Board Meeting Minutes 10/9/02

Presentation

Mr. Doug McCoy, Environmental Restoration Program Manager at TDEC, gave a presentation on the Federal Facility Agreement (FFA) acceleration concepts. A copy of Mr. McCoy=s presentation is included as Attachment 1.

After the presentation, the following questions were asked by members of the Board and the public, and the following responses were given by Mr. McCoy and others.

Question	Response (abridged)
Ms. Halsey – The waste handling plan is a new primary document to the FFA. Please explain what is in the document and why it is a new document.	Mr. McCoy explained that the document addresses the disposal of waste on the Oak Ridge Reservation. This document is different from the Waste Acceptance Criteria (WAC) document and contains waste-specific information about waste characteristics that are entering the waste stream, and how the waste stream is being managed. Information relative to sampling for characterization and an analytical perspective are included in this document.
Mr. Trammell – Please explain the decision-making process with TDEC with relation to waste handling and land use implementation plans. How are they approved?	Mr. Owsley stated that the majority of the plans are approved by the FFA project managers. Signature authority for the RODs comes from John Owsley for the State of Tennessee.
Mr. Kopp – What is the status of the outstanding issues on the accelerated cleanup plan?	Mr. Owsley remarked that DOE proposed to EPA and the State to consider legacy waste to meet the criteria for CERCLA into waste cell. A decision has not yet been made. · Other outstanding issues concern the limits on the volume of material in the waste cell and the disposing of waste actively being generated. This is something that the State is very careful about. Storage of low level waste on site requires a NEPA evaluation and public evaluation. The ROD covers these issues but were not specifically identified at the time of ROD preparation. · The Core Hole 8 issues have been resolved, and DOE will complete the project.
Mr. Kennerly – Will the waste handling plan be fairly specific on segregation of material once in the cell?	Mr. McCoy explained that this plan is not completed and is in the final annotated outline stage. This will be a separate living document. Segregation will be handled at the cell.
Ms. Cothron – Is the Accelerated Cleanup Plan dated 9/30/02 available?	Ms. Halsey stated that a revised document with updated Tables 1 & 2 is at the DOE Information Center.
Ms. Cothron - What is the status of the comprehensive waste plan that has a due date of 9/30/02?	Mr. Sleeman explained that this document is in review with TDEC and EPA.
Ms. Cothron – Is the Performance Management Plan (PMP) with a date of 8/1/02 finalized?	Mr. Sleeman stated that the completed draft has been delivered. The PMP is finalized and currently located on the web.
Ms. Cothron –Why will the public involvement plan not be finalized until 2004?	Ms. Halsey explained that this plan was updated last year. The document will be updated every three years to always keep a milestone for its revision in the FFA Appendix E.
Ms. Cothron - What is the Preliminary Assessment/Site Investigation (PA/SI) for the City of Oak Ridge and the surrounding communities?	Ms. Halsey explained that the Appendix E cites a document that is not a DOE document but rather an ATSDR report. The DOE is hoping the results from that report will be helpful in preparing a report, based on the PA/SI, on the communities surrounding the Oak Ridge Reservation. DOE is hoping to prove that the city and surrounding counties are not characteristic of National Priority List sites.

Question

Response (abridged)

Ms. Halsey – The waste handling plan is a new primary document to the FFA. Please explain what is in the document and why it is a new document.

Mr. McCoy explained that the document addresses the disposal of waste on the Oak Ridge Reservation. This document is different from the Waste Acceptance Criteria (WAC) document and contains waste-specific information about waste characteristics that are entering the waste stream, and how the waste stream is being managed. Information relative to sampling for characterization and an analytical perspective are included in this document.

Mr. Trammell – Please explain the decision-making process with TDEC with relation to waste handling and land use implementation plans. How are they approved?

Mr. Owsley stated that the majority of the plans are approved by the FFA project managers. Signature authority for the RODs comes from John Owsley for the State of Tennessee.

Mr. Kopp – What is the status of the outstanding issues on the accelerated cleanup plan?

Mr. Owsley remarked that DOE proposed to EPA and the State to consider legacy waste to meet the criteria for CERCLA into waste cell. A decision has not yet been made.

