CHAPTER 5.0 ENVIRONMENTAL, OCCUPATIONAL SAFETY & HEALTH PERMITS, AND COMPLIANCE REQUIREMENTS

Chapter 5 identifies the environmental, occupational safety and health permits, and compliance requirements associated with the proposed action as specified by the major Federal and state statues, regulations, orders, and agreements.

5.1 Introduction and Purpose

Chapter 5 provides information concerning the environmental standards and statutory requirements that impact the various stockpile stewardship and management facilities to the extent necessary to assist in making programmatic-level decisions. It presents some of the more important regulatory requirements associated with the proposed action by identifying the applicable environmental statutes, regulations, and approval requirements. These requirements are found in Federal and state statutes, regulations, permits, approvals, and consultations, as well as in Executive and Department of Energy (DOE) Orders, Consent Orders, Federal Facility Agreements, Federal Facility Compliance Agreements, and Agreements In Principle. These documents provide the standard for evaluating the ability of alternative sites to meet the environment, safety, and health (ES&H) requirements and for obtaining required Federal and state permits and licenses necessary to implement programmatic decisions. The remainder of the chapter provides historical background on environmental protection at nuclear weaons production facilities, explains the concept of shared Federal and state enforcment, and sumarizes compliance with occupational safety and health requirements.

Compliance with the applicable requirements of each of the major environmental statutes, regulations, or orders in the tables would allow DOE to construct and operate the stockpile stewardship and management facilities to meet existing ES&H requirements. To be environmentally sound, programmatic decisions must also plan for future ES&H considerations and requirements described in section 3.3 of the Nuclear Weapons Complex Reconfiguration Study (DOE/DP-0083) in order for the stockpile stewardship and management facilities to accomplish their mission in a timely and cost-effective manner.

5.2 Background

Since the majority of the Nuclear Weapons Complex (Complex) facilities were constructed in the 1940s and 1950s before the advent of today's environmental and worker health requirements, safety and the ability to satisfy national security requirements played dominant roles in the design and operation of these major industrial plants; however, with the emerging awareness of environmental and health-related issues and the enactment of environmental and worker health programs, DOE shifted a great deal of its resources into programs designed to achieve compliance with all applicable Federal, state, and local ES&H requirements. Today, many government agencies at the Federal, state, and local levels have regulatory authority over DOE facility operations. DOE has entered into enforceable compliance agreements with the regulators at most of its facilities. These agreements detail specific programs, funding levels, and schedules for achieving compliance with applicable ES&H statutory and regulatory requirements.

All newly constructed and modified facilities must comply with the increasing number and complexity of environmental regulations. The application of constantly changing requirements to facilities that are more than 40 years old makes it difficult to achieve compliance quickly. These older facilities generally do not meet all current standards for seismic design, fire protection, and environmental protection (air emissions, liquid effluents, and the management of solid and hazardous wastes). However, modernization of facilities to meet all applicable ES&H requirements now and into the 21st century and the development of a system to adequately manage the wastes generated by these facilities would take place regardless of the proposed action addressed in this programmatic environmental impact statement (PEIS).

5.3 Environmental Statutes, Orders, and Agreements

The Atomic Energy Act of 1954, as amended, directs DOE to protect public health and minimize dangers to life or property with respect to activities under its jurisdiction. The Environmental Protection Agency (EPA), under authority of the Atomic Energy Act, has set radiation protection standards for workers and the public. EPA has also promulgated Federal environmental regulations and implemented statutes to protect the environment and to control the generation, handling, treatment, storage, and disposal of hazardous materials and waste substances.

Because of their length, and for ease of reading, all tables in this chapter are presented consecutively at the end of the text. Table 5.3-1 lists the applicable Federal environmental statutes, regulations, and Executive Orders, and also identifies the associated permits, approvals, and consultations generally required to site, construct, or operate stockpile stewardship and management facilities. Except for limited Presidential exemptions, Federal agencies must comply with all applicable provisions of Federal environmental statutes and regulations, in addition to all applicable state and local requirements. DOE is committed to fully complying with all applicable environmental statutes, regulatory requirements, and Executive and internal orders. Table 5.3-2 lists selected DOE ES&H orders that apply to all sites, but which may affect each site differently.

