# Statutory and Regulatory Requirements

**P.L. Hendrickson**

The Hanford Site is owned by the U.S. Government and is managed by the
U.S. Department of Energy (DOE). It is the policy of the DOE to carry
out its operations in compliance with all applicable federal, state, and
local laws and regulations, presidential executive orders, DOE
directives, and treaty rights. Environmental regulatory authority over
the Hanford Site is vested both in federal agencies, primarily the U.S.
Environmental Protection Agency (EPA), and in Washington State agencies,
primarily the Washington State Department of Ecology (Ecology) and the
Washington State Department of Health (DOH). In addition, the Benton
Clean Air Authority (BCAA) has certain regulatory authority over Hanford
activities, including open burning, asbestos removal, and fugitive dust
control. Significant environmental laws, regulations, and other
requirements are discussed in this chapter in the following order:

-   Major federal environmental laws

-   Significant applicable federal and state regulations

-   Presidential executive orders

-   DOE directives

-   Treaties, statutes, and policies relating to Indian Tribes of the
    Hanford region

-   Existing environmental permits covering activities at the Hanford
    Site.

There are a number of sources of information available concerning
statutory and regulatory requirements as they relate to the National
Environmental Policy Act (NEPA) process. Sources available over the
Internet include the following:

-   Links to Hanford NEPA documents at:
    http://www.hanford.gov/rl/?page=113&parent=0

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-   DOE's NEPA web site at: <http://www.eh.doe.gov/nepa/>

-   Council on Environmental Quality's (CEQ's) web site at:
    <http://www.whitehouse.gov/ceq/>

-   EPA's NEPA web site at: <http://epa.gov/compliance/nepa/index.html>.

The DOE Office of Environment, Safety, and Health has issued a variety
of guidance documents to aid the preparation of DOE NEPA documents. The
guidance documents are posted at
<http://www.eh.doe.gov/nepa/guidance.html>.

(The following introduction \[boxed text\] is intended to be explanatory
for persons writing the chapter of a Hanford Site environmental impact
statement \[EIS\] or environmental assessment \[EA\] covering regulatory
requirements, but is not intended to be included in the EIS or EA.) The
material following the boxed text can be adapted, as appropriate, for
use in an EIS or EA at the discretion of the authors. Additional
specificity should be added to the material to reflect the particular
circumstances and facts that are the subject of the EIS or EA. An EIS
will normally contain more detail than an EA.

+-----------------------------------------------------------------------+
| # Introduction {#introduction .unnumbered}                            |
|                                                                       |
| The CEQ regulations in the Code of Federal Regulations (CFR) at 40    |
| CFR 1500-1508 implement NEPA and set forth requirements for the       |
| preparation of environmental documentation by federal agencies that   |
| satisfy NEPA. DOE has adopted the CEQ regulations as part of its NEPA |
| implementing procedures (10 CFR 1021.103). The CEQ regulations        |
| identify the types of actions proposed by a federal agency that       |
| require preparation of an EIS, prescribe the content of an EIS, and   |
| identify actions and other environmental reviews that must or should  |
| be undertaken by the federal agency in preparing and circulating an   |
| EIS. In general, an EIS must be prepared by a federal agency for any  |
| major federal action significantly affecting the quality of the human |
| environment (40 CFR 1502.3). The regulations also state reasons why   |
| an agency may want to prepare an EA instead of an EIS (40 CFR         |
| 1508.9).                                                              |
|                                                                       |
| A specific requirement in the CEQ regulations (40 CFR 1502.25) is     |
| that the draft EIS must list "all federal permits, licenses, and      |
| other entitlements which must be obtained in implementing the         |
| proposal." If it is uncertain whether a federal permit or license is  |
| needed, the draft EIS is to so indicate. There is, however, no        |
| requirement in the CEQ regulations or in the DOE NEPA implementing    |
| procedures at 10 CFR Part 1021 that the EIS must list or discuss      |
| applicable environmental laws and regulations. Nevertheless,          |
| applicable environmental laws and regulations (federal, state, and    |
| local) have been discussed in recent Hanford Site EISs and EAs in a   |
| chapter usually captioned "Statutory and Regulatory Requirements."    |
| The discussion below assumes this chapter is chapter 6 of the EIS or  |
| EA, but another chapter number is possible.                           |
|                                                                       |
| Chapter 6 of Hanford Site EISs and EAs should include the list called |
| for by 40 CFR 1502.25(b). The list should also include significant    |
| permits that will be needed from federal, state, and local government |
| agencies. Chapter 6 should not normally include information on        |
| environmental impacts associated with any of the requirements. For    |
| example, Executive Order (E.O.) 12962 requires federal agencies to    |
| evaluate the effects of their actions on aquatic systems and          |
| recreational fisheries. Although E.O. 12962 should be mentioned in    |
| Chapter 6 in appropriate cases, the actual impacts of the             |
| alternatives on aquatic systems and recreational fisheries should be  |
| discussed in the Environmental Consequences chapter (normally Chapter |
| 5) of the EIS or EA and any recreational fisheries aspects of the     |
| affected environment should be discussed in the Affected Environment  |
| chapter (normally Chapter 4) of the EIS or EA. Chapter 6 can refer    |
| the reader to the portion of the EIS or EA where the environmental    |
| impacts associated with a particular environmental requirement are    |
| discussed.                                                            |
|                                                                       |
| A summary of prior EAs and EISs prepared for activities at the        |
| Hanford Site is in National Environmental Policy Act Source Guide for |
| the Hanford Site (Fluor Hanford 2002).                                |
|                                                                       |
| The purpose, then, of Chapter 6 in this document is to present a      |
| "reference" that can be used as the basis for the preparation of      |
| future Hanford Site EISs and EAs. The intent is to present a          |
| reasonably complete discussion of federal, state, and local           |
| environmental laws, regulations, and permit requirements that are     |
| applicable to activities at the Hanford Site. The information in this |
| chapter can then be adapted to any future Hanford Site EIS/EA by      |
| deleting irrelevant parts and by adding some specificity with respect |
| to the proposed action and the alternatives being considered.         |
|                                                                       |
| It should be noted that environmental standards and permit            |
| requirements usually appear in regulations and not in the laws        |
| themselves. Thus, more emphasis is placed on regulations and less on  |
| laws in this chapter.                                                 |
+-----------------------------------------------------------------------+

+-----------------------------------------------------------------------+
| # Federal and State E                                                 |
| nvironmental Laws {#federal-and-state-environmental-laws .unnumbered} |
|                                                                       |
| Federal law governs environmental regulation of federal facilities.   |
| Most major federal environmental laws now include provisions for      |
| regulation of federal activities that impact the environment. The     |
| activity to be regulated is usually an activity being carried out by  |
| an agency of the executive branch. The federal environmental law will |
| also typically designate a specific agency, such as EPA or the U.S.   |
| Nuclear Regulatory Commission (NRC), as the regulator. In addition,   |
| federal laws may provide for the delegation of the environmental      |
| regula­tion of federal facilities to the states or may directly        |
| authorize the environmental regulation of federal facilities by the   |
| states through waivers of sovereign immunity. At Hanford, all these   |
| situations apply in varying degrees. EPA has regulatory authority     |
| over Hanford facilities and has delegated regulatory authority to,    |
| shares regulatory authority with, or is in the process of delegating  |
| regulatory authority to the State of Washington. The State of         |
| Washington also asserts its own independent regulatory authority over |
| Hanford facilities under federal waivers of sovereign immunity and    |
| state legislation. The Washington State Department of Ecology has     |
| also delegated various air compliance responsibilities to the BCAA.   |
|                                                                       |
| As a legal matter at Hanford, applicable federal and state            |
| environmental standards must be met. As a practical matter,           |
| differences in language between federal and state laws and            |
| regulations may result in some differences in applicability and       |
| interpretation. Guidance on specific applicability should be obtained |
| from the Office of Chief Counsel of the DOE Richland Operations       |
| Office (DOE/RL) or the Office of River Protection (DOE-ORP).          |
|                                                                       |
| # Citation of                                                         |
|  Laws and Regulations {#citation-of-laws-and-regulations .unnumbered} |
|                                                                       |
| Laws and regulations may be cited both by their common name and by    |
| their location in the appropriate document. Federal laws are most     |
| often cited by their common name (e.g., Clean Water Act \[CWA\]), by  |
| their public law (Pub. L. or PL) number, or by their location in the  |
| United States Code (USC). Section numbers differ between laws as      |
| enacted and as codified in the USC, so it must be understood which is |
| being cited. Federal regulations appear in the CFR. Washington State  |
| laws are most often cited by their location in the Revised Code of    |
| Washington (RCW). Washington State regulations are cited by their     |
| location in the Washington Administrative Code (WAC). Links to the    |
| RCW and WAC are available at <http://www1.leg.wa.gov/CodeReviser/>.   |
| Announcements of proposed and final federal regulations appear in the |
| Federal Register (FR). Announcements of proposed and final Washington |
| State regulations appear in the Washington State Register.            |
|                                                                       |
| # Specific Federal Laws Cited in the CEQ Regulati                     |
| ons {#specific-federal-laws-cited-in-the-ceq-regulations .unnumbered} |
|                                                                       |
| Four federal laws are specifically cited in the CEQ regulations \[40  |
| CFR 1502.25(a) and 1504.1(b)\]:                                       |
|                                                                       |
| -   Section 309 of the Clean Air Act (CAA) (42 USC 7609)              |
|                                                                       |
| -   Fish and Wildlife Coordination Act (16 USC 661 *et seq.*)         |
|                                                                       |
| -   National Historic Preservation Act (NHPA) (16 USC 470 *et seq.*)  |
|                                                                       |
| -   Endangered Species Act (ESA) (16 USC 1531 *et seq.*).             |
+-----------------------------------------------------------------------+

