US Navy Keyport OU1

Last updated Aug. 6, 2024

The Washington State Department of Ecology (Ecology) has issued a dangerous waste treatment, storage, and disposal permit to Naval Undersea Warfare Center Division Keyport. This permit replaces the existing permit issued in 2007. The effective date of the new permit is August 30, 2024 and will remain in effect for a period of 10 years. This permit allows the Navy to continue storing and treating dangerous waste in a specifically designed and constructed building. The new permit increases the storage capacity by 17, 035 gallons in containers. The new permit is more specific about how they must meet regulatory requirements. If the Navy proposes to increase or change the waste operations, that will require a permit modification subject to public review.

NUWC Division, Keyport is a U.S. Navy Base that tests and refurbishes undersea warfare components. The base generates dangerous waste from those activities. Within 90-days, dangerous waste from these activities must be moved to a permitted dangerous waste storage facility (i.e., building 1051, the TSDF). We refer to the permitted building as a “facility.” Some waste treatment also occurs in the permitted facility. By following all permit requirements, the Navy can store wastes in the facility for up to one year.

The facility can also accept waste from other military bases if permit conditions are followed. The Navy stores wastes in the permitted building until they are sent for treatment, recycling, or disposal. Dangerous waste management requiring a permit happens only in this building.  The facility does not incinerate or dispose of any dangerous wastes on the base.  The waste facility is a single building (building 1051 or the TSDF). Permit operating requirements apply only to that facility. 

The Navy had a different permitted waste storage facility at NUWC Division Keyport. In 1990, we determined that location was not suitable because it was built on an old landfill that needed to be cleaned up. This website was originally for that cleanup. That landfill was designated Operating Unit 1 (OU1). In 1994, the Navy built a new facility for dangerous waste management. In 2007, Ecology permitted the new facility to operate as a dangerous waste treatment and storage (TSD) facility. This new permit allows the Navy to continue to operate their TSD facility in building 1051 and increases the storage capacity by 17,255 gallons in containers. They will continue to accept and store the same types of wastes. On site waste storage allows enough containers to be collected to make waste shipment to the treatment, recycling, or disposal facilities more economical. 

Building 1051 (the TSDF) is about 68,500 square feet. The permit allows them to store 130,180 gallons of wastes. Storage includes 85,180 gallons in containers and 45,000 gallons in six tanks. Three more tanks are on site but cannot hold hazardous waste under this permit. Permit requirements only apply to the permitted facility.

The permitted facility accepts and manages a wide range of wastes including:

- Flammable and combustible wastes (fuel wastes)

- Corrosive wastes (acids or bases; non-neutral pH)

- Reactive wastes (can explode with physical shock, or water, or air exposure)

- Toxic wastes (poisonous)

- Oily wastes

- PCB wastes (poly-chlorinated biphenyls, may cause cancer)

- Industrial waste waters

- Solids and sludges

- Contaminated debris/universal waste (alkaline batteries, florescent lamps for recycling)

The entire base occupies 343 acres, and that whole area is subject to “corrective action.” Corrective action is cleaning up any environmental contamination that has occurred. There is existing contamination on the base. In 1989, the US EPA (Environmental Protection Agency) designated NUWC Division, Keyport Base as a superfund site. The federal Superfund Program and Washington State Model Toxics Control Act (MTCA) Cleanup Program have worked with the Navy since 1989 to clean up the base.

Ecology uses the state cleanup law, the Model Toxics Control Act (MTCA), for all environmental cleanups, including “corrective action.” U.S. EPA does environmental cleanup under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly called Superfund. 

The Navy did significant environmental cleanup on the base under the Superfund and MTCA programs. The construction needed to address contamination is complete. Current cleanup work includes operation, maintenance, and monitoring of cleanup systems. Additional remediation will be required if it is needed. Ecology’s Toxics Cleanup Program oversees the cleanup at NUWC Division, Keyport. “Corrective action” requirements in this permit reference that ongoing effort. This approach avoids duplication of efforts.  The next subsection describes past cleanup actions at NUWC Division, Keyport in more detail.

Cleanup Activities Conducted Under CERCLA and MTCA

In September 1984, the Navy did an Initial Assessment Study to find areas of possible environmental contamination from past practices. They identified several areas of the base. In 1988, the Navy began investigating these areas. In October 1989, EPA placed NUWC Division, Keyport on the federal National Priorities List for environmental cleanup under the federal Superfund program. Under Superfund, the Navy completed a Remedial Investigation in October 1993 and a Feasibility Study in November 1993.

In September 1994, EPA and Ecology issued a Record of Decisions (ROD) to document their decision on actions to address environmental contamination at NUWC Division, Keyport. They separated the Areas into two operable units.

