QA: N/A Yucca Mountain Project Site Environmental Report for the Yucca Mountain Project Calendar Year 2003 PGM-MGR-EC-000005 REV 00 October 2004 U.S. Department of Energy Office of Civilian Radioactive Waste Management Office of Repository Development Las Vegas, Nevada Site Environmental Report for the Yucca Mountain Project Calendar Year 2003 PGM-MGR-EC-000005 REV 00 October 2004 U.S. Department of Energy Office of Civilian Radioactive Waste Management Office of Repository Development Las Vegas, Nevada PREFACE As an operating unit of the U.S. Department of Energy, it is the policy and practice of the Office of Repository Development to conduct its operations in a safe and environmentally sound manner. DOE Policy 450.4 requires the Department to systematically integrate safety into management and work practices so that missions are accomplished while protecting the public, the worker, and the environment. The Department has made it clear that protection of the public, the worker, and the environment is of paramount importance. In accordance with DOE Order 231.1A and DOE Manual 231.1-1, the status of the Yucca Mountain Project’s 2003 environmental program is summarized in this annual site environmental report. __________________________________________ ____________ W. John Arthur III Date Deputy Director Office of Repository Development EXECUTIVE SUMMARY This site environmental report describes the environmental program conducted during 2003 by the U.S. Department of Energy, Office of Repository Development. The report describes the environmental laws and regulations that were applicable to the Yucca Mountain Project in 2003, the actions taken to comply with those laws and regulations, and the Project’s environmental program. The report also summarizes the data collected to monitor potential impacts of the Project on the environment. Mission and 2003 Accomplishments In 1982, Congress enacted the Nuclear Waste Policy Act. The act specified that spent nuclear fuel from commercial nuclear reactors and high-level radioactive waste from national defense activities will be disposed of underground in deep geologic repositories. In 1987, the act was amended by designating Yucca Mountain, Nevada, as the single candidate site for a repository. The amended act directed the U.S. Department of Energy to characterize Yucca Mountain as a potential geologic repository, and to make a recommendation to the Secretary of Energy as to its suitability to safely isolate these wastes. On February 14, 2002, the Secretary of Energy submitted a comprehensive statement to the President recommending Yucca Mountain as the site for a geologic repository. This recommendation was made after more than two decades of scientific investigations by the U.S. Department of Energy to determine the suitability of Yucca Mountain to isolate spent nuclear fuel and high-level radioactive waste. The President approved the Secretary’s recommendation on February 15, 2002, and forwarded it to Congress. On July 23, 2002, the President signed into law a Congressional Joint Resolution designating Yucca Mountain as the site for the nation’s first geologic repository per Section 115(c) of the Nuclear Waste Policy Act, as amended. During 2003, the Department continued to prepare a license application that will be submitted to the U.S. Nuclear Regulatory Commission to construct and ultimately operate a geologic repository at Yucca Mountain, Nevada. The license application is expected to be submitted in December 2004. Upon submittal, the Commission will have three years to review the application, conduct its licensing proceedings, and reach a decision on a construction authorization. Should the Commission grant the construction authorization, the Department will update the license application and request a license to receive and possess high-level radioactive waste as initial construction of the repository nears completion. If the Commission grants the license to receive and possess, the Department will begin placing waste into the repository. In the final phase of licensing, when the repository has stopped receiving waste for disposal, the Department will apply for a license amendment to decommission and permanently close the repository. Throughout 2003, the Office of Repository Development continued to conduct field and laboratory tests and studies to further refine the understanding of how a repository at Yucca Mountain would perform far into the future. Some of these efforts may continue indefinitely or until the repository is permanently closed. Repository design and operating decisions could be modified based on the results of these tests and studies, as well as other technological and policy developments. This ongoing learning process is designed to challenge current models and assumptions and lead to continuous improvement. Environmental Compliance– During 2003, the Yucca Mountain Project had no violations of environmental permits or noncompliance actions; no reportable occurrences that required notification of a regulatory agency; and no notices of violations, deficiencies, announcements of intent to sue for noncompliance with environmental regulations, or other types of enforcement actions. The following actions were taken during 2003 to maintain environmental permits and comply with environmental regulations: • The Project began preparing an 'Environmental Report' that will supplement the Final Environmental Impact Statement on the repository. The report will be submitted to the Nuclear Regulatory Commission in 2005 or 2006. • Several actions were taken to further implement the requirements in Executive Order 13148 (65 FR 24595) and DOE Order 450.1 for an Environmental Management System. • The Stormwater Pollution Prevention Plan was revised in late 2002 and early 2003 and became effective in March 2003. The Plan was revised to meet the requirements of the stormwater general permit that was received in 2002. • The U.S. Department of Energy and the State of Nevada entered into joint agreements in 2002 and 2003 to allow the U.S. Department of Energy to pump specified amounts of water per year for potable and non-potable purposes, including dust control, maintenance, and scientific testing. • Reports on the following subjects were prepared and submitted to federal and state regulatory agencies and other organizations in compliance with regulatory requirements: – Hazardous materials and chemicals – Wastes generated and recycled, including efforts to minimize waste generation – Purchase and use of recycled materials – Use of sand and gravel – Desert tortoises/biological surveys – Air emissions – Drinking water – Reclamation – Underground injections – Archaeological surveys and monitoring. Environmental Programs–The following actions were taken as part of the environmental program conducted in 2003 to implement permit requirements, monitor impacts, and protect the environment: • Ten requests for land access were reviewed by the Office of Repository Development in 2003. Approval was granted for seven of these requests. • No land was cleared of vegetation or soil in 2003; the total amount of land disturbed by the Project since 1991 remained at 319 acres. This is 95 acres less than the total of 414 acres stipulated in the ‘Biological Opinion’ for the Yucca Mountain Project issued by the U.S. Fish and Wildlife Service. • No desert tortoises were found during pre-activity surveys, and no tortoises were harmed on roads or at other sites during 2003. • Final reclamation was completed at 16 sites totaling 1.2 acres and 94 previously reclaimed sites were monitored. By the end of 2003, final reclamation had been completed on 257 former Yucca Mountain Project disturbances totaling 88.4 acres. • Seven archaeological pre-activity field surveys were conducted in 2003. One new archaeological site and nine isolated artifacts were identified during those surveys. Conditions at five previously documented historical properties at Yucca Mountain were evaluated; no major disturbances were noted at these sites. • The Project continued consultations and interactions with involved Native American tribes and organizations. • Air quality was monitored at two sites at Yucca Mountain and meteorological measurements were taken at 12 sites at Yucca Mountain. Concentrations of airborne particulate matter continued to be far below allowable maximum concentrations. 2003 was the third-wettest year since 1996, following the driest year (2002) since record keeping at Yucca Mountain began. • Groundwater levels were measured at 40 sites to monitor fluctuations in groundwater levels and evaluate potential regional effects from groundwater withdrawals at Yucca Mountain. Between 1992 and 2003, water levels in Jackass Flats, where the Project withdraws the majority of its water, either had slight upward trends or had not changed. The withdrawal of groundwater for Project activities has had no measurable effect on regional groundwater levels or spring flows. • From 2002 to 2003, there was an increase of 1,763 pounds of hazardous waste generated by the Project. The primary reason for this increase was the closure of a research facility at Yucca Mountain that contained expired laboratory chemicals that required proper disposal. The total quantity of hazardous waste collected during 2003 was 1,964 pounds. Universal waste (mostly fluorescent lamps and nickel-cadmium batteries) totaling 2,609 pounds was also collected. 1,291 pounds of hazardous waste and 1,727 pounds of universal waste were shipped to a permitted Treatment, Storage, and Disposal facility in 2003. • As part of the Project’s pollution-prevention program, two assessments were conducted in 2003 to evaluate methods of reducing waste streams from aerosol cans and from propane cylinders. The use of puncturing units was determined to be a reasonable option. • The purchase of U.S. Environmental Protection Agency-designated recycled-content items increased to about 97 percent in 2003, up from about 90 percent in 2002. Procurement of energy-saving upgrades were incorporated into lease renegotiations for office facilities in Las Vegas, Nevada. • Seven assessments were conducted to evaluate compliance with environmental, safety, and health requirements. • 178 environmental surveillances were conducted in 2003 to monitor compliance and track environmental performance. Positive observations, noteworthy practices, or no environmental concerns were identified in 95 percent of the surveillances (169). This compares to 96 percent in 2002 and 94 percent in 2001. Of the nine surveillances for which concerns were noted, four corrective actions were implemented for spills and waste-management issues and five were implemented for noncompliance with procedures and plans. There were no permit violations or reportable spills in 2003. Trends in environmental performance in 2003 were negative; there was a one-percent increase in the number of findings that required corrective action in 2003 compared to 2002. • Project personnel working at Yucca Mountain are instructed on the environmental and safety requirements that must be followed for field activities. Additional job-specific training is offered commensurate with job responsibilities. New employees must take General Employee Training. This six-hour course covers, among other things, environmental protection requirements, hazard communication, pollution prevention, and safety and health requirements. A computer-based annual refresher of these topics also is required of employees. New employees who work unescorted at Yucca Mountain attend site-access training. Managers and supervisors attended a course on environmental regulatory compliance. • When required, Project personnel are trained in the management and transportation of hazardous waste, and in requirements for detecting and responding to releases of hazardous materials. ACRONYMS BLM Bureau of Land Management BSC Bechtel SAIC Company, LLC (Limited Liability Company) DOE U.S. Department of Energy EIS environmental impact statement EMS Environmental Management System EPA U.S. Environmental Protection Agency EPCRA Emergency Planning and Community Right-to-Know Act of 1986 ES&H Environmental, Safety and Health ISMS Integrated Safety Management System NEPA National Environmental Policy Act of 1969 NRC U.S. Nuclear Regulatory Commission NWPA Nuclear Waste Policy Act of 1982 ORD Office of Repository Development RCRA Resource Conservation and Recovery Act of 1976 ROWR Right-of-Way Reservation SHPO State Historic Preservation Officer YMP Yucca Mountain Project 1. INTRODUCTION This is the thirteenth annual site environmental report prepared by the U.S. Department of Energy (DOE), Office of Repository Development (ORD). The purpose of this report is to describe the ORD environmental program, compliance with environmental standards and requirements, and the environmental activities conducted during calendar year 2003. This report was prepared in accordance with DOE Order 231.1A, DOE Manual 231.1-1, and guidance from the DOE Office of Air, Water and Radiation Protection (Wallo 2004). The guidance emphasizes reporting emissions of, and human exposure to, radionuclides and other pollutants and hazardous substances. The Yucca Mountain Project (YMP) has not caused any public exposure to non-naturally-occurring radionuclides, nor is the YMP a major source of pollutants or hazardous substances. Therefore, this report does not emphasize those topics and differs from the content suggested in the guidance in the following ways: • This report does not contain a section describing the results of environmental radiological monitoring, radiological doses, or releases from operation of DOE facilities. The YMP does not manage radioactive materials beyond a few sealed industrial sources, and there are no effluents that require monitoring. Thus, monitoring the environment or calculating potential doses to offsite or onsite populations is not applicable. • Sections identified in the guidance as “Environmental Program Information” and “Environmental Non-Radiological Program Information” have been combined and are reported in Section 3 of this report (Environmental Programs). This was done because the monitoring and surveillance data, which the guidance suggests be included in the latter section, are brief and best understood in the context of the environmental programs. • The YMP groundwater monitoring program is included in Section 3 (instead of in a separate section as suggested by the guidance) because the Project does not release effluents into the groundwater. A description of the hydrology of Yucca Mountain and the surrounding region is contained in Section 1.1.3. Yucca Mountain, which is the site for the repository, is in a sparsely populated part of southern Nye County, Nevada. The YMP, however, occupies and operates facilities in both Nye and Clark Counties, Nevada, and one office building in Washington, DC. In Clark County, the ORD and its management and operating contractor, Bechtel SAIC Company, LLC (BSC), occupy 15 office buildings in a suburban business park in Las Vegas, Nevada. BSC also uses two warehouses in Las Vegas for receiving, storing, and distributing materials and equipment. A YMP science center also is operated in Las Vegas to disseminate information on the YMP. Laboratory testing is conducted in two buildings at the DOE’s National Nuclear Security Administration complex in North Las Vegas. Project activities conducted in offices in Las Vegas are primarily administration and technical support, management, scientific analyses and modeling, and engineering design. Similar activities are conducted by BSC in offices in Washington, DC. In Nye County, the YMP operates a science center in the city of Pahrump and another in the town of Beatty. All YMP facilities except those at Yucca Mountain are serviced by municipal utilities such as sewer, water, electrical, telecommunications, and waste disposal. Utility services at Yucca Mountain are part of the operation and maintenance of that site and, therefore, the responsibility of the YMP. Development of this report was not subject to the requirements of the YMP Quality Assurance Requirements and Description (DOE 2003), as determined by the DOE. The report describes, however, the results of many activities that are subject to the YMP Quality Assurance Requirements and Description (DOE 2003). 1.1 SITE DESCRIPTION The Yucca Mountain site (“the site”) encompasses about 30,000 acres on lands administered by the federal government in a remote part of the northern Mojave Desert. The site is in Nye County, south-central Nevada, about 100 miles northwest of Las Vegas, Nevada (Figure 1). Yucca Mountain is an irregularly shaped, north-trending, volcanic upland, 4-6 miles wide and 25 miles long. The crest of that portion of the mountain being investigated by the DOE has an elevation of 4,600-4,950 feet. The main ridge in this area slopes steeply to the west into Crater Flat (elevation 3,900 feet) and gently eastward to Jackass Flats on the Nevada Test Site (elevation 3,600 feet). The following sections briefly describe the physical, biological, cultural, and demographic settings of the Yucca Mountain area. More detailed information about the site can be found in the Yucca Mountain Site Description (CRWMS M&O 2000) and the Final Environmental Impact Statement for a Geologic Repository for the Disposal of Spent Nuclear Fuel and High-Level Radioactive Waste at Yucca Mountain, Nye County, Nevada (DOE 2002). 1.1.1 Climate and Meteorology Typical of southwestern deserts, the climate at Yucca Mountain is warm, and ranges from arid to semi-arid (CRWMS M&O 1999a; 2000, Section 2.3). Average minimum and maximum daily temperatures in Midway Valley near the Yucca Mountain site range from 72ºF to 93ºF in the summer and from 34ºF to 51ºF in the winter. Average annual precipitation at the network of Yucca Mountain meteorological stations ranges from four to 10 inches, depending on elevation and topography. Annual precipitation varies greatly among years because of differences in regional storm patterns. Occasional periods of persistent or heavy rains, particularly in the winter, have produced more than two inches of rain in a day. Summer thunderstorms can drop more than one inch in a matter of hours, sometimes resulting in flash floods along the usually dry washes that drain Yucca Mountain. Potential evaporation is almost 66 inches per year. Winds in the region are influenced by nearby mountains and valleys, as well as large-scale weather systems. Winds near Yucca Mountain generally blow to the south or southeast during the day and to the north or northwest at night. Average hourly wind speeds range from 5.8 to 9.6 miles per hour, and calm periods are rare and short-lived. The strongest winds typically occur on exposed ridges. Maximum wind gusts have been recorded at more than 85 miles per hour on exposed ridges, and more than 60 miles per hour in valleys. Figure 1. Land Use and Ownership Surrounding Yucca Mountain 1.1.2 Geology The mountains and valleys visible today in the region of Yucca Mountain formed over the past 15 million years from movement along faults. Rock units in this region range in age from geologically old in some mountains (Precambrian era, or more than 570 million years old) to geologically recent in the valleys (Holocene epoch, or less than 10,000 years old). At Yucca Mountain, most rocks exposed at the surface originated from volcanic eruptions between 11.5 million and 14 million years ago. The oldest and deepest rocks at Yucca Mountain are more than 570 million years old. They occur more than 4.7 miles below the surface. Overlying these rocks are Paleozoic sedimentary rocks between 225 and 570 million years old. The lower part of these Paleozoic rocks, which are three miles thick and more than 1.1 miles below the surface, are part of a regional carbonate aquifer. The Paleozoic rocks beneath Yucca Mountain are overlain by 1.6 miles of volcanic ash-flow tuffs and ashfalls that are widely exposed at the surface. These rocks originated between 11.5 million and 14 million years ago (during the Tertiary Period) from circular volcanic centers known as calderas. The eroded remnants of these calderas, some measuring many miles across, are still visible north of Yucca Mountain. Overlying the Tertiary volcanic rocks at and surrounding Yucca Mountain are unconsolidated rocks known as alluvium and several small cinder cones and basaltic lava flows. These rocks are all younger than 1.6 million years old (Quaternary Period). The alluvial deposits developed from erosion of nearby highlands. The alluvium was then transported by water, wind, and gravity to lower elevations. Fans of alluvium form large aprons along the flanks of Yucca Mountain. Most of the alluvial deposits that are visible at the surface in the Yucca Mountain area probably formed within the last 100,000 years. In Crater Flat, west of Yucca Mountain, several small cinder cones and lava flows erupted between one million and 3.7 million years ago. The youngest volcanic center in the area is the Lathrop Wells cone, estimated to have erupted about 80,000 years ago. The cone is 9.3 miles southwest of Yucca Mountain. Five earthquakes, with Richter magnitudes greater than 5.5, have been recorded within 60 miles of Yucca Mountain. Except for the Little Skull Mountain earthquake, all occurred near the Death Valley–Furnace Creek fault system more than 30 miles south of Yucca Mountain. The 1992 Little Skull Mountain earthquake occurred nine miles from Yucca Mountain and had a magnitude of 5.6 (CRWMS M&O 2000, Section 12.3). 1.1.3 Hydrology Yucca Mountain is within the Alkali Flat–Furnace Creek Ranch Groundwater Basin of the Central Death Valley subregion (Figure 2). This groundwater system is closed, that is, water leaves the system only by evapotranspiration. The primary source of recharge in this area is infiltration of precipitation on Pahute Mesa, Timber Mountain, and Shoshone Mountain in the central part of the subregion, and the Grapevine and Funeral Mountains in the southwestern part of the subregion (D’Agnese et al. 1997) (Figure 2). Source: Modified from DOE 1999 Figure 2. Groundwater Basins in the Vicinity of Yucca Mountain Groundwater in the saturated zone beneath Yucca Mountain occurs at a depth of 1,600-2,500 feet below the surface in volcanic aquifers and in a much deeper carbonate aquifer. This groundwater discharges naturally more than 50 miles south of Yucca Mountain at Alkali Flat (Franklin Lake Playa) and in Death Valley (Figure 2) (D’Agnese et al. 1997). Water used by the YMP is pumped from the volcanic aquifers in Crater Flat and Jackass Flats. There are no springs, wetlands, or other natural sources of surface water at Yucca Mountain (Hansen et al. 1997). The usually dry washes in the area may contain flowing water after very heavy, sustained rain or snow. On rare occasions, water in the washes flows to the Amargosa River more than 25 miles to the south. Although referred to as a “river,” the Amargosa is dry along most of its length. Exceptions include short stretches of the river near Beatty, Nevada; Tecopa, California; and southern Death Valley, California, where the river ends in the Badwater Basin, 260 feet below sea level (DOE 2002, Section 3.1.4.1.1). 