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State of NevadaDivision of Environmental

Protection

NDEP Oversight of UGTA NDEP Oversight of UGTA Vision for the FutureVision for the Future

May 30, 2002May 30, 2002

http://ndep.state.nv.us/boff/devilshole.htmhttp://ndep.state.nv.us/boff/devilshole.htm

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State of Nevada State of Nevada

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Department of ConservationDepartment of Conservation

and Natural Resourcesand Natural Resources

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Division of Environmental Protection Division of Environmental Protection

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Bureau of Federal FacilitiesBureau of Federal Facilities

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NDEP - Mission Statement

Protect and enhance the environment Protect and enhance the environment of the State of Nevada consistent with of the State of Nevada consistent with the public health and enjoyment, the the public health and enjoyment, the

propagation and protection of propagation and protection of terrestrial and aquatic life, the terrestrial and aquatic life, the

operation of existing industries, the operation of existing industries, the pursuit of agriculture, and economic pursuit of agriculture, and economic

development activities. development activities.

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Nevada Division of Environmental Protection NDEP BureausNDEP Bureaus• 1) Air Pollution Control1) Air Pollution Control• 2) Air Quality Planning2) Air Quality Planning• 3) Mining3) Mining• 4) Water Pollution Control4) Water Pollution Control• 5) Water Quality Planning5) Water Quality Planning• 6) Waste Management6) Waste Management• 7) Corrective Actions7) Corrective Actions

• 8) Federal Facilities

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NDEPBureau of Federal Facilities

• Created in 1990 to provide programmatic and Created in 1990 to provide programmatic and regulatory oversight of federal facilities in NV regulatory oversight of federal facilities in NV

• In southern NV this includes Nellis Test and In southern NV this includes Nellis Test and Training Range, Indian Springs, and Tonopah Test Training Range, Indian Springs, and Tonopah Test RangeRange

• Represents interests of all NDEP bureausRepresents interests of all NDEP bureaus• Assists other state agencies at these facilitiesAssists other state agencies at these facilities

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Bureau of Federal FacilitiesFederal Facilities Covered Within the

Death Valley GW Flow System

Nevada Test Site (DOE)Nevada Test Site (DOE) Tonopah Test Range (DOE)Tonopah Test Range (DOE) Nellis Air Force Range (DOD)Nellis Air Force Range (DOD) Indian Springs Air Force Auxiliary Field Indian Springs Air Force Auxiliary Field

(DOD)(DOD)

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Federal Facilities in the Death Valley GW Flow System

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NDEP Environmental Oversight of NTS Programs

•FY 1991 - NDEP entered into an Agreement in FY 1991 - NDEP entered into an Agreement in Principal (AIP) for environmental oversight of Principal (AIP) for environmental oversight of DOE NTS activities. This included all ongoing DOE NTS activities. This included all ongoing program activities, as well as review of all program activities, as well as review of all historic contaminationhistoric contamination

•In 1996 NDEP entered into the Federal Facility In 1996 NDEP entered into the Federal Facility Agreement and Consent Order (FFACO), a Agreement and Consent Order (FFACO), a formal consent order addressing actions formal consent order addressing actions necessary to remediate historic contaminationnecessary to remediate historic contamination

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FFACO

• TThe purpose of the FFACO is to identify sites of potential he purpose of the FFACO is to identify sites of potential historic contamination and implement corrective actions historic contamination and implement corrective actions based on public health and environmental considerationsbased on public health and environmental considerations

• The FFACO outlines a process to insure that DOE The FFACO outlines a process to insure that DOE thoroughly investigates and takes corrective action to thoroughly investigates and takes corrective action to mitigate the release of hazardous pollutantsmitigate the release of hazardous pollutants

• Covers NTS, TTR, NAFR, CNTA, PSACovers NTS, TTR, NAFR, CNTA, PSA

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DOE Program EvolutionDOE Program Evolution• Hydrologic Resource Management Program (HRMP)Hydrologic Resource Management Program (HRMP)

• Ground Water Characterization Program –1989 Ground Water Characterization Program –1989 (GCP)(GCP)

• Underground Test Area Project –1994Underground Test Area Project –1994 (UGTA)(UGTA)

