II

104TH CONGRESS

1ST SESSION S. 871

To provide for the management and disposition of the Hanford Reservation,

to provide for environmental management activities at the Reservation,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 26 (legislative day, MAY 15), 1995

Mr. JOHNSTON (for himself and Mr. MURKOWSKI) introduced the following

bill; which was read twice and referred to the Committee on Energy and

Natural Resources

A BILL

To provide for the management and disposition of the Hanford Reservation, to provide for environmental management activities at the Reservation, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Hanford Land Man5 agement Act’’.

6 SEC. 2. DEFINITIONS.

7 For purposes of this Act:
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1 (1) The term ‘‘affected communities and Indian

2 tribes’’ means—

3 (A) the counties of Benton, Franklin, and

4 Grant, Washington;

5 (B) the cities of Richland, Pasco, and

6 Kennewick, Washington; and

7 (C) the Yakima Tribe, the Confederated

8 Tribes of the Umatilla, and the Nez Perce

9 Tribe.

10 (2) The term ‘‘corrective action’’ means such

11 actions as may be necessary to protect human

12 health, safety, and the environment from releases of

13 hazardous waste or constituents from any solid

14 waste management facility at the Hanford Reserva15 tion.

16 (3) The term ‘‘Department’’ means the Depart17 ment of Energy.

18 (4) The term ‘‘environmental management ac19 tivities’’ means—

20 (A) corrective actions;

21 (B) removal or remedial actions; and

22 (C) the treatment, storage, or disposal of

23 hazardous substances or radioactive materials.

24 (5) The term ‘‘Hanford Reservation’’ means the

25 site located in southeastern Washington owned by
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1 the United States and reserved for the use of the

2 Department of Energy.

3 (6) The term ‘‘hazardous substance’’ has the

4 meaning given the term in section 101(14) of the

5 Comprehensive Environmental Response, Compensa6 tion, and Liability Act of 1980 (42 U.S.C.

7 9601(14)).

8 (7) The term ‘‘remove’’ or ‘‘removal’’ has the

9 meaning given the term in section 101(23) of the

10 Comprehensive Environmental Response, Compensa11 tion, and Liability Act of 1980 (42 U.S.C.

12 9601(23)).

13 (8) The term ‘‘remedy’’ or ‘‘remedial action’’

14 has the meaning given the term in section 101(24)

15 of the Comprehensive Environmental Response,

16 Compensation, and Liability Act of 1980 (42 U.S.C.

17 9601(24)).

18 (9) The term ‘‘radioactive material’’ means—

19 (A) byproduct material as defined in sec20 tion 11e. of the Atomic Energy Act of 1954 (42

21 U.S.C. 2014(e));

22 (B) source material as defined in section

23 11z. of the Atomic Energy Act of 1954 (42

24 U.S.C. 2014(z));
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1 (C) special nuclear material as defined in

2 section 11aa. of the Atomic Energy Act of 1954

3 (42 U.S.C. 2014(aa));

4 (D) high-level radioactive waste as defined

5 in section 2(12) of the Nuclear Waste Policy

6 Act of 1982 (42 U.S.C. 10101 (12));

7 (E) low-level radioactive waste as defined

8 in section 2(16) of the Nuclear Waste Policy

9 Act of 1982 (42 U.S.C. 10101(16));

10 (F) spent nuclear fuel as defined in section

11 2(23) of the Nuclear Waste Policy Act of 1982

12 (42 U.S.C. 10101(23));

13 (G) mixed waste as defined in section

14 1004(41) of the Solid Waste Disposal Act (42

15 U.S.C. 6903(41)); and

16 (H) transuranic waste as defined in section

17 2(20) of the Waste Isolation Pilot Plant Land

18 Withdrawal Act (Public Law 102–579).

19 (10) The term ‘‘Secretary’’ means the Secretary

20 of Energy.

21 (11) The term ‘‘substitution risk’’ means an in22 creased risk to human health, safety, or the environ23 ment likely to result from a regulatory or nonregula24 tory option designed to decrease other risks.
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1 (12) The terms ‘‘treatment, storage, and dis2 posal’’ have the meanings given such terms in sec3 tion 1004 (34), (33), and (3), respectively, of the

4 Solid Waste Disposal Act (42 U.S.C. 6903 (34),

5 (33), and (3)).