1.1.4 Biological Resources Plants typical of the Mojave Desert are most abundant at elevations below 4,000 feet. Common shrubs include white bursage (Ambrosia dumosa), creosotebush (Larrea tridentata), Nevada jointfir (Ephedra nevadensis), littleleaf ratany (Krameria erecta), pale wolfberry (Lycium pallidum), California buckwheat (Eriogonum fasciculatum), and spiny hopsage (Grayia spinosa) (CRWMS M&O 1998a). Species typical of the Great Basin Desert and the transition zone between the Great Basin Desert and Mojave Desert are most abundant at elevations above 4,000 feet, primarily in the northern part of the Project area. Blackbrush (Coleogyne ramosissima) is the most abundant shrub at mid- to high-elevations growing on gentle slopes. Steep slopes at high elevations are dominated by California buckwheat, heathgoldenrod (Ericameria teretifolius), Nevada jointfir, broom snakeweed (Gutierezzia sarothrae), and green ephedra (Ephedra viridis). Big sagebrush (Artemisia tridentata) is common on some steep north-facing slopes (CRWMS M&O 1998a). Thirty-six species of mammals have been recorded at Yucca Mountain, none of which are classified as threatened or endangered. Rodents are the most abundant mammals, with 17 documented species (CRWMS M&O 1997). Seven species of bats have been recorded at Yucca Mountain (CRWMS M&O 1998b); two of these, the long-legged myotis (Myotis volans) and fringed myotis (Myotis thysanodes), are considered sensitive species in Nevada by the Bureau of Land Management (BLM). Three species of rabbits, seven carnivores, and two ungulates (mule deer [Odocoileus hemionus] and feral burros [Equus asinus]) also have been seen at Yucca Mountain (CRWMS M&O 1999b). Twenty-seven species of reptiles have been found at Yucca Mountain, including 12 species of lizards, 14 species of snakes, and 1 species of tortoise (CRWMS M&O 1998c). The desert -tortoise (Gopherus agassizii) is listed as threatened under the Endangered Species Act of 1973 (Section 2.3.1), and the western chuckwalla (Sauromalus obesus) is classified as a sensitive species in Nevada by the BLM. More than 120 species of birds have been seen in the Yucca Mountain region, including 15 species of raptors (CRWMS M&O 1998d). Western burrowing owls (Speotyto cunicularia hypugaea), which are uncommon at the site, are classified as sensitive in Nevada by the BLM. 1.1.5 Cultural Resources Archaeological resources discovered at and near Yucca Mountain indicate past use by small, mobile hunter-gatherer societies. This use may have lasted for several thousand years, followed by about 150 years of sporadic and transitory occupation by people of European extraction for limited prospecting and, possibly, ranching (DOE 1990, Section 2.4.3). The region was inhabited by Native American populations for at least 12,000 years. At first, most settlement seems to have centered along major drainages, which presumably were corridors for wild game and food plants. By 7,000 years ago, a second settlement pattern is discernible, with the establishment of temporary camps in the uplands of Yucca Mountain, some distance away from major drainages. A third shift in the pattern of settlement occurred about 1,500 years ago, indicated by the presence of sites, often with grinding stones, on alluvial fans or in small rock shelters in uplands. By that time, sites were no longer being established along major drainages, perhaps indicating that these waterways were dry. Instead, sites were located near small, seasonal water sources such as tanks or depressions in rock outcrops. A fourth and most recent period of settlement is associated with Euroamerican settlers and prospectors, indicated by rock cairns (piles of rock), tin cans, and temporary camps (DOE 1990, Section 2.4.3). At the time of the first recorded arrival of Euroamericans in 1849, the area was inhabited by Southern Paiute and Western Shoshone Indians (Stoffle et al. 1990). Many archaeological surveys have been conducted at Yucca Mountain. As a result, more than 900 archaeological and historic sites, ranging from single fragments of ceramic or pottery vessels (sherds) to campsites and quarries, have been identified in the main Yucca Mountain Archaeological Management Area. 1.1.6 Demography Nye County and surrounding areas are rural, sparsely populated, and have most residents concentrated in a few small communities. County populations, as determined by the U.S. Census Bureau during the decennial census of April 2000, were as follows: Nye County, Nevada, 32,485 residents; Lincoln County, Nevada, 4,165 residents; Esmeralda County, Nevada, 971 residents; and Inyo County, California, 17,945 residents (U.S. Census Bureau 2001a, 2001b). The estimated population within each of these counties in July 2003 was 35,717; 4,264; 858; and 18,326 residents, respectively (U.S. Census Bureau 2004a, 2004b). To evaluate potential impacts of a repository on the public, the number of people living within a circular area 52 miles in radius surrounding Yucca Mountain is tracked for each of 161 sectors within the circular area. During 2003, 30 of the sectors contained residents. The population in this area was estimated to be 23,180 during 2003 (11.7 people/mile2 in the sectors with residents), with the majority of the population living in or near a few communities (BSC 2003a, Table 1). Within Nye County, the community of Pahrump is split by the southeastern perimeter of the study circle. The estimated population of the portion of Pahrump that lies within the study circle is 18,611. The Amargosa area, including the community of Amargosa Valley, 15 - 20 miles south of Yucca Mountain, has an estimated population of 1,412. The area including Beatty, 20 miles west of Yucca Mountain, has an estimated 1,193 residents. In Clark County, the Indian Springs area 47 miles east of Yucca Mountain has an estimated population of 1,494. In Inyo County, California, the estimated population within the study area is 469 in and near Death Valley National Park (BSC 2003a, Table 1). Las Vegas is 100 miles southeast of Yucca Mountain, outside of the radiological-monitoring study area. 1.1.7 Land Use Land within the Yucca Mountain site is controlled by three federal agencies: the DOE, U.S. Air Force, and the BLM (Figure 1). Public access to DOE and U.S. Air Force lands is restricted. Some off-highway driving and other recreational activities occur on the BLM portion of the site. Because of a lack of surface water and very deep groundwater, there is little agriculture in the region surrounding Yucca Mountain. The nearest farms are in the Amargosa Valley, 15 miles to the south. The Pahrump Valley, 47 miles to the southeast, also has some farming operations. There are a limited number of BLM-issued grazing leases for southern Nye County, and none have been issued for lands at or surrounding the site. Several mining operations exist near Yucca Mountain; the closest is a cinder mine 9.3 miles southwest of Yucca Mountain. Areas south and southwest of the repository site are popular throughout the year for recreational activities such as camping, hiking, hunting, and nature study. Two that are particularly well known are Ash Meadows National Wildlife Refuge (about 25 miles south) and Death Valley National Park (about 20 miles southwest). 1.2 MISSION AND CURRENT ACTIVITIES In 1982, Congress enacted the Nuclear Waste Policy Act of 1982 (NWPA). The act specified that spent nuclear fuel from commercial nuclear reactors and high-level radioactive waste from national defense activities will be disposed of underground in deep geologic repositories. In 1987, the act was amended by designating Yucca Mountain, Nevada, as the single candidate site for a repository. The amended act directed the DOE to characterize Yucca Mountain as a potential geologic repository, and to make a recommendation to the Secretary of Energy as to its suitability to safely isolate these wastes. 1.2.1 Site Recommendation and Approval On February 14, 2002, the Secretary of Energy submitted a comprehensive statement to the President recommending Yucca Mountain as the site for a geologic repository. This recommendation was made after more than two decades of scientific investigations by DOE to determine the suitability of Yucca Mountain to isolate spent nuclear fuel and high-level radioactive waste. The President approved the Secretary’s recommendation on February 15, 2002, and forwarded it to Congress. On April 8, 2002, the Governor of Nevada vetoed the President’s recommendation. On May 8 and July 9, 2002, the House of Representatives and the Senate, respectively, passed resolutions overriding the governor’s veto. On July 23, 2002, the President signed into law the Congressional Joint Resolution designating Yucca Mountain as the site for the nation’s first geologic repository per Section 115(c) of the NWPA, as amended. The Secretary’s recommendation of the Yucca Mountain site marked the end of the site characterization phase of the project. As described in Section 113 of the NWPA, the tests and studies conducted during site characterization were designed to determine the suitability of the Yucca Mountain site for a repository. During the remainder of 2002, and through all of 2003, emphasis shifted to the preparation of a license application that will be submitted to the U.S. Nuclear Regulatory Commission (NRC) to construct and ultimately operate the repository (Section 1.2.2). 1.2.2 Licensing Efforts After the site recommendation on February 14, 2002, and through 2003, the Department has been preparing a license application that will be submitted to the NRC to construct and ultimately operate the repository. The license application is expected to be submitted in December 2004. Upon submittal, the NRC will have three years to review the application, conduct its licensing proceedings, and reach a decision on a construction authorization. Should the NRC grant the construction authorization, the Department will update the license application and request a license to receive and possess high-level radioactive waste as initial construction of the repository nears completion. If the Commission grants the license to receive and possess, the Department will begin placing the waste into the repository. In the final phase of licensing, when the repository has stopped receiving waste for disposal, the Department will apply for a license amendment to decommission and permanently close the repository. During 2003, DOE interactions with the NRC continued to focus on addressing and resolving topics that the NRC considers important to evaluating the performance of a repository at Yucca Mountain. The DOE also continued to create and maintain a nuclear safety culture and to rigorously comply with quality-assurance procedures, which are two key elements necessary for successful licensing and safe operation of the repository. 1.2.3 Continuing Studies Per the NWPA, the site characterization phase of the Project ended on February 14, 2002, with the Secretary’s recommendation of the site to the President. During 2003, the ORD continued testing at Yucca Mountain to further refine the understanding of how a repository would perform far into the future. Some of these studies may continue indefinitely or until the repository is permanently closed. Design and operating decisions could be modified based on the results of these studies and tests, as well as other technological and policy developments. The ongoing learning process is designed to challenge current models and assumptions and lead to continuous improvement. INTENTIONALLY LEFT BLANK 2. ENVIRONMENTAL COMPLIANCE This section briefly describes the laws and regulations that applied to YMP activities conducted in 2003 (see the Project Requirements Document for more information [BSC 2003b]). This section also summarizes actions taken by the ORD to comply with those laws and regulations, lists the environmental permits that were applicable to YMP activities in 2003 (Table 1), and summarizes permit-associated litigation (Section 2.9). Included is a description of laws and regulations listed in the DOE guidance for preparing site environmental reports (Wallo 2004) that were not applicable to YMP activities in 2003 and an explanation of why they were not applicable. During 2003, the YMP had no violations of environmental permits or noncompliance actions; no reportable occurrences that required notification of a regulatory agency; and no notices of violations, deficiencies, announcements of intent to sue, or other types of enforcement actions concerning environmental compliance. 2.1 GENERAL REQUIREMENTS 2.1.1 Nuclear Waste Policy Act of 1982 The NWPA established a federal policy for the disposal of spent nuclear fuel and high-level radioactive waste in geologic repositories and assigned to the DOE the responsibility for carrying out that policy. The NWPA directs the DOE to determine, through site characterization, whether Yucca Mountain is a suitable site for a repository. On February 14, 2002, the Secretary of Energy recommended the Yucca Mountain site to the President, thereby ending the site characterization phase of the project. The recommendation process set forth in the NWPA was followed, culminating in the enactment of the Yucca Mountain Development Act on July 23, 2002. During the remainder of 2002 and through 2003, the ORD continued testing at Yucca Mountain to further refine the understanding of how a repository at Yucca Mountain would perform far into the future. These studies and tests were conducted in a manner that minimizes, to the maximum extent practicable, adverse environmental impacts. To accomplish this, the ORD continued its comprehensive and integrated environmental program to ensure compliance with applicable laws and regulations, collect data and monitor impacts of site activities, and minimize those impacts. The program is described in the YMP Environmental Management Plan (YMP 2000a). 2.1.2 National Environmental Policy Act of 1969 The National Environmental Policy Act of 1969 (NEPA), and the regulations that implement the act (40 CFR Parts 1500-1508), establish a process that federal agencies must follow to evaluate and document the potential benefits and consequences of proposed major federal actions on human and natural environments. Those evaluations are conducted to assist agencies in making informed decisions about their proposed actions. DOE has developed regulations (10 CFR Part 1021) for implementing NEPA requirements and to ensure compliance with 35 FR 4247, Protection and Enhancement of Environmental Quality Executive Order 11514. Table 1. Permits Applicable to Project Activities in 2003 Regulation Permit Type Permit Number or Case File Permit Period Comments Materials Act of 1947 Free Use Permit N-63370, Borrow Pit #1 N-51530, Coyote Wash Borrow Pit 12/3/99 - 1/6/08 10/26/90 - N/A Expires when construction ends Federal Land Policy & Management Act of 1976 Right-of-Way Reservation (ROWRs)a Public Land Withdrawal N-47748 N-48602 N-50250 1/06/88 - 1/6/08 10/10/89 - 1/6/08 9/17/90 - 1/31/10 Renewed January 2001 Renewed January 2001 (and again on April 8, 2004) Withdrawal extended in August 2002 Endangered Species Act of 1973 Biological Opinion Biological Opinion 1-5-96-F-307R 1-5-00-F-518 7/23/97 - N/A 8/28/01 - N/A Covers scientific testing and site confirmation investigations before repository construction Covers effects of construction, operation, and monitoring of a geologic repository at Yucca Mountain NAC 503 Scientific Collection Permit S21678 1/26/02 - 12/31/03 New permit obtained every two years. Clean Air Act/NAC 445B Air Quality Operating Permit AP9199 - 0573.01 7/23/01 - 7/23/06 Clean Water Act/NAC 445A General Discharge Permit NVR100000- 35258, Construction Stormwater General Permit GNEV9201 - 40037, Septic Tank 9/16/02-9/15/07 7/12/95 - 5/12/98 Permit remains in effect until state issues a new permit (no renewal application required). (Renewed by State of Nevada on July 22, 2004, with an expiration date of July 22, 2009.) Safe Drinking Water Act/NAC 445A Public Water System Permit Underground Injection Control Permit NY-0867-12NCNT UNEV89031 9/30/02 - 9/30/03 9/30/03 – 9/30/04 1/30/96 - 1/26/01 Permit renewed annually Renewal application filed July 2000; existing permit remains in effect until state issues a new permit Table 1. Permits Applicable to Project Activities in 2003 (Continued) Regulation Permit Type Permit Number or Case File Permit Period Comments Nevada Revised Statute 533 Water Appropriation Permits 63262-63267 J-12 and J-13 - Joint Stipulation agreement between DOE and State of Nevada 57375, VH-1 na Undefined 4/2/92 - N/A Permit applications for permanent water rights: Applications denied. Decision on appeal Potable and non-potable water needs for ongoing site maintenance operations and testing – Limited to 1,360,000 gallons per year Permanent water right. Proof of Application of Water to Beneficial Use for 2.3 acre-feet submitted 4/5/02 NAC 477 Hazardous Materials Storage Permit 1403/2796 3/1/03 – 2/29/04 Permit reissued annually aList does not include seven ROWRs for small sites in Nevada and California. The NWPA includes several sections about how NEPA applies to activities at Yucca Mountain. Section 112(b) requires the Secretary of Energy to prepare an Environmental Assessment before nominating a site as suitable for site characterization. This assessment was released in 1986 (DOE 1986). Section 113(d) states that site characterization activities are preliminary decision-making activities; therefore, an environmental impact statement (EIS) was not required for site characterization activities. Section 114(f) of the NWPA requires that a Final EIS be prepared and included with any recommendation to the President to approve a site as a repository. Therefore, the ORD published a Notice of Intent (60 FR 40164) in 1995 stating its intention to prepare an EIS and to solicit public comments on its scope. The DOE completed the Draft EIS in 1999 (DOE 1999). In May 2001, DOE issued a Supplement to the Draft EIS (DOE 2001) that evaluated an updated repository design. As required by the NWPA, the Final EIS (DOE 2002) was submitted with the Secretary of Energy’s site recommendation to the President on February 14, 2002. The preferred alternative was to proceed with the Proposed Action, which is to construct, operate and monitor, and eventually close a geologic repository at Yucca Mountain. The Final EIS also found that the use of mostly rail, both nationally and in Nevada, was the preferred way to transport spent nuclear fuel and high-level radioactive waste to the repository. Major conclusions of the Final EIS were that the Proposed Action would cause small, short-term public health impacts. These impacts would occur primarily from nonradiological traffic fatalities during transport of spent nuclear fuel and high-level radioactive waste from existing commercial and DOE sites to the repository. The Final EIS found that long-term impacts to public health from the repository would be very small. Testing will continue at the site for many years. Data generated from these studies could be used to enhance or modify the design of the repository that was examined in the Final EIS (DOE 2002). To determine whether environmental impacts from design enhancements were adequately considered in the Final EIS, the ORD developed a procedure to review all post-recommendation activities and design enhancements to determine the possible need for additional NEPA review. Moreover, Section 114 of the NWPA requires that the NRC adopt, to the extent practicable, the DOE’s Final EIS. Therefore, the procedure also addresses provisions of the NRC regulations regarding supplementing the repository Final EIS (10 CFR 63.24). The procedure also implements requirements from DOE Order 451.1B, 40 CFR Parts 1500-1508, and 10 CFR Part 1021. During 2003, the ORD also began preparing an Environmental Report that will supplement the Final EIS and will summarize the findings of the aforementioned impact determinations. The Environmental Report will be submitted to the NRC in 2005 or 2006. In accordance with DOE Order 451.1B, an annual summary of NEPA activities conducted by the ORD during 2003 and planned for 2004 was completed in 2004 (Milner 2004). 2.1.3 Atomic Energy Act of 1954 The Atomic Energy Act, as amended, provides fundamental jurisdictional authority to DOE and the NRC over governmental and commercial use of nuclear materials. The act ensures proper management, production, possession, and use of radioactive materials. It grants to the DOE the authority to develop generally applicable standards for protecting workers, the public, and the environment from radioactive materials. In accordance with the Atomic Energy Act, the DOE has established a system of requirements issued as DOE Directives and codified federal regulations. There are no work processes on the YMP that require monitoring of radioactive effluents. The Project maintains an inventory of sealed-instrument check sources and moisture/density tools for moisture/density measurements and some limited well-logging activities. 