Environment, Energy and Transportation Program

High-Level Radioactive Waste Newsletter

23-page document

Vol. 15, No. 1
July 1998

In This Issue

Federal Activity

Filibuster threat sinks H.R. 1270

The U.S. Senate has refused to call H.R. 1270, the bill that would create a temporary centralized interim storage facility near Yucca Mountain, Nev. Senators Harry Reid and Richard Bryan (Nev.) had promised to filibuster the bill and had threatened the resolution of the high-priority tobacco bill. House speaker Newt Gingrich also stated that the Senate version of the bill will not be called for a vote in the House of Representatives, citing the crowed calendar and the strong opposition of some members.

Court: DOE to use remedies clause regarding spent fuel

On May 5, the U.S. Court of Appeals for the D. C. Circuit directed public utilities to the remedies clause under the standard contract in lieu of accepting spent fuel beginning Jan. 30, 1998, and ruled that the Department of Energy’s (DOE) ability to collect the one mil per kilowatt hour fee levied on utilities and deposited into the Nuclear Waste Fund is not in the scope of the litigation. The court did agree, however, that DOE has a contractual obligation to begin accepting spent fuel by the Jan. 30, 1998, deadline. As a result of the ruling, Secretary of Energy Federico Peña met with utility executives on May 18 to offer a remedy that would have the utilities make payments into the Nuclear Waste Fund to match Congress’ annual appropriation to the Office of Civilian Radioactive Waste Management only until DOE can begin accepting commercial spent fuel for storage or disposal. The utilities could invest the remainder in "investment-grade financial instruments" and use the difference between the return on investment-grade financial instruments and U.S. Treasury bonds to pay costs resulting from the delay in accepting spent fuel. In return, the utilities would not file additional lawsuits or seek damages from DOE.

In a June 2 letter endorsed by chief executives of nuclear power utilities, the industry informed the secretary that the DOE proposal has significant shortcomings and that they were rejecting it. However, the members voiced appreciation for Secretary Peña’s efforts to compensate contract holders harmed by DOE’s failure to begin accepting spent fuel for storage and disposal. "In the end," the letter stated, "the proposal would not be in the best interest of our companies, and, more importantly, our customers, who have committed more than $14 billion to the U.S. Treasury for an integrated program to safely manage used nuclear fuel."

Peña: "No reason to think" Yucca Mountain unsuitable

Secretary of Energy Federico Peña testified before the Senate Energy and Natural Resources Committee on March 4 that DOE has "no reason to think" that the Yucca Mountain viability assessment will show that the site is unsuitable. Lake Barrett, acting director for the Office of Civilian Radioactive Waste Management, offered similar testimony to the House Energy and Water Appropriations subcommittee on March 12: "To date we have found nothing at Yucca Mountain that would make it unsuitable" for a geologic repository.

New Mexico delays WIPP opening

The New Mexico Environment Department has postponed the opening of the Waste Isolation Pilot Plant (WIPP) by declaring inadequate the process used by the U.S. Department of Energy (DOE) to determine whether transuranic waste (TRU) stored at the Los Alamos National Laboratory (LANL) contained hazardous waste components. The state has three objections with DOE’s characterization process regarding LANL waste: the process is internal to DOE and was not approved by either New Mexico or the U.S. Environmental Protection Agency (EPA); the process was based on "accepted knowledge" rather than "process knowledge"; and the process was based on gas analysis that would not indicate the presence of hazardous metals. The issue will be rectified when the state issues a Resource Conservation and Recovery Act (RCRA) Part B permit that will allow DOE to place mixed (hazardous and radioactive) waste into WIPP; this permit is expected to be issued later this year or in early 1999.

Interest groups seek to block WIPP in court

A consortium of public interest groups on June 9 sought a preliminary injunction in federal district court to block the opening of WIPP. The New Mexico attorney general on June 11 also requested a hearing on a six-year-old injunction that prohibits DOE from opening WIPP without the approval of Congress or a federal regulatory agency. U.S. District Judge John Garrett Penn has issued a schedule for arguments and has promised a ruling by July 10.

EPA issues WIPP certification

The Environmental Protection Agency (EPA) issued its certification for WIPP on May 14. There is a one-month mandatory waiting period for public comment following publication of the certification in the Federal Register. Secretary of Energy Federico Peña notified Congress that the first waste shipment was to be sent to WIPP on June 19, barring any lawsuits by the state attorney general or environmental groups. The EPA certificate is for "pure" TRU waste; the state of New Mexico was expected to issue a final Resource Conservation and Recovery Act (RCRA) Part B permit for mixed (hazardous and radioactive) waste disposal.

The majority of transuranic waste currently is stored in drums aboveground at 23 sites in 16 states (see map below). The first shipment to WIPP—from the Los Alamos National Laboratory—will fill three TRUPACT containers, each with 14 55-gallon drums of waste. Rocky Flats (Colo.) and the Idaho National Engineering and Environmental Laboratory (INEEL) also will prepare waste to be shipped to WIPP.

Each drum of TRU waste must be sampled for organic compounds, x-rayed and surveyed for radioactivity to ensure that WIPP will know what kind and how much material is contained in each drum. Rocky Flats has more than 6,000 drums of TRU and mixed waste in storage; an additional 30,000 drums of waste are expected to be generated during cleanup of the site. Rocky Flats has 200 drums of TRU waste awaiting shipment after WIPP opens.

In addition to the TRU waste already packaged in drums, all buried TRU waste and any other pre-1970 buried waste that is removed from Pit 9 at INEEL will be shipped to WIPP for disposal. The excavated waste will be vitrified (glassified) into a stable waste form.

