[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 871 Introduced in Senate (IS)]
104th CONGRESS
1st Session
S. 871
To provide for the management and disposition of the Hanford
Reservation, to provide for environmental management activities at the
Reservation, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 26 (legislative day, May 15), 1995
Mr. Johnston (for himself and Mr. Murkowski) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To provide for the management and disposition of the Hanford
Reservation, to provide for environmental management activities at the
Reservation, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hanford Land Management Act''.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) The term ``affected communities and Indian tribes''
means--
(A) the counties of Benton, Franklin, and Grant,
Washington;
(B) the cities of Richland, Pasco, and Kennewick,
Washington; and
(C) the Yakima Tribe, the Confederated Tribes of
the Umatilla, and the Nez Perce Tribe.
(2) The term ``corrective action'' means such actions as
may be necessary to protect human health, safety, and the
environment from releases of hazardous waste or constituents
from any solid waste management facility at the Hanford
Reservation.
(3) The term ``Department'' means the Department of Energy.
(4) The term ``environmental management activities''
means--
(A) corrective actions;
(B) removal or remedial actions; and
(C) the treatment, storage, or disposal of
hazardous substances or radioactive materials.
(5) The term ``Hanford Reservation'' means the site located
in southeastern Washington owned by the United States and
reserved for the use of the Department of Energy.
(6) The term ``hazardous substance'' has the meaning given
the term in section 101(14) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601(14)).
(7) The term ``remove'' or ``removal'' has the meaning
given the term in section 101(23) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601(23)).
(8) The term ``remedy'' or ``remedial action'' has the
meaning given the term in section 101(24) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601(24)).
(9) The term ``radioactive material'' means--
(A) byproduct material as defined in section 11e.
of the Atomic Energy Act of 1954 (42 U.S.C. 2014(e));
(B) source material as defined in section 11z. of
the Atomic Energy Act of 1954 (42 U.S.C. 2014(z));
(C) special nuclear material as defined in section
11aa. of the Atomic Energy Act of 1954 (42 U.S.C.
2014(aa));
(D) high-level radioactive waste as defined in
section 2(12) of the Nuclear Waste Policy Act of 1982
(42 U.S.C. 10101 (12));
(E) low-level radioactive waste as defined in
section 2(16) of the Nuclear Waste Policy Act of 1982
(42 U.S.C. 10101(16));
(F) spent nuclear fuel as defined in section 2(23)
of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10101(23));
(G) mixed waste as defined in section 1004(41) of
the Solid Waste Disposal Act (42 U.S.C. 6903(41)); and
(H) transuranic waste as defined in section 2(20)
of the Waste Isolation Pilot Plant Land Withdrawal Act
(Public Law 102-579).
(10) The term ``Secretary'' means the Secretary of Energy.
(11) The term ``substitution risk'' means an increased risk
to human health, safety, or the environment likely to result
from a regulatory or nonregulatory option designed to decrease
other risks.
(12) The terms ``treatment, storage, and disposal'' have
the meanings given such terms in section 1004 (34), (33), and
(3), respectively, of the Solid Waste Disposal Act (42 U.S.C.
6903 (34), (33), and (3)).
SEC. 3. ENVIRONMENTAL MANAGEMENT PLAN.
(a) Policy.--The Secretary shall manage federal lands, manage
hazardous substances and radioactive materials at the Reservation,
perform corrective actions, and remove or remedy, as necessary,
hazardous or radioactive contamination of land, structures, surface
water, or ground water within the Hanford Reservation in accordance
with this Act and the environmental management plan prepared in
accordance with this Act.
(b) Issuance of Plan.--Not later than two years after the date of
enactment of this Act, the Secretary shall submit to Congress an
environmental management plan for the Hanford Reservation.
(c) Contents of Plan.--The plan shall contain--
(1) the land use plan required by section 4;
(2) the risk assessment statement required by section 5;
(3) the waste management plan required by section 6; and
(4) the site restoration plan required by section 7.
(d) Effective Date.--This Act shall take effect upon the date of
enactment. The effectiveness of the Act shall not be delayed pending
preparation of the environmental management plan.
(e) Amendment of Plan.--The Secretary may revise the plan from time
to time consistent with this Act and shall submit any amendments to
Congress.
SEC. 4. LAND USE.
(a) Policy.--Lands within the Hanford Reservation shall be retained
in Federal ownership unless, as a result of the land use planning
procedure provided in this section, Congress determines that disposal
of a particular parcel will serve the national interest.
