Tony Yuen

EH&S

Fire Protection Engineer

The standards identified for facilities design cover ES&H issues normally encountered in the course of designing new or modifying existing facilities at Berkeley Lab. The legal standard provides that architect-engineer services and construction contracts include specifications that are based on General Design Criteria Manual (DOE Order 6430.1 or successor version). The current successor version of DOE Order 6430.1 is Life Cycle Asset Management (DOE Order 430.1), and Facility Safety (DOE Order 420.1), which are included in the set. Because this standard is not sufficient to cover all issues related to facilities design, additional standards were identified that provide a comprehensive and adequate set of rules to follow. The additional standards include external and internal standards. The external standards include the appropriate parts of the California Building Standards (California Administrative Code, Title 24) and the Life Safety Code section of the National Fire Protection Association (NFPA 101) as related to such building design issues as structural, fire, electrical, mechanical, plumbing, and ventilation design. The internal standards include a design procedure, Berkeley Lab Design Management Procedure RD 3.22, Lateral Force Design, which addresses site-specific hazard issues related to the Laboratory's proximity to nearby potentially-dangerous seismic faults, and has been used in practice at the Laboratory for an extended period of time. Implementation of the seismic safety standards will be aided by guidance such as Berkeley Lab Design Management Procedure LBID-1662, and one chapter in PUB-3000 (Chapter 23, Seismic Safety) and Seismic Safety Manual, A Practical Guide for Facilities Managers and Earthquake Engineers (D. Eagling). Finally, other site-specific ES&H facilities design issues will be addressed on a case-by-case basis during the Hazard Assessments process.

The standards identified for construction safety cover the hazards normally encountered in the course of constructing new, or modifying existing, institutional/industrial facilities. The legal standards selected by the Berkeley Laboratory include the Federal OSHA General Industry Standards (29 CFR 1910) and the Federal OSHA Construction Industry Standards (29 CFR 1926). In addition to the legal standards, the California Construction Safety Orders (CCR Title 8) has been selected as a standard because it is widely used by and familiar to the California construction industry. The use of the California Construction Safety Orders is applicable to subcontractors and is further justified by the fact that they supplement the requirements of the Federal OSHA standards and would be applied where more stringent than the Federal OSHA standards. Use and implementation of the above standards will be guided by the appropriate ANSI standards and Berkeley Lab Health and Safety Manual (PUB-3000) Chapter 10.

The standards identified for Fire Protection and Life Safety cover fire hazards normally encountered in the course of operating, constructing, and renovating laboratory facilities. The legal standards include the Federal OSHA General Industry Standards (29 CFR 1910) and the Federal OSHA Construction Industry Standards (29 CFR 1926). These standards were based on the previous editions of the National Fire Codes (NFC) published by the National Fire Protection Association (NFPA), which are now obsolete.

The External Necessary Standards include the current editions of NFPA 1, Fire Prevention Code, NFPA 101, Life Safety Code, the California Administrative Code (CAC) Title 24, Part 2, California Building Code, and Part 9, California Fire Code. These codes provide fundamental requirements for the construction and renovation of buildings and infrastructure. Furthermore, CAC Title 24 provides requirements for facility operations, including handling and storage of hazardous materials. The implementation of the Fire Protection - Life Safety standards follows DOE Order 440.1, Paragraph 2, which establishes the framework for an effective worker protection program in the area of fire safety. In addition, the Berkeley Lab Health and Safety Manual, PUB-3000, Chapters 12 & 13, provides further guidelines to implement the identified standards.

The standard identified for On-Site Hazardous Materials Transportation covers the hazards normally encountered in the transportation of hazardous materials inside Berkeley Lab. The selected standard is an internal standard, namely, the Berkeley Lab Health and Safety Manual (PUB-3000, Chapter 5, "Occupational Safety"). This standard establishes a comprehensive set of requirements that provide sufficient safety and health protection for the recognized hazards. The Department of Transportation (DOT) requirements were not selected because they apply to transportation of materials on public roads and for a commercial purpose. Berkeley Lab roads are not open to the public and transportation on them is for a non-commercial purpose; therefore, the DOT requirements are not applicable.

Hazardous Materials Transportation, Off-Site

The standards identified for Off-Site Hazardous Materials Transportation cover the hazards normally encountered in the transporting of hazardous materials away from Berkeley Lab. The legal standards include Department of Transportation (DOT) 49 CFR 106-110, Transportation, and DOT 49 CFR 170-180, Hazardous Materials Regulation, DOT 49 CFR 397, Route Designations, the California Vehicle Code (and implementing CCR sections to the extent not preempted by DOT requirements), and City of Berkeley requirements prohibiting transportation on specified streets containing purge chamber openings. These identified standards establish a comprehensive set of requirements that provide sufficient safety and health protection for the recognized hazards, while meeting requirements.