The Carlsbad, N.M., Area Office for the Department of Energy previously had informed Secretary Peña of WIPP’s operational readiness to begin disposal of transuranic (TRU) radioactive waste. With EPA certification, disposal now can begin. Opponents believe only a small percentage of the TRU waste located at former DOE production sites would be disposed of at WIPP, but think that the shipments would pose a danger to residents along the transportation routes.

DOE: Keep Yucca Mountain open for 100 years

DOE is expected to recommend in its viability assessment that, if constructed at Yucca Mountain, a repository should remain open for a minimum of 100 years or more after waste emplacement to allow for long-term monitoring. Initially, DOE proposed to close the facility 50 years after the last shipment and emplacement. Keeping the facility open will allow retrieval of waste and study of the site for potential environmental contamination.

OMB to review EPA Yucca Mountain standards

The U.S. Environmental Protection Agency (EPA) is preparing to send its proposed nuclear waste disposal standards for a repository at Yucca Mountain, Nev., to the Office of Management and Budget (OMB) for review. EPA hopes to issue the proposed standards this summer and the final standards after comment and review. OMB will conduct an interagency review before the proposed EPA standards are published. To obtain more information contact Ray Clark, Office of Air and Radiation (Mail Stop 6602J), EPA, 401 M Street, S.W., Washington, D. C., 20460, (202) 564-9168. OMB also is attempting to mediate differences between DOE and EPA regarding the need for, and compliance location of, separate groundwater protection standards for the repository. EPA is considering five compliance locations for groundwater testing in relation to the proposed repository site (at the perimeter, 5 kilometers away, 20 kilometers away, 30 kilometers away, etc.). EPA prefers the 5-kilometer measure because it is comparable to the standard for the Waste Isolation Pilot Plant near Carlsbad, N.M.

NRC, EPA decommissioning cooperation scuttled

NRC Chair Shirley Ann Jackson has notified U.S. Environmental Protection Agency (EPA) Administrator Carol Browner that the NRC will cease working with EPA to reach a compromise on a decommissioning standard for nuclear power plants. Jackson has stated that "The resolution of the differences between EPA and the NRC is a matter of policy that can best be solved by congressional action." Jackson stressed that dual regulation wastes staff time and tax dollars and pointed out that the NRC standard is consistent with international standards. Browner and the EPA would like to resolve the issue without congressional intervention.

NRC to ease licensing regs

The Nuclear Regulatory Commission (NRC) has proposed amending its regulations to provide more flexibility in its licensing information management technologies, due to technological advances in electronic data collection and filing capabilities. The projected cost savings are $180 million. The amendment would require each party to the license to design and build its own document management system (hardware and software). All parties would make their materials available to other participants in the pre-license application phase. A copy of the proposed rule is available on the NRC homepage, http://www.nrc.gov.

Yucca Mountain tunnel ahead of schedule

Construction of the east-west tunnel within Yucca Mountain is ahead of schedule. Project officials began drilling the 16.5 foot diameter tunnel in April. The 2,820 meter-long tunnel will cross over the top of the repository block and the Solitario Canyon fault on the western edge of the mountain. Excavation is expected to be completed in September. The cross drift will be used for five studies—geologic mapping, mineralogical and hydrological studies, characterization of rock properties, and predictive analyses that compare actual conditions to expected conditions. The tunnel boring machine was used to excavate a portion of the super collider project in Texas; it cost $4.5 million and was refurbished for the Nevada project.

Hanford investigating radionuclide recycling

Hanford Reservation (Wash.) scientists are investigating how to recycle radionuclides in high-level radioactive waste into medical isotopes. If the program is approved, waste volumes could be reduced and could provide income to offset DOE’s environmental remediation costs. The project has three objectives: to support the need for new sources of medical isotopes; to investigate new technologies to separate radionuclides from the waste, and to reduce the cost of remediation. To date, scientists have tested the process only on cesium-137 and strontium-90, but a wide range of medical isotopes could be isolated. A total of $530 million worth of radioisotopes was used for diagnostic purposes in 1996; by 2020, it is expected that approximately $15 billion will be spent for isotopes. Recycling would greatly reduce the amount of waste requiring disposal, while reducing the radioactivity level in the remaining waste. To obtain more information, contact Steve Parikh, Bechtel-Hanford, (509) 372-9180; sparikh@bechtel.com.

DOE opposes EM account move

The Department of Energy is opposed to a House Appropriations energy and water subcommittee proposal to move its environmental management accounts to the U.S. Army Corps of Engineers. Representative Tony Hall (Ohio) has asked DOE to analyze the effects of such a move on the entire cleanup program. Hall sent a letter to DOE requesting a list of potential delays or negative effects that would be caused by a transfer.

House budget chair withdraws call for DOE elimination

House Budget Committee chair John Kasich (Ohio) has agreed to withdraw specific language from the fiscal year 1999 budget resolution calling for the elimination of the Department of Energy. The language supposedly addressed only non-defense programs and specifically mentioned selling the power marketing administrations, eliminating the Federal Energy Regulatory Commission and transferring the Office of Civilian Radioactive Waste Management to another—unspecified—organization. Kasich and other members of Congress previously have questioned the need for the departments of Commerce, Education and Energy.

Legislation

H.R. 2544 (Morella, Md.)—The Technology Transfer Commercialization Act allows agencies to license a federal technology as a stand-alone invention or to include it in a package under a cooperative research and development agreement. The bill encourages commercialization of federally owned technologies, including DOE remediation and waste management technology.

S. 1874 (Domenici, N.M.); similar to H.R. 3593 (Ensign, Okla.)—Eases the expense for small businesses, industry and universities that work with the Department of Energy’s contractor operated facilities. Changes the cost formula DOE uses when billing outside parties by recovering only the cost of work incurred.

