal systems—sit on top of the composite liner and removes leachate from the landfill for treatment and disposal.

Operating practices—include compacting and covering waste frequently with several inches of soil to help reduce odor; control litter, insects, and rodents; and protect public health.

Groundwater monitoring requirements—requires testing groundwater wells to determine whether waste materials have escaped from the landfill.

Closure and postclosure care requirements—include covering landfills and providing long-term care of closed landfills.

Corrective action provisions—control and clean up landfill releases and achieve groundwater protection standards.

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Financial assurance—provides funding for environmental protection during and after landfill closure.

Some materials may be banned from disposal in MSWLFs including common household items such as paints, cleaners/chemicals, motor oil, batteries, and pesticides. Leftover portions of these products are called household hazardous waste. These products, if mishandled, can be dangerous to your health and the environment. Many municipal landfills have a household hazardous waste drop-off station for these materials.

The following is taken from U.S. Environmental Protection Agency, Region 9, Waste Programs.

RCRA, subtitle D regulates the management of nonhazardous solid waste. It establishes minimum Federal technical standards and guidelines for state solid waste plans in order to promote environmentally sound management of solid waste.

RCRA section 4001 of subtitle D outlines primary goals of the act, which are: Promote environmentally sound disposal methods Maximize the reuse of recoverable resources Foster resource conservation

Subtitle D regulates: Garbage also known as municipal solid waste Refuse Sludges from waste treatment plants, water supply treatment plants, or pollution

control facilities Nonhazardous industrial wastes Other discarded materials, including solid, semisolid, liquid, or contained gaseous

materials resulting from industrial and commercial activities

j. Discuss the Resource Conservation and Recovery Act underground storage tank regulations (Subtitle I).

The following is taken from U.S. Environmental Protection Agency, Civil Enforcement, RCRA Underground Storage Tank Enforcement.

Underground storage tanks that contain hazardous substances and/or petroleum are regulated under subtitle I of RCRA. On the other hand, USTs containing hazardous wastes are regulated under subtitle C of RCRA.

RCRA subtitle I, at the Federal level, regulates USTs and UST systems having at least ten percent of their combined volume underground and that contain hazardous substances or petroleum. Subtitle I requires owner and/or operators to notify the appropriate agency of the existence of such USTs, provide a method of release detection, ensure that the tanks and piping are properly designed, constructed, and protected from corrosion, and ensure that compatibility and other performance standards are met. In addition there are requirements for reporting and recordkeeping and financial responsibility. The corrective action or cleanup for releases of hazardous substances or petroleum from USTs is also included in subtitle I.

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Owners and/or operators of USTs or UST systems or the owners and/or operators of the facilities where they are located must ensure that the tanks or tank systems meet the regulatory requirements. Once the upgrade requirements have been met, it is important that the owners/operators comply with the notification, recordkeeping, and release detection requirements. The state requirements must be met if they are broader in scope or more stringent than the Federal requirements.

Under RCRA subtitle I, the enforcement actions generally correspond with those for RCRA noncompliance. In addition, Federal and state inspectors have the authority to issue field citations for minor and non-repeat UST violations. These are similar to traffic tickets and allow for expedited settlements.

EPA is authorized to assess civil penalties for violations of the UST requirements. In general, penalty amounts for field citations are lower but facilities must pay the penalty and come into compliance in a shorter timeframe.

k. Define the term “mixed waste.”

The following is taken from U.S. Environmental Protection Agency, Waste Types, Mixed Waste.

Mixed waste contains both radioactive and hazardous waste components. As a result, both treatment and regulation are complex. Mixed wastes are regulated by the RCRA and the AEA. In general, the requirements of RCRA and AEA are consistent and compatible. However, in cases where requirements of the two acts are found to be inconsistent, the AEA takes precedence.

l. Identify the applicable regulations and DOE Order for managing mixed low-level radioactive waste. Describe the system for classifying mixed waste and the general requirements for treatment, storage, and disposal.

The following is taken from DOE G 435.1-1, chapter IV.

In managing mixed low-level wastes that are subject to RCRA and TSCA requirements, personnel need to be cognizant of the requirements for storage and disposal of the waste. The ability to dispose of RCRA or TSCA waste that has a radioactive component is very limited. Therefore, waste generators should avoid creating a mixed or TSCA-regulated low-level waste, and generators and waste managers should avoid actions that result in generating low-level waste with no path to disposal.

Mixed low-level waste is managed within the Department through an existing mixed low-level waste management program. Appropriate management interfaces and exchanges of technical information need to be identified in the low-level waste management program wherever necessary to effect safe and effective management of mixed and non-mixed low-level waste. The systematic planning of mixed low-level waste can either be integrated with low-level waste planning or as a subset of low-level waste as appropriate. Mixed low-level waste interfaces, exchanges, inputs, and subsets discussions need to be included in the documentation of the complex-wide low-level waste management program and in the site

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radioactive waste management programs, as appropriate. The low-level and mixed low-level waste management programs should utilize existing data wherever possible.

Mixed low-level waste in storage may present a dilemma for determining compliance with the storage requirements. Some mixed low-level waste generated in the complex would fall into the category of not having an identified path to disposal, and should meet only the storage requirements for no-path-forward waste. However, some mixed low-level waste has an identified path to disposal, but must remain in storage for some period of time that exceeds one year, awaiting treatment processes or for other reasons. The field element manager needs to determine the appropriate way to exempt this waste from the storage limit requirement.

Note that because the hazardous component of mixed low-level waste is subject to the RCRA, special requirements apply, including a prohibition on storage. In accordance with the RCRA LDRs, storage of land disposal-restricted waste is prohibited, other than for the purpose of accumulation to facilitate treatment. Under the FFCA, DOE sites were required to develop STPs to bring stored mixed low-level waste into compliance with these requirements. The STP needs to be consulted and any mixed low-level waste stored for the purpose of accumulation to facilitate treatment must meet RCRA storage requirements. There could be several ways within different scenarios that this requirement can be met, however, there are basically four ways to show compliance with the requirement and include appropriate provisions in the radioactive waste management basis for the facility in which it is stored. These provisions should include a date or time period when the storage conditions will be re-evaluated to determine if storage longer than one year can be continued and provisions for appropriate facility operations (such as container inspections) that ensures the hazard from the radioactive component of the waste is still controlled.

The management of mixed low-level waste represents challenges not typically encountered with the management of low-level waste. The additional requirements imposed for the management of the hazardous constituent can represent additional management effort over that which is required for the radiological constituent. By identifying and segregating the two waste types, the amount of mixed low-level waste generated will be minimized and the effort and resources required to achieve final disposition of the waste will be minimized. Historical problems and current storage conditions exist, which indicate that a formal requirement to prevent the commingling of waste types is warranted.

Example: During the decontamination and decommissioning of an old laboratory a small quantity of mixed low-level waste is placed in a large wooden box with low-level waste. Segregation of the waste types is not done because it is believed that the waste will have to be repackaged for treatment in the near future. While in storage, the small amount of mixed low-level waste commingles with the rest of the waste in the wooden box. The entire contents of the wooden box must now be managed as mixed low-level waste.

