Environment, Energy and Transportation Program
Radioactive Waste News
A Quarterly Summary of Generation, Transportation, Storage and Disposal
Issues
Vol. 20, No. 3
October 2003
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In This Issue
DOE Complex
In Depth: Waste Reclassification
DOE's Waste Reduction Efforts at
INEEL
Long-Term Stewardship
Low Level Radioactive Waste
Compacts
Department of Energy Facility Updates
Handford
Idaho National Engineering and
Environmental Laboratory
Oak
Ridge
Paducah
Rocky Flats
Savannah River
Yucca Mountain
Yucca Mountain Review Plan
DOE Takes New Approach to Addressing KTI
Agreements
State
Legislators Focus on Transportation Issues
Miscellaneous
Draft EIS Released for Plutonium
Production Facility
Independent Spent Fuel Storage
Installations (ISFSI)
Spent Fuel Cask Updates
DOE Complex
The U.S. Department of Energy's (DOE) decision to reclassify a portion of
the high-level radioactive waste (nearly 88 million gallons) from the
underground storage tanks at Hanford, Idaho National Engineering and
Environmental Laboratory (INEEL) and the Savannah River Site, seal it in tanks
and store it in place is the source of a current lawsuit. The tank waste in
question was reclassified as "Waste Incidental to Reprocessing" (WIR), allowing
it to be left in the tanks, not removed and vitrified, for disposal in a
permanent geologic repository. The WIR is created during reprocessing of uranium
and plutonium pellets from nuclear reactor fuel rods.
The judge deciding the case-brought in the Boise, Idaho U.S. District Court
by the Natural Resources Defense Council, the Snake River Alliance, the
Shoshone-Bannock Tribe and the Yakama Indian Nation-ruled on July 3, 2003, that
DOE had illegally reclassified the waste at the three sites. Judge B. Lynn
Winmill's decision requires DOE to remove the high-level waste stored at the
three sites and process it for disposal at a geologic repository. DOE is
considering an appeal, stating that if the decision stands it could lead to a
burden on taxpayers while and, at the same time, could jeopardize DOE's ability
to more quickly clean up its sites.
On August 1, 2003, following the district court's decision, Secretary of
Energy Spencer Abraham petitioned Congress for greater authority to redefine
some nuclear waste so it can be left in place or sent to low-level radioactive
material storage sites. One concern voiced by the ranking minority member of the
Senate Energy and Natural Resources Committee, Senator Jeff Bingham (NM), is
that, if DOE is given "at will" reclassification authority, any congressional
control of the issue will be undercut.
In response to the secretary's petition of Congress, the U.S. House told a
joint committee on October 2, 2003, not to give DOE reclassification authority
over high-level radioactive tank wastes. The House passed the "motion to
instruct," introduced by Representative Jay Inslee (Wash.). This nonbinding
motion will go to the House-Senate conference committee responsible for
reconciling the two chambers' energy bills. In spite of the nature of the
motion, committee transcripts illustrate that committee leaders do not intend to
proceed with DOE's proposed legislation without the support of Idaho, Oregon,
South Carolina and Washington.
Other states with smaller waste issues are uneasy about DOE's being granted
reclassification authority. A now defunct civilian reprocessing plant in West
Valley, N.Y., will potentially be affected. The waste stored at the plant has
already been vitrified and is ready for shipment and burial at a permanent
repository. The fact that the contaminated building and equipment may be left on
the site has caused some to think DOE may be attempting to make states
responsible for highly contaminated material.
Jessie Roberson, DOE assistant secretary for environmental management, said
that the department would provide the committee with recommendations to clarify
its interpretation of the Nuclear Waste Policy Act of 1982. The issue at hand is
one of ambiguity. The Department of Energy would like to be clear on Congress'
intent.
The Department of Energy is working to significantly reduce the amount of
transuranic (TRU) and mixed low-level radioactive waste (MLLRW) stored on
asphalt pads at the Idaho National Engineering and Environmental Laboratory
(INEEL). The majority of the waste was generated at the DOE Rocky Flats Plant in
Golden, Colo., and was shipped to INEEL in drums and boxes. The 65,000 cubic
meters of stored waste is to be characterized, treated and compacted for
shipment to the Waste Isolation Pilot Plant (WIPP) in New Mexico.