Personnel

In early April, Secretary of Energy Federico Peña announced his resignation, effective June 30. Peña cited personal and family reasons for his decision. Senator Frank Murkowski expressed regret at Peña’s decision, noting that the secretary’s replacement will need time to become knowledgeable about the major DOE issues in Congress, such as high-level radioactive waste storage and disposal and the siting of low-level radioactive waste disposal facilities in host states. President Clinton on May 22 nominated United Nations Ambassador Bill Richardson to be Secretary of Energy. Richardson is a former congressman from New Mexico.

Secretary of Energy Federico Peña appointed Walter Howe to head the Contract Reform and Privatization Project Office at the Department of Energy. The office will oversee major privatization projects, such as the Hanford Tank Waste Remediation System and the Idaho Advanced Waste Treatment Project. Several other projects are under consideration for privatization. The new office will develop privatization policies and procedures. Howe will report directly to the Secretary of Energy.

The Department of Energy has named Russ Dyer Yucca Mountain Site Characterization project manager; he had served as acting project manager since late 1997. Dyer has overall responsibility for the study of Yucca Mountain, Nev., as a potential site for a high-level radioactive waste repository. He previously served as deputy project manager for the Yucca Mountain project and was a faculty member of the geology department at the University of Texas-El Paso.

Gary Scott has been named deputy manager of the Carlsbad Area Office for DOE. In this position, he will support the implementation and management of the National Transuranic Waste program of the Waste Isolation Pilot Plant. Scott replaces George Dials, who resigned to join ICF Kaiser as a group senior vice president for Energy Programs, where he will oversee company support contracts at the Hanford (Wash.) reservation, Lawrence Livermore National Laboratory (Calif.), Sandia (N.M.) National Laboratory, Idaho National Engineering and Environmental Laboratory and other DOE sites in the West.

Margaret Federline, deputy director for the Nuclear Regulatory Commission’s Division of Waste Management, will become the deputy director for the Office of Nuclear Regulatory Research on July 5. Malcolm Knapp, acting director for nuclear reactor research, will replace Federline.

Former Senator Bennett Johnston (La.), former congressional staff Proctor Jones and Eric Tober, and their consulting firm of Johnston & Associates have been hired by the Nuclear Energy Institute, Battelle Memorial Institute and other energy companies to lobby members of Congress on their behalf. Johnston and Jones were not allowed to lobby for one year after leaving Congress. Johnston is the former chair of the Energy and Natural Resources Committee. Jones served as congressional staff for House and Senate appropriations committees and Tober was Johnston’s project manager.

Former IT Corporation executive Frank Coffman may be appointed as permanent principal deputy assistant secretary for the Office of Environmental Management, and then named acting assistant secretary for that office. Carolyn Huntoon, now with George Washington University, may be recommended by Secretary of Energy Federico Peña to serve as permanent assistant secretary. Huntoon is a former director of NASA’s Johnson Space Center and a former aide to Undersecretary of Energy Ernest Moniz when he served as office director in the Office of Science and Technology Policy.

Transportation

Mode and route study released

The U.S. Department of Transportation published in late April 1998 the long-awaited mode and route study mandated by Congress in 1990. The study was directed by Congress as part of the Hazardous Materials Transportation Uniform Safety Act (HMTUSA) of 1990 to address concerns about what factors should be considered by shippers and carriers in selecting transportation routes and modes for the shipment of high-level radioactive waste and spent nuclear fuel. (Modes refer to highway, rail, water and intermodal transport options.) Entitled Identification of Factors for Selecting Modes and Routes for Shipping High-level Radioactive Waste and Spent Nuclear Fuel, the study was prepared by the John A. Volpe National Transportation Systems Center for the Research and Special Programs Administration of DOT.

The study examines three scenarios for assessing safety factors: incident-free radiological exposure—the exposure to low levels of radiation that normally occurs as a result of the transport of radioactive materials; accident-related radiological exposure—the radiation exposure attributable to accidents that result in the release of radioactive materials; and non-radiological consequences of accidents—the fatalities, property damage and other non-radiological consequences that result from accidents involving the transport of nuclear materials.

The study found that overall radiation risk is low under all three scenarios. Using a case study analysis, risks were estimated for 65 mode and route combinations between eight generic origin and destination pairs. Under all scenarios, exposure levels to radiation were well below regulatory limits.

The study also concluded, however, that there is a sizable variation in the values of primary safety factors across different mode and route combinations, indicating that mode and route choices made by shippers and carriers can affect shipment risks. This conclusion should bolster the long-stated contention of affected state, local and tribal governments that the U.S. Department of Energy should develop standards for choosing routes and modes rather than leaving those choices to the companies that are transporting the material. The study states that under current practices, safety is not usually given as a reason for choosing a particular mode. Other factors—such as availability, service attributes, and minimizing transit time—are more important selection factors. Likewise, routing choices currently are made based primarily on operational efficiency.

The most significant safety factor in determining risk for any given shipment option was shipment duration. The total necessary time to move a shipment from origin to destination affects non-incident radiation exposure levels, and the group most affected by this factor is transport personnel. Basically, the longer the material is in transit, the longer the exposure of the crew and general public.

A second factor that substantially affects mode choice, number of trips and total risk is the amount of material to be shipped. The larger capacity of rail and barge casks and the potential for carrying multiple casks on a single train or barge means that such shipping campaigns require fewer trips than moving the same amount by truck, since truck cask capacities are smaller. Fewer trips reduces total risk under all three scenarios.

Safety factors were narrowed from 82 to eight using a hierarchical analysis and risk models. The eight safety factors are general population exposed, occupational population exposed, sensitive environment exposed, trip length, shipment duration, accident rate, emergency response and quantity of material shipped.