The management policies and procedures for the storage of all low-level waste need to address the identification of mixed low-level waste. Identification of mixed low-level waste needs to occur prior to the waste being placed in storage. The requirements that personnel

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must follow in managing (i.e., generating, transporting, treating, storing, or disposing) mixed low-level waste are primarily in 40 CFR 260 through 270, or similar state regulations.

The management policies and procedures for the storage of all low-level waste need to address the segregation necessary to avoid commingling the waste types. The segregation should be a combination of physical and procedural requirements.

Example: Low-level waste and mixed low-level waste is stored in the same building. Procedures have been established to prevent the waste types from coming in contact with each other. In addition, physical markers such as lines on the floor and rope barriers are in place to prevent inadvertent contact between the waste types. The entire system is based on the proper marking and labeling of the waste containers.

22. Environmental Compliance personnel must demonstrate a familiarity level knowledge of the requirements for management of radioactive waste as described in: DOE O 435.1, Radioactive Waste Management DOE M 435.1, Radioactive Waste Management Manual

a. Discuss the requirements identified in DOE O 435.1, Radioactive Waste Management, for the following types of waste: Low-level High-level Transuranic

[Note: There are no specific requirements for types of waste in DOE O 435.1. The following general requirements are taken from the accompanying guides. Refer to the guides for a detailed description of all of the requirements.]

Low-Level The following is taken from DOE G 435.1-1, chapter IV.

Low-level radioactive waste is radioactive waste that is not high-level radioactive waste, spent nuclear fuel, transuranic waste, byproduct material, or naturally occurring radioactive material.

The following provide for management of specific wastes as low-level waste in accordance with the requirements in DOE G 435.1-1, chapter IV: Mixed Low-Level Waste. Low-level waste determined to contain source, special

nuclear, or byproduct material subject to the AEA, as amended, and a hazardous component subject to the RCRA, as amended, shall be managed in accordance with the requirements of RCRA and DOE G 435.1-1, chapter IV.

TSCA-Regulated Waste. Low-level waste containing PCBs, asbestos, or other such regulated toxic components shall be managed in accordance with requirements derived from the TSCA, as amended, and DOE G 435.1-1, chapter IV.

Accelerator-Produced Waste. Radioactive waste produced as a result of operations of DOE accelerators is low-level waste and shall be managed in accordance with DOE G 435.1-1, chapter IV, and all applicable Federal or state requirements.

11e.(2) and Naturally Occurring Radioactive Material. Small quantities of 11e.(2) byproduct material and naturally occurring radioactive material may be managed as

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low-level waste provided they can be managed to meet the requirements for low-level waste disposal in Section IV.P of DOE G 435.1-1, chapter IV.

The Department’s management of low-level waste occurs at numerous sites that generate, stage, and store waste, and at several sites that treat and dispose of the waste. A complex-wide program and plan establish the overall mission for the Department’s management of low-level waste and to provide a framework within which the individual site programs operate. DOE M 435.1-1, Radioactive Waste Management Manual, section I.2.B assigns the Assistant Secretary for Environmental Management the responsibility for developing and maintaining complex-wide, waste-type programs. Section I.2.D also assigns the Deputy Assistant Secretary for Waste Management the responsibility for developing and implementing complex-wide, waste-type program plans. The complex-wide low-level waste management program and plan are developed following the guidance provided for DOE M 435.1-1, section I.2.B and I.2.D requirements.

Mixed Low-Level Waste Program. Mixed low-level waste is managed within the Department through an existing mixed low-level waste management program. Appropriate management interfaces and exchanges of technical information need to be identified in the low-level waste management program wherever necessary to effect safe and effective management of mixed and non-mixed low-level waste. The systematic planning of mixed low-level waste can either be integrated with low-level waste planning or as a subset of low-level waste as appropriate. Mixed low-level waste interfaces, exchanges, inputs, and subsets discussions need to be included in the documentation of the complex-wide low-level waste management program and in the site radioactive waste management programs, as appropriate. The low-level and mixed low-level waste management programs should utilize existing data wherever possible.

Performance assessments of DOE low-level waste disposal facilities have been developed over a number of years. Composite analyses for low-level waste disposal facilities have recently been developed. Maintenance of these analyses is required to ensure that performance assessments and composite analyses adequately represent the current and expected future state of the low-level waste disposal facilities for which they are required. Such maintenance is properly the responsibility of the individual DOE sites conducting performance assessments and composite analyses. However, to promote efficient use of resources and foster an appropriate degree of consistency among the site programs, a complex-wide performance assessment and composite analysis maintenance program should be developed and implemented as part of the complex-wide low-level waste management program as described in the complex-wide strategy for maintenance of DOE low-level waste disposal facility performance assessment and composite analysis.

Compliance with this requirement is demonstrated by the presence of the performance assessment and composite analysis maintenance element in the complex-wide low-level waste management program, and the appropriate inclusion of interfaces, technical information, data, inputs, and subsets of the DOE mixed low-level waste program and the commercial greater than class C programs into the complex-wide low-level waste management program.

Low-level waste facilities, operations, and activities shall have a radioactive waste management basis consisting of physical and administrative controls to ensure the protection

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of workers, the public, and the environment. The following specific waste management controls shall be part of the radioactive waste management basis: Generators. The waste certification program. Treatment Facilities. The waste acceptance requirements and the waste certification

program. Storage Facilities. The waste acceptance requirements and the waste certification

program. Disposal Facilities. The performance assessment, composite analysis, disposal

authorization statement, closure plan, waste acceptance requirements, and monitoring plan.

High-Level The following is taken from Doe G 435.1-1, chapter II.

High-level waste is the highly radioactive waste material resulting from the reprocessing of spent nuclear fuel, including liquid waste produced directly in reprocessing and any solid material derived from such liquid waste that contains fission products in sufficient concentrations; and other highly radioactive material that is determined, consistent with existing law, to require permanent isolation.

The following provide for management of specific wastes as high-level waste in accordance with the requirements in DOE G 435.1-1, chapter II: Mixed High-Level Waste. Unless demonstrated otherwise, all high-level waste shall

be considered mixed waste and is subject to the requirements of the AEA of 1954, as amended, the RCRA, as amended, and DOE G 435.1-1, chapter II.

TSCA-Regulated Waste. High-level waste containing PCBs, asbestos, or other such regulated toxic components shall be managed in accordance with requirements derived from the TSCA, as amended and DOE G 435.1-1, chapter II.

Documentation of the site-wide radioactive waste management program shall include a description of the high-level waste systems engineering management program to support decision-making related to nuclear safety, including high-level waste requirements analysis, functional analysis and allocation, identification of alternatives, and alternative selection and system control.

