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Chapter 3. Environmental Program Summary
This chapter summarizes the effectiveness of the Laboratory's environmental programs during 1996. The chapter begins with a brief overview of the organizational framework for managing environmental programs at Berkeley Lab. Most of the chapter discusses various compliance programs and activities, such as environmental permits, regulatory inspections or other audits, and significant regulatory developments. The chapter closes with an update on a series of criteria designed to measure environmental performance at the Laboratory in key areas.
Overview of Environmental Responsibilities
The Environment, Health, and Safety Division (EH&S) is responsible for administering environmental protection and compliance programs at Berkeley Lab. The majority of environmental regulatory programs are managed by one of two groups found within the Services Department: the Environmental Protection and Waste Management Groups. The organizational structure of the EH&S Division for 1996 is shown in Figure 3-1.
Figure 3-1. LBNL Environment, Health and Safety Division Organization
The Environmental Protection Group (EPG) oversees site-wide environmental compliance efforts, provides related technical assistance, and assesses site and groundwater characterization and cleanup. Environmental monitoring programs are an important component, providing critical information used in demonstrating compliance and making programmatic decisions. Results from the monitoring programs are discussed in chapters 4 through 11 of this report.
The Waste Management Group (WMG) manages hazardous, medical, radioactive, and mixed (hazardous and radioactive) waste generated at the Laboratory. In addition to managing day-to-day activities at the Hazardous Waste Handling Facility, the group's responsibilities include ensuring that Laboratory waste is characterized properly and providing assistance to the Laboratory community on hazardous waste issues, with particular emphasis on incorporating opportunities for pollution prevention or waste minimization.
Summary of Environmental Permits
Various Berkeley Lab activities require operating permits from environmental regulatory agencies. Table 3-1 lists the different categories of permits, the number of permits within each category, the issuing agency and the section of this chapter that describes the permits more fully.
Summary of Audits and Inspections
Obligated by mandated responsibilities, numerous regulatory agencies inspect Berkeley Lab each year. Table 3-2 lists the visits for 1996. Also included in the list are appraisals performed by DOE, and self-monitoring events required by EBMUD wastewater discharge permits, since self-monitoring events have the potential for a regulatory violation. Not included on the list were agency visits involving only onsite informational meetings. As seen in this table, none of the regulatory reviews produced any violations in 1996.
Summary of Environmental Incidents
Although Berkeley Lab received no inspection violations in 1996, the Laboratory filed three reports to DOE for environmental incidents in 1996 under the DOE occurrence reporting program.1Each of these incidents will be discussed in greater detail later in the program compliance section of this chapter. Table 3-3 summarizes these incidents and refers to the section that contains the detailed discussion.
Air Quality
Clean Air Act
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 classes, including
The State of California has its own statutory air pollution control program3 giving it additional powers to control sources of air emissions. In following the federal and state requirements, air quality protection and compliance activities at Berkeley Lab are divided into two categories: radiological and nonradiological.
Radiological
Radionuclides released to the atmosphere from Laboratory research activities must adhere to the standards found in 40 CFR 61, Subpart H, National Emission Standards for Emissions of Radionuclides Other Than Radon from Department of Energy Facilities,4 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 the NESHAPs regulations, while DOE oversees the requirements of the DOE orders. There were no US/EPA inspections of the Berkeley Lab radiological program in 1996.
Many research projects at the Laboratory that emit NESHAPs-regulated radionuclides are dynamic. Research projects often have a fixed duration, and new projects may occur at new locations and use a different set of radionuclides. Such changes affect both the sampling strategy and sampling instrumentation.
To track compliance and assess emission monitoring requirements, Berkeley Lab reviews all activities that may release radionuclides before a project starts. This review is achieved through the Laboratory's Radiological Work Authorization program, which tracks the use and inventory of all radionuclides on site. An assessment based on the nature of the proposed work and the type of radionuclide provides a basis for determining the dose to the nearest offsite member of the public. Observing US/EPA regulations and DOE EH-1073T7 guidance, this assessment assumes that no portion of the release is collected by emission controls even if such controls exist. Berkeley Lab has formalized internal guidance to determine the appropriate level of sampling, monitoring, or administrative controls necessary to maintain compliance with NESHAPs. This methodology has been approved by US/EPA and is summarized in, Table 4-2 of Chapter 4, Air Quality.
Berkeley Lab also prepares an annual summary report to document NESHAPs compliance. The 1996 NESHAPs report for the Laboratory is attached as Appendix B. Chapter 4 also presents the results and discussion on the Laboratory's radiological emissions exhaust sampling and ambient air monitoring program for the year.
Nonradiological
The Bay Area Air Quality Management District (BAAQMD) implements federal and state air quality requirements for most air-emission activities that fall outside of NESHAPs, aside from mobile sources. BAAQMD takes a two-fold approach in implementing its program:
At the end of 1996, Berkeley Lab had 22 specific operations or sitewide activities with BAAQMD operating permits.8 Operating permits are renewed annually. BAAQMD also requests information on the state's Air Toxics "Hot Spots" Information and Assessment Act of 1987 (AB2588)9 during the annual permit renewal process. A listing of operating permits renewed by Berkeley Lab in 1996 is provided in Table 3-4. Many more sources of air emissions do not require operating permits because of categorical exclusions specified in BAAQMD regulations.