Emergency response to a radiological accident is probably the most significant concern of state and local officials. The study concluded that it is, indeed, an important risk factor, but that it is difficult to measure in comparing route and mode choices. One observation is that routes with lower general radiation risk often are farther from emergency response due to the remoteness of the routes. The study failed to address this factor adequately due to the problem of measurement of emergency response capability along routes; thus, it will continue to be of concern to public safety officials. It did suggest that the measure for this factor ought to be the amount of time for a specially trained radiological responder to arrive at any point along the potential route of travel. It also suggested that remote routes selected by shippers should be reassessed or examined for improvements in emergency response coverage.

The study is useful because it emphasizes safety in assessing factors to be considered in choosing routes and modes. The information about state and local oversight of routing is interesting but dated, since no developments after 1990 are cited. A key issue not addressed by the study—and perhaps not within its scope—is who makes the decisions about routes and modes. Public safety officials, state legislators and concerned citizens of affected state, tribal and local governments will find useful analysis in this study for arguing for greater oversight and involvement by the U.S. Department of Energy in the shipments it manages.

The study may be obtained by contacting the Office of Hazardous Materials Safety, RSPA, U.S. DOT, 400 Seventh St., S.W., Washington, D.C. 20590.

Santa Fe rescinds WIPP shipment agreement

The Santa Fe City Council passed a resolution Feb. 25, 1998, rescinding the city’s endorsement of the October 1997 agreement between DOE, New Mexico and the city to allow Waste Isolation Pilot Plant (WIPP) shipments from Los Alamos National Laboratory to pass through Santa Fe on the way to Carlsbad, N.M. The council also passed a resolution seeking a delay in Los Alamos transuranic waste shipments until the Santa Fe interstate bypass is completed. To obtain more information, contact Alton Harris, DOE/EM-30, (301) 903-8466.

DOE to ship spent fuel through California depot

The Department of Energy is preparing for its first shipment of foreign spent fuel through Concord, Calif., in July. The spent fuel will be from South Korea and Indonesia research reactors and will be off-loaded at the Concord Naval Weapons Station for rail shipment to the Idaho National Engineering and Environmental Laboratory. Between 1998 and 2009, DOE will receive five shipments of Asian research reactor spent fuel shipments.

DOE and the Department of Transportation are implementing a safety compliance plan for the rail shipment, which will pass through California, Nevada, Utah and Idaho. The Federal Railroad Administration (FRA) will inspect track along the route before the shipment and conduct follow-up inspections of any needed corrective actions. An automated track inspection vehicle may be used to identify track irregularities. FRA also will inspect bridges and overpasses. FRA and California Public Utility Commission inspectors will verify the readiness of rail cars and locomotives before they leave Concord. A unit (dedicated) train will be used for the shipments and will receive priority treatment along the route. Inspectors will check grade crossings to ensure that gates and lights are functioning. Guards, communications personnel and emergency responders with radiological training will be onboard. Highway patrols and state radiation control officers will track the train throughout its entire route. DOE and the railroad will locate cranes that might be needed to retrieve a cask in the event of an accident. DOE will notify the governors of California, Idaho, Nevada and Utah a minimum of seven days in advance of the spent fuel’s arrival in Concord. Tribal and local officials will be notified as necessary.

State/Local/Tribal

Nevada nuclear projects office receives state funds to continue

On June 25 the Nevada Legislature’s Interim Finance Committee averted a July shutdown of the Agency for Nuclear Projects by approving $375,000 that will allow the office to remain open through September 1998. The committee chair, Senator Bill Raggio, said the finance panel could examine the issue of agency funding again in fall 1998.

The Carson City-based agency, which provides state oversight of the research and development of the Yucca Mountain project, has had its funding frozen since 1995, when questions were raised by a certified public accounting firm that was auditing the agency. Specifically, $691,000 in funds allegedly was not spent or accounted for in compliance with federal requirements. The agency believes, however, that federal funding was cut because it successfully raised doubts about Yucca Mountain’s overall feasibility.

In late May the agency won approval from the Nevada Board of Examiners (composed of the governor, the attorney general and the secretary of state) to use state money to remain in operation after June 30. The agency’s financing proposal—$1.2 million to remain operational through February 1999—then was forwarded to the Interim Finance Committee, which approved the final amount.

CDC to aid Nevada in studying health risks

The Centers for Disease Control’s Agency for Toxic Substances and Disease Registry has agreed to help Nevada conduct studies of past and potential health risks resulting from Department of Energy radiological activities. The response came in response to a request by Governor Bob Miller. The ATSDR will provide technical assistance to the state to evaluate health concerns for nuclear waste materials.

Nevada puts hold on DOE water request

The Nevada Division of Water Resources has placed a hold on a DOE application to permanently use 430 acre-feet of water per year at the Yucca Mountain Site Characterization Project, pending a court review of motions. The state attorney general has filed a motion to dismiss the water request.

N.J. hosts preparedness exercise

The largest nuclear emergency preparedness exercise in the last eight years was held May 5-7 in New Jersey and Delaware. It was hosted by Public Service Electric and Gas and covered a 50-mile radius around the nuclear units in Salem County, N.J. The utility coordinated with 100 agencies representing county, state and federal offices. To obtain more information, contact Patricia De Bois, PSE&G, (609) 339-1186.

Las Vegas to DOE: Limit waste shipment routes

The City of Las Vegas Council passed a resolution April 13 requesting that DOE not use highway routes over the Hoover Dam and through the metropolitan Las Vegas valley for shipments of low-level radioactive waste to the Nevada Test Site. DOE’s Nevada Operations Office is conducting an environmental assessment for an intermodal transfer facility outside the valley. The draft assessment will be available in August.

Legislation

Utah—S.B. 144 (Taylor) increases the fee the state charges for disposal of Class A low-level radioactive waste from $2.50 per ton to $7.50 per ton. Status: assigned to an interim committee for further study.

