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March 1, 2000, Wednesday

SECTION: PREPARED TESTIMONY

LENGTH: 4196 words

HEADLINE: PREPARED TESTIMONY OF DAVID MICHAELS, PHD, MPH ASSISTANT SECRETARY FOR ENVIRONMENT, SAFETY AND HEALTH
 
BEFORE THE HOUSE COMMITTEE ON SCIENCE SUBCOMMITTEE ON ENERGY AND ENVIRONMENT
 
SUBJECT - FISCAL YEAR 2001 BUDGET REQUEST

BODY:
 I appreciate the opportunity to present the Fiscal Year 2001 budget request for the Department of Energy's (DOE) Office of Environment, Safety and Health (EH). The total budget request for EH is $166 million. Of the total EH budget, $40 million falls in the non-defense area.

There is no question that in this year and the years ahead the Department and its workers will continue to face complex environment, safety and health challenges. In the face of these challenges, however, we continue to hold the base budget request for EH to levels consistent with or less than those of the past two years. We have achieved this by continuing to streamline the organization and restrict the use of support service contractors. The increase shown in the budget request reflects heightened safety and health activities at the three gaseous diffusion plants and also includes projected costs of a proposed health compensation program should it become law.

Office of Environment, Safety and Health Activities The work of the Office of Environment, Safety and Health is governed by the imperative to prevent accidents, illnesses, and environmental damage associated with DOE operations. EH is responsible for the independent environment, safety and health oversight program in the Department and the enforcement of nuclear safety rules as required by the Price Anderson Amendments Act. The Office is also responsible for providing guidance on environmental analyses required by the National Environmental Policy Act (NEPA). We have seen that comprehensive environment, safety and health oversight and planning of future activities -through tools such as the Department's Integrated Safety Management program and the NEPA process -- can help avoid problems that have plagued past DOE operations.

EH operates independently of the Department's mission-oriented program offices and reports directly to the Secretary. The Office directly supports the Secretary in the development of internal environment, safety and health policy, the management of corporate environment, safety and health programs, and the implementation of independent environment, safety and health oversight. The Office is modeled upon that of a safety office in a major, first-class corporation. As the best performers in the private sector have recognized, such an internal safety organization is the key to safety and also credibility with the public.

The Office of Environment, Safety and Health conducts its functions in four business lines -- DOE-wide ES&H Programs, Independent Oversight and Enforcement, Health Studies, and National Environmental Policy Act implementation. These business lines are supported by an Office of Planning and Administration. As the attached chart shows, the Health Studies, Oversight and Enforcement programs are funded in defense accounts under the jurisdiction of the Armed Services Committees.

DOE-Wide ES&H Programs

The FY 2001 budget request of $20 million for DOE-Wide ES&H Programs supports activities that either require unique expertise housed in EH, independence from line program involvement, or are crosscutting in nature. Programs are diverse and include the radiation exposure accreditation program, guiding criticality operations at nuclear facilities, support for the DOE complex in meeting environmental requirements, and worker safety programs. Because of budget reductions, the Office of Environment, Safety and Health no longer provides technical assistance to the various line management programs.

This year's budget combines several safety analysis activities -- previously carded out in separate organizations --- into a single, integrated office funded at $1.0 million. This function serves as the basis for setting policy, guidance and onsite oversight agendas. Products include complex-wide and site-specific analyses, topical analyses, oversight investigation team preparation, emergency management studies, event analyses, "lessons-learned" studies and performance indicators. These analyses involve complex assessments and analyses of environmental, safety and health problems and risks, such as technical reviews that support specific management decisions, site- wide vulnerability studies of DOE's hazardous material inventories, development of engineering solutions to safety problems in the field, and analyzing safety and risk trends through performance indicators. Data management activities provide a baseline of performance data on which to evaluate sites against DOE policies and requirements.