All activities, however, are subject to the standards of operations found in the BAAQMD regulations.10 The diversity of research and support activities creates an extensive set of Laboratory operations affected by BAAQMD emission source categories. The list of BAAQMD source categories includes:
BAAQMD conducted its annual inspection of permitted sources on October 23. There were no violations.
Under other permitting activities, the Laboratory submitted three permit modification requests in 1996. The first application requested a consolidation of the 14 building-wide permits into a single facility-wide wipe-cleaning permit. BAAQMD approved this request in late May. The change did not alter the total amount or type of solvent that could be used for wipe cleaning activities, but it streamlined the permit's recordkeeping and provided the Laboratory with the flexibility to perform wipe cleaning anywhere on site.
The second permit modification asked for a minor increase in solvent usage at a source subject to semiconductor manufacturing regulations. The third modification requested the use of two additional solvents in a vapor degreasing system previously permitted to use only 1,1,1-trichloroethane (a Class I ozone-depleting substance or ODS). This system, located in the Ultra High Vacuum Cleaning Facility (UHVCF) in Building 77, is the largest remaining source of ODS usage onsite.
With the global ban on the production of Class I ODSs11 now in effect, this permit modification gave Berkeley Lab additional operational flexibility while efforts to acquire a non-ODS cleaning system for the UHVCF continued. The Laboratory received shipment of a new multistage ultrasonic cleaning system in January 1997. It is expected that the present vapor degreaser and the new system will initially operate in parallel until testing is completed.
Environmental Restoration
Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA)
CERCLA12 was passed in 1980 to regulate actual or threatened releases into the environment. Actions under CERCLA and related statutes include removal and/or remedial action where the release may present an imminent danger, as well as remedial investigations and feasibility studies that determine site cleanup options.
Based on information provided by Berkeley Lab in 1991 about its historical onsite activities, US/EPA determined that the risks to the environment are low and do not trigger a CERCLA-based investigation. However, as a condition of its hazardous waste permit, an investigation is being performed based on the requirements of the Corrective Action Program13 of the Resource Conservation and Recovery Act (RCRA). See Chapter 6, Groundwater Protection, of this report for a discussion of environmental restoration efforts in 1996.
CERCLA also has implications for offsite incidents associated with Berkeley Lab activities. There were no new incidents to report in 1996.
One offsite incident remained open in 1996. In late 1995, Berkeley Lab received a Proposed Finding of Potential Liability Status letter from the state of Washington Department of Ecology (WDOE) concerning a hazardous substance release in Yakima, Washington. Berkeley Lab was notified because of eight used carbon drums it previously sent to this site in Yakima for recycling. Berkeley Lab disputed any contribution to contamination at the site, based on the nature of the material sent and associated shipment dates. According to Laboratory records, these carbon drums contained an extremely small amount of contaminated solvent, approximately 28.8 grams (0.06 pounds) of perchloroethylene from treated groundwater at the Laboratory site. Furthermore, these shipment dates were after the Department of Ecology became involved in the site and during a period when WDOE itself sent used carbon to the site, according to the Yakima site records. Nevertheless, WDOE named Berkeley Lab as a Potentially Liable Party (PLP) in March 1996.
In late 1996, Berkeley Lab joined a de minimis PLP group, which has now reached a settlement agreement with WDOE. The agreement provides for payment by PLP group members of amounts based on pounds of carbon sent to the Yakima site, in exchange for a covenant not to sue by WDOE and statutory contribution protection under both state and federal Superfund statutes. Once all PLP group members have made payments required by the consent decree, a motion for dismissal of WDOE's action against the PLP group members will be filed.
Hazardous Materials
Emergency Planning and Community Right-To-Know Act
This Act was passed in 1986 as Title III of the Superfund Amendments and Reauthorization Act (SARA).14 The Act establishes requirements for emergency planning, notification, and reporting. The California Hazardous Materials Release Response Plans and Inventory Law15 incorporates the requirements of SARA Title III, which include:
Compliance activities under these sections of the law are summarized below.
Toxic Release Inventory
DOE facilities such as Berkeley Lab are required under Executive Order 12856, Federal Compliance with Right-to-Know Laws and Pollution Prevention Requirements,16 to evaluate the applicability of the Toxic Release Inventory (TRI) reporting requirements of EPCRA. TRI reporting consists of two steps: determining usage, and submitting US/EPA Form R if threshold quantities are exceeded.
Berkeley Lab determined that no chemical usage during 1996 exceeded the 4,536-kilogram (10,000-pound) criterion under the TRI law, and thus, no Form R preparation was needed. Table 3-5 compares the highest usage levels of the chemicals from the Laboratory's TRI assessment over the last several years. Notice that several of the substances previously tracked by the Laboratory have been officially removed from the TRI list by US/EPA.