High-level waste facilities, operations and activities shall have a radioactive waste management basis consisting of physical and administrative controls to ensure the protection of workers, the public, and the environment. The following specific waste management controls shall be part of the radioactive waste management basis: Generators. The waste certification program. Pretreatment and Treatment Facilities. The waste acceptance requirements and the

waste certification program. Storage Facilities. The waste acceptance requirements and the waste certification

program.

Transuranic The following is taken from DOE G 435.1-1, chapter III.

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Transuranic waste is radioactive waste containing more than 100 nanocuries of alpha-emitting transuranic isotopes per gram of waste, with half-lives greater than 20 years, except for the following: High-level radioactive waste. Waste that the Secretary of Energy has determined, with the concurrence of the

Administrator of the Environmental Protection Agency, does not need the degree of isolation required by 40 CFR 191, “Environmental Radiation Protection Standards for Management and Disposal of Spent Nuclear Fuel, High-Level and Transuranic Radioactive Wastes,” disposal regulations.

Waste that the NRC has approved for disposal on a case-by-case basis in accordance with 10 CFR 61, “Licensing Requirement for Land Disposal of Radioactive Waste.”

The following provide for management of specific wastes as transuranic waste in accordance with the requirements in DOE G 435.1-1, chapter III: Mixed Transuranic Waste. Transuranic waste determined to contain a hazardous

component subject to the RCRA, as amended, and a radioactive component subject to the AEA, as amended, shall be managed in accordance with the requirements of RCRA and DOE G 435.1-1, chapter III.

TSCA-Regulated Waste. Transuranic waste containing PCBs, asbestos, or other such regulated toxic components shall be managed in accordance with requirements derived from the TSCA, as amended, and DOE G 435.1-1, chapter III.

Pre-1970 Transuranic Waste. Transuranic waste disposed of prior to implementation of the 1970 AEC Immediate Action Directive regarding retrievable storage of transuranic waste is not subject to the requirements of DOE O 435.1, Radioactive Waste Management, and DOE G 435.1-1, chapter III.

Transuranic waste facilities, operations, and activities shall have a radioactive waste management basis consisting of physical and administrative controls to ensure the protection of workers, the public, and the environment. The following specific waste management controls shall be part of the radioactive waste management basis: Generators. The waste certification program. Treatment Facilities. The waste acceptance requirements and the waste certification

program. Storage Facilities. The waste acceptance requirements and the waste certification

program.

The following requirements apply to transuranic waste. Technical and Administrative. Waste acceptance requirements for all transuranic

waste storage, treatment, or disposal facilities, operations, and activities shall specify, at a minimum, the following: o Allowable activities and/or concentrations of specific radionuclides. o Acceptable waste form and/or container requirements that ensure the chemical

and physical stability of waste under conditions that might be encountered during transportation, storage, treatment, or disposal.

o Restrictions or prohibitions on waste, materials, or containers that may adversely affect waste handlers or compromise facility or waste container performance.

o Requirement to identify transuranic waste as defense or non-defense, and limitations on acceptance.

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o The basis, procedures, and levels of authority required for granting exceptions to the waste acceptance requirements, which shall be contained in each facility’s waste acceptance documentation. Each exception request shall be documented, including its disposition as approved or not approved.

b. Discuss the Department's performance objectives and performance assessment for disposal of low-level radioactive waste as outlined in DOE M 435.1-1, Radioactive Waste Management Manual.

The following is taken from DOE M 435.1-1.

Low-level waste disposal facilities shall meet the following requirements: Performance Objectives. Low-level waste disposal facilities shall be sited, designed,

operated, maintained, and closed so that a reasonable expectation exists that the following performance objectives will be met for waste disposed of after September 26, 1988: o Dose to representative members of the public shall not exceed 25 mrem in a year

total effective dose equivalent from all exposure pathways, excluding the dose from radon and its progeny in air.

o Dose to representative members of the public via the air pathway shall not exceed 10 mrem in a year total effective dose equivalent, excluding the dose from radon and its progeny.

o Release of radon shall be less than an average flux of 20 pCi/m2/s at the surface of the disposal facility. Alternatively, a limit of 0.5pCi/1 of air may be applied at the boundary of the facility.

Performance Assessment. A site-specific radiological performance assessment shall be prepared and maintained for DOE low-level waste disposed of after September 26, 1988. The performance assessment shall include calculations for a 1,000 year period after closure of potential doses to representative future members of the public and potential releases from the facility to provide a reasonable expectation that the performance objectives identified in DOE M 435.1-1 are not exceeded as a result of operation and closure of the facility. o Analyses performed to demonstrate compliance with the performance objectives

in DOE M 435.1-1, and to establish limits on concentrations of radionuclides for disposal based on the performance measures for inadvertent intruders in DOE M 435.1-1, chapter IV, shall be based on reasonable activities in the critical group of exposed individuals. Unless otherwise specified, the assumption of average living habits and exposure conditions in representative critical groups of individuals projected to receive the highest doses is appropriate. The likelihood of inadvertent intruder scenarios may be considered in interpreting the results of the analyses and establishing radionuclide concentrations, if adequate justification is provided.

o The point of compliance shall correspond to the point of highest projected dose or concentration beyond a 100-meter buffer zone surrounding the disposed waste. A larger or smaller buffer zone may be used if adequate justification is provided.

o Performance assessments shall address reasonably foreseeable natural processes that might disrupt barriers against release and transport of radioactive materials.

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o Performance assessments shall use DOE-approved dose coefficients (dose conversion factors) for internal and external exposure of reference adults.

o The performance assessment shall include a sensitivity/uncertainty analysis. o Performance assessments shall include a demonstration that projected releases of

radionuclides to the environment shall be maintained ALARA. o For purposes of establishing limits on radionuclides that may be disposed of near-

surface, the performance assessment shall include an assessment of impacts to water resources.

o For purposes of establishing limits on the concentration of radionuclides that may be disposed of near-surface, the performance assessment shall include an assessment of impacts calculated for a hypothetical person assumed to inadvertently intrude for a temporary period into the low-level waste disposal facility. For intruder analyses, institutional controls shall be assumed to be effective in deterring intrusion for at least 100 years following closure. The intruder analyses shall use performance measures for chronic and acute exposure scenarios, respectively, of 100 mrem in a year and 500 mrem total effective dose equivalent excluding radon in air.

c. Discuss the low-level waste characterization requirements.

The following is taken from DOE G 435.1-1, chapter IV.

DOE M 435.1-1 assigns the field element manager the responsibility of ensuring development, approval, and implementation of a program that addresses the responsibilities of waste generators, including waste characterization. The characterization data acquired during generation, storage, and after treatment of low-level waste need to be reliable and in sufficient detail to ensure subsequent management can be conducted safely and to meet the waste acceptance requirements of all subsequent receiving facilities. Accurate characterization of low-level waste is essential to waste planning by generators, as required by DOE M 435.1-1, section IV.H; waste certification by generators and other senders of waste, as required by DOE M

435.1-1, section IV.J; waste transfers by generators and other senders of waste, as required by DOE M

435.1, section IV.K; and; waste evaluation and acceptance by receivers of waste, as required by DOE M 435.1-

1, section IV.G.