Table 5.3-1. Federal Environmental Statutes, Regulations, and Orders

Resource Category	Statute/Regulation/Order	Citation	Responsible Agency	PEIS-Level Potential Applicability: Permits, Approvals, Consultations, and Notifications
Air resources	Clean Air Act (CAA), as amended	42 USC §§7401 et seq.	EPA	Requires sources to meet standards and obtain permits to satisfy: National Ambient Air Quality Standards (NAAQS), State Implementation Plans, Standards of Performance for New Stationary Sources, National Emission Standards for Hazardous Air Pollutants (NESHAP), and Prevention of Significant Deterioration.
	National Ambient Air Quality Standards/State Implementation Plans	42 USC §§7409 et seq.	EPA	Requires compliance with primary and secondary ambient air quality standards governing sulfur dioxide , nitrogen oxide , carbon monoxide, ozone , lead, and particulate matter and emission limits/reduction measures as designated in each state's implementation plan.
	Standards of Performance for New Stationary Sources	42 USC §7411	EPA	Establishes control/emission standards and recordkeeping requirements for new or modified sources specifically addressed by a standard.
	National Emission Standards for Hazardous Air Pollutants	42 USC §7412	EPA	Requires sources to comply with emission levels of carcinogenic or mutagenic pollutants; may require a preconstruction approval, depending on the process being considered and the level of emissions that will result from the new or modified source.
	Prevention of Significant Deterioration	42 USC §§7470 et seq.	EPA	Applies to areas that are in compliance with NAAQS. Requires comprehensive preconstruction review and the application of Best Available Control Technology to major stationary sources (emissions of 100 t/year) and major modifications; requires a preconstruction review of air quality impacts and the issuance of a construction permit from the responsible state agency setting forth emission limitations to protect the Prevention of Significant Deterioration increment.
	Noise Control Act of 1972	42 USC §§4901 et seq.	EPA	Requires facilities to maintain noise levels that do not jeopardize the health and safety of the public.
Water resources	Clean Water Act (CWA)	33 USC §§1251 et seq.	EPA	Requires EPA or state-issued permits and compliance with provisions of permits regarding discharge of effluents to surface waters.
	National Pollutant Discharge Elimination System (NPDES) (section 402 of CWA)	33 USC §1342	EPA	Requires permit to discharge effluents (pollutants) and stormwaters to surface waters; permit modifications are required if discharge effluents are altered.
	Dredged or Fill Material - (section 404 of CWA)/ Rivers and Harbors Appropriations Act of 1899	33 USC §1344/ 33 USC §§401 et seq.	U.S. Army Corps of Engineers	Requires permits to authorize the discharge of dredged or fill material into navigable waters or wetlands and to authorize certain work in or structures affecting navigable waters.
Water resources (continued)	Wild and Scenic Rivers Act	16 USC §§1271 et seq.	Fish and Wildlife Service (USFWS), Bureau of Land Management, Forest Service, National Park Service	Consultation required before construction of any new Federal project associated with a river designated as wild and scenic or under study in order to minimize and mitigate any adverse effects on the physical and biological properties of the river.
	Safe Drinking Water Act (SDWA)	42 USC §§300f et seq.	EPA	Requires permits for construction/operation of underground injection wells and subsequent discharging of effluents to ground aquifers.
	Executive Order 11988: Floodplain Management	3 CFR, 1977 Comp., p. 117	Water Resources Council, Federal Emergency Management Agency, Council on Environmental Quality (CEQ)	Requires consultation if project impacts a floodplain.
	Executive Order 11990: Protection of Wetlands	3 CFR, 1977 Comp., p. 121	U.S. Army Corps of Engineers/USFWS	Requires Federal agencies to avoid the long- and short-term adverse impacts associated with the destruction or modification of wetlands.
	Compliance with Floodplain/Wetlands Environmental Review Requirements	10 CFR 1022	DOE	Requires DOE to comply with all applicable floodplain/wetlands environmental review requirements.
Hazardous wastes and soil resources	Resource Conservation and Recovery Act (RCRA)/Hazardous and Solid Waste Amendments of 1984	42 USC §§6901 et seq./PL 98-616	EPA	Requires notification and permits for operations involving hazardous waste treatment, storage, or disposal facilities; changes to site hazardous waste operations could require amendments to RCRA hazardous waste permits involving public hearings.
	Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA)/Superfund Amendments and Reauthorization Act of 1986 (SARA)	42 USC §§9601 et seq./PL 99-499	EPA	Requires cleanup and notification if there is a release or threatened release of a hazardous substance; requires DOE to enter into Interagency Agreements with EPA and state to control the cleanup of each DOE site on the National Priorities List (NPL).
	Executive Order 12580: Superfund Implementation	3 CFR, 1987 Comp., p. 193	EPA	DOE shall comply with the National Contingency Plan (NCP) in addition to the other requirements of the order, as amended.
Hazardous wastes and soil resources (continued)	Community Environmental Response Facilitation Act	PL 102-426	EPA	Amends CERCLA (40 CFR 300) to establish a process for identifying, prior to the termination of Federal activities, property that does not contain contamination. Requires prompt identification of parcels that will not require remediation to facilitate the transfer of such property for economic redevelopment purposes.
	Farmland Protection Policy Act of 1981	7 USC §§4201 et seq.	Soil Conservation Service	DOE shall avoid any adverse effects to prime and unique farmlands.
	Federal Facility Compliance Act of 1992	42 USC §6961	States	Waives sovereign immunity for Federal facilities under RCRA and requires DOE to develop plans and enter into agreements with states as to specific management actions for specific mixed waste streams.
Biotic resources	Fish and Wildlife Coordination Act	16 USC §§661 et seq.	USFWS	Requires consultation on the possible effects on wildlife if there is construction, modification, or control of bodies of water in excess of 10 acres (4 ha) in surface area.
	Bald and Golden Eagle Protection Act	16 USC §§668 et seq.	USFWS	Consultations should be conducted to determine if any protected birds are found to inhabit the area. If so, DOE must obtain a permit prior to moving any nests due to construction or operation of project facilities.
	Migratory Bird Treaty Act	16 USC §§703 et seq.	USFWS	Requires consultation to determine if there are any impacts on migrating bird populations due to construction or operation of project facilities. If so, DOE will develop mitigation measures to avoid adverse effects.
	Wilderness Act of 1964	16 USC §§1131 et seq.	Department of Commerce and Department of the Interior	DOE shall consult with the Department of Commerce and Department of the Interior and minimize impact.
