IV. PROGRAM REVIEW

This chapter provides an overview of Berkeley Lab’s environmental management program, reviews the status of various compliance programs and activities, and presents measures of the Laboratory’s environmental performance in key areas for 1999.

The Environment, Health, and Safety Division (EH&S) is responsible for administering environmental protection and compliance programs at Berkeley Lab. The organizational structure of EH&S for 1999 is shown in Figure 3-1.

The Environmental Protection Group (EPG) oversees site-wide environmental compliance activities, provides technical assistance to Laboratory staff, and assesses site characterization and cleanup. Environmental monitoring programs are an important component, providing critical information to demonstrate compliance and make programmatic decisions. For 1999 monitoring result summaries, see Chapters 4–10. The Waste Management Group (WMG) manages hazardous, medical, radioactive, and mixed (hazardous and radioactive) waste generated at the Laboratory. The Radiation Protection Group (RPG) is responsible for the safe use of radiation sources at Berkeley Lab, including both machine sources (e.g., accelerators) and radioisotopes.

Certain Berkeley Lab activities require operating permits from environmental regulatory agencies. Table 3-1 summarizes the active permits held by Berkeley Lab at the end of the year by area of environmental activity.

The agencies regulating the environmental programs at Berkeley Lab periodically inspect the Laboratory. Table 3-2 lists the inspections by these agencies that occurred at Berkeley Lab during 1999. The list includes self-monitoring inspections conducted by Berkeley Lab, as required by East Bay Municipal Utility District (EBMUD) wastewater discharge permits, because these activities expose the Laboratory to potential regulatory violations. Berkeley Lab received no violations from these 19 inspections. See §3.17.

Berkeley Lab filed one report with DOE for a minor environmental incident in 1999 that was reportable under the DOE occurrence-reporting program.¹ No injuries, accidents, or damage resulted from this incident. Table 3-3 identifies this incident and the section in this report that describes the incident.

The Clean Air Act² is the key statutory reference for federal, state, and local air pollution control programs. It classifies air pollutants into several main categories:

• Criteria air pollutants (e.g., carbon monoxide, nitrogen oxides, particulate matter);
  
• Hazardous air pollutants (e.g., radionuclides, volatile air toxics); and
  
• Ozone-depleting substances (e.g., chlorofluorocarbons or “freons”).

The State of California’s own air pollution control program³ gives it additional powers to control sources of air emissions.

Berkeley Lab divides its air quality protection and compliance activities into two categories: radiological (see §3.7) and nonradiological (see §3.8).

Radionuclides released to the atmosphere from Laboratory research activities must adhere to the standards in 40 CFR 61, Subpart H (National Emission Standards for Emissions of Radionuclides Other Than Radon from Department of Energy Facilities⁴) as well as DOE Orders 5400.1⁵ and 5400.5.⁶ Subpart H is part of the National Emission Standards for Hazardous Air Pollutants (NESHAPs) program. US/EPA administers NESHAPs, while DOE administers Orders 5400.1 and 5400.5.

To properly account for radiological air emissions, Berkeley Lab conducts a preliminary review of all projects that may release radionuclides. This review includes a determination of the dose to the nearest off-site member of the public following NESHAPs regulations and DOE EH-0173T⁷ guidance. The assessment takes a conservative or worst-case approach by assuming that no portion of the release is collected by emission controls, even if such controls exist. Berkeley Lab’s methodology for determining the appropriate level of sampling, monitoring, or administrative controls necessary to maintain compliance with NESHAPs has been approved by EPA and is summarized in Table 4-2. See §4.2. Results of the emissions-sampling and monitoring program are also presented throughout Chapter 4. The Laboratory documents its NESHAPs compliance status with an annual report to EPA, which is available on Berkeley Lab’s Environmental Protection home page at http://www.lbl.gov/ehs/epg/html/env_protection.htm.

The Bay Area Air Quality Management District (BAAQMD) implements federal and state air quality requirements for most non-NESHAPs air-emission activities. Mobile source activities are the notable exception.