The standards identified for material handling cover the hazards normally encountered in the course of working with cranes and with hoisting and rigging activities. The legal standard includes the Federal OSHA General Industry Standards (29 CFR 1910). Use and implementation of the above standard will be guided by California Safety Orders (CCR Title 8), appropriate ANSI standards, and the California Labor Code. These identified standards and implementation documents establish a comprehensive set of requirements that provides sufficient safety and health protection for the recognized hazards, while meeting legal requirements.

DOE 440.2 (Aviation) was selected as an external standard because it addresses procurement of chartered air services. There were no legal standards identified governing the procurement of chartered air services. Berkeley Lab does not own or operate any aircraft. Chartered air services are periodically procured to obtain overhead photography. Berkeley Lab has developed a written procedure to comply with DOE 440.2 requirements. No additional implementation measures are required.

Tools, Equipment and Pressurized Containers

The hazards associated with the use of tools, equipment and pressurized containers are addressed by the selected legal standards: 29 CFR 1910 (OSHA General Industry Standards) and 29 CFR 1926 (OSHA Construction Industry Standards). No additional internal or external standards are necessary to address these hazards. Berkeley Lab will use the appropriate sections of PUB-3000 to implement the selected standards. No additional implementation measures are required.

The standards selected as sufficient for the above areas are the OSHA General Industry Standards (29 CFR 1910) and the OSHA Construction Industry Standards (29 CFR 1926). These standards meet legal requirements and adequately address the hazards encountered in the above areas. Publication 3000, Chapter 5, the Lead Compliance, and the Confined Space programs are based on these standards and are used to implement them at Berkeley Lab.

Drinking Water

The legal standards selected for ensuring safe drinking water are 40 CFR 141, 142, & 143, which are the EPA primary and secondary drinking water standards. These standards provide a comprehensive list of possible drinking water contaminants and their maximum acceptable levels. Acceptable levels are based on health considerations as well as consumer acceptance. The Berkeley Lab Drinking Water Program is used to implement these standards. The American Water Works Association "Standard for Disinfecting Water Mains" (ANSI/AWWA C651-86) is also used as an implementation guideline because it contains disinfecting procedures that aid in compliance with the above EPA regulations.

Lighting (Illumination) of Work Areas

The legal standards selected for ensuring adequate illumination of work areas are the OSHA General Industry Standards (29 CFR 1910) and the OSHA Construction Industry Standards (29 CFR 1926). These standards contain lighting requirements that will result in a safe work environment. Chapter 11, "Illuminance Values" in the IES Lighting Handbook (8th edition) contains a table of lighting values that cover a wider range of work situations than the above legal requirements. Using these as guidelines will aid in providing a more comfortable and productive work environment for employees. Standards for general facilities lighting requirements and exit lighting are identified under a separate N&S issue ("Design and Review-Facilities Design").

Pesticide Application and Use

OSHA General Industry Standards (29 CFR 1910) and 40 CFR 170, 171 Subchapter E "Pesticide Programs," were listed as legal standards because they contain relevant requirements that address hazards involving pesticide application and use. OSHA General Industry Standards contain exposure limits for certain pesticides while 40 CFR 170, 171 Subchapter E, contains a wide range of legal standards pertaining to pesticide use and worker protection. The Berkeley Lab Chemical Hygiene and Safety Plan and the Respiratory Protection Program are used to implement these worker protection standards.

Traffic Hazards

The legal standards for traffic hazards include the California Vehicle Code (and implementing CCR sections), OSHA General Industry Standards (29 CFR 1910) and OSHA Construction Industry Standards (29 CFR 1926). The California Vehicle Code (and implementing CCR sections) was selected as the governing standard for vehicular traffic both on Berkeley Lab roadways and public roadways. The OSHA General Industry Standards (29 CFR 1910) and the OSHA Construction Industry Standards (29 CFR 1926) were selected because sections in these regulations pertain to traffic hazards. In addition, legal requirements (i.e., 29 & 49 CFR) were included to cover drug and alcohol use as well as testing for drugs. Berkeley Lab PUB-2134 (Drug and Alcohol Information Materials) and PUB-3000, Chapter 5, are based on the above legal standards and are used to implement them.

Workplace Ventilation

The legal standards selected for workplace ventilation are the OSHA General Industry Standards (29 CFR 1910) and the OSHA Construction Industry Standards (29 CFR 1926). Both of these required standards have numerous sections that contain ventilation requirements for the mitigation of workplace hazards. To implement the above legal standards, Berkeley Lab uses ASHRAE 62-1989, the ACGIH Industrial Ventilation Manual, and ANSI/AIHA Z9.5, which have extensive guidelines for ventilation system design and ventilation system operation. In addition, Berkeley Lab Health and Safety Manual (PUB-3000) and Chemical Hygiene and Safety Plan (PUB-5341) are also followed in the implementation of these standards.