6 SEC. 3. ENVIRONMENTAL MANAGEMENT PLAN.

7 (a) POLICY.—The Secretary shall manage federal

8 lands, manage hazardous substances and radioactive ma9 terials at the Reservation, perform corrective actions, and

10 remove or remedy, as necessary, hazardous or radioactive

11 contamination of land, structures, surface water, or

12 ground water within the Hanford Reservation in accord13 ance with this Act and the environmental management

14 plan prepared in accordance with this Act.

15 (b) ISSUANCE OF PLAN.—Not later than two years

16 after the date of enactment of this Act, the Secretary shall

17 submit to Congress an environmental management plan

18 for the Hanford Reservation.

19 (c) CONTENTS OF PLAN.—The plan shall contain—

20 (1) the land use plan required by section 4;

21 (2) the risk assessment statement required by

22 section 5;

23 (3) the waste management plan required by sec24 tion 6; and
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1 (4) the site restoration plan required by section

2 7.

3 (d) EFFECTIVE DATE.—This Act shall take effect

4 upon the date of enactment. The effectiveness of the Act

5 shall not be delayed pending preparation of the environ6 mental management plan.

7 (e) AMENDMENT OF PLAN.—The Secretary may re8 vise the plan from time to time consistent with this Act

9 and shall submit any amendments to Congress.

10 SEC. 4. LAND USE.

11 (a) POLICY.—Lands within the Hanford Reservation

12 shall be retained in Federal ownership unless, as a result

13 of the land use planning procedure provided in this sec14 tion, Congress determines that disposal of a particular

15 parcel will serve the national interest.

16 (b) LAND USE PLAN.—The Secretary shall include

17 in the environmental management plan a land use plan

18 designating—

19 (1) parcels within the Hanford Reservation that

20 need to be retained by the Department for its use

21 or for the maintenance of institutional controls need22 ed to protect the public or the environment from

23 hazardous substances or radioactive materials;
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1 (2) parcels recommended for inclusion in the

2 National Park System, the National Refuge System,

3 or the National Wild and Scenic Rivers System; and

4 (3) parcels recommended for transfer to the

5 Secretary of the Interior to be managed as public

6 lands or to be sold or exchanged in accordance with

7 the Federal Land Policy and Management Act (43

8 U.S.C. 1701–1784).

9 (c) CRITERIA.—In designating parcels under sub10 section (b), the Secretary shall consider—

11 (1) the risk to human health, safety, or the en12 vironment presented by hazardous substances and

13 radioactive materials at the site;

14 (2) the risk to workers from exposure to haz15 ardous substances or radioactive materials in the

16 course of performing removal or remedial actions;

17 (3) the availability of effective technologies to

18 remedy or remove hazardous substances or radio19 active materials or to reduce the risk to human

20 health, safety, or the environment;

21 (4) the cost to the United States or releasing

22 the parcel from federal ownership and control, in23 cluding—

24 (A) the cost of remedying or removing the

25 hazardous substances or radioactive materials
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1 or reducing the risk to human health, safety, or

2 the environment from such substances or mate3 rials at the parcel;

4 (B) the cost of remedying or removing the

5 hazardous substances or radioactive materials

6 or reducing the risk to the human health, safe7 ty, or the environment from such substances or

8 materials at parts of the Reservation that re9 main under federal ownership or control; and

10 (C) the cost of assessing the incremental

11 risk to the human health, safety, or the envi12 ronment that may result from releasing the

13 parcel;

14 (5) the importance of the area for scenic, his15 torical, recreational, ecological, cultural, or archeo16 logical values, water resources, community expan17 sion, or economic development;

18 (6) the views of the Secretary of the Interior,

19 the Governor of Washington, and affected commu20 nities and Indian tribes; and

21 (7) the availability of Federal funds to clean up

22 the parcel to the level needed for the recommended

23 use.

24 (d) FUTURE OWNERSHIP.—The Secretary shall not

25 sell, exchange, or convey any part of the Hanford Reserva-
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1 tion except as authorized by legislation enacted after the

2 date of enactment of this Act.

3 SEC. 5. RISK ASSESSMENT.

4 (a) POLICY.—The Secretary shall conduct a com5 prehensive risk assessment of all major activities, sub6 stances, and conditions at the Hanford Reservation that

7 pose a risk to human health, safety, or the environment.