At the end of 1999, Berkeley Lab had eight activities holding BAAQMD operating permits.⁸ The annual inspection of these sources by BAAQMD took place on November 3, and there were no findings from this visit. Operating permits are renewed annually, at which time BAAQMD also requests information required by the state’s Air Toxics “Hot Spots” Information and Assessment Act of 1987.⁹ For a list of active operating permits, see Table 3-4.

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA)¹⁰ was passed to regulate actual or threatened releases into the environment. Actions under CERCLA and related statutes include removal and/or remedial action if the release may present an imminent danger, as well as remedial investigations and feasibility studies that determine site cleanup options.

After considering information available in 1991 about historic Laboratory activities, US/EPA determined that environmental risks were low and did not warrant a CERCLA-based investigation. At the request of the Committee to Minimize Toxic Waste (CMTW), a local citizens’ group, EPA reevaluated the Berkeley Lab site in 1998 to determine whether the site is eligible for inclusion on the federal Superfund list, also known as the National Priorities List (NPL).

In evaluating Berkeley Lab for possible inclusion on the NPL, EPA considered data submitted by CMTW and additional data provided by DOE. EPA determined, based on CERCLA screening criteria, that the site is eligible for the NPL. EPA also determined, however, that existing data indicate that low levels of tritium at Berkeley Lab are well below EPA clean air public health standards and do not indicate a need to add Berkeley Lab to the Superfund list. To make a final listing decision, EPA requested additional sampling of the air, water, and soil in and around the Laboratory. Berkeley Lab responded to this request by preparing sampling plans for air, vegetation, soil and sediment, and surface water. Sampling is scheduled to begin in 2000 and to be completed the following year.

Berkeley Lab continues to investigate specific areas of concern at the site under the requirements of the Corrective Action Program of the Resource Conservation and Recovery Act of 1976 (RCRA).¹¹ Because these areas of interest relate to groundwater protection, all monitoring efforts for the year are described in Chapter 6.

CERCLA also has implications for off-site incidents associated with Berkeley Lab’s activities. In 1999, two incidents developed:

• Quicksilver site in Brisbane, California. Quicksilver Products, Inc., operated as a mercury recycler at this location from 1988 through 1995. The California Department of Toxic Substance Control (DTSC) conducted an investigation and cleanup of the site and is now seeking recovery of its costs. In 1999, DTSC identified Berkeley Lab as one of the parties potentially responsible for these costs because it once sent fluorescent/mercury lamps and mercury-contaminated debris to the Quicksilver site. Berkeley Lab and other potentially responsible parties are negotiating possible allocation of the cleanup costs with DTSC.
  
• Pilot Petroleum/Gibson Environmental Facility in Redwood City, California. This facility, which treated and disposed of oily water wastes, was operated from 1989 through 1995 on property leased from the Port of Redwood City. After the operators of the facility declared bankruptcy in 1995, DTSC notified the Port that, as owner of the site, it must assume responsibility for closing the facility. The Port brought suit, seeking recovery under CERCLA of its costs to investigate and remedy contamination at the site. Berkeley Lab was not named as a defendant in the suit, but the Laboratory answered interrogatories and requests for admission and document production.

The Emergency Planning and Community Right-To-Know Act (EPCRA) was passed in 1986 as Title III of the Superfund Amendments and Reauthorization Act (SARA).¹² This Act establishes requirements for emergency planning, notification, and reporting. In California, the requirements of SARA Title III are incorporated into the state’s Hazardous Materials Release Response Plans and Inventory Law.¹³ Berkeley Lab activities addressing these requirements are summarized in §§3.11, 3.12, and 3.13.

DOE facilities such as Berkeley Lab are required under Executive Order 12856 (Federal Compliance with Right-to-Know Laws and Pollution Prevention Requirements)¹⁴ to evaluate the applicability of the Toxic Release Inventory (TRI) reporting requirements of EPCRA. TRI reporting consists of two steps: (1) determining usage and (2) submitting US/EPA Form R if threshold quantities are exceeded.

Berkeley Lab determined that no chemical usage during 1999 exceeded the TRI criterion of 4,536 kilograms (10,000 pounds) for a listed substance and that, therefore, preparation of a Form R was not necessary. Table 3-5 shows the highest usage levels of the chemicals from the Laboratory’s assessment over the last several years, including several substances either recently removed from the TRI list by EPA or now listed by EPA for reasons of use or production not found at Berkeley Lab.