Background --History of Groundwater

Investigations on the NTS

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Depiction of Underground Nuclear Blast

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Environmental Investigations at NTS

The FFACO includes provisions for: The FFACO includes provisions for: • Soils InvestigationsSoils Investigations• Industrial SitesIndustrial Sites• Underground Test Area (UGTA)Underground Test Area (UGTA)• Offsites – Central NV Test Area, Project Offsites – Central NV Test Area, Project

ShoalShoal

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NRS 445a.415 - “Waters of the State”

““Waters of the state” means all waters Waters of the state” means all waters situated wholly or partly within or bordering situated wholly or partly within or bordering upon this state, including but not limited to:upon this state, including but not limited to:

All streams, lakes, ponds, impounding All streams, lakes, ponds, impounding reservoirs, marshes, water courses, reservoirs, marshes, water courses, waterways, wells, springs, irrigation waterways, wells, springs, irrigation

systems, and drainage systems, andsystems, and drainage systems, and all all bodies or accumulations of water, surface bodies or accumulations of water, surface

and underground, natural or artificial.and underground, natural or artificial.

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Ash Meadows Nevada

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NRS 445a.465 - Protection of Waters of the State

Except as authorized by a permit …, it is unlawful Except as authorized by a permit …, it is unlawful for any person to:for any person to:

1. Discharge from any point source any pollutant 1. Discharge from any point source any pollutant into any waters of the State or any treatment into any waters of the State or any treatment works.works.

2. Inject fluids through a well into any waters of 2. Inject fluids through a well into any waters of the State.the State.

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NRS 445a.465 - Protection of Waters of the State, cont.

Except as authorized by a permit …, it is unlawful Except as authorized by a permit …, it is unlawful for any person to:for any person to:

3. Discharge from a point source a pollutant or inject 3. Discharge from a point source a pollutant or inject fluids through a well that could be carried into the fluids through a well that could be carried into the water of the State by any means.water of the State by any means.

4. Allow a pollutant discharged from a point source 4. Allow a pollutant discharged from a point source or fluids injected through a well to remain in a or fluids injected through a well to remain in a place where the pollutant or fluids could be carried place where the pollutant or fluids could be carried into the waters of the state by any means.into the waters of the state by any means.

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Corrective Action Authority

NDEP’s Authority Comes From:NDEP’s Authority Comes From:• NRS and NACNRS and NAC• Clean Water ActClean Water Act• Agreement in Principle between State, Agreement in Principle between State,

NNSA, and DODNNSA, and DOD• Federal Facilities Agreement and Consent Federal Facilities Agreement and Consent

OrderOrder• Environmental PermitsEnvironmental Permits

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UnderGround Test Area Project•Investigate nuclear testing effects Investigate nuclear testing effects on groundwater at the Nevada Test Site on groundwater at the Nevada Test Site   

•Identify risks resulting from underground Identify risks resulting from underground nuclear testingnuclear testing  

•Predict groundwater movement of contaminated Predict groundwater movement of contaminated groundwatergroundwater  

•Determine whether radionuclides have moved Determine whether radionuclides have moved appreciable distancesappreciable distances  

•Define boundaries for safe water use and Define boundaries for safe water use and establish long-term monitoring networkestablish long-term monitoring network

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Subsidence Craters

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The UGTA Corrective Action Strategy

Corrective Action Investigation PlanCorrective Action Investigation Plan

Corrective Action InvestigationCorrective Action Investigation

Corrective Action Decision DocumentCorrective Action Decision Document

Corrective Action PlanCorrective Action Plan

ClosureClosure

Long Term MonitoringLong Term Monitoring

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Define / Negotiate CAU Boundaries

Contaminant BoundaryContaminant Boundary(model-predicted perimeter)(model-predicted perimeter)

• Defines the extent of radionuclide-contaminated groundwater Defines the extent of radionuclide-contaminated groundwater from underground testing exceeding the Safe Drinking Water from underground testing exceeding the Safe Drinking Water Act (SDWA) standardsAct (SDWA) standards

• Composed of both a perimeter boundary and a lower Composed of both a perimeter boundary and a lower hydrostratigraphic unit boundaryhydrostratigraphic unit boundary