Radiography-Equipment and Parts

Radiographic operations, although only occasionally performed on-site by Berkeley Lab staff or subcontractors, will follow 17 CCR 30330 to 30337 inclusive, Special Requirements for Radiographic Operations Other Than in the Healing Arts. The legal requirement that is applicable for radiation protection of workers conducting such operations is the same as for all radiation issues, 10 CFR 835. The Laboratory's Radiation Protection Plan will cover facilities operations.

In order to meet the timeline for the work smart process set by the process leader, the Accelerator and Fixed Radiation Sources Activity Team (hereafter called the Accelerator Team) decided to take a pre-emptive look at the issues associated with accelerators. This was done through the Analysis of Hazards Documents (AHDs) that are current for the Advanced Light Source and 88-inch Cyclotron. This was truly a "from the ground up" exercise, with the issues being identified by the researchers. These issues were later combined with the issues developed by the Integrated Functional Appraisal Team, which included appraisal of the isotope-production cyclotron. The full list is given below. Through this process we believe that we covered all aspects of hazards associated with accelerators and fixed radiation sources. In general, much of the worker-protection issues associated with hazards at accelerators and from fixed radiation sources are identical to those found in non-radiation producing laboratories (e.g., high voltage, gas handling, and lasers). The standards identified for such issues are contained mainly in the Codes of Federal Regulations, which are implemented with guidance given in standards from professional organizations like IEEE and ACGIH.

The set of issues associated with work unique to accelerators were identified as: radiation protection of on-site personnel; source irradiators and non-medical X-ray machines; unrestricted release of potentially volume activated material; and air activation. The legal requirement that is applicable for radiation protection of the worker, in all radiation issues, is 10 CFR 835. The Laboratory's Radiation Protection Plan will cover accelerators and will include the requirements of 10 CFR 835. The requirements will be addressed, however, in a manner similar to the way non-DOE institutions implement NRC and other external regulations (see Laboratory Safety Identification Team narrative). Safety systems that affect worker protection and are unique to accelerators will be implemented via guidelines included in LBNL Publication 3000, Chapter 21, and supplemented by applicable sections of NCRP 51 and 88, and SLAC Publication 327. Environmental standards are addressed by the Environmental ID Team. No legal standards are available for volume activation and, therefore, short term implementation will be in accordance with DOE Order 5400.5 Chapter II, 5.C and Chapter IV, 5.A, until an appropriate standard can be written. The DOE Office of Environmental Policy and Assistance has issued a memo "Application of DOE 5400.5 Requirements for Release and Control of Property Containing Residual Radioactive Material." This was selected as a standard because it contains provisions relevant to obtaining DOE approval for release of volume activated property. In addition to 10 CFR 835, PUB-3000 Chapter 21 is an internal standard for X-ray requirements. PUB-3000 X-ray requirements are supplemented by specific sections from ANSI Consensus Standard N43.2. In the case of gamma source irradiators, 10 CFR 835 was supplemented by selecting appropriate sections of ANSI 43.3. Sealed source control is addressed by the Laboratory Identification Team. These sets of requirements and supplemental standards will provide a workable and auditable work radiation protection environment.

Prompt Ionizing Radiation Radioactive Materials Non-Ionizing Radiation (RF/Microwave) Component Activation Air Activation Fire Hazardous Materials/ Chemical Exposure Electrical Rotating Machinery Crane Operation Pressurized Water Confined Spaces Compressed Gases Gas Explosion

Cryogenics Industrial (Fork Lifts, Hand Tools, etc.) Materials Handling and Storage Lasers Ozone Seismic Vacuum Noise Hazardous Waste Disposal Radiation Waste Disposal Decommissioning Oxygen Deficiency Heat Tapes Electrical Maintenance (Grounding, Rubber Mats , etc.) Pressure Vessels Magnetic Fields Explosive Fast Acting Valves

The Laboratory Safety Team considered a wide range of research activities at the Berkeley Lab. These activities fall into several very broad categories, and many of the issues overlap with those of other Identification Teams.

Very general worker protection coverage for research activities is provided by adherence to the basic OSHA regulations, 29 CFR 1910, Occupational Safety & Health and 29 CFR 1926, Safety & Health for Construction.

Many of the issues under this category are related to general chemical safety and the provision of adequate ventilation. To provide adequate protection, a range of standards will need to be implemented under a comprehensive Chemical Hygiene and Safety Plan, e.g., PUB-5341. Overall coverage will be provided by the use of both general and specific provisions of the OSHA standards (29 CFR 1910 and 29 CFR 1926), and by the American Conference of Governmental Industrial Hygienists (ACGIH) Threshold Limit Values (TLVs) for Chemical Substances. The ACGIH TLVs for chemical substances are chosen to supplement the OSHA Permissible Exposure Limits (PELs) because: 1) the TLVs are routinely updated and the PELs have not been updated in many years, and 2) the TLVs cover roughly one-third more chemicals than the TLVs. Berkeley Lab will use the TLVs to assist in determining when additional employee protection is needed. ACGIH states that the TLVs are "...recommendations or guidelines... to be interpreted and applied only by a person trained in this discipline..." (i.e., industrial hygiene), and the ACGIH "...does not advocate..." the use of TLVs "...as legal standards."

