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 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. The National Academy of Engineering (NAE) was established in 1964, under the charter of the NAS, as a parallel organization of distinguished engineers. It is autonomous in its administration and in the selection of members, sharing with the NAS its responsibilities for advising the federal government. The National Academy of Engineering also sponsors engineering programs aimed at meeting national needs, encourages education and research, and recognizes the superior achievements of engineers. Dr. Harold Leibowitz is president of the NAE. The Institute of Medicine (IOM) was established in 1970 by the NAS to secure the services of eminent members of appropriate professions in the examination of policy matters pertaining to the health of the public. The Institute acts under the responsibility given to the NAS in its congressional charter to be an adviser to the federal government and, on its own initiative, to identify issues of medical care, research, and education. Dr. Kenneth I. Shine is president of the IOM. 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. Library of Congress Catalog Card Number 95-73219 International Standard Book Number 0-309-05440 Internet Access: This report is available on the National Academy of Sciences' Internet host. It may be accessed via World Wide Web at http://www.nas.edu, via Gopher at gopher.nas.edu, or via FTP at ftp.nas.edu. Available from: National Academy Press , 2101 Constitution Avenue, N.W., Box 285, Washington, D.C. 20055 1-800-624-6242 or 202-334-3313 (in Washington metropolitan area) 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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