+-----------------------------------------------------------------------+
| Section 309 of the CAA directs EPA to review and comment in writing   |
| on the environmental impacts of any matter relating to EPA's          |
| authority contained in proposed legislation, federal construction     |
| projects, other federal actions requiring EISs, and new regulations.  |
| In addition to commenting on EISs, EPA rates every draft EIS prepared |
| by a federal agency under its Section 309 authority. Ratings are made |
| for the environmental impact of the proposed action and the adequacy  |
| of the impact statement. Rating categories for environmental impact   |
| are: LO - lack of objections, EC - environmental concerns, EO -       |
| environmental objections, and EU - environmentally unsatisfactory.    |
| Rating categories for adequacy are: Category 1 - adequate, Category   |
| 2 - insufficient information, and Category 3 - inadequate. A summary  |
| of EPA rating definitions is available at:                            |
| <http://www.epa.gov/compliance/nepa/comments/ratings.html>. Responses |
| to EPA's comments on a draft EIS are included in the final EIS.       |
|                                                                       |
| The CEQ regulations (40 CFR 1502.25\[a\]) direct federal agencies to  |
| prepare draft EISs concurrently with and integrated with              |
| environmental impact analyses and related surveys required by the     |
| Fish and Wildlife Coordination Act, the NHPA, the ESA, and other      |
| environmental review laws and executive orders. The three preceding   |
| statutes should be cited in Chapter 6 of a draft EIS. Environmental   |
| impacts associated with the laws should be discussed in Chapter 5.    |
+-----------------------------------------------------------------------+

##  Federal Environmental Laws {#federal-environmental-laws .Style2}

Significant federal environmental laws potentially applicable to the
Hanford Site include the following:

-   Antiquities Act (16 USC 431 *et seq.*)

-   American Indian Religious Freedom Act (42 USC 1996)

-   Archaeological and Historic Preservation Act (16 USC 469 *et seq.*)

-   Archaeological Resources Protection Act (ARPA) (16 USC 470aa *et
    seq.*)

-   Bald and Golden Eagle Protection Act (16 USC 668 *et seq.*)

-   Clean Air Act (CAA) (42 USC 7401 *et seq.*)

-   Clean Water Act (CWA) (33 USC 1251 *et seq.*) (The CWA is also known
    as the Federal Water Pollution Control Act)

-   Comprehensive Environmental Response, Compensation, and Liability
    Act (CERCLA) as amended by the Superfund Amendments and
    Reauthorization Act (SARA) (42 USC 9601 *et seq.*)

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-   Emergency Planning and Community Right-to-Know Act (EPCRA) (42 USC
    11001 *et seq.*)

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-   Endangered Species Act (16 USC 1531 *et seq.*)

-   Farmland Protection Policy Act of 1981 (7 USC 4201 *et seq.*)

-   Fish and Wildlife Coordination Act (16 USC 661 *et seq.*)

-   Hanford Reach Study Act (PL 100-605), as amended by PL 104-333

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-   Hazardous Materials Transportation Act (49 USC 5101 *et seq.*)

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-   Migratory Bird Treaty Act (16 USC 703 *et seq.*)

-   National Historic Preservation Act (NHPA) (16 USC 470 *et seq.*)

-   Native American Graves Protection and Repatriation Act (25 USC 3001
    *et seq.*)

-   National Environmental Policy Act (NEPA) (42 USC 4321 *et seq.*)

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-   Noise Control Act (42 USC 4901 *et seq.*)

-   Pollution Prevention Act (42 USC 13101 *et seq.*)

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-   Resource Conservation and Recovery Act (RCRA) of 1976 as amended by
    the Hazardous and Solid Waste Amendments (42 USC 6901 *et seq.*) of
    1984

-   Safe Drinking Water Act (SDWA) (42 USC 300f *et seq.*)

-   Toxic Substances Control Act (TSCA) (15 USC 2601 *et seq.*).

In addition, the Atomic Energy Act (AEA) (42 USC 2011 *et seq.*), the
Low-Level Radioactive Waste Policy Act (LLWPA) (42 USC 2021b *et seq.*),
and the Nuclear Waste Policy Act (NWPA) (42 USC 10101 *et seq.*), while
not environmental laws per se, contain provisions under which
environmental regulations applicable to the Hanford Site may be or have
been promulgated. Brief descriptions of most of the preceding statutes
are in Section 6.1 of the *Hanford Solid (Radioactive and Hazardous)
Waste Program Environmental Impact Statement* (DOE 2004a).

##  Federal and State Environmental Regulations {#federal-and-state-environmental-regulations .Style2}

Under the Supremacy Clause of the U.S. Constitution (Article VI, Clause
2), activities of the federal government are ordinarily not subject to
regulation by the states unless Congress creates specific exceptions.
Congress has created exceptions with respect to environmental regulation
and provisions in several federal laws giving specific authority to the
states to regulate federal activities affecting the environment. These
waivers (or partial waivers) of sovereign immunity appear in Section 118
of the CAA, Section 313 of the CWA, Section 1447 of the SDWA, Section
6001 of RCRA, and Section 120 of CERCLA/SARA. The Federal Facilities
Compliance Act is an amendment to RCRA that makes the RCRA waiver of
sovereign immunity more explicit. Many Washington State programs, with
respect to the environmental regulation of Hanford Site facilities under
the preceding statutes, are coordinated with the U.S. Environmental
Protection Agency (EPA) Region 10 office.

Federal and state environmental regulations that may apply to operations
at the Hanford Site have been promulgated under the CAA, CWA, SDWA,
RCRA, CERCLA, SARA, AEA, LLWPA, NWPA, under other federal statutes, and
under relevant state statutes.

Several of the more important existing federal and state environmental
regulations are discussed briefly below. These regulations are grouped
according to environmental media.

### 6.2.1 Air Quality {#air-quality .Style6}

The federal Clean Air Act and the Washington Clean Air Act (Revised Code
of Washington \[RCW\] 70.94) provide the statutory basis for air quality
regulation of Hanford Site activities. The federal CAA establishes a
floor or minimum level of requirements. State requirements can exceed,
i.e., be more stringent than, federal requirements.

-   40 Code of Federal Regulations (CFR) 50, "National Primary and
    Secondary Ambient Air Quality Standards." EPA regulations in 40 CFR
    50 set national ambient air quality standards for sulfur oxides,
    particulate matter, carbon monoxide, ozone, nitrogen dioxide, and
    lead. The standards are not directly enforceable, but other
    enforceable regulations are based on the standards. Washington's
    ambient air standards are at Washington Administrative Code (WAC)
    173-470 through 173-481 and include standards for radionuclides and
    fluorides. The Hanford Site is within an area that is in attainment
    with or is unclassifiable for all national ambient air quality
    standards (40 CFR 81.348).

-   40 CFR 51-52, State Implementation Plans (SIPs). EPA regulations in
    40 CFR 51-52 establish the requirements for SIPs and record the
    approved plans. The SIPs are directed at the control of emissions
    for which federal ambient air standards exist. Information on the
    Washington SIP is available at:
    <http://yosemite.epa.gov/r10/airpage.nsf/webpage/SIP+-+WA+Table+of+Contents?OpenDocument>.

-   40 CFR 60, "Standards of Performance for New Stationary Sources."
    EPA regulations in 40 CFR 60 provide standards for the control of
    the emission of pollutants to the atmosphere. Construction or
    modification of an emissions source in an attainment area such as
    Hanford can require a prevention of significant deterioration (PSD)
    of air quality permit under 40 CFR 52.21 and WAC 173‑400-141.

-   40 CFR 61, "National Emission Standards for Hazardous Air
    Pollutants" (NESHAP); 40 CFR 63, "National Emission Standards for
    Hazardous Air Pollutants for Source Categories." EPA hazardous
    emission standards in 40 CFR 61 provide for the control of the
    emission of hazardous pollutants to the atmosphere. Standards in 40
    CFR 61 Subpart H apply specifically to the emission of radionuclides
    from DOE facilities. Emissions of radionuclides (other than
    radon-220 and radon-222) to the ambient air from DOE facilities are
    not to exceed those amounts that would cause any member of the
    public to receive in any year an effective dose equivalent of 10
    mrem/yr (0.1 mSv/yr) (40 CFR 61.92). Standards in 40 CFR 61 Subpart
    Q apply to the emission of radon from DOE facilities. No source at a
    DOE facility is to emit more than 20 picocuries per square meter per
    second (pCi/(m^2^-s)) (1.9 pCi/(ft^2^-s)) of radon-222 as an average
    for the entire source into the air (40 CFR 61.192). Approval to
    construct a new facility or to modify an existing one may be
    required under 40 CFR 61.07. Emission standards for sources of
    hazardous air pollutants designated in the 1990 CAA amendments
    appear at 40 CFR 63.

