Washington State Threatens to Sue DOE Over Hanford Tank Vapor Concerns

Washington state is threatening to take the Department of Energy to court to seek a legally enforceable agreement to protect workers at Hanford from the effects of chemical vapors from the site’s waste tanks. Yesterday, Washington State Attorney General Bob Ferguson sent DOE and Hanford tank farms contractor Washington River Protection Solutions a notice of endangerment and an intent to sue, which under the federal Resource Conservation and Recovery Act starts a 90-day clock after which the state can formally file a lawsuit. Washington state is seeking “an effective, legally enforceable agreement, or court order, with the federal government that lays out their plans to eliminate the health and safety risks for the Washington residents that work at Hanford,” Ferguson said during a press conference. “I expect a detailed implementation plan that finally, and permanently, addresses worker safety. I will make sure that this plan is legally enforceable, that we can hold the federal government accountable for following through on their plan and protecting workers.”

Tank vapors have long posed concerns at Hanford, but the issue gained new attention this spring when a number of site workers requested medical evaluations after potential exposure. In an effort to resolve the issue, DOE and WRPS commissioned a panel of experts led by Savannah River National Laboratory that issued a report last fall calling for improvements against brief exposures to tank vapors, among other recommendations. WRPS has already begun to implement the panel’s findings, such as by hiring additional industrial hygiene staff and requiring workers to use supplied-air respirators temporarily Describing the latest tank vapor report as a “game changer,” Ferguson said the report differed from previous studies in that “it recognized a stronger causal link between hazardous tank vapors and worker health than ever before.” He went on to say, “It does show in very strong terms much closer a causal link between the vapors and worker safety and in reading that report carefully, that was a critical component in my taking this step.”

Ferguson also said he did not expect efforts to improve worker safety at Hanford to affect the pace of the tank waste cleanup mission. “I think the federal government can do two things at one time,” he said. “I don’t think you have to sacrifice one for the other. Frankly, worker safety is paramount. They have a responsibility to cleanup Hanford. There’s no dispute about that. They need to do that in a way that’s safe for workers and protects workers. It’s not complicated, in a certain sense, and I expect them to do those two things simultaneously.”

DOE largely declined to comment on Washington state’s action yesterday, saying it was reviewing the state’s notice of intent to sue. “The Department of Energy is committed to protecting workers, members of the public, and the environment. The Department has received and is currently reviewing the Notice of Endangerment and Intent to File Suit from the State of Washington and cannot comment on its merits at this time,” a Department spokesperson said in a written response. For its part, WRPS said it is working on developing an implementation plan to address the findings of the most recent report. “WRPS has made substantial improvements in the Hanford tank farms’ chemical vapor management program since being contracted to operate the tank farms. WRPS is committed to continuously improve worker safety and health,” the contractor said in a statement.