	Wild Free-Roaming Horses and Burros Act of 1971	16 USC §§1331 et seq.	Department of the Interior	DOE shall consult with Department of the Interior and minimize impact.
	Endangered Species Act of 1973	16 USC §§1531 et seq.	USFWS/National Marine Fisheries Service	Requires consultation to identify endangered or threatened species and their habitats, assess DOE impacts thereon, obtain necessary biological opinions, and, if necessary, develop mitigation measures to reduce or eliminate adverse effects of construction or operations.
Cultural resources	National Historic Preservation Act of 1966, as amended	16 USC §§470 et seq.	President's Advisory Council on Historic Preservation	DOE shall consult with the State Historic Preservation Office (SHPO) prior to construction to ensure that no historical properties will be affected.
	Archaeological and Historical Preservation Act of 1974	16 USC §§469 et seq.	Department of the Interior	DOE shall obtain authorization for any disturbance of archaeological resources.
Cultural resources (continued)	Archaeological Resources Protection Act of 1979	16 USC §§470aa et seq.	Department of the Interior	DOE shall obtain authorization for any excavation or removal of archaeological resources.
	Antiquities Act	16 USC §§431-33	Department of the Interior	DOE shall comply with all applicable sections of the act.
	American Indian Religious Freedom Act of 1978	42 USC §1996	Department of the Interior	DOE shall consult with local Native American Indian tribes prior to construction to ensure that their religious customs, traditions, and freedoms are preserved.
	Native American Graves Protection and Repatriation Act of 1990	25 USC §3001	Department of the Interior	DOE shall consult with local Native American Indian tribes prior to construction to guarantee that no Native American graves are disturbed.
	Executive Order 11593: Protection and Enhancement of the Cultural Environment	3 CFR 154, 1971-1975 Comp., p. 559	Department of the Interior	DOE shall aid in the preservation of historic and archaeological data that may be lost during construction activities.
Worker safety and health	Occupational Safety and Health Act (OSHA)	5 USC §5108	OSHA	Agencies shall comply with all applicable worker safety and health legislation (including guidelines of 29 CFR 1960) and prepare, or have available, Material Safety Data Sheets.
	Hazard Communication Standard	29 CFR 1910.1200	OSHA	DOE shall ensure that workers are informed of, and trained to handle, all chemical hazards in the DOE workplace.
Other	Atomic Energy Act of 1954	42 USC §2011	DOE	DOE shall follow its own standards and procedures to ensure the safe operation of its facilities.
	National Environmental Policy Act (NEPA)	42 USC §§4321 et seq.	Council on Environmental Quality (CEQ)	DOE shall comply with NEPA implementing procedures in accordance with 10 CFR 1021.
	Uranium Mill Tailings Radiation Control Act of 1978	42 USC §§7901 et seq.	EPA	DOE shall enforce and implement health and environmental standards and acquire licenses when required.
	Toxic Substances Control Act (TSCA)	15 USC §§2601 et seq.	EPA	DOE shall comply with inventory reporting requirements and chemical control provisions of TSCA to protect the public from the risks of exposure to chemicals; TSCA imposes strict limitations on use and disposal of polychlorinated biphenyl-contaminated equipment.
	Hazardous Materials Transportation Act	49 USC §§1801 et seq.	Department of Transportation (DOT)	DOE shall comply with the requirements governing hazardous materials and waste transportation.
	Hazardous Materials Transportation Uniform Safety Act of 1990	49 USC §1801	DOT	Restricts shippers of highway route-controlled quantities of radioactive materials to use only permitted carriers.
Other (continued)	Emergency Planning and Community Right-To-Know Act of 1986	42 USC §§11001 et seq.	EPA	Requires the development of emergency response plans and reporting requirements for chemical spills and other emergency releases, and imposes right-to-know reporting requirements covering storage and use of chemicals which are reported in toxic chemical release forms.
	Pollution Prevention Act of 1990	42 USC 11001-11050	EPA	Establishes a national policy that pollution should be reduced at the source and requires a toxic chemical source reduction and recycling report for an owner or operator of a facility required to file an annual toxic chemical release form under section 313 of SARA.
	Executive Order 12843: Procurement Requirements and Policies for Federal Agencies for Ozone-Depleting Substances	April 21, 1993	EPA	Requires Federal agencies to minimize procurement of ozone depleting substances and conform their practices to comply with Title VI of CAA Amendments referencing stratospheric ozone protection and to recognize the increasingly limited availability of Class I substances until final phaseout.
	Executive Order 12856: Federal Compliance with Right-To-Know Laws and Pollution Prevention Requirements	August 3, 1993	EPA	Requires Federal agencies to achieve 50-percent reduction of agency's total releases of toxic chemicals to the environment and offsite transfers, to prepare a written facility pollution prevention plan not later than 1995, to publicly report toxic chemicals entering any waste stream from Federal facilities, including any releases to the environment, and to improve local emergency planning, response, and accident notification.
	Executive Order 12873: Federal Acquisition, Recycling, and Waste Prevention	October 20, 1993	EPA	Requires Federal agencies to develop affirmative procurement policies and establishes a shared responsibility between the system program manager and the recycling community to effect use of recycled items for procurement.
	Executive Order 12898: Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations	February 11, 1994	EPA	Requires Federal agencies to identify and address, as appropriate, disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minority populations and low-income populations.
	Executive Order 12088: Federal Compliance with Pollution Control Standards	3 CFR, 1978 Comp., p. 243	Office of Management and Budget	Requires Federal agency landlords to submit to Office of Management and Budget an annual plan for the control of environmental pollution and to consult with EPA and state agencies regarding the best techniques and methods.
	Executive Order 11514: Protection and Enhancement of Environmental Quality	3 CFR, 1966-1970 Comp., p. 902	CEQ	Requires Federal agencies to demonstrate leadership in achieving the environmental quality goals of NEPA; provides for DOE consultation with appropriate Federal, state, and local agencies in carrying out their activities as they affect the environment.
Other (continued)	Nuclear Waste Policy Act of 1982	42 USC §§10101 et seq.	EPA	DOE shall dispose of radioactive waste in accordance with 40 CFR 191.
	Low-Level Radioactive Waste Policy Act	42 USC §§2021b-2021d	Nuclear Regulatory Commission	DOE shall dispose of low-level wastes (LLW) in accordance with the states in which it operates.