The department's Idaho operations office contracted with British Nuclear
Fuels Limited Inc. (BNFL) in 1996 to build and operate an advanced mixed waste
treatment facility (AMWTF) to notably decrease the volume of waste during
treatment. The lower volume of waste will reduce the total transportation and
disposal costs. The contract requires BNFL to reduce the 65,000 cubic meters of
waste to no more than 35 percent of its original volume.
In preparing an audit report of the contract, the Inspector General found
that, at the current rate, the AMWTF will realize only a six percent reduction
in volume. The sorting, repackaging and compacting will further reduce the
volume by more than half, but the overpacks in which the treated waste will be
stored will return the volume to 61,000 cubic meters. Discrepancies also exist
in both the size and the timing of the treated waste shipments to WIPP. Due to
these discrepancies, DOE will spend $205 million more than was originally
expected to dispose of the waste.
A recent report issued by the Energy Communities Alliance (ECA) and the
Environmental Law Institute (ELI) -The Role of Local Governments in Long-Term
Stewardship at Two DOE Facilities-is aimed at assisting local, state and
tribal governments, among others, in developing a better understanding of the
long-term stewardship (LTS) roles that local governments currently undertake at
DOE facilities. A major finding of the report is that, although LTS is
considered a critical element of the DOE remediation program, few tools exist to
further that mission.
The cleanup of the radioactive and chemical contamination resulting from
nuclear weapons production is the responsibility of DOE. However, some
contamination will be left on site following the completion of cleanup
activities. Long-term stewardship, which aims to protect human health and the
environment from the remaining contamination, is the responsibility of DOE, the
U.S. Environmental Protection Agency (EPA), state environmental regulatory
agencies, local governments, citizens and others. LTS includes a wide range of
actions to protect human health and the environment for as long as the risk from
the contamination remains over acceptable levels. Examples of actions that may
be taken include placement of barriers, caps and other engineering controls, and
land use controls that include signs, notices and records.
The report focused on LTS at the Los Alamos and Oak Ridge sites, but citizens
at other former DOE facilities also are concurred about LTS. Rocky Flats in
Golden, Colo., is one example. In a recent letter to DOE, the Colorado
Department of Public Health and the Environment, the EPA and the board of
directors of the Rocky Flats Coalition of Local Governments (RFCLOG) expressed
their concerns about the lack of progress in key areas of LTS at the site. Some
fundamental concerns include the ability to enforce the LTS plan in accordance
with federal and state laws, the importance of public accountability and the
involvement of the EPA after site closure.
Overall, the report highlights the need for all stakeholders involved in LTS
activities to improve their use of existing tools and to create new tools to
effectively implement LTS. The report may be accessed at
http://www.energyca.org/PDF/Local_Gov_DOE.pdf.
Central Interstate Compact (CIC) - The commissioners of the Central
Interstate Compact voted to exclude Nebraska from the compact on June 25, 2003.
In addition, the commission imposed sanctions on the state for failing to
develop a low-level radioactive waste disposal facility for generators in
Arkansas, Kansas, Louisiana, Oklahoma and Nebraska. The state is in the process
of appealing a court decision made September 30, 2002, allowing the CIC to
recover more than $151 million from Nebraska. The U.S. Court of Appeals for the
Eighth Circuit heard oral arguments on June 12, 2003.
Texas Compact - Formed in 1993 between Texas, Maine and Vermont, the
Texas Compact made an advance when the Texas Legislature passed, and Governor
Rick Perry signed, H.B. 1567 during the 2003 session. The newly codified Texas
Low-Level Radioactive Waste Disposal Compact-Texas Health and Safety Code
ยงยง403.001- 403.006-allows for the creation of two privately operated low-level
radioactive waste disposal facilities that will be licensed as a single site by
the Texas Commission on Environmental Quality (CEQ). One of the facilities will
be designated for disposal of federal waste from DOE; the other will house
commercial low-level radioactive waste generated within the Texas Compact.
The Texas CEQ issued draft rulemaking in August 2003 and is planning to have
the final rulemaking available in January 2004. The commission held a public
hearing in Austin on September 16th to receive comments on its plans for
operating the disposal site in Andrews County. The other members of the
compact-Vermont and Maine-have significant concerns about the agreement. Maine
made the decision to withdraw from the compact when its only reactor-Maine
Yankee-shut down in 1998 and the state found other sites to dispose of its
waste. Vermont is questioning whether the state should pay the $12.5 million
that Texas has asked to be paid by November 1, 2003. Many of the state's
legislators are questioning the need for Vermont to remain part of the compact,
and to lay out millions of dollars for a disposal facility that may never be
constructed. The state lawmakers expect to make a decision in October; until
then, they plan to seek advice from the attorney general.