Oversight

The EH Office of Oversight with a FY 2001 budget request of $8.0 million is the DOE's independent oversight function for environment, safety, and health. Its mission is to provide an accurate and comprehensive view of the effectiveness, vulnerabilities, and trends of the Department's programs in environment, safety, and health. Safeguards and security oversight functions previously included with this office have been transferred to the Office of the Secretary.

Oversight staff provides DOE management with a professional, systems- approach to oversight. This is accomplished through the use of analytical tools including comprehensive, sitespecific assessments of environment, safety and health management called Safety Management Evaluations. These evaluations play critical roles in management decisions. In Fiscal Year 1999 the Office conducted safety management evaluations at the Oak Ridge Y-12 Plant, Rocky Flats Environmental Technology Site, the Yucca Mountain Project, the Nevada Test Site, and Brookhaven National Laboratory. This year, at the request of the Secretary, the Office recently completed comprehensive investigations into historical environmental, safety and health activities at the Paducah Gaseous Diffusion Plant. Similar investigations are underway at the Portsmouth Ohio and Oak Ridge gaseous diffusion plants.

The Office of Oversight is also responsible for independent investigations of major accidents or injuries. In fiscal year 1999, the Office conducted three "Type A" accident investigations -- where worker injuries are more serious -- and five "Type B" accident investigations. Analytical studies are also conducted on crosscutting topics such as subcontractor safety, electrical safety, and fire protection help identify vulnerabilities across the complex.

In the past year the Office of Oversight has taken on added responsibilities in several areas. The first is to report on the Department's progress in addressing safety and emergency response non- compliances and completing related corrective actions. The Office will also take on a new role in the oversight of the Department's occupational health clinics with the support of the Accreditation Association for Ambulatory Health Care that has developed nationally recognized standards for occupational health care services. Finally, oversight efforts now include environmental audits, including the conduct of regulatory audits at facilities, audits of compliance with toxic release inventory reporting, and emergency planning.





The Office of Enforcement and Investigation, funded at a level of $792,000 this year, and with a request of $975,000 in Fiscal Year 2001 and funded this is responsible for assessing and enforcing contractors' compliance with nuclear safety rules (promulgated pursuant to the Price-Anderson Amendments Act of 1988). This office employs a graded approach that focuses enforcement actions on the most critical safety issues and encourages contractors to avoid penalties by taking action to identify, self-report and correct violations. A core headquarters staff coordinates with enforcement staff in the Department's field offices to effectively implement this program.

In its first four years of operation the Enforcement program issued 44 enforcement actions, including $2,957,500 in civil penalties. Of this amount, $935,625 was waived due to the statutory exemption for specific not-for-profit contractors at the national laboratories.

Health Studies

The Office of Health Studies funds epidemiologic studies and public health activities relating to the community and occupational health impacts of DOE operations. The key to designing effective health protection strategies for workers and communities is understanding the relationships between exposures to radiation and chemicals and potential health effects. Our goals are prevention of illness and injury, and promoting better worker protection standards and effective response to the health concerns of workers and communities. Highlights of the major efforts in FY 2001 follow.

Monitoring Programs and Emergent Worker Health Issues ($14. 7 million). Surveillance of the DOE workforce is the cornerstone of our ability to detect any occupationally induced pattern of illness. Such surveillance helps target areas where intervention could prevent worker disease or exposure to hazards and identify areas where studies are needed to develop better, scientifically accurate health standards for the DOE workplace. A summary of several critical programs and request FY 2001 funding levels is provided below. EH manages several important programs in this regard.

- Beryllium Health Screening Program ($3.2 million). Beryllium and its compounds were used widely in the production of nuclear weapons and can cause a serious and debilitating lung disease. The standards and work practices designed to limit exposures, originally established in the early 1950s, were felt to have eliminated the problem of "chronic beryllium disease." However, recent advances in our understanding of the immune system, and the development of new laboratory tests, have shown that some workers become sensitized to beryllium and develop the disease despite adherence to the standards. Consequently, the Department has tightened its restrictions on worker exposure to beryllium and recently issued a new rule to protect workers from beryllium exposures.

