As attorney general, Ferguson — frequently with other attorneys general — filed several dozen lawsuits against the first Trump administration, losing only two or three. “No one has a record like that except Perry Mason,” Inslee said at a Nov. 6 press conference.
Arguably the most radioactively and chemically contaminated spot in the Western Hemisphere, the Hanford nuclear reservation’s cleanup is governed by a 35-year-old legal agreement called the Tri-Party Agreement. The state of Washington and the U.S. Environmental Protection Agency have repeatedly used this contract to force a sometimes foot-dragging U.S. Department of Energy to meet its legal standards and schedule to clean up the highly radioactive site.
But Project 2025 says the Washington government poses significant legal and political obstacles to cleaning up Hanford.
“Some states (and contractors) see (nuclear cleanup) as a jobs program and have little interest in accelerating the cleanup. (DOE’s nuclear cleanup program) needs to move to an expeditious program with targets for cleanup of sites. The Hanford site in Washington state is a particular challenge. The Tri-Party Agreement among DOE, the Environmental Protection Agency, and Washington State’s Department of Ecology has hampered attempts to accelerate and innovate the cleanup,” the 900-page Project 2025 document says. Nuclear cleanup is addressed on pages 394-396.
Project 2025 continues: “Hanford poses significant political and legal challenges with the State of Washington, and DOE will have to work with Congress to make progress in accelerating cleanup at that site. DOE and EPA need to work more closely to coordinate their responses to claims made under the TPA and work more aggressively for changes, including congressional action if necessary, to achieve workable cleanup goals.”
In other words, Project 2025 calls on the EPA to be an ally of DOE against the state, instead of being an independent regulator.
In reality, Washington has been the greatest force to push the federal government to stick to its legal schedules and meet agreed-upon cleanup standards. Hanford has had problems over the past three decades with keeping to the schedules and getting its engineering up to snuff to prevent future breakdowns.
The Project 2025 document does not elaborate on why it believes Washington’s Ecology Department is a hindrance. Washington’s congressional delegation has strongly supported the state and the Tri-Party Agreement on Hanford cleanup issues.
Project 2025 is a detailed master plan put together by the conservative think tank Heritage Foundation on how the Trump administration should govern. Much of it is highly controversial, focused on issues like immigration and crime. Presidential campaigner Donald Trump claimed he was unfamiliar with it. However, the bulk of Project 2025 was written by former Trump officials and allies.
Vice President-elect JD Vance wrote the foreword for another book authored by Project 2025’s leader Kevin Roberts, titled “Dawn’s Early Light.” The New York Times wrote that Vance’s foreword said the Heritage Foundation has been “the most influential engine of ideas for Republicans from Ronald Reagan to Donald Trump.” Roberts wrote the foreword to the Project 2025 document. The New York Times recently wrote that Roberts plans to meet soon with Trump.
On Saturday, Trump named Chris Wright, CEO of Denver-based fracking company Liberty Energy, as his Secretary of Energy nominee. Wright is a major opponent of fighting climate change. For his first term, Trump’s selection for Energy was Rick Perry, who had called for abolishing the DOE when he ran for president, and was unaware that he would be in charge of cleaning up radioactive nuclear sites when he became energy secretary. Trump recently selected former New York congressman Lee Zeldin as the EPA’s head administrator. As a congressman, Zeldin boosted cleanup of Long Island Sound and wanted the United States to leave the Paris climate accords. But his environmental resume is thin beyond that.
The U.S. government set up Hanford in 1943 to create plutonium for the nation’s atomic bombs, including those exploded in New Mexico and over Nagasaki in 1945. That development work created many billions of gallons of chemical and radioactive wastes, the worst 56 million gallons of which were pumped into 177 underground tanks. About a third of those tanks leak. At least a million gallons of radioactive liquid has leaked into the ground, seeping into the aquifer 200 feet below and into the Columbia River, roughly seven miles away.