These are: 

- Operable Unit 1 Area 1 - the Keyport landfill. 

- Operable Unit 2 All the remaining areas of concern (i.e., Area 2, 3, 5, 8, and 9). 

The agencies made this split because of public concerns that the Keyport landfill required additional evaluation before an acceptable remedy could be selected. 

In September 1998, EPA and Ecology issued a second ROD to document their decision on actions to address environmental contamination at Operable Unit 1 (Keyport landfill). The actions consist of “phytoremediation,” contaminated sediment removal, upgrades to equipment to prevent storm water entering the landfill, repair and maintenance of the landfill cover, monitoring, and institutional controls. Phytoremediation involved planting poplar trees to remove contaminants from the ground water within their root zone. “Institutional control” are measures taken to limit or prohibit activities that could interfere with the integrity of past cleanup action or result in exposure to contamination still at the site. 

Please note that the Keyport landfill is no longer being used for waste disposal. It was closed in 1973. Landfill activity is limited to maintenance of the phytoremediation system and parking.  

In June 2000, the Navy conducted a “Five Year Review” of remedial actions at NUWC Division, Keyport. This formal process ensures that the remedial actions are still protective  of human health and the environment and are operating as designed. Ecology and EPA found no areas of noncompliance during this Five-Year Review.

The agencies agreed with several recommendations made by the Navy including continued monitoring and maintenance to ensure the ongoing remedy effectiveness.

In May 2005, the Navy conducted their second “Five Year Review.” The report focused on areas where contaminants were still above cleanup levels. Ecology and EPA agreed with the review findings. EPA stressed the importance of collecting adequate data to assess remaining contamination and need for more cleanup. The Navy will continue to monitor and evaluate exposure in areas under institutional controls. They expect contaminant levels will decrease over time due to natural attenuation, and from phytoremediation. The Navy monitors contamination until they achieve final cleanup levels.  Also, we apply current toxicology information to ensure that human health and the environment are protected.

This draft dangerous waste management permit has conditions for ongoing site remediation being overseen by Ecology’s Toxics Cleanup and EPA Superfund Programs. These include:

1. Stating that Ecology’s Hazardous Waste and Toxics Reduction) HWTR staff will do “Five  Year Reviews” to ensure remedial actions comply with the dangerous waste regulations. 

2. Requiring the facility to notify about any newly identified contamination or releases. 

3. Stating that a permit modification will require additional corrective action if Ecology determines it is necessary to meet requirements in the dangerous waste regulations. 

In November 2020, the Navy published its evaluation of the fifth, five-year review. Ecology sent a “non-concurrence” letter to the Navy on the Navy’s “Short Term Protective” determination for Operable Unit 1. The “non-concurrence” letter was included in the final report.

General waste management requirements

The facility must manage waste in compliance with the dangerous waste regulations and specific permit conditions. The Navy must ensure adequate funding, staffing, personnel training, and process controls to stay in compliance and the Navy must notify Ecology if they are ever out of compliance.

The permit specifies how the Navy maintains compliance. If waste management equipment or procedures must change, the Navy must modify their permit. Laws require that the public be notified of proposed modifications and have a chance to comment on them.

Waste analysis requirements

Requirements for waste analysis are complex and are critical for safe facility operation. 

WAC 173-303-300 requires facilities to have comprehensive and accurate information about all wastes they manage. Keyport has detailed procedures for waste analysis in their permit. These include characterizing wastes before shipment to the facility, and verifying the identity of wastes when they enter the facility. 

The variety of wastes the facility manages is limited. Most are generated by NUWC operations. The permit application provides specific information on wastes the facility routinely manages.  

The facility is authorized to accept waste from other military bases. Most waste analysis is the same whether the waste is from NUWC Division, Keyport or another base. However, when the waste entering the facility is from another base there are slight differences. These are discussed in the “waste verification” subsection. 

Waste characterization

The permit requires reliable information on the composition of every waste stream the facility accepts. NUWC Division, Keyport must analyze wastes they manage to ensure:

- Safe and effective operation of waste storage and treatment.

- Compliance with the dangerous waste permit.

- Compliance with land disposal restrictions. 

The permit supports using both "acceptable generator knowledge" and "laboratory analyses" to characterize a waste stream. NUWC Division, Keyport must have a current waste profile on each waste stream. The profile gives the waste stream’s physical and chemical properties. It also outlines regulatory information, such as its waste designation code and the land disposal restrictions that apply. 

Each waste profile must be reviewed for accuracy at least every other year, as well as:

- Before a new waste stream is accepted.

- If the process generating a waste stream has changed.

- When there is discrepancy between the waste profile and the waste verification.