-   40 CFR 70, "State Operating Permit Programs." These regulations
    provide for the establishment of comprehensive state air quality
    permitting programs. All major sources of air pollutants including
    hazardous air pollutants are covered. Washington's operating permit
    regulations appear at WAC 173-401.

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-   40 CFR 93 Subpart B, "Determining Conformity of General Federal
    Actions to State or Federal Implementation Plans." The general
    conformity requirements require that actions of federal agencies are
    to comply with state implementation plans designed to achieve
    national ambient air quality standards.

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-   WAC 173-400 through 173-495, Washington State Air Pollution Control
    Regulations. Ecology air pollution control regulations, promulgated
    under the Washington CAA appear in WAC 173-400 through 173-495 and
    are available at <http://www.ecy.wa.gov/laws-rules/ecywac.html#air>.
    These regulations include emission standards, ambient air quality
    standards, and the standards in WAC 173-460, "Controls for New
    Sources of Toxic Air Pollutants." The State of Washington has
    delegated much of its authority under the Washington CAA to the
    BCAA. However, except for certain air pollution sources (e.g.,
    asbestos removal, fugitive dust, and open burning) administered by
    the BCAA, Ecology continues to administer air pollution control
    requirements for the Hanford Site.

-   WAC 246-247, "Radiation Protection\--Air Emissions." Washington DOH
    regulations in WAC 246-247 contain standards and permit requirements
    for the emission of radionuclides to the atmosphere.

-   Regulation 1 of the Benton Clean Air Authority can be accessed at:
    <http://www.bcaa.net/RegPol.htm>.

### 6.2.2 Water Quality {#water-quality .Style6}

The CWA and the Washington Water Pollution Control Act provide the
statutory basis for the regulation of water quality in Washington State.
The CWA established the National Pollutant Discharge Elimination System
(NPDES) to limit the amount of pollutants that could be discharged.

-   40 CFR 121, "State Certification of Activities Requiring a Federal
    License or Permit." These regulations provide for state
    certification that any activity requiring a federal water permit,
    i.e., a NPDES permit or a discharge of dredged or fill material
    permit, will not violate state water quality standards.

-   40 CFR 122, "EPA Administered Permit Programs: The National
    Pollutant Discharge Elimination System." EPA regulations in 40 CFR
    122 (and also in 40 CFR 125 and 129) apply to the discharge of
    pollutants from any point source into waters of the United States.
    These regulations also apply to the discharge of storm waters (40
    CFR 122.26) and the discharge of runoff waters from construction
    areas over 0.02 km^2^ (0.008 mi^2^) in size into waters of the
    United States. NPDES permits may be required by 40 CFR 122. EPA has
    not delegated to the State of Washington the authority to issue
    NPDES permits at the Hanford Site.

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-   40 CFR 141, "National Primary Drinking Water Regulations." EPA
    drinking water standards in 40 CFR 141 apply to Columbia River water
    at community water supply intakes downstream of the Hanford Site.
    Standards in 40 CFR 141.16 apply indirectly to releases of
    radionuclides from DOE facilities (and also non-DOE facilities) to
    the extent that the releases impact community water systems. The
    average annual concentration of beta particle and photon
    radioactivity from man-made radionuclides in drinking water are not
    to produce an annual dose equivalent to the body or any internal
    organ greater than 4 mrem (0.04 mSv) in a year. Maximum contaminant
    levels in community water systems of 5 pCi/L (0.18 Bq/L) of combined
    radium-226 and radium-228; 15 pCi/L (0.56 Bq/L) of gross alpha
    particle activity, including radium-226 but excluding radon and
    uranium; and 30 µg/L for uranium are specified in 40 CFR 141.66. The
    average annual concentration of beta particle and photon
    radioactivity from man-made radionuclides in drinking water must not
    produce an annual dose equivalent to the total body or any internal
    organ greater than 4 mrem/yr (0.04 mSv/yr) \[40 CFR 141.66(d)\].

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-   40 CFR 144-147, Underground Injection Control Program. EPA
    regulations in 40 CFR 144-147 apply to the underground injection of
    liquids and wastes and may require a permit for any underground
    injection. In Washington State, EPA has approved Ecology regulations
    in WAC 173-218, "Underground Injection Control Program," to operate
    in lieu of the EPA program. The Ecology regulations provide
    standards and permit requirements for the disposal of fluids by well
    injection.

-   10 CFR 1022, "Compliance with Floodplain/Wetlands Environmental
    Review Requirements." DOE regulations in 10 CFR 1022 implement
    Executive Orders 11988 and 11990 and apply to DOE activities that
    are proposed to take place either in wetlands or in floodplains.

-   33 CFR 322-323, 40 CFR 230-233. Construction or placement of
    structures in the Columbia River and work in the Columbia River, as
    well as the discharge of dredged or fill material into the Columbia
    River, require permits under these U.S. Army Corps of Engineers and
    EPA regulations.

-   WAC 173-160. Under WAC 173-160, DOE provides notification to Ecology
    for water-well drilling on the Hanford Site.

-   WAC 173-216, "State Waste Discharge Permit Program." Ecology
    regulations in WAC 173-216 establish a state permit program for the
    discharge of waste materials from industrial, commercial, and
    municipal operations into ground and surface waters of the state.
    Discharges covered by NPDES or WAC 173-218 permits are excluded from
    the WAC 173-216 program. DOE has agreed to meet the requirements of
    this program at the Hanford Site for discharges of liquids to the
    ground.

-   WAC 332-30, "Aquatic Land Management." Where applicable, DOE will
    obtain an aquatic land use lease or permit from the Washington
    Department of Natural Resources for the placement of structures in
    the Columbia River on lands owned by the State of Washington. The
    U.S. Government owns most of the riverbed along the Hanford Site to
    the line of navigation.

-   WAC 246-272-08001 and 246-272-09001. These regulations, administered
    by the Washington DOH, contain permit requirements for onsite sewage
    systems.

-   WAC 246-290. These regulations, administered by the Washington DOH,
    contain requirements applicable to water systems providing piped
    water for human consumption.

### 6.2.3 Hazardous Waste Management {#hazardous-waste-management .Style6}

Regulation of hazardous wastes at Hanford is conducted under RCRA,
CERCLA, the Tri-Party Agreement (Ecology et al. 1989), and the
Washington State Hazardous Waste Management Act.

-   40 CFR 300, "National Oil and Hazardous Substances Pollution
    Contingency Plan." EPA CERCLA regulations in 40 CFR 300 apply to the
    cleanup of inactive hazardous waste disposal sites, the cleanup of
    hazardous substances released into the environment, the reporting of
    hazardous substances released into the environment, and natural
    resource damage assessments. Four areas of the Hanford Site (100,
    200, 300, and 1100) were listed on the EPA's National Priorities
    List (NPL) in November 1989. The 1100 Area was subsequently
    delisted. Placement on the list requires DOE, in consultation with
    EPA and Washington State, to conduct remedial investigations and
    feasibility studies leading to a Record of Decision (ROD) on the
    cleanup of inactive waste disposal sites at Hanford. Standards for
    cleanup under CERCLA are "applicable or relevant and appropriate
    requirements" (ARARs), which may include both federal and state laws
    and regulations. In anticipation of Hanford's being placed on the
    NPL, DOE, EPA, and Ecology signed the Hanford Federal Facility
    Agreement and Consent Order (Tri-Party Agreement) on May 15, 1989.
    This agreement describes the cleanup responsibilities and
    authorities of the three parties under CERCLA (and RCRA), and also
    provides for permitting of the treatment, storage, and disposal of
    hazardous wastes under RCRA. The Tri-Party Agreement has been
    amended a number of times
    (<http://www.hanford.gov/tpa/tpahome.htm>).

-   40 CFR 260-268 and 270-272, Hazardous Waste Management. EPA RCRA
    regulations in 40 CFR 260-268 and 270-272 apply to the generation,
    transport, treatment, storage, and disposal of hazardous wastes (but
    not to source, by-product, or special nuclear material \[i.e., not
    in general to radioactive wastes\]), and apply to the hazardous
    component of hazardous radioactive mixed wastes (but not to the
    radioactive component) owned by DOE. RCRA regulations (40 CFR 268)
    require treatment of many hazardous wastes before they can be
    disposed of in landfills (land disposal restrictions). RCRA permits
    are required for the treatment, storage, or disposal of hazardous
    wastes. The regulations also require cleanup (corrective action) of
    any RCRA facility from which there is an unauthorized release before
    a RCRA permit is granted. Ecology has been authorized by EPA to
    administer the RCRA program within Washington. Ecology has oversight
    authority for RCRA corrective actions at Hanford under the Tri-Party
    Agreement.