In conducting the analyses for development of DOE M 435.1-1, characterization was identified as necessary to ensuring the safe management of waste from generation through disposal. Waste characterization is defined as:

The identification of waste composition and properties, such as by review of acceptable knowledge (which includes process knowledge), or by nondestructive examination, nondestructive assay, or sampling and analysis, to comply with applicable storage, treatment, handling, transportation, and disposal requirements.

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Accurate waste characterization is necessary so that the waste and waste containers are compatible and worker handling of waste containers can be performed safely. All information necessary for personnel to safely handle a container of low-level waste needs to be known at all times during the life cycle of the waste.

Waste characterization is a tool for gathering information that supports defensible decisions regarding safety, process, environmental and compliance matters in the management of low-level waste. The significance of the waste management decision will guide the graded application of this requirement, as well as the more detailed characterization requirements addressed in subsequent sections of DOE G 435.1-1. These subsequent sections address application of a DQO process to guide characterization and minimum characterization requirements.

Waste managers are to characterize low-level waste using an appropriate combination of direct and indirect methods. The appropriate method for characterizing waste depends on the parameter being measured, the hazards associated with acquiring the information, and the amount and quality of the data needed as determined through a DQO or similar process.

Direct methods of characterizing waste can be used to establish certain physical and chemical attributes as well as radiological characteristics. The most common direct methods for characterizing the chemical and/or radiological characteristics are sampling and laboratory analyses and certain nondestructive evaluation techniques (e.g., real-time radiography). Direct characterization methods are conducted in accordance with the QAP and plan governing the site and laboratory facilities.

Indirect methods of characterization use non-destructive examination techniques and acceptable knowledge to replace, supplement, and/or initially provide data that might otherwise be collected by direct, intrusive characterization of the waste. In the safety and hazard analysis performed in support of development of DOE M 435.1-1, the use of indirect methods was identified as an appropriate means of characterizing waste and at the same time complying with the ALARA principle for keeping radiation exposures to a minimum. An additional benefit of characterizing low-level waste by the use of indirect methods is the avoidance of the generation of waste associated with sample materials, and laboratory equipment and expendables.

For indirect methods of low-level waste characterization to serve their purpose of providing information necessary for the safe management of waste, the data need to be sufficiently accurate. The level of accuracy is determined through application of a DQO, or comparable process. Consistent with the DQO, correlations demonstrating that data provided by indirect methods are representative of the actual waste may need to be supported through the application of direct methods. The methodology could employ a number of techniques, some of which involve some direct sampling and analysis of the waste stream. The following guidance paragraphs discuss different indirect methods.

Similar to the EPA and NRC guidance on characterizing mixed waste, DOE endorses the use of indirect methods such as the use of acceptable or waste knowledge for characterizing physical, chemical, RCRA-regulated and radioactive components of waste. The term acceptable knowledge (or waste knowledge) includes process knowledge; records of analyses

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performed prior to the effective date of a requirement; or a combination of process knowledge and previous records, supplemented with chemical analyses. Process knowledge refers to detailed information on processes that generate waste subject to this requirement or information on processes similar to that which generated the waste being characterized.

Acceptable knowledge characterization of low-level waste is based on an understanding of the materials and processes used to generate the waste, or analytical data obtained from the process or waste stream or both. Acceptable knowledge also includes information regarding the source of the waste stream, the physical form and materials comprising the waste, the chemical constituents of the waste, and the nature of the radioactivity present. Acceptable knowledge may be used to describe low-level waste if the source information is consistent, defensible, and auditable. In practice, acceptable knowledge can be effectively used where low-level waste is generated in well known and tightly controlled processes for which the product is highly predictable.

Characterization data gained through acceptable knowledge must be within the acceptable range of certainty and precision identified by the DQO or similar process. Additionally, the effects of time-dependent processes must either be negligible or predictable. If acceptable knowledge is supported by the collection, analysis, and comparison of statistically valid samples with the acceptable knowledge records, periodicity of sampling and analysis should correlate with the nature of any changes in the process creating the waste or with changes that are being documented in characterization data.

Non-destructive examination and assay techniques use methods such as passive-active neutron assay, high resolution gamma ray spectroscopy, and thermal neutron capture to non-destructively collect data relating to the radionuclide constituents in the waste. Acceptable performance of assay techniques is determined through measurement of known standards and comparison to established QA objectives of the applicable characterization program. A process, similar to the one discussed above regarding acceptable knowledge needs to be established and documented in site procedures that outline the exact nature of the acceptable use of nondestructive examination techniques for providing characterization information on waste.

Another indirect method of providing radionuclide characterization data is through the use of a known relationship, or scaling factors, between a measured radionuclide or a dose rate and the radionuclide(s) of interest. As discussed above for acceptable knowledge and non-destructive examination techniques, use of scaling factors must be correlated with actual data.

The use of scaling factors is generally established by an initial characterization that provides a statistical basis for use of the scaling factors. As with any indirect method, the characterization program needs to include confirmatory measurements. The frequency of the confirmatory measurements is based on the consistency of the process generating the waste. Additionally, the history of previous confirmatory measurements may also influence the frequency of future confirmatory measurements with results that are very consistent providing justification for less frequent confirmatory measurements.

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d. Describe the Department's low-level radioactive waste acceptance criteria.

The following is taken from DOE M 435.1-1.

Waste acceptance requirements for all low-level waste storage, treatment, or disposal facilities, operations, and activities shall specify, at a minimum, the following: Allowable activities and/or concentrations of specific radionuclides Acceptable waste form and/or container requirements that ensure the chemical and

physical stability of waste under conditions that might be encountered during transportation, storage, treatment, or disposal

Restrictions or prohibitions on waste, materials, or containers that may adversely affect waste handlers or compromise facility or waste container performance

The following are additional waste acceptance requirements that shall be specified in low-level waste disposal facility waste acceptance requirements: Low-level waste must contribute to and not detract from achieving long-term stability

of the facility, minimizing the need for long-term active maintenance, minimizing subsidence, and minimizing contact of water with waste. Void spaces within the waste and, if containers are used, between the waste and its container shall be reduced to the extent practical.

Liquid low-level waste or low-level waste containing free liquid must be converted into a form that contains as little freestanding liquid as is reasonably achievable, but in no case shall the liquid exceed 1 percent of the waste volume when the low-level waste is in a disposal container, or 0.5 percent of the waste volume after it is processed to a stable form.

Low-level waste must not be readily capable of detonation or of explosive decomposition or reaction at anticipated pressures and temperatures, or of explosive reaction with water. Pyrophoric materials contained in waste shall be treated, prepared, and packaged to be nonflammable.

Low-level waste must not contain, or be capable of generating by radiolysis or biodegradation, quantities of toxic gases, vapors, or fumes harmful to the public or workers or disposal facility personnel, or harmful to the long-term structural stability of the disposal site.

