The 35,000-acre Oak Ridge Reservation includes three major DOE installations: the East Tennessee Technology Park (formerly the K-25 Site), Oak Ridge National Laboratory in Bethel Valley, and the Y-12 Plant. These installations occupy about 30 percent of the Reservation. The remainder of the Reservation is designated as a National Environmental Research Park established in 1980 to provide protected land for environmental science research and education and to demonstrate that energy technology development can coexist with a quality environment. All of the Reservation lies within Anderson and Roane Counties, and most of the property is within the city limits of Oak Ridge. The Clinch River forms the southern and western boundaries of the Reservation.

Since the early 1940s the Reservation has been the site of nuclear research and vital national security missions. These activities left a legacy of radioactive and toxic chemical wastes requiring management and/or disposal. Five to 10 percent of the Reservation is occupied by old waste sites, most of which lack engineered containment structures. Radioactive and toxic chemical pollutants present in mixed-waste burial grounds, settlement ponds, seepage pits and trenches, inactive tanks, abandoned underground pipelines, and surplus facilities have contaminated soils, groundwater, and surface water. Radioactive elements include tritium (with a half-life of approximately 12 years) and strontium and cesium (with half-lives of approximately 30 years). Hazards from these three radionuclides will markedly diminish in about 300 years. There are also quantities of radioactive uranium (which will pose a hazard for millions of years). Other radionuclides and non-radioactive chemicals such as PCBs are also present.

Abundant rainfall (annual average of 55 inches) and high water tables (e.g., 0 to 20 feet below the surface) contribute to leaching of contaminants resulting in contaminated soil, surface water, sediments, and groundwater. A complex geology provides for ready movement of groundwater on many parts of the Reservation.

In order to consolidate investigation and remediation of environmental contamination, the contaminated areas of the Reservation has been divided into five large tracts of land roughly equivalent to the major hydrologic watersheds. The DOE, with the knowledge of the public and concurrence of EPA Region 4 and TDEC DOE-O, decided that a comprehensive watershed approach to planning remediation activities is more effective than the usual unit-by-unit approach. One or several CERCLA Records of Decision for each watershed will replace hundreds of lesser documents, potentially resulting in considerable savings in time and money. The watershed approach also provides the public with a roadmap of proposed remediation actions, facilitates public oversight of DOE’s progress, and allows comprehensive stewardship planning for the Reservation. A map of the Oak Ridge Reservation showing the remediation watersheds and political boundaries is shown in Figure 2.1.

The principal federal law governing hazardous waste cleanup is the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA). Under CERCLA, EPA evaluates federal facilities for inclusion on the National Priorities List based on the level of contamination, affected receptors (i.e., human population, ecosystems) and pathways through which contamination might reach receptors. Placement on the National Priorities List increases public awareness of contamination, involves the EPA in cleanup oversight, and aids in allocation of cleanup funds.

The Oak Ridge Reservation was placed on the National Priorities List on November 21, 1989. However, large areas of the Reservation have never been used for nuclear weapons production, research processes, or waste management. These unaffected areas of the Reservation are proposed for delisting and removal from the provisions of CERCLA. If delisting is accomplished, up to 6,000 acres of the 35,000-acre Reservation would still be subject to CERCLA.

The EPA headquarters coordinates and sets policy for environmental restoration of federal facilities. The DOE is responsible for determining the nature and extent of contamination, ensuring that remediation takes place, and funding the work at DOE facilities including the Oak Ridge Reservation.

At National Priorities List facilities, regulatory agencies oversee remediation. For the Oak Ridge Reservation, regulatory authority and oversight are vested in EPA Region 4 and TDEC DOE-O. Local government and the public play less formal roles by commenting on remediation plans, or taking political action to influence cleanup decisions.

The CERCLA requires a legally binding Federal Facility Agreement between agencies (i.e., DOE, EPA and TDEC DOE-O) to establish timetables, procedures and documentation for cleanup of federal facilities on the National Priorities List. The Federal Facility Agreement for the Oak Ridge Reservation was implemented on January 1, 1992.

Under the CERCLA process, a Record of Decision formally documents the selection of a preferred remediation method. Preceding the Record of Decision, a Remedial Investigation/Feasibility Study determines the nature and extent of contamination and evaluates feasible remediation alternatives, one of which is designated as the preferred alternative. These alternatives, including the preferred alternative, are summarized and presented to the public for review and comment in a Proposed Plan. After receiving concurrence on the Proposed Plan from EPA and TDEC, the selected alternative is published in a Record of Decision. The Record of Decision is a key milestone in the CERCLA process because it:

• Documents a legally binding decision that cannot be changed without following specific procedures, including public review;
• Provides the technical basis for the cleanup decision;
• Summarizes public comments and DOE’s responses; and
• Identifies specific surveillance and monitoring actions.

Following the Record of Decision, DOE prepares a Remedial Design Work Plan and a Remedial Action Work Plan for implementation of remediation activities. After remediation is finished, a Remedial Action Report is issued, which summarizes the conduct and results of field construction and monitoring activities and documents that the remedial actions were performed in compliance with CERCLA. After five years, performance of the remediation must be reviewed and documented.

In late 1996, DOE issued a draft proposal on its preferred remediation method for four surface impoundments at Oak Ridge National Laboratory (ORNL). This proposal included the creation of a consolidated disposal cell within the surface impoundments area. However, the State of Tennessee seemed to favor an alternative proposal involving complete excavation of the impoundments, with disposal of contaminated waste off the ORNL site. The State also believed that DOE’s remediation decisions lacked community involvement. Subsequently, the State recommended that any remediation decision for the surface impoundments should include broad-based public involvement.

In response to the State’s recommendation, DOE asked the Oak Ridge Reservation Environmental Management Site Specific Advisory Board (ORREMSSAB) to initiate a process to gain better understanding of community values and desired future uses for contaminated areas on the Reservation. The Board determined that a broad independent group would be needed for such an effort. A steering committee from the Board was formed to initiate the effort, and encouraged stakeholders to get involved in the effort because of its importance for remediation planning.

In January 1997, the Board sponsored a public meeting to seek volunteers for the End Use Working Group (EUWG). More than 100 attendees discussed the issues and process of the EUWG. As a result, more than 20 individuals initially participated as EUWG members, while a similar number requested to be kept informed by receiving EUWG materials. An experienced technical facilitator was hired to help the Group direct its efforts and maintain its focus. After some debate, it was determined that the name "End Use Working Group" best described the issues facing this newly formed group.

Although the EUWG operated as a separate entity, close contact was maintained with the Board. Several EUWG members served on a special Board committee, in order to keep Board members advised of EUWG activities.