The City of Berkeley is the local administering agency for certain hazardous materials regulations falling under state law. Berkeley Lab voluntarily submits a Hazardous Materials Business Plan (HMBP)¹⁵ to the City of Berkeley each year, although federal sovereign immunity from such regulations has not been waived.

The 1999 HMBP included a list of all hazardous materials present on-site in amounts exceeding the state’s aggregate threshold quantities (i.e., 208 liters (55 gallons) for liquids, 227 kilograms (500 pounds) for solids, and 5.7 cubic meters (200 cubic feet) for compressed gases). The plan included annotated floor plans and summary documentation on emergency plans, procedures, and training.

The City of Berkeley requires a Risk Management and Prevention Plan (RMPP) for operations using acutely hazardous materials above certain thresholds established in 40 CFR Part 355. Berkeley Lab does not have any operations that contain hazardous substances above the threshold quantities, and therefore no RMPP is required for the site.¹⁶

§3.14      2. Federal Insecticide, Fungicide, and Rodenticide Act

Passed by Congress in 1972, the Federal Insecticide, Fungicide, and Rodenticide Act¹⁷ restricts the registration, sale, use, and disposal of pesticides. Pesticides, including insecticides and herbicides, are applied at the Berkeley Lab site by licensed contractors only. The Laboratory operates a composting program to minimize the use of herbicides and to reduce solid waste. The mulch generated from composting is used on-site for weed screening and landscaping where herbicides were previously applied. The end products from the chipper and mulcher program are also used to control erosion.

The objective of the Toxic Substances Control Act (TSCA)¹⁸ is to minimize the exposure of humans and the environment to chemicals found in manufacturing, processing, commercial distribution, or disposal activities. TSCA establishes a protocol for evaluating chemicals before they are introduced into the marketplace and controlling their use once they are approved for manufacturing. TSCA regulations are administered by US/EPA. Polychlorinated biphenyls (PCBs) remain the sole substance at Berkeley Lab currently affected by the TSCA regulations.

Since the TSCA program began, the Laboratory has removed all inventoried TSCA-regulated PCB transformers (PCB concentration greater than 500 ppm). The remaining TSCA-PCB equipment is primarily large low- and high-voltage capacitors. Four of these capacitors are still in use, containing an estimated 170 kilograms (375 pounds) of regulated PCB dielectric fluid. Figure 3-2 shows the trends in reducing regulated PCB transformers and capacitors at the site. Because of the low amounts of PCBs, the Laboratory is not required to prepare an annual PCB report for EPA.

The primary goal of the Resource Conservation and Recovery Act of 1976 (RCRA)¹⁹ is to ensure that hazardous waste management practices are conducted in a manner that protects human health and the environment. RCRA affects waste treatment, storage, and disposal activities at Berkeley Lab in two areas: hazardous waste (including the hazardous portion of mixed waste) and underground storage tanks.

In California, the Department of Toxic Substances Control (DTSC) administers the RCRA hazardous waste program. The California program incorporates the provisions of both the federal and state hazardous waste²⁰ laws. The state program includes both permitting and enforcement elements. The state’s permitting program for hazardous waste treatment and storage facilities consists of five tiers. Listed in decreasing order of regulatory complexity, these tiers are:

• Full permit;
  
• Standardized permit;
  
• Permit-by-rule;
  
• Conditional authorization; and
  
• Conditional exemption.

Berkeley Lab’s Hazardous Waste Handling Facility (HWHF) operates under the “full permit” tier of the program. A full permit is also known as a RCRA Part B permit. The current permit for the HWHF²¹ was approved by DTSC on May 4, 1993, and is valid for ten years. The permit allows for storage and simple treatment of certain hazardous and mixed wastes at the HWHF. Simple treatment includes neutralization, consolidation, solidification, and desensitization. Berkeley Lab’s waste management program sends medical, hazardous, radioactive, and mixed waste generated at the Laboratory off-site for disposal. Specific low-level aqueous wastes at Berkeley Lab are stored until the radioactivity is undetectable and then discharged in conformance with the EBMUD sanitary sewer permit. In 1999, approximately 110 gallons of this waste were discharged to the sanitary sewer.