2.1.4 Executive Order 13148, Greening the Government through Leadership in Environmental Management Executive Order 13148 (65 FR 24595) requires federal agencies to integrate environmental accountability into day-to-day decision-making and long-term planning. One goal of Executive Order 13148 (65 FR 24595) is to ensure that strategies are established that support environmental leadership programs, policies, and procedures by requiring the implementation of Environmental Management Systems (EMSs) at appropriate federal facilities by December 31, 2005. In 2001, the Secretary of Energy issued DOE Notice 450.4, which established applicability, requirements, and responsibilities for implementing Executive Order 13148 (65 FR 24595) within the DOE. The provisions of DOE Notice 450.4 apply to all DOE elements responsible for oversight of contracts for the management and operation of DOE facilities and to all contractors. The Notice established the requirements for implementing an EMS at DOE facilities as part of an Integrated Safety Management System (ISMS). In January 2003, DOE issued DOE Order 450.1 that incorporated the requirements of DOE Notice 450.4 (DOE Order 450.1 canceled DOE Notice 450.4). Several actions were taken in 2003 to implement the EMS requirements in Executive Order 13148 (65 FR 24595) and DOE Order 450.1. The ORD is implementing an EMS based on ISO 14001; which is the international EMS standard developed by the International Organization for Standards (ISO 1996). A senior management review of the EMS was integrated into the annual ISMS review in 2002. This review was conducted in October 2002 (Wells 2002). The review identified five opportunities for improvement in the EMS, as follows (Wells 2002): • Dissemination of, and training on, the environmental policy • Process for identifying environmental aspects (i.e., developing a procedural process) • Process for establishing objectives • Tracking of progress toward targets • Requirement for “action plans” to achieve objectives and targets. Action plans to implement these improvements were prepared and tracked in the Condition/Issue Identification & Reporting/Resolution System and completed in calendar year 2003 (this tracking system was changed to the “Corrective Action Program” on September 29, 2003). Information on the Environmental Management Policy was integrated into general-employee and site-access training to increase awareness and knowledge of the policy. A process was added to the hazard analysis procedure to ensure that environmental aspects, objectives and targets, and environmental management programs to address those objectives and targets, are identified, defined, and completed. Other parts of the YMP environmental program comply with other requirements of Executive Order 13148 (65 FR 24595). For example, all requests for authorization to purchase and use chemicals are reviewed to ensure that the least hazardous materials are selected for use and that the possibility of releases of toxic chemicals is reduced or eliminated. Whenever possible, wastes are reduced using recycling and source reduction (Section 3.8.2). Environmental compliance is evaluated through formal assessments (Section 3.9) and surveillances (Section 3.10). Environmental accountability is integrated into daily functions and planning as part of the YMP ISMS and by instilling environmental and pollution-prevention awareness during training programs (Section 3.11) and presentations (Section 3.8.3). Protection of resources on ORD-controlled land is achieved through land-access reviews (Section 3.1), biological surveys and reclamation (Sections 3.2 and 3.3), identification and conservation of cultural resources (Section 3.4), environmental regulatory compliance (Sections 3.5 through 3.8), and assessment and surveillance programs (Sections 3.9 and 3.10). 2.1.5 Executive Order 13101, Greening the Government through Waste Prevention, Recycling, and Federal Acquisition Executive Order 13101 (63 FR 49643) establishes purchasing guidelines and reporting requirements for federal agencies. It expands and strengthens the federal government’s commitment to recycling and requires that, whenever possible, federal agencies procure environmentally preferable products and services and purchase recycled-content products identified by the U.S. Environmental Protection Agency (EPA). The YMP affirmative procurement program is described in Section 3.8.3. 2.1.6 Executive Order 13123, Greening the Government through Efficient Energy Management Executive Order 13123 (64 FR 30851) requires federal facilities to reduce emissions of greenhouse gases, improve energy efficiency and water conservation, and expand the use of renewable energy. This Executive Order requires that sustainable-design principles be applied to the siting, design, and construction of new facilities. Contractors for major DOE facilities are responsible for (1) compliance with the requirements of the Contractor Requirements Document (attached to the Order) regardless of the performer of the work, and (2) flowing down the requirements of the Contractor Requirements Document to subcontracts to the extent necessary to ensure contractors' compliance with the requirements. The Project’s efforts to comply with this Executive Order are described in Section 3.8. 2.1.7 Executive Order 13149, Greening the Government through Federal Fleet and Transportation Efficiency Executive Order 13149 (65 FR 24607) requires federal facilities to reduce the consumption of petroleum fuels by using alternative fuels and by acquiring vehicles with high fuel economy. Efforts to implement Executive Order 13149 (65 FR 24607) on the YMP include the purchase of fuel-efficient and alternative-fuel vehicles, designation of a compressed-natural-gas refueling facility, and the purchase of retread tires for large trucks and heavy equipment (see Section 3.8.3 for additional information). 2.2 LAND USE 2.2.1 Federal Land Policy and Management Act of 1976 The Federal Land Policy and Management Act of 1976 establish federal policy for governmentowned lands administered by the BLM. The Act mandates that these lands be managed in a way that will protect environmental quality, preserve certain lands in their natural condition, and provide for outdoor recreation and human occupancy and use. Because some YMP activities are conducted on BLM-administered public land, the ORD must comply with BLM requirements for access to and use of that land. Access for site characterization activities on BLM-administered land and U.S. Air Force-administered BLM land at Yucca Mountain was granted in Right-of-Way Reservation (ROWRs) issued in January 1988 and October 1989, respectively (BLM 1988, 1989). The ROWR for the U.S. Air Force-administered BLM land was subsequently renewed in June 1994 (BLM 1994). In January 2001, both ROWRs were renewed for seven years (Wells 2001a, 2001b, 2001c). The ROWR for U.S. Air Force-administered BLM land was renewed in 2004. In 1990, the BLM withdrew 4,256 acres of public land at Yucca Mountain from the mining and mineral-leasing laws, including the filing of new mining claims. This withdrawal was set to expire in September 25, 2002 (55 FR 39152), but was extended in 2002 until January 31, 2010, by Public Land Order 7534 (67 FR 53358). Over the years, the ORD has acquired 45 ROWRs from the BLM for scattered sites throughout Nevada and southern California for seismic, radiation, and stream-flow monitoring stations and for pits to study volcanism and faulting. Most of these sites are less than 0.3 acres. Seven of the ROWRs were still active at the end of 2003. The other 38 ROWRs were either transferred to other agencies or the equipment was dismantled, the site reclaimed, and the ROWR identified to the BLM for relinquishment. All BLM ROWRs require that the YMP comply with applicable environmental laws and regulations. Environmental program activities described in Section 3 are, therefore, conducted on all ROWRs, as applicable. BLM also requires the DOE to recontour and revegetate disturbed sites before relinquishing them, and to monitor the growth of vegetation on those sites until reclamation-success criteria are achieved. As described in Section 3.3, the YMP conducted reclamation when applicable and as agreed upon with the BLM at sites relinquished in 2003. 2.2.2 Materials Act of 1947 The Materials Act of 1947 authorizes the BLM and other land management agencies to issue free-use permits to federal and state agencies for use of common varieties of sand, stone, and gravel on public lands. Since 1990, the BLM has issued the YMP three free-use permits to excavate sand and gravel. One of the permits is for a borrow pit in Coyote Wash that has not been developed. The second permit, for a borrow pit near Fortymile Wash, was allowed to expire in 2001 after recontouring and reclamation had been completed. The third, for Borrow Pit #1 east of Fran Ridge, was to expire in 2001; the ORD applied to the BLM for a renewal in 1999. A renewal of that permit, valid for seven years, was granted in February 2000 (Drais 2000). As described in the annual report to the BLM, 269 cubic yards of material were removed from that pit in 2003 (Wade 2003a). 2.3 BIOLOGICAL RESOURCES 2.3.1 Endangered Species Act of 1973 The Endangered Species Act of 1973 requires federal agencies to consult with the U.S. Fish and Wildlife Service to ensure that their actions do not jeopardize the continued existence of threatened or endangered species, or destroy or adversely modify their critical habitats. This act also prohibits killing, injuring, or otherwise taking a threatened or endangered species, unless that taking is incidental to an otherwise lawful act and conducted in accordance with an incidental take provision issued by the Service. The desert tortoise is the only threatened or endangered species at Yucca Mountain. The Yucca Mountain site is not classified as critical habitat for this threatened species. In 1989, the ORD consulted with the U.S. Fish and Wildlife Service about the effects of site characterization activities on desert tortoises. The Service concluded in a 1990 biological opinion that it was unlikely that site characterization and related activities would jeopardize the desert tortoise (McNatt 1990). In 1996, the ORD reinitiated formal consultation to allow the Service to clarify its interpretation of take, revise the incidental take limit, and reevaluate terms and conditions for relocating tortoises. In a 1997 biological opinion, the Service again concluded that it was unlikely that completion of site characterization and related activities would jeopardize the desert tortoise. Consequently, the Service revised the terms and conditions the YMP must follow to legally and incidentally take desert tortoises (Buchanan 1997). That biological opinion and incidental-take provision were applicable to all YMP activities conducted during 2003. The 1997 incidental-take provision requires the YMP to (1) minimize harm to tortoises by conducting pre-activity and clearance surveys, (2) remove tortoises and tortoise nests from construction sites, (3) design and monitor escapable trenches, (4) control litter, (5) set speed limits, (6) reclaim habitat, and (7) implement a worker-education program. Many parts of the integrated environmental program described in Section 3 are conducted to comply with these requirements. For example, litter control, design of trenches, and other requirements are incorporated into projects during land access evaluations (Section 3.1). Surveys are conducted to find and protect tortoises (Section 3.2). Reclamation of desert tortoise habitat is conducted as described in Section 3.3. The training program described in Section 3.11 includes information about the conservation and protection of desert tortoises. No desert tortoises were killed or injured by site activities during 2003. An annual report of activities conducted to comply with the incidental-take provision was submitted to the U.S. Fish and Wildlife Service in February 2004 (Wade 2004a). The ORD also consulted with the U.S. Fish and Wildlife Service on the effects of construction, operation, monitoring, and closure of a geological repository at Yucca Mountain. The Service concluded that those actions are not likely to jeopardize the continued existence of the desert tortoise. The resulting biological opinion (Williams 2001) would take effect only if the NRC authorized construction of the repository. Meanwhile, the YMP will follow the 1997 biological opinion (Buchanan 1997) to comply with the Endangered Species Act of 1973 for future scientific testing, site confirmation, and similar activities. 2.3.2 Migratory Bird Treaty Act The Migratory Bird Treaty Act implements various treaties and conventions between the U.S. and Canada, Japan, Mexico, and the former Soviet Union for the protection of migratory birds. Taking, killing, or possessing migratory birds is unlawful under this act unless permitted by the U.S. Fish and Wildlife Service. Surveys at Yucca Mountain are conducted before clearing vegetation (Section 3.2), in part to ensure that migratory birds are not harmed during those activities. In addition, facilities such as water tanks are inspected during surveillances (Section 3.10) to ensure that migratory birds are not being trapped or otherwise harmed. 2.3.3 Nevada State Wildlife Statutes Nevada Administrative Code (NAC 503) prohibits capturing or harming species classified as protected by Nevada without a permit. The desert tortoise is classified in Nevada as threatened with extinction and has been placed on the state list of fully protected species. Because the YMP is required to remove desert tortoises that may be harmed by Project activities, BSC maintains a permit issued by the Nevada Division of Wildlife for the capture and relocation of desert tortoises (Nevada Division of Wildlife 2002). That permit also allows BSC to capture and possess other species for wildlife monitoring studies at Yucca Mountain. No tortoises or other wildlife were captured or possessed under this permit in 2003. An annual report was submitted to the Nevada Division of Wildlife in January 2004 (Green 2004). 2.3.4 Executive Order 13112, Invasive Species Executive Order 13112 (64 FR 6183) was developed to prevent and control the introduction of invasive, nonnative species to minimize economic, ecological, and human-health impacts. Applicable portions of the Executive Order require the YMP to prevent the introduction of invasive species, monitor and control those species, restore native species, and exercise care when taking actions that could promote the introduction or spread of invasive species. In part to implement this Executive Order, disturbed sites are revegetated as soon as possible after decommissioning to reduce the time available for invasive plant species to become established. Native perennial species are seeded or planted during reclamation to reduce colonization of invasive plants. The abundance of nonnative species on reclaimed sites is then monitored periodically, and control efforts such as weeding and reseeding of native perennials may be implemented to reduce the abundance of invasive species. As mentioned in Section 3.3.3, 16 sites totaling 1.2 acres were reclaimed in 2003 and 94 previously reclaimed sites were monitored. 2.4 CULTURAL RESOURCES The National Historic Preservation Act is the principal law regulating the protection of historic properties and cultural resources at Yucca Mountain. Others include the Archaeological Resources Protection Act of 1979; Antiquities Act of 1906; American Indian Religious Freedom Act, as amended; Native American Graves Protection and Repatriation Act; and 36 CFR Part 79. In addition, the YMP operates to Executive Order 11593 (36 FR 8921), Executive Order 13007 (61 FR 26771), Executive Order 13084, (63 FR 27655), and the American Indian and Alaska Native Tribal Government Policy (DOE 2000). Many of these regulations address cultural values and beliefs of Native Americans, and protect and preserve their religious rights and practices. The goal of these laws is to ensure that historic properties and cultural and religious values are considered when planning and conducting federal activities, and to consult with Native Americans when appropriate. Compliance with most of these statutes, regulations, and executive orders is through DOE Policy 141.1, 36 CFR 800, and the Programmatic Agreement Between the United States Department of Energy and the Advisory Council on Historic Preservation for the Nuclear Waste Deep Geologic Repository Program Yucca Mountain, Nevada (DOE 1988), which was executed between the DOE and the Advisory Council on Historic Preservation. The YMP provides all survey reports, data recovery plans, and annual reports to the State Historic Preservation Officer (SHPO) for comment and review. In 2003, representatives of the SHPO actively participated in oversight and review of the YMP program, commenting on numerous survey reports and participating in discussions of future work plans at Yucca Mountain. The Programmatic Agreement requires the YMP to develop and implement a comprehensive research plan for recovering, documenting, and interpreting data from historical properties. The Research Design and Data Recovery Plan for Yucca Mountain Project (DOE 1990) was developed and implemented to meet that requirement. Activities conducted in 2003 to implement that plan are described in Section 3.4.1. All personnel working at Yucca Mountain are informed of their responsibilities for protecting archaeological resources. That training is described in Section 3.11. To comply with the Programmatic Agreement, the ORD consults with certain Native American tribes and organizations regarding religious and cultural concerns about historical properties. The ORD conducts a Native American Interaction Program with 16 tribes and 1 Native American organization that have traditional ties to the Yucca Mountain area. Interactions conducted during 2003 are described in Section 3.4.3. Finally, the YMP provides the SHPO and the Advisory Council on Historic Preservation with regular reports concerning implementation of the YMP Cultural Resources Management Program. 2.5 AIR QUALITY Activities affecting air quality at Yucca Mountain are regulated by the Clean Air Act of 1977, as amended. That act requires, among other things, compliance with national air-quality standards, permits for operating air pollution sources, and limits on emissions of certain hazardous air pollutants. 40 CFR Part 63 did not apply to YMP activities conducted in 2003. These federal regulations set forth emission limits and other requirements for activities that generate emissions of certain types of hazardous air pollutants. No pollutants covered by these regulations have been emitted by YMP activities to date. The Nevada Division of Environmental Protection is responsible for implementing and enforcing most other requirements of the Clean Air Act of 1977 in Nevada. State regulations (NAC 445B) require an air-quality operating permit for large generators and other point sources of air pollution and for activities that are projected to disturb more than five acres. The ORD has held an operating permit for land disturbances since 1991 and has obtained permits, as needed, for the operation of generators and other emission sources. In mid-1995, the state consolidated those permits into a single Class-II air-quality operating permit (Johnson 1995). A new Class-II air-quality operating permit was issued to the Project on July 23, 2001 (Elges 2001). On December 8, 2003, the DOE submitted an Administrative Amendment to revise the mailing address for the Class II permit. On December 12, 2003, the state revised the permit to reflect the change in the mailing address (Regan 2003). Ten systems were permitted under the new air-quality operating permit (i.e., generators and other emission sources). As required, an annual report summarizing emissions during 2003 was submitted to the Nevada Division of Environmental Protection in February 2004 (Wade 2004b). Because of a reduction in site activities, no reportable air pollutants were emitted from the 10 permitted systems during 2003. The maximum amount of air pollutants that is allowed under a Class II permit is 100 tons. The air-quality operating permit requires the YMP to control fugitive dust. This was done throughout 2003 by applying water to disturbed areas. In addition, disturbed areas no longer required for the YMP were reclaimed (Section 3.3). Before 1999, the air-quality operating permit stipulated that the DOE must sample ambient air for inhalable particulate matter 10 micrometers or less in diameter (known as PM10). Although no longer required by the permit, the YMP continues to monitor PM10 because of its importance in establishing trends and detecting changes in air quality. The number of monitoring sites remained at two during 2003. PM10 air-quality conditions had been adequately established at the discontinued site in Jackass Flats along Fortymile Wash near Well J-12. Section 3.5 describes that program and the results of monitoring in 2003. The Clean Air Act of 1977 also regulates the service, maintenance and repair, and disposal of appliances and air conditioning systems from motor vehicles that contain Class I and Class II ozone-depleting substances (40 CFR Part 82). YMP technicians who repair and service these systems are certified and follow procedures to minimize releases of ozone-depleting substances. 2.6 WATER QUALITY AND AVAILABILITY 2.6.1 Clean Water Act of 1977 The Clean Water Act of 1977, as amended, establishes federal policy for restoring and maintaining the chemical, physical, and biological integrity of the nation’s waters. Regulations that implement the act address effluent discharges, water quality standards, and discharges of oil and hazardous substances into surface water. Only those parts of the act that regulate discharge of liquid effluents to the surface (including stormwater) and discharge of dredged or fill material were applicable to the YMP in 2003. Permits to discharge liquid effluents are issued under the National Pollutant Discharge Elimination System (40 CFR Part 122). Implementation and enforcement of this part of the Clean Water Act are delegated to the Nevada Division of Environmental Protection (NAC 445A). During 2003, the YMP operated under general discharge permits issued in May 1993 and September 2002 for stormwater discharges from construction sites (Brandmueller 1994; Lawson 2002) and in July 1995 for sanitary sewage discharges to a septic tank and leachfield (Saunders 1995). The septic tank permit expired in 1998, but the Nevada Division of Environmental Protection has stated that the permit will remain in effect until a new permit is issued. (This permit was renewed by State of Nevada on July 22, 2004, with an expiration date of July 22, 2009.) The Stormwater Pollution Prevention Plan was revised in late 2002 and early 2003 and became effective in March 2003. The Plan was revised to meet the requirements of the stormwater general permit received in 2002. Section 404 of the Clean Water Act of 1977 requires that a permit from the U.S. Army Corps of Engineers is required before placing dredged or fill materials into washes that are classified as waters of the United States (33 CFR Part 320). To ensure compliance with this requirement, all new surface-disturbing activities are evaluated as part of the land access process (Section 3.1). No activities were conducted in 2003 that required the placement of dredged or fill materials into washes that may be classified as waters of the United States. 