Each waste stream they manage is tracked by a unique number called the Waste Identification Tracking number. This helps ensure information is readily available for any waste at the facility.

In an emergency, the facility may receive an unknown or unidentified waste. In that case, the waste must be isolated from other wastes until it is fully characterized and a waste profile is developed. This is extremely rare for any Washington state TSD facility. 

Our permit stresses that NUWC Division, Keyport is responsible for obtaining accurate and complete information for every waste stream managed. Deficient information from a waste generator is not an acceptable defense for mismanaging the waste at the facility.

Waste verification

The permit has procedures and analyses the facility must do to verify each waste stream in every waste shipment. These “mandatory analyses” are in the permit for two main reasons: 

1. To verify that the waste received is as described on the shipping papers and profile. 

2. To verify information needed to safely manage the waste in compliance with the permit. 

The facility’s procedures for verifying the identity of each waste stream in every waste shipment coming from an on-base generator are summarized below:

- Check the Waste Identification Tracking number to identify the waste and ensure reliable tracking records. 

- Check that the profile has been reviewed for accuracy within the last two years.

- Check that the mandatory set of verification analyses (e.g., pH, flash point, etc.) has been completed within the last two years.

- Using a standard method (i.e., Physical Description/ASTM D4979), visibly examine every waste stream in every waste shipment, either when it arrives at the facility or right before it leaves the generator site. (Note, if a waste stream in a shipment is in more than one container, then at least 10% of the containers must be examined.)

- If the waste will be put in a tank, ensure it is compatible with waste already in the tank. 

Verification procedures for waste received from other military bases are the same, except the mandatory set of verification analyses are completed every time a waste shipment arrives.

Procedures for waste discrepancies

The permit requires specific procedures whenever waste verification finds an issue with waste analysis information or shipping documentation. The facility contacts the generator. If the facility establishes an accurate identity of the waste, labeling and records are corrected. The facility then documents the problem and solution in the operating record. The facility informs Ecology by letter if the correct identity of the waste cannot be established within 15 days. 

The facility must reject wastes they cannot properly and legally manage. The facility notifies the generator, and then sends the waste back to them or to a facility that can manage that waste.

The permit also includes procedures for damaged waste shipments that threaten human health or the environment. There are steps to ,make the shipment secure, clean up any released materials, and notify Ecology and other agencies of the problem.

Waste analysis methods

The permit specifies methods for sampling and analyzing waste, including detailed quality assurance and quality control (QA/QC) measures. 

Security

The facility is secured by fences. First, a perimeter fence surrounds the entire base. The Navy does a comprehensive security check on everyone entering the base. Second, an inner fence surrounds the waste facility itself. All gates must be locked when the facility is unoccupied. 

Inspections

NUWC Division, Keyport will conduct periodic inspections of the facility. These inspections detect and prevent malfunctions, deterioration, operator error, or discharges that could harm human health or the environment.

Inspections include the following: 

- Daily inspections of secondary containment areas and sumps for leaks and spills; immediate action is required if leaks or spills are detected. 

- Weekly inspections of secondary containment for cracks or other deterioration. 

- Monthly inspections to ensure fire extinguishers are fully charged. 

- Annual inspections of areas where ignitable and reactive wastes are stored by a professional familiar with the International Fire Code. 

- At least every five years, comprehensive tank integrity assessment must be completed by an independent qualified professional engineer. 

Inspections listed above are only a few examples of inspections required by NUWC under the permit. The facility must document all inspection findings and the actions taken to correct problems. Ecology inspects the facility yearly to ensure specifications in the permit are met.

Emergency planning

The permit includes a formal contingency plan (Plan) used or responding to emergencies in the waste management building. The Plan hasspecific response procedures for emergencies, such as explosions, fires, spills, or releases. The permit has clear criteria about what incidents must be reported to Ecology immediately. It also outlines what incidents must use the contingency plan procedures. These criteria are in the permit’s Contingency Plan. When the facility implements their Contingency Plan, they must send a written report to Ecology within 15 days that describes the incident, explains its causes, discusses the emergency response, assesses environmental damage,band describes steps taken to prevent a recurrence.

The permit names a trained emergency coordinator to lead emergency responses. They are authorized to use Navy funds for emergency response and must meet qualifications and be trained as outlined in the permit. The permit also specifies an alternate emergency coordinator. 

NUWC Division, Keyport contracts with Navy Region Northwest, for necessary emergency assistance. Navy Region Northwest includes the Puget Sound Federal Fire and Emergency Services, that can respond to emergencies, such as spills of hazardous substances and fires. Navy Region Northwest also has assistance agreements with Kitsap County Fire and Rescue, which includesthe Kitsap County Fire Protection Districts and the City of Bremerton. NUWC Division, Keyport must give Navy Region Northwest a current copy of the contingency plan. 