Table 5.3-2. Selected Department of Energy Environment, Safety, and Health Orders

DOE Order	Order Title
5400.1	General Environmental Protection Program
5400.5	Radiation Protection of the Public and the Environment
5480.4	Environmental Protection, Safety, and Health Protection Standards
5480.19	Conduct of Operations Requirements for DOE Facilities
5480.21	Unreviewed Safety Questions
5480.22	Technical Safety Requirements
5480.23	Nuclear Safety Analysis Reports
5482.1B	Environment, Safety, and Health Appraisal Program
5484.1	Environmental Protection, Safety, and Health Protection Information Reporting Requirements
5530.1A	Accident Response Group
5530.4	Aerial Measuring System
5630.12A	Safeguards and Security Inspection and Assessment Program
5632.1C	Protection and Control of Safeguards and Security Interests
5700.6C	Quality Assurance
5820.2A	Radioactive Waste Management
M 231.1	Environment, Safety, and Health Reporting
N 441.1	Radiological Protection for DOE Activities
O 151.1	Comprehensive Emergency Management System
O 232.1-1	Occurrence Reporting and Processing of Operations Information
O 420.1	Facility Safety
O 430.1	Life Cycle Asset Management
O 440.1	Worker Protection Management for DOE Federal and Contractor Employees
O 451.1	National Environmental Policy Act Compliance Program
O 460.1	Packaging and Transportation Safety
O 460.2	Departmental Materials Transportation and Packaging Management
O 470.1	Safeguards and Security Program

DOE has entered into agreements with regulatory agencies on behalf of all of the DOE facilities being considered in this PEIS. These agreements normally establish a schedule for achieving full compliance at these DOE facilities. Table 5.3-3 lists those DOE environmental agreements with Federal and state regulatory agencies that have substantive provisions in effect. Appendix section A.1 summarizes the applicability of and provides more detail on the environmental regulatory compliance agreements and consent orders still in effect at each of the nuclear facilities. These agreements and consent orders are generally available from the regulatory agency that is a party to the agreement, normally the state environmental department or EPA region, and also from the local DOE information resource center or reading room. Table 5.3-4 lists the potential requirements imposed by the major state environmental statutes and regulations applicable to this PEIS. These requirements apply to Federal activities within the jurisdiction of the enforcing authority. Just as table 5.3-1 identifies requirements based on Federal laws, table 5.3-4 identifies the permits, approvals, and consultations generally required to site, construct, or operate stockpile stewardship and management facilities in accordance with state statutes and regulations.

Table 5.3-3. Department of Energy Agreements with Federal and State Environmental Regulatory Agencies

Facility	Resource Category	Parties (Agency/State)	Scope of Agreement	Effective Date
Kansas City Plant	Soil	DOE/EPA	RCRA Section 3008 (h) Administrative Order on Consent. Groundwater cleanup primarily for volatile organic compounds (VOCs) and PCBs (agreement between DOE and EPA but Missouri Department of Natural Resources maintains RCRA authority over the KCP groundwater monitoring program)	06/23/89
Lawrence Livermore National Laboratory	Water	DOE/EPA/CA- RWQCB, CA-Dept. Health Svcs	Federal Facility Agreement-Regulates groundwater cleanup activities at LLNL under CERCLA/SARA Section 120	11/02/88
	Water/Soil	DOE/EPA/CAEPA Department of Toxic Substances Control/RWQCB	CERCLA-Federal Facility Agreement describes the groundwater and soil investigations to be conducted at Site 300 and specifies reporting dates.	9/92
	Air/Soil	DOE/EPA/CAEPA Department of Toxic Substances Control	Hazardous Waste Compliance Agreement 92/93-031 governing open burning of explosives wastes at Site 300.
Los Alamos National Laboratory	Water	DOE/EPA	CWA-NPDES compliance agreement	08/29/91
Nevada Test Site	Air/Water	DOE/NV	Agreement in Principle for DOE to provide funding to Nevada for oversight of environmental, safety and health activities	10/90
	Soil	DOE/NV	RCRA-Settlement Agreement-TRU mixed waste	07/23/92
	Cultural	DOE/NV	Programmatic Agreement-Archaeological and Historic Preservation activities	05/08/93
Oak Ridge Reservation	Air	DOE/EPA	CAA-Federal Facility Compliance Agreement, Radionuclide NESHAP	05/26/92
	Soil	DOE/EPA/TN	CERCLA-Federal Facility Agreement	01/01/92
	Soil	DOE/EPA	RCRA-Federal Facility Compliance Agreement for storage of mixed waste subject to land disposal restrictions	06/12/92
	Soil	DOE/EPA/TN	Federal Facility Compliance Act Commissioners Order ORR Site-Specific Treatment Plan for Mixed Waste	9/26/95
	All except Radiological	DOE/TN Dept. of Environment and Conservation	Oversight of environmental monitoring programs	5/13/91
	Cultural	DOE/TN	DOE commitment to prepare a cultural resource management plan for ORR and to conduct a survey to identify significant historical properties located within the ORR; interim programmatic exclusions from Section 106 review	5/24/94
Pantex Plant	Soil	DOE/EPA	RCRA-Section 3008 (h) Administrative Order on Consent	12/10/90
Sandia National Laboratories/NM	Soil	DOE/NM	RCRA-Groundwater monitoring at chemical waste landfill	12/29/89
Savannah River Site	Air	DOE/EPA	CAA-Federal Facility Compliance Agreement, Radionuclide NESHAP	10/31/91
	Soil	DOE/SC	RCRA-Settlement Agreement 87-52-SW with amendment, Part B application deficiencies; groundwater monitoring	11/12/87, 05/10/91
	Soil	DOE/EPA	RCRA-Federal Facility Compliance Agreement for land disposal restrictions, with amendment 1, Docket No. 91-01-FFR	03/13/91, 04/24/92
	Soil	DOE/EPA/SC	CERCLA/RCRA-Federal Facility Agreement	01/15/93
	Cultural	DOE/SHPO ACHP	Programmatic Memorandum of Agreement-Management of Archaeological Sites	08/90