2.6.2 Safe Drinking Water Act, as Amended The Safe Drinking Water Act gives the EPA responsibility and authority to regulate public drinking water supplies. The EPA does this by establishing drinking water standards, delegating to states the authority for enforcing those standards, and protecting aquifers from such things as injection of wastes and other materials into wells. The Nevada Bureau of Health Protection Services, Division of Health, enforces drinking water standards (NAC 445A). The water supply system at Yucca Mountain is classified as a public water supply, and an annual permit to operate that system was first granted in April 1996. The permit is renewed annually (Nevada State Division of Health 2003). All drinking water for the site comes from Wells J-12 and J-13. In 2003, by agreement with the State of Nevada, water was pumped periodically from Wells J-12 and J-13 to replenish the water in the distribution system As required by the public water system permit, quarterly results of sampling for coliform bacteria were submitted to the state; all samples were negative. The results of annual sampling for nitrate and fluoride were submitted to the state in 2003. Sampling and other activities conducted during 2003 were summarized in an annual report submitted to the Nevada Division of Health in January 2004 (Wade 2004c). Another component of the Safe Drinking Water Act applicable to the YMP in 2003 was the underground-injection-control program (40 CFR Part 144). This program was established to prevent contamination of underground sources of drinking water from improper design, construction, and operation of injection wells. The State of Nevada has EPA-granted authority to administer this program (NAC 445A), which requires a permit before tracers can be injected into drill holes or used in infiltration studies. To comply with this program, the YMP has a permit issued by the Nevada Division of Environmental Protection (Land 1998). This permit authorizes (1) the injection of water and various tracers, including gas, into 103 boreholes; (2) discharges from the concrete batch plant to a lined pond; (3) discharges to an infiltration basin; and (4) the use of filtered waste water from the Exploratory Studies Facility for dust suppression. As required by the underground-injection-control permit, quarterly reports were submitted to the Nevada Division of Environmental Protection. These reports list the volume of fluid produced or discharged per month, the type, quantity, and concentration of tracer(s) injected per month; summaries of tracer tests; the results of chemical analyses from the oil-water separator, and the results of semiannual sampling of drinking water from Well J-13. An annual report summarizing all 2003 activities for this permit was submitted in January 2004 (Wade 2004d). The underground-injection-control permit expired on January 26, 2001. An application to renew the permit was submitted in 2000 (Wade 2000) and was deemed complete by the Nevada Division of Environmental Protection. As provided in Nevada regulations, the YMP will continue to operate legally under the expired permit until a new permit is issued. 2.6.3 Nevada Statutes for Appropriation of Public Waters Use of water in Nevada requires a permit from the Nevada State Engineer. The Nevada State Engineer reviews permit applications to determine whether the requested water is available at the source, whether the proposed use conflicts with existing water rights, and whether the proposed use threatens to prove detrimental to the public interest (Nevada Revised Statute 533). In March 1992, the Nevada State Engineer issued temporary water-appropriation permits to the DOE for up to 430 acre-feet per year from Wells J-12 and J-13 (Turnipseed 1992a, 1992b, 1992c). On July 22, 1997, the DOE applied for permanent rights for this water to meet the DOE’s responsibilities under the NWPA for possible construction and operation of a repository at Yucca Mountain. The DOE’s application was denied on February 2, 2000, based on a finding by the State Engineer that the requested use threatened to prove detrimental to the public interest (Turnipseed 2000). In April 2002, the temporary permits for the 430 acre-feet per year expired. To avoid harming ongoing operations and scientific testing, the DOE and the State of Nevada entered into joint agreements in 2002 and 2003. The agreements allow the DOE to pump a specified amount of water per year for potable and non-potable purposes, including dust control, maintenance, and scientific testing. During 2003, the DOE pumped 1,557,200 gallons from these wells. Meanwhile, legal actions by the DOE are proceeding over the Nevada State Engineer’s denial of the DOE’s water-appropriation request (see Section 2.9 for additional information). A permanent water-appropriation permit was issued to the DOE in October 1992 for Well VH-1 for approximately 61 acre-feet per year (Turnipseed 1992d). During 2003, 84,905 gallons of water were pumped from Well VH-1 and used for dust control and reclamation. According to a stipulation in the Well VH-1 permit documentation; the DOE had 10 years to prove beneficial use of the water. On April 5, 2002, a Proof of Application of Water to Beneficial Use for 2.3 acre-feet was submitted to the State Engineer (Wade 2002). To date, no response has been received from the State. 2.6.4 Executive Order 11988, Floodplain Management Executive Order 11988 (42 FR 26951) requires that federal agencies develop regulations to evaluate the potential effects of their actions on flood hazards and floodplain management and avoid floodplain impacts to the extent practicable. The DOE has developed regulations to implement this Executive Order (10 CFR Part 1022). These regulations require a public notice of all activities that are proposed within a floodplain, an evaluation of practical alternatives and design changes, a floodplain assessment, and a published statement of findings. The DOE published a Notice of Floodplain/Wetlands Involvement for site characterization activities in 1989 (54 FR 6318). Two floodplain assessments for YMP activities at Yucca Mountain were then prepared (YMP 1991, 1992), and the associated statements-of-finding were published (56 FR 49765; 57 FR 48363). These actions meet the requirements of Executive Order 11988 (42 FR 26951) for all activities that occurred at Yucca Mountain during 2003. In June 1999, the DOE published 64 FR 31554 for activities associated with construction of a geologic repository at Yucca Mountain. A “Floodplain/Wetlands Assessment for the Proposed Yucca Mountain Geologic Repository” was included as Appendix L of the Final EIS (DOE 2002). 2.6.5 Executive Order 11990, Protection of Wetlands Executive Order 11990 (42 FR 26961) requires federal agencies to develop regulations for considering wetlands protection during the decision-making process for their proposed actions. The DOE’s regulations for implementing this Executive Order are at 10 CFR Part 1022. There are no wetlands at Yucca Mountain; therefore, the regulations in 10 CFR Part 1022 do not apply to site activities conducted during 2003. The DOE concluded in the “Floodplain/Wetlands Assessment for the Proposed Yucca Mountain Geologic Repository” (DOE 2002, Appendix L) that a wetlands assessment was not required for construction of a repository because there are no wetlands at Yucca Mountain. 2.7 HAZARDOUS MATERIALS AND SOLID WASTES 2.7.1 Federal Facility Compliance Act of 1992 The Federal Facility Compliance Act of 1992 amends parts of the Resource Conservation and Recovery Act of 1976 (RCRA) to require compliance by federal facilities with federal, state, and local laws and regulations related to solid and hazardous wastes. In addition, the Federal Facility Compliance Act of 1992 waives the federal government’s sovereign immunity for violations of federal, state, and local laws and regulations related to solid and hazardous wastes. The YMP complies with all applicable laws and regulations related to solid and hazardous wastes, as described in Section 2.7.4. 2.7.2 Comprehensive Environmental Response, Compensation, and Liability Act of 1980 The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 provides a framework for the cleanup of sites containing hazardous wastes that present a substantial danger to the public. As amended in 1986, the Act also requires emergency notification and response for release of a hazardous substance that exceeds threshold quantities. Executive Order 12580 (52 FR 2923) delegates to heads of executive departments and agencies the responsibility for undertaking remedial actions for releases or threatened releases that are not on the National Priority List. It also requires removal actions other than emergencies where the release is from any facility under the jurisdiction or control of executive departments and agencies. If a reportable quantity of a hazardous substance is released into the environment, the DOE will immediately notify the National Response Center and the State of Nevada and initiate clean-up activities. There were no releases in 2003 that exceeded reportable thresholds under either the Comprehensive Environmental Response, Compensation, and Liability Act or the State of Nevada requirements in NAC 445A. 2.7.3 Emergency Planning and Community Right-to-Know Act of 1986 The Emergency Planning and Community Right-to-Know Act (EPCRA) of 1986; NAC 477, and NAC 459 establish the planning, notification, permitting, and reporting requirements for hazardous substances and chemicals that are produced, used, stored, handled, transported, or released by the YMP. Sections 302, 311, and 312 of the EPCRA require, among other things, that the owner or operator of a facility report quantities stored, and releases of, specified chemicals to the State Emergency Response Commission, Local Emergency Planning Committee, and local fire departments with jurisdiction over a facility. Those sections also require that Material Safety Data Sheets be provided to those organizations. To meet those requirements, information on hazardous materials and chemicals at the YMP in 2003 is reported in the Nevada Combined Agency Hazmat Facility Report (Wade 2003b). This report is prepared annually in accordance with NAC 477 and submitted to the Nevada Office of the State Fire Marshal, Nevada State Emergency Response Commission, Nye County Local Emergency Planning Committees, and local fire protection services (Section 3.8). That report also serves as the application for renewal of the Nevada hazardous-materials storage permit. Section 304 of the EPCRA requires the owner of a facility that produces, uses, or stores a hazardous chemical to immediately notify the State Emergency Response Commission and the Local Emergency Planning Committee of a release of specified hazardous substances that is not federally permitted, exceeds the reportable quantity, and results in exposure to persons offsite. There were no releases of specified hazardous substances during 2003. Section 313 of the EPCRA requires certain owners or operators of facilities that manufacture, process, or otherwise use listed toxic chemicals in excess of established thresholds to submit annual reports on the amounts of those chemicals released into the environment. The YMP did not manufacture, process, or otherwise use any chemicals regulated under Section 313 of the EPCRA in excess of threshold quantities during 2003. 2.7.4 Resource Conservation and Recovery Act of 1976 and Associated Regulations The RCRA is a comprehensive program for regulating and managing hazardous wastes (Subtitle C), nonhazardous solid wastes (Subtitle D), and underground storage tanks (Subtitle I), and promoting the use of recycled and recovered materials (Subtitle F). The RCRA’s primary goals are to protect human health and the environment from the potential hazards of waste disposal, conserve energy and natural resources, reduce the amount of waste generated, and ensure that wastes are managed in an environmentally sound manner. The RCRA sets a federal policy of restricting land disposal of untreated hazardous wastes in favor of environmentally preferred alternatives such as treatment, source reductions, and recycling. Regulations promulgated under the RCRA define hazardous wastes and specify requirements for their transport, handling, treatment, storage, and disposal. Section 6001 of the RCRA requires federal agencies to comply with all federal, state, interstate, and local requirements relating to the control and abatement of solid- and hazardous-waste disposal. Subtitle C–In 1985, the EPA authorized Nevada to administer Subtitle C of the RCRA (managing hazardous waste). The Nevada Division of Environmental Protection is the agency responsible for administering this part of the RCRA (NAC 444). Activities at the Yucca Mountain site generate more than 220 pounds, but less than 2,204 pounds per month of RCRA-defined hazardous wastes; therefore, the site is regulated under the act as a small-quantity generator. The YMP submitted a “Notification of Hazardous Waste Activity” to the Nevada Division of Environmental Protection for the generation of hazardous waste at the Yucca Mountain site in 1989 and received EPA identification number NV7890090023. Activities at the YMP’s Las Vegas office facilities generate less than 100 kilograms (220 pounds) per month of RCRA-defined hazardous wastes; therefore, the site is regulated under the act as a conditionally exempt small-quantity generator. State of Nevada regulations require small quantity generators to complete a biennial hazardous waste report. The report identifies the types and quantities of hazardous waste generated and transported offsite for treatment, storage, or disposal by the YMP and is used to track national trends in waste management practices. A biennial hazardous-waste report was submitted to the State of Nevada for waste management activities on the YMP during 2003 (Wade 2004e). Subtitle D–Nonhazardous solid waste is regulated by Nevada under Subtitle D of the RCRA (NAC 444). Refuse, along with salvageable, industrial, and special non-hazardous waste, were recycled or disposed of during 2003 in accordance with these regulations (Table 5, Section 3.8.2). Subtitle F–Subtitle F of the RCRA requires that federal agencies comply with all federal, state, interstate, and local requirements stemming from the RCRA, unless exempted by the President. The YMP complies with the requirements of the RCRA as described above. Subtitle F also encourages the federal government to institute a procurement policy that encourages the purchase of recoverable materials, which, because of their performance, can be substituted for virgin material at a reasonable price. YMP compliance with the procurement policy is discussed in Section 3.8.3. Subtitle I–Management of the RCRA underground-storage-tank program has been delegated to Nevada (NAC 459). Because YMP activities do not require the use of underground storage tanks regulated by Subtitle I, this section is not applicable. 2.7.5 Toxic Substances Control Act The Toxic Substances Control Act of 1977 authorizes the EPA to require testing of new chemical substances that enter the environment and to regulate those chemicals when necessary. This act complements and expands existing toxic substance laws such as Section 112 of the Clean Air Act and Section 307 of the Clean Water Act of 1977. This act also regulates certain toxic substances, specifically polychlorinated biphenyls, chlorofluorocarbons, asbestos, dioxins, certain metal-working fluids, and hexavalent chromium. In 2003, there were no YMP activities subject to this act. 2.7.6 Federal Insecticide, Fungicide, and Rodenticide Act The Federal Insecticide, Fungicide, and Rodenticide Act require that all pesticides used in the United States be submitted for registration by the EPA. To be approved for registration, the active ingredients in pesticides must meet criteria regarding the quantity, quality, and impact upon the environment. No manufacturer or importer may make or sell a product for use to control pests unless the compound is registered with the EPA. Pesticide applications for the YMP site are performed by the Management and Operating contractor for the Nevada Test Site. 2.8 DOE DIRECTIVES The following DOE Directives were directly applicable to the environmental program conducted by the ORD during 2003. DOE Notice 231.1 sets forth the requirements and responsibilities for DOE elements to prepare annual summary reports for the Secretary of Energy on the results of Environmental, Safety and Health (ES&H) assessments conducted in the previous year. This Notice also implements the revised requirements of 29 CFR Part 1904, “Recording and Reporting Occupational Injuries and Illnesses,” to ensure the collection and reporting of occupational injury and illness information required by law or essential for evaluating DOE operations. DOE Order 231.1A establishes requirements to ensure that ES&H information required by law or regulation, or essential for evaluating operations and identifying opportunities for improvements, is collected and reported. This site environmental report and an annual NEPA planning summary (Section 2.1.2) are the reporting requirements of this Order that are applicable to the YMP environmental program. DOE Order 450.1 implements sound stewardship practices that protect the air, water, land, and other natural and cultural resources affected by DOE operations. It also requires DOE to meet or exceed compliance with applicable environmental; public health; and resource protection laws, regulations, and DOE requirements in a cost-effective manner. These objectives must be accomplished by implementing EMSs at DOE sites. An EMS is a continuing cycle of planning, implementing, evaluating, and improving processes and actions undertaken to achieve environmental goals. These EMSs must be part of ISMSs established pursuant to DOE Policy 450.4. DOE Order 451.1B describes DOE’s requirements and responsibilities for implementing the NEPA, the Council on Environmental Quality Regulations Implementing the Procedural Provisions of the NEPA (40 CFR Parts 1500-1508), and the DOE NEPA Implementing Procedures (10 CFR Part 1021). Section 2.1.2 includes a summary of actions taken by the ORD to comply with the NEPA and this Order. DOE Order 5400.5 establishes limits and requirements for a variety of scenarios involving potential exposure to radiation. Also covered are the radiological monitoring requirements for the sale or release of equipment or material potentially contaminated by radiation. Project equipment that was historically transferred from the Nevada Test Site or other DOE sites with no documented radiation survey, and which is scheduled for release to the general public, is surveyed in accordance with this Order. The Project does not release any item having levels of residual radioactive contamination greater than those listed in this Order and no radioactive items were released in 2003. Consequently, the requirement in the guidelines for the preparation of site environmental reports (Wallo 2004) to discuss approved release limits, dose estimates, radionuclide concentrations, and expected end-use scenarios are not applicable. DOE Order 5480.4 specifies requirements for mandatory ES&H standards applicable to all DOE and DOE-contractor operations, lists reference ES&H standards, and identifies the sources of the mandatory environmental standards. The mandatory standards listed in this Order that were applicable to the YMP during 2003 are the laws and regulations described in this section. DOE Policy 450.4 describes objectives, guiding principles, and core functions of an ISMS to be implemented throughout the DOE complex. DOE acquisition regulations (48 CFR Part 970) require contractors to manage and perform work in accordance with a documented ISMS. BSC documents its processes and mechanisms for implementing ISMS in an Integrated Safety Management description document that is updated annually and submitted to DOE per contractual requirement (Anderson 2003). That document describes the successful implementation of ISMS objectives throughout BSC operations and includes the results of a review conducted in 2003 by BSC senior managers and DOE representatives to evaluate BSC compliance with these objectives. DOE accepted the updated description document to indicate approval of BSC’s ISMS program implementation. DOE Policy 450.5 is for line-management oversight of ES&H and for the use of contractor self-assessment programs to implement that oversight. Section 3.9 describes the YMP environmental assessment program. 2.9 PERMIT-ASSOCIATED LITIGATION In February 2000, the Nevada State Engineer denied DOE’s water-appropriation request for permanent rights to 430 acre-feet per year for use at Yucca Mountain (Turnipseed 2000). Shortly thereafter, the DOE filed a suit to overturn the State Engineer’s ruling. In September 2000, the U.S. District Court granted the State’s motions to dismiss the DOE’s suit. The DOE appealed, and in October 2001, the Ninth U.S. Circuit Court of Appeals ordered a federal judge to hear the DOE’s suit. While this court case proceeded, the DOE filed a separate Motion in April of 2002 in U.S. District Court to ensure continued access to water at Yucca Mountain. The Court denied DOE’s Motion based on a finding that DOE had failed to show irreparable harm at that point. In December 2002, the DOE filed a Renewed Motion to stop the State of Nevada from interfering with the DOE's effort to replenish the potable water supply at Yucca Mountain. In December 2002, the State of Nevada and the DOE agreed to a joint stipulation that allowed DOE to re-supply the potable water-storage tanks at Yucca Mountain, as needed. In July 2003, the State of Nevada agreed to let the DOE pump water from Wells J-12 and J-13 for non-potable purposes, including dust suppression and continuing scientific studies. In November 2003, the State Engineer again denied DOE’s water-appropriation request for 430 acre-feet per year for use at Yucca Mountain (Ricci 2003). In December 2003, the DOE appealed the State Engineer’s ruling. The DOE continues to pursue the water-appropriation request to obtain permanent rights to 430 acre-feet per year for use at Yucca Mountain. 3. ENVIRONMENTAL PROGRAMS This section describes the environmental program conducted during 2003 to implement the requirements of the environmental permits described in Section 2, monitor impacts of the Project, and protect the environment at Yucca Mountain. The organization, responsibilities, and requirements of this program are described in the Environmental Management Plan (YMP 2000a). All aspects of the YMP environmental program are conducted in accordance with the YMP ISMS. During the planning stage for all Project activities, potential impacts to the environment are identified and measures to mitigate those impacts are developed. These measures, including clear roles and responsibilities for conducting work and ensuring compliance, as well as environmental training, are incorporated into written procedures (i.e., work instructions) that describe how the work must be conducted. For maintenance and other ongoing projects, environmental review is conducted during planning and development of work instructions. For new activities at Yucca Mountain, a review also occurs as part of the land-access review and control process (Section 3.1). Assessments (Section 3.9) and surveillances (Section 3.10) are conducted to ensure that work is performed within controls and to provide feedback for improvement. 