· Other outstanding issues concern the limits on the volume of material in the waste cell and the disposing of waste actively being generated. This is something that the State is very careful about. Storage of low level waste on site requires a NEPA evaluation and public evaluation. The ROD covers these issues but were not specifically identified at the time of ROD preparation.

· The Core Hole 8 issues have been resolved, and DOE will complete the project.

Mr. Kennerly – Will the waste handling plan be fairly specific on segregation of material once in the cell?

Mr. McCoy explained that this plan is not completed and is in the final annotated outline stage. This will be a separate living document. Segregation will be handled at the cell.

Ms. Cothron – Is the Accelerated Cleanup Plan dated 9/30/02 available?

Ms. Halsey stated that a revised document with updated Tables 1 & 2 is at the DOE Information Center.

Ms. Cothron - What is the status of the comprehensive waste plan that has a due date of 9/30/02?

Mr. Sleeman explained that this document is in review with TDEC and EPA.

Ms. Cothron – Is the Performance Management Plan (PMP) with a date of 8/1/02 finalized?

Mr. Sleeman stated that the completed draft has been delivered. The PMP is finalized and currently located on the web.

Ms. Cothron –Why will the public involvement plan not be finalized until 2004?

Ms. Halsey explained that this plan was updated last year. The document will be updated every three years to always keep a milestone for its revision in the FFA Appendix E.

Ms. Cothron - What is the Preliminary Assessment/Site Investigation (PA/SI) for the City of Oak Ridge and the surrounding communities?

Ms. Halsey explained that the Appendix E cites a document that is not a DOE document but rather an ATSDR report. The DOE is hoping the results from that report will be helpful in preparing a report, based on the PA/SI, on the communities surrounding the Oak Ridge Reservation. DOE is hoping to prove that the city and surrounding counties are not characteristic of National Priority List sites.

Deputy Designated Federal Official and Ex-Officio Comments

Mr. Sleeman, made five announcements:

$ Ms. Corkie Staley, a former ORSSAB member, was awarded a plaque for her service on the Board. Mr. Sleeman thanked Ms. Staley for her dedication and vision that she shared with the Board.

· The comment period for the Life Cycle Baseline scope statements has been extended until November 14, 2002.

· The comment period for the Environmental Assessment for sludge application has been extended until the middle of November.

· As the Board is aware there was a strontium-90 release at Oak Ridge National Laboratory (ORNL) a few months ago. An investigation report was done over the last two months and is in the final review process at DOE. The document is expected to be released to the public next week. Several corrective action recommendations have been made.

· The water quality report for the ETTP complex drinking water is due to be released on October 10, 2002.

Ms. Halsey made three announcements:

$ David Bidwell of The Perspectives Group will be the new facilitator to work with Board committees.

$ Judy Ullmann will be helping out until Sheree Black returns.

· Ms. Halsey reminded members of the Chairs Meeting next week. Jessie Roberson will be the lunch time speaker. Victor Ashe, the Mayor of Knoxville, will welcome attendees on Thursday morning.

Ms. Jones announced that the comment period for the EPA draft report on sampling in the Scarboro Community has been extended until 11/22/02. Two public availability meetings on the Scarboro findings are scheduled for November 14, 2002, from 11:00 am to 1:00 pm at the Oak Ridge Mall and from 6:30 pm to 8:30 pm at the Scarboro Community Center. Copies of the report can be found at the DOE Information Center, the Oak Ridge Library, and the Scarboro Community Center.

Ms. Jones also announced the following EPA personnel changes:

· Dick Greene has retired and has been replaced by Winston A. Smith, Division Director of the Waste Management Division

· Jeff Crane is the new FFA Project Manager

· Lila Koroma-Llamas is working on leasing and property transfer issues

· Beverly Huston is now Division Director of Air Pesticides and Toxics

Public Comment

Mr. Gibson read a statement (Attachment 2) on behalf of Barry A. Stephenson, President and CEO of Materials and Chemistry Laboratory, Inc. The statement requests that DOE reconsider the demolition schedule of building K-1006 and explore alternative arrangements so that MCL might continue business at K-1006. A delay of the demolition of K-1006 would enable MCL, Inc. to continue to provide support to both the Accelerated Cleanup Plan and on-site businesses.