Table 5.3-4. State Environmental Statutes, Regulations, and Orders

Resource Category	Legislation	Citation	Responsible Agency	Potential Applicability/Permits
Kansas City Plant, MO
Air resources	Missouri Air Conservation Law	MO Stat., Title 40, Chapter 643	MO Department of Natural Resources	Permit required prior to the construction or modification of an air contaminant source.
	Missouri Air Quality Standards	MO Code 10-6.060	MO Department of Natural Resources	Permit required prior to the construction or modification of an air contaminant source.
Water resources	Missouri Clean Water Law	MO Stat., Title 40, Chapter 644	MO Department of Natural Resources	Permit required prior to the construction or modification of a water discharge source.
Hazardous wastes and soil resources	Missouri Solid Waste Law	MO Code, Title 10, Division 80	MO Department of Natural Resources	Permit required prior to the construction or modification of a solid waste disposal facility.
	Missouri Hazardous Waste Management Law	MO Code, Title 10, Division 25	MO Department of Natural Resources	Permit required prior to the construction or modification of a hazardous waste disposal facility.
	Missouri Underground Storage Tank Act	MO Code, Title 10	MO Department of Natural Resources	Permit required prior to the construction or modification of an underground storage tank.
Biotic resources	Missouri Wildlife Code	Rule 3 CSR10-4.111	MO Department of Conservation	Prohibits transactions involving endangered plants and animal species. Lists species endangered in Missouri.
Kansas City Plant, MO (continued)
Biotic resources (continued)	Missouri Wildlife Code	Revised Statutes of Missouri Rule (RSMO) 252.240	MO Department of Natural Resources	Prohibits transactions involving endangered species as listed by the U.S Department of the Interior and prohibits collecting, digging, or picking of any rare or endangered plants without the owner's permission.
Cultural resources	State Historic Preservation Act	RSMO Sections 253.408 to 253.412	MO Department of Natural Resources Historic Preservation Program	Establishes State Historic Preservation Officer, and a state historic preservation office with duties including conducting comprehensive survey of cultural resources, assisting Federal and state agencies to carry out historic preservation responsibilities, and coordinating with state and Federal agencies to ensure that historic properties are taken into consideration at all levels of planning and development.
	Historic Preservation Revolving Fund Act	RSMO Sections 253.400 to 253.407	MO Department of Natural Resources Historic Preservation Program	Establishes a fund to protect and preserve the historic properties of Missouri, to be administered throughout the State Department of Natural Resources.
	Unmarked Human Burial Sites	RSMO Sections 194.400 to 194.410	MO Department of Natural Resources Historic Preservation Program	Requires notification of local law enforcement or SHPO if an unmarked human burial or human skeletal remains are encountered during construction or any ground disturbing activities on state land or waters.
	Private Cemeteries	RSMO Section 214.131	MO Department of Natural Resources Historic Preservation Program	Makes desecration or destruction of abandoned family or private cemeteries a misdemeanor.
	Historic Shipwrecks, Salvage, or Excavation Regulations	RSMO Section 253.420	MO Department of Natural Resources Historic Preservation Program	The State Department of Natural Resources shall monitor and grant permits for salvage excavations of submerged or embedded abandoned shipwrecks in the state.
Kansas City Plant, MO (continued)
Cultural resources (continued)	Missouri Indian Affairs Commission Act	March 24, 1994	MO Department of Natural Resources Historic Preservation Program	Creates the Missouri Indian Affairs Commission within the Department of Natural Resources. The Commission will act as a liaison between the Indian people and various Indian agencies, including Federal and state agencies.
Worker safety and health	No state-level legislation identified	NA	MO Department of Natural Resources	NA
Lawrence Livermore National Laboratory, CA
Air resources	California Clean Air Act	CA Health and Safety Code, Sections 39000 et seq.	CA Environmental Protection Agency, Air Resources Board and local districts	Permit required prior to construction or modification of an air contaminant source.
	Air Toxics "Hot Spots" Information and Assessments Act	CA Health and Safety Code, Sections 44300 et seq.	CA Environmental Protection Agency, Air Resources Board and local districts	Screening Risk Assessment required to estimate human health impacts to a resident living near the boundary of the site.
Water resources	California Porter-Cologne Water Quality Act	Water Code, Sections 13000 et seq.	CA Environmental Protection Agency, Water Resources Control Board and Regional Water Quality Control Boards	Permit required prior to construction or modification of water discharges sources.
Hazardous wastes and soil resources	California Hazardous Waste Control Act	CA Health and Safety Code, Sections 25100 et seq.	CA Environmental Protection Agency, Department of Toxic Substances Control	Permit required prior to construction or modification of hazardous waste management facility.
	The Hazardous Waste Source Reduction and Management Review Act of 1989	CA Health and Safety Code, Sections 25244.12 et seq.	CA Environmental Protection Agency, Department of Toxic Substances Control	Requires reports and plans describing how mandatory percentage reductions in waste streams will be achieved.
	"Hazardous Materials" Department of the California Highway Patrol	13 C.C.R, Chapter 6	CA Highway Patrol	Defines routes, stopping places, and rules of the road for transportation of hazardous materials.
	California Environmental Quality Act	CA Public Resources Code, Section 21081.6	CA Environmental Protection Agency	Requires evaluation of environmental impacts associated with Department of Toxic Substances Control permitting decisions.
Lawrence Livermore National Laboratory, CA (continued)
Biotic resources	California Endangered Species Act	CA Fish and Game Code, Sections 2050-2098	CA Department of Fish and Game	States that agencies should not approve projects that would jeopardize the continued existence of threatened or endangered species or result in destruction or adverse modification of habitat essential to the continued existence of those species if conservation alternatives are reasonable and prudent.