The Navy must respond to explosions, fires, spills, or releases of hazardous substance that occur on the base. However, they only use the permit’s Contingency Plan for emergencies threatening the dangerous waste facility. The Navy has separate emergency plans for the rest of the base.

Training

The permit requires NUWC Division, Keyport to provide comprehensive training for employees involved with dangerous waste management. Training includes the following general topics: 

- Health and safety. 

- Facility operations. 

- Permit and other regulatory requirements. 

- Emergency procedures. 

- Job-specific training. Two examples of job-specific training are:
1) training on waste sampling and analysis methods, and 2) training on tank operations.

- Other specific training is required for different duties.

The training program includes general training and job specific training for new employees and employees doing new jobs. NUWC Division, Keyport must ensure an experienced, fully trained person supervises new employees until they complete initial training. Initial training must be completed within the first six months of employment (or their transfer to new duties).  

Experienced employees have required refresher training. Most courses must be taken every year. The training must be directed by a person knowledgeable in dangerous waste management procedures. At NUWC Division, Keyport, the Training Program Director is the Dangerous Waste Program Manager. That person is responsible for ensuring all dangerous waste management personnel have the required training.

Closure

The Navy must "close" the dangerous waste facility when they stop using it for waste management. Closure involves removing all dangerous waste and then decontaminating or removing any equipment, structures, and environmental media (e.g., soil) that contacted wastes. If clean closure cannot be accomplished, the area will be subject to corrective action. 

The permit has detailed step-by-step procedures that NUWC Division, Keyport must follow for closure. First, the facility will remove all waste from tank and container storage areas. Then they will use high pressure steam and water spray to remove wastes from the tank and equipment surfaces. They will continue cleaning until they achieve a “clean debris surface.” If they cannot achieve a “clean debris surface” for any tank or equipment, then they must send it to another permitted facility for disposal as dangerous waste.  A “clean debris surface” is free of all visible contamination from soil and hazardous waste when viewed without magnification.

The facility will use mechanical and pressure spraying to clean concrete secondary containment surfaces. They will analyze concrete chip samples to confirm successful closure. Wastewater from cleaning will be analyzed, treated, and disposed of according to regulatory requirements. 

The Navy will take soil samples from under the facility tocheck for contamination. The permit outlines general sampling and analytical procedures, the minimum number of samples, criteria for selecting additional sampling locations, and the minimum laboratory analyses.  Resulting soil data will be compared to the levels set in MTCA for unrestricted site use. If soil contamination is under the cleanup standard, the facility can ‘clean close’. If contamination is above the cleanup standards, the Navy must take ‘corrective action’ to clean up the soil. 

NUWC Division, Keyport must submit an updated Sampling and Analysis Plan at least 60 days before closure. Certain information needed for the sampling and analysis plan, including current analytical procedures and recent facility history, will not be available until that time. 

An independent, qualified professional engineer will observe certain closure activities to certify that the Navy follows permit conditions. Since NUWC Division Keyport proposes to fully close the dangerous waste storage unit, the permit does not include a plan for post closure care.

Financial assurance

Because NUWC Division, Keyport is a federal agency, it does not need to provide assurance that it has the resources to pay for complete closure of the facility. NUWC Division, Keyport is also exempt from having liability insurance specified in Chapter 173-303 WAC. Therefore, the permit does not contain financial assurance mechanisms for closure or liability coverage. 

Recordkeeping

The facility must keep detailed operating records that document compliance with conditions of the permit and the Dangerous Waste Rules. The facility must also maintain records of spills, releases, incidents of noncompliance, and emergency situations. These records must be kept for at least three years, and some must be kept until facility closure is complete. The permit lists specific recordkeeping requirements.  

Reporting

NUWC Division, Keyport must report certain information to Ecology, for example: 

- Waste shipments received that do not agree with the accompanying manifest or shipping paper if the discrepancy cannot be resolved within 15 days.

- Incidents that caused facility to implement its Contingency Plan.

- Annual facility operation reports, including information on waste minimization efforts.

- Any instances of noncompliance with the permit. If human health or the environment is threatened, Ecology must be notified immediately. Other noncompliance is reported in their next monitoring report and no later than six months after the incident.  

This list does not include all reports that NUWC Division, Keyport must submit to Ecology.

In its permit application, NUWC Division, Keyport has demonstrated it is capable of safely operating its dangerous waste management facility under the conditions required for a final permit. Therefore, we have made a tentative decision to approve issuance of a final status permit to the NUWC Division, Keyport facility.