The Department of Energy rejected Washington state’s proposal to amend Hanford’s court-enforced consent decree soon after the state announced it was rejecting DOE’s proposal Friday. DOE said it remains committed to continuing to work with the state to develop an amendment acceptable to both agencies. But the state could take the next legal step outlined in the 2010 consent decree as early as this week, said Washington State Attorney General Bob Ferguson. The consent decree allows either party to call for 40 days of negotiations if no proposals are accepted. If negotiations are unsuccessful, the state could return to federal court to ask it to order DOE to implement the state’s plan, according to the state.
DOE said the state’s proposal did not adequately account for the realities of the resolution of technical issues at the Waste Treatment Plant, project management requirements and budget constraints. The state’s proposal included a lengthy and detailed list of requirements and milestones to get cleanup back on track and have all waste in underground tanks treated by 2047. Some of those proposed requirements are beyond the scope of the original consent decree, including requirements for eight new double-shell tanks, DOE said. Some requirements also would supersede DOE’s ability to make decisions as provided in the Tri-Party Agreement, according to DOE.