Cultural resources	California Environmental Quality Act	CA Public Resources Code, Section 21083.2	CA Office of Planning and Research	Requires consideration of the effects of a project on prehistoric and historic cultural resources.
Worker safety and health	California Occupational Safety and Health Act does not directly apply to LLNL
Los Alamos National Laboratory, NM and Sandia National Laboratories/NM
Air resources	New Mexico Air Quality Control Act	NM Stat., Title 74, Article 2	NM Environment Department	Permit required prior to the construction or modification of an air contaminant source.
	New Mexico Air Quality Standards and Regulations	NM Air Quality Control Regs., §100	NM Environment Department	Permit required prior to the construction or modification of an air contaminant source.
Water resources	New Mexico Water Quality Act	NM Stat., Title 74, Article 6	NM Water Quality Control Com.	Permit required prior to the construction or modification of a water discharge source.
	New Mexico Water Quality Regulations	NM Water Regulations	NM Water Quality Control Com.	Permit required prior to the construction or modification of a water discharge source.
Hazardous wastes and soil resources	New Mexico Solid Waste Act	NM Stat., Chap. 74, Article 8	NM Environment Department	Permit required prior to the construction or modification of a solid waste disposal facility.
	New Mexico Solid Waste Management Regulations	NM Solid Waste Mgmt. Regs.	NM Environment Department	Permit required prior to the construction or modification of a solid waste disposal facility.
	New Mexico Hazardous Waste Management Regulations	NM Hazardous Waste Mgmt. Regs.	NM Environment Department	Permit required prior to the construction or modification of a hazardous waste disposal facility.
Los Alamos National Laboratory, NM and Sandia National Laboratories/NM (continued)
Hazardous wastes and soil resources (continued)	New Mexico Underground Storage Tank Regulations	NM Underground Storage Tank Regulations	NM Environment Department	Permit required to comply with tank requirements prior to the construction or modification of an underground storage tank.
Biotic resources	New Mexico Wildlife Conservation Act	NM State Act 1978, Sections 17-2-37 through 17-2-46	NM Department of Game and Fish	Permit and coordination required if a project may disturb habitat or otherwise affect threatened or endangered species.
	New Mexico Endangered Plant Species Act	NM State Act 1978, Sections 75-6-1	NM State Forestry Department	Coordination with the department required.
Cultural resources	New Mexico Cultural Properties Act	NM State Act 1978, Sections 18-6-1 through 18-6-23	NM State Historic Preservation Office	Established State Historic Preservation Office and requirements to prepare an archaeological and historic survey and consult with the State Historic Preservation Office.
Worker safety and health	No state-level legislation identified	NA	NA	NA.
Nevada Test Site, NV
Air resources	Nevada Air Pollution Control Law	NV Statutes, Title 40	NV State Environmental Commission	Permit required prior to construction or modification of an air contaminant source.
	Nevada Air Quality Regulations	NV Admin. Code, Chapter 445	NV State Environmental Commission	Permit required prior to construction or modification of an air contaminant source.
Water resources	Nevada Water Pollution Control Law	NV Statutes, Title 40, Chapter 445	NV Department of Environmental Protection	Permit required prior to construction or modification of a water discharge source.
	Nevada Water Pollution Control Regulations	NV Admin. Code, Chapter 445	NV Department of Environmental Protection	Permit required prior to construction or modification of a water discharge source.
Nevada Test Site, NV (continued)
Hazardous wastes and soil resources	Nevada Underground Storage Tank Rules	NV Admin. Code, Chapter 459	NV Department of Environmental Protection	Permit required prior to construction or modification of an underground storage tank.
	Nevada Solid Waste Disposal Law	NV Statutes, Title 40, Chapter 444	NV Department of Environmental Protection	Permit required prior to construction or modification of a solid waste disposal facility.
	Nevada Solid Waste Disposal Regulations	NV Admin. Code, Chapter 44	NV Department of Environmental Protection	Permit required prior to construction or modification of a solid waste disposal facility; permit for septage hauling may be required.
	Nevada Hazardous Waste Disposal Law	NV Statutes, Title 40, Chapter 459	NV Department of Environmental Protection	Permit required prior to construction or modification of a hazardous waste disposal facility.
	Nevada Hazardous Waste Facility Regulations	NV Admin. Code, Chapter 444	NV Department of Environmental Protection	Permit required prior to construction or modification of a hazardous waste disposal facility.
Biotic resources	Nevada Non-Game Species Act	NV Admin. Code, Title 45, Chapter 503	NV Department of Wildlife	Consult with NV Department of Wildlife and minimize impact.
Cultural resources	Historic Preservation and Archaeology Regulations	NV Statutes, Title 26, Chapter 381-383	NV Advisory Board for Historic Preservation and Archaeology	Permit required prior to the investigation, exploration, or excavation of a historic or prehistoric site.
Worker safety and health	No state-level legislation identified	NA	NA	NA.
Oak Ridge Reservation, TN
Air resources	Tennessee Air Pollution Control Regulations	TN Rules, Division of Air Pollution	TN Air Pollution Control Board	Permit required to construct, modify, or operate an air contaminant source; sets fugitive dust requirements.
Water resources	Tennessee Water Quality Control Act	TN Code, Title 69, Chapter 3	TN Water Quality Control Board	Authority to issue new or modify existing NPDES permits required for a water discharge source.
Oak Ridge Reservation, TN (continued)
Hazardous wastes and soil resources	Tennessee Underground Storage Tank Program Regulations	TN Rules, Chapter 1200-1-15	TN Division of UST Programs	Permit required prior to construction or modification of an underground storage tank.
	Tennessee Hazardous Waste Management Act	TN Code, Title 68, Chapter 46	TN Division of Solid Waste Management	Permit required to construct, modify, or operate a hazardous waste treatment, storage, or disposal facility.
	Tennessee Solid Waste Processing and Disposal Regulations	TN Rules, Chapter 1200-1-7	TN Division of Solid Waste Management	Permit required to construct or operate a solid waste processing or disposal facility.
