STAKEHOLDER INVOLVEMENT ON THE
OAK RIDGE RESERVATION

William Pardue
Oak Ridge Reservation Environmental Management Site Specific Advisory Board

Margaret Wilson
USDOE

Douglas Sarno
Phoenix Environmental Corp.

INTRODUCTION

The Department of Energy’s (DOE) Oak Ridge Reservation is located approximately 25 miles NW of Knoxville, TN. During 1943-44, three major production facilities were built on approximately 35,000 acres in the remote valleys of the Southern Appalachian Mountains. This area now constitutes federally owned land known as the Oak Ridge Reservation but contained within the City limits of Oak Ridge. All three facilities were originally built to help the government decide whether the separation of uranium isotopes (uranium-235 from uranium-238) could be done at all and, if so, done quickly enough to further research on using U-235 as the fuel source for an explosive device.

The Y-12 Plant processed the first uranium-235 for use in nuclear weapons and continued to manufacture nuclear weapon components through the Cold War and into the late 1980s. With the end of the Cold War, the plant’s 811 acres are now devoted primarily to dismantling and storing nuclear weapons components and maintaining a storehouse of weapons-grade nuclear materials and the nation’s nuclear weapons production capability.

The Oak Ridge National Laboratory (ORNL) was built in 1943 to demonstrate that plutonium could be produced from uranium. ORNL’s mission has evolved into performing energy, environmental and physical and life sciences research. ORNL has more than 200 sites on it’s 2,900 acres that are contaminated with hazardous waste, transuranic waste, and liquid and solid low-level radioactive and mixed (both radioactive and hazardous) wastes.

The Oak Ridge Gaseous Diffusion Plant (or K-25), now known as the East Tennessee Technology Park, was built in 1945 for the production of uranium hexaflouride enriched in the uranium-235 isotope, which was then shipped offsite for further processing into metal or other suitable compounds for use as fuel in commercial nuclear power plants; as fuel for navy submarines and ships; and in support of weapons production. The gaseous diffusion activities at this site were placed in standby in 1985 and shut-down status in 1987. More than 80 of the site’s 340 buildings are scheduled for cleanup and reuse or demolition.

THE OAK RIDGE COMMUNITY

Oak Ridge has an unusual history that has left its mark on today’s community. The effort that went into creating a highly specialized, weapons-building town owned by the Government has resulted in a specialized population with many highly educated and technically trained people. A significant number of retirees and their adult children have worked in the area since the town’s founding, creating a stable community, a strong awareness of area concerns and an expectation of being involved in decisions impacting the community.

As a result of the end of the Cold War, DOE’s budget and presence is being reduced in Oak Ridge. Since 1990, much of DOE’s Oak Ridge mission has been directed toward environmental cleanup of the reservation. However, available budgets for cleanup also continue to decline (see Figure 1). As a result, DOE has instituted new approaches to environmental restoration, including privatization, reindustrialization, the use of fixed price contracts, entering into agreements with one management and integration contractor.

Figure 1. Environmental Restoration and Waste Management - Financial Status Costs FY 1994 - FY 1998

STAKEHOLDER EVOLUTION AND CURRENT PARTICIPANTS

Over the years, the relationship between DOE and its stakeholders in Oak Ridge has evolved greatly. During the period of defense-related activities through 1990, communication was tightly controlled by DOE under the rationale that national security might be compromised. This approach was consistent with many other government-community relationships at the time. As the Government adopted new policies of openness and citizens demanded more involvement in Government decisions, the situation changed in Oak Ridge as elsewhere.

Since the late 1980s, when environmental cleanup work began in earnest on the Oak Ridge Reservation, DOE has continuously turned to stakeholders for input. In the early stages of the DOE Environmental Management Program, DOE usually solicited opinions by mail or in public meetings. Large public meetings in which DOE made a presentation and then waited for public response were the norm of those days. All too frequently, the approach was for DOE to make a decision and then defend it to the public - a situation that stakeholders found offensive.

In December 1989, the Reservation was placed on the EPA’s National Priorities List, which meant cleanup of sites on and off the Reservation contaminated by DOE operations would be conducted under CERCLA. This law requires public participation during specific phases of the clean-up process. Several public meetings were held to provide information on the first remedial action site, Lower East Fork Poplar Creek (LEFPC). This creek and its flood plain, downstream from the Y-12 Plant, were found to be contaminated with mercury and other heavy metals used in weapons production activities at Y-12. Public meetings were the main forum for DOE to provide project information to the public and allow areas citizens to voice their concerns.

