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Executive Summary

The Oak Ridge Reservation (ORR) encompasses about 35,500 acres in Oak Ridge, Tennessee, with virtually the entire area lying within the city limits. The ORR is one of the largest U.S. Department of Energy (DOE) sites in the nation, with three major missions, one at each of the major facilities.

DOE's Oak Ridge Operations (ORO) and the city itself were built in the 1940s as part of the top-secret Manhattan Project, the United States' all-out effort to develop the atomic bomb. At that time, the Oak Ridge plants had two missions: production of uranium enriched in the fissionable U-235 isotope, and research and development of bomb-related technologies. Two of the plants, K-25 and Y-12, worked on uranium enrichment, although Y-12's focus soon turned to manufacturing components for nuclear weapons. The third plant, X-10, was responsible for weapons research and development, a mission that included the development of methods to purify plutonium. X-10 is now known as Oak Ridge National Laboratory (ORNL).

Today, these facilities have very different missions. K-25 has been renamed East Tennessee Technology Park (ETTP) and is dedicated to Environmental Management (EM). The job of enriching uranium has been moved to gaseous diffusion plants in Portsmouth, Ohio, and Paducah, Kentucky, both of which are managed by ORO. The Y-12 Plant's current missions include disassembly of nuclear weapons, storage of highly enriched uranium, and initiatives that draw on the machining expertise of its workers. ORNL has a variety of responsibilities: production of radioactive isotopes for research and medical uses, and general research and development in many scientific and technical fields.

Land has been contaminated around all three sites. The ORR generated and received radioactive, hazardous and mixed wastes that for decades were improperly handled or disposed of, resulting in releases to the environment. This is why the Reservation is on the U.S. Environmental Protection Agency's (EPA) National Priorities List (NPL).

Work performed at the ORR is governed by federal and state laws and regulations, as well as by internal DOE orders and polices. The Reservation is closely regulated in areas such as worker safety and exposure to radiation and hazardous substances; handling and disposal of hazardous, radioactive, and mixed wastes; emissions from the plants; and cleanup of contaminated buildings and land.

When the Cold War ended, the resulting "peace dividend" meant that funding for nuclear weapons decreased dramatically. Funding for EM work has also declined, and this has affected schedules and challenged the ability of DOE and its contractors to accomplish necessary cleanup activities. The complex has been beset by layoffs, and the future is uncertain. This is the current context in which the State must oversee the environmental well being of the greater Oak Ridge region.

Tennessee Oversight Agreement

DOE and the State of Tennessee signed the Tennessee Oversight Agreement (TOA) on May 13, 1991, and the DOE Oversight Division (the Division) was then created within the Tennessee Department of Environment and Conservation (TDEC).

The TOA directs DOE to provide technical and financial support for several State initiatives: independent environmental monitoring, emergency response, representation of local government concerns on DOE issues, and review of remediation projects to ensure legal and regulatory compliance. The TOA's overall purpose is to provide an independent mechanism to protect the health, safety and environment of the Tennessee citizens during environmental restoration and ongoing activities at the ORR.

The Federal Facilities Agreement (FFA) is the other legal document that ensures the State will have input into DOE's cleanup decisions. Signed in 1992, the FFA established a formal relationship between the State, DOE and the U.S. Environmental Protection Agency. The FFA lays out objectives and schedules that DOE is legally obligated to achieve.

The Division has five program sections: Environmental Monitoring and Compliance, Environmental Restoration, Radiological Monitoring and Oversight, Waste Management, and Administration. Each has a role in implementing the requirements of the TOA and FFA.

Local Government and Stakeholder Participation

The State and the Division believe that citizens and local governments should have a voice in DOE's decision-making process. There are currently several mechanisms in place that support such participation. The Oak Ridge Reservation Local Oversight Committee, Inc., (LOC) was created under the TOA as a way for local government officials to provide input into ORR Environmental Management decisions and as a mechanism for improving communication among local, state and federal decision makers.

In April of 1995, the LOC's 20-member Citizens' Advisory Panel (CAP) met for the first time. Composed of volunteers from the greater Oak Ridge region, the CAP studies ORR issues and makes recommendations to the LOC, the Division, and DOE. Also in 1995, DOE initiated the Oak Ridge Reservation Environmental Management Site Specific Advisory Board (ORREMSSAB), a group of stakeholders that operates under the Federal Facilities Advisory Act. The Division holds an ex officio seat on ORREMSSAB. Two other formal boards that oversee relevant DOE actions are the City of Oak Ridge Environmental Quality Advisory Board (EQAB) and the Roane County Environmental Review Board (RCERB).

One major stakeholder-led initiative has helped DOE look to the future. In June 1998, the End Use Working Group wrapped up a year and a half of deliberations. The group looked at the levels of risk for contaminated lands that would be broadly acceptable to the community after remediation is complete. In addition, the group developed a blueprint for long-term stewardship of sites that may remain contaminated.

Electronic methods of communication are radically changing the way information is obtained and transferred. Most of the oversight groups, governmental boards, and state offices now maintain Web sites. DOE also has posted much useful information on the World Wide Web regarding its EM program.

Major Findings

Environmental problems at the Oak Ridge Reservation have received a great deal of press attention in the past two years, attention that includes many allegations of health risks associated with pollution at the complex. The situation is complicated by DOE plans to offset budget-related job losses by allowing private industry more access to Reservation buildings and resources.