Biotic resources	Tennessee State Executive Order on Wetlands	TN State Executive Order	TN Division of Water Quality Control	Consultation with responsible agency.
	Tennessee Threatened Wildlife Species Conservation Act of 1974	TN Code, Title 70, Chapter 8	TN Wildlife Resources Agency	Consultation with responsible agency.
	Tennessee Rare Plant Protection and Conservation Act of 1985	TN Code, Title 70, Chapter 8-301 et seq.	TN Wildlife Resources Agency	Consultation with responsible agency.
	Tennessee Water Quality Control Act	TN Code, Title 69, Chapter 3	TN Division of Water Quality Control	Permit required prior to alteration of a wetland.
Cultural resources	Tennessee Desecration of Venerated Objects	TN Code, Title 39, Chapter 17-311	TN Historical Commission	Forbids a person to offend or intentionally desecrate venerated objects including a place of worship or burial.
	Tennessee Abuse of Corpse	TN Code, Title 39, Chapter 17-312	TN Historical Commission	Forbids a person from disinterring a corpse that has been buried or otherwise interred.
	Native American Indian Cemetery Removal and Reburial	TN Comp. Rules and Regulations, Chapter 400-9-1	TN Historical Commission	Requires notification if Native American Indian remains are uncovered.
	Tennessee Protective Easements	TN Code, Title 11, Chapter 15-101	TN State Government	Grants power to the state to restrict construction on land deemed as a "protective" easement.
Worker safety and health	No state-level legislation identified	NA	NA	NA.
Pantex Plant, TX
Air resources	Texas Air Pollution Control Regulations	TX Admin. Code, Title 30, Chapter 101-125, 305	TX Natural Resource Conservation Commission (effective 9/1/93)	Permit required prior to construction or modification of an air contaminant source.
Pantex Plant, TX (continued)
Water resources	Texas Water Quality Standards	TX Admin. Code, Title 30, Chapter 305, 308-325	TX Natural Resource Conservation Commission (effective 9/1/93)	Permit may be required prior to any modification of waters of the state including stream alteration for the construction of intakes, discharges, bridges, submarine utility crossings, etc.
	Texas Consolidated Permit Rules	TX Admin. Code, Title 30	TX Natural Resource Conservation Commission (effective 9/1/93)	Permit may be required prior to any modification of waters of the state including stream alteration for the construction of intakes, discharges, bridges, submarine utility crossings, etc.
	Texas Water Quality Acts	TX Code, Title 30, Chapter 290	TX Natural Resource Conservation Commission (effective 9/1/93)	Permit may be required prior to any modification of waters of the state including stream alteration for the construction of intakes, discharges, bridges, submarine utility crossings, etc.
Hazardous wastes and soil resources	Texas Underground Storage Tanks Rules	TX Admin. Code, Title 30, Chapter 334	TX Natural Resource Conservation Commission (effective 9/1/93)	Permit required prior to construction or modification of an underground storage tank.
	Texas Solid Waste Management Regulations	TX Admin. Code, Title 30, Chapter 305, 335	TX Natural Resource Conservation Commission (effective 9/1/93)	Permit required prior to construction or modification of a solid waste disposal facility.
	Texas Solid Waste Disposal Act	TX Admin. Code, Title 30, Chapter 305, 334, and 335	TX Natural Resource Conservation Commission (effective 9/1/93)	Permit required prior to construction or modification of a solid waste disposal facility.
Biotic resources	Texas Parks and Wildlife Regulations	TX Parks and Wildlife Code, Chapter 67, 68, and 88	TX Parks and Wildlife Department	Permit required by anyone who possesses, takes, or transports endangered, threatened, or protected plants or animals.
Cultural resources	Antiquities Code of Texas	TX Statutes, Volume 17, Article 6145	TX State Historical Survey Committee	Permit required for the examination or excavation of sites and the collection or removal of objects of antiquity.
Worker safety and health	No state-level legislation identified
Savannah River Site, SC
Air resources	South Carolina Pollution Control Act/South Carolina Air Pollution Control Regulations and Standards	SC Code, Title 48, Chapter 1	SC Dept. of Health and Environmental Control (SCDHEC)	Permit required prior to construction or modification of an air contaminant source.
	Augusta-Aiken Air Quality Control Region	40 CFR 81.114	SC and GA	Requires SRS and surrounding communities in the 2-state region to attain National Ambient Air Quality Standards (NAAQS).
	South Carolina Atomic Energy & Radiation Control Act	SC Code, Title 13, Chapter 7	SCDHEC	Establishes standards for radioactive air emissions.
Water resources	South Carolina Pollution Control Act	SC Code, Title 48, Chapter 1	SCDHEC	Permit required prior to construction or modification of a water discharge source.
	South Carolina Water Quality Standards	SC Code, Title 61, Chapter 68	SCDHEC	Permit required prior to construction or modification of a water discharge source.
	South Carolina Safe Drinking Water Act	SC Code, Title 44, Chapter 55	SCDHEC	Establishes drinking water standards.
Hazardous wastes and soil resources	South Carolina Underground Storage Tanks Act	SC Code, Title 44, Chapter 2	SCDHEC	Permit required prior to construction or modification of an underground storage tank.
	South Carolina Solid Waste Regulations	SC Code, Title 61, Chapter 60	SCDHEC	Permit required to store, collect, dispose, or transport solid wastes.
	South Carolina Industrial Solid Waste Disposal Site Regulations	SC Code, Title 61, Chapter 66	SC Pollution Control Authority	Permit required for industrial solid waste disposal systems.
	South Carolina Hazardous Waste Management Act	SC Code, Title 44, Chapter 56	SCDHEC	Permit required to operate, construct, or modify a hazardous waste treatment, storage, or disposal facility.
	South Carolina Solid Waste Management Act	SC Code, Title 44, Chapter 96	SCDHEC	Establishes standards to treat, store, or dispose of solid waste.
Biotic resources	South Carolina Nongame and Endangered Species Conservation Act	SC Code, Title 50, Chapter 15	SC Wildlife and Marine Resources Department	Consult with SC Wildlife and Marine Resources Department and minimize impact.
Cultural resources	South Carolina Institute of Archaeology and Anthropology	SC Code, Title 60, Chapter 13-210	SC State Historic Preservation Office	Consult with SC State Historic Preservation Office and minimize impact.
Worker safety and health	No state-level legislation identified	NA	NA	NA