8 The risk assessment shall be based on the best available,

9 scientifically replicable data and realistic assumptions that

10 shall not exaggerate risk by inappropriately compounding

11 multiple, hypothetical, conservative policy judgments. The

12 Secretary shall recommend future use of the Hanford Res13 ervation under section 4, establish standards and select

14 environmental management activities under sections 6 and

15 7, and establish priorities and allocate Federal resources

16 among such activities based upon the risk assessment con17 ducted under this section.

18 (b) RISK ASSESSMENT STATEMENT.—(1) The Sec19 retary shall include in the environmental management

20 plan a clear and concise statement that—

21 (A) describes and, to the extent practicable,

22 quantifies the risks to human health, safety, and the

23 environment to be addressed by environmental man24 agement activities under this Act;
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1 (B) compares the human health, safety or envi2 ronmental risks to be addressed by such environ3 mental management activities to other risks chosen

4 by the Secretary, including—

5 (i) at least 3 other risks regulated by a

6 Federal agency; and

7 (ii) at least 3 other risks that are familiar

8 to the general public;

9 (C) describes and, to the extent practicable,

10 quantifies any known, plausible substitution risks

11 when information on such risks is known to or has

12 been provided to the Secretary;

13 (D) estimates—

14 (i) the costs of carrying out the environ15 mental management activities under this Act;

16 and

17 (ii) the benefits of such activities, including

18 both quantifiable measures of costs and bene19 fits, to the fullest extent that they can be esti20 mated, and qualitative measures that are dif21 ficult to quantify; and

22 (E) contains a certification by the Secretary

23 that—

24 (i) the analyses performed under subpara25 graphs (A), (B), (C), and (D) are based on the
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1 best reasonably obtainable scientific informa2 tion;

3 (ii) the planned environmental manage4 ment activities are likely to reduce significantly

5 the human health, safety, or environmental

6 risks to be addressed;

7 (iii) there is no alternative environmental

8 management activity that would achieve an

9 equivalent reduction in risk in a more cost-ef10 fective manner, along with a brief explanation

11 of why other alternatives considered by the Sec12 retary were found to be less cost-effective; and

13 (iv) the planned environmental manage14 ment activities are likely to produce benefits to

15 human health, safety, or the environment that

16 will justify the costs to the United States.

17 (2) If the Secretary cannot certify one or more of the

18 matters specified in paragraph (1)(D), the Secretary shall

19 identify those matters for which certification cannot be

20 made and shall include a statement of the reasons therefor

21 in the environmental management plan.

22 (c) RULE OF REASON.—In assessing the risk of indi23 vidual activities, substances, or conditions as part of the

24 comprehensive risk assessment required by this section,

25 the Secretary shall employ the level of detail and rigor ap-
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1 propriate and practicable for reasoned decision making on

2 the matter involved, taking into account the significance

3 and complexity of the environmental management plan

4 and the need for expedition.

5 SEC. 6. MATERIALS AND WASTE MANAGEMENT.

6 (a) POLICY.—The Secretary shall manage hazardous

7 substances and radioactive materials at the Hanford Res8 ervation in compliance with the standards established

9 under subsection (b) and in accordance with the waste

10 management plan prepared under subsection (c).

11 (b) STANDARDS.—(1) The Secretary shall, by rule,

12 establish such standards for the treatment, storage, and

13 disposal of hazardous waste and radioactive materials at

14 the Hanford Reservation as may be necessary to protect

15 human health, safety, and the environment.

16 (2) Such standards shall be in accord with the com17 mon defense and security and provide adequate protection

18 to the health and safety of the public.

19 (3) In establishing any standard under this sub20 section, the Secretary shall take into account—

21 (A) reasonably anticipated future land uses;

22 (B) the views of the affected communities and

23 Indian tribes;

24 (C) the availability of cost-effective treatment,

25 storage, and disposal technologies;
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1 (D) the risk assessment required by section 5;

2 (E) other human health, safety, or environ3 mental protection standards established by the Nu4 clear Regulatory Commission, other Federal agen5 cies, or the State of Washington for comparable

6 risks; and

7 (F) the recommendations of the Defense Nu8 clear Facilities Safety Board.