By May 1993, a Citizens Working Group was formed to give DOE feedback as it developed potential remedial alternatives. The group urged DOE to perform additional studies to confirm what had long been suspected -- that the form of mercury in the floodplain soils was far less toxic and less available to living organisms than the form of mercury DOE was required to use in its original risk assessment calculation. This in turn led to DOE receiving approval for a less expensive cleanup that was still protective of human health and the ecology.

Based on this experience, over the last four years the situation has evolved and changed markedly for the better. The process has not been without discomfort for both DOE and stakeholders, but the current situation is better for both. All parties have come to an understanding of the benefits of close communication, and all appear committed to further improving stakeholder input. Some of the most active stakeholder groups in the Oak Ridge area include:

Oak Ridge Reservation Environmental Management Site Specific Advisory Board

The Oak Ridge Reservation Environmental Management Site Specific Advisory Board (ORREMSSAB) is a broadly-based, non-partisan citizen advisory group with interests and concerns relating to the Oak Ridge Reservation environment and surrounding areas. The group is charted under the Federal Advisory Committee Act (FACA), and appointed by DOE’s Assistant Secretary for Environmental Management to advise DOE’s Oak Ridge Environmental Management program on all aspects of its activities. The Board is dedicated to providing informed recommendations and advice to DOE regarding environmental restoration, waste management, future land use and economic development of specified areas. Consequently, recommendations concerning environmental health, environmental justice, and safety issues are also included, as well as other subjects the Board determines to be appropriate.

Oak Ridge Reservation Local Oversight Committee

The Oak Ridge Reservation Local Oversight Committee (LOC) is a non-profit organization funded by the Tennessee Department of Environment and Conservation (TDEC) with a portion of the federal grant awarded to the State for DOE oversight. The LOC’s primary mission is to provide local government and citizen input into the environmental management activities and continued operations taking place on the Reservation. The LOC solicits and synthesizes stakeholder concerns on issues, establishes a position on the subject and communicates this position to appropriate agencies.

Environmental Interest Groups

Environmental concerns are expressed by individuals and by a number of organized environmental and health-related groups in the area such as: Save Our Cumberland Mountains, Oak Ridge Environmental Peace Alliance, and Citizens for a Healthy Environment. In addition, most local governments have established environmental review or advisory groups such as the City of Oak Ridge’s Environmental Quality Advisory Board (EQAB). The objective of all these groups is to preserve and enhance the quality of life in the region, and encourage ethical and environmentally friendly decisions by DOE.

City of Oak Ridge

It should be recognized that the Oak Ridge Reservation is completely located within the boundary of the City of Oak Ridge. The City believes it has a primary role in all matters within its boundaries that would customarily be a City function.

Community Reuse Organization of East Tennessee (CROET)

The Community Reuse Organization of East Tennessee (CROET) was established to assist the community in countering the effects of DOE downsizing, with a primary goal of using excess DOE assets for economic diversification. In Oak Ridge, the CROET is also a mechanism for environmental cleanup. In this role, CROET will lease facilities to industry at a reduced rate in exchange for the leasee agreeing to clean up the property.

Local Labor Unions

Local chapters of organized labor express concerns over loss of member jobs and health and safety issues associated with downsizing and cleanup.

Other Organizations

Finally, there are trade associations of environmental industry firms, economic development organizations, organized groups of DOE contractor retirees, and individual citizens active in stakeholder interactions with DOE.

DOE and its regulators (EPA and the State of Tennessee) have publicly committed to listening to stakeholders, factoring their advice into decisions, and informing the public of how the input is used. They also have accepted persuasive input to change decisions, once made.

WHY THE OAK RIDGE RESERVATION END USE WORKING
GROUP WAS FORMED

By way of introduction, in the Fall of 1996, as part of an ongoing project to determine the cleanup alternative for a group of contaminated surface impoundments at the Oak Ridge National Laboratory, DOE issued a draft proposal on its preferred cleanup method based on nine criteria under the governing CERCLA regulations. The preferred alternative was to treat the liquids, remove the soil and sediment, and engineer an onsite disposal cell with liners and an underground collection of any liquids that migrated through the liners.

State regulators did not agree with DOE’s preferred cleanup alternative. It was viewed as a closure in place of long-lived radionuclides, which would require perpetual institutional controls and would set a precedence for the many in-ground burial sites and long-lived radionuclides found on the Reservation. The State suggested broad public involvement prior to making the cleanup decision for the ORNL surface impoundments.