Low-level waste in a gaseous form must be packaged such that the pressure does not exceed 1.5 atmospheres absolute at 20ºC.

The basis, procedures, and levels of authority required for granting exceptions to the waste acceptance requirements, shall be contained in each facility’s waste acceptance documentation. Each exception request shall be documented, including its disposition as approved or not approved.

e. Discuss the basic requirements for a low-level disposal site closure and for post closure operations.

The following is taken from DOE M 435.1-1.

A preliminary closure plan shall be developed and submitted to headquarters for review with the performance assessment and composite analysis. The closure plan shall be updated

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following issuance of the disposal authorization statement to incorporate conditions specified in the disposal authorization statement. Closure plans shall be updated as required during the operational life of the facility; include a description of how the disposal facility will be closed to achieve long-term

stability and minimize the need for active maintenance following closure and to ensure compliance with the requirements of DOE Order 5400.5, Radiation Protection of the Public and the Environment;

include the total expected inventory of wastes to be disposed of at the facility over the operational life of the facility.

Closure of a disposal facility shall occur within a five-year period after it is filled to capacity, or after the facility is otherwise determined to be no longer needed.

Prior to facility closure, the final inventory of the low-level waste disposed in the facility shall be prepared and incorporated in the performance assessment and composite analysis, which shall be updated to support the closure of the facility. A final closure plan shall be prepared based on the final inventory of waste disposed in the facility, the plan implemented, and the updated performance assessment and composite analysis prepared in support of the facility closure. Institutional control measures shall be integrated into land use and stewardship plans and programs, and shall continue until the facility can be released pursuant to DOE Order 5400.5. The location and use of the facility shall be filed with the local authorities responsible for land use and zoning.

The following is taken from 10 CFR 61.44.

The disposal facility must be sited, designed, used, operated, and closed to achieve long-term stability of the disposal site and to eliminate to the extent practicable the need for ongoing active maintenance of the disposal site following closure so that only surveillance, monitoring, or minor custodial care are required.

f. Define the following terms and their implications for regulation in the Department of Energy: Source material Special nuclear material Byproduct material Naturally occurring or accelerator-produced radioactive material Spent nuclear fuel Uranium mine and mill tailings

The following definitions are taken from U.S. Environmental Protection Agency, Radiation Protection, Radiation Glossary.

Source Material Source material consists of uranium or thorium ores mined from the earth. Source material is defined in 10 CFR 20.1003, “Standards for Protection Against Radiation, Definitions,” as uranium, or thorium or any combination of uranium and thorium in any physical or

chemical form;

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ores that contain, by weight, one-twentieth of 1 percent (0.05 percent), or more, of uranium, thorium, or any combination or uranium and thorium. Source material does not include SNM.

Special Nuclear Material Special nuclear material is defined in 10 CFR 20.1003 as plutonium, uranium-233, uranium enriched in the isotope 233 or in isotope 235, and

any other material that the NRC, pursuant to the provisions of section 51 of the AEA, determines to be SNM,

any material artificially enriched by any of the foregoing (does not include source material).

Byproduct Material Byproduct materials are radioactive materials left over from the production or use of SNM or the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content.

Naturally Occurring or Accelerator-Produced Radioactive Material Radioactive materials not covered under the AEA that are naturally occurring or produced by an accelerator. Accelerators are used in sub-atomic particle physics research. These materials have been traditionally regulated by states. This waste is not covered under the AEA, is not a form of low-level waste, and is not regulated by NRC.

Spent Nuclear Fuel The following is taken from DOE M 435.1-1.

Fuel that has been withdrawn from a nuclear reactor following irradiation, the constituent elements of which have not been separated by reprocessing. Test specimens of fissionable material irradiated for research and development only, and not production of power or plutonium, may be classified as waste, and managed in accordance with the requirements of this manual when it is technically infeasible, cost prohibitive, or would increase worker exposure to separate the remaining test specimens from other contaminated material.

Uranium Mine and Mill Tailings Tailings are wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content.

The following is taken from U.S. Environmental Protection Agency, Radiation Protection, Uranium Mill Tailings.

Uranium mill tailings are the radioactive sandlike materials that remain after uranium is extracted by milling ore mined from the earth. Tailings are placed in huge mounds called tailings piles which are located close to the mills where the ore is processed.

The most important radioactive component of uranium mill tailings is radium, which decays to produce radon. Other potentially hazardous substances in the tailings are selenium, molybdenum, uranium, and thorium.

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The EPA issued two sets of standards controlling hazards from uranium mill tailings in 1983, under the authority of the Uranium Mill Tailings Radiation Control Act of 1978. These standards provide for the cleanup and disposal of mill tailings at abandoned sites and the disposal of tailings at licensed sites after cessation of operations. They are implemented by DOE, NRC, and some states through agreements with NRC, and require a combination of active and passive controls to clean up contaminated groundwater as well as tailings that have been misused at offsite locations, and to dispose of tailings in a manner that will prevent misuse, limit radon emissions, and protect groundwater.

Active controls include building fences, putting up warning signs, and establishing land use restrictions. Passive controls include constructing thick earthen covers, protected by rock and designed to prevent seepage into groundwater, over the waste. Earthen covers also effectively limit radon emissions and gamma radiation and, in conjunction with the rock covers, serve to stabilize the piles to prevent dispersion of the tailings through erosion or intrusion. In some cases, piles may be moved to safer locations.

The standards were amended in 1993 to require that all licensed sites that have ceased operation undergo RA as soon as possible. The EPA is in the process of enacting revised groundwater protection standards that will require the same treatment of groundwater at the abandoned sites as is now required at the licensed sites. In addition, EPA enacted clean air act standards in 1989 limiting radon emissions and restricting the length of time that abandoned piles may remain uncovered with no controls on radon emissions. EPA also requires that any piles that may be constructed in the future meet requirements that limit radon emissions and inhibit groundwater contamination during their operational phase. Licensed mills also are subject to the uranium fuel cycle standard which regulates radionuclide emissions other than radon.

g. Discuss the process the National Defense Authorization Act for FY2005, section 3116, established to evaluate whether a specific waste can be managed as other than high-level radioactive waste.

The following is taken from the U.S. Nuclear Regulatory Commission, Section 3116 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (NDAA).

Notwithstanding the provisions of the Nuclear Waste Policy Act of 1982, the requirements of section 202 of the Energy Reorganization Act of 1974, and other laws that define classes of radioactive waste, with respect to material stored at a DOE site at which activities are regulated by a covered state pursuant to approved closure plans or permits issued by the state, the term “high-level radioactive waste” does not include radioactive waste resulting from the reprocessing of spent nuclear fuel that the Secretary of Energy in consultation with the NRC, determines does not require permanent isolation in a deep geologic repository for spent fuel or

high-level radioactive waste; has had highly radioactive radionuclides removed to the maximum extent practical;

and does not exceed concentration limits for class C low-level waste as set out in 10 CFR

61.55, “Waste Classification,” and will be disposed of

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o in compliance with the performance objectives set out in 10 CFR 61, “Licensing Requirements for Land Disposal of Radioactive Waste” ; and

o pursuant to a state-approved closure plan or state-issued permit, authority for the approval or issuance of which is conferred on the state outside of this section; or

exceeds concentration limits for class C low-level waste as set out in 10 CFR 61.55, but will be disposed of o in compliance with the performance objectives set out in 10 CFR 61; o pursuant to a state-approved closure plan or state-issued permit, authority for the

approval or issuance of which is conferred on the state outside of this section; and o pursuant to plans developed by the Secretary in consultation with the NRC.