-   40 CFR 280-281, Underground Storage Tanks. EPA has regulations in 40
    CFR 280-281 issued under RCRA Subtitle IX that apply to new and
    existing underground storage tanks containing petroleum or
    substances regulated under CERCLA (except for hazardous wastes
    regulated under RCRA). New tanks must meet strict design and
    operating standards. Owners of new tanks must notify the applicable
    regulatory agency and certify compliance with the regulations. The
    regulations require the reporting, investigation, and cleanup of
    releases from underground tanks. EPA has authorized Washington State
    to administer the underground storage tank program. Washington's
    requirements are in RCW 90.76 and WAC 173-360.

-   WAC 173-303, "Dangerous Waste Regulations." EPA has authorized the
    State of Washington through Ecology to conduct its own dangerous
    waste regulation program in lieu of major portions of the RCRA
    interim and final permit program for the treatment, storage, and
    disposal of hazardous wastes. Ecology is also authorized to conduct
    its own program for the hazardous portion of radioactive - mixed
    wastes. The state regulations include both standards and permit
    requirements, as well as a larger universe of covered materials than
    the federal hazardous waste program.

### 6.2.4 Species Protection {#species-protection .Style6}

-   50 CFR 10-24, 222, 402, and 450-453, Species Protection Regulations.
    Regulations under the Endangered Species Act, the Bald and Golden
    Eagle Protection Act, and the Migratory Bird Treaty Act in 50 CFR
    10-24 apply to the protection of plant and animal species on the
    Hanford Site. Regulations in 50 CFR 17, 81, 222, 223, 402, and
    450-453 apply to endangered or threatened species. Section 7 of the
    Endangered Species Act (16 USC 1536) requires that federal
    agencies 1) utilize their authority in furtherance of the purposes
    of the Act by carrying out programs for the conservation of listed
    endangered and threatened species, and 2) consult with appropriate
    federal agencies to ensure that any action carried out is not likely
    to jeopardize the continued existence of any endangered or
    threatened species or result in the destruction or adverse
    modification of critical habitat for such species. The Fish and
    Wildlife Coordination Act \[16 USC 662(a, h)\] requires that a
    federal agency consult with the U.S. Fish and Wildlife Service and
    the state agency exercising administration over wildlife if any body
    of water over 0.04 km^2^ (0.016 mi^2^) in size is to be modified by
    a federal agency, or a licensee or permitee of the agency, for any
    purpose. The purpose of this consultation is to prevent loss and
    damage to wildlife resources.

###  Historic and Cultural Resource Preservation {#historic-and-cultural-resource-preservation .Style6}

The DOE policy on management of cultural resources (DOE 2001a) provides
that:

> DOE will uphold \[the NHPA, the Archaeological Resources Protection
> Act, and the Native American Graves Protection and Repatriation Act\]
> by preserving, protecting, and perpetuating cultural resources for
> future generations in a spirit of stewardship to the extent feasible
> given the agency's mission and mandates. To do this, DOE will
> implement management accountability for compliance with federal
> statutes, executive orders, treaties, DOE orders, and implementation
> guidance. The Department also ensures that DOE contractors are
> obligated to implement DOE programs and projects in a manner that is
> consistent with this Policy and that reflects this commitment in site
> management contracts.

The background statement in "Management of Cultural Resources at
Department of Energy Facilities" (DOE 2001b) further states that:

> DOE recognizes the cultural and scientific value of the resources that
> may exist on the properties under its management or over which it has
> direct or indirect control. Therefore, DOE has implemented a program
> to protect these resources and ensure that all DOE facilities and
> programs comply with all existing cultural resource executive orders,
> laws, and regulations.

The DOE management document (DOE 2001b) defines cultural resources to
include "historic properties" as defined in the NHPA, "archaeological
resources" as defined in the Archaeological Resources Protection Act of
1979 (16 USC 470aa), and "cultural items" as defined in the Native
American Graves Protection and Repatriation Act.

The NHPA authorizes the Secretary of the Interior to maintain a National
Register of Historic Places (16 USC 470a\[a\]\[1\]). Federal agencies
are to consider the effect of their actions on properties included in or
eligible for inclusion in the Register and afford the Advisory Council
on Historic Preservation a reasonable opportunity to comment on such
actions (16 USC 470f).

The Archaeological Resources Protection Act of 1979 prohibits the
excavation of material remains of past human life that have
archaeological interest and are at least 100 years old without a permit
from the appropriate federal land manager or an exemption (16 USC 470bb,
470ee).

The Native American Graves Protection and Repatriation Act prohibits the
intentional excavation or removal of human remains or cultural items
without a written permit, and prescribes protective measures and
repatriative actions to be taken in the event that human remains or
cultural items are discovered inadvertently (25 USC 3001 *et seq.*).

Additional information is available by contacting the Department of
Energy, Richland Operations Office, Hanford Cultural and Historic
Resources Program or by accessing the Hanford website at
<http://www.hanford.gov/doe/history/>.

### 6.2.6 Land Use {#land-use .Style6}

The Hanford Reach National Monument was created on June 9, 2000, by a
proclamation (65 FR 37253) signed by President Clinton under the
authority of the Antiquities Act. The Monument includes 792.6 km^2^
(306 mi^2^) of federally owned land making up a portion of the Hanford
Site. The principal components of the Monument are:

-   the Fitzner-Eberhardt Arid Lands Ecology Reserve Unit,

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-   the McGee Ranch and Riverlands Unit,

-   the Saddle Mountain National Wildlife Refuge Unit,

-   the quarter-mile study strip along the south and west sides of the
    Columbia River corridor as designated by the Hanford Reach Study Act
    (Hanford Reach Study Act \[1988\] as amended by Public Law 104-333),

-   the federally owned islands within the portion of the Columbia River
    included in the Monument,

-   and the Hanford Sand Dune Field Unit.

The U.S. Fish and Wildlife Service (USFWS) manages approximately 67,000
ha (166,000 ac) of Monument lands that are within the Fitzner-Eberhardt
Arid Lands Ecology Reserve Unit and the Wahluke Slope (Wahluke Unit and
Saddle Mountain Unit) under permit from DOE. DOE manages the remainder
of the Monument. The June 9, 2000, proclamation does not affect the
responsibilities and authority of DOE on Hanford Site lands nor does it
affect DOE activities on lands not included within the Monument
boundaries. In a separate memorandum to the Secretary of Energy, DOE was
directed by President Clinton to protect the natural values of the
Hanford Site land not included within the Monument (Clinton 2000). DOE
and USFWS signed a Memorandum of Understanding on June 14, 2001,
covering management responsibilities for the Monument. USFWS issued a
Notice of Intent to prepare a comprehensive conservation plan and
associated EIS for the Monument in June 2002 (67 FR 40333).

In September 1999, DOE issued the Final Hanford Comprehensive Land-Use
Plan Environmental Impact Statement (DOE 1999). The ROD issued in
November 1999 (64 FR 61615) states that the purpose of the land-use plan
and its implementing policies is to facilitate decision making about the
Hanford Site\'s uses and facilities over at least the next 50 years. The
ROD adopts the Preferred Alternative land-use maps, designations,
policies, and implementing procedures as described in the 1999 EIS and
designates the Central Plateau (200 Areas) for Industrial-Exclusive use.
In November 1999, USFWS signed a Record of Decision documenting USFWS\'s
adoption of the DOE\'s Final Comprehensive Land Use Plan.

### 6.2.7 Other {#other .Style6}

-   40 CFR 191, "Environmental Radiation Protection Standards for
    Management and Disposal of Spent Nuclear Fuel, High-Level and
    Transuranic Radioactive Wastes." EPA regulations in 40 CFR 191
    provide environmental standards for the management, storage, and
    disposal of spent nuclear fuel, high-level radioactive wastes, and
    transuranic radioactive wastes at high-level or transuranic waste
    disposal sites.

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-   40 CFR 355, 370, and 372. These regulations implement the federal
    Emergency Planning and Community Right-to-Know Act (EPCRA). EPCRA
    was signed into law in October 1986 as part of the Superfund
    Amendments and Reauthorization Act.

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-   40 CFR 700-799, TSCA Regulations. EPA's regulations in 40 CFR
    700-799 implement TSCA and, in particular, regulate polychlorinated
    biphenyls (PCBs) and dioxins and partially regulate asbestos.

-   40 CFR 1500-1508, Council on Environmental Quality. The CEQ
    regulations in 40 CFR 1500 to 1508 implement NEPA.

-   10 CFR 830, "Nuclear Safety Management." Part 830 contains nuclear
    safety management requirements applicable to DOE contractors.

-   10 CFR 835, "Occupational Radiation Protection." These DOE rules
    establish radiation protection standards, limits, and program
    requirements for protecting individuals from ionizing radiation
    resulting from DOE activities.