3.1 LAND-ACCESS REVIEW AND CONTROL All new YMP activities, as well as all ongoing activities that are to be substantially modified or require access to additional land, must undergo a review before implementation. This process is initiated when principal investigators or responsible managers submit a land access request. The request is evaluated to determine whether the activity (1) is covered under existing ROWRs; (2) will result in land use conflicts; (3) will be in compliance with applicable federal, state, and local environmental laws and regulations; (4) will require any new regulated, hazardous materials; and (5) will require additional environmental permits or modifications to existing permits. If new permits are required, they are applied for at this time. Reviews or pre-activity surveys for biological and cultural resources (Sections 3.2 and 3.4) are conducted to identify potential impacts to those resources and prepare for future reclamation. Surveys for radiological hazards and residual radiological contamination also are conducted for activities planned in suspected areas on the Nevada Test Site. If the activity can be conducted in compliance with environmental regulations and is acceptable to the ORD, a land-access approval letter is issued. The letter contains permit requirements and other stipulations that must be incorporated into planning and implementation procedures as part of the YMP ISMS. Clearance surveys for tortoises are conducted before the start of any groundbreaking activity that requires the removal of vegetation (Section 3.2). If available, topsoil is then removed and stored onsite or at one of the Project’s existing topsoil stockpiles. During activities, surveillances are conducted to evaluate compliance with environmental stipulations (Section 3.10). After activities are completed, the amount of land disturbed is measured to track compliance with the biological opinion for the YMP (Buchanan 1997). If the site is no longer to be used, a reclamation plan is developed (Section 3.3). During 2003, 20 land access requests were received by BSC/Environmental Compliance. Ten of the requests were determined not to fall under AP-EM-002, Land Access and Environmental Compliance since they were either maintenance activities taking place in previously disturbed areas or a test planned in a Nevada Test Site building and did not require any permits. Ten land access requests required a complete evaluation and DOE approval, because of the work scope and potential impacts. Of these ten activities requiring DOE approval, seven were given complete approval, two were partially approved, and one was on hold due to a lack of funding. Biological evaluations, which included six field surveys, were conducted for all 10 activities. Archaeological evaluations, which included seven field surveys, were conducted for nine sites (one site had been surveyed previously). No environmental permits were required for any of these activities. No land was cleared of vegetation or soil in 2003. The amount of land disturbed by the Project since 1991 remains 319 acres. This is 95 acres less than the total of 414 acres stipulated in the biological opinion for the YMP (Buchanan 1997). Of the 319 acres disturbed since 1991, 271 acres were disturbed before 1996. The amount of land disturbed per year generally has decreased over the past few years, with 12.4, 5.9, 2.0, 0.0, 0.4, and 0.0 acres disturbed from 1998 through 2003, respectively. 3.2 BIOLOGICAL SURVEYS Biological surveys are conducted to comply with the Endangered Species Act of 1973 (Section 2.3.1); the Migratory Bird Treaty Act (Section 2.3.2); Section 404 of the Clean Water Act of 1977 (Section 2.6.1), and to develop methods for minimizing the impacts of YMP activities on plants and animals. The biological opinion for the YMP (Buchanan 1997) requires pre-activity surveys for desert tortoises prior to clearing vegetation. During those surveys, biologists evaluate potential impacts to tortoises from the proposed activity and, if necessary, identify ways to modify the activity to avoid harming tortoises and their burrows. Project biologists also evaluate potential impacts to migratory birds and other plant and animal species classified as sensitive by the BLM (or other land management agencies). In addition, biologists determine whether activities will need a permit to place dredged or fill material into waters of the United States. The biological opinion also requires clearance surveys to move tortoises or tortoise nests if they are in danger. Those surveys must be conducted before ground-disturbing activities, off-road driving, or trench filling can commence. Pre-activity and clearance surveys were conducted for six activities in 2003: • Installation of barriers along the crest of Yucca Mountain • Boreholes to investigate magnetic anomalies • Repair of erosion damage at the South Portal • Removal of six radiological monitoring stations • Removal of equipment from Fran Ridge • Reclamation and remediation of disturbed sites. Approximately 16 acres were surveyed. A partially collapsed tortoise burrow was found during the clearance survey of a trench being reclaimed. The burrow was avoided during reclamation. One inactive tortoise burrow was found during the pre-activity survey for a magnetic anomaly borehole. That burrow will be avoided during borehole drilling scheduled during 2004. None of these or other activities conducted at Yucca Mountain during 2003 required placement of fill material into waters of the United States. 3.3 HABITAT RECLAMATION Habitat is reclaimed for a variety of reasons: • Comply with the terms and conditions of the biological opinion for site characterization (Buchanan 1997) • Meet requirements in the Project’s ROWRs (e.g., BLM 1988, 1989) • Implement requirements in the Project’s air-quality operating permit (Elges 2001) • Reduce the spread of exotic plant species as required by Executive Order 13112 (64 FR 6183 [Section 2.3.4]) • Implement commitments in the environmental assessment for site characterization (DOE 1986, Sections 4.1.1.4 and 4.1.2.6) • Minimize impacts of site characterization, as required by Section 113 of the NWPA (Section 2.1.1). Reclamation is conducted in accordance with the Reclamation Implementation Plan (YMP 2001a). The long-term goal of the reclamation program is to reestablish processes on disturbed sites that will eventually lead to self-sustaining plant communities. Planning inventories, reclamation surveys, implementation, monitoring, remediation, and site-release evaluations are conducted to accomplish this goal. The planning process includes pre- and post-disturbance surveys and evaluations of past reclamation trials at Yucca Mountain. This information is used to identify implementation techniques for establishing structural and physical components, controlling soil erosion, and facilitating establishment of native vegetation. After implementation, monitoring is conducted to evaluate plant growth, identify remediation needs, and make final determinations regarding reclamation success so that sites can be released from further DOE input. 3.3.1. Reclamation Inventories Reclamation inventories are conducted to identify methods for reducing the impact of construction activities and to assess site conditions and resources for final reclamation. Vegetation associations, plant species and their abundance, and the presence of exotic species are measured during these inventories. Stipulations may be developed for depth and location of topsoil stockpiles, chemical or vegetative stabilization of stockpiles, plant salvage, and practices to reduce wind or water erosion. Stipulations from the inventories are incorporated into approval letters for land access. During 2003, reclamation inventories were conducted at seven planned borehole sites that will be used to investigate magnetic anomalies in Crater Flat and Amargosa Valley. These boreholes are scheduled to be drilled in 2004. 3.3.2 Reclamation Surveys Reclamation surveys are conducted to assess reclamation requirements at disturbed areas no longer needed for the YMP. Survey information is gathered on slope, aspect, disturbance area, disturbance severity, site preparation needs for revegetation, and intensity of reclamation required. Based on this information, a final reclamation plan is written, which describes the actions needed for site preparation and reclamation. Site decommissioning is completed before reclamation, including removing waste and aboveground man-made structures, filling trenches, and closing and sealing boreholes. In 2003, reclamation surveys were conducted at six sites where radiological monitoring stations were scheduled to be removed and at Fran Ridge where equipment was scheduled to be removed. For both these activities, no topsoil was removed and reclamation was not required. 3.3.3 Reclamation Implementation Reclamation is considered short-term when topsoil that is removed from disturbed sites is stockpiled for less than one year, and trenches or pits are backfilled outside of the usual planting season (October through December). Chemical stabilization of surface soil is commonly used in these circumstances. Final reclamation is implemented on long-term topsoil stockpiles and on sites that are no longer needed for the YMP and have been decommissioned. Final reclamation includes spreading and contouring topsoil, creating erosion-control structures, ripping, seeding, spreading and anchoring mulch, and fencing to exclude grazers. Final reclamation was completed at 16 sites in 2003. These sites totaled 1.2 acres. Sites were seeded in January with a mixture of native plant species. After seeding, all sites were mulched with straw, which was anchored to the soil with a chemical tackifier (a binding agent mixed with wood fiber and water used to hold seed and straw in place). All 16 seismic-borehole sites are on the Nevada Test Site. To date, final reclamation has been implemented on 257 former YMP disturbances totaling 88.4 acres. 3.3.4 Reclamation Monitoring and Remediation To evaluate reclamation progress, sites are monitored periodically. If progress is not satisfactory, remediation is conducted (e.g., re-seeding, transplanting, erosion control efforts). During the summer of 2003, 94 reclaimed sites were monitored, including soil pits, trenches, boreholes, and access roads. Twenty percent of the sites were in good condition, 37 percent were in fair condition, 23 percent were in failing condition, and 20 percent were not assigned a rating because plant density was too low. Germination on unrated sites was probably poor because the sites were recently seeded or because of dry soil conditions; germination is expected when soil conditions become more favorable. Sites in failing condition were generally those that had been reclaimed in 2000 or 2001, and germination had not yet occurred. During 2003, 273 plants of three species (Coleogyne ramosissima [blackbrush], Larrea tridentata [creosotebush], and Salazaria mexicana [Mexican bladdersage]) were transplanted onto four sites to increase plant density, cover, and diversity. These species were selected because they did not establish very well from seed or seed was not available commercially. Remediation was conducted on two previously reclaimed trenches in 2003 (UE-25 MWV-TR #4 and USW TR-2). USW TR-2 was originally reclaimed in 1999, but supported few native perennial species and was heavily infested with exotic annuals (Salsola tragus [Russian thistle] and Bromus rubens [red brome]). Approximately 30 cubic yards of topsoil were imported to this site and spread with a road grader. UE-25 MWV-TR #4 was also reclaimed in 1999, but only a few plants had become established. This trench was also infested with Salsola tragus and Bromus rubens. Both sites were ripped and reseeded. The surfaces were hand raked to cover the seed and mulched with wheat straw. The straw was tackified to the soil surface with a mixture of M-binder organic tackifier, wood fiber and water. Approximately 1.1 acres were remediated. Vegetation cover and soil erosion were monitored on 40 topsoil stockpiles. No action was required to maintain these stockpiles. Soil from these stockpiles will be respread over sites during final reclamation. Standards used to determine the success of reclamation are contained in the Reclamation Implementation Plan (YMP 2001a, Section 6.1). In general, reclamation is considered successful if plant cover, density, and species richness of native perennial vegetation are equal to, or exceed, 60 percent of the value of the same parameters in undisturbed reference areas. If the sites meet these criteria, they can be released from further monitoring. During 2003, eight large sites (>0.25 acres) totaling 3.4 acres and 35 small sites (<0.25 acres) totaling 1.9 acres met the success standards for release. Two reports (one for the 35 small sites and one for the eight large sites) summarizing the monitoring results will be prepared in 2004. To date, 98 disturbed sites totaling 19.8 acres have been successfully reclaimed and released from monitoring. 3.4 CULTURAL RESOURCES AND NATIVE AMERICAN INTERACTIONS Surveys for archeological resources, educational initiatives, and interactions with Native Americans were conducted to meet the requirements of the laws and regulations described in Section 2.4. 3.4.1 Survey, Data Recovery, and Research The YMP conducts pre-activity surveys for cultural resources before sites are disturbed. Survey activities, findings, and related data-recovery efforts are reported to various state and federal agencies. In addition, the condition of known archaeological sites is monitored periodically, and research is conducted in accordance with the Research Design and Data Recovery Plan for Yucca Mountain Project (DOE 1990). Artifact inventories are submitted to the U.S. Department of the Interior in compliance with reporting requirements of the Native American Graves Protection and Repatriation Act. Artifacts are maintained in a curation facility in Las Vegas, Nevada, in accordance with 36 CFR Part 79 and stipulations of the Programmatic Agreement. Seven archaeological pre-activity field surveys were conducted during 2003 in areas proposed for site activities. One new archaeological site and nine isolated artifacts were identified during those surveys. One survey report was submitted to the SHPO and the Advisory Council on Historic Preservation, while two reconnaissance reports on cultural resources were submitted to the BLM. Several other reports were prepared for ORD review prior to submittal to the SHPO and the Advisory Council on Historic Preservation. Conditions at five previously documented historical properties at Yucca Mountain were evaluated, and no major disturbances were noted at these sites. No new mitigative data-recovery plans were developed during 2003. Analysis of artifacts was accomplished for artifacts collected in 2002 from site 26NY7869. A draft report of this evaluation and data-recovery effort was completed and submitted to DOE for review and comment. The final version of this report will be issued in 2004. 3.4.2 Educational Initiatives The Project has developed educational displays to inform YMP workers and the public about the YMP archaeological program and the kinds of historical properties at the site. These displays are located at the Yucca Mountain Science Centers in Las Vegas, Beatty, and Pahrump, and at the Exploratory Studies Facility at Yucca Mountain for use during public tours. Items displayed include maps of southern Nevada depicting areas historically occupied by various tribes; biographical sketches of local Native Americans; artifacts and written explanations of their manufacture; examples of basket weaving and animal traps; traditional stories about plants and animals; and descriptions of plants as religious objects and sources of food, clothing, and medicine. A portable display and slide show has been developed for other presentations. 3.4.3 Native American Interactions The ORD continued interactions with involved Native American tribes in 2003, as directed by the laws and regulations summarized in Section 2.4. Currently, the YMP Native American Interaction Program involves 17 concerned tribes and organizations (comprised of Western Shoshone, Southern Paiute, and Owens Valley Paiute and Shoshone) located in Nevada, California, Utah, and Arizona. During 2003, the DOE tribal liaison continued to work to become familiar with the tribes and Native American issues associated with the YMP Native American Interaction Program. Support was given to DOE headquarters throughout the year to insure continued implementation of the DOE American Indian and Alaska Native Tribal Government Policy. In addition, the DOE sponsored educational workshops, speaking engagements, and site tours at which the YMP Native American program was explained to the public. The ORD has a standing offer to continue consultations required by the Native American Graves Protection and Repatriation Act with any tribe that was not able to participate during the 1998/1999-consultation process. To date, the DOE has not received any additional requests for consultation, or any formal requests for repatriation of artifacts that meet the criteria of the Native American Graves Protection and Repatriation Act. 3.5 AIR QUALITY Ambient air-particulate matter has been sampled as part of the environmental monitoring program since 1989, using standard regulatory agency methods. From 1991 to 1999, the Project’s air-quality operating permit stipulated that DOE must measure PM10-inhalable particulate matter 10 micrometers or less in diameter at Yucca Mountain. Monitoring has continued since then to demonstrate continued compliance with federal (40 CFR Part 50) and Nevada (NAC 445B) ambient air-quality standards. Air quality was monitored at two sites during 2003. Site 1 is in Midway Valley near the Exploratory Studies Facility (Figure 3); it represents conditions near most of the surface-disturbing activity at Yucca Mountain. Site 9 is at Gate 510 on the Nevada Test Site about 13 miles south of the Exploratory Studies Facility. This site, located near the community of Amargosa Valley, is used as an indicator of “ambient” air quality. Two PM10 samplers were operated simultaneously at Site 1 to assess the precision of measurements for quality assurance requirements. PM10 has been sampled at Site 1 since April 1989 and at Site 9 since October 1992. Twenty-four-hour sampling was scheduled every sixth day during 2003, as in previous years. Sites 1 and 9 had valid sampling results for 59 and 58 days, respectively, out of 61 possible scheduled days. The sampling and analysis program was performed in accordance with EPA and Nevada standards, monitoring requirements, and guidance. Concentrations of airborne particulate matter were generally low in 2003, though a few days were affected by wildfires as in past years. Summaries of the last five years of sampling are shown in Table 2. The highest 24-hour concentrations of PM10 in 2003 at Sites 1 and 9 were 33 and 38 micrograms per standard cubic meter (µg/m3), respectively. The highest sample at Site 1 and the second highest at Site 9 were taken on October 30, when wildfires were burning in the region. All measurements in 2003 were much lower than the maximum allowable 24-hour concentration of 150 µg/m3. Arithmetic mean concentrations were 8 and 10 µg/m3 at Sites 1 and 9, respectively, which are about 80 percent lower than the maximum allowable annual arithmetic mean of 50 µg/m3. These annual average concentrations are similar to those from previous years (Table 2). Table 2. Summary of Ambient Particulate Matter PM10 Sampling, 1999 through 2003 (µg/m3) Site 1999 2000 2001 2002 2003 Highest 24-hour average 1 18 38 19 52 33 9 18 36 22 43 38 Second-highest 24-hour average 1 18 34 18 37 17 9 17 19 39 35 39 Arithmetic mean of 24-hour average 1 8 11 8 10 8 9 11 9 10 9 11 3.6 METEOROLOGICAL MONITORING Local meteorology has been monitored at Yucca Mountain since 1986 to characterize environmental conditions, study mechanisms of airborne transport of contaminated materials, and provide input to the design of surface facilities (per the data-collection requirements of DOE 2003). Meteorological parameters, including wind, temperature, humidity, precipitation, barometric pressure, and atmospheric stability, were measured at four sites during 2003 (Sites 1, 2, 4, and 9) (Figure 3). Precipitation, air temperature, and humidity were measured at five other sites (Sites 3, 5, 6, 7, 8) around Midway Valley and in Jackass Flats. Rain and snow also were measured at three other locations (Sites 401, 405, and 415) on the crest of Yucca Mountain. Precipitation during 2003 was about one-third more than the average from 1996 through 2003 (Table 3). Averages from both the last five years (1999-2003) and the average from the eight full years of measurements (1996-2003) are shown in Table 3. The year 2003 was the third-wettest since 1996, following the driest year during this period in 2002. Precipitation varies among sites, with Sites 5 and 9 in Jackass Flats and Amargosa Valley having the least amount each year, and Sites 3 and 6 on the east and north sides of Yucca Mountain generally having the greatest average amounts. Figure 3. Air Quality and Meteorology-Monitoring Sites Table 3. Annual Precipitation at Meteorological Sites, 1999 through 2003 Precipitation (inches) Site Elevation (feet) 1999 2000 2001 2002 2003 Average 99-03 Average 96-03 1 3,750 7.22 9.69 7.07 1.56 9.74 7.06 7.64 2 4,849 5.72 8.73 7.82 1.26 10.94 6.89 7.27 3 4,196 7.15 10.26 8.63 1.33 11.62 7.80 8.30 4 4,049 8.18 8.61 7.31 1.31 9.01 6.88 7.33 5 3,127 3.40 5.36 5.03 1.32 8.44 4.71 5.55 6 4,315 5.29 10.70 8.83 1.16 8.95 6.99 8.04 7 3,547 7.92 9.91 6.74 1.26 9.50 7.07 7.54 8 3,711 6.31 9.71 6.87 1.06 10.00 6.79 7.30 9 2,749 2.59 4.09 4.51 0.74 6.03 3.59 4.21 401 5,125 4.81 9.65 8.10 1.20 8.86 6.52 – 405 4,882 6.32 8.31 5.96 0.99 8.34 5.98 – 415 4,725 5.64 7.36 6.26 1.11 9.12 5.90 – 3.7 WATER MONITORING Groundwater levels and spring flows in the Yucca Mountain region have been monitored for the YMP since 1992. The monitoring is designed to detect and document background fluctuations in regional groundwater levels and spring flows, and to identify potential effects of groundwater withdrawals from YMP-permitted wells on regional groundwater levels and spring flows. Because the YMP does not release effluents into groundwater or otherwise affect the quality of that water, water quality is monitored only to meet permit requirements described in Section 2.6. During 2003, groundwater levels and spring flows were monitored at 34 wells, one flowing well, and 5 springs (Figure 4). Water levels were measured monthly at wells, and discharge rates at springs were measured quarterly. Annual estimates of groundwater withdrawals were obtained primarily from the U.S. Geological Survey and the Nevada Division of Water Resources. Source: Modified from DOE 1999 Figure 4. Groundwater Monitoring Wells and Springs The potential effects of water withdrawals from YMP wells are assessed by comparing current conditions to historical and baseline conditions. Additionally, measurements of spring flow provide data on the status of water availability in environmentally sensitive areas of Ash Meadows, Devils Hole, and Death Valley. Results of this monitoring program through 2000 are described in Fenelon and Moreo (2002). That report analyzed YMP water-monitoring data and other regional data for trends or fluctuations in water levels and discharge. The analysis showed that between 1992 and 2000, water levels in Jackass Flats, where YMP withdraws the majority of its water, either had slight upward trends or were unchanged. Changes in groundwater levels and spring flows elsewhere in the region were attributed to factors such as climatic change, local and regional groundwater withdrawals, and earthquakes (Fenelon and Moreo 2002). YMP groundwater withdrawals had no measurable effect on regional groundwater levels or spring flows. Recent groundwater-level data for wells in Jackass Flats are compared to established baseline data in Table 4. Table 4. Water Level Altitudes in Wells in Jackass Flats (in feet) 2003a Previous Years – Median Value Well Min Max Median 2002b 2001b 2000b 1999b Baselinec JF-1 2393.1 2393.5 2393.3 2393.1 2393.1 2392.8 2392.7 2392.5 JF-2 2392.6 2392.8 2392.7 2392.1 2392.8 2392.7 2392.5 2392.1 JF-2a 2470.9 2473.0 2471.9 2470.8 2471.0 2470.6 2470.2 2468.6 J-13 2390.5 2390.9 2390.8 2389.7 2390.5 2390.2 2390.0 2390.0 J-11 2402.4 2402.8 2402.6 2402.3 2402.7 2402.4 2402.4 2402.2 J-12 2388.6 2388.9 2388.8 2388.6 2388.5 2388.4 2388.3 2388.3 JF-3 2388.5 2388.9 2388.7 2388.5 2388.5 2388.4 2388.2 2388.3 a Wade 2003c; Wade 2003d; Wade 2003e; Wade 2004f b See previous Site Environmental Reports (YMP 2003; YMP 2002; YMP 2001b; YMP 2000b) c Locke 2001. Table 10 (baseline years are 1985-1991 for JF-2, JF-2, and JF-2a; 1989-1991 for J-13; 1990-1991 for J-1 and J-12; and 1992-1993 for J-3) Well JF-3 was installed in 1992 and has been routinely measured since then to monitor the effects of groundwater withdrawals from Wells J-12 and J-13 (Figure 4). The depth to water in Well JF-3 and most other YMP monitoring and water-supply wells in Basin 227A (Wells J-11, J-12, J-13, JF-1, and JF-2) was slightly higher in 2003 than baseline water levels (Table 4). The increase in median water levels from 2002 median levels ranges from 0.2 feet in Wells JF-1, J-12, and JF-3 to 1.1 feet in Wells JF-2a and J-13. Prior to April 2002, Well J-13 was the primary water supply well at Yucca Mountain (see Section 2.9 for additional information). Since April 2002, water withdrawals from this well decreased from about 40 acre-feet per year to about four acre-feet per year. The increase in the median water levels for Well J-13 in 2003 may be a response to the reduction in pumping. 