During its years of rocket engine tests and nuclear research and operations, SSFL’s soil became contaminated with chemicals and radionuclides. Several accidents occurred in nuclear facilities, including the 1959 SRE core damage accident (see section on the Sodium Reactor Experiment). In addition, groundwater under SSFL is contaminated (principally with the solvent, TCE) following some 30,000 rocket engine tests. Extensive characterization has been completed for chemicals and radionuclides. The majority of SSFL buildings and facilities have been decommissioned and removed, and numerous interim soil cleanups have been conducted. DTSC leads site cleanup involving responsible parties (Boeing, DOE, and NASA), agencies (DTSC, LARWQCB, CDPH), and other stakeholders (activist organizations, community members, state and federal legislators, and the media). Cleanup standards and remedial options (remedy selection) continue to be debated and litigated. DTSC’s Final Program Environmental Impact Report (2023) estimates that soil cleanup will take another 15 years. The following summarizes in a generally chronological order, key events related to cleanup standards for both land and building structures and associated remedial options.
1996 DOE and CDHS Approves Boeing’s Radiological Cleanup Standards In March 1996, Rockwell proposed radiological cleanup standards for soil and buildings at SSFL. CDHS approved these standards in August 1996. DOE approved these standards in September 1996. Subsequently, Boeing issued final cleanup standards in February 1999. The soil cleanup goal was based on a dose rate of 15 mrem/y above background (300 mrem/y). This was less than the NRC’s future 25 mrem/y License Termination Rule and equivalent to the USEPA’s proposed 15 mrem/y dose-based goal for CERCLA remediation sites developed during the late1990s. In May 1999, Senator Feinstein sent a series of letters to the Clinton Administration expressing concerns about nuclear decommissioning cleanup standards at SSFL. In June 1999, Boeing documented the basis for cleanup standards in use at SSFL, that were identical to standards used in the rest of the U.S.
2001 CDHS Adopts NRC’s Decommissioning Standards In 2001, the California Department of Health Services (CDHS) conducted a public hearing proposing to adopt by reference, the Nuclear Regulatory Commission’s 10 CFR 20 Subpart E, otherwise known as the License Termination Rule, that would codify the federal cleanup standard of 25 mrem/y. California, being an Agreement State, was obligated to utilize nuclear regulations, consistent with federal NRC regulations.
2002 CBG Sues CDHS In March 2002, the Committee to Bridge the Gap (CBG), the Southern California Federation of Scientists (SCFS) and the Physicians for Social Responsibility - Los Angeles (PSR-LA), sued CDHS, arguing that CDHS cannot adopt 10 CFR 20 Subpart E, and should comply with CEQA and the California APA, conduct an Environmental Impact Report (EIR) and conduct public hearings before adopting safe dose-based decommissioning standards. In April 2002 and June 2002, Judge Ohanesian, concurred with plaintiffs’ complaint. As of January 2024, twenty-two years later, CDHS (now CDPH) has ignored the Judge’s Order and still does not have a dose-based decommissioning standard or any numerical criteria for license termination of nuclear or radiological facilities.
2003 DOE Environmental Assessment In March 2003, DOE issued an Environmental Assessment (EA) that proposed a radiological cleanup standard of 15 mrem/y, that was safe and protective of public health, consistent with EPA’s one-time, draft dose-base standards and more restrictive than the NRC’s 25 mrem/y dose-based standard.
2004 NRDC Sues DOE In September 2004, NRDC, CBG and the City of Los Angeles sued DOE claiming that the 2003 EA had violated the National Environmental Policy Act (NEPA), the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and Endangered Species Act (ESA). The lawsuit claimed that a full Environmental Impact Statement (EIS) should have been performed prior to selecting a soil cleanup remedy. In May 2007, US District Court Judge Samuel Conti found in favor of the plaintiffs stating that DOE had violated NEPA and should prepare a more detailed Environmental Impact Statement (EIS). In November 2018, DOE issued the final EIS, over 11 years after Judge Conti’s Order. As of January 2024, more than five years later, DOE has yet to issue a Record of Decision (ROD) on a soil cleanup standard for radionuclides and chemicals in Area IV.
2007 Technical Feasibility of Detecting Radionuclide Contamination In March 2007, Boeing issued a paper, utilizing EPA data, that detection of radionuclides at a 10−6 risk level for an agricultural land use scenario, was technically infeasible. This was prepared in response to initial California Senate hearings on SB 990 that would become California law nine months later (see later).