Department of Energy Facility Updates
- Two men-Claude Oliver (Benton County Commissioner) and John Thomas-backed
by Washington state citizen groups are working to save the Fast Flux Test
Facility (FFTF) on the Hanford Reservation. The FFTF has the ability to
produce cancer fighting medical isotopes, burn high-level nuclear waste and
advance space exploration. Hanford is the only FFTF in the United States, if
it is decommissioned, medical researchers and scientists will be forced to
rely on international partners for materials currently produced at the FFTF.
- Female mud dauber wasps are overtaking Hanford's H Reactor complex. The
wasps are using radioactive mud from the site to construct nests beneath the
eaves of buildings. Bechtel Hanford employees are attempting to remove the
wasps from the site, but as fast as nests are removed, the wasps construct new
ones. Detached nests are sent to the central Hanford low-level radioactive
waste burial grounds. Bechtel workers are attempting to slow the proliferation
of the wasps by adding insecticide to standing water in the spent fuel pool
and to any damp radioactive soil.
- Hanford's high-level waste separation process was the subject of a U.S.
General Accounting Office report (GAO-03-593). The report called for
"integrated pilot testing" of the separation process, a sector of the waste
treatment facility, something that DOE officials feel is unnecessary. A
similar facility was built at the Savannah River site. The components at the
Savannah River facility were not adequately tested, resulting in an additional
seven years and $1.8 billion to complete the project. DOE has stated that it
is taking steps to mitigate risks at the Hanford facility.
To implement DOE's plan to revitalize INEEL's nuclear energy
mission and simultaneously accelerate cleanup at the site, the department will
put out for bid and award separate contracts for the two operations. The
current contract with Bechtel expires in September 2004, at which time one
contractor will take over responsibility for waste cleanup and another will be
responsible for nuclear energy and research.
The City of Oak Ridge is concerned about a DOE proposal to
transfer 3,000 acres of land- known as Parcel D-that has been set aside as a
conservation easement. Of greater concern is that DOE did not consult with the
city as it agreed to do under the city's self-sufficiency agreement. This
agreement allows the city the first right of refusal to acquire parcels of
land within the Oak Ridge reservation.
- As a result of an unexpected $23 million Congressional cut in funding for
FY 2003, DOE sought changes to the Federal Facilities Agreement (FFA). In
response to the proposed changes, in July the Tennessee Department of
Environment and Conservation's DOE Oversight Division (the state) sent a
letter to DOE denying its request to change milestones related to the Oak
Ridge Reservation cleanup program. The changes proposed to the FFA by DOE
would affect the K-25 and K-27 sites, TRU waste storage and treatment, and
other projects.
- A letter of intent to enter into an agreement to accelerate the cleanup at
the Paducah Gaseous Diffusion Plant was signed by DOE and the Commonwealth of
Kentucky. The agreement, finalized on September 15, 2003, required DOE to pay
$1.2 million in fines and set a cleanup completion date of 2019. Critics of
the agreement accuse the Commonwealth of relaxing cleanup standards by
allowing DOE to dump more waste and scrap metal in a local landfill rather
than shipping it to another location.
- On June 6, 2003, DOE announced that it would conduct a competitive
procurement for new contracts at the plant. The current contract, which
expired in September 2003, was extended for six months to allow for the
competition. Two contracts will be awarded, one for cleanup and remediation
and another for infrastructure and maintenance activities. The department
feels this competitive process will provide increased opportunities for
designated small business contractors.
- August 19, 2003, saw the last shipment of nuclear weapons usable material
leave the Rocky Flats facility. During the cleanup, more than 12 metric tons
of plutonium were removed from the site, which produced the plutonium triggers
used in the nation's nuclear stockpile. Kaiser-Hill Co., the contractor
responsible for the cleanup, expects the work to be complete by 2006; at that
time, the site will become a National Wildlife Refuge.
- The findings of a feasibility study on developing a museum to commemorate
the legacy of the site were released. The study recommends that the museum be
located at the site and should open in 2006, once the site is officially
closed. With the release of the study, development of the museum can move
forward.