23. Environmental compliance personnel must demonstrate a working level knowledge of the requirements for and elements of Environmental Management Systems (EMSs).

a. Discuss the requirements for implementation of an EMS in accordance with DOE O 436.1.

The following is taken from DOE O 436.1.

An EMS is a management tool enabling an organization of any size or type to identify and control the environmental impact of its activities, products or services; improve its environmental performance continually; and implement a systematic approach to setting environmental objectives and targets, to

achieving these and to demonstrating that they have been achieved.

Contractors must develop and implement an EMS that is certified to or conforms with the International Organization for Standardization’s (ISO) 14001:2004. Site sustainability goals must be integrated into the EMSs.

b. Discuss the elements of an EMS as described by International Standards Organization (ISO) 14001.

The following is taken from the National Center for Environmental Decision-Making Research, Technical Report NCEDR 98-06, ISO 14001, Guidance Manual.

The organization shall establish and maintain a program for achieving its objectives and targets. It shall include designation of responsibility for achieving objectives and targets at each relevant

function and level of the organization the means and time frame by which they are to be achieved

If a project relates to new developments and new or modified activities, products or services, programs shall be amended where relevant to ensure that environmental management applies to such projects.

The EMS should be designed into the existing organizational structures such as financial management, purchasing, legal, operational, and management information systems structures. This is essential if environmental management is to become an integral portion of overall general business management.

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There will be instances where existing management structures are not adequate to achieve the targets and objectives set for the EMS. In this instance, new organizational structures must be developed. These new structures are best developed with input from those responsible for the activities in question, such as the departmental head or foreman of a process. The management representative, EMS developmental expert, and other operational staff members for the practice being considered might be included in this structural development.

Projects may be initiated as a result of EMS development that invest in new products, processes, and equipment. These would be expected where investments are aimed at the reduction of environmental impacts, either direct or indirect, higher level of performance, or cost reduction. Project targets may be set from efforts in investigation and identification during the initial review.

Environmental management system monitoring is primarily the responsibility of the department manager. Managers should routinely report to senior management the status of any and all environmental programs and projects under their control. This communication effort allows integration of those environmental concerns into the scope of management concerns at a senior level.

The EMS does not need to be contained in one document. A “road map” to other documents fully complies with the standard. Documents must include the roles and responsibilities, processes and schedules that the standard requires of the EMS. The EMS should be integrated into other business planning as much as is practical.

c. Discuss requirements of Executive Orders 13423 and 13514 relative to EMS and environmental sustainability and the methods of their implementation, including how they are incorporated into contracts.

Executive Order 13423 The following is taken from Fed Center, Instructions for Implementing Executive Order 13423.

EO 13423, section 3(b), excerpted:

In implementing the policy set forth in section 1 of this Order, the head of each agency shall implement, within the agency EMS at all appropriate organizational levels to ensure use of EMS as the primary management approach for addressing the environmental

aspects of internal agency operations and activities, including environmental aspects of energy and transportation functions;

establishment of agency objectives and targets to ensure implementation of this order; and

collection, analysis, and reporting of information to measure performance in the implementation of this order.

An EMS is a tool used to pursue policies and goals established by an organization by properly managing its operations and activities. It is not a stand-alone environmental program or a data management program. In other words, the management system is a framework within which existing and new organizational responsibilities, programs, and

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activities are linked. The management system model of “plan, do, check, act” provides rigor to existing operations and programs to further ensure continual improvement.

When properly implemented, a management system enables an organization to clearly identify and establish goals, develop and implement plans to meet the goals, determine measurable progress towards the goals, and make improvements to ensure continual improvement. Where programs to support the sustainable practices related to environmental-, transportation-, or energy-related activities already exist within an organization, they are not replaced or overtaken by the management system but contribute to and, are enhanced by, the system. For example, leadership, management, and operations addressing a specific program can remain, except the management system now recognizes that program as one contributing towards meeting the organizational goals and as a source of information for overall reporting.

The true benefit of the management system model is that it ensures existing or new programs are closely linked to the organization’s environmental and energy footprint and legal and other requirements. The management system helps to ensure that efforts are properly deployed in regard to training, monitoring and measurement, and reporting. The management system also ensures that senior management plays an active role in evaluating status and progress and makes decisions towards the commitment to continual improvement.

Each agency shall, at all appropriate organizational levels, including agency, sub-agency, bureau, service, command, and/or facility, develop, implement, and maintain an EMS to be used to identify and address agency environmental, transportation, and energy issues.

The EMS shall reflect the EMS elements and framework found in the ISO 14001:2004(E). The EMS objectives shall include the goals identified in section 2 of the EO.

Management Framework The management system will serve as the management framework under which agencies and their facilities or organizations identify, manage, and improve the sustainable practices identified in section 2 of the EO and identify and collect performance measurement information to address the reporting requirements of section 3(g) of the EO. EMS also shall be used to support compliance with environmental and energy regulations, to enable the prevention of pollution and efficient energy management, and to support other objectives identified by the organization.

Review and Update Once implemented, an EMS shall be reviewed and updated annually or more frequently, as appropriate, by senior leadership accountable for implementation of that EMS. This annual management review does not require a conformance document.

External Communication To facilitate communication between Federal agencies, their stakeholders, and their neighbors, as part of the EMS, agencies shall commit to proactive communications with interested parties. EMSs should support appropriate inclusion of local participation, consistent with the objectives of E.O. 13352, “Facilitation of Cooperative Conservation.”

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Executive Order 13514 The following is taken from the DOE Office of Nuclear Safety, Quality Assurance and Environment, Overview of Executive Order 13514.

EO 13514 establishes GHG emission reductions as an overarching, integrating performance

metric for all Federal agencies; and requires a deliberative planning process, linked to budget allocations and scored by

the Office of Management and Budget to ensure goal achievement.

The DOE must develop percentage reduction targets for Department-wide reductions in absolute terms for its combined scope 1 and 2 GHG emissions, and for its scope 3 GHG emissions. Targets are to be achieved by fiscal year (FY) 2020 relative to a FY 2008 baseline.

