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1999 TDEC
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March 2000

In this issue:


From the Executive Director

Stewardship: An issue whose time has come

By Susan Gawarecki

Stewardship has to this point been treated as a distant concept--a recognition that some time in the far future, the Oak Ridge community will have to keep track of contamination that stays on the Reservation. In this view, DOE may or may not exist at that time, and records will be managed to ensure that the public is not exposed to residual contamination.

Recently, however, it has become clear that this vision is outdated. Stewardship issues are arising regularly with respect both to DOE lands and to the potential for public exposure to contamination. Here are a few examples:

Boeing Property

The recent debate over rezoning of the Boeing property is really a stewardship issue; it's not about the Boeing site alone. Lakefront property adjoining the Boeing tract, a necessary ingredient for Oak Ridge Properties to accomplish its planned development, still belongs to DOE. This 182 acres, representing the 500-year floodplain, can be transferred to the developers only if it is uncontaminated. From the aerial radiological survey, we know that there is a gamma signature for cesium-137; the real question is whether the levels are below the cutoff point thought to represent an insignificant risk for residential and recreational use. If so, the transfer will go through; if not, DOE must remediate the parcel before transferring it.

Assuming the land is developed according to plan (a plan that includes high-end lakefront housing) will the developers disclose the presence of cesium-137? Considering the level of public concern over all things radioactive, even safe levels may discourage potential residents.

Parcel A

Parcel A, an uncontaminated DOE property, was transferred to the City of Oak Ridge under the city's self-sufficiency agreement with DOE. A clause in the deed states: "All structures, facilities, and improvements requiring a water supply shall be required to be connected to the GRANTEE'S approved water system for any and all usage."

This rather oblique requirement essentially forbids the use of well water or water pumped from Melton Lake for non-potable water purposes. While the golf course was under development, the contractor drilled a well, with the intent of using it for irrigation of the greens. DOE's real estate officer contacted DOE's legal council, who met with City Council and the developer. In the end, expensive city water must be used to water the grass. This same requirement is attached to all land relinquished by DOE. In the future, who will ensure that property users comply with this deed restriction? How will it be enforced?

Widening of Highway 58

Bridge work has begun on the Highway 58 span that crosses the Clinch River adjacent to East Tennessee Technology Park. This work, requiring a permit from the Tennessee Valley Authority, triggered a review by a multi-agency task force concerned with preventing disturbance of cesium-contaminated sediments. Reference to existing studies showed that this stretch of the Clinch River had no accumulation of sediment and, consequently, no contamination, so work was allowed to proceed.

Other examples and questions have arisen:

  • Signs discourage water contact and fish consumption on Lower East Fork Poplar Creek. Who is responsible for maintaining these signs? Is the contamination status regularly evaluated to ensure that the signs are still necessary?
  • The state and DOE have signed a precedent-setting agreement for the on-site waste disposal cell in Bear Creek Valley. Under this agreement, DOE will pay $14 million over 14 years to establish a state-administered trust fund. The fund will provide for long-term surveillance and maintenance of the waste disposal cell. Will this amount cover the long-term needs, and will the state manage and expend the funds appropriately?

Oak Ridge's stakeholders have taken the lead nationally in developing a stewardship model for our DOE community. Only with this in-depth study do we now understand the complexity of stewardship issues and their implications for all types of local activity. We need to recognize that stewardship is a current concern, not just a future one, and that DOE's environmental management decisions must ensure that both short- and long-term considerations are addressed adequately.

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Leah Dever's public participation statement

LOC applauds approach

Leah Dever, Manager of DOE Oak Ridge Operations (ORO), issued a policy statement on public involvement late last year (see below). This policy is to be implemented by ORO senior managers across all programs. The LOC applauds this step; in the past only Environmental Management (EM) was committed to complete public involvement in its decision making.

That EM has benefitted from public involvement is without question. Not only has the program leveraged citizens' time and effort to resolve a number of important policy questions, but also a mutual respect has evolved. This has led to strong community support for the EM budget and more defensible remediation decisions.

