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					National Governors Association
 Federal Facilities Task Force
              States-Only Introductory Briefing


             Fall Intergovernmental Meeting
                   November 5-6, 2003
                                        Washington, DC


     Prepared by Ross & Associates Environmental Consulting, Ltd., for submission under Contract with the
   National Governors’ Association Center for Best Practices. The preparation of this document was financed in
            part by funds provided by the U.S. Department of Energy, Grant No, DE-FG02-97FT34337
Breakout Session Overview
• DOE Project Teams – Outcome &
  follow-up
    – Risk-based End states
    – FOCUS (small sites)
    – Other-than-HLW-and-SNF
•   State Grants (Guest: Sandra Waisley)
•   DOE out-year Budget (Guest: Roger Butler)
•   Long-term Stewardship (action agenda & panel)
•   What’s worked / lessons learned (panel)
                                                    2
 Breakout Session Overview
• Other issues/questions to prepare for
  plenary?
  – High Level Waste issues
  – DOE’s site-specific RBES process
  – DOE’s ―Sustainable Solutions‖ meeting




                                            3
          DOE Project Teams
         NGA Working Groups
• Ground rules developed December 2002
• Additional briefings arranged with Spent
  Fuel and Transportation Project Teams
• DOE refused interaction with HLW Project
  Team
• Paul Golan provided update about most
  project teams


                                             4
          DOE Project Teams
         NGA Working Groups
• ―The intent of this dialogue is to go
  substantially beyond mere information
  sharing to a collaborative, consultative
  dialogue that provides the potential for the
  development of consensus solutions
  where possible, or at minimum, informed,
  collegial dialogue on issues of concern.‖
                                –Ground Rules

                                                 5
       Risk-Based End States
            Project Team
• DOE Project Lead—Dave Geiser (now in
  LM, no longer part of Team)
• DOE Policy 455.1- ―Use of Risk-Based
  End States,‖ approved July 15, 2003
• Final Guidance
• Draft Implementation Plan (August 2003)
• Other documents
• 7 conference calls
                                        6
       Risk-Based End States

• Most sites were required to submit a draft
  RBES vision and variance analysis by
  10/31/03.
• Currently unclear who will follow up on
  RBES Team initiatives.
• How is the RBES mandate being
  carried out in your state?

                                               7
   National FOCUS Project Team
                 (small sites)
• DOE Team Leader—Cynthia Anderson,
  DOE-SRS
• Kick-off call—January 15th
• Almost no substantive information
  provided to the Working Group in spite of
  repeated requests and assurances.
• Other DOE Teams have referred to the
  FOCUS team’s activities.
• Next steps for Task Force?
                                              8
    Other-Than-SNF-and-HLW
          Project Team
• DOE Project Lead—Reinhard Knerr, DOE-
  Carlsbad
• Many documents shared with Working
  Group; excellent cooperation
• Many topics addressed by Project Team




                                      9
    Other-Than-SNF-and-HLW Team
•   Finalizing contract incentives language
•   Nat’l Consolidation and Acceleration Facility
    (NCAF) for LLW, MLLW, & TRU waste
    –   Candidate sites: INEEL, Hanford, SRS, Oak Ridge
    –   NEPA gap analysis pending
    –   Equity protocols to be developed (as advice to
        contractors)
•   TSCA incinerator – process to improve access
•   Orphan waste data – nearly final
•   Corporate Board idea – dropped
•   Status of “rejected” options – to be clarified in
    Project Closeout Report
•   Project ends mid-November                     10
 State Grants - discussion points
• Accommodating workload fluctuations
  under accelerated cleanup
• Oversight at ongoing mission sites and
  LTS sites? (and, clarify ―oversight‖
  account)
• How to avoid funding fits & starts?
• How to deal with DOE HQ-site
  differences?
• Specific areas of DOE concern states
  could address?
                                           11
          DOE-EM Budget
• May 2003 question: will budget from sites
  closing in 2006 be transferred to benefit
  sites still being cleaned up?
• No new information from DOE
• New analysis of out-year budget forecasts
• Compares last year’s DOE planning
  forecasts with this year’s OMB forecasts

                                          12
                               Out-year budget estimates for DOE-EM

                                          Total EM Budget 2002 est.
             9,000                        Total EM budget 2003 est.