An amended record of decision was issued by DOE related to the
disposal of nuclear waste at the site. The department, in a July 28 Federal
Register notice, announced its decision to dispose of two separate nuclear
materials, analyzed in a 1995 National Environmental Policy Act (NEPA)
document, as waste. The identified materials will be disposed of only after it
is determined that they meet applicable waste criteria. This will be done in
lieu of the earlier stabilization and processing decisions made for these
materials.
Yucca Mountain
The Nuclear Regulatory Commission (NRC) released its final version of a
plan it would use to review an application from DOE to construct a high-level
nuclear waste geologic repository at Yucca Mountain, Nevada. The plan includes
sections on reviews of repository safety prior to permanent closure, safety
after permanent closure, and the performance confirmation program. The plan may
be accessed at
http://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr1804.
H.R. 2754 - Energy and Water Development Appropriations Act 2004
The administration expects its $591 million budget request for the DOE waste
program to be apporved by the members of the House Appropriations Subcommittee
on Energy and Water Development for FY 2004. In addition to the requested
amount, there are indications that the $134 million cut from the FY 2003 budget
will be restored.
If the FY 2003 funds are restored, it will allow DOE to begin the spent fuel
transportation program, an essential component of repository operations. During
a hearing earlier in the year, Subcommittee Chairman David Hobson advised
Margaret Chu, DOE waste program director, " ... not to dawdle on the
transportation issue," maintaining that the selection of a potential rail route
that avoids Las Vegas could help diffuse public opposition to the repository.
Another project that has been delayed due to a lack of funding is the
development and procurement of transportation casks for DOE defense spent
fuel.
However, the Senate has approved only $425 million for the program during FY
2004. The $166 million reduction in requested funding would delay the submittal
of DOE's application to NRC and delay the start of disposal operations to
sometime after the 2010 target. The cut was made at the behest of Nevada Senator
Harry Reid, the ranking Democrat on the appropriations subcommittee with
jurisdiction over the bill and an ardent opponent of Yucca Mountain.
The Department of Energy (DOE) will begin to group by subject matter the
agreements it has with the Nuclear Regulatory Commission (NRC) on repository
technical issues. This will improve the one-at-a-time method now uses by
allowing DOE to address several agreements simultaneously. Before DOE can submit
a license application for the repository to NRC, it has 293 key technical issue
(KTI) agreements that must be addressed. Approximately 95 percent of the
remaining KTIs pertain to the safety of a Yucca Mountain repository after it is
closed.
DOE expects that it soon will begin to submit documents to NRC in an attempt
to address the outstanding KTIs. The department intends to submit a license
application in December 2004, but the agreements in no way indicate NRC's
positions on the application. At this time, DOE plans to complete all but three
of the KTIs prior to submitting a license application to NRC. The unfinished
KTIs, which will focus on long-term testing of waste packages, corrosion and
volcanism, will continue after the application is sent to NRC.
During its annual meeting August 24-27, 2003, the Midwest Legislative
Conference (MLC)-Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Nebraska,
North Dakota, Ohio, South Dakota, Wisonsin-approved resolutions related to the
spent fuel transportation program. Legislators emphasized the need for DOE to
continue with the development of the transportation program, emphasizing cask
designs that have undergone full-scale tests for waste movement. The MLC urged
DOE to develop a policy to fund planning and preparedness activities with the
full involvement of state, local and Native American interests and to consider
regional approaches to transportation planning. A separate resolution encouraged
the full-scale testing of transportation casks, citing specific tests that
should be conducted.
Miscellaneous
The National Nuclear Security Administration (NNSA) on June 2, 2003, released
the draft Environmental Impact Statement (DEIS) for a plutonium production
facility. The DEIS analyzed the alternatives for manufacturing plutonium pits to
support the nation's nuclear weapons stockpile. Since Rocky Flats closed in
1989, DOE has not had the capability to produce stockpile certified plutonium
pits, which are an essential component of nuclear weapons.
Until such time as a permanent site is selected, Los Alamos National
Laboratory will serve as the interim facility for the pits. The NNSA needs to
act if it intends to establish a permanent, long-term modern pit facility (MPF)
to ensure that readiness to support the stockpile and to make sure appropriate
pit production capacity is available when needed. NNSA currently preparing a
supplement to the programmatic environmental impact statement on stockpile
stewardship and management for an MPF that will determine whether to proceed
with an MPF and, if so, where to locate it.
