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EMDF Documents

The U.S. Department of Energy (DOE) released the Proposed Plan for public comment on September 7, 2018.  DOE received citizen comments regarding the proposed plan through Jan. 9, 2019.

At the request of the Sierra Club, the public was invited to join representatives from the Tennessee Department of Environment & Conservation (TDEC) and the Environmental Protection Agency (EPA) for informal discussions about the proposed facility at the TDEC office in Oak Ridge on October 11, 2018. A fact sheet and presentations from the meeting are available for your review.

On November 7, 2018, the DOE hosted a public hearing about plans for the proposed new mixed-waste landfill in Oak Ridge. DOE presented information about the Proposed Plan and provided an opportunity for the public to comment on the proposal. The November 7, 2018 meeting transcript is available for review. 

The documents listed below provide background information to assist the public in understanding DOE's Proposed Plan for the Environmental Management Disposal Facility (EMDF).

Informal Draft 0 (D0) Focused Feasibility Study, September 2011 - DOE provided the D0 report as an informal draft. It is not posted here because it was not subject to the document review protocols specified in the Federal Facility Agreement (FFA). TDEC provided informal comments to DOE via email. DOE, EPA, and TDEC met multiple times during 2011-2012 and were unable to resolve comments on the informal D0 report.

At this stage of the project, DOE called the proposed landfill the "CERCLA Disposal Facility (CDF)".

Draft 1 (D1), September 2012 (transmitted September 25, 2012)

EPA CommentsJanuary 2013

DOE Responses, June 2013 (see page 630 of 675)

TDEC CommentsFebruary 2013

DOE ResponsesJune 2013 (see page 656 of 675)

DOE, EPA, and TDEC met multiple times during 2012-2013 and were unable to resolve comments on the D1 report.

Draft 2 (D2)June 2013 (transmitted June 14, 2013)

EPA CommentsAugust 15, 2013

TDEC CommentsJuly 15, 2013

TDEC CommentsSeptember 9, 2013

DOE, EPA, and TDEC met multiple times during 2013-2014 and were unable to resolve comments on the D2 report.

Draft 3 (D3)March 2015 (transmitted April 1, 2015)

EPA CommentsAugust 6, 2015 [refers to D3 as D1 per agreement with DOE]

DOE ResponsesMarch 2016 (see page 1264 of 1352)

TDEC CommentsAugust 6, 2015

DOE ResponsesMarch 2016 (see page 1297 of 1352)

DOE, EPA, and TDEC met multiple times during 2015-2016 and were unable to resolve comments on the D3 report.

Draft 4 (D4), March 2016 (transmitted March 16, 2016)

D4 Erratum, March 23, 2016

TDEC LetterMarch 10, 2016 - DOE’s proposed evaluation of mercury in-cell macroencapsulation should not be in the D4 RI/FS report.

EPA CommentsMay 20, 2016

DOE ResponsesFebruary 2017 (see page 897 of 932)

TDEC CommentsMay 16, 2016

DOE ResponsesFebruary 2017 (see page 917 of 932)

TDEC LetterJune 17, 2016 - Response to DOE questions on EMDF

DOE LetterJuly 7, 2016 - DOE committed to independent CERCLA and DOE Order processes

TDEC PositionsAugust 24, 2016 - TDEC Positions on DOE Responses

TDEC LetterAugust 24, 2016  - TDEC Proposed Path Forward

EPA/TDEC LetterDecember 9, 2016 - EPA/TDEC Positions, per DOE Request

DOE LetterDecember 20, 2016 - Proposed Dispute Resolution Agreement (DRA) . The DRA was not accepted by EPA or TDEC

EPA LetterJanuary 6, 2017 

TDEC LetterJanuary 13, 2017 - DOE, EPA, and TDEC met multiple times during Summer/Fall 2016 and were unable to resolve comments on the D4 report, including issues that persisted through the D0, D1, D2, D3, and D4 draft reports.

