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Improving the Environment: An Evaluation of DOE's Environmental Management Program
Improving the Environment
An Evaluation of DOE's Environmental Management Program
Committee to Evaluate the Science, Engineering, and Health Basis of the Department of Energy's Environmental Management Program
National Research Council
National Academy Press
Washington, D.C.
1995
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Improving the Environment: An Evaluation of DOE's Environmental Management Program
NATIONAL ACADEMY PRESS
2101 Constitution Ave., N.W. Washington, D.C. 20418
NOTICE: This volume was produced as part of a project approved by the Governing Board of the National Research Council, whose members are drawn from the councils of the National Academy of Sciences, the National Academy of Engineering, and the Institute of Medicine. The members of the expert committees were chosen for their special competencies and with regard for appropriate balance. This report has been reviewed by a group other than the authors according to procedures approved by the NRC and the Report Review Committee.
The National Academy of Sciences (NAS) is a private, nonprofit, self-perpetuating society of distinguished scholars engaged in scientific and engineering research, dedicated to the furtherance of science and technology and to their use for the general welfare. Under the authority of the charter granted to it by Congress in 1863, the Academy has a working mandate that calls on it to advise the federal government on scientific and technical matters. Dr. Bruce M. Alberts is president of the NAS.
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The National Research Council (NRC) was organized by the NAS in 1916 to associate the broad community of science and technology with the Academy's purposes of furthering knowledge and advising the federal government. Functioning in accordance with general policies determined by the Academy, the Council has become the principle operating agency of both the NAS and the NAE in providing services to the government, the public, and the scientific and engineering communities. The Council is administered jointly by both Academies and the IOM. Dr. Bruce M. Alberts and Dr. Harold Leibowitz are chairman and vice chairman, respectively, of the NRC.
This project was supported by the U.S. Department of Energy.
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Copyright 1995 by the National Academy of Sciences. All rights reserved. This document may be reproduced solely for educational purposes without the written permission of the National Academy of Sciences. Printed in the United States of America
Printed in the United States of America
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Improving the Environment: An Evaluation of DOE's Environmental Management Program
Committee to Evaluate the Science, Engineering, and Health Basis of the Department of Energy's Environmental Management Program
Synthesis Subcommittee
JOHN F. AHEARNE, Lecturer in Public Policy,
Duke University
ANDREW P. CAPUTO, Attorney,
Natural Resources Defense Council
EDWIN H. CLARK II, President,
Clean Sites, Inc.
DON CLAY, President,
Don Clay Associates, Inc.
DOUGLAS M. COSTLE, Chairman and Distinguished Fellow,
Institute for Sustainable Communities
JAMES R. CURTISS, Attorney,
Winston & Strawn
FRANK L. PARKER, Distinguished Professor of Environmental and Water Resources Engineering,
Vanderbilt University
VICTORIA J. TSCHINKEL, Senior Consultant on Environmental Issues,
Landers & Parsons
JOHN T. WHETTEN, Senior Applications Consultant,
Motorola
Staff
Paul Gilman, Project Director
Deborah Stine, Project Coordinator
Patrick Sevcik, Project Assistant
Subcommittee on the Evaluation of Regulatory Measures
DON CLAY (Chair), President,
Don Clay Associates, Inc.
ANDREW P. CAPUTO, Attorney,
Natural Resources Defense Council
JAMES R. CURTISS, Attorney,
Winston & Strawn
MARSHALL E. DRUMMOND, President,
Eastern Washington University
DANIEL S. MILLER, First Assistant Attorney General,
Colorado Department of Law
BERNARD J. REILLY, Corporate Council,
DuPont Legal
MARY RIVELAND, Director,
Washington State Department of Ecology
Staff
Ray Wassel, Senior Program Officer
Ruth Danoff, Project Assistant
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Improving the Environment: An Evaluation of DOE's Environmental Management Program
Subcommittee on Priority-Setting, Timing, and Staging
EDWIN H. CLARK II (Chair), President,
Clean Sites, Inc.