Hazardous Materials Management Plan
The City of Berkeley is the local administering agency for certain hazardous materials regulations pursuant to state law. Berkeley Lab voluntarily submits a Hazardous Materials Management Plan (HMMP)17 to the City of Berkeley each year, although federal sovereign immunity from such regulations has not been waived.
The 1996 Plan included summary reports of the inventory of containers present on site in various hazardous or regulatory areas of concern. The reports included summaries of all carcinogens, reproductive toxins, ozone-depleting substances, and extremely hazardous substances. In addition, a report was provided which included all substances 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 corresponding hazard lists for each building. Accompanying the 1996 Plan was the documentation (i.e., emergency plans and procedures and training) that must be updated a minimum of every two years.
Risk Management and Prevention Plan
The City of Berkeley requires a Risk Management and Prevention Plan (RMPP)18 for operations using acutely hazardous materials above certain thresholds established in 40 CFR Part 355. Berkeley Lab does not have any operations which contain hazardous substances above the threshold quantities. In the interest of best management practices, an RMPP was prepared for the Ultra High Vacuum Cleaning Facility in Building 77 because the facility uses common industrial chemicals which deserve attention to assure the safest possible environment.19 The RMPP was completed in 1995. Revision to the plan is anticipated now that the UHVCF is operational. The newly-completed facility functions with a significantly reduced or eliminated acutely hazardous materials inventory.
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Passed by Congress in 1972, FIFRA's20 purpose is to restrict the registration, sale, use, and disposal of pesticides. Pesticides, including insecticides and herbicides, are applied at the Berkeley Lab site only by licensed contractors. Insecticides are limited to as-needed application in and near buildings. To minimize the use of herbicides and to reduce solid waste, the Laboratory runs a composting program consisting of a chipper and two mulchers. In 1996, the chipper produced an estimated 160 metric tons (175 tons) of chipped wood that was subsequently used for onsite landscaping. All of the trees used to produce the wood chips had been removed as part of the Laboratory's fire management program. The composters generated about 6 cubic meters (8 cubic yards) of mulch that was used onsite for weed screening and landscaping where herbicides were previously applied.
Toxic Substances Control Act (TSCA)
TSCA21 is designed to minimize the exposure of humans and the environment to the many chemical substances and mixtures found in manufacturing, processing, commercial distribution, or disposal activities. TSCA establishes a means of evaluating these products before they are introduced into the marketplace and controlling their use once they are approved for manufacturing. TSCA is one of the few regulations affecting Berkeley Lab that is still administered at the federal level. The most prominent substance at Berkeley Lab affected by the TSCA regulations is polychlorinated biphenyls or PCBs.
Since the US/EPA program began, the Laboratory has aggressively inventoried and removed all regulated PCB transformers. The remaining sources of PCBs are primarily large low- and high-voltage capacitors. Approximately 50 of these capacitors are still in use or storage, containing an estimated 192 kilograms (424 pounds) of PCBs. The estimated volume of PCBs in electrical transformers is less than 1 kilogram. Figure 3-2 shows the trends in reducing regulated-PCB transformers and capacitors from the site.
Figure 3-2. Trends in Onsite Inventory of Regulated-PCB Capacitors and Transformers
Hazardous Waste
Resource Conservation and Recovery Act and California Hazardous Waste Control Law
The primary goal of the Resource Conservation and Recovery Act of 197622 is to assure 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 three areas: hazardous waste (including the hazardous portion of mixed waste), medical waste, and underground storage tanks. In California, DTSC, rather than US/EPA, administers the RCRA program.
Hazardous Waste
The California hazardous waste program administered by DTSC incorporates the provisions of both the federal and state hazardous waste23 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:
Berkeley Lab's Hazardous Waste Handling Facility operates under the "full permit" tier of the program. All Berkeley Lab hazardous, radioactive, and mixed (radioactive and hazardous) waste is packaged for transport off site for ultimate disposal. The current permit for the HWHF24 was approved by DTSC on May 4, 1993, and is valid for ten years. The permit allows storage and simple treatment of certain hazardous and mixed wastes at the HWHF. Simple treatment includes neutralization, consolidation, solidification, and desensitization. Any change in operations must receive prior approval from DTSC.
In 1994, DTSC modified the permit at the request of Berkeley Lab. Currently, a permit modification request that originally was submitted in 1995 is under review by DTSC. The original request was revised in January 1996. The current request applies to operations at the existing and replacement HWHF and includes the following issues:
The Laboratory held a required public meeting on the revised request in early February 1996. The Laboratory previously held a public meeting on the original modification request in October 1995 and a public meeting in November 1995 to gain input for the purpose of developing a California Environmental Quality Act25 document for the proposed changes. Additionally, DTSC held a non-required public hearing on the matter in March 1996.
Originally, DTSC expected to make a decision on the permit modification by early May 1996 when a temporary authorization covering certain aspects of the modification request would expire. The period for public comment on the revised request was extended twice at the request of the public and did not end until April 19, 1996. As of early May 1996, DTSC and Berkeley Lab were just beginning the process of responding to the public comments. As a result of the delays with the Laboratory's request, DTSC issued a consent order that allows the HWHF to operate under a revised set of permit conditions until the agency makes a decision on the request.
