Washington state intends to sue over Hanford nuclear site’s tank vapors

Washington plans to sue the U.S. Department of Energy and its contractor to protect workers from hazardous vapors at the Hanford Nuclear Reservation, the nation’s most polluted nuclear site, state Attorney General Bob Ferguson said Wednesday.

A report last month found the Energy Department does not have an adequate system to detect whether harmful vapors are sickening workers.

More than 40 workers in the past year have reported smelling vapors and then becoming ill after working around some of Hanford’s 177 underground storage tanks holding nuclear waste. The workers were checked by doctors and cleared to return to work.

The nuclear reservation near Richland contains waste left over from the Cold War-era production of plutonium for nuclear weapons.

Ferguson said Wednesday that Hanford workers since 1987 have been reporting exposure to harmful vapors, with no solution found.

“Hanford workers face a very real and immediate health risk,” Ferguson said. “The federal government has a responsibility to keep these Washington workers safe, and I intend to hold them accountable.”

Under federal law, a lawsuit can be filed 90 days after the intent to sue is issued, Ferguson said. “There is a 90-day clock starting now,” he said at a news conference in Seattle.

The Department of Energy in a statement said it had received the notice and declined to comment on the merits of the threat to sue. “The Department of Energy is committed to protecting workers, members of the public, and the environment,” the agency said.

Meanwhile, Washington River Protection Solutions said it initiated the latest report of the vapor problems that was released last month. The contractor said it “remains committed to protecting its workforce.”

“WRPS believes that implementing the … report’s recommendations will further reduce worker exposure to chemical vapors,” the contractor said in a statement.

Ferguson said the intent of his action is to produce a legally enforceable agreement or court order to protect workers from the vapors. If there are productive talks with the other parties, his office may not file a lawsuit, he said.