2007 Consent Order for Corrective Action In August 2007, DTSC, Boeing, DOE and NASA signed a Consent Order for Corrective Action, outlining planning, risk assessments and schedules for remediation at SSFL. The Consent Order was focused exclusively on chemical remediation of soil and groundwater. It was silent on radiological remediation and nuclear decommissioning. The Consent Order established a timeline for site cleanup to be completed by 2017.
2007 Radiological Release Process In September 2007, Boeing issued “Radiological Release Process - Process for the Release of Land and Facilities for (Radiologically) Unrestricted Use” which described the key steps in a generic decommissioning process typical of that used elsewhere in the United States.
2007 SB 990 In October 2007, SB 990 (Kuehl) was passed in the California Senate, that mandated an agricultural risk-based cleanup standard for chemicals and radionuclides and transferred regulatory authority for radiological cleanup at SSFL from CDHS and DOE to DTSC. SB 990 became law on January 1, 2008. In October 2007, Boeing and Governor Schwarzenegger announced the intent to transfer SSFL to the State of California as open space parkland (following completion of remediation), along with an agreement from State Senator Sheila Kuehl that she would amend SB 990 to withdraw requirements for agricultural land use and DTSC land transfer approval. In January 2008, this agreement fell through, following objections by other parties (CBG, NRDC, Sierra Club, PSR-LA, SCFS, etc). These parties also objected to NPL listing by EPA since it would have taken control of cleanup out of the hands of DTSC (who would require cleanup-to-background in the future 2010 AOC) and given it to EPA (who would implement a CERCLA risk-based cleanup). Boeing remained committed to the future of SSFL as open space, as evidenced by the April 2017 conservation easement recorded with the North American Land Trust (NALT) to permanently preserve and protect Boeing’s 2,400 acres at the Santa Susana site. In November 2009, Boeing sued DTSC over SB 990, following months of unsuccessful negotiations between DTSC, Boeing, DOE and NASA attempting to incorporate the requirements of SB 990 into the 2007 Consent Order. In April 2011, Judge John Walter of the United States District Court (Central District of California) issued an order in favor of Boeing, stating, “SB 990 is declared invalid and unconstitutional in its entirety under the Supremacy Clause of the United States Constitution” and “DTSC is hereby enjoined from enforcing or implementing SB 990.” In September 2014, the United States Court of Appeals (Ninth Circuit) upheld and affirmed the lower Court’s judgement.
2010 AOCs Perhaps in anticipation of losing the SB 990 lawsuit to Boeing, in December 2010, DTSC “encouraged” DOE and NASA to sign two identical Administrative Orders on Consent (AOCs) in which both RPs agreed to (1) clean-up to background, (2) dispense with EPA’s CERCLA risk assessment guidelines, (3) define soil to include building structures, and (4) send all soil (and structures) that exceed background radionuclides to an out-of-state licensed low-level
radioactive waste disposal facility. Boeing had refused to negotiate or sign its own AOC, being involved in litigation with the State, over SB 990.
2010-2013 Boeing Building Demolition Between 2010 and 2013, Boeing demolished 40 remaining Boeing-owned non-radiological buildings in Areas I, III and IV based on DTSC approved procedures. Subsequent proposals in 2013 to demolish 6 remaining, released-for-unrestrictive-use, former radiological buildings in Area IV met with resistance. In August 2013, the Physicians for Social Responsibility - Los Angeles (PSR-LA) plus others, sued the DTSC, CDPH and Boeing, alleging that demolition debris from these buildings was LLRW and should be disposed out-of-state to a licensed low-level radioactive waste disposal facility. Five years later, in November 2018, the Superior Court of California found for the defendants. Five years later, in May 2023, the California Appeals Court reaffirmed the lower Court’s decision, denying plaintiffs’ petition. Subsequently Plaintiffs petitioned the California Supreme Court to review the case. The California Supreme Court denied the petition for review.
2020 DOE Building Demolition In May 2020, DTSC and DOE signed an Order on Consent for Interim Response Action at the Radioactive Material Handling Facility (RMHF) Complex. The Order on Consent required all demolition debris to be disposed out of the State of California at a licensed LLRW or MLLRW disposal facility or a DOE authorized LLRW or MLLRW disposal facility. In October 2020, DTSC and DOE signed an Amendment to Order on Consent for Interim Response Action at the Radioactive Materials Handling Facility (RMHF) Complex. The title was misleading since the agreement has nothing to do with the RMHF, but states requirements for the demolition and disposal of eight remaining DOE-owned, non-RMHF facilities. These eight buildings included two that had been surveyed, confirming that structures to be demolished met all federal and state cleanup standards; two buildings that had been decommissioned and released for unrestricted use by DOE; and four buildings that had no history of radiological use, but had nevertheless been surveyed and confirmed to be “indistinguishable from background.” Nevertheless, “out of an abundance of caution,” the Amendment caused all demolition debris from all eight buildings, to be disposed of, out of the State of California, to a licensed MLLRW disposal facility.