In a separate request to DTSC, Berkeley Lab received approval in July to relocate 7 storage units from the existing HWHF to the replacement HWHF. The approval outlined the training of workers involved, acceptable methods of transporting the units the short distance (i.e., approximately 500 meters), and reporting requirements surrounding the move. DTSC approved the move activities until June 15, 1997.
Berkeley Lab has an additional hazardous waste permit26 to operate six fixed treatment units (FTU) (Table 3-6). These treatment units are located separate from the HWHF. Three of these FTUs are authorized to operate under the "conditional authorization" tier, while the remaining three are authorized to operate under the "permit-by-rule" tier. DTSC requests renewal of this permit each year in March or April. The Laboratory submitted the 1996 renewal package for five of the six FTUs to DTSC, the City of Berkeley, the City of Oakland, Alameda County, and EBMUD.
The sixth FTU under this permit (FTU 006) first received authorization from DTSC to begin operations in May, after the Laboratory submitted a permit amendment in April to reflect operation upgrades at Building 77. FTU 006 includes a 227-liter per minute (60-gallon per minute) treatment unit capable of treating acidic rinse water containing metals and alkaline rinse water generated by the Ultra High Vacuum Cleaning Facility in Building 77. FTU 001, previously serving the UHVCF, remains operational although in a backup role.
In 1996, DTSC was the regulatory agency authorized to perform inspections of both the HWHF and the fixed treatment units. DTSC did not inspect the fixed treatment units in 1996. However, it did conduct a limited-scope inspection at the HWHF in April. DTSC did not have any findings or observations from this sole inspection.
Waste management permits and regulations require several reports during the year. Berkeley Lab updated the contingency plan at the Building 75 complex as called for in the facility's operating permit. It also prepared the Annual Hazardous Waste Report for 199527 for DTSC, with a copy to the RWQCB. It contains specific generator and transport information for all activities at the Hazardous Waste Handling Facility during the reporting year. Also, quarterly reports on the Laboratory's mixed waste inventory were provided to DTSC, again with a copy to the RWQCB. Berkeley Lab also prepared the Annual Waste Reduction Report28 for DOE, covering the previous calendar year. It contains a detailed analysis of waste minimization efforts made by waste generators.
In late 1995, DTSC approved the Laboratory's Mixed Waste Site Treatment Plan (STP).29 The STP documents the procedures and conditions used by Berkeley Lab to manage its mixed waste streams. These reports identify the quantity of new mixed waste generated by waste stream, as well as the quantity of waste treated, reclassified, or shipped offsite. The Laboratory submitted several requests during 1996 to modify the STP to address anticipated changes in operations. The requests include adding new waste streams for both solid and particulate material, deleting several waste streams dealing with gases, and adding an option to treat several waste streams from the National Tritium Labeling Facility (NTLF) with a catalytic oxidation unit, as well as adding several EPA codes.
One incident initiated special reporting under the DOE's occurrence reporting program. Using process flow methods, Berkeley Lab determined that two waste streams from the NTLF characterized as radioactive-only should have been characterized as mixed waste (i.e., waste that contains both hazardous and radioactive components). Berkeley Lab determined that its previous characterization affected three shipments of NTLF waste sent to the Westinghouse Hanford Company's disposal site in Hanford, Washington. The shipments were in 1989, 1990, and 1995, and represented less than one percent by volume of the total waste shipped. An estimated 13 liters (3.4 gallons) of organic solvents were included in the three shipments.
The findings prompted a continuation of the suspension of waste shipments to the Hanford site until Westinghouse Hanford Company, DOE, and the Washington state Department of Ecology were all satisfied that Berkeley Lab had adequately updated its waste management policies to properly characterize its waste. Berkeley Lab was given approval to resume shipments to the Hanford site in the first quarter of 1997.
Table 3-7 shows the total radioactivity contained in radioactive and mixed waste generated by Berkeley Lab activities in 1996, as well as the total inventory of these wastes in storage at the HWHF at the end of the year. The total volume of hazardous waste from routine and nonroutine activities generated during the year and in storage at the end of the year is also presented in the table. About 35% of the hazardous waste came from routine activities.
During 1996, the HWHF shipped the following amounts of waste for offsite disposal:
No radioactive waste was shipped while the waste characterization issues with the Westinghouse Hanford Company were being resolved.
RCRA Corrective Actions Program Site Environmental Restoration
The environmental restoration program at Berkeley Lab is conducted under the RCRA Corrective Action Process and is intended to satisfy three criteria:
The RCRA Facility Investigation Work Plan,30 which details environmental investigations necessary to characterize the site, was submitted to DTSC in October 1992. Berkeley Lab submits RFI Work Plan Addenda prior to initiation of specific site activities. The Laboratory submitted eight such addenda to regulators (i.e., Department of Toxic Substances Control, Regional Water Quality Control Board, and the City of Berkeley) in 1996. Two applications for well construction in addition to the associated addenda were submitted to the City of Berkeley. Four quarterly progress reports31 were submitted to DTSC in accordance with RCRA Part B Permit requirements. The quarterly progress reports detail project activities conducted during a given period and activities planned for upcoming periods.