As a result, DOE requested the ORREMSSAB to develop a process to recommend cleanup principles for contaminated areas on the Reservation, including institutional controls, land uses, waste disposal consolidation, and technical/cost feasibility. These cleanup principles would then be incorporated into the Federal Facilities Agreement and used as input to decisions on end uses of contaminated lands.

WHAT IS END USE?

The term "End Use" refers to the objectives for future use of land and natural resources after completion of remedial activities. The value of an End Use recommendation lies in its role as a guide to the general level of remediation necessary for the land or natural resource. These recommendations may provide for a general range of uses such as "industrial", "commercial", or "unrestricted". End Use recommendations do not, however, provide specific uses for the land or specific zoning requirements. Nor do they present a specific technical remedy.

Before an End Use recommendation can be made, an "exposure scenario" that models how the land could be used is developed for each End Use category. These exposure scenarios are used to formulate risk assessments, which help determine required cleanup levels for particular exposures. Thus, the cleanup level desired is a function of the End Use designation of a particular contaminated property. End Use differs only if the exposure scenarios differ. For example, even if future land uses are different (i.e., industrial assembly plant vs. nuclear science laboratory), the risk assessment for a worker may be the same. Therefore, since the expected risk to the worker is the same in either the industrial plant or a research laboratory case, the exposure scenario is the same and therefore, the End Use designation would be the same.

Specific land uses will ultimately be determined by appropriate zoning authorities and land owners. However, such land use will have to conform with the allowable exposures determined in the End Use process.

HOW THE EUWG WAS FORMED

The ORREMSSAB, through its Land Use/Economic Development Committee, decided to establish a process that would enable the broadest possible public involvement in recommending cleanup principles. In January 1997, they widely advertised the initiation of the effort, held a well attended public meeting to explain the approach, and solicited voluntary participation. During these activities, the ORREMSSAB evaluated professional technical group participation leaders and chose Phoenix Environmental Corporation, Alexandria, VA. DOE entered into a contract to make Phoenix Environmental’s services available, supplied an experienced individual with a public interaction background for technical/administrative support, and designated a senior level DOE official as a point of contact.

EUWG Membership, Structure and Process

The EUWG held its first meeting on February 20, 1997. More than 20 individuals signed on to participate as regular members of the group and form the core membership of the EUWG, while more than 50 citizens elected to receive ongoing materials from the group.

The EUWG has met at least two times each month since February 1997. At each meeting, evaluations of contaminated areas of the Reservation are conducted on a watershed-area level. Only contaminated lands are evaluated. The schedule of evaluations has been designed to coincide with DOE and regulatory priorities.

For each watershed area on the Reservation, a substantial amount of time and effort is invested in order to gain a full understanding of key factors including: characterization of contamination; historic waste disposal practices; current conditions of land in the vicinity; land use projections; and geology/hydrology of the site. Site-specific materials such as maps, charts, diagrams, tables, and summary reports are developed to aid the working group in understanding the nature of contamination. Site briefings and tours are also scheduled.

During the discussion and analysis phase of the EUWG process, the floor is always open to anyone who wishes to voice an opinion, concern or question. The group strongly encourages active participation by all its members and anyone else who attends the meetings. This often results in an atmosphere of animated discussion and is reflective of the dynamic participatory nature of the EUWG.

The EUWG then develops alternatives to identify volumes, costs, and risks of achieving different end uses. These hypothetical scenarios aid in the decision-making process for making end use recommendations.

Every EUWG meeting is open to the public. Meetings are publicized in local newspapers and all citizens are encouraged to attend. Videotapes of each meeting are aired on public access television and are available for viewing at the Information Resource Center.

Recommendations

At the close of 1997, the EUWG had formulated four End Use recommendations: End Use of Bethel Valley; Recommendation to Site a Waste Disposal Facility on the Oak Ridge Reservation; End Use of Bear Creek Valley; and End Use for the Disposal Areas in Melton Valley. As 1998 begins, the EUWG is poised with an ambitious schedule to analyze Upper East Fork Poplar Creek (Y-12), East Tennessee Technology Park (K-25), and Groundwater/Surface Water issues. End use recommendations will also be developed for each of these issues.

In addition to examining specific sites of the Reservation, the EUWG dedicated several meetings to educate the group members on several generic topics including: community guidelines; risk assessment; waste types and conditions; groundwater/surface water; and nuclear criticality.