ORO Policy Statement on Public Involvement

Public involvement in government affairs is one of this Nation's most treasured civic processes. Each ORO program and matrix organization will identify meaningful opportunities to involve the public in Departmental decisions that impact stakeholders and communities at all ORO sites. While many laws are in place that require government agencies to hold public meetings and comment periods, ORO will go beyond the minimum regulatory requirements. We will develop relationships and ongoing dialogue with stakeholders at each of our sites with the objective of enabling more effective public participation in our activities. Public involvement is an integral and effective part of ORO's activities. Decisions are made with the benefit and consideration of the public, as appropriate. The Public Affairs Office has the lead responsibility for coordinating public involvement activities. Each program and support organization is expected to actively participate as opportunities are identified to present the Department's message and engage in meaningful dialogue. To ensure accountability to the public, activities that involve significant public interaction will be noted in weekly reports to the Manager. Commitment of staff and financial resources necessary to implement this policy is required by all ORO organizations.
DOE-wide Policy Reference: DOE P 1210.1

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Hot Flashes

Get your TDEC report

The Tennessee Department of Environment and Conservation's DOE Oversight Division has released its 1999 "Status Report to the Public," and it is now available from the LOC. Every year, LOC staff, assisted by TDEC's summer intern and editorial consultant Leo Williams, produce this comprehensive report. This document provides a good overview of the progress made on the Oak Ridge Reservation, results of monitoring activities, and key challenges. The report can be requested by calling 865-483-1333 or can be downloaded from the LOC's Web site.

An even spiffier Web site

The Local Oversight Committee's Web site has some new features. You now have the ability to search the site for a specific topic. Webmaster Leo Williams has also added photos from TDEC's 1999 Status Report to the home page. A new photo will appear each time the page is accessed. Of course, each newsletter is accessible at our Web site, and there are links to a number of other related Internet resources. Your input on how we can make this site more useful and attractive is welcome.

ATSDR committee in OR

The Agency for Toxic Substances and Disease Registry has finally come to a decision. The agency will establish an Oak Ridge Reservation Health Effects Subcommittee, to be chartered under the Citizens Advisory Committee on Public Health Service Activities and Research at Department of Energy Sites. This subcommittee will provide advice and recommendations on ATSDR and CDC (Centers for Disease Control) public health activities and research connected with the ORR. A public meeting will initiate the process of establishing the ORR Health Effects Subcommittee. The meeting will be held on Thursday, March 2, 2000, from 6:30-8:30 p.m. at the Oak Ridge Mall Club Room. The LOC had requested that such a subcommittee be formed, and we applaud ATSDR's decision.

Burial ground ROD

DOE, EPA, and TDEC have signed the K-1070-A Burial Ground Record of Decision. This important ROD is a positive step forward in the remediation of ETTP.

Waste cell makes progress

The EM Waste Management Facility, also known as the Bear Creek Valley Waste Cell (or on-site disposal cell), is progressing nicely. The subcontract for completing the design, construction, operation, and closing of the first 400,000 cubic yards of the waste cell was awarded to Waste Management Federal Services. Sixty percent of the design will be completed by the end of February 2000. As a measure of this project's importance, representatives from DOE, the contractor, EPA, and TDEC meet regularly to address remedial-design issues as they arise.

Did you know ... ?

  • that the Oak Ridge Reservation contributed less than 25 percent of the PCBs found downstream in the Clinch and Tennessee Rivers? A much larger proportion came from a variety of industrial sources upstream from the Reservation.
  • that the community guidelines and watershed end use recommendations formulated by the End Use Working Group are being incorporated in DOE's CERCLA documents and are being used as a basis for remediation decisions?
  • that the nuclear industry is stringently regulated and limited to what can be released to the environment? The fossil fuel industry releases many of the same pollutants, but it is almost unregulated for the release of many harmful substances, including radioactive uranium and thorium.

Alphabet Soup

(Initials and acronyms to make this newsletter and other DOE-related documents easier to read)

ATSDR = Agency for Toxic Substances and Disease Registry
CERCLA = Comprehensive Environmental Response, Compensation, and Liability Act (also known as "Superfund")
EM = Environmental Management
EPA = U.S. Environmental Protection Agency
ETTP = East Tennessee Technology Park (formerly the K-25 Site)
LOC = Oak Ridge Reservation Local Oversight Committee, Inc.
ORO = DOE's Oak Ridge Operations office
ORR = Oak Ridge Reservation
PCBs = Polychlorinated Biphenyls
ROD = Record of Decision
TDEC = Tennessee Department of Environment and Conservation

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