Draft 5 (D5)February 8, 2017 (transmitted February 28, 2017)

EPA National Remedy Review Board RecommendationsApril 4, 2017

EPA Region 4 Responses, April 19, 2018

TDEC CommentsApril 21, 2017

DOE ResponsesJuly 18, 2017

DOE Formal DisputeMay 2017- DOE invoked formal dispute over D5 RI/FS & remedy selection process

EPA LetterJune 21, 2017

DOE Formal Dispute Elevation , June 30, 2017- DOE elevated formal dispute to Senior Executive Committee (SEC)

EPA/TDEC LetterJuly 2017 - Dispute Position

Dispute Resolution Agreement (DRA)December 7, 2017 - All three parties signed a Dispute Resolution Agreement (DRA) on December 7, 2017 agreeing to a path forward that allowed DOE to release a Proposed Plan for public comment based on DOE commitments to meet terms and conditions of the DRA.

D5 “Errata” pagesJanuary 11, 2018

TDEC CommentsJanuary 23, 2018

EPA/TDEC Statement of Work (SOW), August 8, 2017 - Draft proposal for DOE to evaluate site conditions and siting requirements; incorporated in the December 7, 2017, Dispute Resolution Agreement (DRA) for the D5 RI/FS.

Draft 1 (D1)August 2017 (transmitted October 4, 2017)

TDEC ApprovalNovember 9, 2017

EPA ApprovalNovember 8, 2017

On December 7, 2017, the Dispute Resolution Agreement (DRA) for the D5 RI/FS stated that the Proposed Plan will include a TDEC/EPA approved Field Sampling Plan (FSP) as an appendix.

In accordance with the August 2017 SOW, which highlighted the need for data collection during the winter of 2017-2018, DOE prepared the D1 FSP in August 2017. DOE transmitted the D1 FSP to EPA and TDEC for review in October 2017. TDEC and EPA approved the D1 FSP in November 2017 to expedite data collection during the winter of 2017-2018. DOE  revised the approved FSP from December 2017 through April 2018.

Draft 2 (D2), December 20, 2017

TDEC Comments, January 16, 2018

EPA CommentsMarch 21, 2018

Draft 2 (D2)March 2018 (transmitted April 9, 2018)

D2 Errata PagesApril 26, 2018

TDEC ApprovalMay 7, 2018

EPA ApprovalMay 7, 2018

Technical Memorandum 1 (TM-1), July 2018 - DOE presents CBCV Site 7c data from part of March and April 2018.

TDEC CommentsJuly 26, 2018

EPA CommentsAugust 16, 2018

TDEC and EPA comments are based on a “pre-published” version that DOE transmitted on July 5, 2017. DOE provided associated data in electronic format on June 14, 2018.

Draft 1 (D1)April 2015 (transmitted April 22, 2015)

TDEC CommentsAugust 20, 2015

EPA CommentsJuly 31, 2015

Draft 2 (D2), February 2016 (transmitted February 23, 2016)

TDEC Informal DisputeMarch 31, 2016

EPA Informal DisputeApril 1, 2016

EPA Letter, June 16, 2016

EPA Formal Dispute, August 24, 2018

EPA Formal Dispute Position, March 21, 2019

TDEC Formal Dispute Position, April 5, 2019

DOE Formal Dispute Position, April 5, 2019

TDEC Formal Dispute Position Reaffirmed, April 18, 2019

EPA Formal Dispute Decision Extension, April 18, 2019

 

 

Draft 1 (D1)June 2016 (transmitted June 28, 2016)

TDEC LetterAugust 24, 2016

EPA LetterJuly 7, 2016

Draft 2 (D2)June 2018 (transmitted June 5, 2018)

TDEC Informal Dispute, July 6, 2018

DOE Formal Dispute, July 20, 2018 

TDEC Formal DisputeJuly 30, 2018

EPA Informal DisputeJuly 10, 2018

Dispute Resolution Agreement (DRA), September 5, 2018 - DOE, EPA, and TDEC signed a Dispute Resolution Agreement (DRA) on September 5, 2018 agreeing that the Proposed Plan is approved for issuance and public comment and acknowledging resolution of the Formal Dispute regarding the Proposed Plan.

Draft 2 (D2) Revision 1 (R1)September 2018 (transmitted September 7, 2018) - DOE issued this version of the Proposed Plan for public review/comment.

EMDF Fact Sheet: Tennessee “State Acceptance”, October 11, 2018

Public hearing transcriptNovember 7, 2018 - DOE hosted a public hearing to present information about the Proposed Plan and provide an opportunity for the public to comment on the proposal.