On-Site Storage

NCSL High-Level Waste Working Group meets in Idaho Falls

NCSL’s High-Level Waste Working Group met in Idaho Falls, Idaho, May 19-21. The group toured the Idaho National Engineering and Environmental Laboratory and the Argonne National Laboratory. Topics discussed at the May 20 business meeting included updated information about U.S. Department of Energy activities, legislation currently before Congress, industry lawsuits, the national transportation program, emergency planning, and private spent fuel storage activities in Wyoming. Organizations that gave presentations at the meeting included the Nuclear Energy Institute, the Federal Emergency Management Agency and Lockheed Martin Idaho Technologies Inc. To obtain more information about the meeting, contact Sia Davis at NCSL, (303) 364-7700.

British Nuclear Fuels seeks to correct Sierra Nuclear’s cask problems

Spent fuel storage cask manufacturer Sierra Nuclear Corporation has been purchased by British Nuclear Fuels (BNFL), which will handle the task of addressing Nuclear Regulatory Commission (NRC) concerns—such as weld cracks—that surround the casks.

Sierra Nuclear’s buyers will not purchase casks until they are assured of their competency and that all safety concerns have been met. Since 1992, the NRC has sought improvement in Sierra’s quality assurance program; BNFL will attempt to correct these quality and safety issues.

BNFL now owns the rights to market Sierra Nuclear products internationally and to purchase all Sierra’s company stock. Sierra’s new headquarters will be located in Fairfax, Va., with a satellite office in Scotts Valley, Calif.

Low-Level Radioactive Waste

Appeals court reverses WCS decision

The U.S. Court of Appeals for the Fifth Circuit on May 14 reversed a preliminary injunction by a district court that prohibited the Department of Energy from awarding contracts for low-level radioactive waste (LLRW) disposal without considering contract bids from Texas-based Waste Control Specialists (WCS). WCS had sued the agency, claiming that a state or Nuclear Regulatory Commission (NRC) license was not necessary to dispose of DOE waste at a private disposal facility.

The appellate court dismissed the WCS case against DOE, finding that DOE has the authority under the Atomic Energy Act to control a private LLRW disposal site without adhering to NRC requirements but, if DOE does not ‘control’ the site, then the NRC or an agreement state does. In denying the petition, the court further determined that WCS was "effectively asking the court to intrude into the Agency’s policy making process without a statutory basis."

Texas state officials have objected to WCS efforts to dispose of DOE LLRW because state law prohibits a private sector disposal facility from accepting waste without a state license.

On June 17, the U.S. Court of Appeals denied a WCS petition for rehearing. WCS will now decide whether to pursue an appeal with the U.S. Supreme Court by seeking a writ of certiorari.

Meanwhile, the U.S. Senate Armed Services Committee used its committee report on the FY 1999 Defense Authorization bill to order DOE to initiate a procurement policy that fosters competition for DOE’s waste disposal contracts. The committee is concerned that DOE has only one large-scale option for disposal of its LLRW—Envirocare of Utah Inc.

DOE to analyze waste policy

The Department of Energy issued a notice on March 19 (63 Federal Register 13396) regarding its intent to analyze the policy regarding commercial disposal of low-level radioactive and mixed wastes. DOE is soliciting comments from the public and interested organizations about whether the department should continue to use existing licensed commercial facilities, pursue proposals from two private entities that are offering disposal at hazardous waste disposal sites, or determine if other changes need to be made in DOE policies and practices. Comments were due May 18, 1998.

DOE has received proposals from Waste Control Specialists (WCS) in Texas and Laidlaw Environmental Services in Colorado. Neither proposal involves the establishment of a disposal facility for commercial low-level radioactive waste, pursuant to the Low-Level Radioactive Waste Policy Act. Before 1979, DOE used commercial facilities for low-level radioactive waste disposal. In 1979, DOE decided to use commercial facilities on a limited basis and dispose of wastes at its own facilities. DOE’s use of commercial facilities, such as Envirocare in Utah, has increased in recent years. DOE may increase its use of commercial facilities as it proceeds with environmental cleanup of its former weapons production sites. DOE projects that future cleanup activities will generate approximately 31 million cubic meters of low-level and mixed waste; approximately 2 million cubic meters of waste could be eligible for commercial disposal. To obtain more information, contact Jay Rhoderick, DOE/EM-35, 19901 Germantown Road, Germantown, Md. 20874-1290, phone (301) 903-7211.

Interior suspends consideration of Ward Valley land transfer

The U.S. Department of Interior (DOI) decided once again to delay transferring to California federal land designated for construction of a low-level radioactive waste disposal facility. The decision to suspend consideration of the land transfer came after DOI received a letter from three state legislators claiming that the California Department of Health Services’ (DHS) efforts to purchase the Ward Valley land "appears to be illegal, and may be specifically designed to circumvent the California State Legislature." The letter claims that a recent review by legislative staff found that DHS has neither the legal authority to purchase the land nor legitimate funding to do so. DOI forwarded the letter to DHS, which denied the allegations and produced a written response outlining its authority to purchase and receive the land.

In the letter, three legislators (Senate president pro tempore, speaker of the Assembly and speaker pro tempore of the Assembly) argued that California statutes place authority for land acquisition and authority to hold title in the Board of Public Works. DHS responded that such an analysis of state law focuses too narrowly on California Government Code section 15853, and that DHS was authorized to accept grants of interest in real property with approval of the Department of Finance.

The legislators further claimed that DHS attempted to circumvent the Legislature when it asked US Ecology (the contractor responsible for operating the LLRW disposal facility) to pay for the land as a "gift" to the state and to recoup its costs through disposal fees. Monetary gifts must be received by the state treasurer and approved by the state controller; the Legislature has 30 days to object to the expenditure of money. According to the letter, the Legislature was not notified of receipt of the gift.