• The computer model predicts the location of this boundary The computer model predicts the location of this boundary within 1,000 years and must do so at a 95% level of confidence within 1,000 years and must do so at a 95% level of confidence

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Define / Negotiate CAU Boundaries (continued)

Compliance BoundaryCompliance Boundary(Regulatory Perimeter)(Regulatory Perimeter)

•From the contaminant boundary predicted by the From the contaminant boundary predicted by the computer model, a compliance boundary will be computer model, a compliance boundary will be negotiated between NDEP and DOE negotiated between NDEP and DOE

•The compliance boundary will define the area The compliance boundary will define the area within which the radiological contaminants above within which the radiological contaminants above the SDWA standards relative to background are to the SDWA standards relative to background are to remain remain

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Define / Negotiate CAU Boundaries (continued)

•The compliance boundary may or may not The compliance boundary may or may not coincide with the contaminant boundarycoincide with the contaminant boundary

•If the predicted location of the contaminant If the predicted location of the contaminant boundary cannot be accepted as the compliance boundary cannot be accepted as the compliance boundary, an alternate compliance boundary will boundary, an alternate compliance boundary will be negotiated by both partiesbe negotiated by both parties

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Containment Control or Long Term Monitoring?

•If containment control will be required then If containment control will be required then DOE develops contaminant control Corrective DOE develops contaminant control Corrective Action Plan (CAP)Action Plan (CAP)

•If Long-Term Monitoring is sufficient for If Long-Term Monitoring is sufficient for CAU surveillance, then DOE develops CAU surveillance, then DOE develops monitoring CAPmonitoring CAP

•NDEP approval is required before proceeding NDEP approval is required before proceeding to 5 year Proof of Concept Monitoringto 5 year Proof of Concept Monitoring

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Five Year Proof of Concept(applies to both containment control & LTM)

If long term monitoring is required:If long term monitoring is required:

•Groundwater wells in the monitoring network Groundwater wells in the monitoring network determine if the network design provides adequate determine if the network design provides adequate CAU surveillanceCAU surveillance

•Measurements of field parameters will be used to Measurements of field parameters will be used to demonstrate if model is capable of making demonstrate if model is capable of making reasonable predictions that fall within an acceptable reasonable predictions that fall within an acceptable

level of confidencelevel of confidence

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Long Term Closure Monitoring

• NDEP Approval of Closure Report required before NDEP Approval of Closure Report required before proceeding to Long Term Closure Monitoringproceeding to Long Term Closure Monitoring

• DOE performs long-term monitoring in accordance DOE performs long-term monitoring in accordance with a Closure Report with a Closure Report

• NDEP reviews periodic monitoring results, verifies NDEP reviews periodic monitoring results, verifies

that the monitoring provisions in the Closure Report that the monitoring provisions in the Closure Report are followed, and ensures that contamination are followed, and ensures that contamination remains contained remains contained

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NDEP’s Objectives

• Protect the Waters of the StateProtect the Waters of the State

• Ensure contaminants are acceptably Ensure contaminants are acceptably contained and that further degradation of contained and that further degradation of Nevada’s water resources is preventedNevada’s water resources is prevented

• Make available as much of the water Make available as much of the water resource for future regional growth and resource for future regional growth and development as reasonably practicaldevelopment as reasonably practical

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Growth Continues … Source: Acevedo et al., USGS

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… and so will the Demand for Water!

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NDEP’s Needs

•Knowledge and understanding of the Knowledge and understanding of the regional, NTS-scale, and CAU-scale regional, NTS-scale, and CAU-scale hydrogeologic setting and phenomenahydrogeologic setting and phenomena

• Ability to monitor and predict the Ability to monitor and predict the migration of contaminants, and migration of contaminants, and demonstrate acceptable containmentdemonstrate acceptable containment

• Ability to estimate the impact of current Ability to estimate the impact of current and future regional water usageand future regional water usage

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NDEP’s Goals and Vision

• Produce robust models of contaminant transport, Produce robust models of contaminant transport, which can be used as tools for water resource which can be used as tools for water resource protection and development as demands on the protection and development as demands on the resource change over time resource change over time

• Agree on compliance boundaries that are both Agree on compliance boundaries that are both technically supported and administratively technically supported and administratively reasonablereasonable

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