NASA Building Demolition NASA, in contrast to Boeing and DOE, appeared to have escaped the attention of DTSC and their partners, and was not required to dispose of building debris to a licensed LLRW disposal facility, “out of an abundance of caution.”
2018 DOE Environmental Impact Statement (EIS) In January 2017, DOE issued its Draft SSFL Area IV Environmental Impact Statement. In November 2018, DOE issued its Final Environmental Impact Statement, eleven years after it was ordered by Judge Conti in 2007. DOE’s preferred alternative for remediation of soils is the Conservation of Natural Resources, Open Space Scenario. DOE identified this preferred alternative because it would be consistent with the risk assessment approach typically used at other DOE sites, other California Department of Toxic Substances Control (DTSC) regulated sites, and U.S. Environmental Protection Agency CERCLA sites, which accounts for the specific open-space recreational future land use of the site. Use of a risk assessment approach would be consistent with the Grant Deeds of Conservation Easement and Agreements that commit Boeing’s SSFL property, including Area IV and the NBZ, to remaining as open space. This scenario would use a CERCLA risk assessment approach that would be protective of human health and the environment. This does not comply with the DTSC 2010 AOC “cleanup to background” mandate. DOE and DTSC have yet to negotiate a Record of Decision (ROD) for soils.
2014-2020 NASA Environmental Impact Statement (EIS) In March 2014, NASA issued its Final Environmental Impact Statement for Proposed Demolition and Environmental Cleanup Activities at Santa Susana Field Laboratory. In July 2020, NASA issued its Final Supplemental EIS for Soil Cleanup Activities. In September 2020, NASA issued its Record of Decision (ROD) for its Supplemental EIS for soil cleanup. The ROD identified Alternative C, Suburban Residential Cleanup as the Agency-Preferred Alternative. This does not comply with the DTSC 2010 AOC “cleanup to background” mandate. NASA recognizes the need to take no action until DTSC issues its ROD based on its Program Environmental Impact Report (PEIR).
2017-2023 DTSC Program Environmental Impact Report (PEIR) In September 2017, DTSC issued its Draft Program Environmental Impact Report for the Santa Susana Field Laboratory. In June 2023, following community input, DTSC issued its Final Program Environmental Impact Report for the Santa Susana Field Laboratory. DTSC stated that the PEIR was not a decision document (i.e. ROD), but nevertheless made it clear that it still supports the 2010 AOC requirements to cleanup radionuclides and chemicals to background, that is in conflict with DOE’s and NASA’s preferred alternatives in their respective Final EISs. Curiously, DTSC also issued in June 2023, a revised version of its draft PEIR, with deletions and additions. It was not immediately obvious why this was necessary in addition to the Final PEIS.
2022 DTSC-Boeing Settlement Agreement In May 2022, DTSC and Boeing signed a Settlement Agreement (SA) including a commitment by Boeing to cleanup chemicals to a residential risk-based garden standard (100% consumption of garden-grown fruits and vegetables) and cleanup radionuclides to background, in its areas of responsibility, namely Area I and III and the southern buffer zone. The Settlement Agreement was criticized by community groups and local governments for being done in secret, without public input; they also allege that it weakened the cleanup standards.
2023 Surface Water Boeing, DOE and NASA are responsible for remediation of soil and groundwater in Areas I/III, Area IV, and Area II respectively. Boeing alone is responsible for management and treatment of surface water (i.e. storm water) for the entire SSFL site. The SSFL National Pollution Discharge Elimination System (NPDES) Permit regulates discharge of surface water when, and if, it flows offsite. Radionuclide limits are identical to the EPA’s drinking water supplier limits. Chemical NPDES limits are, in general, even lower than EPA’s drinking water supplier limits, and are often based on ecological risk limits. The NPDES Permit has been in existence for decades. The current Permit was issued in October 2023. In August 2022, a Memorandum of Understanding (MOU) was signed between Boeing and LARWQCB that describes future storm water management requirements following completion of SSFL soil remediation. ==Community involvement==