The group has also formed several committees, which are open to all members, to examine certain issues in greater depth:

Support

Facilitation and technical and administrative support for the EUWG are provided by the Phoenix Environmental Corporation of Alexandria, Virginia. The End Use Working Group receives additional technical, administrative and financial support from the Department of Energy.

KEY INGREDIENTS TO EUWG SUCCESS

The End Use Working Group has been very successful, consistently making quality decisions and meeting deadlines. Several factors help explain the group's success: dedication and commitment of EUWG members; open membership and open process; communal education; well developed background materials; independent facilitation; and Department of Energy support.

Commitment and Dedication of the EUWG Members

Many EUWG members have a scientific and technical background, a factor that has helped the learning process of the EUWG. Members have been effective in helping each other understand many of the issues and concepts presented and ensuring adequate information is available. Early in the EUWG process, the group agreed that the Steering Committee should preview the presentation that would be made to the larger group in order to help facilitate the process. This steering committee meets prior to and after each EUWG meeting with the independent facilitator, DOE, and its contractors to review meeting material, to provide input for any needed changes to the presentation to be given and to plan agendas for upcoming meetings. This kind of effort is a confirmation of the Oak Ridge citizenry’s well-deserved reputation of strong involvement in local issues. This strong sense of commitment is evident in the End Use Working Group. A vast majority of members attend every meeting and review video tapes of meetings they miss.

Open Membership, Open Process

The End Use Working Group is open to any and all who wish to participate in formulating end use recommendations. There are no prerequisites for membership, nor are there any registration procedures. Anyone who wishes to voice an opinion on the issues is welcome to express their ideas or concerns at any EUWG meeting. The EUWG asks its members to engage in the debate and to stay current on issues through regular attendance and review of the videotapes and information.

The analytical and decision-making process of the group is also transparent in nature. Decisions are made based upon the information provided and detailed discussions of the EUWG membership. The group is a solely autonomous unit that is not obligated to any other organization. There are no hidden agendas. A key strength of the EUWG is the atmosphere of openness it creates in which civil dialogue and debate flourishes, and people can speak freely without fear of reprisal or recrimination. Recommendations are discussed and amended until all key issues are addressed and a consensus is reached. Formal votes are not taken, rather each recommendation is signed by all of the members who support it.

Communal Education

The EUWG was introduced to the principle of "communal education". Communal education tries to ensure that each member of the group is given the same level of technical information prior to developing alternative recommendations. When all members of the group have the same level of fluency on a given issue, the group discussions are usually much more productive.

Effective communal education is achieved by rigorously analyzing the multiple facets of an issue before any general discussion about recommendations takes place. A good example of this approach is the EUWG's analysis of the nuclear criticality issue. A special half-day informational seminar was scheduled that provided fundamental background information on criticality concepts. By the end of the session, group members were much better informed of criticality-related issues. Consequently, they were able to have a more informed discussion about recommendations on this issue.

Background Materials

In addition to presentations by site technical experts, the EUWG achieves communal education by supplying well-developed background materials. The group’s administrative staff works diligently to ensure the EUWG has the charts, diagrams, graphs, document summaries and other background materials necessary for members to understand the complex issues they face. Background materials are designed to translate complex, abstract, and often confusing technical data into a readily understandable form that non-technical audiences can more easily digest, aiding in the group's ability to intelligently debate and discuss the issues.

Independent Facilitator

Another strength of the group has been the use of an independent facilitator with experience in environmental public participation and future use planning. The facilitator has worked closely with the steering committee to craft a process that enjoys maximum community involvement while staying focused on the specific output desired from the group. The facilitator has worked to ensure all sides of an issue are explored and relevant information is evaluated before any decision-making is begun.

Department of Energy Support

The EUWG receives administrative, technical, and financial support from the Department of Energy. As a result of this DOE commitment, the group receives current, accurate, and complete technical information to assist in its decision-making process.

More important than material support, however, is the level of credibility that DOE accords to the group. The EUWG end use recommendations are carefully read and genuinely considered by DOE. Members of the group are fully aware of this strong DOE commitment to the EUWG process. Consequently, EUWG members have displayed consistently high levels of diligence to ensure that only the most well-thought-out recommendations emanate from the EUWG.

SUMMARY

The Oak Ridge Reservation End Use Working Group is a dynamic example of substantive public participation in action. As a result of employing sound participatory tools, the ORREUWG has demonstrated the importance and feasibility of community involvement in the environmental remediation process.

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