Oak Ridge City Council Working Group meeting, November 27, 2018 – The city invited a DOE representative to present additional information and answer questions from City Council members about the Proposed Plan. A video of this meeting has been posted by the city.

Anderson County Commission meeting, December 3, 2018 – Citizens asked the Anderson County Commission to request a 90-day extension of the public comment period for the Proposed Plan. Commissioners passed such a resolution, and the DOE subsequently granted a 30-day extension through January 9, 2019. The County posted a video. Discussion of the proposed EMDF is during the following time segment (approximately): 00:34:00 – 01:00:45.

Anderson County Commission meeting, December 17, 2018 – Anderson County invited a DOE representative to present information about the Proposed Plan. The County posted a video. Discussion of the proposed EMDF is during the following time segments (approximately):

- 00:07:30 - 00:38:00 DOE Presentation

 - 00:50:00 - 01:08:00 Citizen Input

- 02:48:30 - 02:59:00 Commissioner Discussion & Vote to Host a Workshop on January 3, 2019 @ 6:00 pm at the Anderson County Courthouse (Room 312)

Anderson County Commission / Operations Committee meeting, January 14, 2019 – DOE’s proposed EMDF landfill was discussed by Anderson County Commissioners, citizens, representatives of the City of Oak Ridge, the Oak Ridge Environmental Quality Advisory Board, and TDEC. The County posted a video. This meeting followed a January 7, 2019 Commission workshop to hear input from the public. Discussion of the proposed EMDF is during the following time segment (approximately): 00:07:00-00:43:45.

Anderson County Commission meeting, January 22, 2019 – DOE’s proposed EMDF landfill was discussed by Anderson County Commissioners and citizens. The County posted a video. Discussion of the proposed EMDF is during the following time segments (approximately):

- 00:03:25 - 00:07:40 Citizen Input

- 01:44:25 - 01:46:30 General Discussion by Commissioners

 

TDEC Letter: Cost Information Request, November 29, 2018

TDEC Letter: FFA Agreements for the Proposed EMDF ROD, February 14, 2019

TDEC Letter: Follow-up Cost Information Request, February 26, 2019

TDEC Letter: Perpetual Care Fund, March 4, 2019 

EPA Letter: Site Preparation Plan & Phase 3 (Borrow Areas) Field Sampling Plan, March 5, 2019

TDEC Letter: Site Preparation Plan & Phase 3 (Borrow Areas) Field Sampling Plan, March 6, 2019

TDEC Letter: Field Sampling Plan for Baseline Groundwater and Surface Water Characterization, March 28, 2019

City of Oak Ridge Letter: Request to Postpone D1 ROD, April 2, 2019

DOE Letter: Response to EPA/TDEC on Site Preparation & Field Sampling Plans, April 4, 2019

EPA Letter: Field Sampling Plan for Baseline Groundwater and Surface Water Characterization, April 9, 2019

TDEC Letter: Response to City of Oak Ridge Request to Postpone D1 ROD, April 15, 2019 

TDEC Letter: Critical Issues Related to the CERCLA Process, April 17, 2019

TDEC/EPA Letter: TDEC-EPA Request for Site Characterization Report (TM-2) & Model Information, May 2, 2019

DOE Extension Requests and TDEC & EPA Approvals

TDEC Approved 02-09-2017 / EPA Approved 02-28-2017 / DOE Requested 02-07-2017

TDEC Approved 01-23-2018 / EPA Approved 01-30-2018 / DOE Requested 01-16-2018

TDEC Approved 09-04-2018 / EPA Approved 09-06-2018 / EPA Recommendation 08-29-2018 / DOE Requested 08-28-2018

TDEC Approved 11-05-2018 / EPA Approved 11-05-2019 / DOE Requested 10-26-2018

TDEC Approved 12-19-2018 / EPA Approved 12-20-2019 / DOE Requested 12-12-2018

TDEC Approved 02-13-2019 / EPA Approved 02-12-2019 / DOE Requested 02-05-2019

TDEC Approved 03-25-2019 / EPA Approved 03-19-2019 / DOE Requested 03-15-2019

TDEC & EPA Approved 05-02-09-2019 / DOE Requested 04-24-2019

 

This Page Last Updated: May 13, 2019 at 3:00 PM