1. National Governors Association Federal Facilities Task Force States-Only Session Intergovernmental Meeting with DOE December 8, 2004 Arlington, VA Prepared by Ross & Associates Environmental Consulting, Ltd., for submission under Contract with the National Governors’ Association Center for Best Practices. The preparation of this document was financed in part by funds provided by the U.S. Department of Energy, Grant No, DE-FG02-97FT34337

2. 2 This Morning’s Agenda Introductory overview (  these slides) Roundtable of states Preview/discuss 4 panels Discussion of other issues –5-Group session on Thursday

3. 3 Introductory Overview What’s new since we last met? Things to consider for the 4 Panel discussions Potential additional topics Ideas for the 5-group session

4. 4 What’s new since we last met? Jessie Roberson resigned; Golan acting DOE held RBES Workshop in Chicago The Election Secretary Abraham announced departure WA voters approved Initiative 297 Omnibus Approps. bill passed –Includes HLW provisions, affecting SC and ID EM and NNSA failed to reach agreement on transfer of waste mgmt responsibilities

5. 5 What’s new (continued) Rocky Flats post-closure agreement progressing, lead regulator issue resolved DOE-EM issued “Closure Planning Guidance” Fernald silo waste stalled Hanford ROD signed; state sued DOE NRDA issues higher on states’ radar Max Power retired & moved to Yachats, Oregon

6. 6 DOE Project Teams NGA Working Groups “The intent of this dialogue is to go substantially beyond mere information sharing to a collaborative, consultative dialogue that provides the potential for the development of consensus solutions where possible, or at minimum, informed, collegial dialogue on issues of concern.” –Ground Rules (1/03)

7. 7 Observations on DOE’s transparency DOE’s recent lack of transparency continues (with some exceptions) Over the years, DOE’s transparency (at the national level) has been: –Initially low, then high – 1993-95 –Medium – 1995-2000 –Medium to low – 2001-04 Does the Task Force generally agree with these observations?

8. 8 4 Panel Discussions End States—Outcome of Chicago Workshop and What’s Next Natural Resource Damages Waste Management: Avoiding Gridlock Long-term Stewardship

9. 9 Panel: End States: Outcome of Chicago workshop and what’s next NGA Task Force Statement of Position (9/29/04) –CERCLA already takes risk into account –Risk is not the only factor (per FFERDC) –DOE needs more transparency –Risk analysis has limitations, is only a tool –Build consensus to get sustainability –Respect & enforce existing agreements –Improve communication (national & local) –Recognize linkage to long-term stewardship

10. 10 Presentation: Natural Resource Damage Assessment Today: NOAA presentation--Cooperative assessment initiative Task Force held 2 conference calls to compare progress in states Is DOE trying to avoid any precedent- setting agreements? What is General Counsel’s position?

11. 11 Panel: Waste Management WM is the founding reason for this Task Force Waste stream data was collected by DOE at states’ behest Analysis led to “mileage charts” – what waste moves where, and why? WM is a major item on our agenda for the first time in years

12. 12 Waste Management (continued) SSAB chairs’ letter –Sent to Golan 11-30-04 –Identified “vulnerabilities in existing waste disposition assumptions” E.g., pre-1970 TRU waste Orphan waste –Concerns of potential “gridlock” –Recommended a national forum by the end of 2005 to develop solutions to DOE’s system- wide waste and material disposition challenges.

13. 13 Waste Management (continued-2) What would you like to see come out of this panel? Ideas-- –Support for a national forum? –Emphasize the importance of being able to see the big picture of waste movement (and therefore, the need for data)? –A message to DOE that lawsuits could be avoided given pro-active negotiation to work out differences? –Other?

14. 14 Panel: Long-Term Stewardship LM Office now one year old Rocky, Weldon, Ohio sites moving toward LTS—different process for each Written questions provided to the panel Dave Geiser proposed questions for states

15. 15 Dave Geiser’s Questions How many Superfund sites (federal and non- federal) do you have in your state? (in, or adjacent to, your government jurisdiction for local governments or reservations/properties for tribal nations) How many of those Superfund sites have been remediated and are in a surveillance and maintenance mode? What role(s) does the State (local government or tribal nation) have for those sites that have been remediated and are in surveillance and maintenance?

16. 16 Dave Geiser’s Questions (continued) For those in surveillance and maintenance what type of plan do they have and how is it enforced? –Do you have some best-in-class examples that could be shared? For those in surveillance and maintenance what type of institutional controls do they have and how are they enforced? –Do you have some best-in-class examples that could be shared? For those in surveillance and maintenance what type of funding arrangements are in place and how is that funding guaranteed? –Do you have some best-in-class examples that could be shared?

17. 17 Long-term Stewardship KEY ISSUES FOR NGA TASK FORCE 1.Maximize cleanup to minimize need for LTS. 2.Implement enforceable institutional controls, including federal compliance with state covenant laws. 3.Identify mechanism for assured funding for LTS. 4.Clarify specific roles and responsibilities for implementing the components of LTS 5.Clarify other PSOs’ roles and responsibilities in LTS.

18. 18 Additional discussion topics (For this morning, tomorrow’s NGA session, or future discussion) Observations from EPA A national forum? Geiser’s questions? Communication with DOE & transparency High level waste reclassification Future DOE budgets

19. 19 5-Group Session, Thursday 1:45pm Each group submitted priority issues list Lists were similar Only 1 hour available for this session Seems like best use of time is: Try to agree with other groups on a plan to prepare a joint message to the new administration? (agree?)

20. 20 Joint message to new administration Potential topics for a joint message –National forum on waste management? –End States—key principles? Revise Task Force’s position statement? –NRDA—time to move forward? –Long-term stewardship—same issues? –DOE Transparency? –Other?

21. 21 The End On to Roundtable of states Documents available at: www.fftfcleanupnews.org Slides with backup information follow

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