Ms. Janet Westbrook, a thirteen-year veteran radiological engineer, spoke of violations she had identified regarding occupational safety regulations at Oak Ridge National Laboratory (ORNL). She suggested that the SSAB be skeptical regarding DOE’s claims that it provides adequate oversight of contractor environmental safety and health plans and operations, contractor’s claims to follow safety and health regulations and skeptical of DOE’s protection of whistleblowers. A copy of Ms. Westbrook’s presentation was distributed to the Board (Attachment 3).

Mr. Joseph Carson, P.E., spoke in regard to his ten years as a safety professional in the DOE system. Mr. Carson believes that DOE improperly suppresses safety concerns. Mr. Carson distributed a statement to the Board (Attachment 4) and also handed out the National Inspection & Consultants, Inc. report (Attachment 5). Mr. Carson’s statements include the following points: the compensation process for sick workers and the timely receipt of justified compensation needs to be improved, the public and DOE should explore specific safety issues within the system, and the public should be proactive in reviewing DOE and contractor health and safety plans and records.

Ms. Karen Carson told the Board about her life as the wife of a whistleblower.

Ms. Linda Gass spoke on the behalf of Joe Carson’s issues. She suggested that people become more proactive to protect their health and safety.

Announcements and Other Board Business

The next Board meeting will be Wednesday, November 13, 2002, at the DOE Information Center. The presentation topic is to be determined.

Minutes of the September 12, 2002, Board meeting were approved without change.

The Board approved a letter to Mr. Steve Zappe, New Mexico Environment Department, regarding “Endorsement of Remote Handled Transuranic Waste Permit Modification Request” (Attachment 6).

The Board approved the second reading of a proposed change to Bylaws Article VII. C5. to allow members of the public to participate in ORSSAB standing committee business on a voting basis.

The Board approved comments on the DOE Headquarters “Preface to the Site Transition Framework for Long-Term Stewardship” (Attachment 7).

Mr. Trammell, Mr. Million, Mr. Gibson, and Mr. Mosby gave reports on recent activities of the Environmental Restoration, Stewardship, Waste Management, and Executive committees, respectively. Mr. Osborne reported on public outreach.

The Board established ad hoc committees to review EM health and safety issues and to review the EPA Scarboro Sampling Report. Members of the EM health and safety committee will be: Mr. Trammell, Mr. Kopp, Mr. Washington, Mr. Kennerly, Ms. Campbell, and Mr. Rimel. Members of the Scarboro Sampling Report Committee will be: Mr. Gibson, Mr. Mulvenon, Mr. Washington, and Ms. Bonner.

The meeting adjourned at 9:30 p.m.

Motions

M10/9/02.1

Ms. Campbell moved to approve the minutes of the September 12, 2002, Board meeting. Mr. Mulvenon seconded the motion, and the motion was unanimously approved.

M10/9/02.2

Mr. Gibson moved to record the number of “yea” votes, “nay” votes, and abstentions in Board minutes. Mr. Washington seconded the motion, and the motion was approved by a vote of 16 in favor, 1 opposed (Mr. Million).

M10/9/02.3

Mr. Gibson moved to approve the recommendation, “Endorsement of Remote Handled Transuranic Waste Permit Modification Request”. No second was required on the motion, and the motion was unanimously approved.

M10/9/02.4

Mr. Million moved to approve the comments, “Preface to the Site Transition Framework for Long-Term Stewardship.” No second was required on the motion, and the motion was unanimously approved.

M10/9/02.5

Mr. Mulvenon moved to approve the second reading of a proposed change to Bylaws, “Article VII.C5.” Mr. Washington seconded the motion, and the motion was approved by a vote of 15 in favor, 2 opposed (Mr. Berry and Mr. Gibson).

M10/9/02.6

Mr. Washington moved to approve the formation of an ad hoc committee to gather information on the health and safety issues at the Oak Ridge Reservation. Mr. Kopp seconded the motion, and the motion was unanimously approved.