DOE, Washington State Head to Court Over Hanford Cleanup Schedules

Months of talks between the Department of Energy and the state of Washington over how to amend a 2010 consent decree that governs the cleanup of Hanford’s tank waste appear to have been unsuccessful, and now the matter is heading to a federal court. Late last week, the state of Washington, along with Oregon, filed a lawsuit against DOE to have a judge agree with Washington state’s proposal to modify the consent decree by establishing a significant number of new milestones tied to making progress and completing the Hanford Waste Treatment Plant, as well as establishing a requirement for new double-shell tank storage capacity and other changes. “Although I appreciate Secretary [of Energy Ernest] Moniz placing a high priority on Hanford, the simple fact is the Department of Energy has failed to meet important deadlines. We need much stronger accountability to ensure our citizens are protected and the Hanford site is cleaned up,” Washington Gov. Jay Inslee said in a release. “Fifty-six million gallons of hazardous chemical and radioactive waste continue to be held in Hanford’s storage tanks – now decades beyond their intended use. I have allowed the federal government substantial time to come forward with a plan that satisfies those obligations and they have been unable to make that commitment so far.”

DOE earlier informed the state that it is at risk of missing most of the remaining deadlines in the 2010 consent decree. The deadlines cover emptying waste from certain single-shell tanks and for the construction and operation of the Waste Treatment Plant, including that the plant be at full operation in 2022. For its part, DOE has put forward a proposal to modify the consent decree that would only set a small number of new near-term deadlines, including for the portion of the vitrification plant without technical issues. DOE’s proposal would hold off on setting additional milestones, though, as the remaining technical issues at the WTP are resolved. “DOE’s motion to modify the Consent Decree represents a prudent and reasonable approach for accomplishing the objectives outlined in the existing Consent Decree on a modified timeline in light of the technical and safety issues that have emerged,” acting Assistant Energy Secretary for Environmental Management Mark Whitney said in a release late last week.

Whitney went on to say, “The Department has made tremendous progress in the cleanup efforts at Hanford, but we still have a long way to go. It is critical that we move forward as quickly as practicable to begin immobilizing the tank waste. We hope there is an expeditious resolution of this matter. In the near term, the Department will continue to move forward to begin treating tank waste at Hanford, and will continue to work with the State and key stakeholders to accomplish this important mission.”