-   10 CFR 1021, "National Environmental Policy Act Implementing
    Procedures." DOE regulations in 10 CFR 1021 set out procedures that
    DOE uses to comply with section 102(2) of NEPA and the CEQ
    regulations for implementing the procedural provisions of NEPA (40
    CFR parts 1500-1508). The DOE regulations supplement, and are to be
    used in conjunction with, the CEQ regulations.

-   49 CFR 171-179, Hazardous Materials Regulations. These Department of
    Transportation regulations apply to the handling, packaging,
    labeling, and shipment of hazardous materials offsite, including
    radioactive materials and wastes.

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-   WAC 173-60, "Maximum Environmental Noise Levels." These regulations
    contain maximum permissible environmental noise levels in
    Washington. Additionally, the Occupational Safety and Health
    Administration has regulations covering noise exposure of
    occupational workers at 29 CFR 1910.95.

##  Executive Orders  {#executive-orders .Style2}

DOE is subject to a number of presidential executive orders (E.O.s)
concerning environmental matters. Some of these orders may be
appropriately considered in a Hanford EIS or EA. Potentially relevant
E.O.s include:

E.O. 11514 Protection and Enhancement of Environmental Quality

E.O. 11593 Protection and Enhancement of the Cultural Environment

E.O. 11738 Providing for Administration of the Clean Air Act and the
Federal Water Pollution Control Act with Respect to Federal Contracts,
Grants, or Loans

E.O. 11988 Floodplain Management

E.O. 11990 Protection of Wetlands

E.O. 12088 Federal Compliance with Pollution Control Standards

E.O. 12114 Environmental Effects Abroad of Major Federal Actions

E.O. 12196 Occupational Safety and Health Programs for Federal Employees

E.O. 12580 Superfund Implementation

E.O. 12898 Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations

E.O. 12962 Recreational Fisheries

E.O. 13007 Indian Sacred Sites

E.O. 13045 Protection of Children from Environmental Health Risks and
Safety Risks (as amended by E.O. 13296)

E.O. 13101 Greening the Government through Waste Prevention, Recycling,
and Federal Acquisition

E.O. 13112 Invasive Species

E.O. 13123 Greening the Government through Energy Efficient Management

E.O. 13134 Developing and Promoting Biobased Products and Bioenergy

E.O. 13148 Greening the Government through Leadership in Environmental
Management

E.O. 13149 Greening the Government through Federal Fleet and
Transportation Efficiency

E.O. 13150 Federal Workforce Transportation

E.O. 13175 Consultation and Coordination with Indian Tribal Governments

E.O. 13186 Responsibilities of Federal Agencies to Protect Migratory
Birds

E.O. 13195 Trails for America in the 21^st^ Century

E.O. 13287 Preserve America

##  DOE Directives {#doe-directives .Style2}

Categories of DOE directives include orders, policy statements,
standards, notices, manuals, and contractor requirements documents.

DOE directives can be accessed at: <http://www.directives.doe.gov/>.

Directives with particular application to DOE's environmental activities
are found in the 400 series of the new series directives and the 5000
series (particularly the 5400 and 5800 series) under the old series
directives.

Topics covered in DOE directives include environmental protection,
safety, and health protection standards; hazardous and radioactive-mixed
waste management; cleanup of retired facilities; safety requirements for
the packaging and transportation of hazardous materials; safety of
nuclear facilities; radiation protection; and other standards for the
safety and protection of workers and the public. Regulations and
standards of other federal agencies and standard setting entities are
incorporated by reference into some DOE directives.

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##  Treaties, Statutes, and Policies Relating to Indian Tribes of the Hanford Region {#treaties-statutes-and-policies-relating-to-indian-tribes-of-the-hanford-region .Style2}

DOE's relationship with American Indians is based on treaties, statutes,
executive orders, and DOE policy statements. Representatives of the
United States negotiated treaties with leaders of various Columbia
Plateau American Tribes and Bands in June 1855 at Camp Stevens in the
Walla Walla Valley. The negotiations resulted in three treaties, one
with the 14 tribes and bands of the group that would become the
Confederated Tribes and Bands of the Yakama Nation, one with the three
tribes that would become the Confederated Tribes of the Umatilla
Reservation, and one with the Nez Perce Tribe of Idaho. The U.S. Senate
ratified the treaties in 1859. The three treaties are included in
Appendix A of the *Final Hanford Comprehensive Land-Use Plan EIS* (DOE
1999). The negotiated treaties are as follows:

1.  Treaty with the Walla Walla, Cayuse, etc. (June 9, 1855; 12 Stats.
    945)

2.  Treaty with the Yakama (June 9, 1855; 12 Stats. 951)

3.  Treaty with the Nez Perce (June 11, 1855; 12 Stats. 957).

The Confederated Tribes and Bands of the Yakama Nation, Washington; the
Confederated Tribes of the Umatilla Reservation, Oregon; and the Nez
Perce Tribe of Idaho are federally recognized tribes that are eligible
for funding and services from the U.S. Bureau of Indian Affairs by
virtue of their status as Indian tribes (68 FR 68180, December 5, 2003).

The terms of the three preceding treaties are similar. Each of the three
tribal organizations agreed to cede large blocks of land to the United
States. The Hanford Site is within the ceded lands of the Confederated
Tribes and Bands of the Yakama Nation and the Confederated Tribes of the
Umatilla Reservation. The treaties reserved to the Tribes certain lands
for their exclusive use (the three reservations). The treaties also
secured to the Tribes certain rights and privileges to continue
traditional activities outside the reservations. These included 1) the
right to fish at usual and accustomed places in common with citizens of
the United States, and 2) the privileges of hunting, gathering roots and
berries, and pasturing horses and cattle on open and unclaimed lands.

The *U.S. Department of Energy American Indian and Alaska Native Tribal
Government Policy* (DOE 2000) states, in part, that DOE

-   Recognizes the federal trust relationship with American Indians and
    Alaska Native Nations and will fulfill its trust responsibilities to
    them

-   Recognizes and commits to a government-to-government relationship
    and will institute appropriate protocols and procedures for program
    and policy implementation

-   Complies with applicable federal cultural resource protection and
    other laws and executive orders will assist in preservation and
    protection of historic and cultural sites and traditional religious
    practices.

DOE also has an Information Brief covering consultation with Native
Americans (DOE 2004b).

The American Indian Religious Freedom Act (42 USC 1996) establishes that
U.S. policy is to protect and preserve for American Indians their
inherent rights of freedom to believe, express, and exercise their
traditional religions, including access to sites, use and possession of
sacred objects, and the freedom to worship through ceremonies and
traditional rites.

The Native American Graves Protection and Repatriation Act establishes
the right of lineal descendants, Indian Tribes, and Native Hawaiian
organizations to certain Native American human remains, funerary
objects, sacred objects, or objects of cultural patrimony discovered on
federal lands after November 16, 1990 (25 USC 3002). When discovered
during an activity on federal lands, the activity is to cease and
appropriate tribal governments are to be notified. Work on the activity
may resume, if the activity is otherwise lawful, 30 days after the
receipt of certification that tribal governments have received the
notice.

Executive Order 13007 "Indian Sacred Sites," (61 FR 26771, May 29, 1996)
directs federal agencies, to the extent practicable, permitted by law,
and not clearly inconsistent with essential agency functions, to 1)
accommodate access to and ceremonial use of American Indian sacred sites
by their religious practitioners, and 2) avoid adversely affecting the
physical integrity of such sacred sites. Where appropriate, agencies are
to maintain the confidentiality of sacred sites.

DOE/RL interacts and consults regularly and directly with the three
federally recognized tribes affected by Hanford operations; that is, the
Nez Perce Tribe of Idaho; the Confederated Tribes of the Umatilla
Reservation, Oregon; and the Confederated Tribes and Bands of the Yakama
Nation, Washington. In addition, the Wanapum, who still live adjacent to
the Hanford Site, are a non-federally recognized tribe that has strong
cultural ties to the Site. The Hanford area was also used by groups
whose descendants are now enrolled members of the Confederated Tribes of
the Colville Reservation. The Wanapum and the Confederated Tribes of the
Colville Reservation are also consulted on cultural resource issues in
accordance with DOE policy and relevant legislation.

##  Permits {#permits .Style2}

Information on the status of environmental permits at Hanford is
included in the *Annual Hanford Site Environmental Permitting Status
Report* (DOE 2004). The report includes information on environmental
permitting under RCRA; TSCA; CAA; CWA; the State Waste Discharge,
Hydraulic Permit, and Underground Injection Control Programs; the Onsite
Sewage System Program; and the Petroleum Underground Storage Tank
Program.

The Hanford Site RCRA permit is in two portions, one portion issued by
EPA Region 10 and the other portion issued by Ecology. The EPA portion
of the RCRA permit covers the Hazardous and Solid Waste Amendments
portion of the RCRA permit (EPA 1994). The Ecology portion of the
Hanford Site RCRA permit covers compliance with Ecology's dangerous
waste regulations (Ecology 2001a). The Ecology portion of the permit
includes standard conditions, general facility conditions, and specific
conditions for individual operating Treatment, Storage, and/or Disposal
(TSD) units, TSD units undergoing corrective action, and TSD units
undergoing closure.