DHS responded that state law does not require DHS to pay for the land, but specifically mandates that US Ecology account to DHS for all past and projected expenditures related to the land acquisition. DHS further contends that the land purchase did not involve a "gift" to the state; rather, US Ecology followed DOI’s instructions and directly purchased the land from the federal agency. DHS believes that, even if the land purchase were construed as a gift, the approval of only the director of finance would be required.

DHS authority to purchase the Ward Valley land was raised in DHS and US Ecology lawsuits against DOI. The legal actions claim DOI breached a contract over the land transfer. All parties have filed briefs on California’s authority to purchase the land. DOI suspended all consideration of the land transfer until it receives guidance on the issue.

Murkowski asks Reno for help with protestors

Senator Frank Murkowski (Alaska), chair of the Senate Energy and Natural Resources Committee, has written to Attorney General Janet Reno to ask her to persuade the Department of Interior to remove protestors from the Ward Valley, Calif., Bureau of Land Management site that is under consideration for hosting a low-level radioactive waste disposal facility. Murkowski is concerned that trespassers are dictating the terms and conditions under which federal employees have access to public land. Site opponents have refused to vacate the area and have blocked access to the site to all individuals, including federal law enforcement officials, unless they submit to a personal search and a "security escort." BLM officials have ordered their staff to withdraw from the Ward Valley site.

U.S. House asked to act on Ward Valley transfer

Congressman Brian Bilbray (Calif.) has requested that the House Subcommittee on Interior Appropriations take action to hold the Department of Interior accountable for its lack of responsibility in dealing with the transfer of the Ward Valley site to the state of California.

Garamendi resigns

Department of Interior Deputy Secretary John Garamendi resigned effective April 17. He plans to join the private sector and will not seek public office in his home state of California.

Appalachian Compact leaves siting decision to Pennsylvania

Member states of the Appalachian Low-Level Radioactive Waste Compact Commission (Delaware, Maryland, Pennsylvania, and West Virginia) voted on June 18 to support Pennsylvania if it chooses to suspend the disposal facility siting process. Pennsylvania introduced the idea of suspending siting, and—though no formal decision regarding siting has been announced—the commission said that if a suspension were to occur, Pennsylvania should resolve its siting contract with Chem-Nuclear so the siting process could be resumed expeditiously and economically. Suspending the siting process would not violate Pennsylvania’s obligations under state legislation or federal law, according to the commission.

Prior to the compact meeting, Pennsylvania Department of Environmental Protection Secretary James Seif—citing available disposal capacity at the Barnwell facility in South Carolina—issued a statement that Pennsylvania would "explore the possibility of suspending its search" for a disposal site.

Nebraska to decide on Central Compact facility

The state of Nebraska plans to study the legal ramifications of withdrawing from the Central Interstate low-level radioactive waste compact. The legislature has appropriated $150,000 for the work and a request for proposals for the project is being written. In related news, the Nebraska Department of Environmental Quality is expected to issue a draft decision about whether to license a Central Compact low-level radioactive waste disposal facility in the fall. Public hearings are scheduled for December 1998, and a final decision could be made in early to mid-1999.

Compact conference appointments announced

On June 15 the U.S. Senate named representatives to a conference committee with the U.S. House of Representatives to resolve differences regarding the granting of congressional approval to the Texas Low-Level Radioactive Waste Disposal Compact. Previously, Senator Paul Wellstone (Minn.) had blocked the appointments of senators Orrin Hatch (Utah) and Strom Thurmond (S.C.) to the conference committee because he did not believe they would support his amendment to protect minority populations from hosting disposal facilities. As part of the Senate agreement to name conference members, Wellstone is allowed up to one hour of floor time to discuss two amendments—one that addresses environmental justice, and a second that would limit access to the facility to generators from Texas, Maine and Vermont. The Senate also instructed its conferees—Hatch, Thurmond and Patrick Leahy (Vt.)—to insist on retention of the amendments in the final conference report. House members of the conference committee are Thomas Bliley Jr. (Va.), Dan Schaefer (Colo.), John Dingell (Mich.), Ralph Hall (Texas) and Joe Barton (Texas).

Waste Management Nuclear Systems formed

Chem-Nuclear Systems—the operator of the Barnwell (S.C.) low-level radioactive waste disposal facility—and Waste Management Federal Services, two subsidiaries of Waste Management Inc., were consolidated in February into a single organization, Waste Management Nuclear Services. The organization will provide waste treatment and disposal services for both commercial and federal customers. Further changes are possible if the proposed merger between Waste Management Inc. and USA Waste Services Inc. takes place later this year. On March 11, the two companies announced they had signed an agreement to merge, subject to shareholder approval and other requirements. The new company will be called Waste Management Inc. If the merger is finalized, the parties are expected to pursue aggressive cost-cutting measures to produce a minimum savings of $800 million.

Larson resigns as Midwest Compact director

Gregg Larson resigned as the Midwest Compact Commission’s executive director, effective April 3. The compact met in June to determine whether it would proceed with activities, following its June 1997 decision to cease development of a regional low-level radioactive waste disposal facility. Larson will be the project administrator for the University of Minnesota statistical center and will have administrative responsibilities for several programs related to clinical trials on AIDS drugs and treatments.

EPA exempts sites from radionuclide release reports

The Environmental Protection Agency published a final rule in the March 19 Federal Register that exempts certain mine owners, coke plants, coal ash landfills and other industrial sites with coal piles from reporting naturally occurring radionuclide releases. EPA estimates that 1,785 facilities will be exempted, saving these companies $500,000 annually. EPA made the ruling as part of its efforts to reduce reporting requirements under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and the Emergency Planning and Community Right-to-Know Act (EPCRA). The rule became effective April 20. To obtain more information, call Elizabeth Zeller at (703) 603-8744.