HUGH J. CAMPBELL, JR., Environmental Manager,
DuPont
MARY R. ENGLISH, Associate Director,
Energy, Environment, and Resources Center, University of Tennessee
DONALD R. GIBSON, Department Manager,
Systems Analysis, TRW Environmental Safety Systems
ROBERT E. HAZEN, Chief,
Bureau of Risk Assessment, New Jersey Department of Environmental Protection
THOMAS LESCHINE, Associate Professor,
School of Marine Affairs, University of Washington
ROBERT H. NEILL, Director,
Environmental Evaluation Group, New Mexico
LYNNE M. PRESLO, Senior Vice President,
Technical Programs, Earth Tech
ANNE E. SMITH, Principal and Vice President,
Decision Focus, Inc.
MERVYN L. TANO, General Counsel,
Council of Energy Resource Tribes
Staff
Robert Andrews, Senior Program Officer
Patricia Jones, Project Assistant
Subcommittee on Utilization of Science, Engineering, and Technology
FRANK L. PARKER (Chair), Distinguished Professor of Environmental and Water Resources Engineering,
Vanderbilt University
JOHN F. AHEARNE, Lecturer in Public Policy,
Duke University
CHARLES B. ANDREWS, Vice President,
S.S. Papadopulos & Associates, Inc.
EDGAR BERKEY, President,
National Environmental Technology Applications Center, University of Pittsburgh Applied Research Center
HAROLD K. FORSEN, Senior Vice President (retired),
Bechtel Hanford, Inc.
WALTER W. KOVALICK, Director,
Technology Innovation Office, Office of Solid Waste and Emergency Response, U.S. Environmental Protection Agency
MICHAEL L. MASTRACCI, Director,
Innovative Technology Programs, TECHMATICS, Inc.
PHILIP A. PALMER, Senior Environmental Fellow,
DuPont Specialty Chemicals, E.I. du Pont de Nemours & Company
REBECCA T. PARKIN, Director of Scientific, Professional, and Section Affairs,
American Public Health Administration
ALFRED SCHNEIDER, Professor of Nuclear Engineering (retired),
Georgia Institute of Technology
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Improving the Environment: An Evaluation of DOE's Environmental Management Program
CHRISTINE A. SHOEMAKER, Professor,
School of Civil and Environmental Engineering, Cornell University
C. HERB WARD, Foyt Family Chair of Engineering and Director,
Energy and Environmental Systems Institute, Rice University
JOHN T. WHETTEN, Senior Applications Consultant,
Motorola
RAYMOND G. WYMER, Consultant,
Chemical Technology Division, Oak Ridge National Laboratory
Staff
Stephen Parker, Associate Executive Director,
CGER
Karyanil Thomas, Senior Program Officer
Anita Hall, Administrative Assistant
Subcommittee on Integration of Science, Engineering, and Health in Program Implementation
VICTORIA J. TSCHINKEL (Chair), Senior Consultant on Environmental Issues,
Landers & Parsons
BETSY ANCKER-JOHNSON, Vice President of Environmental Activities (retired),
General Motors Corporation
PHILIP H. BRODSKY, Director,
Corporate Research and Environmental Technology, Monsanto Company
DAVID S.C. CHU, Director,
Washington Research Department, RAND
BENJAMIN COSGROVE, Senior Vice President (retired),
Boeing Commercial Airplane Group
BRIAN COSTNER, Director,
Energy Research Foundation
ROBERT C. FORNEY, Executive Vice President (retired),
E.I. du Pont de Nemours & Company
JAMES H. JOHNSON, JR., Professor and Acting Dean,
School of Engineering, Howard University
MILDRED MCCLAIN, Executive Director,
Citizens for Environmental Justice
BERNICE K. MCINTYRE, President,
B.K.McIntyre & Associates, Inc.
MAXINE L. SAVITZ, General Manager,
Ceramic Components, Allied Signal Aerospace Company
Staff
Tamae Maeda Wong, Senior Program Officer
Helen Chin, Administrative Assistant
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Improving the Environment: An Evaluation of DOE's Environmental Management Program
Oversight Commission for the Evaluation of the Science, Engineering, and Health Basis of the Department of Energy's Environmental Management Program
GEORGE M. HORNBERGER, Chairman and Professor,
Department of Environmental Science, University of Virginia
TREVOR O. JONES, Chairman of the Board,
Libby-Owens-Ford Company
DANIEL L. MCFADDEN, Professor,
Department of Economics, University of California at Berkeley
EMIL A. PFITZER, President,
Research Institute for Fragrance Materials, Inc.