             8,000


             7,000


             6,000
$ Millions




             5,000


             4,000


             3,000


             2,000


             1,000


               -
                     2002 actual   2003      2004      2005       2006   2007   2008
                                                    Fiscal Year                        13
          DOE-EM Budget
Issues/questions:
Out-Year Budget
 – Explanation for large funding drop after 2006?
 – Sufficient funding to support accelerated
   cleanup?




                                                14
    Long-term Stewardship
DESIRED OUTCOMES FROM THE MEETING
1. Make clear to DOE that LTS is not a settled
   issue as far as states are concerned.
2. Secure full engagement with the Office of
   Legacy Management (and OGC) for policy
   dialogue with NGA working group.
3. Clarify who is the NNSA point of contact on
   LTS issues, and secure their cooperation.
4. Show DOE that the intergovernmental groups
   are coordinating on LTS issues.
5. Generate ideas for how to best use DOE’s
   Spring 2004 LTS conference.
                                             15
    Long-term Stewardship
KEY ISSUES FOR NGA TASK FORCE
1. Implement enforceable institutional controls,
   including federal compliance with state
   covenant laws.
2. Identify mechanism for assured funding for LTS.
  – The states’ underlying interest is to minimize the risk that the
    annual appropriations process will result in a break in
    continuity of funding for essential LTS activities over the long
    run.
3. Clarify NNSA’s role and responsibilities in LTS.
4. Clarify specific roles and responsibilities for
   implementing the components of LTS (incl. legal
  issues of transferring LTS obligations to other parties).
5. Maximize cleanup to minimize need for LTS.
                                                                  16
    Panel: What’s Worked…
•




                            17
    Backup information
•




                         18
    Events since our last meeting (5/03)
•   DOE’s Project Teams continue
•   DOE-EM reorganization announced
•   EM-1 directed field to share budget info
•   HLW court decision/DOE legislative efforts
•   DOE held ―Sustainable Solutions‖ meeting
•   Office of Legacy Management established
•   Out-year budget question unresolved
•   NGA staff changes
                                             19
20
       List of DOE Project Teams
Project Team                                                Project Manager

Getting More Performance from performance based contracts   Charlie Dan (RFETS)

Managing waste to reduce risk--other than SNF and HLW       Reinhard Knerr (Carlsbad)

Integrated/risk-driven disposal of spent nuclear fuel       Christine Gelles (EM HQ)

Managing waste to reduce risk--high level waste             Joel Case (INEEL)

Focusing EM resources on cleanup                            Mike Weis (EM HQ)

Safeguards and security/nuclear material consolidation      Matt McCormick (Richland)

A cleanup program driven by risk-based end states           Dave Geiser (EM HQ)

National FOCUS Project (small sites)                        Cynthia Anderson (Savannah)

Transportation                                              Gary DeLeon (EM HQ)


                                                                                          21
Source: DOE, ―Updated FY 2004-2008 Planning Guidance.‖ Memo from Deputy
Corporate Performance Measures - EM Program




                                        23
      Planning the Implementation of Long-Term Stewardship (a cycle)
                                         For a DOE Owned Site---Draft Miamisburg Mound Example


    What’s                                                             Who is Responsible?
   Required?                          Implementing it           Overseeing it
                                                                                    Enforcement
                                                                                    Mechanism/
                                                                                                       Funding Source
                                                                                                                             Funding
                                                                                                                             Amount
                                                                                                                                           Funding
    Functions/tasks/activities/                                                                    For Imple-      For                    Mechanism
            remedies                                                                 Document      mentation     Oversight     ($)

                                       US DOE lead                                     O&M
Preparation of initial LTS                                      State/Local                                                     To be
                                        State/Local                                  Agreement       DOE           DOE                       ??
Plan                                                            government.                                                  determined
                                     government/Public

Engineered/physical controls,     DOE or successor Federal                             O&M                                      To be
                                                                USEPA/State                          DOE           DOE                       ??
incl. Inspection & maintenance            Agency                                     Agreement                               determined

Institutional Controls, e.g.,                                Overall: State/Local   State and
 1. zoning                           Local government         Local government      Local
                                     Local government         Local government      Regulations;
 2. building permits                DOE, Owner & Local           DOE/Local          ROD (Quit
 3. deed notices                                                                                                                To be
                                        government              government          Claim Deed)      DOE           DOE                       ??
                                                                                                                             determined
 4. easement/covenant               DOE, Owner & Local        DOE, State/Local      and
 5. well drilling                       government              government          Annual O&M
restrictions etc.                    State water agency          State/Local        Report
                                                                government

Record keeping &                  DOE or successor Federal                             O&M                                      To be
                                                                    State            Agreement       DOE           DOE                       ??
reporting                                 Agency                                                                             determined

                                  DOE or successor Federal                             O&M                                      To be
Information management                    Agency
                                                                     ??
                                                                                     Agreement
                                                                                                     DOE           DOE
                                                                                                                             determined
                                                                                                                                             ??