The environmental restoration program maintains a proactive interaction with stakeholders including DTSC, the Regional Water Quality Control Board, and the City of Berkeley. The program holds quarterly meetings with stakeholders where the status of performed and planned activities is discussed. The program also holds technical working group 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. In addition, Berkeley Lab provided updates on program activities at a City of Berkeley Community Environmental Advisory Commission meeting held in early April, and participated in a public workshop on environment, health, and safety activities later that same month.
Medical Waste
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 Act32 contains requirements designed to ensure the proper storage, treatment, and disposal of medical waste. The state program is administered by DHS. Berkeley Lab does not treat any medical waste; this is done at offsite vendor facilities.
Under the state's program, Berkeley Lab is considered a large-quantity generator, since it generates more than 91 kilograms (200 pounds) of medical waste each month. The Laboratory completed its annual renewal of its registration in November. There were no audits or inspections of the program by DHS in 1996.
The Laboratory generates medical waste at about 100 different locations distributed over 12 buildings, including four offsite buildings. The Life Sciences programs, including the Human Genome project, are the primary generators of medical waste.
In 1996, Berkeley Lab shipped about 18,714 kilograms (41,257 pounds) of medical waste off site for treatment either through incineration or steam sterilization. The majority of the waste was treated via steam sterilization prior to disposal at a landfill. About 5% of the waste total underwent incineration.
Underground Storage Tanks
In the early 1980s, California first began addressing the serious threat to groundwater contamination from underground storage tanks (USTs) by establishing a rigorous regulatory and remediation program.33 The state requirements for USTs containing hazardous materials include permitting, construction design, monitoring, recordkeeping, inspection, accidental releases, financial responsibility, and tank closure. The state program underwent modifications after US/EPA adopted federal regulations for USTs in late 1988 under the provisions of RCRA.34 These modifications were needed for the state program to obtain federal approval. The City of Berkeley is the local administering agency for UST regulations applicable to the Laboratory.
At the beginning of 1996, there were 11 USTs on site (see Table 3-8). The tanks contain diesel fuel, gasoline, or transformer oil. Ten of these tanks were already permitted by the City of Berkeley. The eleventh UST, located at the new HWHF site (Building 85), was granted a permit from the City during the year to store diesel fuel for an emergency generator.
Of the eleven permitted tanks, eight are double-walled and meet the pending December 1998 regulatory standards for construction, monitoring, leak containment, and design of operating tanks. Two of the remaining three single-walled tanks were removed in 1996, leaving only the diesel tank at Building 70A subject to upgrade or removal to meet the new standards. Berkeley Lab expects to remove this tank prior to the deadline and replace it with an aboveground storage tank. The City conducted inspections during each tank removal. The City also inspected the new HWHF tank in July to witness precision testing. There were no findings from any of these inspections.
Pollution Prevention and Waste Minimization
Executive Order 12873, "Federal Acquisition, Recycling, and Waste Prevention"
A key objective of this Executive Order35 is to integrate recycled materials into the procurement and acquisition process. The categories of products identified by the order included:
The Executive Order further mandates that all federal agencies buy printing and writing paper consisting of at least 20% post-consumer material by December 31, 1994, and at least 30% post-consumer material by December 31, 1998. No increase in federal spending on paper products will be allowed under the order. Instead, agencies must compensate for price increases by reducing paper use and waste.
Hazardous Waste Source Reduction and Management Review Act
The California State Legislature passed the Hazardous Waste Source Reduction and Management Review Act36 in 1989 (SB14). The main emphasis of SB14 is on waste minimization and pollution prevention. In particular, the goals of SB14 are as follows:
Berkeley Lab maintains and certifies a two-part report for SB14 compliance: (1) Source Reduction Evaluation Review Plan and Plan Summary,37 and (2) Hazardous Waste Management Report Summary.38 The report was not scheduled for updating in 1996.
Pollution Prevention Act of 1990
The Pollution Prevention Act39 of 1990 declares that source reduction is a national policy and directs US/EPA to study and encourage source reduction policies. Berkeley Lab's levels of pollution remain below the de minimis numbers identified in the Act and are not subject to its reporting requirements.
Water Quality
Clean Water Act
The purpose of the Clean Water Act (CWA)40 is to control the discharge of pollutants to the waters of the United States from both point and nonpoint sources using various means, including development of pollutant discharge standards and limitations, and a permit and licensing system to enforce such standards. California is authorized by US/EPA to administer the principal components of the federal water quality management program.
Furthermore, the Porter-Cologne Water Quality Control Act41 established a comprehensive statewide system for regulating water use in California. This 1969 act provides for the three-tiered system that is in use in California today: the State Water Resources Control Board (SWRCB), the nine Regional Water Quality Control Boards (RWQCB), and local governments.
For Berkeley Lab, the regional authority is the San Francisco Bay RWQCB. The local authorities are the City of Berkeley for its stormwater ordinance, and the East Bay Municipal Utility District (EBMUD) for water supply and wastewater. The regulatory programs for stormwater and wastewater discharges are independent of one another. Each program, however, integrates federal requirements with state regulations, plus any plans promulgated by the SWRCB.