Utah issues draft license to Envirocare facility

Utah’s Radiation Control Board has issued a draft license for the Envirocare commercial low-level radioactive waste disposal facility. The state has prepared a draft safety evaluation report and draft radioactive materials license for the facility. The public comment period began April 14; on May 14 public comment also was sought on modifications to the company’s groundwater discharge permit to reflect changes from the relicensing process. Public hearings were held June 4 in Salt Lake City and Tooele County, the host county for Envirocare; the deadline for all comments was June 15.

Significant changes to the license include higher concentration limits for some radionuclides, a uniform cover design, improvements to the construction quality assurance and control procedures.

The U.S. Environmental Protection Agency has concluded an evaluation of Envirocare and found no serious lack of compliance with environmental regulations. EPA will continue to ship wastes to Envirocare from Superfund sites and other hazardous waste cleanup projects. EPA will continue to monitor 18 matters, but the results were consistent with regulatory findings at similar waste management facilities across the country. Problems at Envirocare fell into the categories of monitoring or inspection, testing wastes, records management and treatment of wastes. These problems need correction but do not pose an immediate threat to the public health or the environment.

Publications

4 NCSL’s Environment, Energy and Transportation Program has produced two State Legislative Reports that address issues related to multi-state compacts.

"Low-Level Radioactive Waste: State and Compact Update," written by Jeff Dale, examines the status of the nine existing (and one pending) interstate compacts that 44 states have established to dispose of low-level radioactive waste. According to the report, several states and some compacts have slowed or suspended site preparation for a variety of reasons, including more efficient waste handling by waste generators and questions about whether enough waste exists to make 10 or more disposal facilities economically viable. A summary of the current status of each compact is also included in the report.

"Interstate Compacts and Administrative Agreements," written by Matthew Sundeen and L. Cheryl Runyon, examines the organization and use of multi-state compacts and administrative agreements, analyzes the value of these structures to address various problems and suggests possible alternatives to existing methods of state cooperation.

Both publications are available at no charge to legislators and legislative staff and may be obtained by contacting the NCSL Marketing Department at (303) 364-7700.

4 The NCSL Environment, Energy and Transportation Program has produced a new LegisBrief, "Enforcement of Environmental Crimes." The report by L. Cheryl Runyon examines the actions several states have taken to prosecute firms that violate environmental statutes, including the creation of special prosecutorial offices, "bad actor" provisions to deny licenses to frequent violators, and the use of audits and self-disclosure of violations. Legislators and legislative staff can obtain the report at no charge from the NCSL Marketing Department at (303) 364-7700.

4 The Center for Strategic and International Studies has issued its report, Disposing of Weapons-Grade Plutonium: A Consensus Report of the CSIS Senior Policy Panel on the Safe, Timely and Effective Disposition of Surplus U.S. and Russian Weapons-Grade Plutonium. The report addresses the dual-track approach adopted by the United States—using excess plutonium in mixed oxide (MOX) fuel for commercial nuclear power plants and stabilization of other plutonium reserves in glass or ceramics—and the need for Russia to convert its plutonium into fuel to meet massive energy shortages. Copies of the report are available from CSIS Press, Center for Strategic and International Studies, 1800 K Street, N.W., Washington, D.C. 20006, (202) 775-3119.

4 The Northeast Low-Level Radioactive Waste Compact has published its 1997 annual report outlining the compact’s activities and financial statement from July 1, 1996, through June 30, 1997. Copies are available from Janice Deshais, executive director, Northeast Low-Level Radioactive Waste Commission, 703 Hebron Ave., Glastonbury, Conn. 06033, (860) 633-2060.

4 The Nevada Agency for Nuclear Projects has released a report outlining the radiological health effects assessment program that will track the effect of the Nevada Test Site and Yucca Mountain on the local population. The report recommends development of a program to collect and monitor baseline data before and after any new waste-related programs are implemented by the Department of Energy. Copies of the report are available on the Nevada homepage: http://www.state.nv.us/ncuwaste/.

4 The Yucca Mountain Site Characterization Project within the Office of Civilian Radioactive Waste Management has produced two new brochures and one videotape regarding scientific studies at Yucca Mountain, Nev. One brochure and the videotape address thermal testing at Yucca Mountain and the other brochure discusses the viability assessment currently underway and due to Congress in late September. Copies of the brochures and videotape are available from the project office, P.O. Box 30307, North Las Vegas, Nev. 89036-0307, (702) 792-5555, or from the internet site: http://www.ymp.gov.

4 The Department of Energy’s Office of Inspector General has issued its report, Audit of the Department of Energy’s Contracts with Envirocare of Utah, Inc. (ER-B-98-05). Copies are available from the DOE homepage: http://www.hr.doe.gov/ig.

4 The New Mexico Environmental Evaluation Group has released a report, Sensitivity Analysis of Performance Parameters Used in Modeling the WIPP (EEG-69, May 1998), by Dale F. Rucker. According to the group, "The report investigates modeling parameters considered to be important by EEG in the performance assessment calculations conducted in DOE’s Compliance Certification Application." Copies of the report may be obtained by contacting the Environmental Evaluation Group at 7007 Wyoming Blvd., N.E., Suite F-2, Albuquerque, N.M. 87109, (505) 828-1003.

4 The Nuclear Waste Technical Review Board has issued 1997 Findings and Recommendations, which covers its activities during 1997 and offers recommendations to the Department of Energy regarding the high-level radioactive waste repository program. Topics addressed in the recommendations include DOE’s viability assessment of the Yucca Mountain, Nev., site and other issues related to Yucca Mountain, including continued underground exploration, projections about what will happen when radioactive waste reaches the water table beneath the mountain, transportation of spent fuel, and thermal testing. The reports contain the board’s four recommendations to DOE: alternative design concepts for the repository, interim performance measures at Yucca Mountain, collecting biosphere data and modeling, and expert elicitation. Copies of the report and other NWTRB reports are available from the board’s web site (www.nwtrb.gov) or requests for copies can be made by telephone (703/235-4473), fax (703/235-4495) or e-mail (info@nwtrb.gov).