Clean Air Act compliance requires both facility and sitewide compliance.
The *Annual Hanford Site Environmental Permitting Status Report* (DOE
2004) identifies existing facility-specific and sitewide CAA compliance
activities. The air operating permit for the Hanford Site issued by
Ecology became effective in July 2001 (Ecology 2001b).

The Hanford Site National Pollutant Discharge Elimination System Permit
(WA-002591-7) governs liquid process effluent discharges to the Columbia
River (DOE 2004).

DOE has asserted a federally reserved water withdrawal right with
respect to its Hanford operations. Current Hanford activities use water
withdrawn under the DOE's federally reserved water rights.

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References

10 CFR 830. "Nuclear Safety Management." U.S. Code of Federal
Regulations. Available URL: <http://www.gpoaccess.gov/cfr/index.html>.

10 CFR 835. "Occupational Radiation Protection." U.S. Code of Federal
Regulations. Available URL: <http://www.gpoaccess.gov/cfr/index.html>.

10 CFR 1021. "DOE National Environmental Policy Act Implementing
Procedures." U.S. Code of Federal Regulations. Available URL:
<http://www.gpoaccess.gov/cfr/index.html>.

10 CFR 1022. "Compliance with Floodplain/Wetlands Environmental Review
Requirements." U.S. Code of Federal Regulations. Available URL:
<http://www.access.gpo.gov/nara/cfr/index.html>.

29 CFR 1910. "Occupational Safety and Health Standards." U.S. Code of
Federal Regulations. Available URL:
<http://www.gpoaccess.gov/cfr/index.html>.

33 CFR 322. "Permits for Structures or Work in or Affecting Navigable
Waters of the United States." U.S. Code of Federal Regulations.
Available URL: <http://www.access.gpo.gov/nara/cfr/index.html>.

33 CFR 323. "Permits for Discharges of Dredged or Fill Material Into
Waters of the United States." U.S. Code of Federal Regulations.
Available URL: <http://www.access.gpo.gov/nara/cfr/index.html>.

40 CFR 50. "National Primary and Secondary Ambient Air Quality
Standards." U.S. Code of Federal Regulations. Available URL:
<http://www.gpoaccess.gov/cfr/index.html>.

40 CFR 51. "Requirements for Preparation, Adoption, and Submittal of
Implementation Plans." U.S. Code of Federal Regulations. Available URL:
<http://www.gpoaccess.gov/cfr/index.html>.

40 CFR 52. "Approval and Promulgation of Implementation Plans." U.S.
Code of Federal Regulations. Available URL:
<http://www.gpoaccess.gov/cfr/index.html>.

40 CFR 60. "Standards of Performance for New Stationary Sources."
Available URL: <http://www.gpoaccess.gov/cfr/index.html>.

40 CFR 61. "National Emission Standards for Hazardous Air Pollutants."
U.S. Code of Federal Regulations. Available URL:
<http://www.gpoaccess.gov/cfr/index.html>.

40 CFR 63. "National Emissions Standards for Hazardous Air Pollutants
for Source Categories." U.S. Code of Federal Regulations. Available URL:
<http://www.gpoaccess.gov/cfr/index.html>.

40 CFR 70. "State Operating Permit Programs." U.S. Code of Federal
Regulations. Available URL: <http://www.gpoaccess.gov/cfr/index.html>.

40 CFR 81. "Designation of Areas for Air Quality Planning Purposes."
U.S. Code of Federal Regulations. Available URL:
<http://www.gpoaccess.gov/cfr/index.html>.

40 CFR 93 Subpart B. "Determining Conformity of Federal Actions to State
and Federal Implementation Plans." U.S. Code of Federal Regulations*.*
Available URL: <http://www.gpoaccess.gov/cfr/index.html>.

40 CFR 121. "State Certification of Activities Requiring a Federal
License or Permit." U.S. Code of Federal Regulations*.* Available URL:
<http://www.gpoaccess.gov/cfr/index.html>.

40 CFR 122. "EPA Administered Permit Programs: The National Pollutant
Discharge Elimination System." U.S. Code of Federal Regulations*.*
Available URL: <http://www.gpoaccess.gov/cfr/index.html>.

40 CFR 125. "Criteria and Standards for the National Pollutant Discharge
Elimination System." U.S. Code of Federal Regulations*.* Available URL:
<http://www.gpoaccess.gov/cfr/index.html>.

40 CFR 129. "Toxic Pollutant Effluent Standards." U.S. Code of Federal
Regulations*.* Available URL: <http://www.gpoaccess.gov/cfr/index.html>.

40 CFR 141. "National Primary Drinking Water Regulations." U.S. Code of
Federal Regulations. Available URL:
<http://www.gpoaccess.gov/cfr/index.html>.

40 CFR 144. "Underground Injection Control Program." U.S. Code of
Federal Regulations. Available URL:
<http://www.gpoaccess.gov/cfr/index.html>.

40 CFR 145. "State UIC Program Requirements." U.S. Code of Federal
Regulations. Available URL: <http://www.gpoaccess.gov/cfr/index.html>.

40 CFR 146. "Underground Injection Control Program: Criteria and
Standards." U.S. Code of Federal Regulations. Available URL:
<http://www.gpoaccess.gov/cfr/index.html>.

40 CFR 147. "State Underground Injection Control Programs." U.S. Code of
Federal Regulations. Available URL:
<http://www.gpoaccess.gov/cfr/index.html>.

40 CFR 191. "Environmental Radiation Protection Standards for Management
and Disposal of Spent Nuclear Fuel, High-Level and Transuranic
Radioactive Wastes." U.S. Code of Federal Regulations. Available URL:
<http://www.gpoaccess.gov/cfr/index.html>.

40 CFR 230. "Section 404(b) (1) Guidelines for Specification of Disposal
Sites for Dredged or Fill Material." U.S. Code of Federal Regulations.
Available URL: <http://www.gpoaccess.gov/cfr/index.html>.

40 CFR 231. "Section 404(c) Procedures." U.S. Code of Federal
Regulations. Available URL: <http://www.gpoaccess.gov/cfr/index.html>.

40 CFR 232. "404 Program Definitions; Exempt Activities Not Requiring
404 Permits." U.S. Code of Federal Regulations. Available URL:
<http://www.gpoaccess.gov/cfr/index.html>.

40 CFR 233. "404 State Program Regulations." U.S. Code of Federal
Regulations. Available URL: <http://www.gpoaccess.gov/cfr/index.html>

40 CFR 260-282. "Resource Conservation and Recovery Act." U.S. Code of
Federal Regulations. Available URL:
<http://www.gpoaccess.gov/cfr/index.html>.

40 CFR 300. "National Oil and Hazardous Substances Pollution Contingency
Plan." U.S. Code of Federal Regulations. Available URL:
<http://www.access.gpo.gov/nara/cfr/waisidx_02/40cfr300_02.html>.

40 CFR 350 -- 374. "Emergency Planning and Community Right-to-Know Act
Regulations." U.S. Code of Federal Regulations. Available URL:
<http://www.gpoaccess.gov/cfr/index.html>.

40 CFR 700-799. "Toxic Substances Control Act." U.S. Code of Federal
Regulations. Available URL: <http://www.gpoaccess.gov/cfr/index.html>.

40 CFR 761. "Polychlorinated Biphenyls (PCBs) Manufacturing, Processing,
Distribution in Commerce, and Use Prohibitions." U.S. Code of Federal
Regulations. Available URL: <http://www.gpoaccess.gov/cfr/index.html>.

40 CFR 1500-1508. "Council on Environmental Quality Regulations for
Implementing the Procedural Provision of the National Environmental
Policy Act." U.S. Code of Federal Regulations. Available URL:
<http://www.gpoaccess.gov/cfr/index.html>.

49 CFR 105-180. "Subtitle B\--Other Regulations Relating to
Transportation. Chapter I. Research and Special Programs
Administration." U.S. Code of Federal Regulations. Available URL:
<http://www.gpoaccess.gov/cfr/index.html>.

49 CFR 397. "Transportation of Hazardous Materials: Driving and Parking
Rules." U.S. Code of Federal Regulations. Available URL:
<http://www.access.gpo.gov/nara/cfr/index.html> .

50 CFR. "Wildlife and Fisheries." U.S. Code of Federal Regulations.
Available URL: <http://www.access.gpo.gov/nara/cfr/index.html>.

64 FR 61615. "Record of Decision: Hanford Comprehensive Land-Use Plan
Environmental Impact Statement." *Federal Register* (November 12, 1999).
Available URL: <http://www.gpoaccess.gov/fr/index.html>.

65 FR 37253. "Establishment of the Hanford Reach National Monument."
Proclamation 7319 of June 9, 2000 by the President of the United States
of America. *Federal Register* (June 9, 2000). Available URL:
<http://www.gpoaccess.gov/fr/index.html>.