Since 1991, a screening program has examined over 9800 workers for signs of sensitivity and identified more than 100 workers with chronic beryllium disease. The program was expanded to additional sites in FY 2000 including Ames Laboratory, Argonne National Lab, Lawrence Berkeley, Brookhaven, Iowa Army Ammunition Plant, Lawrence Livermore, Fermi, Oak Ridge, Los Alamos, Pantex, Kansas City, Sandia, East Tennessee Technology Park, Hanford, Idaho, and Savannah River. We expect to conduct about 300 tests per month. A national Worker Beryllium Exposure Registry now under development will track workers at risk for chronic beryllium disease throughout the complex.

Medical Surveillance Program for Former Workers ($10. 7 million). In response to Congressional direction, the Department has designed and implemented a pilot program to identify and evaluate the health of former DOE employees who may have been subject to significant health risks resulting from exposure to hazardous substances during their DOE employment. Ten cooperative agreements have been awarded to consortia of unions and universities. All projects have completed "needs assessments" and have begun medical monitoring of workers. Our goal is to complete these initial pilot projects by the end of FY 2002.

Based on findings of occupationally-related illnesses in former workers examined by these ongoing pilot projects, the fiscal year 2001 budget request includes $4 million for an expansion of the program to other major DOE sites based on a competitive solicitation to be announced later this year.

- Epidemiologic Surveillance Program ($3.3 million). This program monitors illness and injury and assesses the overall health of the DOE work force. Epidemiologic surveillance includes more than 60,000 current workers and identified groups that may be at increased risk for occupational injury and illness. The program facilitates interventions that reduce or eliminate risk and provides a means by which the effectiveness of these corrections can be measured. Special analyses of at-risk populations in the workforce augment the program's core surveillance activities. Annual reports are provided to site workers and management and are available via the Internet.

Public Health Activities. DOE funds an independent, peer-reviewed program of epidemiologic studies and public health activities related to potential health effects of DOE operations. The FY 2001 funding request is $22.8 million. The program is managed by the Department of Health and Human Services (HHS), including the National Institute of Occupational Safety and Health, National Center for Environmental Health, and the Agency for Toxic Substance and Disease Registry. Since 1990, 27 health studies and environmental dose reconstruction projects have been completed under this program, with nearly another 100 under way.

With the support of Congress, the Department and the three HHS agencies have worked with communities to develop a coordinated agenda of health studies at DOE sites to ensure that the health needs of communities and workers at DOE sites are effectively and efficiently addressed. Studies supported by this program have been integrated into the overall public health agenda and a single Memorandum of Understanding between DOE and HHS. The agenda is a "living document" that establishes clear priorities based on site-specific public health needs and was established with significant input from the affected worker and community populations. For each site, the agenda describes what is already known about the environmental contamination legacy, workers' exposures, and the health of communities and workers; a review of all ongoing public health activities conducted or supported by the HHS agencies and DOE; identification of gaps in our knowledge and any unanswered public health questions or needs that can be used to improve the health of communities and workers.

In Fiscal Year 2000, activities will include completion of the first study of the health of female DOE nuclear workers, establishment of a community health working group in Oak Ridge to guide future health activities, and initiation of a major "dose reconstruction" effort to estimate off-site health risks at Los Alamos National Laboratory. All data collected during the course of such studies are submitted to DOE's Comprehensive Epidemiologic Data Resource where they offer unlimited opportunities for independent scientific inquiry.

Japanese Atomic Bomb Survivors ($13.5 million). The Department and the Japanese government co-fund the Radiation Effects Research Foundation's continuing studies of the Abomb survivors in Hiroshima and Nagasaki. This program is the longest and most important continuous study of radiation health effects in the world and forms the basis of what we know today regarding the incidence of cancer and non-cancer diseases associated with acute radiation exposure. These studies continue to hold great promise for significant new scientific knowledge concerning the health effects of radiation exposure which can be used for improving the basis for radiation protection standards and practices both in the U.S. and worldwide.