These standards are supplemented by relevant portions of the California Building Code and California Fire Code (especially for building design and material storage considerations). Some of the CFC and CBC Articles are very specific and relevant to work done at LBNL, and these passages have been identified. In addition to these widely used and recognized standards, there are some specialty uses of chemicals, or relevant areas where standard coverage is incomplete. An example is "Peroxidizable Chemicals," where the standards are still evolving but some very good preliminary data are available as to advisable practices. In this small number of cases, it was noted that internal standards should be developed. In addition to the standards noted above, a comprehensive chemical safety program must include reference to a wide range of guidance, including ACGIH, National Institute of Occupational Safety and Health (NIOSH), and American Industrial Hygiene Association (AIHA) documents. Other ANSI and NFPA documents give solid guidance on personal protective equipment (PPE) for chemical use. These latter documents, providing widely recognized guidelines on the shape and extent of the chemical hygiene and safety plan, were regarded as implementation documents. The transportation and disposal of chemicals was addressed by other Identification Teams, with input from Laboratory Safety.

Biological research at LBNL requires the application of a number of standards. Animal and human subject research is adequately covered under federal regulations. The OSHA Standard (specifically, 29 CFR 1910.1030) addresses work practices, controls, and training in a laboratory environment for employees working with bloodborne pathogens. More general research with infectious agents and recombinant DNA is not covered under established codes, and a number of National Institutes of Health (NIH) and Center for Disease Control (CDC) guidelines were adopted to address these needs. Since these are guidelines, Berkeley Lab will develop internal standards to address these issues. After those standards have been developed, the external standards will be used only as implementation guidance.

Food sanitation is addressed by the Retail Food Facilities Practices in Title 22 CCR, which provides comprehensive and adequate coverage for the standard food facility operation in place at the Berkeley Lab. The requirements are currently implemented at the state level for pertinent Berkeley Lab operations through an informal arrangement for inspections and consultation with food facility staff by the UC Berkeley EH&S Office Registered Environmental Health Specialist (REHS). This service is provided by the UCB REHS on a semiannual basis, and records of on-site activities are available for review by Berkeley Lab EH&S personnel. All interpretations of CURFFL requirements are consistent with those used to govern similar UCB food facility operations.

The issue of repetitive motion requires special mention. Although this is a category where there are a lot of lost time injuries, both at LBNL and elsewhere, this issue is bereft of established standards. Many partial standards and guidance documents were considered, and the California OSHA Proposed State Standard (7/96 Draft) should be used as a primary example of fairly fundamental performance-oriented requirements to help in developing an internal standard.

The selected standards for heat/cold stress from the ACGIH are uniquely discrete, widely recognized, and stand alone in the absence of other standards/requirements on the subject(s). The types of potential exposures, especially those related to field activities, that are most likely for Berkeley Lab employees match very well with the referenced standard(s). Note that ACGIH states that the TLVs are "...recommendations or guidelines... to be interpreted and applied only by a person trained in this discipline..." (i.e., industrial hygiene), and the ACGIH "...does not advocate..." the use of TLVs "...as legal standards."

Federal OSHA regulations provide integrated requirements for noise exposure limits, implementation of controls when noise exposure limits are exceeded, and maintenance of a hearing conservation program, and therefore adequately address noise exposure to employees at LBNL. Standards for local community noise levels generated by Berkeley Lab are addressed by the City of Berkeley Noise Ordinance (Chapter 13.40). Berkeley Lab will use this ordinance as guidance to control environmental noise on site.

There are a variety of pressure and vacuum usage issues addressed in the Standards Set. The coverage provided by specific sections of 29 CFR 1910 requires supplementing with some California Administrative Code, and by CGA information on pressure relief. The standards are implemented in one case by using ASME Boiler & Pressure Vessel Code, Section VIII, Divisions 1 & 2 as guidance, and in a number of cases by using LBNL PUB-3000 as guidance.

Use of compressed gases and gas cylinders covers both industrial and laboratory types of uses at LBNL. In addition to the general OSHA requirements, the CFC has specific relevant articles. Additional CGA, ANSI, CFC, and NFPA documents are used as implementation guidance to provide comprehensive and accepted coverage of the subject.

Electrical safety was considered in many different applications, ranging from the storage of energy in batteries and capacitors to the construction or modification of unique equipment for experimental studies (including electrophoresis units and lasers). With the adoption of the appropriate National Fire Protection Association (NFPA 70, National Electrical Code, and NFPA 70E) standards, and the use of some external documents by Underwriters Laboratory (UL), and American National Standards Institute (ANSI), as well as DOE (DOE Electrical Safety Guidelines, Section 10, "Research and Development") and internal documents (LBNL
PUB-3000) for implementation, research workers at LBNL will be well protected for electrical safety. The basic OSHA regulation was written for commercial application and some parts are not appropriate for unique laboratory applications and custom-built equipment. Occupational safety codes/regulations are to be applied where appropriate as determined by the LBNL Authorities Having Jurisdiction (AHJ), using an electrical safety committee to provide advice.