67 FR 40333. "Notice of Intent to Prepare a Comprehensive Conservation
Plan and Associated Environmental Impact Statement for Hanford Reach
National Monument/Saddle Mountain National Wildlife Refuge." *Federal
Register* (June 12, 2002). Available URL:
<http://www.gpoaccess.gov/fr/index.html>.

68 FR 68180. "Indian Entities Recognized and Eligible to Receive
Services from the United States Bureau of Indian Affairs." *Federal
Register* (December 5, 2003). Available URL:
<http://www.gpoaccess.gov/fr/index.html>.

7 USC 4201, *et seq*. Farmland Protection Policy Act of 1981. Available
URL: <http://www.gpoaccess.gov/uscode/index.html>.

15 USC 2601, *et seq.* *Toxic Substances Control Act*. Available URL:
<http://www.gpoaccess.gov/uscode/index.html>.

16 USC 431, *et seq. Antiquities Act of 1906 (American Antiquities
Preservation Act)*. Available URL:
<http://www.gpoaccess.gov/uscode/index.html>.

16 USC 469 *et seq*. *Archaeological and Historic Preservation Act*.
Available URL: <http://www.gpoaccess.gov/uscode/index.html>.

16 USC 470aa *et seq.* *Archaeological Resources Protection Act of
1979*. Available URL: <http://www.gpoaccess.gov/uscode/index.html>.

16 USC 661, *et seq.* *Fish and Wildlife Coordination Act.* Available
URL: <http://www.gpoaccess.gov/uscode/index.html>.

16 USC 668, *et seq.* *Bald and Golden Eagle Protection Act*. Available
URL: <http://www.gpoaccess.gov/uscode/index.html>.

16 USC 703, *et seq.* *Migratory Bird Treaty Act*. Available URL:
<http://www.gpoaccess.gov/uscode/index.html>.

16 USC 1531, *et seq.* *Endangered Species Act*. Available URL:
<http://www.gpoaccess.gov/uscode/index.html>.

25 USC 3001, *et seq.* *Native American Graves Protection and
Repatriation Act*. Available URL:
<http://www.gpoaccess.gov/uscode/index.html>.

33 USC 1251, *et seq.* *Clean Water Act*. Available URL:
<http://www.gpoaccess.gov/uscode/index.html>.

42 USC 300f, *et seq.* *Safe Drinking Water Act*. Available URL:
<http://www.gpoaccess.gov/uscode/index.html>.

42 USC 1996. *American Indian Religious Freedom Act*. Available URL:
<http://www.gpoaccess.gov/uscode/index.html>.

42 USC 2011, *et seq.* *Atomic Energy Act*. Available URL:
<http://www.gpoaccess.gov/uscode/index.html>.

42 USC 2021b, *et seq.* *Low-Level Radioactive Waste Policy Act*.
Available URL: <http://www.gpoaccess.gov/uscode/index.html>.

42 USC 4321, *et seq.* *National Environmental Policy Act*. Available
URL: <http://www.gpoaccess.gov/uscode/index.html>.

42 USC 4901, *et seq.* Noise Control Act. Available URL:
<http://www.gpoaccess.gov/uscode/index.html> .

42 USC 6901, *et seq.* *Resource Conservation and Recovery Act of 1976*.
Available URL: <http://www.gpoaccess.gov/uscode/index.html>.

42 USC 7401, *et seq.* *Clean Air Act*. Available URL:
<http://www.gpoaccess.gov/uscode/index.html>.

42 USC 7609, *et seq*. *Clean Air Act of 1970*. U.S. Code of Federal
Regulations.

42 USC 9601, *et seq.* *Comprehensive Environmental Response,
Compensation, and Liability Act* *as* *amended by the Superfund
Amendments and Reauthorization Act*. Available URL:
<http://www.gpoaccess.gov/uscode/index.html>.

42 USC 10101, *et seq.* *Nuclear Waste Policy Act*. Available URL:
<http://www.gpoaccess.gov/uscode/index.html>.

42 USC 11001, *et seq.* *Emergency Planning and Community Right-to-Know
Act*. Available URL: <http://www.gpoaccess.gov/uscode/index.html>.

42 USC 13101, *et seq.* *Pollution Prevention Act*. Available URL:
<http://www.gpoaccess.gov/uscode/index.html>.

49 USC 5101, *et seq.* *Hazardous Materials Transportation Act*.
Available URL: <http://www.gpoaccess.gov/uscode/index.html>.

Clinton, W.J. 2000. Memorandum for the Secretary of Energy from
President William J. Clinton on the Hanford Reach National Monument.
Available URL:
<http://clinton6.nara.gov/2000/06/2000-06-09-memorandum-on-hanford-reach-national-monument.html>
.

Ecology (see Washington State Department of Ecology)

Executive Order 11514. "Protection and Enhancement of Environmental
Quality." Available URL:
<http://www.archives.gov/federal_register/executive_orders/disposition_tables.html>.

Executive Order 11593. "Protection and Enhancement of the Cultural
Environment." Available URL:
<http://www.archives.gov/federal_register/executive_orders/disposition_tables.html>.

Executive Order 11738. "Providing for Administration of the Clean Air
Act and the Federal Water Pollution Control Act with Respect to Federal
Contracts, Grants, or Loans." Available URL:
<http://www.archives.gov/federal_register/executive_orders/disposition_tables.html>.

Executive Order 11988. "Floodplain Management." Available URL:
<http://www.archives.gov/federal_register/executive_orders/disposition_tables.html>.

Executive Order 11990. "Protection of Wetlands." Available URL:
<http://www.archives.gov/federal_register/executive_orders/disposition_tables.html>.

Executive Order 12088. "Federal Compliance with Pollution Control
Standards." Available URL:
<http://www.archives.gov/federal_register/executive_orders/disposition_tables.html>.

Executive Order 12114. "Environmental Effects Abroad of Major Federal
Actions." Available URL:
<http://www.archives.gov/federal_register/executive_orders/disposition_tables.html>.

Executive Order 12196. "Occupational Safety and Health Programs for
Federal Employees."

Executive Order 12580. "Superfund Implementation." Available URL:
<http://www.archives.gov/federal_register/executive_orders/disposition_tables.html>.

Executive Order 12898. "Federal Actions to Address Environmental Justice
in Minority Populations and Low-Income Populations." Available URL:
<http://www.archives.gov/federal_register/executive_orders/disposition_tables.html>.

Executive Order 12962. "Recreational Fisheries." Available URL:
<http://www.archives.gov/federal_register/executive_orders/disposition_tables.html>.

Executive Order 13007. "Indian Sacred Sites." Available URL:
<http://www.archives.gov/federal_register/executive_orders/disposition_tables.html>.

Executive Order 13045. "Protection of Children from Environmental Health
Risks and Safety Risks." Available URL:
<http://www.archives.gov/federal_register/executive_orders/disposition_tables.html>.

Executive Order 13101. "Greening the Government through Waste
Prevention, Recycling, and Federal Acquisition." Available URL:
<http://www.archives.gov/federal_register/executive_orders/disposition_tables.html>.

Executive Order 13112. "Invasive Species." Available URL:
<http://www.archives.gov/federal_register/executive_orders/disposition_tables.html>.

Executive Order 13123. "Greening the Government through Energy Efficient
Management. Available URL:
<http://www.archives.gov/federal_register/executive_orders/disposition_tables.html>.

Executive Order 13134. "Developing and Promoting Biobased Products and
Bioenergy." Available URL:
<http://www.archives.gov/federal_register/executive_orders/disposition_tables.html>.

Executive Order 13148. "Greening the Government through Leadership in
Environmental Management." Available URL:
<http://www.archives.gov/federal_register/executive_orders/disposition_tables.html>.

Executive Order 13149. "Greening the Government through Federal Fleet
and Transportation Efficiency." Available URL:
<http://www.archives.gov/federal_register/executive_orders/disposition_tables.html>.

Executive Order 13150. "Federal Workforce Transportation." Available
URL:
<http://www.archives.gov/federal_register/executive_orders/disposition_tables.html>.

Executive Order 13175. "Consultation and Coordination with Indian Tribal
Governments." Available URL:
<http://www.archives.gov/federal_register/executive_orders/disposition_tables.html>.

Executive Order 13186. "Responsibilities of Federal Agencies to Protect
Migratory Birds." Available URL:
<http://www.archives.gov/federal_register/executive_orders/disposition_tables.html>.

Executive Order 13195. "Trails for America in the 21^st^ Century."
Available URL:
<http://www.archives.gov/federal_register/executive_orders/disposition_tables.html>.

Executive Order 13287. "Preserve America." Available URL:
<http://www.archives.gov/federal_register/executive_orders/disposition_tables.html>.

Fluor Hanford. 2002. *National Environmental Policy Act Source Guide for
the Hanford Site*. HNF-SP-0903 Revision 9.

Hanford Reach Study Act. 1988. Public Law No. 100-605 as amended by
Public Law 104-333. Available URL:
<http://206.61.210.104/pl/iap/html/body_apx-a.htm>.

RCW 70.94. Washington Clean Air Act. Available URL:
<http://www.leg.wa.gov/RCW/index.cfm?fuseaction=chapterdigest&chapter=70.94>.