A permit modification request filed by Berkeley Lab in January 1996 remains under consideration by DTSC. Described in earlier site environmental reports, this request asked for certain changes in waste streams, storage designations, treatment methods, training, and sampling. A May 1996 consent order by DTSC allows the Laboratory to continue HWHF operations under a revised set of permit conditions until DTSC makes a determination. DTSC issued its final permit decision and approved the request to modify the HWHF Part B permit on May 20, 1999, starting a 30-day public appeal period. The modifications did not become effective in June, because an appeal was submitted and is being evaluated by DTSC.

Berkeley Lab has an additional hazardous waste permit²² to operate five fixed treatment units (FTUs). The type and location of each unit are listed in Table 3-6. These treatment units operate independently of the HWHF. Three of these FTUs are authorized to operate under the “conditional authorization” tier, while the remaining two are authorized to operate under the “permit-by-rule” tier. The level of treatment determines which tier applies. DTSC requests renewal of this permit each year. In March 1999, the Laboratory submitted the 1999 FTU renewal package to DTSC and the City of Berkeley. Beginning in 2000, the City of Berkeley will oversee all future tiered permitting renewals.

Waste management permits and regulations require Berkeley Lab to prepare several reports for the year:

• The Biennial Hazardous Waste Report for 1999,²³ prepared for DTSC, contains generator and transport information for all hazardous waste (including the hazardous waste portion of mixed waste) activities at the HWHF during the reporting year.
  
• The Annual Waste Reduction Report,²⁴ prepared for DOE, contains a detailed analysis of waste minimization efforts made by waste generators during the reporting year.
  
• Quarterly reports on the inventory of mixed waste that is more than one year old were generated to meet a DTSC operating permit requirement.
  
• Quarterly mixed waste management reports were generated in accordance with the previously described May 1996 DTSC consent order to summarize all efforts to use commercial mixed waste disposal facilities.

In late 1995, DTSC approved the Laboratory’s Mixed Waste Site Treatment Plan (STP),²⁵ which documents the procedures and conditions used by Berkeley Lab to manage its mixed waste streams. The Laboratory prepares an annual report that quantifies the amount of mixed waste in storage at the end of the reporting period. This update is prepared annually in October for the previous fiscal year.

DOE’s occurrence-reporting program is designed to track incidents at DOE facilities around the country. The program ranks incidents on a graded scale, using a rigid set of criteria. See Table 3-3. In May, Berkeley Lab was notified by an off-site disposal facility that PCB contamination was found in oil destined for recycling. The contamination was verified by a third party contractor using a split sample and by a Berkeley Lab contract laboratory. The PCB-contaminated oil was diverted from recycling to incineration at a TSCA-permitted treatment facility. As a result of this incident, the WMG has incorporated routine analytical testing of all oil destined for recycling.

Berkeley Lab’s environmental restoration program is conducted under the requirements of the RCRA corrective action program. See §3.9. It is intended to satisfy three criteria:

• Identification of areas of contamination that may have resulted from past releases of contaminants to the environment;
  
• Determination of the sources and extent of contamination; and
  
• Development and implementation of plans to remediate contaminated areas.

The RCRA Facility Investigation (RFI) Work Plan,²⁶ which details environmental investigations necessary to characterize the site, was submitted to DTSC in October 1992. Now into the final phase of the RFI, Berkeley Lab submitted seven RFI Work Plan Addenda²⁷ in 1999 before installing new groundwater monitoring wells, investigating areas of soil contamination, or evaluating potential source areas for groundwater contamination. In addition to these addenda, the Laboratory submitted two work plans²⁸ in 1999 for the implementation of Interim Corrective Measures (ICMs), including removal of contaminated soil.

In February 1997, Berkeley Lab submitted a Draft Final RCRA Facility Investigation Report²⁹ to the regulatory agencies overseeing the investigation (i.e., DTSC, the Regional Water Quality Control Board (RWQCB), and the City of Berkeley). The report documents RFI activities through September 1996. A report addendum that will include subsequent RFI activities (through completion of the RFI) is planned for submittal to these regulatory agencies in mid-2000.