(b) Land Use Plan.--The Secretary shall include in the
environmental management plan a land use plan designating--
(1) parcels within the Hanford Reservation that need to be
retained by the Department for its use or for the maintenance
of institutional controls needed to protect the public or the
environment from hazardous substances or radioactive materials;
(2) parcels recommended for inclusion in the National Park
System, the National Refuge System, or the National Wild and
Scenic Rivers System; and
(3) parcels recommended for transfer to the Secretary of
the Interior to be managed as public lands or to be sold or
exchanged in accordance with the Federal Land Policy and
Management Act (43 U.S.C. 1701-1784).
(c) Criteria.--In designating parcels under subsection (b), the
Secretary shall consider--
(1) the risk to human health, safety, or the environment
presented by hazardous substances and radioactive materials at
the site;
(2) the risk to workers from exposure to hazardous
substances or radioactive materials in the course of performing
removal or remedial actions;
(3) the availability of effective technologies to remedy or
remove hazardous substances or radioactive materials or to
reduce the risk to human health, safety, or the environment;
(4) the cost to the United States or releasing the parcel
from federal ownership and control, including--
(A) the cost of remedying or removing the hazardous
substances or radioactive materials or reducing the
risk to human health, safety, or the environment from
such substances or materials at the parcel;
(B) the cost of remedying or removing the hazardous
substances or radioactive materials or reducing the
risk to the human health, safety, or the environment
from such substances or materials at parts of the
Reservation that remain under federal ownership or
control; and
(C) the cost of assessing the incremental risk to
the human health, safety, or the environment that may
result from releasing the parcel;
(5) the importance of the area for scenic, historical,
recreational, ecological, cultural, or archeological values,
water resources, community expansion, or economic development;
(6) the views of the Secretary of the Interior, the
Governor of Washington, and affected communities and Indian
tribes; and
(7) the availability of Federal funds to clean up the
parcel to the level needed for the recommended use.
(d) Future Ownership.--The Secretary shall not sell, exchange, or
convey any part of the Hanford Reservation except as authorized by
legislation enacted after the date of enactment of this Act.
SEC. 5. RISK ASSESSMENT.
(a) Policy.--The Secretary shall conduct a comprehensive risk
assessment of all major activities, substances, and conditions at the
Hanford Reservation that pose a risk to human health, safety, or the
environment. The risk assessment shall be based on the best available,
scientifically replicable data and realistic assumptions that shall not
exaggerate risk by inappropriately compounding multiple, hypothetical,
conservative policy judgments. The Secretary shall recommend future use
of the Hanford Reservation under section 4, establish standards and
select environmental management activities under sections 6 and 7, and
establish priorities and allocate Federal resources among such
activities based upon the risk assessment conducted under this section.
(b) Risk Assessment Statement.--(1) The Secretary shall include in
the environmental management plan a clear and concise statement that--
(A) describes and, to the extent practicable, quantifies
the risks to human health, safety, and the environment to be
addressed by environmental management activities under this
Act;
(B) compares the human health, safety or environmental
risks to be addressed by such environmental management
activities to other risks chosen by the Secretary, including--
(i) at least 3 other risks regulated by a Federal
agency; and
(ii) at least 3 other risks that are familiar to
the general public;
(C) describes and, to the extent practicable, quantifies
any known, plausible substitution risks when information on
such risks is known to or has been provided to the Secretary;
(D) estimates--
(i) the costs of carrying out the environmental
management activities under this Act; and
(ii) the benefits of such activities, including
both quantifiable measures of costs and benefits, to
the fullest extent that they can be estimated, and
qualitative measures that are difficult to quantify;
and
(E) contains a certification by the Secretary that--
(i) the analyses performed under subparagraphs (A),
(B), (C), and (D) are based on the best reasonably
obtainable scientific information;
(ii) the planned environmental management
activities are likely to reduce significantly the human
health, safety, or environmental risks to be addressed;
(iii) there is no alternative environmental
management activity that would achieve an equivalent
reduction in risk in a more cost-effective manner,
along with a brief explanation of why other
alternatives considered by the Secretary were found to
be less cost-effective; and
(iv) the planned environmental management
activities are likely to produce benefits to human
health, safety, or the environment that will justify
the costs to the United States.
(2) If the Secretary cannot certify one or more of the matters
specified in paragraph (1)(D), the Secretary shall identify those
matters for which certification cannot be made and shall include a
statement of the reasons therefor in the environmental management plan.
(c) Rule of Reason.--In assessing the risk of individual
activities, substances, or conditions as part of the comprehensive risk
assessment required by this section, the Secretary shall employ the
level of detail and rigor appropriate and practicable for reasoned
decision making on the matter involved, taking into account the
significance and complexity of the environmental management plan and
the need for expedition.
SEC. 6. MATERIALS AND WASTE MANAGEMENT.