RCW 90.76. Underground Storage Tanks. Available URL:
<http://www.leg.wa.gov/RCW/index.cfm?fuseaction=chapterdigest&chapter=90.76>.

Treaty with the Walla Walla, Cayuse and Umatilla. 1855. June 9, 1855, 12
Stat. 945.

Treaty with the Yakama. 1855. June 9, 1855, 12 Stat. 951.

Treaty with the Nez Perces. 1855. June 11, 1855, 12 Stat. 957.

U.S. Department of Energy (DOE). 1999. *Final Hanford Comprehensive
Land-Use Plan Environmental Impact Statement.* DOE/EIS-0222-F. U.S.
Department of Energy, Richland, Washington. Available URL:
<http://www.hanford.gov/doe/eis/hraeis/hraeis.htm>.

U.S. Department of Energy (DOE). 2000. *U.S. Department of Energy
American Indian and Alaska Native Tribal Government Policy.* Available
URL: <http://www.ci.doe.gov/indianbk.pdf>.

U.S. Department of Energy (DOE). 2001a. *Department of Energy Management
of Cultural Resources*. DOE P 141.1, Washington, D.C. Available URL:
[http://www.directives.doe.gov](http://www.directives.doe.gov/).

U.S. Department of Energy (DOE). 2001b. "Management of Cultural
Resources at Department of Energy Facilities." DOE/EH-412/0005r (revised
July 2001). U.S. Department of Energy, Washington, D.C. Available URL:
<http://homer.ornl.gov/oepa/guidance/cultural/culturalresourcemgt.pdf>.

U.S. Department of Energy (DOE). 2004. *Annual Hanford Site
Environmental Permitting Status Report*. DOE/RL-96-63, Revision 8, U.S.
Department of Energy, Richland, Washington.

U.S. Department of Energy (DOE). 2004a. *Hanford Site Solid (Radioactive
and Hazardous) Waste Program Environmental Impact Statement*.
DOE/EIS-0286F. U.S. Department of Energy, Richland, Washington.
Available URL:
<http://www.hanford.gov/doe/eis/eis-0286D2/2003_FINAL.cfm>.

U.S. Department of Energy (DOE). 2004b. *Consultation with Native
Americans*. DOE/EH-41-0019/1204. Washington, D.C. Available URL:
<http://www.eh.doe.gov/oepa/guidance/cultural/consultation_info_brief.pdf>.

U.S. Environmental Protection Agency (EPA). 1994. "Hazardous and Solid
Waste Amendments Portion of the Resource Conservation and Recovery Act
Permit for the Treatment, Storage, and Disposal of Hazardous Waste".
September 1994. U.S. Environmental Protection Agency, Region 10,
Seattle, Washington. Available URL:
<http://yosemite.epa.gov/R10/OWCM.NSF/ed6c817875102d2d8825650f00714a59/771ea51111ea0a9e88256ddd0076ecd3/$FILE/hswa-per.pdf>.

WAC 173-60. "Maximum Environmental Noise Levels." Washington
Administrative Code. Available URL:
<http://www.leg.wa.gov/wac/index.cfm?fuseaction=chapterdigest&chapter=173-60>.

WAC 173-160. "Minimum Standards for Construction and Maintenance of
Wells." Washington Administrative Code. Available URL:
<http://www.leg.wa.gov/wac/index.cfm?fuseaction=chapterdigest&chapter=173-160>.

WAC 173-216. "State Waste Discharge Permit Program." Washington
Administrative Code. Available URL:
[http://www.leg.wa.gov/wac/index.cfm?fuseaction=chapterdigest&chapter=173‑216](http://www.leg.wa.gov/wac/index.cfm?fuseaction=chapterdigest&chapter=173%1E216).

WAC 173-218. "Underground Injection Control Program." Washington
Administrative Code. Available URL:
<http://www.leg.wa.gov/wac/index.cfm?fuseaction=chapterdigest&chapter=173-218>.

WAC 173-303. "Dangerous Waste Regulations." Washington Administrative
Code. Available URL:
[http://www.leg.wa.gov/wac/index.cfm?fuseaction=chapterdigest&chapter=173‑303](http://www.leg.wa.gov/wac/index.cfm?fuseaction=chapterdigest&chapter=173%1E303).

WAC 173-360. "Underground Storage Tank Regulations." Washington
Administrative Code. Available URL:
[http://www.leg.wa.gov/wac/index.cfm?fuseaction=chapterdigest&chapter=173‑360](http://www.leg.wa.gov/wac/index.cfm?fuseaction=chapterdigest&chapter=173%1E303).

WAC 173-400. "General Regulations for Air Pollution Sources." Washington
Administrative Code. Available URL:
<http://www.leg.wa.gov/wac/index.cfm?fuseaction=chapterdigest&chapter=173-400>.

WAC 173-401. "Operating Permit Regulation." Washington Administrative
Code. Available URL:
[http://www.leg.wa.gov/wac/index.cfm?fuseaction=chapterdigest&chapter=173-401](http://www.leg.wa.gov/wac/index.cfm?fuseaction=chapterdigest&chapter=173-400).

WAC 173-460. "Controls for New Sources of Toxic Air Pollutants."
Washington Administrative Code. Available URL:
<http://www.leg.wa.gov/wac/index.cfm?fuseaction=chapterdigest&chapter=173-460>.

WAC 173-470. "Ambient Air Quality Standards for Particulate Matter."
Washington Administrative Code. Available URL:
[[http://www.leg.wa.gov/wac/index.cfm?fuseaction=title&title=173]{.underline}](http://www.leg.wa.gov/wac/index.cfm?fuseaction=title&title=173).

WAC 173-474. "Ambient Air Quality Standards for Sulfur Oxides."
Washington Administrative Code. Available URL:
[[http://www.leg.wa.gov/wac/index.cfm?fuseaction=title&title=173]{.underline}](http://www.leg.wa.gov/wac/index.cfm?fuseaction=title&title=173).

WAC 173-475. "Ambient Air Quality Standards for Carbon Monoxide, Ozone,
and Nitrogen Dioxide." Washington Administrative Code. Available URL:

[[http://www.leg.wa.gov/wac/index.cfm?fuseaction=title&title=173]{.underline}](http://www.leg.wa.gov/wac/index.cfm?fuseaction=title&title=173).

WAC [1]{.smallcaps}73-480. "Ambient Air Quality Standards and Emission
Limits for Radionuclides." Washington Administrative Code. Available
URL:
<http://www.leg.wa.gov/wac/index.cfm?fuseaction=chapterdigest&chapter=173-480>.

WAC 173-481. "Ambient Air Quality Standards for Fluorides." Washington
Administrative Code. Available URL:
[[http://www.leg.wa.gov/wac/index.cfm?fuseaction=title&title=173]{.underline}](http://www.leg.wa.gov/wac/index.cfm?fuseaction=title&title=173).

WAC 220-110. "Hydraulic Code Rules." Washington Administrative Code.
Available URL:
<http://www.leg.wa.gov/wac/index.cfm?fuseaction=chapterdigest&chapter=220-110>.

WAC 246-247. "Radiation Protection -- Air Emissions." Washington
Administrative Code. Available URL:
<http://www.leg.wa.gov/wac/index.cfm?fuseaction=chapterdigest&chapter=246-247>.

WAC 246-272. "On-Site Sewage Systems." Washington Administrative Code.
Available URL:
<http://www.leg.wa.gov/wac/index.cfm?fuseaction=chapterdigest&chapter=246-272>.

WAC 246-290. "Public Water Supplies." Washington Administrative Code.
Available URL:
<http://www.leg.wa.gov/wac/index.cfm?fuseaction=chapterdigest&chapter=246-290>.

WAC 332-30. "Aquatic Land Management." Washington Administrative Code.
Available URL:
<http://www.leg.wa.gov/wac/index.cfm?fuseaction=chapterdigest&chapter=332-30>.

Washington State Department of Ecology (Ecology). 2001a. Dangerous Waste
Portion of the Resource Conservation and Recovery Act Permit for the
Treatment, Storage, and Disposal of Dangerous Waste, Revision 7.
Washington State Department of Ecology Publication Number 94-05-001.
Permit Number: WA7890008967. Olympia, Washington. Available URL:
<http://www.ecy.wa.gov/programs/nwp/pdf/permitrev7.pdf>.

Washington State Department of Ecology (Ecology). 2001b. *Hanford Air
Operating Permit.* Washington State Department of Ecology Publication
Number 00-05-006. Olympia, Washington. Available URL:
<http://www.ecy.wa.gov/pubs/0005006.pdf>.

Washington State Department of Ecology (Ecology), U.S. Environmental
Protection Agency (EPA), and U.S. Department of Energy (DOE). 1989.
*Hanford Federal Facility Agreement and Consent Order.* 89-10 (as
amended). Washington State Department of Ecology, U.S. Environmental
Protection Agency, U.S. Department of Energy. Available URL:
<http://www.hanford.gov/tpa/tpahome.htm>.

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