Finally, Berkeley Lab’s environmental restoration program submitted four quarterly progress reports³⁰ to DTSC in 1999 in accordance with RCRA Part B Permit requirements. These reports detail project activities conducted during each three-month period and activities planned for upcoming periods.

The environmental restoration program maintains a proactive interaction with stakeholders, including DTSC, the RWQCB, and the City of Berkeley. The program holds quarterly meetings at which the status of performed and planned activities is discussed. The program also holds technical workshops with the agencies. The technical meetings give the agencies a detailed description of results from field investigations and facilitate agency involvement in planning future activities.

Medical waste includes biohazardous waste (e.g., blood and blood-contaminated materials), “sharps” waste (e.g., needles), and other waste produced in research relevant to the diagnosis, treatment, or immunization of human beings or animals or in the production of biological products used in medicine. In California, the state’s Medical Waste Management Act³¹ contains requirements designed to ensure the proper storage, treatment, and disposal of medical waste. The state program is administered by the Department of Health Services.

The Laboratory generates medical waste at about 100 different locations distributed over 12 buildings, including four off-site buildings. The Life Sciences programs, including the Human Genome project, are the primary generators of medical waste. Berkeley Lab does not treat any medical waste; treatment of medical waste is performed at off-site vendor facilities. Berkeley Lab ships medical waste off-site for treatment through incineration or steam sterilization. The majority of the waste is treated via steam sterilization before disposal at a landfill.

Under the state’s program, Berkeley Lab is considered a large-quantity generator because it generates more than 91 kilograms (200 pounds) of medical waste each month. The Laboratory completed its annual registration renewal in November.

In the early 1980s, California addressed the problem of groundwater contamination from leaking underground storage tanks (USTs) through a rigorous regulatory and remediation program.³² The state requirements for USTs containing hazardous materials include permitting, construction design, monitoring, record-keeping, inspection, accidental releases, financial responsibility, and tank closure. The state’s program satisfies the provisions of RCRA.³³ The City of Berkeley is the local administering agency for UST regulations that apply to Berkeley Lab.

At the end of 1999, eight permitted USTs remained at the Laboratory. See Table 3-7. The tanks contain either diesel fuel or unleaded gasoline. All tanks are double-walled and meet regulatory standards for construction, monitoring, leak containment, and design of operating tanks. The Laboratory has removed a total of seven tanks from the site since 1993.

Executive Order 13101 (Greening the Government through Waste Prevention, Recycling, and Federal Acquisition) replaces Executive Order 12873 (Federal Acquisition, Recycling, and Waste Prevention). Like its precursor, Executive Order 13101 seeks to integrate recycled materials into the procurement and acquisition process.³⁴ Identified categories of products include:

• Paper and paper products;
  
• Vehicular products;
  
• Construction products;
  
• Transportation products;
  
• Park and recreation products;
  
• Landscaping products; and
  
• Nonpaper office products.

In procuring these items, all federal agencies must, by December 31, 2004, buy only US/EPA-listed items with specified contents of recycled materials.

Berkeley Lab has had an affirmative procurement program since 1992. The Laboratory’s buyers search for products made from recycled materials and work with other federal facilities to enhance their power to purchase environmentally sound products. The Laboratory has implemented a “stepped” program to ensure that, by December 31, 2004, only EPA-listed products produced from recycled materials will be purchased as long as these materials are available at reasonable cost and are compatible with the Laboratory’s operating needs. Since 1999, Berkeley Lab has required that all toner cartridges be purchased as remanufactured toner cartridges.

The California State Legislature passed the Hazardous Waste Source Reduction and Management Review Act³⁵ in 1989. With an emphasis on minimizing waste and preventing pollution, the Act has the following goals:

• To reduce hazardous waste at its source;
  
• To encourage recycling wherever source reduction is not feasible or practicable;
  
• To manage hazardous waste in an environmentally safe manner and minimize present and future threats to health and the environment if it is not feasible to reduce or recycle; and
  
• To document hazardous waste management information and make that information available to state and local government.