5.4 Federal and State Environmental Enforcement

Under various Federal environmental statutes (table 5.3-1), EPA may delegate the implementation and execution of the laws' various provisions to states with approved programs that are at least as stringent as the minimum Federal requirements contained in the laws and EPA regulations. Table 5.3-4 lists many of the states' laws and regulations, including provisions that are more stringent than the minimum requirements. In addition, the Federal Facility Compliance Act of 1992 waives sovereign immunity from enforcement of the Resource Conservation and Recovery Act (RCRA) at Federal facilities and thereby gives states the authority to assess fines and penalties under certain conditions. It further requires DOE to develop plans and enter into agreements with states as to specific management actions for particular mixed waste streams. Such agreements could have a direct effect on the wastes generated as a result of the implementation of the proposed action, yet such an effect cannot be determined until such time as these agreements are approved according to the terms of the Federal Facility Compliance Act .

Some environmental regulatory programs are enforced through review, approval, and permitting requirements that attempt to minimize the negative impacts from releases to the environment from potential pollution sources by limiting activities to established standards. Federal and state agencies share environmental regulatory authority over DOE facility operations when Federal legislation delegates permitting or review authority to qualifying states. Some examples are the following: National Emission Standards for Hazardous Air Pollutants and the Prevention of Significant Deterioration under the Clean Air Act ; the Water Quality Standards and the National Pollutant Discharge Elimination System under the Clean Water Act ; the Hazardous Waste Programs under RCRA; and the Drinking Water and Underground Injection Control Programs under the Safe Drinking Water Act . When Federal legislation allows delegation of enforcement authority, states must set standards equal to or more stringent than those required by Federal law to obtain such authority. Where the Federal regulatory agency has delegated its authority, the state or local regulations set the governing standards; however, when Federal legislation does not provide for delegation of enforcement authority to the states (e.g., the Toxic Substances Control Act ), the standards are administered and enforced solely by the Federal Government.

5.5 Compliance with Occupational Safety and Health Requirements

The health and safety of all workers associated with the stockpile stewardship and management facilities is a primary consideration in the programmatic decision resulting from this PEIS. A comprehensive nuclear and occupational safety and health initiative was announced by the Secretary on May 5, 1993, entailing closer consultation with the Occupational Safety and Health Administration (OSHA) regarding regulation of worker safety and health at DOE contractor-operated facilities. Regulation of worker health and safety at DOE contractor-operated facilities will gradually shift from DOE to OSHA. The Occupational Safety and Health Act of 1970 (Public Law 91-596) establishes Federal requirements for ensuring occupational safety and health protection for employees. DOE facilities also comply with the Emergency Planning and Community Right-To-Know Act (42 USC §11001), which requires facilities to report the release of extremely hazardous substances and other specified chemicals; to provide material safety data sheets or lists thereof; and to provide estimates of the amounts of hazardous chemicals onsite. The reporting and emergency preparedness requirements are designed to protect both individuals and communities.