A small number of other occupational safety issues were addressed. Ovens, kilns, and furnaces are used for a variety of purposes, and adequate safety protection should be provided by use of a specific NFPA code and a California Fire Code article relevant to ovens. The unique use of tensile testing equipment on a laboratory scale has been adequately covered under the general conditions of 29 CFR 1910. The laboratory use of rotating equipment, mainly centrifuges, may require the application of some specific sections of an ANSI/UL standard, for implementation guidance, in addition to the general coverage of 29 CFR 1910.

LBNL will integrate the Radiological Protection activities relevant to worker protection, public protection and environmental protection into an overall Radiation Protection Program (RPP). The current RPP will be revised and will use the method by which non-DOE institutions are required to document their Radiation Protection Programs (regulatory basis: 10 CFR 20). The scope of such a program covers, but exceeds that of the legally mandated DOE Radiation Worker Standard, 10 CFR 835.

LBNL conducts a broad range of radiological activities, including biological and chemical reactions, use of sealed sources and radiation producing machines, and use of accelerators. In general, the worker protection aspects of these activities are adequately addressed by the DOE Radiation Worker standard, 10 CFR 835, which will be implemented in a manner consistent with 10 CFR 20 and other applicable external regulations. Since LBNL is a user institution, it is important that our programs be consistent with those at non-DOE institutions as much as possible. In assessing the full range of radiological hazards and issues at LBNL, a number of other standards were deemed appropriate to supplement and extend the protection provided by 10 CFR 835. These included some specific sections of 10 CFR 20, Title 17 CCR, and ANSI standards, and the International Air Transport Association (IATA) Dangerous Goods Regulations to supplement 49 CFR, Research and Special Programs Administration (hazardous materials regulations), and 49 CFR Part 397, Subpart D (radioactive materials routing). For instance, sealed source control is not addressed in 10 CFR 835, but is covered in CCR 17, applicable to California external facilities. The appropriate portion of the latter standard was selected so sealed source control at LBNL could be consistent with programs at external institutions. In some cases, external standards provide a more flexible means of implementing a risk-based Radiation Protection Program that meets the spirit of the DOE regulation, 10 CFR 835, yet is tailored to the LBNL workplace. Accelerator, irradiator, and X-ray safety issues were developed by the Accelerator Identification Team, in consultation with the Laboratory Safety Team.

Radiation protection of human subjects requires additional standards of review, informed consent, and training. These are provided by federal and state regulations and implemented using guidance issued by the National Council for Radiation Protection (NCRP).

The Berkeley Laboratory conducts research work involving such agents as lasers, static magnetic fields, ultraviolet (UV) and radiofrequency radiation sources. The research use of these agents is usually not addressed in federal codes, and a number of consensus standards were deemed necessary to address the potential hazards. In particular, ANSI standards address laser issues, IEEE standards are appropriate for RF fields, and ACGIH TLVs should be used for static magnetic field and UV source standards. ACGIH states that the TLVs are "...recommendations or guidelines... to be interpreted and applied only by a person trained in this discipline..." (i.e., industrial hygiene), and the ACGIH "...does not advocate..." the use of TLVs "...as legal standards." In addition, the Safety Identification Team felt that hazards communication for physical agents such as these is not as well developed as for chemical issues. The Laboratory should develop an internal standard for this area, and implement it following the guidance of the section of DOE 440.1 dealing with hazards communication.

	ISSUES	ID TEAM LEAD	SUBJECT MATTER EXPERT(S)
Above Ground Storage Tanks and Transformers	Ron Pauer	Robert Fox
Accidential Release Reporting	Ron Pauer	Nancy Shepard
Air Emissions	Ron Pauer	Pat Thorson, Henry Tran, Steve Lasell
Asbestos	Ron Pauer	Pat Thorson, Paul Davis
Cultural Resources	Carol Kielusiak
Emergency Preparedness	Ron Pauer	Don Bell
Endangered Species	Carol Kielusiak
Environmental Protection Planning (CEQA)	Carol Kielusiak
Environmental Radiation Protection	Ron Pauer	Steve Lasell
Equipment Containing Polychlorinated Biphenyls	Ron Pauer	Charles Smith
Floodplains and Wetlands	Carol Kielusiak
Hazardous Material Management	Ron Pauer	Jack Salazar, Dave Tudor, Nancy Shepard
Hazardous Waste and Mixed (nonrad)	Tim Wan	Stan Terusaki
Medical Waste	Tim Wan
Ozone Depleting Substances	Carl Schwab	Gary Lavagnino
Radioactive Waste and Mixed (rad)	Mike Schoonover	Stan Terusaki
Release of Potentially Rad Material to the Public	Ron Pauer	Henry Tran, Steve Lasell
Sanitary Sewer Discharges	Carl Schwab	Steve Black, Henry Tran, Steve Lasell
Site Environmental Report	Ron Pauer	Steve Black
Site Restoration	Carl Schwab	Susan Fields
Soil and Groundwater Protection	Carl Schwab	Steve Black
Surface and Storm Water Discharges	Ron Pauer	Ginny Lackner, Henry Tran, Steve Lasell
Underground Storage Tanks	Carl Schwab	Trang Ha
Waste/Nonhazardous	Tim Wan	June Schwabe