3.8 HAZARDOUS MATERIALS MANAGEMENT AND POLLUTION PREVENTION 3.8.1 Hazardous Materials To minimize the potential hazards of chemicals to personnel and the environment, a review of each hazardous material is required before purchase by, or use on, the Project. To initiate this review, a request for authorization must be submitted before any hazardous material is purchased. The request is then reviewed, along with associated Material Safety Data Sheets and chemical databases, to identify requirements, potential environmental hazards, and health and safety risks. When reasonable, suitable substitutes are discussed with the requester. If no substitute is available, authorization to use the material may be denied, or requirements are developed for use of the material to minimize risks (e.g., storage methods, personal protective equipment and handling requirements, training, spill prevention methods, and waste disposal). All chemicals stored at Yucca Mountain and other sites operated by the Project are inventoried and tracked. This information is used to comply with the requirements of EPCRA and Nevada regulations (Sections 2.7.3 and 2.7.4). 3.8.2 Waste Management Hazardous and Universal Wastes–To meet the requirements of the RCRA (Section 2.7.4), all hazardous and universal wastes are accumulated, packaged, transported, and disposed of offsite in accordance with federal and state requirements (Section 2.7.4). These wastes were generated from sources such as laboratory studies, routine cleaning and maintenance, construction, and excess supplies from discontinued equipment. There were two offsite shipments of these wastes during 2003. Nonhazardous Waste–During 2003, refuse, industrial, salvageable, and other non-hazardous waste were recycled, reused, or disposed of (Table 5) in accordance with federal and state requirements (Section 2.7.4). As part of the YMP pollution-prevention program (Section 3.8.3), efforts were made to recycle rather than dispose of waste whenever possible. Table 5. Types and Amounts of Wastes Recycled, Reused, or Disposed of in 2003 Material Method Amounta Debris (hydrocarbon-contaminated) Disposed 24 metric tons Industrial solid waste Disposed 11.4 metric tons Refuse (Las Vegas) Disposed 663 metric tons Refuse (Site) Disposed 10 tons Tires (non-recyclable) Disposed 0 Aluminum cans Recycled 0.75 metric tons Antifreeze Recycled 228 gal Cardboard Recycled 2 metric tons Copy machine and printer toner cartridges Recycled 1.56 metric tons Table 5. Types and Amounts of Wastes Recycled, Reused, or Disposed of in 2003 (Continued) Material Method Amounta Ferrous and non-ferrous metals (does not include aluminum cans) Recycled 1789 metric tons Lead-acid batteries Recycled 5.3 metric tons Paper Recycled 336 metric tons Soil (hydrocarbon-contaminated) Recycled 24 yd3 Tires (truck and heavy-equipment) Recycled 100 to 125 tires Used oil from equipment maintenance Recycled 2900 gal Used oil from oil/water separator Recycled 25 gal Used oil total Recycled 2925 gal Used computersb Recycled 14 metric tons Water (oil/water separator) Recycled 92,000 gal Water (mine waste water) Recycled 16,440 gal Used computersb Reused 969 items/2 metric tons Used notebooksc Not applicable Not applicable aValues are presented in the unit of measure reported to regulatory agencies. bRepresents fiscal year values. cUsed notebook binders are no longer tracked because archival-quality binders were used. The archival quality allows the binders to be reused multiple times, unlike the less costly non-archival-quality binders. 3.8.3 Pollution Prevention The YMP’s pollution prevention program is described in the Waste Minimization and Pollution Prevention Awareness Plan (YMP 2001c). The plan establishes a pollution prevention committee, reporting and record-keeping requirements, and requirements for pollution-prevention opportunity assessments. Pollution Prevention Committee–Three meetings of the Pollution Prevention Committee were held during 2003. Representatives from organizations and departments across the YMP attended the meetings. Topics discussed included the implementation of pollution prevention measures, including sustainable design, affirmative purchasing, energy efficiency, water conservation, waste management, purchase approval and tracking of hazardous materials and wastes, and waste minimization. These meetings provided an opportunity to talk about attainable action items from established pollution-prevention goals. Committee members bring topics and issues back to their departments for further input, action, and to increase employee awareness. Reporting and Record-Keeping Requirements–Executive Order 13101 (63 FR 49643 [Section 2.1.5]) requires that each federal agency purchase, to the greatest extent practicable, EPA-designated products containing recycled materials (40 CFR Part 247). YMP has an affirmative procurement program that supports the federal goal to purchase 100 percent of such items by 2005, except when the items are not readily available, not competitively priced, or do not meet performance specifications. During fiscal year 2003, the YMP affirmative procurement program attained about 97 percent compliance with this goal. An affirmative procurement report summarizing this information was prepared as required by Executive Order 13101 (Sullivan 2003). Executive Order 13148 (65 FR 24595 [Section 2.1.4]) requires an annual fiscal-year progress report on pollution prevention. YMP has a strong recycling program that includes office items, automotive fluids, industrial wastewater, and construction debris. Data on recycling are tracked and reported monthly and quarterly. These data are then compiled and submitted each fiscal year through the DOE Pollution Prevention Website. The annual “DOE O 450.1 Evaluation Status Report” (Sorensen 2003) describes how the YMP’s environmental management program implements the objectives of DOE Order 450.1. The report addresses the requirements of DOE Order 450.1 and describes the DOE Awards Program. Pollution Prevention Opportunity Assessments–The Pollution Prevention Opportunity Assessments are conducted annually on existing processes in accordance with AP-EM-009, Pollution Prevention Assessments and Sustainable Design. The purpose of a Pollution Prevention Opportunity Assessments is to identify opportunities to eliminate or minimize the release of hazardous and non-hazardous wastes and to conserve natural resources. Opportunities for implementation are evaluated using a life-cycle assessment approach. Two Pollution Prevention Opportunity Assessments were conducted in 2003 to evaluate methods of reducing waste streams from aerosol cans and from propane cylinders (McCann 2004). The use of puncturing units for each waste stream was determined to be a reasonable option because of the increased opportunity for recycling and long-term cost savings. Employee Awareness Initiatives–In addition to the efforts of the Pollution Prevention Committee, numerous initiatives were undertaken in 2003 to raise employee awareness and increase participation in pollution prevention efforts. • A pollution prevention website was improved and updated. • Pollution prevention articles were published on BSC and ORD websites and posted in community areas throughout the YMP. • Key members of the Pollution Prevention Committee attended staff meetings to discuss pollution prevention initiatives and their implementation. • An interactive pollution-prevention booth was developed for BSC’s Voluntary Protection Program that highlighted BSC’s successful programs. • An employee award program recognized both small and large efforts in pollution prevention. Three pollution prevention teams were nominated for the President’s Closing-the-Circle Awards for their dedication to environmental excellence. Two of the teams were chosen as best-in-class within the DOE for making significant improvements in waste reduction and pollution prevention on the YMP, as well as saving taxpayer dollars. Continuous improvement was made in 2003 to reduce and reuse paper on the YMP. New printers were installed project-wide that substantially reduced paper consumption through double-sided printing. These printers are also more energy efficient than the old printers. Affirmative Procurement Program–The Affirmative Procurement Program incorporates compliance evaluation, data tracking, and reporting. Requisitions for goods and services are reviewed for compliance with EPA’s Energy Star program, EPA’s Consumer Products Guidelines (40 CFR Part 247), other procurement guidelines that stress environmentally-preferable products and services, and hazardous-materials purchasing requirements. Sustainable Design–Sustainable design is a set of principles to ensure that the design, construction, operation, and decommissioning of facilities are safe, energy efficient, and environmentally responsible. DOE Order 413.3 requires that sustainable-design principals be applied to new facilities. DOE Order 430.2A identifies the reporting requirements of sustainable design. The formal sustainable-design process is described in AP-EM-009. Sustainable Design elements are incorporated into the repository-design process through LP-3.30Q-BSC, Hazards Analysis System. Secretarial Pollution Prevention and Energy Efficiency Goals–The YMP’s Pollution Prevention Program supports the 1999 Secretarial Pollution Prevention and Energy Efficiency Leadership Goals (Richardson 1999). The YMP initiated or continued numerous activities in 2003 to reduce pollution, recycle, increase energy efficiency, and phase out ozone-depleting substances. Procurement of EPA-designated recycled-content items increased to 97 percent in fiscal year 2003 (Sullivan 2003), up from 90 percent in fiscal year 2002. Also, energy-saving upgrades were incorporated into the lease renegotiations for the Summerlin BSC facilities in Las Vegas, Nevada. The use of Class I ozone-depleting substances are expected to be eliminated by 2010. New equipment uses safer alternatives. There are no chillers greater than 150 tons of cooling capacity on the YMP. Reductions in greenhouse gas emissions have not been evaluated. Fuel-efficient vehicles and alternative-fuel vehicles are available for use on the YMP. Many sedans can be refueled with compressed natural gas or gasoline. The hazardous-materials approval process (Section 3.8.1) is followed to reduce the use and generation of hazardous and toxic substances. The YMP did not manufacture, process, or otherwise use any chemical regulated under Section 313 of EPCRA in excess of threshold quantities during 2003. From 2002 to 2003, there was an increase of 1,763 pounds of hazardous waste generated by the Project. The primary reason for this increase was the closure of a research facility at Yucca Mountain that contained expired laboratory chemicals that required proper disposal (the U.S. Geological Survey’s Hydrologic Research Facility). The total quantity of hazardous waste collected during 2003 was 1,964 pounds. Universal waste (mostly fluorescent lamps and nickel-cadmium batteries) totaling 2,609 pounds was also collected. 1,291 pounds of hazardous waste and 1,727 pounds of universal waste were shipped to a permitted Treatment, Storage, and Disposal facility in 2003. As part of the Project’s pollution prevention program, numerous materials were recycled or reused. 3.9 ENVIRONMENTAL, SAFETY, AND HEALTH ASSESSMENTS The ES&H assessment program is conducted to fulfill DOE Policy 450.5 (Section 2.8), requirements outlined in the Environmental Management Plan (YMP 2000a), and the Project Requirements Document (BSC 2003b). The assessments provide programmatic oversight of YMP activities to ensure full compliance with regulations and excellence in the ES&H and ISMS programs. This is accomplished through independent evaluations of YMP ES&H activities and programs for compliance with applicable federal and state laws; DOE policy; permit stipulations; and YMP plans, policies, and procedures. The assessment process, which includes verification, validation, and closure of corrective actions, enhances the effectiveness and implementation of ES&H roles and responsibilities among YMP organizations. Assessment topics are selected based on requirements for periodic program reviews, the potential for noncompliance conditions, management requests, or the need to evaluate newly implemented or changed programs. Assessments are conducted through document reviews, observation of work practices, and interviews to evaluate compliance with the governing regulatory and procedural requirements. Assessment results, including noncompliance, opportunity-for-improvement findings, and the responsible manager’s corrective action plan are documented in an assessment report. Findings and corrective actions were entered into the Condition/Issue Identification and Reporting/Resolution System for tracking (this tracking system was changed to the “Corrective Action Program” on September 29, 2003). Assessment items are closed when completed corrective actions have been verified by the lead assessor and validated by the ES&H assessment manager for opportunity-for-improvement findings, or by the ORD Office of Facility Operations for noncompliance findings. During 2003, seven assessments were conducted to evaluate compliance with ES&H requirements. These assessments covered waste prevention/recycling initiatives, hazardous waste shipments, confined space entry, powered industrial-equipment use, emergency program management, radiation-protection program requirements, and Integrated Safety Management implementation (Table 6). 3.10 ENVIRONMENTAL SURVEILLANCE PROGRAM Environmental surveillances are conducted to confirm that activities are planned, managed, and implemented in a manner that protects environmental quality, minimizes threats to the environment, and complies with programmatic requirements and permit stipulations. Surveillances may investigate, among other things, procedural requirements (e.g., DOE directives, YMP plans and procedures), permit conditions, land access stipulations, and environmental regulations. Most surveillances are planned in advance; however, surveillance reports and associated corrective actions also are written whenever an environmental compliance issue is noted or reported. Table 6. Calendar Year 2003 Assessment Results Assessment Results Greening of the Government (03-03) This assessment examined BSC implementation of the applicable requirements of Executive Order 13101, Greening the Government Through Waste Prevention, Recycling, and Federal Acquisition (63 FR 49643). Opportunities for improvement were identified with regard to the purchase of retread tires for use on BSC-owned vehicles, pollution prevention/energy efficiency goals and objectives, and coordination between BSC environmental compliance and design functions regarding specific pollution-prevention design-assessment roles and responsibilities Waste Shipment Review (03-04) Processes and documentation relating to YMP hazardous waste shipments to an off-site waste contractor were reviewed to verify compliance of this shipment with regulatory and contractual requirements. All processes associated with the shipments were found to be satisfactory and in compliance with hazardous/universal waste-transportation requirements Confined Space Program (03-06) The BSC confined-space program was evaluated for compliance with 29 CFR 1910.146 on permit-required confined spaces, program roles and responsibilities, entry and rescue requirements, and related training. As a result of this assessment, opportunities for improvement and procedural gaps were identified in the areas of self-assessment, rescue services, confined space classifications, inventories, postings, and delineation of roles/responsibilities ISMS Annual Review (03-07) This annual review of ISMS implementation identified noteworthy practices with regard to BSC’s achievement of the Voluntary Protection Program Star Status, Site Project Controls planning efforts, Risk Management processes, and craft initiatives for identifying and resolving potential site-safety issues. Opportunities for improvement generally reflected a need to better define roles/responsibilities and reflect current work practices in Project procedures Powered Industrial Equipment (03-08) This assessment determined if powered industrial equipment used for site activities and warehouse operations is being operated and maintained in accordance with applicable regulatory safety requirements for this equipment. Overall, it concluded that procedural requirements regarding equipment operations, qualification, and training were established and fully implemented in meeting federal program requirements Emergency Management Program (03-10) BSC’s emergency preparedness and response program was evaluated for compliance with contractor requirements in DOE Order 151.1A, Comprehensive Emergency Management System, and the DOE Emergency Management Plan. This assessment resulted in improved definition and understanding of program roles and responsibilities and improved practices for updating and notifying personnel of changes to the incident-notification and emergency-activation matrix Quality Assurance Program Applicability to the Radiation Protection Program (04-12) This was a DOE-requested special assessment to confirm compliance of Radiation Protection Program procedures with applicable requirements of the Quality Assurance Requirements Document Addendum 1, “Integrated Safety Management Quality Assurance Program” (DOE 2003). This review concluded that appropriate linkages exist between Radiation Protection Program procedures and applicable Integrated Safety Management Quality Assurance Program requirements through Project documents that are routinely implemented by the Radiation Program staff in support of those requirements One hundred and seventy-eight (178) environmental surveillance reports were completed in 2003. Noteworthy practices, or surveillances where no action was required, constituted 95 percent of the surveillances (169). This compares to 96 percent in 2002 (of a total of 352 surveillances) and 94 percent in 2001 (of a total of 533 surveillances). Of the nine surveillances for which corrective actions were required in 2003, four were implemented for spills and waste management issues and five were implemented for noncompliance with procedures and plans. There were no permit violations or reportable spills in 2003. Trends in corrective actions for permit compliance, spills and waste management, and procedural deficiencies are tracked as measures of environmental performance of the YMP. There was a one percent increase in the number of findings requiring corrective action in 2003 compared to 2002, and a one percent decrease compared to 2001. The relatively small number of surveillance reports requiring action during the past few years (see preceding paragraph) indicates that changes in the work planning and implementation process in recent years have been successful. Closer attention to compliance with procedures and work instructions, and greater worker involvement in the planning and conduct of the work, has helped reduce the need for corrective actions. 