1. Long-Term Stewardship: Institutional Controls on Department of Energy Sites Steve Schiesswohl, Senior Realty Officer November 2006

2. 2 LM’s Mission and Mandate LM Mission “To manage the Department’s post-closure responsibilities and ensure the future protection of human health and the environment. LM has control and custody of legacy land, structures, and facilities and is responsible for maintaining them at levels suitable for their long-term use.” This includes Maintaining the remedy Monitoring to ensure integrity of the remedy Complying with regulatory reporting requirements Disposition of property for other beneficial uses

3. November 2006 3 LM Sites and Offices

4. November 2006 4 ICs Implementation Challenges LM has 69 sites in 27 states and Puerto Rico Sites added every year; more than 105 sites expected by 2011 Regulated by numerous federal cleanup regulations (CERCLA, RCRA, UMTRCA, FUSRAP, NWPA, etc.) Subject to associated state regulations LM must ensure that ICs are appropriate, visible, and enforceable Often must ensure ICs both on federal property, adjacent non-federal property, and on land that is being transferred

5. November 2006 5 LM’s Approach to ICs DOE has been implementing and managing ICs in its Long-Term Surveillance and Maintenance Program since 1988 DOE Policy 454.1, Use of Institutional Controls and Associated Guidance “DOE policy to use institutional controls as essential components of defense-in-depth strategy that uses multiple, relatively independent layers of safety to protect human health and the environment…” Defense-in-depth strategy includes –Administrative –Engineered and structural –Proprietary –Notices

6. November 2006 6 Successful Implementation and Tracking Technical team and regulators determine needed restrictions Technical staff implements ICs in regulatory documents Realty staff negotiates and executes appropriate instrument(s) to implement ICs ICs tracked through monitoring, annual and more frequent inspections of sites, regulatory reporting, and on case-by-case basis as issues arise Sampling and annual inspections most frequent opportunities to track integrity of ICs ICs are integral part of Long-Term Surveillance and Maintenance Plans

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9. 9 Annual (or more frequent) Inspections Check of all engineered ICs (e.g., fences, gates, signs and boundary and erosion control monuments) Visual inspection for evidence of trespass or man-made violation of ICs, such as well drilling or ground disturbance Inspection of disposal features for erosion or disturbance by burrowing animals Calls to state engineering offices to determine if well permits have been requested and/or issued Checks at the courthouse to determine visibility of recorded instruments that have restrictions Separate monitoring crew site visit; less efficient but more effective

10. November 2006 10 LM Website for Public Access to IC Information Web-based at http://www.LM.doe.gov/ for easy public access IC information in fact sheets on site pages and viewable in Legacy Management Site Documents Search –Long-Term Surveillance and Maintenance Plans –Environmental Assessments –Other relevant documents Geospatial Environmental Mapping System (GEMS) includes all sites and multiple layers of data –GEMS presents aerial photo of site, site features, and well and surface water sampling locations –Click on individual well to access water quality and water level data in table and graph formats

11. November 2006 11 Information on the LM Website http://www.LM.doe.gov/

12. November 2006 12 Summary Because LM will have sites for indefinite time, ICs are an important component of protectiveness LM must ensure that ICs are visible, appropriate, and will endure as long as necessary LM must ensure that required and appropriate ICs are included in land transfers LM has increased its participation in site closure and transition to ensure that sites transition seamlessly and that all appropriate controls, ICs, and realty interests are in place