EBMUD issued wastewater discharge permits42 for four Laboratory activities in 1996:
Berkeley Lab has held the first three permits for a number of years. EBMUD first issued the last permit in September. Permits are renewed annually. The permits incorporate standard terms and conditions, as well as individual discharge limits, provisions, and monitoring and reporting requirements.
EBMUD occasionally inspects the Laboratory's sanitary sewer discharge activities without prior notice. Included in Table 3-2 are such inspection dates in 1996. Neither any of these EBMUD inspections nor any of the self-monitoring required in the individual discharge permits resulted in any concerns on the part of EBMUD. In fact, there were no violations issued to the wastewater discharge program in 1996. The results of the Laboratory's self-monitoring program for 1996 are presented and discussed in Chapter 7, Sanitary Sewer.
The wastewater discharge permits for Buildings 25 and 77 require that the Laboratory maintain a relevant Toxic Organics Management Plan (TOMP). Each TOMP outlines facility management practices designed to minimize the release of toxic organics to the sanitary sewers or external environment. The TOMPs for both Buildings 25 and 77 were last updated in 1995.43
Also under the terms of its wastewater discharge permits, Berkeley Lab must maintain an Accidental Spill Prevention and Containment Plan for areas where spills have the greatest potential to occur. EBMUD leaves selection of such sites to the discretion of the permit holder. Berkeley Lab has prepared operational-specific plans for photoprocessing activity, Building 25, Building 77, the motor pool at Building 76, and the fixed treatment units at Buildings 2 and 70A.44 EBMUD does not require that these documents be submitted, but that they are on file in the relevant areas and the emergency information given is also posted.
Until the fourth permit from EBMUD was issued, treated groundwater discharge activities were regulated under the sitewide wastewater discharge permit. Under a requirement of that permit, in June, Berkeley Lab submitted a report on these activities during the past permit year.
Berkeley Lab's stormwater releases are permitted under the California-wide General Permit for Stormwater Discharges Associated With Industrial Activity.45 The general permit is issued by the State Water Resources Control Board but is administered and enforced by the Regional Water Quality Control Board. Under the permit, the Laboratory has implemented a Stormwater Pollution Prevention Plan46 and a Stormwater Monitoring Program.47 Together, these documents represent the Laboratory's plan and procedures for identifying, monitoring, and reducing pollutants in its stormwater discharges.
The general permit requires submission of an annual report on stormwater activities by July 1. Berkeley Lab transmitted its annual report to the Regional Water Quality Control Board and the City of Berkeley. Detailed discussion of stormwater results for 1996 are found in Chapter 5, Surface Water.
The City of Berkeley performs stormwater inspections of the Berkeley Lab. No inspections of this program took place in 1996. However, two incidents during the year initiated city notification.
The first incident occurred in late January at the construction site of the new Human Genome Laboratory near Building 74. A contractor set up a sump pump to drain a trench of runoff rainwater following a series of heavy seasonal storms. The hose from the sump drained to a nearby storm drain. The contractor was unaware that the trench was within 6 meters (20 feet) of the site of an underground storage tank that had been removed in 1994. Laboratory staff overseeing the efforts of the construction project detected traces of volatile organic compounds in the air at the outlet of the hose. Actions taken by Berkeley Lab included:
Later, laboratory results of the sample indicated a diesel concentration of 51 micrograms per liter, a level that posed no hazard to personnel or the surrounding environment. Prior to initial detection, an estimated 5110 liters (1350 gallons) of diesel-contaminated rainwater had been pumped into the storm drain. After sampling determined that the water was within discharge limits, the contained water was pumped to the sanitary sewer.
The second incident occurred in December when a fire alarm at the new Hazardous Waste Handling Facility malfunctioned, resulting in a continuous release of the aqueous fire suppression foam in the system. The suppressant was not considered toxic, consisting of more than 80% water and containing no ingredients on regulatory emergency reporting lists. Because the incident happened during the holiday break and prior to the alarm being connected to the lab-wide communication system, the incident went undetected until after the fire suppression foam entered Strawberry Creek. There was no waste stored in the facility, since the building was still undergoing final construction activities at the time of the incident. The City of Berkeley responded to investigate the incident. Berkeley Lab received a citation for a violation of the Clean Water Act and a bill for the time of City employees involved.
Aboveground storage tanks (ASTs) also fall under the authority of the Clean Water Act.48 The Clean Water Act and the state's Aboveground Petroleum Storage Act49 outline the regulatory requirements for these tanks. The Laboratory submitted its annual storage statement for aboveground petroleum storage tanks to SWRCB in June. Nonpetroleum (i.e., chemical or hazardous) ASTs consist of FTU tanks, drum storage at Waste Accumulation Areas (WAA), and drum storage at product distribution areas. FTU tanks are inspected each operating day by operators of the FTU. WAAs are inspected weekly by EH&S staff. Product distribution areas contain petroleum and nonpetroleum drums. Both types of drums are inspected during routine petroleum drum inspections. Certain types of aboveground storage tanks require secondary containment that will capture any potential spills. There were no ASTs identified in 1996 that needed new or upgraded secondary containment.