CHRIS G. WHIPPLE, Vice President,
ICF Kaiser
Staff
E. William Colglazier, Executive Officer
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Improving the Environment: An Evaluation of DOE's Environmental Management Program
Preface
In a letter that I received on January 11, 1995, Thomas Grumbly, U.S. Department of Energy (DOE) Assistant Secretary for Environmental Management, requested the assistance of the Academy in addressing remedial-action and waste-management problems that his office and the nation are now facing as a result of 50 years of nuclear weapons development and testing (see Appendix A). These are problems that require a re-engineering of systems and a re-examination of the scientific, engineering, and institutional barriers to achieving cost-effective and safe stewardship of the nation's resources.
In response to this request, the National Research Council established the Committee to Evaluate the Science, Engineering, and Health Basis of the Department of Energy's Environmental Management Program. Four subcommittees were formed to address topics outlined in Mr. Grumbly 's request. The subcommittees were assigned the following topics:
Evaluation of regulatory measures.
Setting priorities, timing, and staging.
Utilization of science, engineering, and technology.
Integration of science, engineering, and health in program implementation.
Subcommittee membership (see Appendix C) included a unique combination of those from the scientific and technological community and participants knowledgeable about the concerns of the various stakeholder groups that are involved in DOE 's environmental remediation process. The knowledge of these stakeholders included substantive expertise and site-specific experience with the process involved in DOE's environmental remediation program. These
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Improving the Environment: An Evaluation of DOE's Environmental Management Program
individuals, having experience in state and federal agencies involved in monitoring DOE's cleanup operations, national and local citizen, environmental, and American Indian groups, and DOE's citizen taskforces, were able to provide a unique contribution as members of each subcommittee. Members of the subcommittees also included individuals who have addressed similar problems in industry and individuals with background in federal and state government management, including members of the National Academy of Public Administration.
In terms of process, each subcommittee held a workshop which offered an opportunity for public input, followed immediately by a meeting of the subcommittee to develop a brief report. Prior background readings, knowledge, and discussions resulting from the workshops provided the basis for the subcommittees' deliberations. The four subcommittee reports were submitted to a synthesis committee which included the chairs of each of the subcommittees and selected members to provide a spectrum of viewpoints. The subcommittees' complete reports, as well as that of the synthesis committee, follow. Though the memberships of the subcommittees were selected to provide different viewpoints and experience and each of the subcommittees deliberated separately, there was surprising consensus among the reports of the four subcommittees. Beyond the synthesis committee report, no attempt was made to conform the results of the four separate subcommittee deliberations. The reader should look to the individual reports for further detail and for additional recommendations and observations.
Although these reports represent the work of each of the committees, they benefited greatly from the support of the National Research Council staff, specifically, Paul Gilman, who helped refine all the reports, and Deborah Stine, who coordinated the various project activities for the overall report. Each subcommittee was also helped by its staff, Ray Wassel for Regulatory Measures, Tamae Wong for Integration, Stephen Parker and Karyanil Thomas for Utilization, and Robert Andrews for Priority-Setting. In addition, Patrick Sevcik, Helen Chin, Ruth Danoff, and Patricia Jones provided invaluable support.
The National Research Council also acknowledges with appreciation presentations made at the workshops by the persons listed in Appendix D.