(a) Policy.--The Secretary shall manage hazardous substances and
radioactive materials at the Hanford Reservation in compliance with the
standards established under subsection (b) and in accordance with the
waste management plan prepared under subsection (c).
(b) Standards.--(1) The Secretary shall, by rule, establish such
standards for the treatment, storage, and disposal of hazardous waste
and radioactive materials at the Hanford Reservation as may be
necessary to protect human health, safety, and the environment.
(2) Such standards shall be in accord with the common defense and
security and provide adequate protection to the health and safety of
the public.
(3) In establishing any standard under this subsection, the
Secretary shall take into account--
(A) reasonably anticipated future land uses;
(B) the views of the affected communities and Indian
tribes;
(C) the availability of cost-effective treatment, storage,
and disposal technologies;
(D) the risk assessment required by section 5;
(E) other human health, safety, or environmental protection
standards established by the Nuclear Regulatory Commission,
other Federal agencies, or the State of Washington for
comparable risks; and
(F) the recommendations of the Defense Nuclear Facilities
Safety Board.
(c) Waste Management Plan.--The Secretary shall include in the
environmental management plan a waste management plan containing--
(1) the standards established under subsection (b);
(2) an inventory of hazardous substances and radioactive
materials at the Hanford Reservation to a level of detail
determined reasonable by the Secretary; and
(3) for each type of hazardous substance or radioactive
material, the treatment, storage, disposal, or other management
method selected by the Secretary to manage the substance or
material in compliance with the standards established under
subsection (b).
(d) Criteria.--In selecting treatment, storage, or disposal methods
under subsection (c), the Secretary shall consider--
(1) the risk to human health, safety, or the environment
presented by the hazardous substance or radioactive material;
(2) the risk to workers from exposure to the substance or
material in the course of treatment, storage, or disposal of
the substance or material;
(3) the cost of the treatment, storage, or disposal method
in relation to--
(A) the risk to the public, workers, or the
environment; and
(B) alternative treatment, storage, or disposal
options;
(4) the extent to which the risk to the public, workers, or
the environment may be reduced by interim storage of the waste
or material until--
(A) the hazard is reduced as a result of
radioactive decay or chemical decomposition; or
(B) more cost-effective treatment or disposal
technologies are developed and are reasonably
available; and
(5) the views of Federal and State regulators of the
substance or material and the affected communities and Indian
tribes.
SEC. 7. SITE RESTORATION.
(a) Policy.--The Secretary shall take corrective and remedial
actions at the Hanford Reservation in compliance with the standards
established in subsection (b) and in accordance with the site
restoration plan prepared under subsection (c).
(b) Standards.--(1) The Secretary shall, by rule, establish such
standards for the performance of corrective, remedial, and removal
actions at the Hanford Reservation as may be necessary to protect human
health, safety, and the environment.
(2) Such standards shall be in accord with the common defense and
security and provide adequate protection to the health and safety of
the public.
(3) In establishing any standard under this subsection, the
Secretary shall take into account--
(A) reasonably anticipated future land uses;
(B) the views of the affected communities and Indian
tribes;
(C) the availability of cost-effective technology for
performing corrective, removal, or remedial actions;
(D) the risk assessment required by section 5;
(E) other human health, safety, or environmental protection
standards established by the Nuclear Regulatory Commission
other Federal agencies, or the State of Washington for
comparable risks; and
(F) the recommendations of the Defense Nuclear Facilities
Safety Board.
(c) Remedy Selection.--(1) The Secretary shall select remedial
actions that achieve the level of cleanup under subsection (b), taking
into account the following factors--
(A) the effectiveness of the remedy;
(B) the capability of the remedy to achieve long-term
protection of human health, safety, and the environment;
(C) the risk posed by the remedy to the public, to workers
engaged in the remedial actions, and to the environment;
(D) the acceptability of the remedy to the affected
communities and Indian tribes; and
(E) the reasonableness of the cost of the remedy in
relation to the preceding factors.
(2) The Secretary shall give due consideration to the selection of
interim containment as a remedy where--
(A) the risk to human health, safety, and the environment
diminishes over time as a result of radioactive decay or
chemical decomposition; or
(B) alternative remedies are technically infeasible or
unreasonably costly.
(3) The Secretary shall establish cost-effective generic remedies
and expedited procedures for selecting generic remedies, as
appropriate, at multiple sites within the Reservation.
SEC. 8. WORK FORCE RESTRUCTURING.
Notwithstanding section 3161 of the National Defense Authorization
Act for Fiscal Year 1993 (Public Law 102-484) or any other provision of
law, the Secretary shall reduce the number of employees employed by the
Department or its contractors at the Hanford Reservation to the number
needed to accomplish authorized activities.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary such sums
as may be necessary for environmental management activities at the
Hanford Reservation.
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