Russian Studies ($4.5 million). Of particular note is the collaborative effort between Russian and American scientists to study a unique set of population and worker exposure data from nuclear weapons production activities in the Russian Federation. There are data on more than 45,000 people, 18,000 of whom were employed between 1948 and 1972. These data include complete dosimetry and detailed inpatient and outpatient medical records. The exposures of the workers were many times greater than those experienced by workers in Western facilities, and this research could lead to improved.definition of radiation protection standards. As a necessary and notable first step in these studies, we have completed a records preservation activity that will permanently preserve these records -- many of which were kept in poor condition that risked their destruction.

Marshall Islands ($6.3 million). Assessing the public health impacts of releases from nuclear weapons testing has been an important part of DOE's health studies program. The DOE Marshall Islands Program provides medical surveillance and care for the peoples of the Republic of the Marshall Islands (RMI) exposed to radioactive fallout from a 1954 U.S. thermonuclear weapon test, as well as environmental monitoring and characterization, and dose assessment in areas of the RMI most affected by radioactive fallout. Of the 239 individuals exposed in 1954, 130 survive today.



This population is at a greater risk for developing certain endocrine problems, such as thyroid disease and therefore receives annual thyroid examinations and thyroid function blood tests, as well as ultrasound diagnostics and needle biopsies as appropriate.

The Department's radiological environmental monitoring program conducts environmental radiological surveys and plant uptake studies at four Marshallese atolls. Over the past 13 years, the Department, through Lawrence Livermore National Laboratory, has conducted extensive radiological surveys to establish the levels of cesium-137, plutonium and other radioactive materials in the environment and in particular in food plants. Research has shown that application of potassium chloride fertilizer on the radioactively contaminated soils dramatically reduces the uptake of cesium in plants.

The Department maintains an Internet site that serves as an easy and effective way to make historical documents relating to the 1946-58 nuclear weapons testing program in the Northern Marshall Islands accessible to the Marshallese and the public. The searchable database of more than 10,500 documents makes available important information to government officials and others concerned with policy and compensation, and is also of great interest to historical researchers.

Exposure Compensation Initiative

In recent years the Department has heard increasing concerns from current and former workers who believe that their health has been impaired by DOE operations. For the most part, these workers have not been eligible to receive workers' compensation benefits, because of the difficulty of linking certain illnesses to work conditions.

Another group of workers with serious health concerns is those workers who worked with beryllium metal. With these workers, there is no question of the link between work at DOE and the debilitating lung disease that often results from beryllium exposure. State workers' compensation systems, however, are not generally equipped to deal with diseases like berylliosis that are progressive and often do not manifest themselves until years after exposure.

To begin to address these issues, the Administration has proposed legislation (introduced in Congress as H.R. 3418 and S. 1954) to provide workers' compensation benefits to victims of beryllium disease. The proposed legislation also includes a one-time compensation payment to certain workers at the Paducah Gaseous Diffusion Plant, who have diseases linked to radiation exposures, and a pilot program for a group of workers at Oak Ridge. The budget proposal contains funds of $17 million that would support funding for the first year of that program, assuming its passage by Congress and the swift adoption of implementing regulations.

In addition, President Clinton also directed the Departments of Defense, Justice, Labor and Energy, and the Office of Management and Budget to participate in an interagency review, led by the National Economic Council, focusing on whether illnesses other than those caused by beryllium exposure should warrant inclusion in such a program. The President directed the group to report back to him with findings and recommendations by March 31, 2000. As part of that process, a subcommittee of the group has prepared a draft report that examined the linkage between workplace exposure to a variety of substances used in the DOE complex. That draft report is currently under review by the National Economic Council and will be examined in the context of other ongoing work by this interagency group.