EO 13514 requires DOE and other Federal agencies to lead by example in creating a clean energy economy. To meet EO goals, DOE shall perform the following: Increase energy efficiency Measure, report and reduce GHG emissions from direct and indirect activities Conserve and protect water resources through efficiency, reuse, and stormwater

management Eliminate waste, recycle, and prevent pollution Leverage departmental acquisition to foster markets for sustainable technologies and

environmentally preferable materials, products, and services Design, construct, maintain, and operate high performance sustainable buildings in

sustainable locations Strengthen the vitality and livability of the communities in which DOE facilities are

located Inform DOE employees about, and involve them in achieving the goals of EO 13514.

The EO includes a goal of sustaining progress toward meeting EO goals by continuing the implementation of formal EMSs at all appropriate organizational levels, and ensuring these formal EMSs are appropriately implemented and maintained to achieve the performance necessary to meet the goals of the EO.

d. Discuss how an EMS integrates with the requirements of the above Executive Orders as well as Integrated Safety Management Systems.

The following is taken from DOE G 450.1-2.

The first step in developing the integrated safety management system (ISMS)/EMS is to identify how the organization might impact the environment. In EMS terms, this is known as identifying the environmental aspects of an organization’s existing, as well as new or proposed activities, products, and services. These cover all the possibilities for an organization to influence the environment, both positive and negative. Several approaches may be used to identify environmental aspects. To understand these approaches, individuals must first have a working knowledge of the terms activities, products, and services and environmental aspects, and know how they relate to a DOE site.

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Activities Activities offer the greatest possibilities for DOE sites to influence the environment. Activities may include those that generate waste (radioactive, hazardous, solid waste), such as construction of waste management units or equipment maintenance, or general administrative activities that use resources, including energy, paper, water, or natural resources.

Products DOE sites do not, on the whole, make products in the conventional manufacturing sense. The aspects identification methodology will, therefore, place greater emphasis on activities and services typically associated with DOE operations. However, policies and/or procedural documents may have tangible environmental implications when sites implement them. For example, the institutional control policy provides a mechanism designed to appropriately limit access to or uses of land, facilities and other real and personal properties to protect cultural and natural resources, which can have tangible environmental implications when put into practice. These policies/procedures may therefore be considered products by organizations that are determining their impacts on the environment.

Services DOE sites may include several organizations that provide services to other site operations. For example, services may include waste treatment, waste pickup, and technical support services. These services should be considered when determining how a site interacts with the environment.

The second step in developing the ISMS/EMS involves the identification of the potential environmental impacts of an environmental aspect. A potential environmental impact is defined by its likelihood of occurrence and the likely consequences if it does occur. When the potential environmental impacts have been identified, their descriptions should be recorded alongside the activity and aspect with which they are associated.

The potential environmental impact of an aspect is defined by the likelihood of that aspect occurring and the likely consequences to the environment, mission, and/or community when it does occur. Although it is possible to determine these characteristics in a technically rigorous manner, including the use of decision trees, modeling, and studies of toxicological parameters, this level of rigor is rarely necessary and is often impractical for purposes of identifying how an environmental aspect affects the environment. In most cases, individuals with experience at a DOE site should be able to assign a realistic likelihood and consequence to potential environmental impacts. In many cases, sites can use the experiences of other organizations or sites regarding similar activities and similar circumstances, and the environmental aspects and impacts are likely to be comparable. Quantification of potential environmental impacts, where possible, will facilitate the determination of significance.

In the third step, a DOE site should identify of all activities, products, or services whose aspects have regulatory implications. Because of the ramifications that regulatory violations might have for a site, it is important that all aspects with regulatory implications be managed through the ISMS/EMS. Site environmental and legal personnel should help determine those legal requirements that apply to environmental aspects on DOE sites. The site ISMS/EMS

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team and other parties that the team believes can contribute (e.g., the site regulatory experts) should list all environmental aspects whose activities, products, or services are subject to regulation.

After listing all activities, products, and services and identifying their associated environmental aspects, sites should consider specific environmental interactions and impacts and develop measurable objectives and targets.

DOE O 450.1A requires that all DOE elements ensure that site ISMSs include an EMS that provides for the systematic planning, integrated execution, and evaluation of programs for pollution prevention. DOE O 450.1A requires that as part of integrating EMSs into site ISMSs, DOE elements must reduce or eliminate the generation of waste, the release of pollutants to the environment, and the use of class I ozone depleting systems through source reduction, reuse, segregation, and recycling, and by procuring recycled-content materials and environmentally preferable products and services.

DOE O 450.1A requires that, as part of integrating EMSs into site ISMSs, DOE elements must promote the LTS of a site’s natural and cultural resources throughout its operational, closure, and post-closure life cycle. LTS is a Department-wide responsibility and a component of all aspects of departmental decision-making. One effective and efficient way to implement the sound stewardship practices sought by DOE is by weaving pollution prevention technologies, practices, and policies into the EMS continuous cycle of planning, implementing, evaluating, and improving the organizations environmental performance.

DOE O 450.1A requires that as part of integrating EMSs into site ISMSs, DOE elements must ensure the early identification of, and appropriate response to, potential adverse environmental impacts associated with DOE operations, including, as appropriate, preoperational characterization and assessment and effluent and surveillance monitoring. The ISMS/EMS should include adequate monitoring of environmental media to detect releases from facilities and operations, and to evaluate the impact of these releases on the general public and environmental resources.

Significance in the NEPA and ISMS/EMS Context There are similarities and differences in the basis for determining significance in the context of the ISMS/EMS and NEPA. The criteria for “likelihood” and “environmental consequence” used to identify significant environmental aspects in an ISMS/EMS are consistent with the criteria for assessing potential significance in NEPA, even though their application may be different in the two processes. The criteria for “mission consequence” may not factor into a determination of significant impacts under NEPA, however, there are instances where the Department’s NEPA documents do consider potential mission impact.

When identifying significant environmental aspects in ISMS/EMS planning, staff members should be aware whether those aspects have been addressed through the NEPA process and whether they are identifying information that might trigger the need for a NEPA review or that should be part of an otherwise planned NEPA review. Conversely, the NEPA process may identify aspects that are significant for the site’s ISMS/EMS, or may resolve such significant aspects (e.g., through mitigation commitments).

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Another situation in which the relationship is important is when evaluating new proposals. In the NEPA context, the significance of potential environmental impacts is most relevant when evaluating a proposed major Federal action. The ISMS/EMS should account for this by encouraging an awareness of NEPA requirements and existing NEPA documentation during the assessment of environmental aspects for new proposals. In many circumstances, some environmental aspects would be significant for both NEPA and EMS, while in others they might be significant for one but not the other.

Approach to Setting Objectives and Targets The ISMS/EMS team should consider a variety of factors when setting objectives and targets to ensure that the objectives and targets are feasible and achievable. The following paragraphs describe some well-recognized factors. However, there may be other factors specific to the organization that the team should consider. These include any items that the ISMS/EMS team believes may influence the effectiveness of the objectives and targets. The pollution prevention possibilities for a given aspect should be considered before setting objectives and targets.