3.11 TRAINING Worker training on environmental compliance, pollution prevention, and all other aspects of ISMS is an important part of the YMP environmental program. All Project personnel working at Yucca Mountain are instructed on the environmental and safety requirements that must be followed for field activities. Additional job-specific training is offered commensurate with job responsibilities. All new employees must take General Employee Training. This six-hour course covers, among other things, Project environmental protection requirements, hazard communication, pollution prevention, and safety and health requirements. A computer-based annual refresher of these topics also is required of all employees. All new employees who work unescorted at Yucca Mountain must take Site Access Training. This three-hour class describes the employees’ responsibilities for land access, protecting biological and cultural resources, hazardous and non-hazardous waste-management, and environmental permit compliance. Computer-based, annual refresher training is also required. Environmental Compliance Awareness for Managers and Supervisors is required for all managers and supervisors. This computer-based training informs managers and supervisors of their responsibilities for maintaining environmental compliance and protecting the environment, and the consequences of not taking environmental concerns seriously. Managers are instructed to minimize environmental impacts; comply with environmental regulations; and mitigate impacts through prevention, corrective action, reclamation, and other measures. Employees whose work involves the transportation of hazardous materials are required to attend a three-day training class on the basics of hazardous materials transportation and to attend additional job-specific classes. Personnel also are required to attend a three-day advanced class if their work involves the certification of shipping papers for hazardous waste or radioactive materials. A class in Leak Detection and Mitigation is required for employees whose work involves control and reporting of hazardous material spills. This two-hour class covers oil and hazardous materials in work areas; spill and release scenarios; spill response stations, equipment and materials; and procedures for spill and release response, including health, safety containment, cleanup, notification, and reporting requirements. INTENTIONALLY LEFT BLANK 4. QUALITY ASSURANCE The quality of environmental data and results presented in this report were ensured through quality assurance practices. Appropriate industry standards and accepted laboratory and field monitoring practices were used to establish quality assurance practices. These practices are compliant with permit requirements applicable to collection and analysis of environmental data. The quality assurance practices were applied to the appropriate aspects of monitoring, sampling, analysis, data reduction, and reporting operations to produce data of known quality. Some aspects of the environmental program described in this report (radiological monitoring program support; meteorological monitoring and data analysis; tracers, fluids, and material reporting for reclamation [BSC 2001a, 2001b, and 2001c]) also were subject to the requirements of the Quality Assurance Requirements and Description (DOE 2003). The quality assurance practices were implemented through the systematic application of quality assurance policies, standardized procedures, and independent assessments. Quality assurance controls included the following: • Personnel training was conducted and documented before work was initiated. • Work instructions and procedures were developed and reviewed before they were approved for use. • A verbatim compliance policy for work performance, in accordance with approved procedures, was mandated for all work. • Standards traceable to the National Institute of Standards and Technology were used to calibrate and check measuring and test equipment. • Equipment used for monitoring, sampling, analysis, and counting was regularly calibrated at prescribed intervals. • Operational status and accuracy of equipment were independently and routinely checked by trained personnel. • Discrepancies and nonconforming conditions were documented and evaluated in accordance with a structured and approved corrective action process. • Technical data were reviewed before data reduction and analysis and reporting. • Computer software used for data reduction and analysis were evaluated and controlled. • Monitoring, sampling, analysis, and subsequent data reduction were periodically evaluated to verify effective implementation. • Compliance with quality assurance procedures for meteorological monitoring was verified by independent assessments. 4.1 SAMPLE CONTROL All environmental samples were controlled in accordance with approved work instructions and procedures. These controlled procedures specified approved methods and processes for sample collection, sample handling, chain-of-custody control, and analysis and data reporting. Technicians were trained to ensure that samples were properly labeled, stored, and protected against loss or contamination. Samples were uniquely identified by markings on either the sample or its packaging. Sample transactions were documented on either a Chain-of-Custody form for external transfers or a Sample Transfer form if transferred internally. Transfer recipients were required to verify that proper conditions and identification of samples were provided and maintained before accepting custody of the samples. 4.2 SAMPLE ANALYSIS Analyses of samples were conducted in accordance with approved protocols, based on standard and approved methods. Personnel performing analyses and measurements were specifically trained for these work assignments before initiating work. As prescribed by a scope of work, analysis programs selectively used sample blanks, spikes, and replicates to better determine accuracy and precision of methods and to eliminate bias. Subcontractors who measured or analyzed samples were required to establish an equivalent quality assurance control system. Results of measurements and analyses were reviewed and approved by qualified personnel. 4.3 INSTRUMENT CONTROL Instruments used to measure, monitor, test, or sample environmental conditions were procured, calibrated, controlled, and maintained in accordance with approved procedures. Equipment and calibration standards used to ensure instrumentation accuracy were traceable to the National Institute of Standards and Technology. Frequency of equipment calibration and maintenance were prescribed in approved procedures, based on manufacturers’ recommendations. Performance of all calibrated equipment was periodically checked to verify its adherence to operational specifications. Calibrated equipment was routinely checked by field technicians, and adjustments were made to optimize its performance. Out-of-tolerance conditions were documented, and resolution was determined by recalibration, rework, or replacement. Data affected by out-of-tolerance conditions were reported and identified as “indeterminate” until resolution of the condition had been evaluated to determine if the data could be validated. 4.4 DATA MANAGEMENT To preserve data integrity, monitoring and sampling data were recorded and handled in accordance with approved procedures. The efficiency of data reduction software was verified through formal acceptance tests before use. During data reduction and compilation, data were validated to identify inconsistencies and anomalies. Data validation was performed by comparing the data to expected or predetermined ranges and past results. Decisions to include or eliminate suspect or unverifiable data were determined during technical reviews by qualified personnel. 5. REFERENCES 5.1 DOCUMENTS CITED Anderson, W. 2003. Integrated Safety Management Description Document. PGM-CRW-AD-000001 REV 3. Las Vegas, Nevada: Bechtel SAIC Company. ACC: DOC.20040316.0003. BLM (Bureau of Land Management) 1988. Right-Of-Way Reservation. N-47748. Reno, Nevada: Bureau of Land Management. ACC: NNA.19880113.0002. BLM 1989. Right-of-Way Reservation for Mount Diablo Meridian, Nevada. N-48602. Las Vegas, Nevada: Bureau of Land Management. ACC: NNA.19930824.0091. BLM 1994. Right-of-Way Reservation Renewed. N-48602. Las Vegas, Nevada: Bureau of Land Management. ACC: MOL.19981123.0235. Brandmueller, K. 1994. “Stormwater General Discharge Permit No. GNV0022241 - 30054 Yucca Mountain/TFF.” Letter from K. Brandmueller (State of Nevada) to W.R. Dixon (DOE/YMSCO), November 3, 1994. ACC: MOL.19950815.0159. BSC 2001a. Meteorological Monitoring and Data Analysis. Activity Evaluation, November 26, 2001. Las Vegas, Nevada: Bechtel SAIC Company. ACC: MOL.20020209.0052. BSC 2001b. Environmental Regulatory Compliance. Activity Evaluation, November 26, 2001. Las Vegas, Nevada: Bechtel SAIC Company. ACC: MOL.20020209.0001. BSC 2001c. Biological Resources – Tracers, Fluids & Material Reporting. Activity Evaluation, October 30, 2001. Las Vegas, Nevada: Bechtel SAIC Company. ACC: MOL.20020209.0006. BSC 2003a. Yucca Mountain Project Summary of Socioeconomic Data Analyses Conducted in Support of the Radiological Monitoring Program, During FY 2003. TDR-MGR-EV-000040, REV 00. Las Vegas, Nevada: Bechtel SAIC Company, LLC. ACC: MOL.20031203.0003. BSC 2003b. Project Requirements Document. TER-MGR-MD-000001 REV 01. Las Vegas, Nevada: Bechtel SAIC Company. ACC: DOC.20030404.0003. Buchanan, C.C. 1997. “Final Biological Opinion for Reinitiation of Formal Consultation for Yucca Mountain Site Characterization Studies.” Letter from C.C. Buchanan (Department of the Interior) to W. Dixon (DOE/YMSCO), July 23, 1997. File No. 1-5-96-F-307R. ACC: MOL.19980302.0368. CRWMS M&O (Civilian Radioactive Waste Management System Management and Operating Contractor) 1997. Abundance and Species Composition of Rodent Populations at Yucca Mountain, Nevada. B00000000-01717-5705-00034 REV 00. Las Vegas, Nevada: CRWMS M&O. ACC: MOL.19980123.0642. CRWMS M&O 1998a. Classification and Map of Vegetation at Yucca and Little Skull Mountains, Nevada. B00000000-01717-5705-00083 REV 00. Las Vegas, Nevada: CRWMS M&O. ACC: MOL.19990615.0237. CRWMS M&O 1998b. Bats of Yucca Mountain, Nevada. B00000000-01717-5705-00050 REV 02. Las Vegas, Nevada: CRWMS M&O. ACC: MOL.19981014.0308. CRWMS M&O 1998c. Species Composition and Abundance of Reptile Populations in Selected Habitats at Yucca Mountain, Nevada, with Annotated Checklist. B00000000-01717-5705-00038 REV 00. Las Vegas, Nevada: CRWMS M&O. ACC: MOL.19981014.0305. CRWMS M&O 1998d. The Birds of Yucca Mountain, Nevada, and Vicinity. B00000000-01717-5705-00092 REV 00. Las Vegas, Nevada: CRWMS M&O. ACC: MOL.19981014.0303. CRWMS M&O 1999a. Environmental Baseline File for Meteorology and Air Quality. B00000000-01717-5705-00126 REV 00. Las Vegas, Nevada: CRWMS M&O. ACC: MOL.19990302.0186. CRWMS M&O 1999b. Environmental Baseline File for Biological Resources. B00000000-01717-5700-00009 REV 00. Las Vegas, Nevada: CRWMS M&O. ACC: MOL.19990302.0181; MOL.19990330.0560. CRWMS M&O 2000. Yucca Mountain Site Description. TDR-CRW-GS-000001 REV 01 ICN 01. Las Vegas, Nevada: CRWMS M&O. ACC: MOL.20001003.0111. D’Agnese, F.A.; Faunt, C.C.; Turner, A.K.; and Hill, M.C. 1997. Hydrogeologic Evaluation and Numerical Simulation of the Death Valley Regional Ground-Water Flow System, Nevada and California. Water-Resources Investigations Report 96-4300. Denver, Colorado: U.S. Geological Survey. ACC: MOL.19980306.0253. DOE (U.S. Department of Energy) 1986. Environmental Assessment Yucca Mountain Site, Nevada Research and Development Area, Nevada. DOE/RW-0073. Three volumes. Washington, D.C.: U.S. Department of Energy, Office of Civilian Radioactive Waste Management. ACC: HQZ.19870302.0332. DOE 1988. Programmatic Agreement Between the United States Department of Energy and the Advisory Council on Historic Preservation for the Nuclear Waste Deep Geologic Repository Program Yucca Mountain, Nevada. Washington, D.C.: U.S. Department of Energy. ACC: HQX.19890426.0057. DOE 1990. Research Design and Data Recovery Plan for Yucca Mountain Project. Las Vegas, Nevada: U.S. Department of Energy, Office of Civilian Radioactive Waste Management. ACC: NNA.19910107.0105. DOE 1999. Draft Environmental Impact Statement for a Geologic Repository for the Disposal of Spent Nuclear Fuel and High-Level Radioactive Waste at Yucca Mountain, Nye County, Nevada. DOE/EIS-0250D. Summary, Volumes I and II. Washington, D.C.: U.S. Department of Energy, Office of Civilian Radioactive Waste Management. ACC: MOL.19990816.0240. DOE 2000. American Indian and Alaska Native Tribal Government Policy. Washington, D.C.: U.S. Department of Energy, Office of Congressional & Intergovernmental Affairs. TIC: 249785. DOE 2001. Supplement to the Draft Environmental Impact Statement for a Geologic Repository for the Disposal of Spent Nuclear Fuel and High-Level Radioactive Waste at Yucca Mountain, Nye County, Nevada. DOE/EIS-250D-S. Washington, D.C.: U.S. Department of Energy, Office of Civilian Radioactive Waste Management. ACC: MOL.20010524.0184. DOE 2002. Final Environmental Impact Statement for a Geologic Repository for the Disposal of Spent Nuclear Fuel and High-Level Radioactive Waste at Yucca Mountain, Nye County, Nevada. DOE/EIS-0250. Washington, D.C.: U.S. Department of Energy, Office of Civilian Radioactive Waste Management. ACC: MOL.20020207.0344 through MOL.20020207.0349. DOE 2003. Quality Assurance Requirements and Description. DOE/RW-0333P, Rev. 13. Washington, D.C.: U.S. Department of Energy, Office of Civilian Radioactive Waste Management. ACC: DOC.20030422.0003. Drais, G.L. 2000. “Free Use Application and Permit.” Letter from G.L. Drais (BLM) to S.A. Wade (DOE/YMSCO), February 18, 2000, 3621 (NV043) N-63370, with enclosures. ACC: MOL.20010110.0387. Elges, M. 2001. “Renewal, Air Quality Operating Permit, AP 9199-0573.01, Yucca Mountain Site Characterization Project.” Letter from M. Elges (State of Nevada) to R. Dyer (YMSCO), July 23, 2001, with enclosures. ACC: MOL.20011011.0235. Fenelon, J. M. and Moreo, M.T., 2002. Trend Analysis of Ground-Water Levels and Spring Discharge in the Yucca Mountain Region, Nevada and California, 1960-2000. Water-Resources Investigations Report 02-4178. Carson City, Nevada: U.S. Geological Survey. ACC: MOL.20030812.0306. Green, R.A. 2004. “2003 Scientific Collection Permit Report.” Letter from R.A. Green (BSC) to the Nevada Department of Wildlife, January 22, 2004, with enclosure. ACC: MOL.20040330.0364. Hansen, D.J.; Greger, P.D.; Wills, C.A.; and Ostler, W.K. 1997. Nevada Test Site Wetlands Assessment. DOE/NV/11718-124. Las Vegas, Nevada: U.S. Department of Energy. ACC: MOL.20010803.0372. ISO (International Organization for Standardization) 14001 1996. Environmental Management Systems—Specification with Guidance for Use. Geneva, Switzerland: International Organization for Standardization, 14001. TIC: 235528. Johnson, J. 1995. Air Quality Operating Permit. Permit No. AP9611-0573. Carson City, Nevada: State of Nevada, Department of Conservation and Natural Resources. ACC: MOL.19951206.0471. Land, R. 1998. “Permit UNEV89031.” Letter from R. Land (State of Nevada DCNR) to W. Dixon (DOE/YMSCO), May 1, 1998, with enclosure. ACC: MOL.19980710.0725; MOL.19980710.0726. Lawson, C. M. 2002. Stormwater General Permit NVR 100000, State of Nevada, Division of Environmental Protection Bureau of Water Pollution Control, September 16, 2002. ACC: DOC.20030328.0001. Locke, G.L. 2001. Selected Ground-Water Data for Yucca Mountain Region, Southern Nevada and Eastern California, Through December 1999. Open File Report 00-479. Carson City, Nevada: U.S. Geological Survey. ACC: MOL.20010504.0206. McCann, E.W. 2004. “Contract No. DE-AC28-01RW12101 – 2003 Pollution Prevention Opportunity Assessments (PPOA).” Letter from E.W. McCann (BSC) to L. Bishop (DOE/ORD), February 2, 2004, CDS:DFM:klp-0202040307, with enclosures “Propane Cylinder Recycling System PPOA” and “Aerosol Can Puncturing Unit PPOA.” ACC: MOL.20040408.0137. McNatt, R.M. 1990. “Consultation and Biological Opinion on the potential for adverse impacts on the desert tortoise from site characterization activities.” Letter from R.M. McNatt (Department of the Interior) to C. Gertz (DOE/YMPO), February 9, 1990. File No. 1-5-90-F-6. ACC: MOL.19980330.0685. Milner, R.A. 2004. “Annual National Environmental Policy Act (NEPA) Planning Summary for Fiscal Year (FY) 2003 for the Office of Civilian Radioactive Waste Management.” Memorandum from R.A. Milner (DOE/OCRWM) to B.A. Cook (DOE/EH-1), with enclosure. ACC: MOL.HQO.20030224.0001 Nevada Division of Wildlife 2002. Scientific Collection Permit. Permit No. S 21678. Reno, Nevada: Nevada Division of Wildlife. ACC: MOL.20020609.0095. Nevada State Division of Health 2003. Public Water System. Permit No. NY-0867-12NTNC. Carson City, Nevada: Nevada State Division of Health. ACC: MOL.20040708.0243. Regan, Kristina 2003. “Administrative Amendment of Air Quality Operating Permit AP9199-0573.01.” Letter from Kristina Regan (State of Nevada) to S.A. Wade (DOE/ORD), December 12, 2003, with enclosures. ACC: MOL.20040205.0311. Ricci, Hugh 2003. Ruling #5307: “Re: Application 63263, 63264, 63265, 63266 and 63267.” State of Nevada, Office of the State Engineer. Letter from H. Ricci (Nevada Division of Water Resources) to S.A. Wade (DOE/ORD), November 7, 2003 with enclosure. ACC: MOL.20040708.0245. Richardson, B. 1999. “Pollution Prevention and Energy Efficiency Leadership Goals for Fiscal Year 2000 and Beyond.” Memorandum from B. Richardson (DOE), November 12, 1999, with attachment. ACC: MOL.20020416.0102. Saunders, R.J. 1995. “Septic Tank General Discharge Permit No. GNEV9201-40037 Yucca Mountain Project North Portal Septic System.” Letter from R.J. Saunders (State of Nevada) to W.R. Dixon (DOE/YMP), July 12, 1995, with enclosure. ACC: MOL.19951214.0083; MOL.19951214.0084. Sorensen, C.D. 2003. “Contract No. DE-AC28-01RW12101 – U.S. Department of Energy (DOE ) Order (O) 450.1 Evaluation Status Report.” Letter from C.D. Sorensen (BSC) to S.A. Wade (DOE/ORD), March 28, 2003, with enclosure, “DOE O 450.1 Status Report.” ACC: MOL.20030926.0041. Stoffle, R.W.; Halmo, D.B.; Olmsted, J.E.; and Evans, M.J. 1990. Native American Cultural Resource Studies at Yucca Mountain, Nevada. Ann Arbor, Michigan: Institute for Social Research, University of Michigan. ACC: MOL.20010724.0306. Sullivan, M.T. 2003. “Contract No. DE-AC08-01RW12101 – Annual Executive Order (EO) -13101 Report to U.S. Department of Energy (DOE) Headquarters (HQ).” Letter from M.T. Sullivan (BSC) to S.A. Wade (DOE/ORD), December 11, 2003, with enclosure, “Input Data – EPA Designated Items to Report .” ACC: MOL.20040130.0101. Turnipseed, R.M. 1992a. Application for Permit to Appropriate the Public Waters of the State of Nevada. Permit No. 57373. [Carson City], Nevada: State of Nevada, Office of the State Engineer. ACC: MOL.20010612.0216. Turnipseed, R.M. 1992b. Application for Permit to Appropriate the Public Waters of the State of Nevada. Permit No. 57374. [Carson City], Nevada: State of Nevada, Office of the State Engineer. ACC: MOL.20010612.0218. Turnipseed, R.M. 1992c. Application for Permission to Change Point of Diversion, Manner of Use and Place of Use of the Public Waters of the State of Nevada Heretofore Appropriated. Permit No. 57376. [Carson City], Nevada: State of Nevada, Office of the State Engineer. ACC: MOL.20010612.0219. Turnipseed, R.M. 1992d. Application for Permission to Change Point of Diversion, Manner of Use and Place of Use of the Public Waters of the State of Nevada Heretofore Appropriated. Permit No. 57375. Letter from R.M. Turnipseed (State of Nevada) to U.S. Department of Energy (NVOO), October 23, 1992, with enclosures. ACC: MOL.20010612.0224. Turnipseed, R.M. 2000. Ruling #4848: In the Matter of Applications 63263, 63264, 63265, 63266 and 63267 Filed to Appropriate the Public Waters from an Underground Source Within the Fortymile Canyon - Jackass Flat Groundwater Basin (227A), Nye County, Nevada. Carson City, Nevada: State of Nevada, Office of the State Engineer. TIC: 246948. U.S. Census Bureau 2001a. “Census Bureau Delivers Nevada's Census 2000 Population Totals for Legislative Redistricting; First Race and Hispanic Data.” Washington, D.C.: U.S. Department of Commerce News. Accessed March 19, 2001. TIC: 249816. http://www.census.gov/Press-Release/www/2001/cb01cn34.html U.S. Census Bureau 2001b. “Race, Hispanic, or Latino, and Age: 2000, Geographic Area: Inyo County, California.” Washington, D.C.: Bureau of the Census. Accessed April 11, 2001. TIC: 249700. http://factfinder.census.gov/bf/_lang=en_vt_name=DEC_2000_PL_U_ QTPL_geo_id=05000US06027.html U.S. Census Bureau 2004a. “Table 1: Annual Estimates of the Population for Counties of Nevada: April 1, 2000 to July 1, 2003 (CO-EST2003-01-32).” Washington, D.C.: Population Division, U.S. Census Bureau. Release Date: April 9, 2004. ACC: MOL20040629.0230. U.S. Census Bureau 2004b. “Table 1: Annual Estimates of the Population for Counties of California: /April 1, 2000 to July 1, 2003 (CO-EST2003-01-06).” Washington, D.C.: Population Division, U.S. Census Bureau. Release Date: April 17, 2004. ACC: MOL2004.06290230. Wade, S.A. 2000. “Underground Injection Control (UIC) Permit UNEV89031 Renewal Application.” Letter from S.A. Wade (DOE/YMSCO) to R. Land (State of Nevada), July 18, 2000, OPE:SAW-1655, with enclosure. ACC: MOL.20000822.0118. Wade, S. A. 2002. U.S. Department of Energy (DOE) Proof of Application of Beneficial Use for Well VH-1 (Permit Number 57375) (C). Letter from S.A. Wade (DOE/YMSCO) to H. Ricci (State of Nevada), April 5, 2002, OPE:SAW-0932. ACC: MOL.20020717.0006 Wade, S.A. 2003a. “Annual Report - Free Use Permit N-56844 for Borrow Pit #1 (Fran Ridge).” Letter from S.A. Wade (DOE/YMSCO) to D. Netcher (BLM), November 27, 2002, OFO:MJC-0342. ACC: MOL.20030320.0005. Wade, S.A. 2003b. “Company Number 1403: 2003 State Fire Marshal Nevada Combined Agency Hazmat Facility Report.” Letter from S.A. Wade (DOE/ORD) to V.A. Capucci (State of Nevada), February 27, 2003, OFO:MLB-0763, with enclosure. ACC: MOL.20020305.0502. Wade, S.A. 2003c. “Ground-Water Monitoring Data Report for the Period January – March 2003 for Yucca Mountain, Amargosa Desert, and Furnace Creek Areas.” Letter from S.A. Wade (DOE/ORD) to H. Ricci (Nevada Division of Water Resources), May 12, 2003, OFO:SAW-1171, with enclosure. MOL.20030623.0375. Wade, S.A. 2003d. “Ground-Water Monitoring Data Report for the Period April – June 2003 for Yucca Mountain, Amargosa Desert, and Furnace Creek Areas.” Letter from S.A. Wade (DOE/ORD) to H. Ricci (Nevada Division of Water Resources), August 8, 2003, OFO:SAW-1689, with enclosure. ACC: MOL.20030915.0335. Wade, S.A. 2003e. “Ground-Water Monitoring Data Report for the Period July to September 2003 for Yucca Mountain, Amargosa Desert, and Furnace Creek Areas.” Letter from S.A. Wade (DOE/ORD) to H. Ricci (Nevada Division of Water Resources), November 13, 2003, OFO:SAW-0224, with enclosure. ACC: MOL.20040408.0216. Wade, S.A. 2004a. “2003 Annual Report of Compliance Activities Conducted Under the Biological Opinion for the Yucca Mountain Project (File No. 1-5-96-F-30-307R and 1-5-00-F-518).” Letter from S.A. Wade (DOE/YMSCO) to C. Martinez, (U.S. Department of the Interior/Fish and Wildlife Service), February 3, 2004, OFO:MLB-0626, with enclosure. ACC: MOL.20040331.0147. Wade, S.A. 2004b. “2003 Actual Production/Emissions Reporting Form for Class II Air Quality Operating Permit AP9199-0573.01.” Letter from S.A. Wade (DOE/Office of Repository Development) to M.J. Elges (State of Nevada), February 23, 2004, OFO:MJC-0765 with enclosure. ACC: MOL. 20040322.0436. Wade, S.A. 2004c. “Yucca Mountain Site Characterization Project (YMP) Public Water System Permit NY-0867-12NCNT Annual Update.” Letter from S.A. Wade (DOE/Office of Repository Development) to J.H. Larson (State of Nevada), January 30, 2003, OPE:MJC-0602, with enclosure. ACC: MOL.20030401.0041. Wade, S.A. 2004d. “Underground Injection Control (UIC) Permit UNEV89031 Annual Report for 2003.” Letter from S.A. Wade (DOE/Office of Repository Development) to R. Land (State of Nevada), January 27, 2004, OFO:MJC-0570, with enclosures. ACC: MOL. 20040212.0124. Wade, S.A. 2004e. 2003 Hazardous Waste Report for Yucca Mountain Project - Environmental Protection Agency ID 7890090023. Letter from S.A. Wade (DOE/Office of Repository Development) to Nevada Division of Environmental Protection - Bureau of Waste Management, February 27, 2004, OFO:MLB-0781, with enclosures. ACC: MOL. 20040324.0205. Wade, S.A. 2004f. “Ground-Water Monitoring Data Report for the Period October - December 2003 for Yucca Mountain, Amargosa Desert, and Furnace Creek Areas.” Letter from S.A. Wade (DOE/ORD) to H. Ricci (Nevada Division of Water Resources), February 11, 2004, MFR:OFO:SAW-0713, with enclosure. ACC: MOL.20040412.0015. Wallo, A. 2004. “Guidance for the Preparation of Department of Energy (DOE) Annual Site Environmental Reports (ASERs) for Calendar Year 2003.” Memorandum from A. Wallo (DOE) to Distribution, March 23, 2004, with attachments. ACC: MOL 200404170205.0206. Wells, R. 2001a. “Right-of-Way Reservation Renewed.” Letter from R. Wells (BLM) to Department of Energy, January 5, 2001, N-47748 2800 (NV-056), with attachments. ACC: MOL.20010419.0196. Wells, R. 2001b. “Notice to Proceed, Valid from January 11, 2001 through April 10, 2001.” Letter from R. Wells (BLM) to S. Wade (DOE/YMSCO) and M. Crawford (DOE/YMSCO), January 11, 2001, N-48602 2800 (NV-056), with attachments. ACC: MOL.20010419.0192. Wells, R. 2001c. “Notice to Proceed, Valid from April 10, 2001 through April 9, 2004.” Letter from R. Wells (BLM) to S. Wade (DOE/YMSCO) and M. Crawford (DOE/YMSCO), April 6, 2001, N-48602 2800 (NV-056), with attachments. ACC: MOL.20010419.0194. Wells, W. H. 2002. “Contract Number DE-AC28-01RW12101 - Contract Clause H-32 Environmental Safety and Health Submittal of the Integrated Safety Management Description Document and 2002 Annual ISM Review Report.” Letter from W.H. Wells (BSC) to B.V. Hamilton-Ray (ORD), December 18, 2002, with enclosure. ACC: MOL.20030213.0153. Williams, R.D. 2001. “Final Biological Opinion for the Effects of Construction, Operation and Monitoring, and Closure of a Geologic Repository at Yucca Mountain, Nye County, Nevada.” Letter from R.D. Williams (U.S. Fish and Wildlife Service) to S. Brocoum (DOE/YMSCO), August 28, 2001, File No. 1-5-00-F-518. ACC: MOL.20011011.0219. YMP (Yucca Mountain Site Characterization Project) 1991. Floodplain Assessment of Surface-Based Investigations at the Yucca Mountain Site, Nye County, Nevada. YMP/91-11. Las Vegas, Nevada: Yucca Mountain Site Characterization Office. ACC: MOL.19990607.0238. YMP 1992. Floodplain Assessment of Site Characterization Activities at the Yucca Mountain Site, Nye County, Nevada. YMP/92-30. Las Vegas, Nevada: Yucca Mountain Site Characterization Office. ACC: NNA.19921028.0084. YMP 2000a. Environmental Management Plan. YMP/93-04, Rev. 4. Las Vegas, Nevada: Yucca Mountain Site Characterization Office. ACC: MOL.20000831.0064. YMP 2000b. Site Environmental Report for Calendar Year 1999, Yucca Mountain Site, Nye County, Nevada. Las Vegas, Nevada: Yucca Mountain Site Characterization Office. ACC: MOL.20000620.0171. YMP 2001a. Reclamation Implementation Plan. YMP/91-14, Rev. 2. Las Vegas, Nevada: Yucca Mountain Site Characterization Office. ACC: MOL.20010301.0238. YMP 2001b. Site Environmental Report for Calendar Year 2000, Yucca Mountain Site, Nye County, Nevada. Las Vegas, Nevada: Yucca Mountain Site Characterization Office. ACC: MOL.20010629.0019. YMP 2001c. Waste Minimization and Pollution Prevention Awareness Plan. YMP/95-01, Rev. 2, ICN 1. Las Vegas, Nevada: Yucca Mountain Site Characterization Office. ACC: MOL.20010322.0493. YMP 2002. Site Environmental Report for Calendar Year 2001, Yucca Mountain Site, Nye County, Nevada. Las Vegas, Nevada: Yucca Mountain Site Characterization Office. ACC: MOL.20030505.0170. YMP 2003. Site Environmental Report for the Yucca Mountain Project Calendar Year 2002. Las Vegas, Nevada: Yucca Mountain Site Characterization Office. ACC: MOL.20040417.0206. 