The Berkeley Lab conducts it activities with the highest regard for protection of the environment and the health of the surrounding community. Since these activities often involve the use of hazardous materials, a strong link between potential hazards and the appropriate set of standards must be maintained. As a result, a team of experts in various aspects of environmental protection has been assembled to establish the appropriate set of standards for each hazard.

As a public agency, Berkeley Lab assists the University of California (UC) Regents in complying with the California Environmental Quality Act (CEQA). Approval authority has been formally delegated to the Berkeley Lab Director from the UC Regents for projects under $5 million. Therefore, CEQA and its implementing regulations were determined to be necessary legal requirements. However, National Environmental Policy Act (NEPA) standards specifically state that compliance is the responsibility of federal agencies, such as DOE, and cannot be further delegated. The current practice is for the Lab to assist DOE to comply with NEPA requirements. As a formal agreement between the Lab and DOE does not exist, the federal standards were not selected.

The federal laws and regulations regarding cultural resources require DOE to identify archaeological and historical resources present on their property, and to take proper steps to preserve or otherwise mitigate impacts to these resources. Additionally, DOE must consider the effects of their actions on archaeological and historical resources located on other lands. The current practice is for the Berkeley Lab to voluntarily assist DOE to meet these requirements. Because no formal agreement exists to assist DOE to comply with these standards, the National Historic Preservation Act, the Archaeological and Historic Preservation Act and their implementing regulations were not selected as required standards.

The federal Endangered Species Act was selected as a legal requirement because it requires the Lab to ensure that actions it authorizes, approves, and implements would not jeopardize the continued existence of threatened or endangered species and their habitat(s). The Lab contains potential habitat for listed endangered species and also contains an additional species proposed for listing by the state. In addition, work performed off-site may be impacted by this requirement. Since the federal Act has not waived its sovereign immunity for federal facilities, the state Endangered Species Act is not a legal requirement; however, DOE voluntarily complies and the Lab assists DOE in this practice. Since a agreement does not exist between the Lab and DOE regarding the state law, this standard was not determined to be a requirement for the Lab. As a matter of implementation, the Lab, however, will voluntarily continue to work with DOE to ensure compliance with the state Endangered Species Act.

In the federal Clean Water Act (CWA), there are provisions requiring DOE and Berkeley Lab to consider the effects of their projects on floodplains and wetlands. At Berkeley Lab, some on-site activities could affect wetlands in certain areas. In addition, Lab projects conducted off-site have the potential to impact floodplain or wetland areas. In some cases, DOE requires applicants for DOE financial assistance or other entitlements to submit a report on a proposed floodplain/wetlands action. Therefore, the floodplains and wetlands provisions of the CWA and the corresponding regulations in 10 and 33 CFR were selected as necessary legal requirements. Since sovereign immunity has been waived in the CWA, related provisions at the state level in the California Fish and Game Code were determined to be a necessary legal requirement. The Executive Orders for Floodplain Management (No. 11988) and Protection of Wetlands (No. 11990) were not selected since these represent requirements for DOE. However, the Lab will continue to voluntarily assist DOE to comply with the Executive Orders.

Emissions to the air from the Berkeley Lab and phase-out of ozone-depleting substances (ODS) are regulated by the Clean Air Act (CAA). Regulations for both radionuclide and non-radionuclide emissions and for ODS have been established in 40 CFR. Since sovereign immunity has been waived under the CAA, state and local regulations, not otherwise preempted by federal or state standards, were also determined to be necessary legal requirements. At the state level, requirements for non-radionuclide emissions have been established by the California Clean Air Act and its implementing regulations in Title 17. In addition, local air districts have been created by the state. The Bay Area Air Quality Management District has established a set of standards for implementing the federal and state requirements which apply to the Berkeley Lab. For radionuclide emissions, required standards are administered at the federal level by EPA. Since no formal agreement exists between the Lab and DOE, Executive Order (No. 12843, requiring DOE to implement procurement requirements and policies for federal agencies to handle ozone-depleting substances) was not selected as a necessary standard. However, the Lab will continue to voluntarily assist DOE to comply.

The environmental protection standard set for asbestos is consistent with that for non-radionuclide air emissions. For worker protection, asbestos standards have been prescribed in the Occupational Safety and Health Act (OSHA) and in its implementing regulations in 29 CFR.