Contaminant releases from the ORR, and the potential harm these releases may do to workers and nearby residents, have been studied not only by DOE, but also by hundreds of scientists, engineers and health professionals from independent agencies and organizations. The Tennessee Department of Health manages the Oak Ridge Health Studies, a TOA-funded program that is estimating exposure and likely health effects on nearby residents for several hazardous and radioactive materials (see the chapter on Health Studies & Emergency Response). The studies are guided by the Oak Ridge Health Agreement Steering Panel, a group of experts and local residents.

The potential links between exposures and health impacts have also been investigated by universities, non-profit institutes and federal agencies such as the Agency for Toxic Substances and Disease Registry and the National Institute for Occupational Safety and Health. These investigations have looked at exposures both in the workplace and in the community, and the Division supports these efforts by providing data to the research teams.

DOE releases low levels of contaminants to the air and water, treats radioactive and hazardous wastes, and disposes of solid wastes as it continues its missions on the ORR. TDEC and EPA issue permits for these releases, treatment efforts, and disposal activities, and the Division collects data to determine if DOE is in compliance. In general, the Division finds that DOE is meeting the requirements of its state and federal permits.

Based on its own monitoring and oversight of DOE, the Division has found no imminent threats to public health from present ORR activities. DOE and its contractors have made a commitment to health and safety in their daily operations and have implemented procedures to minimize the possibility of unanticipated releases. With respect to wastes already on hand and those still being generated, DOE must minimize risks to the public and workers by applying technically appropriate treatment, storage, transportation, and disposal options. Tennessee is committed to working with DOE, EPA, other states, and local stakeholders to identify the alternatives that meet stringent health and safety standards.

Past operations have left wastes in unacceptable locations, which contribute to contamination moving off site. Most of the historical waste storage and disposal facilities on the ORR were not properly designed for long-term storage or permanent disposal, and in many cases they have become current sources of groundwater, soil, and surface water contamination. These sites must be cleaned up or safely and permanently contained. Additionally, dangerous materials such as uranium hexafluoride, highly enriched uranium, and metallic lithium are stored on the reservation. These materials could pose a serious risk if controls are breached where they are now stored.

Since 1995, DOE has been decreasing the ORR's inventory of mixed radioactive and hazardous waste through a variety of treatment techniques and by transportation to Envirocare, a commercial disposal site in Utah. A linchpin of DOE's effort has been use of the TSCA Incinerator, located at ETTP. The inventory of liquid wastes on the Reservation has largely been destroyed, and current efforts are to burn the remaining solid wastes. The TSCA Incinerator has been a focal point of citizen concern regarding health effects, but all tests and audits indicate that its emissions are well below permit levels. Nonetheless, the State opposes DOE's efforts to expand use of the incinerator to wastes from sites not managed by ORO until such time as DOE addresses Tennessee's concerns on funding, equity, cleanup levels, disposal, stewardship, health and safety. Additionally, the State is on record as opposing any future use of the ORR as a national or regional waste disposal site

DOE ORO is moving forward with reindustrialization of ETTP as a solution to job losses in the federal sector. In some cases, the private industries are trading decontamination activity in leased areas for decreased rents. In general, the State supports this effort. Reindustrialization does not, however, relieve DOE of its legal responsibility to ensure that cleanup of the buildings and adjacent contaminated lands meets acceptable standards.

Key Issues and Challenges

Tennessee, DOE and the EPA have been working together to resolve the Oak Ridge Reservation's environmental problems since 1983. At that time it was discovered that massive quantities of mercury had been released from the Y-12 Plant down East Fork Poplar Creek. In addition, court action required DOE to comply with federal and State laws and regulations.

Over time this relationship has evolved into a model for other DOE sites, states, and EPA regional offices. This model is notable for promoting open lines of communication, respect for differing points of view, and mutual interest in accomplishing site cleanups. Cooperation between the agencies has led to the closure of a number of sites and the achievement of significant milestones.

New challenges arise each year, and this year the task is complicated by a transition in Oak Ridge's Environmental Management contract, from a management and operations contractor to a management and integrating (M&I) contractor. The new M&I contractor, Bechtel Jacobs Company (BJC), is charged with reducing overhead costs by subcontracting virtually all EM activities, while ensuring that standards of quality, health and safety, and regulatory compliance are maintained. BJC must also coordinate EM activities with the Lockheed Martin companies currently managing operations at ORNL and Y-12.

The challenges facing the DOE, EPA, and the State are daunting:

• Providing adequate, long-term level funding for DOE's Oak Ridge EM activities in the face of falling appropriations;
• Achieving remedies that will minimize the use of institutional controls such as guards, fences and deed restrictions;
• When long-term stewardship is necessary, providing a funding mechanism for perpetual institutional controls and other stewardship activities;
• Ensuring that facility reuse and site reindustrialization do not occur without associated cleanups;
• Achieving a clear consensus on an on-site disposal option for wastes generated by site remediation activities;
• Assisting with economic revitalization as the number of federal-sector jobs diminishes, including retraining workers who have lost their jobs due to downsizing;
• Factoring equity issues at the national level into DOE decisions that will affect Tennessee;
• Removing legal obstacles to the shipment of Reservation wastes to off-site DOE-owned storage and disposal facilities; and
• Coordinating the State oversight and permitting of subcontractor activities formerly performed by DOE and its principal contractors.

Download the report in PDF format (1.2 MB).

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