Gaseous Diffusion Plant Initiative

A number of serious environment, safety and health concerns have been raised by workers and in the media concerning the operations of the gaseous diffusion plants in the Department of Energy. Imminent hazard site reviews at the DOE's three gaseous diffusion plants, at Paducah, Portsmouth and K-25/East Tennessee Technology Park (ETTP) in Oak Ridge, found no issues warranting the shut down of current operations. However, significant "legacy" issues remain concerning past practices' impact upon the environment, public, worker safety and health and the cleanup of these sites.

The FY 2001 request is $12.0 million. FY 2000 activities are funded at a level of $6.0 million from within available funds and the Department has requested a FY 2000 Supplemental Appropriation of $10.0 million to expedite these activities. Office of Environment, Safety and Health has initiated four activities to investigate legacy issues associated with the DOE's gaseous diffusion plants.

-- independent investigations at the three plants to document current and past practices; Oversight investigations of the Paducah Gaseous Diffusion Plant and the Portsmouth Gaseous Diffusion Plant will be completed in FY 2000. Inspection of the East Tennessee Technology Park will begin at the end of FY 2000. FY 2001 funds would be used for the following activities: evaluation of the facility authorization bases to assure they reflect changing conditions and hazards; evaluation of the implementation of the Department's Integrated Safety Management Policy; evaluation of industrial safety and health, radiation protection, and environmental protection and restoration programs; assessment of the implementation of the comprehensive corrective action plans.

-- a "mass balance" project to review the characteristics and flow of recycled uranium throughout the Department. This project is scheduled to be completed in the summer of 2000. The mass balance project information will be useful in establishing worker medical surveillance protocols and characterizing materials that may have been released to the environment;-- an exposure assessment project to establish worker radiation exposure profiles at the Paducah, Portsmouth, and ETTP sites. The first phase of the exposure assessment project is scheduled to be complete in the summer of 2000 with a summary of radiological issues that may have affected worker health and safety. The report will also include preliminary worker occupational radiation exposure profiles for paducah and Portsmouth; and

-- expanded medical surveillance of current and former gaseous diffusion plant workers. This project began in FY 2000 and will continue in FY 2001. This project will accelerate the existing medical screening program for former workers at the three gaseous diffusion plants and expand the program to provide medical surveillance of current workers. By October 2001, the expanded program will provide medical screening to 5,750 current and former workers to determine the presence and prevalence of worker adverse health effects from workplace exposures.

National Environmental Policy Act

The NEPA office ensures that DOE complies with the National Environmental Policy Act and, in doing so, provides a process that enhances managers' decision making, builds public trust, and minimizes the cost and time for document preparation. In Fiscal Year 2001 the office will provide compliance assurance and policy reviews and exercise quality control in the preparation of approximately 15 major environmental impact statements (EISs), including the Surplus Plutonium Disposition Final EIS and Record of Decision; Oak Ridge Y-12 Plant Site-Wide Draft EIS; Idaho High-Level Waste and Facilities Disposition Final EIS; and Civilian Nuclear Energy Research and Development and Isotope Production Programmatic (including Fast Flux Test Facility) Draft EIS. The FY 2001 funding request is $2.0 million, the current level of funding.

Management and Administration Program Direction

Support functions of the Office of Environment, Safety and Health, including overall resource management, budget planning and execution, training, personnel, travel, and the working capital fund, make up the EH Office of Planning and Administration. This includes funding for the federal staff of 308 Full Time Equivalents. Major activities include: Information management and data bases that support the Office of Environment, Safety and Health including reporting, tracking and trending systems, and the EH Technical Information Services. Technical training to maintain and improve the technical competence and skill mix of EH staff. Fiscal Year 2001 budget request is $52.6 million. FY 2000 funding is $53.8 million.

Mr. Chairman, that completes my statement. I would be pleased to answer questions from members of the Subcommittee.

END



LOAD-DATE: March 3, 2000




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