Safe Drinking Water Act
The Safe Drinking Water Act50 established requirements for the protection of underground sources of drinking water and sets primary drinking water standards for public water systems. Berkeley Lab has no drinking water wells on site. The drinking water provided to the site comes from EBMUD's supply and distribution system. Berkeley Lab has taken measures to protect its drinking water supply distribution system by installing backflow prevention devices on main supply lines throughout the site.
Updates on Nonregulatory, Multiprogram Reviews
Work Smart Standards
DOE and various National Laboratories began field testing a "necessary and sufficient" program in 1994. Based on this pilot test, DOE extended this program to a laboratory-wide level in 1996.51 Berkeley Lab was selected as the first multi-program laboratory within the DOE system to participate in this program, now called Work Smart Standards, at the laboratory-wide level. The goals of the Work Smart Standards program include:
Berkeley Lab established a set of Work Smart Standards52 that includes federal, state, and local laws and, additionally, national and international standards that represent the highest operating standards of industrial and commercial institutions for environment, health, and safety. The set of standards is tailored to the work performed and the hazards associated with this work, yet sufficient to ensure appropriate compliance. The set of standards was approved by Berkeley Lab and DOE's Oakland Operations Office in November, and became effective immediately upon signing.
DOE ES&H Oversight Appraisal
In October, the Oakland Operations Office of DOE conducted its annual evaluation of the performance of Berkeley Lab's ES&H management systems. The scope of the appraisal included the following three laboratory programs:
and the following seven laboratory systems:
DOE limited the review to three divisions: Energy and Environment; Environment, Health, and Safety; and Nuclear Science.
Overall, DOE concluded that Berkeley Lab has effectively established and implemented its EH&S programs and systems. DOE identified minor opportunities for improvement in both programs and systems, but acknowledged that these were not indications of missing programs or systems. Additional details on the appraisal can be found in the DOE report.53
Summary of Program Performance - UC/DOE Contract 98 Performance Measures
The present five-year operating contract for Berkeley Lab between the University of California and the Department of Energy requires performance-objective criteria and measures in many areas of management, including environmental compliance. All performance objectives are developed by representatives of the University's Office of the President, Berkeley Lab, and DOE.
In 1996, there were six measures evaluated for environmental protection management. Results for each measure are discussed below.
Radiation Protection of the Public
This measure provides an incentive to reduce the radiological dose to the public and the environment from all Berkeley Lab activities to levels that are as low as reasonably achievable. The current control level for the site is 0.03 mSv (3 mrem) per year. The adequacy of this control level is reviewed annually by Berkeley Lab, UCOP, and DOE. The most recent annual review left this value unchanged.
Methods used to minimize radiological impacts to the public and environment include engineering controls (e.g., absorber and filter installations in fume hoods and glove boxes), administrative controls (e.g., radiation work permits, beamline schedules), and inventory controls (e.g., limit on annual possession quantity of radioisotopes, central control of radioisotope ordering and purchasing). Success in achieving this goal is verified through environmental monitoring and sampling results.
During 1996, the dose that a maximally exposed individual could receive from Laboratory operations was determined to be 0.019 mSv (1.9 mrem). For the Laboratory, this value represents an upper bound dose to the public, because this maximum dose is calculated at the site boundary, rather than in the surrounding residential or workplace areas, and the dose assumes full-time occupancy at the location. This dose level is below the established Berkeley Lab control level and about 1.9% of the allowable DOE limit (1 mSv or 100 mrem).54 The comparable value reported in 1995 was 0.021 mSv (2.1 mrem). Figure 3-3 shows the cumulative public dose for 1996 at the location of the maximally exposed individual. The figure also indicates both the DOE reporting limit and Berkeley Lab's control level. For 1996, the Laboratory has met all the success gradients for an Exceeds Expectations rating.
Figure 3-3. Cumulative Public Dose for 1996 at Maximally Exposed Individual Location
Waste Reduction and Recycling
This measure provides an incentive for the Lab to reduce waste generation from routine operations, and consequently reduce costs and minimize environmental impacts. The Laboratory has targeted principal waste streams for waste reduction. These streams are:
The overall goal of the measure is to reduce the last three waste streams by 50% and the first waste streams 33% by the year 2000, using 1993 as the baseline year for comparison. Each of the four waste stream categories is tracked separately. The charts that summarize the status of each of these four waste streams are presented in Figures 3-4 through 3-7.
Figure 3-4. Trends in Reducing Routine Nonhazardous or Sanitary Waste
Figure 3-5. Trends in Reducing Routine Hazardous Waste
Figure 3-6. Trends in Reducing Routine Low-Level Radioactive Waste
Figure 3-7. Trends in Reducing Routine Mixed Waste
To achieve the results depicted in the charts, Berkeley Lab has aggressive source reduction, reuse, and recycling programs for all major types of waste generated at the facility. Berkeley Lab reviews all major waste streams annually with these factors in mind.
In the category of sanitary waste, typically more than 80% of Berkeley Lab's paper waste is recycled. Also, the Laboratory's vegetative waste program recycles all of its green waste for onsite use.
