Phase Two NUCON Testing Clause Samples

Phase Two NUCON Testing a. Phase One of NUCON testing has been completed, and DOE and WRPS have determined to proceed with Phase Two testing. DOE and WRPS will complete the second phase of NUCON testing (i.e., parameterizing of variables, such as the chemicals at issue, feed concentrations and flow rate) by December 31, 2018. 2 Ecology is authorized by the United States Environmental Protection Agency to implement the Hazardous Waste Management Act (“HWMA”), RCW 70.105, in lieu of RCRA. b. The Phase Two testing results for the existing NUCON system (in NUCON’s current technology and scale, with input concentrations reflective of tank headspace conditions) will report on whether the system met the following performance standards at the point of emission from the unit or platform: (1) for select Volatile Organic Compounds in aggregate, (a) 95% destruction as measured by commercial PIDs (i.e., photo-ionization detectors), and (b) a collective concentration not greater than 500 parts per million (“ppm”); and (2) 10% of Occupational Exposure Limits (“OELs”) for an appropriate subset of select Contaminants of Potential Concern (“COPCs”). The COPCs that are included in the appropriate subset of select COPCs were determined in connection with development of the Phase Two test plan, with input from the NUCON QTP on the plan and the appropriate subset of select COPCs. For the appropriate subset of select COPCs, it will be assumed that the “10% of the OEL” criterion is met if the detection limit is below 10% of the OEL and the results are below the detection limit. Defendants agree to include and use these performance standards in this context solely for purposes of compromise in order to reach this negotiated Agreement, and such inclusion and use does not mean that Defendants agree or concede that the performance standards are appropriate criteria to evaluate worker safety; Defendants maintain that using concentrations at a source rather than in worker breathing zones is inappropriate for evaluating worker safety. c. By March 31, 2019, DOE and WRPS will post on a publicly available website the results of the Phase Two testing and will notify Plaintiffs of the posting.