The final step is to formalize the organization’s objectives and targets. The primary decision-makers (management) in the organization must agree on the objectives and targets before they can be formalized. Management must review the detailed descriptions of the objectives, the resource estimates, and any other related information necessary for it to authorize implementation of programs for achieving the objectives and targets .

Once management has authorized the use of resources and the development of programs to achieve objectives and targets, the organization can proceed to accomplish those aims through development of an environmental management plan (EMP). The organization creates the EMP for achieving the objectives and targets set for significant environmental aspects. These new, modified, or existing EMPs should clearly describe any additional actions and tasks needed to achieve the objectives and targets for the EMS elements.

e. Discuss the purpose of DOE's Strategic Sustainability Performance Plan (SSPP), and how it is implemented at the site level using Site Sustainability Plans (SSPs).

The following is taken from the DOE Strategic Sustainability Performance Plan.

Sustainability is fundamental to DOE’s research mission and operations as reflected in the Department’s strategic plan. Our overarching mission is to discover the solutions to power and secure America’s future. We are implementing our mission through three strategic goals:

1. Innovation, to maintain U.S. global leadership in science and engineering 2. Energy, to build a competitive and sustainable clean energy economy to secure

America’s energy future 3. Security, to reduce nuclear dangers and environmental risks

To accomplish its mission, the Department focuses on achieving a number of ambitious strategic priorities. DOE invests in science to achieve transformational discoveries. It is pursuing clean, secure energy, by reducing our dependence on oil and changing the landscape of energy demand and supply. The Department is positioning the U.S. to lead on climate change technology and science. DOE advances economic prosperity by creating

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green jobs and increasing the Nation’s competitiveness. It cleans up the environmental legacy left by nuclear weapons and nuclear energy research programs, and works to protect national security by maintaining the nation’s nuclear deterrent and preventing nuclear proliferation.

The DOE SSPP is fundamentally based on the Department’s mission, vision, and strategic plan. It is through these synergies that DOE will meet the goals of all the applicable “greening the government” executive orders and statutes.

At the site level, the Department will build on EMS process, required by EO 13423 and already in place at its sites, to implement the goals articulated in the SSPP.

24. Environmental compliance personnel must demonstrate the ability to appraise the contractor’s program(s) and/or permits to assess compliance with environmental regulatory requirements.

a. Discuss the general process of preparing for and performing an environmental compliance audit.

The following is taken from DOE G 450.1-2.

The same principles used in the auditing arena are applicable to conducting an assessment. A number of auditing principles ensure that assessments are effective and reliable so as to support management policies and to provide data that personnel can use to improve performance. Adherence to these principles also ensures that assessment team members working independently from one another can reach relevant and consistent assessment conclusions.

The following are two key principles of auditing. Impartiality—This is the basis for maintaining objectivity of the assessment

conclusions. (Assessment team members should be independent of the activity being assessed and be free from bias and conflict of interest. Assessment team members should maintain an objective state of mind throughout the assessment process to ensure that the assessment findings and conclusions will be based only on the collected evidence.)

Evidence-based approach—This is the method for reaching reliable and reproducible assessment conclusions in a systematic assessment process.

Typically, the assessment process should proceed in stages, including preparation, communication, coordination, execution, documentation, and closure. Figure 16, ISMS/EMS assessment process flow chart, illustrates this process. The assessment team may also use existing site assessment processes to accomplish this task.

Initiating the assessment plan—The site should assemble an assessment team to develop a plan to conduct the assessment. Initially, the team should ensure that it has all the information necessary to write the plan. It can use a checklist to ensure the availability of the necessary information for the assessment plan.

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Completing the assessment plan—DOE G 450.1-21, appendix C, provides a sample assessment plan, including instructions regarding how to complete the plan. This or a similar form can help in the planning of an assessment.

Source: DOE G 450.1-2

Figure 16. ISMS/EMS assessment process flow chart

b. Discuss how to evaluate a permit application to determine its adequacy for submittal to the relevant agency.

The completion of this KSA varies with the medium with which the individual has expertise. As such it is a performance-based KSA. The Qualifying Official will evaluate its completion.

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The following information taken from DOE, Office of Health, Safety, and Security, Environmental Guidance, Resource Conservation and Recovery Act, RCRA Permitting Guide for Hazardous & Radioactive Mixed Waste Management Facilities may be helpful.

The RCRA permit application consists of two parts—part A and part B. The part A permit application is a standard form that requests general information about the facility and its operations. The RCRA part B permit application provides comprehensive information about the facility and has no standard format. Some of the required information in the part B application is common to all types of facilities (e.g., facility description, waste analysis plan, description of security procedures and equipment, general inspection schedule, etc.) while other information items are specific to the types of units included in the application. Common information items are outlined in 40 CFR 270.14, “Contents of Part B: General Requirements.” Unit-specific information requirements are located in 40 CFR 270.15 through 270.26. Table 2 summarizes the required information.

Table 2. Overview of the contents of RCRA permit applications

Source: DOE, Office of Health, Safety, and Security, Environmental Guidance, Resource Conservation and Recovery Act, RCRA Permitting Guide for Hazardous & Radioactive Mixed Waste Management Facilities.

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Mandatory Performance Activity

c. Demonstrate the ability to assess compliance with a permit. Present evidence of such an assessment performed in the past, such as audit plans, lines of inquiry, assessment notes, and a final assessment report. If this hasn’t been performed previously, perform a mock assessment that demonstrates an assessment of a contractor’s plans and procedures for implementation of a permit’s requirements.

This is a performance-based KSA. The Qualifying Official will evaluate its completion.

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Selected Bibliography and Suggested Reading

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40 CFR 61, subpart H, “National Emission Standards for Emissions of Radionuclides Other Than Radon from Department of Energy Facilities.” July 1, 2011.

40 CFR 61.14, “Monitoring Requirements.” July 1, 2011. 40 CFR 61.92, “Standards.” July 1, 2011. 40 CFR 61.93, “Emission Monitoring and Test Procedures.” July 1, 2011. 40 CFR 61.94, “Compliance and Reporting.” July 1, 2011. 40 CFR 98, “Mandatory Greenhouse Gas Reportings.” July 1, 2011. 40 CFR 112.1, “General Applicability.” July 1, 2011. 40 CFR 122, “EPA Administered Permit Programs: The National Pollutant Discharge

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July 1, 2011. 40 CFR 141, “National Primary Drinking Water Regulations.” July 1, 2011. 40 CFR 191, “Environmental Radiation Protection Standards for Management and

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40 CFR 192, “Health and Environmental Protection Standards for Uranium and Thorium Mill Tailings.” July 1, 2011.

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40 CFR 231, “Section 404(C) Procedures.” July 1, 2011. 40 CFR 257, “Criteria for Classification of Solid Waste Disposal Facilities and

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40 CFR 261.31, “Hazardous Waste from Non-Specific Sources.” July 1, 2011. 40 CFR 261.32, “Hazardous Waste from Specific Sources.” July 1, 2011. 40 CFR 261.33, “Discarded Commercial Chemical Products, Off-Specification Species,

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