                                  DOE or successor Federal                             O&M                                      To be
Environmental monitoring                  Agency
                                                                    State
                                                                                     Agreement
                                                                                                     DOE           DOE
                                                                                                                             determined
                                                                                                                                             ??

                                                                    Local              O&M
                                   DOE with Federal/State                                                                       To be
Emergency response                 and Local government
                                                              government/State/      Agreement       DOE           DOE
                                                                                                                             determined
                                                                                                                                             ??
                                                             Federal and USEPA
                                                                State/Local            O&M
                                  DOE or successor Federal                                                                      To be
Non-routine fixes                                             government and         Agreement       DOE           DOE
                                          Agency
                                                                 USEPA
                                                                                                                             determined   24 ??
                                  DOE or successor Federal   All parties to O&M        O&M                                     To be
Public education                                                                                     DOE            ??                       ??
   What’s                                                               Who is Responsible?
  Required?                           Implementing it             Overseeing it
                                                                                     Enforcement
                                                                                     Mechanism/
                                                                                                           Funding Source             Funding
                                                                                                                                      Amount
                                                                                                                                                    Funding
   Functions/tasks/activities/                                                                         For Imple-        For                       Mechanism
           remedies                                                                   Document         mentation       Oversight        ($)




                                  DOE or successor Federal                               O&M                                           To be
Compliance monitoring                     Agency
                                                                      State                               DOE            DOE
                                                                                                                                     determined
                                                                                                                                                        ??
                                                                                       Agreement

                                                                                     Federal/State
                                                                                     and Local
                                  DOE or successor Federal
Enforcement of ICs and                                                               Regulations                                       To be
                                      Agency (Primary)            USEPA/State                             DOE            DOE
monitoring                                                                           ROD (one                                        determined
                                   State/Local government
                                                                                     and five year
                                                                                     reviews)

Cultural resource
                                       Not Applicable                                                                                                   ??
management

Periodic reassessment
(including revision & update                                                             O&M
                                  DOE or successor Federal                             Agreement                                       To be
of LTS plan)                                                          State                               DOE            DOE                            ??
                                          Agency                                                                                     determined
Initial interval is: __? Years
or as needed

Administration of                               ??                                       O&M                                           To be
                                                                       ??              Agreement          DOE             ??                            ??
funding                             (If trust, then trustee)                                                                         determined

NOTES: 1. The various functions of the ―steward‖ could be carried out by more than one entity.
2.  This table does not distinguish between the entity that is responsible for the function and any agent (contractor) of that entity.
3.  An additional level of detail beyond this table would be to identify what specific subdivision of the entities shown (i.e., DOE, Local Government, State,
    EPA) would be responsible.
4.  PRP means potentially responsible party (in general, this is DOE for a DOE-owned site).
5.  In general, funding mechanisms are not yet determined; therefore the responsible entity cannot yet be identified.
6.  The entity listed under ―overseeing it‖ is intended to be the entity with legal oversight authority/responsibility. This is not meant to exclude informal
    oversight by the public and/or other organizations.                                                                                                   25
7.  This document has not been reviewed by or concurred with by DOE-MEMP.
 Other-Than-SNF-and-HLW Team
• Immediate Risk Reduction Action Plans
  (IRRAPs):
  – Green is Clean: Minimizing Waste Generation
  – Dedicated Use
  – Surface Decontamination
  – Blanket Exemptions: Expediting Waste
    Disposition
  – Environmental Management Consolidated
    Audit Program
                                              26
  FY 2004 DOE-EM Budget (5/03)
• FY-’04 budget proposes an increase to $7.24
  billion from $6.99 billion approved for EM-’03
  budget.
• Intergovernmental Group conference call with
  Jessie Roberson on February 11th to discuss the
  EM ’04 budget
• Changes to FY-’04 budget:
  – New office of Legacy Management
  – No Clean-up Reform Account
  – Etc. . .
• Performance measures included                 27

				
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