BRUCE ALBERTS
President, National Academy of Sciences
Chairman, National Research Council
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Improving the Environment: An Evaluation of DOE's Environmental Management Program
Contents
PART I:
SYNTHESIS REPORT
1
Introduction
3
Problems Associated with the Department's Legacy,
4
Fundamental Precepts for the Department's Environmental Management Program,
5
Risk Associated with the Program,
5
Cost of the Program,
6
Length of the Program,
6
Science and Technology in the Program,
6
Environmental Mission or Environmental Ethic?,
7
Environmental Management's Notable Initiatives,
7
Research and Development Initiative,
8
Contractor Relations,
8
Budgeting Process,
8
Public Participation,
9
Principal Recommendations
10
Results Needed Now,
10
Responsible Stewardship,
11
Land-Use Planning,
12
Incentives, Metrics, and Accountability,
13
Goals and Priorities,
16
Establishing a System for Setting Priorities,
16
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Improving the Environment: An Evaluation of DOE's Environmental Management Program
Need for More-Specific Goals,
17
Attributes of a Priority-Setting System,
18
Risk Assessment and Cost-Benefit Analysis,
19
Science and Technology,
20
Focus Areas,
21
National Laboratories, Universities, and Industry: Partnerships and Competition,
21
Regulatory Measures,
22
External Regulation,
22
Overcoming Regulatory “Obstacles”—Using Existing Flexibility,
22
Streamlining Regulatory Measures,
23
Lead Regulator,
23
Public Participation: Searching for Consensus to Achieve Credibility,
24
References
25
PART II:
EVALUATION OF REGULATORY MEASURES
27
Introduction
29
Our Approach to Evaluating Regulatory Measures
32
Regulation of DOE's Environmental Management Program
34
DOE as an Externally Regulated Entity,
35
Self-Regulation,
36
DOE Orders,
36
Multiple Regulators,
37
Current Activities,
37
Possible Comprehensive Solutions,
38
Responsible Stewardship
40
Land-Use Planning
42
Residual-Risk Regulation and National Cleanup Standards
44
Cost Effectiveness and Risk Considerations
46
Overall Findings and Recommendations
47
Streamlining the Regulatory Process,
47
Responsible Stewardship,
48
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Improving the Environment: An Evaluation of DOE's Environmental Management Program
References
49
Appendix: Various Perspectives on DOE's Environmental Management Program
51
PART III:
PRIORITY-SETTING, TIMING, AND STAGING
57
Introduction
59
Current Realities and Historical Context
61
An Inclusive System
64
Attributes of a Priority-Setting System
68
Implementation of a Priority-Setting System
71
Relationship of Other Management Systems to Priority-Setting,
72
Incentives, Metrics, and Feedback,
74
Budgeting,
76
Personnel,
78
Contracting,
79
Criteria for Setting Priorities
80
Using Risk,
82
Tools
84
Conclusions
88
References
90
Appendix: One Approach
91
PART IV:
UTILIZATION OF SCIENCE, ENGINEERING, AND TECHNOLOGY
97
Introduction
99
Environmental Problems Facing the Department of Energy,
99
Problems in Correcting the Legacy,
100
Findings and Recommendations
102
General Guidance,
102
Technology Selection and Development,
104
Technology Utilization,
106
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Improving the Environment: An Evaluation of DOE's Environmental Management Program
Policy
107
The Vision,
107
Goals,
108
Process,
112
Technology Selection and Development
114
Customer Needs,
114
Focus Areas,
115
Decision Process for Selecting Candidate Technologies for Development,
115
Technology-Development Model,
116
Cost-Benefit Analysis as Part of the Technology-Development Process,
120
Role of the National Laboratories in Technology Development,
121
Technology Utilization
123
References
126
Appendix: Previous Studies
128
PART V:
INTERGRATION OF SCIENCE, ENGINEERING, AND HEALTH IN PROGRAM IMPLEMENTATION
133
Introduction
135
Internal Management and Contractor Relations
138
Leadership,
138
Management Structure,
139
Goals,
141
Products and Services,
142
Management Tools,
143
Incentives and Disincentives,
147
Integration of Science and Technology into the EM Program
150
Lessons from Industrial Environmental Management Programs
152
Integration of Science and Technology into the Community-Relations Process
155
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Improving the Environment: An Evaluation of DOE's Environmental Management Program
References
158
APPENDIX A:
CHARGE TO THE COMMITTEE
163
APPENDIX B:
WORKSHOP AGENDAS
167
APPENDIX C:
BIOGRAPHICAL INFORMATION ON COMMITTEE MEMBERS
181
APPENDIX D:
BIOGRAPHICAL INFORMATION ON WORKSHOP SPEAKERS AND PARTICIPANTS
195
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