9 (c) WASTE MANAGEMENT PLAN.—The Secretary

10 shall include in the environmental management plan a

11 waste management plan containing—

12 (1) the standards established under subsection

13 (b);

14 (2) an inventory of hazardous substances and

15 radioactive materials at the Hanford Reservation to

16 a level of detail determined reasonable by the Sec17 retary; and

18 (3) for each type of hazardous substance or ra19 dioactive material, the treatment, storage, disposal,

20 or other management method selected by the Sec21 retary to manage the substance or material in com22 pliance with the standards established under sub23 section (b).
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1 (d) CRITERIA.—In selecting treatment, storage, or

2 disposal methods under subsection (c), the Secretary shall

3 consider—

4 (1) the risk to human health, safety, or the en5 vironment presented by the hazardous substance or

6 radioactive material;

7 (2) the risk to workers from exposure to the

8 substance or material in the course of treatment,

9 storage, or disposal of the substance or material;

10 (3) the cost of the treatment, storage, or dis11 posal method in relation to—

12 (A) the risk to the public, workers, or the

13 environment; and

14 (B) alternative treatment, storage, or dis15 posal options;

16 (4) the extent to which the risk to the public,

17 workers, or the environment may be reduced by in18 terim storage of the waste or material until—

19 (A) the hazard is reduced as a result of ra20 dioactive decay or chemical decomposition; or

21 (B) more cost-effective treatment or dis22 posal technologies are developed and are rea23 sonably available; and
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1 (5) the views of Federal and State regulators of

2 the substance or material and the affected commu3 nities and Indian tribes.

4 SEC. 7. SITE RESTORATION.

5 (a) POLICY.—The Secretary shall take corrective and

6 remedial actions at the Hanford Reservation in compliance

7 with the standards established in subsection (b) and in

8 accordance with the site restoration plan prepared under

9 subsection (c).

10 (b) STANDARDS.—(1) The Secretary shall, by rule,

11 establish such standards for the performance of corrective,

12 remedial, and removal actions at the Hanford Reservation

13 as may be necessary to protect human health, safety, and

14 the environment.

15 (2) Such standards shall be in accord with the com16 mon defense and security and provide adequate protection

17 to the health and safety of the public.

18 (3) In establishing any standard under this sub19 section, the Secretary shall take into account—

20 (A) reasonably anticipated future land uses;

21 (B) the views of the affected communities and

22 Indian tribes;

23 (C) the availability of cost-effective technology

24 for performing corrective, removal, or remedial ac25 tions;
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1 (D) the risk assessment required by section 5;

2 (E) other human health, safety, or environ3 mental protection standards established by the Nu4 clear Regulatory Commission other Federal agencies,

5 or the State of Washington for comparable risks;

6 and

7 (F) the recommendations of the Defense Nu8 clear Facilities Safety Board.

9 (c) REMEDY SELECTION.—(1) The Secretary shall

10 select remedial actions that achieve the level of cleanup

11 under subsection (b), taking into account the following

12 factors—

13 (A) the effectiveness of the remedy;

14 (B) the capability of the remedy to achieve

15 long-term protection of human health, safety, and

16 the environment;

17 (C) the risk posed by the remedy to the public,

18 to workers engaged in the remedial actions, and to

19 the environment;

20 (D) the acceptability of the remedy to the af21 fected communities and Indian tribes; and

22 (E) the reasonableness of the cost of the rem23 edy in relation to the preceding factors.

24 (2) The Secretary shall give due consideration to the

25 selection of interim containment as a remedy where—
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1 (A) the risk to human health, safety, and the

2 environment diminishes over time as a result of ra3 dioactive decay or chemical decomposition; or

4 (B) alternative remedies are technically infeasi5 ble or unreasonably costly.

6 (3) The Secretary shall establish cost-effective ge7 neric remedies and expedited procedures for selecting ge8 neric remedies, as appropriate, at multiple sites within the

9 Reservation.

10 SEC. 8. WORK FORCE RESTRUCTURING.

11 Notwithstanding section 3161 of the National De12 fense Authorization Act for Fiscal Year 1993 (Public Law

13 102–484) or any other provision of law, the Secretary

14 shall reduce the number of employees employed by the De15 partment or its contractors at the Hanford Reservation

16 to the number needed to accomplish authorized activities.

17 SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

18 There are authorized to be appropriated to the Sec19 retary such sums as may be necessary for environmental

20 management activities at the Hanford Reservation.

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