4 The U.S. Environmental Protection Agency has issued draft federal guidance to increase consistency in how agencies assess the risk of radiation. Federal Guidance Report 13, Part I: Health Risks from Low-Level Environmental Exposure to Radionuclides provides corresponding risks for 100 radionuclides. The risks are represented as the probability of cancer diagnoses or deaths per unit of radionuclide inhaled or ingested. The draft report is available on the EPA internet site (www.epa.gov/radiation); click on Federal Guidance. Comments are due by June 30 to Central Docket Section (6102) EPA, Attn: Air Docket No.A-98-11, Washington, D.C. 20460

4 The Alliance for Nuclear Accountability has issued a response to DOE’s Accelerating Cleanup—Paths to Closure, in which the group alleges the department has no credible plan for addressing the cleanup of former weapons production sites. Copies of the report, Missing the Path to "Cleanup:" Root Causes of the Failures in the U.S. Department of Energy’s Nuclear Weapons Environmental Program, are available from the alliance, 1801 18th Street, N.W., Suite 9-2, Washington, D.C. 20009, (202) 833-4668, fax (202) 234-9536.

4 The Institute for Energy and Environmental Research (IEER) published a report, Containing the Cold War Mess: Restructuring the Environmental Management of the U.S. Nuclear Weapons Complex, in October 1997. Acting Assistant Secretary James Owendoff has responded that some of the problems described in the report will require re-examination of some shallow-land burial sites across the complex. To obtain a copy of the report, contact IEER at (301) 270-5500.

4 The Results of a 1997 National Nuclear Waste Transportation Survey, written by James H. Flynn, C.K. Mertz and Paul Slovic of Decision Research, presents results from a national survey of 972 respondents to questions about high-level radioactive waste transportation. Copies of the report are available from Decision Research, 1201 Oak Street, Eugene, Ore. 97401, (541) 485-2400 or http://www.decisionresearch.org.

4 The April 1998 issue of the Fiscal Focus, a newsletter from the Illinois Office of the Comptroller, contains the articles, "The Road to Storing Nuclear Waste," "The Deregulation of Electricity—Competition Comes to Illinois," and "Deregulation and State Electric Utility Taxes." Copies of the newsletter are available either from the comptroller’s office, State House, Springfield, Ill. 62706 or on the World Wide Web at http://www.comptroller.state.il.us.

Meetings

The 19th Low-Level Radioactive Waste Management Conference

Nov. 10-12, 1998, in Salt Lake City. The U.S. Department of Energy and the University of Idaho have issued a call for papers. Papers can provide institutional, regulatory and technical information to attendees. To submit a paper, view "LLRW conference" at the web site http://www.inel.gov/national/nationl.html or contact Donna Lake at (208) 526-0234. The conference serves as a forum to exchange technical information and assistance with low-level radioactive waste issue and activities.

Waste Management ‘99

"HLW, LLW, Mixed Wastes and Environmental Restoration—Working Towards a Cleaner Environment," Waste Management ’99, Feb. 28-March 4, 1999, Tucson Convention Center, Tucson, Ariz. Contact WM Symposia, (520) 624-8573.

Nuclear Waste Technical Review Board
1998 Sessions

Sept. 15-16, Full Board Meeting, Reno, Nev.

Dec. 8-9, Full Board Meeting, Las Vegas, Nev.

NCSL Meetings

Annual Meeting and Exhibition, July 20-23, 1998, Las Vegas, Nev. For complete program information, call NCSL’s Fax on Demand, (800) 380-7280. For other information, call the NCSL Meetings Department at (303) 364-7700 or fax (303) 860-8057.

Joint Assembly on Federal Issues/Assembly on State Issues Meeting, Dec. 9-11, Washington, D.C. For more information, call the NCSL Seminars Department, (303) 364-7700.

GAO Reports

Department of Energy: Alternative Financing and Contracting Strategies for Cleanup Projects (GAO/RCED-98-169, May 1998).

Department of Energy: Clearer Missions and Better Management Are Needed at the National Laboratories (GAO/T-RCED-98-25, October 1997).

Department of Energy: Information on the Tritium Leak and Contractor Dismissal at the Brookhaven National Laboratory (GAO/RCED-98-26, November 1997).

Environmental Protection: EPA’s and States’ Efforts to Focus State Enforcement Programs on Results (GAO/RCED-98-113, May 1998).

National Laboratories: Information on the Tritium Leak and Contractor Dismissal at the Brookhaven National Laboratory (GAO/RCED-98-26, November 1997).

Nuclear Waste: Management Problems at the Department of Energy’s Hanford Spent Fuel Storage Project: Statement of Gary L. Jones, Associate Director, Energy, Resources and Science Issues, Resources, Community and Economic Development Division (GAO/RCED-98-119, May 1998).

Transportation Infrastructure: Highway Pavement Design Guide is Outdated (GAO/RCED-98-9, November 1997).

The first copy of each GAO report and testimony is free. Additional copies are $2 each. To request copies of these reports, contact the General Accounting Office, P.O. Box 6015, Gaithersburg, Md. 20884-6015, (202) 512-6000, or fax your order to (301) 258-4066. GAO reports also are available on the Internet at www.gao.gov.

Environment, Energy and Transportation Program

High-Level Radioactive Waste Newsletter

Vol. 15, No. 1 July 1998

In This Issue

Federal Activity

Transportation

State/Local/Tribal

On-Site Storage

Low-Level Radioactive Waste

Federal Activity

Transportation

State/Local/Tribal

On-Site Storage

Low-Level Radioactive Waste

Publications

Vol. 15, No. 1
July 1998