5.2 CODES, STANDARDS, REGULATIONS, AND PROCEDURES 10 Code of Federal Regulations (CFR) 63.24. Energy: Updating of application and environmental impact statement. Readily available. 10 CFR Part 1021. Energy: National Environmental Policy Act Implementing Procedures. Readily available. 10 CFR Part 1022. Energy: Compliance with Floodplain/Wetlands Environmental Review Requirements. Readily available. 29 CFR 1910.146 Labor: Permit-required confined spaces. Readily available. 29 CFR Part 1904. Labor: Recording and Reporting Occupational Injuries and Illnesses. Readily available. 33 CFR Part 320. Navigation and Navigable Water: General Regulatory Policies. Readily available. 36 CFR Part 79. Parks, Forests, and Public Property: Curation of Federally-Owned and Administered Archaeological Collections. Readily available. 36 CFR Part 800. Parks, Forests, and Public Property: Protection of Historic Properties. Readily available. 40 CFR Part 50. Protection of Environment: National Primary and Secondary Ambient Air Quality Standards. Readily available. 40 CFR Part 63. Protection of Environment: National Emission Standards for Hazardous Air Pollutants for Source Categories. Readily available. 40 CFR Part 82. Protection of Environment: Protection of Stratospheric Ozone. Readily available. 40 CFR Part 122. Protection of Environment: EPA Administered Permit Programs: The National Pollution Discharge Elimination System. Readily available. 40 CFR Part 144. Protection of Environment: Underground Injection Control Program. Readily available. 40 CFR Part 247. Protection of Environment: Comprehensive Procurement Guideline for Products Containing Recovered Materials. Readily available. 40 CFR Parts 1500-1508. Protection of Environment: Council on Environmental Quality Regulations Implementing the Procedural Provisions of NEPA. Readily available. 48 CFR Part 970. Federal Acquisition Regulations System: DOE Management and Operating Contracts. Readily available. 35 FR 4247. Protection and Enhancement of Environmental Quality. Executive Order 11514. Readily available. 36 FR 8921. Protection and Enhancement of the Cultural Environment. Executive Order 11593. Readily available. 42 FR 26951. Floodplain Management. Executive Order 11988. Readily available. 42 FR 26961. Protection of Wetlands. Executive Order 11990. Readily available. 52 FR 2923. Superfund Implementation. Executive Order 12580. Readily available. 54 FR 6318. Determination of Floodplain/Wetlands Involvement for Site Characterization at Yucca Mountain, NV. Readily available. 55 FR 39152. 43 CFR Public Land Order 6802. Withdrawal of Public Land to Maintain the Physical Integrity of the Subsurface Environment, Yucca Mountain Project, Nevada. Readily available. 56 FR 49765. Floodplain Statement of Findings for Surface-Based Investigations at Yucca Mountain, Nevada. Readily available. 57 FR 48363. Floodplain Statement of Findings for Site Characterization Activities at Yucca Mountain, NV. Readily available. 60 FR 40164. Preparation of an Environmental Impact Statement for a Geologic Repository for the Disposal of Spent Nuclear Fuel and High-Level Radioactive Waste at Yucca Mountain, Nye County, Nevada. Readily available. 61 FR 26771. Indian Sacred Sites. Executive Order 13007. Readily available. 63 FR 27655. Consultation and Coordination with Indian Tribal Governments. Executive Order 13084. Readily available. 63 FR 49643. Greening the Government through Waste Prevention, Recycling, and Federal Acquisition. Executive Order 13101. Readily available. 64 FR 6183. Invasive Species. Executive Order 13112. Readily available. 64 FR 30851. Greening the Government Through Efficient Energy Management. Executive Order 13123. Readily available. 64 FR 31554. Floodplain and Wetlands Involvement; Geologic Repository for the Disposal of Spent Nuclear Fuel and High-Level Radioactive Waste at Yucca Mountain, Nye County, Nevada. Readily available. 65 FR 24595. Greening the Government Through Leadership in Environmental Management. Executive Order 13148. Readily available. 65 FR 24607. Greening the Government Through Federal Fleet and Transportation Efficiency. Executive Order 13149. Readily available. 67 FR 53358. Public Land Order No.7534; Extension of Public Land Order No. 6802. Readily available. American Indian Religious Freedom Act. 42 U.S.C. 1996. Readily available. Antiquities Act of 1906. 16 U.S.C. 431-433. Readily available. AP-EM-002, Rev. 2, ICN 0. Land Access and Environmental Compliance. Washington, D.C.: U.S. Department of Energy, Office of Civilian Radioactive Waste Management. ACC: DOC.20031117.0003. AP-EM-009, Rev. 0, ICN 0. Pollution Prevention Assessments and Sustainable Design. Washington, D.C.: U.S. Department of Energy, Office of Civilian Radioactive Waste Management. ACC: MOL.20020701.0185. Archaeological Resources Protection Act of 1979. 16 U.S.C. 470 et seq. Readily available. Atomic Energy Act of 1954. 42 U.S.C. 2011 et seq. Readily available. Clean Air Act of 1977. 42 U.S.C. 7401-7671g. Readily available. Clean Water Act of 1977. 33 U.S.C. 1251. Readily available. Comprehensive Environmental Response, Compensation, and Liability Act of 1980. 42 U.S.C. 9601-9675. Readily available. DOE Manual 231.1-1 Change 2. 2000. Environment, Safety and Health Reporting Manual Washington, D.C.: U.S. Department of Energy. Readily available. DOE Notice 231.1. 2002. Environmental, Safety, and Health Reporting Notice. Washington, D.C.: U.S. Department of Energy. Readily available. DOE Notice 450.4. 2001. Assignment of Responsibilities for Executive Order 13148, Greening the Government Through Leadership In Environmental Management. Washington, D.C.: U.S. Department of Energy. Readily available. DOE Order 151.1A. 2000. Comprehensive Emergency Management System. Washington, D.C.: U.S. Department of Energy. Readily available. DOE Order 231.1A. 2003. Environmental, Safety, and Health Reporting. Washington, D.C.: U.S. Department of Energy. Readily available. DOE Order 413.3. 2000. Program and Project Management for Acquisition of Capital Assets. Washington, D.C.: U.S. Department of Energy. Readily available. DOE Order 430.2A. 2002. Departmental Energy and Utilities Management. Washington, D.C.: U.S. Department of Energy. Readily available. DOE Order 450.1. 2003. Environmental Protection Program. Washington, D.C.: U.S. Department of Energy. Readily available. DOE Order 451.1B Change 1. 2001. National Environmental Policy Act Compliance Program – Change 1. Washington, D.C.: U.S. Department of Energy. Readily available. DOE Order 5400.5 Change 2. 1993. Radiation Protection of the Public and the Environment. Washington, D.C.: U.S. Department of Energy. Readily available. DOE Order 5480.4 Change 4. 1993. Environmental Protection, Safety, and Health Protection Standards. Washington, D.C.: U.S. Department of Energy. Readily available. DOE Policy 141.1. 2001. Department of Energy Management of Cultural Resources. Washington, D.C.: U.S. Department of Energy. Readily available. DOE Policy 450.4. 1996. Safety Management System Policy. Washington, D.C.: U.S. Department of Energy. Readily available. DOE Policy 450.5. 1997. Line Environment, Safety and Health Oversight. Washington, D.C.: U.S. Department of Energy. Readily available. Emergency Planning and Community Right-to-Know Act of 1986. 42 U.S.C. 11001 et seq. Readily available. Endangered Species Act of 1973. 16 U.S.C. 1531 et seq. Readily available. Federal Facility Compliance Act of 1992. 42 U.S.C. 6961. Readily available. Federal Insecticide, Fungicide, and Rodenticide Act. 7 U.S.C. 136 et seq. Readily available. Federal Land Policy and Management Act of 1976. 43 U.S.C. 1701 et seq. Readily available. LP-3.30Q-BSC, Rev. 2, ICN 0. Hazards Analysis System. Washington, D.C.: U.S. Department of Energy, Office of Civilian Radioactive Waste Management. ACC: DOC.20040315.0002. Materials Act of 1947. 30 U.S.C. 601 et seq. Readily available. Migratory Bird Treaty Act. 16 U.S.C. 703. Readily available. NAC (Nevada Administrative Code) 444. Sanitation. Readily available. NAC 445A. Water Controls. Readily available. NAC 445B. Air Controls. Readily available. NAC 459. Hazardous Materials. Readily available. NAC 477. State Fire Marshal. Readily available. NAC 503. Hunting, Fishing, and Trapping; Miscellaneous Protective Measures. Readily available. National Environmental Policy Act of 1969. 42 U.S.C. 4321-4347. Readily available. National Historic Preservation Act. 16 U.S.C. 470 et seq. Readily available. Native American Graves Protection and Repatriation Act. 25 U.S.C. 3001 et seq. Readily available. Nevada Revised Statute 533. Adjudication of Vested Water Rights; Appropriation of Public Waters. Readily available. Nuclear Waste Policy Act of 1982. 42 U.S.C. 10101 et seq. Readily available. Resource Conservation and Recovery Act of 1976. 42 U.S.C. 6901 et seq. Readily available. Safe Drinking Water Act. 42 U.S.C. 300f et seq. Readily available. Toxic Substances Control Act. 15 U.S.C. 2601-2671. Readily available. Yucca Mountain Development Act. Public Law No: 107-200. Readily available. INTENTIONALLY LEFT BLANK 6. GLOSSARY (NOTE: Several terms in this Glossary emphasize their specific relationship to the Yucca Mountain Project.) alluvial fan A relatively flat to gently sloping mass of loose rock, shaped like an open fan, deposited by a stream or streams on a plain or broad valley. alluvium Unconsolidated rock debris deposited by flowing water during relatively recent geologic time; generally unsorted to semi-sorted. ambient Undisturbed, natural conditions, such as ambient temperature caused by climate; surrounding conditions. In addition, the geographic area in which the public has free access and where the ambient air quality standards apply. aquifer Subsurface saturated rock of sufficient permeability to transmit groundwater and yield usable quantities of water to wells and springs; a rock formation, group of formations, or part of a formation with these characteristics. arid Areas where mean annual evaporation exceeds mean annual precipitation. Arid regions typically have high rainfall variability, with annual amounts ranging between four and 12 inches. ashfall The descent through the atmosphere of ash from a volcanic eruption; volcanic ash resulting from an ash fall and lying on the ground surface. ash-flow tuff A tuff deposited by a turbulent blend of unsorted volcanic debris and high-temperature gas ejected explosively from fissures or a crater. basaltic lava flow Fine-grained, dark-colored volcanic rocks erupted onto or near the land surface from a volcano or fissures. borehole A hole drilled into the earth’s crust to collect hydrologic and geologic data. borrow pit An excavated area where earth materials such as sand and gravel are obtained. caldera A large, basin-shaped volcanic depression formed by violent eruptions and collapse of the crust. carbonate aquifer An aquifer in limestone and/or dolomite. Carbonate aquifers typically produce hard water, that is, water containing relatively high concentrations of calcium and magnesium. chain-of-custody control A form that documents collection, transport, and analysis of samples (e.g., water, rock). cinder cone A conical hill formed by the accumulation of cinders and other ejected debris around a volcanic vent. clearance survey A survey conducted to find and remove desert tortoises prior to land-disturbing activities. coliform bacteria Bacteria that originate as organisms in soil or vegetation and in the intestinal tract of warm-blooded animals (fecal coli). This group of bacteria has long been an indicator of the contamination of water and possible presence of intestinal parasites and pathogens. decommission The process of removing from service a facility in which nuclear materials are handled. This usually involves decontaminating the facility so that it can be dismantled or dedicated to other purposes. effluent A liquid or gaseous waste that is discharged to the environment. Euroamerican A person whose ancestry can be traced to Europe, but who immigrated to the United States and became either a naturalized or a legal citizen. evapotranspiration The combined processes of evaporation and plant transpiration that remove water from the soil and return it to the air. fault A fracture or zone of fractures along which there has been displacement. fault system Two or more sets of faults that are mostly parallel and that developed during a particular deformational episode. floodplain The strip of relatively smooth land adjacent to a river or stream channel or dry wash that is covered by water when the river or stream overflows its banks. fugitive dust Airborne particulate matter, emitted into the atmosphere from wind erosion of exposed soils or from vehicles traveling over unpaved roads geologic repository A facility for the long-term isolation of spent nuclear fuel and high-level radioactive waste in excavated geologic media. germination The process whereby seeds or spores sprout and begin to grow. greenhouse gases Greenhouse gases are natural and man-made substances that trap outgoing infrared energy emitted by the earth, warming the atmosphere and the earth. Common examples include water vapor, carbon dioxide, methane, some hydrofluorocarbons and perfluorocarbons. groundwater Water contained in pores or fractures in either the unsaturated zone or saturated zone below the surface. high-level radioactive waste (1) The highly radioactive material that is produced from the reprocessing of spent nuclear fuel, including liquid waste produced directly in reprocessing, and any solid material derived from such liquid waste that contains fission products in sufficient concentrations. (DOE would vitrify liquid high-level radioactive waste before shipping it to the repository.), and (2) other highly radioactive material that the U.S. Nuclear Regulatory Commission, consistent with existing law, determines by rule requires permanent isolation. Holocene epoch The most recent epoch of geologic time that extends from the end of the Pleistocene to the present, or approximately the past 10,000 years; also the rocks and deposits formed during this time. human exposure The condition of a human being subject to some effect or influence from a hazardous material, pollutant, or ionizing radiation generally considered as potentially resulting in an adverse physical response. hydrology The study of the occurrence, distribution, movement, and chemistry of water. injection well A deep well into which water, pressurized gas, or other material is pumped to test specific properties of the rock through which groundwater flows. invasive species An alien plant or animal species whose introduction does or is likely to cause economic or environmental harm or harm to human health. leachfield A component of a sanitary sewage system that uses soil for the disposal of effluent discharged from a septic tank. The leachfield consists of a series of perforated pipes buried in trenches that distribute the effluent below the surface. Material Safety Data Sheets A manufacturer’s summary of the chemical characteristics of a material, including information about the material’s toxicity, storage, handling, first aid procedures, cleanup of spills, and disposal. native species Plant or animal species that occur naturally (without introduction by humans) in the region. ozone-depleting substances Ozone is the triatomic form of oxygen. In the stratosphere (6 - 12 miles to about 33 miles above the surface), natural ozone protects the Earth from the sun’s ultraviolet radiation. Ozone-depleting substances are certain compounds that contribute to the depletion of this protective ozone layer. Paleozoic A geologic era extending from the end of the Precambrian to the beginning of the Mesozoic, dating from between 570 and 225 million years ago. particulate matter Small airborne solid particles such as dust, smoke, fumes, or smog, that occur naturally or from human activities. perennial A plant that lives or continues more than two years, whether it retains its leaves in winter or not. pollution prevention Preventing or reducing the generation of pollutants, contaminants, hazardous substances, or wastes at the source, or reducing the amount for treatment, storage, and disposal through recycling. pre-activity surveys A biological, archaeological, and/or radiological survey conducted before granting approval to use land by Project participants. These surveys are designed to identify, preserve, and protect biological and archaeological resources, and identify and protect personnel from radiation sources. Precambrian All geologic time, and its corresponding rocks, before the Paleozoic. It is equivalent to about 90 percent of geologic time and marked by the appearance of primitive forms of life. quality assurance All those planned and systematic actions necessary to provide adequate confidence that a program or item will perform satisfactorily. radiation The emitted particles or photons from the nuclei of radioactive atoms. Some elements are naturally radioactive; others are induced to become radioactive by irradiation in a reactor. Naturally-occurring radiation is indistinguishable from induced radiation. radionuclide A radioactive atom with an unstable nucleus that spontaneously decays, emitting ionizing radiation in the process. recharge The movement of water from an unsaturated zone to a saturated zone. reclamation The conversion of disturbed land to a pre-disturbed condition. recontour Grading soil or loose rock debris on a disturbed site to match the natural slope and drainage of the surrounding landscape. remediation Action taken to permanently remedy a release or threatened release of a hazardous substance to the environment. Also synonymous with reclamation. sample transfer A form used on the Yucca Mountain Project for documenting the transfer of samples (e.g., water, rock) from one person to another. saturated zone The area below the water table where all spaces (fractures and rock pores) are completely filled with water. sedimentary rocks Rock resulting from the consolidation of loose sediment that has accumulated in layers. site characterization All activities associated with the determination of the suitability of the Yucca Mountain site for a geologic repository. On February 14, 2002, the Yucca Mountain site was recommended by the Secretary of Energy to the President as a suitable site for a repository. spent nuclear fuel Fuel that has been withdrawn from a nuclear reactor following irradiation, the component elements of which have not been separated by reprocessing. For this Project, this refers to: (1) intact, nondefective fuel assemblies; (2) failed fuel assemblies in canisters; (3) fuel assemblies in canisters; (4) consolidated fuel rods in canisters; (5) nonfuel assembly hardware inserted in pressurized-water reactor fuel assemblies; (6) fuel channels attached to boiling-water reactor fuel assemblies; and (7) nonfuel assembly hardware and structural parts of assemblies resulting from consolidation in canisters. Tertiary The first of two geologic periods of the Cenozoic Era extending from the end of the Mesozoic Era to the beginning of the Quaternary Period, covering a time span approximately from 65 million to two million years ago. tracer A substance (liquid or gas) usually injected through a well to determine the direction and speed of groundwater flow, as well as the characteristics of the rock through which the tracer travels. tuff Rock formed from compacted fragments of ash and dust, which have been ejected explosively into the air and settle onto the land surface. If the particles are sufficiently hot and contain enough gas, they may weld together forming welded tuff. Tuff is the most widely exposed rock at Yucca Mountain. verbatim compliance policy Compliance with all procedures to the letter. volcanic aquifer A water-bearing unit of volcanic rock or volcanic sediment that yields water in a useable quantity to a well or spring. well-logging All operations involving the lowering and raising of measuring devices or tools into wells for the purpose of obtaining information about the well or adjacent formations.