The Clean Water Act (CWA), and its implementing regulations in 40 CFR, establish standards for discharges to surface/storm water and sanitary sewers. Since sovereign immunity was waived for the CWA, state and local standards apply to discharges to navigable waters. Therefore, the California Porter-Cologne Water Quality Control Act; ordinances by Berkeley, Oakland and East Bay Municipal Utility District; and appropriate implementing regulations were also selected as necessary legal requirements. However, these standards do not apply to radioactive materials, as these are regulated by the Atomic Energy Act (AEA). Standards for radioactive materials are discussed below.

The CWA was also selected as a necessary legal requirement for the storage of hazardous materials in aboveground tanks. Implementing regulations are found in both 40 and 29 CFR. At the state level, the California Aboveground Storage Act (to the extent involving discharges to navigable waters) and Articles 79 and 80 of the Fire Code were selected, since these standards contain requirements for the control of water pollution from aboveground tanks.

Requirements for the storage of hazardous materials in underground tanks have been established in the Resource Conservation and Recovery Act (RCRA) and its implementing regulations in 40 CFR. Since sovereign immunity has been waived with respect to RCRA, requirements in the California Health and Safety Code and in Title 23 apply. As the local implementing agency, the City of Berkeley's Ordinance for Hazardous Materials Management was also selected as a necessary legal requirement.

A hazardous materials inventory is legally required by the Emergency Planning and Community Right-to-Know Act (EPCRA) for facilities in SIC numbers 20-39. Since the primary SIC number for the Berkeley Lab is 8733, the preparation of a hazardous materials inventory is not a legal requirement. Executive Order (No. 12856) does require DOE to comply with EPCRA and Berkeley Lab voluntarily assists DOE to comply. However, since a formal agreement between the Lab and DOE does not exist, the EPCRA standards were not selected. Also not selected were the state and local requirements related to EPCRA because sovereign immunity has not been waived by EPCRA. However, the Lab will continue to voluntarily comply with state and local requirements (to the extent that the reporting thresholds are identical to the state levels) related to EPCRA.

Standards regarding equipment in use, containing polychlorinated biphenyl (PCB), have been established by the Toxic Substance Control Act (TSCA) and its implementing regulations in 40 CFR. At the Berkeley Lab, these standards apply to PCB-containing electrical equipment, such as capacitors. Administration of this standard is at the federal level, so no state or local standards apply. TSCA also contains requirements regarding the disposal of PCB equipment. Additional requirements for disposal have been established by RCRA and this issue is addressed in the Waste Management section below.

DOE currently has not finalized its regulations in the area of environmental radiation protection; however, draft regulations (10 CFR 834) are pending approval for final issue. Since 10 CFR 834 is pending, it was necessary to review the current DOE standards (Order 5400.1 and Order 5400.5) and guidance documents, and to select standards which provide an industry standard site program. Establishing standards which include all issues of an industry standard site program is important in assuring the protection of the public and environment. Also considered as part of the standard selecting process was the cost to both Berkeley Lab and DOE of implementing the selected standard and the pending approval of 10 CFR 834. In DOE Order 5400.1, specific paragraphs of Chapter IV were selected as necessary external standards to establish the requirements for an environmental monitoring program. In DOE Order 5400.5, specific paragraphs of Chapter II were selected to establish the necessary external standards for public dose limits, determining reasonable emission reductions, release of property, performing dose evaluations, reporting and records management, and Chapter IV, for residual radioactive materials. In addition, the DOE implementation guidance, to the extent that it modifies the selected portions of Order 5400.5, was also selected as a necessary external standard. This guidance updates the level of tritium surface contamination with respect to releases of materials to the public and allows for DOE/OAK approval of Berkeley Lab release criteria with respect to materials with contamination above background levels. By not selecting entire DOE standards and guidance documents, many of the costly, non-value-added, prescriptive elements were eliminated. In addition to the DOE Orders, the domestic water quality standard in Title 22 was selected as an external standard because it establishes gross alpha and beta limits in drinking water which are used to evaluate environmental monitoring data.

Preparation of a site environmental report is not a legal requirement. However, it was determined that there is value added in the distribution of an annual report, similar in format and content to reports provided by private industry and by facilities regulated by the Nuclear Regulatory Commission. By selecting only portions of the DOE Manual, which is referenced by the DOE Order cited, the prescriptive format and content requirements provided in DOE Headquarters guidance documents are eliminated. This will allow the format and contents to be revised so that the report is appropriate for activities at Berkeley Lab. For example, selecting October 1 as the deadline each year has been determined to be reasonable. These requirements are consistent with those proposed in 10 CFR 834. Implementation of this standard should result in a more reasonable report requiring less cost to prepare and review, while providing useful information to the general public.

Hazardous, radioactive, mixed (hazardous and radioactive), and medical wastes are generated by a wide variety of research and support activities at the Berkeley Lab. These wastes are managed at its Hazardous Waste Handling Facility, waste and satellite accumulation areas, and fixed treatment units located throughout the site, and either treated on-site or shipped off-site for disposal.