Proactive efforts surrounding reuse of hazardous substances include listing hazardous chemicals on the Berkeley Lab chemical exchange database for reuse, and reusing, treating, or recycling other large hazardous waste streams either on site or offsite whenever practicable.
Similarly, in the area of low-level and low-level mixed waste, noteworthy source reduction, reuse, or recycling highlights of the program include the following:
The Laboratory has met all the success gradients for a Far Exceeds Expectations assessment for this measure.
Source Reduction and Pollution Prevention
This measure provides an opportunity for the Laboratory to showcase the many projects that it funds whose objective is to reduce waste generation and environmental pollution. Waste reduction and pollution prevention opportunities at Berkeley Lab are prioritized using a risk-based prioritization model described in the institution's five-year plan. Several of the newer projects added to the list include the following. See Table 3-9 for a more complete list.
Luminometer in Building 83: The purchase and use of a luminometer resulted in a 98% decrease in the generation of tritiated low-level radioactive and mixed waste from research experiments. This project resulted in a national "Zero Generation" award from DOE.
Compressed Natural Gas Station at Building 76: Preliminary construction work was completed for a compressed natural gas station. A request for the remainder of the funding needed to make the station operational has been made.
Sanitary Sewer Upgrade: The goal of the sanitary sewer upgrade project is to repair leaks and broken sections revealed during an inline survey. This project will contribute to the site's commitment to eliminate releases to surface and subsurface waters as part of the Storm Water Pollution Prevention Plan.
Berkeley Lab has met all success gradients for an Exceeds Expectations rating in the Source Reduction and Pollution Prevention measure.
Tracking and Trending of Findings and Violations
The goal of this performance measure is a downward trend in findings and violations. It does not have a target or control level below which annual findings and violations are considered negligible. The basis for evaluating this measure in 1996 was the 58 regulatory inspections and permit-required self-monitoring samples. Each source reviewed was treated as a separate inspection when referencing the list of inspections in Table 3-2. For example, BAAQMD visited the site one day, but inspected 21 permitted sources.
The assessment for this measure is based on the ratio of findings or violations per inspection for the year compared to the average number of findings and violations per inspection over the prior three years. In this case, that means comparing 1996 results with the average results from 1993 through 1995. 1996 yielded one finding from the 58 inspections, or a ratio of 0.0172 findings per inspection. The average ratio of findings to inspections for the prior three years was 0.793, indicating that the ratio for this metric is still decreasing. Table 3-10 contains detailed data on findings and inspections for the comparison period.
The Laboratory continues to demonstrate that its environmental protection program functions well. Berkeley Lab has achieved all success gradients for an Exceeds Expectations rating in this measure for 1996.
Tracking and Trending of Environmental Releases
Similar to the previous measure, a downward trend is sought in the number of reportable occurrences of environmental releases that exceed regulatory or permitted levels. The metric being used with this performance measure is the average of the number of environmental releases over the prior three years. There has been one release over the prior three years, representing an average of 0.33 releases per year. There was one release in 1996. Although this represents a two-fold increase in the annual release rate, the number of releases is hovering around zero, which indicates that the environmental programs are remaining at or around a sustained level of quality. Berkeley Lab's performance for this measure meets all success gradients for Meets Expectations.
Customer Focus
The intent of this measure is to integrate Berkeley Lab's external customer concerns into its decision-making process and communicate its actions back to the customer. External customers in this context include both regulatory agencies and the local community. In previous years, this measure was evaluated by a survey of the regulatory agencies to determine their satisfaction with the Laboratory's environmental programs. No surveys were conducted in 1996, and the need for future surveys was completely eliminated from the performance objective during the recent annual review. In its place, Berkeley Lab will now evaluate how well it responds to the concerns of its external customers. There were two environmental issues that attracted the attention of the external customers.
Local community concern over the release of tritium
The City of Berkeley expressed concern over the release of tritium into the environment. The Laboratory listened to and continues to be highly responsive to all concerned parties by participating in meetings and providing information regarding tritium levels in the environment. In early 1997, Berkeley Lab agreed to provide $100,000 to support an independent assessment of tritium releases from the NTLF. A Tritium Issues Work Group has been established to oversee and implement the assessment. The work group is co-chaired by US/EPA and DHS, and consists of regulatory agencies, community organizations, DOE, UCB, LLNL, and Berkeley Lab. The assessment will include development of a sampling program, collection of environmental samples, and evaluation of the sample results.
Hazardous Waste Handling Facility Part B Permit Modification Review
A HWHF Part B Permit modification request is under DTSC review. In 1996, some members of the public expressed concerns regarding proposed changes to the waste facility's capacity for certain waste types and proposed treatment methods to minimize or reduce waste. Berkeley Lab has conducted many public meetings covering a wide range of issues, granted interviews to media representatives, and conducted site tours to showcase safety features that minimize potential environmental impacts.
The Laboratory has demonstrated that it incorporates public concern into its decision-making process and communicates its actions back to concerned communities in a responsive manner. The Laboratory has met all success gradients for a Far Exceeds Expectations rating in this measure.
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