In 1989, the Washington Department of Ecology, DOE and the EPA signed the Tri-Party Agreement to govern Hanford’s cleanup with the state and EPA as the regulators enforcing that contract. The agreement has been modified many times. It originally called for Hanford to begin converting the underground tank wastes into glass in 2009 and finish by 2019. After several delays due to budget and technical problems, glassification is scheduled to begin in August 2025. The glassification project’s budget has grown from $4 billion to $17 billion, and is expected to expand to more than $30 billion. Legally, glassification is supposed to be finished by 2052, although future negotiations may push that back.
While the tank wastes are Hanford’s biggest program, the site has numerous other contamination problems. The entire 584-square-mile site is supposed to be cleaned up by 2091.
In 2020, DOE, the EPA and the state began four years of secret negotiations to revise the Tri-Party Agreement. Last April, the three parties unveiled tentative revisions. The three now are reviewing public comments on those proposed revisions before taking the changes to a federal judge for approval.
Those changes would not set a new completion date for glassifying the tank wastes, which is likely to be part of another negotiation. Right now, DOE expects glassification to be done by 2069, which is 17 years beyond the current legal deadline, according to a 2021 report by the Government Accountability Office.
Project 2025 calls for finishing all of Hanford’s cleanup by 2060. It recommends a massive study and remapping of the cleanup of Hanford and other nuclear sites across the nation. DOE has done this type of review a few times over the past 30 years, usually when a new presidential administration comes on board.
Hanford’s 56 million gallons of tank wastes consist of highly radioactive wastes and lesser radioactive wastes (dubbed “low-activity wastes”) mixed together in many of the same tanks. Hanford’s high-level wastes amount to 5 million to 6 million gallons. The Tri-Party Agreement calls for two plants to be built for dealing with low-activity wastes and a third to be built for handling high-level wastes. So far, one low-activity waste plant has been built.
That low-activity waste plant is scheduled to begin glassification in August 2025. A plant to separate high-level wastes from low-activity wastes along with the facility to glassify the high-level wastes are expected to be ready in the 2030s. These plans are all part of the current Tri-Party Agreement, with the revisions also calling for a newer approach for handling the radioactive waste: turning it into a cement-like substance called grout.
Grouting is easier and cheaper than glassification, but has not been extensively tested with Hanford’s chemically complex tank wastes. The grout must be shipped off-site, likely to disposal sites in either Utah or Texas. DOE and the state are still figuring out what type of grouting technology to use. Part of this agreed-upon new approach would reclassify any high-level wastes in 22 tanks aimed toward grouting into low-activity wastes.
Project 2025 sees reclassifying high-level wastes into low-activity wastes as a major step toward speeding up cleanup, although it does not address whether DOE should be able to reclassify wastes beyond the 22 tanks.
“A central challenge at Hanford is the classification of radioactive waste. High-Level Waste (HLW) and Low-Level Waste (LLW) classifications drive the remediation and disposal process. Under President Trump, significant changes in waste classification from HLW to LLW enabled significant progress on remediation. Implementation needs to continue across the complex, particularly at Hanford,” the Project 2025 document said.
Still unknown is whether the state — which has been skeptical about widespread use of grout — would go along with grouting high-level wastes beyond those 22 tanks. One indication of the Ecology Department’s reluctance is that the high-level waste glassification plant and the waste separation facility have been kept in the proposed Tri-Party Agreement revisions.
Meanwhile, Project 2025 calls for appropriating more money toward Hanford’s cleanup. However, that money would be taken from projects nationwide covered by 2022’s Inflation Reduction Act and 2021’s Infrastructure Investment and Jobs Act.
The Infrastructure Investment Act provides money for federal highways, transit, research, hazardous materials work, broadband access, clean water projects and improving electric grids.
The Inflation Reduction Act covers greatly reduced insulin costs, a huge number of climate change-related projects including reducing greenhouse emissions, drought-related measures for the western states, boosting subsidies for the Affordable Care Act, supporting vaccine coverage, increasing tax enforcement by the Internal Revenue Service, and paying for new energy projects.
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