This interview is part of The Role of the Regulators, an ongoing series presented by Hanford Communities. In this series, we speak with key regulatory agencies involved in the Hanford cleanup. In this installment, we hear from the Washington State Department of Ecology about their role in overseeing and enforcing cleanup efforts.
1. Can you explain the primary differences between CERCLA and RCRA in terms of their scope and objectives? How do these differences impact the management of hazardous waste at the Hanford site?
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and Resource, Conservation, and Recovery Act (RCRA) are federal laws that both have the objective of cleaning up hazardous waste releases and preventing releases of hazardous waste to the environment in order to protect the public.
RCRA entails “cradle to grave,” meaning the generation, management, disposal, and potential cleanup of hazardous waste. Thus, RCRA focuses on preventing environmental releases or cleaning up releases if they occur. Meanwhile, CERCLA focuses on cleaning up releases that have already happened.
The U.S. Environmental Protection Agency has delegated its RCRA authority to our agency. At Hanford, we implement dangerous waste regulations to ensure the safe management of dangerous waste generated when RCRA became effective. All permitted and “generator” activities at Hanford are dedicated to ongoing cleanup efforts.
CERCLA, which is EPA’s lead, authorizes two types of response actions – short-term removals and long-term remedial response actions.
Decades of weapons grade plutonium production, research, and development of the production program has left Hanford with numerous releases of hazardous waste. Both removal and remedial response actions have occurred and are planned to continue to meet cleanup standards.
2. How does the Washington State Department of Ecology coordinate its efforts with the Environmental Protection Agency (EPA) to ensure compliance with both CERCLA and RCRA regulations at Hanford?
Hanford cleanup is conducted under the legal framework of the Hanford Federal Facility Agreement and Consent Order, also known as the Tri-Party Agreement (TPA). The TPA lays out both the process and the responsibilities of the U.S. Department of Energy, EPA, and Ecology as we partner in the efforts to clean up the Hanford Site.
Our Nuclear Waste Program coordinates closely with local EPA Hanford staff that oversee the CERCLA work at Hanford. While EPA retains final authority of any CERCLA cleanup remedy, Ecology is the lead regulatory agency for some CERCLA scope under the TPA. In addition as mentioned above, EPA has authorized our state to administer and implement RCRA using state dangerous waste regulations.
We meet regularly with both EPA staff and our own Hazardous Waste and Toxics Reduction Program to ensure RCRA and state regulations are implemented at Hanford through our permits, site visits, and compliance inspections.
Our team also works closely with EPA to ensure progress is made on both short-term removal actions and long-term remedial actions under CERCLA and that each regulation set is protective short- and long-term for human health and the environment.
3. What are the specific roles and responsibilities of the Washington State Department of Ecology under CERCLA and RCRA when it comes to overseeing hazardous waste management and site cleanup at Hanford?
This work and the division of it are both outlined in the legally-binding TPA between our agency, EPA, and the U.S. Department of Energy.
Specifically, the TPA designates a lead regulatory agency and process for each project or cleanup milestone at Hanford.
We are the lead for all RCRA units at the site, while EPA is the lead on many of the CERCLA operable units, or cleanup sites. Under RCRA, we review and issue permits, provide technical assistance, and conduct site visits and compliance inspections.
As mentioned above, we are also the lead regulatory agency for various CERCLA operable units. We work closely with EPA on CERCLA decision documents such as records of decision, which EPA retains approval authority for.
4. How does the Hanford Sitewide Permit, which falls under RCRA, interact with CERCLA requirements for the Hanford Site? Are there any challenges or conflicts that arise from managing these overlapping regulatory frameworks?
The Hanford Sitewide Permit ensures the safe management of dangerous waste generated currently and after RCRA requirements became effective in 1989. Facilities and cleanup covered under RCRA are in support of CERCLA short-term removal and long-term remedial actions.
Our agency has established a RCRA-CERCLA coordination process and criteria for dangerous waste facilities that co-mingle with CERCLA cleanup sites. This criteria and process ensures appropriate dangerous waste closure requirements and CERCLA cleanup requirements are met. This coordination process is a great example of how the TPA agencies have partnered to improve our efficiency in issuance of regulatory documentation for the betterment of the cleanup.
5. Could you provide an example of a recent issue at Hanford where RCRA and CERCLA requirements had to be integrated or addressed simultaneously? How was this managed?
It’s not an example of a current issue, but we do have an example of where we have successfully coordinated the different regulatory authorities under RCRA and CERCLA. At Hanford there is a facility, the 324 Building, that has RCRA units inside the facility. The facility is located over a CERCLA soil site, or operable unit (300-296).
Ecology is responsible for issuing the RCRA permit for this facility and EPA has a final CERCLA decision including soil sampling and cleanup criteria. Closure of the facility will require soil sampling which will adopt the closure and sampling cleanup standards in EPA’s CERCLA decision documentation.
6. What strategies does the Department of Ecology use to ensure effective public involvement and transparency in the cleanup process under both CERCLA and RCRA?
Our agency, in addition to EPA and Energy, have to follow specific CERCLA and RCRA public involvement requirements. One of the biggest tools we use to follow these requirements and ensure effective public involvement is the Hanford Site Public Involvement Plan. This plan, a requirement of the TPA, serves as the overall guidance document for public participation and outreach activities at the Hanford Site.
Ecology also supports and regularly engages with the Hanford Advisory Board, which provides informed advice and recommendations to the TPA agencies on cleanup issues. We also routinely engage with the Oregon Hanford Cleanup Board, which provides input on and keeps Oregon informed about Hanford cleanup. The public is welcome to attend meetings of both boards.
While the agencies work together to ensure regulatory requirements for public involvement are met, Ecology strives to conduct meaningful public involvement and outreach beyond regulatory requirements when feasible.
Getting perspectives and input on cleanup from Tribes, the advisory boards, and impacted communities is crucial for our work. We take this feedback into consideration as part of the decisions we make as a regulator.
7. Can you elaborate on how the Department of Ecology collaborates with the EPA in developing and implementing regulatory strategies for the Hanford cleanup?
Our agencies meet frequently to coordinate cleanup strategies on a variety of areas, including different operable units, sitewide projects, reviews of records of decisions, emerging contaminants (such as PFAS), and more.
While each cleanup project occurs with a single lead regulator, both Ecology and EPA strategize with Energy together on many cross-cutting issues. Some examples of these topics include groundwater, waste disposal, and investigation strategies.
Many of our coordination effort focuses on a geographic area, such as Hanford’s River Corridor or the Central Plateau. Central Plateau cleanup is unique since there are many cleanup sites in a small area.
Groundwater for instance, is separated into four different operable units and groundwater is pumped from these units to the 200 West Pump and Treat Plant, overseen by EPA. Meanwhile, underground tank farm management is overseen by Ecology. However, tanks have contributed to commingled groundwater contamination plumes across the Central Plateau.
Much of our regulatory strategy is outlined in the TPA. We work hard to ensure we’re in regular communication with our regulatory partners at EPA to identify solutions and emerging issues when needed to continuously improve our state and federal government oversight of Hanford.
