Complying with the CAA Substantive Requirements under CERCLA at the Hanford Site

摘要

The Hanford Site, a Department of Energy (DOE) facility, is located in south-central Washington State and covers 560 square miles of semi-arid grasslands. This land, with restricted public access, provides a buffer for the smaller areas historically used for the production of nuclear materials used for national defense, waste storage, and waste disposal. DOE has phased out the defense production mission, with new emphasis being placed on research and development, cleanup of waste resulting from past operations (environmental restoration), and waste management. In support of the new mission, the DOE, U.S. Environmental Protection Agency (EPA) and State of Washington Department of Ecology (Ecology) developed a legally binding Tri-Party Agreement (TPA) to establish how the Hanford Site will be cleaned up while meeting all applicable regulations. Many areas at the Hanford Site have been designated for cleanup under the Comprehensive Response, Compensation, and Liability Act of 1980 (CERCLA) program (Superfund). CERCLA requires that all cleanup actions comply with the substantive requirements of those federal, stale, and local regulations determined to be applicable or relevant and appropriate requirements (ARARs). CERCLA exempts cleanup actions conducted onsite from obtaining federal, state, and local permits. One example of how the environmental restoration program at the Hanford Site is achieving the cleanup mission while complying with ARARs is the process established to meet the Clean Air Act substantive requirements. For Clean Air Act purposes, types of ARARs include technology based and design performance standards (i.e. best available control technologies), and numerical standards for air pollutants. Complying with the ARARs requires coordination with the Tri-Parties to confirm that substantive standards are met. The process to obtain this confirmation has been streamlined such that the involvement of the appropriate regulatory office responsible for the specific ARAR is early and proactive. This proactive involvement has fostered an atmosphere of open communication and trust, which results in the quick support for confirming compliance with the ARARs. At the Site, confirmation of ARARs has been achieved in a matter of days. The willingness to work together results in cost cost-effective, environmentally safe and efficient cleanup practices. This commitment by the DOE and regulators can provide a working example for others involved in environmental cleanup.