Five locations are being evaluated in the DEIS for permanent placement of an
MPF: Los Alamos, N.M.; the Nevada Test Site; Carlsbad, N.M.; the Savannah River
site, S.C.; and the Pantex site, Texas. Other alternatives considered in the
DEIS are upgrading the existing plutonium fabrication facility at Los Alamos and
a "no action" alternative of not proceeding with an MPF. The DEIS is available
at http://www.mpfeis.com/DEISTOC.htm.
North Anna ISFSI Amendment - The NRC approved a license amendment for
Dominion Virginia Electric Power to increase three characteristics of the spent
fuel stored in Transnuclear TN-32 vertical casks in the North Anna ISFSI. The
amendment allows an increase in the allowable burnup, enrichment levels and heat
load. The changes were requested so that Dominion could continue to transfer
spent fuel from its pool into dry storage after December 2003.
Surry IFSFI License Renewal - Dominion Virginia Electric Power has
requested that the NRC renew its Surry IFSFI license. The NRC has responded by
issuing a request for additional information (RAI). This is the first license
renewal request for a dry cask IFSFI. The commission expects to approve a
license renewal by February 14, 2004; this date is independent of any hearings
granted under NRC regulations.
Draft EIS Released for Idaho IFSFI - The draft environmental impact
statement (DEIS) on the proposed IFSFI for DOE spent fuel at INEEL was published
in June. To fulfill commitments it made to the state of Idaho, DOE plans to
transfer spent fuel stored at INEEL from wet to dry storage pending its removal
from Idaho. Because no hearings were requested, NRC did not hold a public
meeting on the document.
Entergy River Bend ISFSI - Entergy officials held a meeting with NRC
staff on September 25 to discuss the utility's plans to load spent fuel into
storage casks at River Bend. Entergy plans to construct an IFSFI under a general
license using the Holtec International Hi-Storm 100 cask system. Cask loading
activities at River Bend should begin in May or June 2004; dry runs will begin
later this
Transnuclear's (TN) 32PT Amendment - The NRC's Spent Fuel Project
Office (SFPO) approved a license amendment that would add a 32-assembly canister
to the company's Nuhoms line. The agency's rulemaking branch has received the
draft certificate of compliance (COC) and safety evaluation report and is
expected to publish a proposed rule soon. The rule will add the new canister to
NRC's list of spent fuel storage systems approved for use under a general
license.
TN Seeks to Increase Nuhoms Heat Limit - Transnuclear Inc. has requested
that NRC allow it to increase the temperature of the spent fuel stored in the
Nuhoms horizontal storage system. The application further requested the addition
of a new canister and a new horizontal storage module to the Nuhoms COC. Two
additional storage amendments for the standardized Nuhoms system will be
submitted in 2004 to increase the contents of one canister while increasing the
heat allowance for another.
Maine Yankee Improves Drying Times - The average time needed to load a
spent fuel canister, dry it and weld it closed has been reduced to less than six
days. The installation of a new vacuum drying pump and the decision to tilt the
casks during vacuum drying contributed to the efficiency of the process. Maine
Yankee is on target to have the pool emptied by March 2004.
TN Wins Hanford Cask Contract - Fluor Hanford, a DOE contractor, has
awarded TN the contract for the delivery of 22 interim storage casks (ICSs) to
the department's fast flux test facility (FFTF) in FY 2004. The casks will store
FFTF's spent fuel while the test reactor is being decommissioned. The contract
is TN's first vertical concrete spent fuel storage project.
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RADIOACTIVE WASTE NEWS
Published quarterly by the National Conference of State
Legislatures, 7700 East First Place, Denver, Colorado 80230, (303)
364-7700.
William T. Pound
Executive Director
Funding for this publication is provided by the U.S.
Department of Energy. Any opinions, findings or conclusions in this
publication are those of NCSL staff and do not necessarily reflect the
views and policies of the U.S. Department of Energy.
The purpose of this newsletter is to provide legislators,
staff and interested parties with information on high-level radioactive
waste. Information on meetings, publications and other items of interest
will be published as space permits.
Articles in this newsletter have been researched by NCSL
staff. Resources include Nuclear Waste News, Nuclear Fuel,
The Radioactive Exchange, HazMat Transport, legislative
research office contacts and other sources. NCSL staff also attend
relevant meetings and summarize significant developments.
Contributors to this issue:
Jennifer AD
Smith.
Layout and design: Alise Garcia.
Printed on recycled paper. |
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