The federal and state laws and regulations provide a comprehensive set of requirements for the management of hazardous waste and the hazardous components of mixed waste at the Berkeley Laboratory. Federal requirements have been established by the Resource Conservation and Recovery Act (RCRA) and related regulations in 40 and 29 CFR. The California Hazardous Waste Control Law and its implementing regulations in Title 22 and the Berkeley Municipal Code (to the extent applied to generator areas) were determined to be necessary legal requirements since sovereign immunity has been waived for federal facilities under the RCRA. In addition, the Lab has prepared a Site Treatment Plan for Mixed Waste, which has been approved by California EPA, that contains additional legal requirements. In addition, Waste Acceptance Criteria imposed by treatment, storage and disposal facilities are recognized as appropriate external standards.

Requirements for the management of radioactive wastes and the radioactive components of mixed waste are prescribed in DOE Order 5820.2A. Chapters II, III, IV, and V of the Order establish the standard set required by DOE for the Lab to comply and invoke the Waste Acceptance Criteria (WAC) of the disposal sites. These chapters cover transuranic, low-level, and accelerator-produced wastes, and wastes generated as a result of decommissioning facilities. The quality assurance references from this Order were not included because the level of hazard of Berkeley Lab waste does not warrant a standard developed for high risk operations. In addition, the WAC are important for protecting the public, worker safety and health, and the environment at the disposal sites. Specifically, they create important limitations on waste composition and the packaging.

The Medical Waste Tracking Act contains requirements for medical waste, and was selected as a necessary legal requirement. Related regulations have been established in 29 CFR. In addition, the California Medical Waste Management Act was also selected because it contains additional necessary legal requirements.

Department of Transportation (DOT) requirements in 49 CFR, along with California Vehicle Code and implementing regulations (to the extent not preempted by DOT requirements), and 40 CFR and 22 CCR (hazardous waste transportation provisions), were selected for off-site transportation of hazardous, radioactive, and mixed wastes because they legally apply to transportation of materials on public roads and for a commercial purpose. Since on-site roads are not considered public roads and transportation by Berkeley Lab on such roads is not for commercial purpose, these standards were not selected for on-site transportation of wastes.

The Resource Conservation and Recovery Act (RCRA) was selected because a Facility Assessment (FA) was conducted at the Berkeley Lab by the California Environmental Protection Agency, Department of Toxic Substances Control (DTSC) in 1991, and a report was prepared which summarized their findings. The Clean Water Act and its related state law (the California Porter-Cologne Water Quality Control Act) were also selected because these activities typically involve discharges of pollutants to navigable waters. As a result of the FA, DTSC determined that there have been releases of hazardous materials or wastes to the soil and groundwater. The FA identified potential Solid Waste Management Units (SWMUs) and Areas of Concern (AOCs). RCRA and corresponding federal regulations in 40 CFR require that hazardous waste permits address corrective action of all releases. With respect to underground storage tanks, the requirements for corrective actions are prescribed by state regulations in Title 23. In May 1993, Berkeley Lab was issued an RCRA Hazardous Waste Facility Permit to operate its Hazardous Waste Handling Facility. The Permit requires Berkeley Lab to investigate and address problems associated with past releases at the Berkeley Lab site. Since the corrective action process includes the installation of monitoring wells, ordinances by the State Water Resources Control Board and the City of Berkeley were selected also.

Berkeley Lab's emergency preparedness program is based on a response to credible scenarios which include an earthquake on the Hayward Fault, wildland fire in the Oakland/Berkeley Hills, and small spills or releases of hazardous materials. The Lab is similar to a light industrial facility or university campus with comparable hazards. The Lab shares with the local jurisdictions the same hazards, response challenges, and resources; therefore, adopting similar standards allows the Lab to be consistent with the state and local emergency planning process. Lab emergency management staff participate in drills and exercises with the cities of Berkeley and Oakland, Alameda County, and the University. The Lab's Fire Department also participates in a state-wide mutual aid program. The Lab participates in the University of California system-wide emergency management council. The standards identified in Titles 29 and 40 of the Code of Federal Regulations are legally required and commonly used among all participating agencies. In addition, NFPA 1600 was chosen because it establishes disaster management criteria for the Lab's development and maintenance of a program for effective mitigation, preparedness, response, and recovery from the hazards identified during the hazards assessment. In addition, the California Health and Safety Code and local risk management prevention plan requirements are legally required to the extent involving prevention of accidental releases to air.

Standards for release reporting have been established in various federal laws, including the Comprehensive Environmental Recovery, Compensation and Liability Act (CERCLA), Clean Water Act (CWA) and Clean Air Act (CAA), all of which were selected as necessary legal requirements. Waivers of sovereign immunity in the CWA, CAA, and RCRA resulted in the selection of related state and local requirements as legal requirements. Berkeley Lab also voluntarily reports accidental releases where sovereign immunity has not been waived pursuant to state and local codes (to the extent that local reporting thresholds are consistent with those of the state).