Environmental Management (EM) Roundtable
Augusta, GA - May 20-22, 2008
Meeting Summary and Presentations
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The National Conference of State Legislatures staffs an Environmental Management Roundtable project, which gathers legislators from states that host former nuclear weapons complex sites to discuss and plan for radioactive waste cleanup and ongoing nuclear research missions. The latest meeting was held in Augusta, Georgia in May 2008 and included a tour of the Savannah River Site in Aiken, South Carolina.
Legislator Roundtable:
Georgia -
- The cleanup of the former nuclear weapons complex affects more than just the 12 remaining states that host Department of Energy (DOE) Environmental Management (EM) sites. Waste from cleanup is transported across the country - from the Savannah River Site in South Carolina, for example, it moves right past the capitol in Georgia on its way west to the Waste Isolation Pilot Plant (WIPP) in Carlsbad, NM or to the Idaho National Lab.
- Management of commercial nuclear reactor waste is also an issue in almost 40 states. Vogtle nuclear power plant in Georgia has applied to the Nuclear Regulatory Commission (NRC) for two new reactor units, but the waste storage capacity in its spent fuel pool is shrinking. Hatch nuclear power plant has constructed dry cask storage to supplement its pool capacity and allow for continued operations.
Idaho -
- AREVA recently announced that it chose Bonneville County, Idaho to host its new uranium enrichment facility for creating fuel for commercial nuclear reactors.
- The earliest stages of nuclear energy research happened at the Idaho National Lab (INL). Now that the nuclear renaissance is surfacing in terms of new power plant applications, INL hopes to continue to be at the forefront of making nuclear power safer and more efficient.
- Cleanup of former weapons production sites in Idaho seem to be up to grade and going smoothly. Changes have been seen in the lead contractor at the site (to CH2M) and cleanup decisions (from capping radioactive waste drums in place to removal). Cleaning up the "Pit 9" disposal location poses significant challenges due to its incredible depth and size. The community wants to ensure protection of the nearby Snake River aquifer, but is largely on board with nuclear-related activities in Idaho.
- Expansion of the definition and quantity of radioactive waste permitted disposal at WIPP in New Mexico has been discussed at several EM meetings. This committee should work with DOE to further those ambitions, as sites can not be considered fully cleaned up until their waste has a final disposal pathway.
New Mexico -
- Concerns about who is ultimately responsible for cleanup occur at places like Los Alamos National Lab where both DOE's Office of Environmental Management and the National Nuclear Security Administration (NNSA) conduct operations. A Memorandum of Understanding (MOU) between the state and DOE-EM is in place, but the budget EM has received the last few years has not been sufficient to meet cleanup goals. Contractors are being fined by the state, which is only causing further delays.
- The Los Alamos community would like to see the shipment of its drums of transuranic defense waste offsite to WIPP, which is scheduled to occur later this year.
- Some community members are concerned about the contamination of farms down river from the canyon at Los Alamos if cleanup is not timely and complete. DOE has worked with the state to inventory all cleanup sites, set the remediation process (come to agreement on a timeline and level of cleanup) and audit its work.
Nevada -
- The state continues to doubt the long-term safety of storing radioactive waste at the proposed federal geologic repository at Yucca Mountain. The mountain is porous, and instead of relying on natural barriers for containing radioactive waste, such as the enclosing quality of salt burial, Yucca Mountain disposal would have to rely on engineered barriers. The Nevada Legislature's High-Level Radioactive Waste (HLRW) Committee met recently and heard dubious reports about engineered barriers, such as drip shields, meant to prevent corrosion on canisters holding radioactive waste for hundreds of thousands of years.
- The Nevada HLRW Committee also learned from the Nuclear Energy Institute about reprocessing of spent fuel for further use as energy-generating fuel, and wondered whether burial is the best option at a time when the Administration plans to recycle spent fuel in the future through the Global Nuclear Energy Partnership.
Tennessee - The state considered several bills in this year's legislative session related to radioactive waste, particularly low-level waste disposal. Discussions centered around EnergySolutions application to the NRC to import Italian low-level radioactive waste from the decommissioning of their nuclear reactors for processing at Oakridge in Tennessee and ultimate disposal in Utah. (More on this under the Report from NCSL Staff section.)
Texas - The Pantex Plant for weapons and disassembly has had a poor history of radioactive waste disposal. Environmental impacts were not considered in early operations at the site, and concerns have focused on preventing contamination near the aquifer. Assessments of environmental quality are performed regularly and about 85-90 percent of the community support ongoing nuclear-related activities in Texas.
DOE Environmental Management Update
Dr. Ines Triay, Principal Deputy Assistant Secretary; U.S. DOE-EM
PowerPoint Presentation
The DOE Office of Environmental Management (EM) manages the worlds largest environmental cleanup program, which includes 34,000 workers, 80 million gallons of highly radioactive liquid tank waste and 4,500 facilities to cleanup and demolish.
The number one priority of EM is safety - the program wishes to reduce risk while maximizing regulatory compliance. Since James Rispoli took over direction of EM in 2006, a major focus has been strengthening program and project management. Details of the significant cleanup progress in fiscal year 2008 and plans for fiscal year 2009 may be found on the PowerPoint presentation.
Issues to be Resolved:
The Administration recognizes EM’s fiscal year 2009 budget request would not enable DOE to meet all of the milestones contained in cleanup agreements negotiated with states and tribes. As well as budget cuts, an incomplete knowledge of the complexity of cleanup, inconsistent performance, overly optimistic assumptions, and emerging technical barriers have hampered delivery of agreed upon milestones. DOE-EM will provide independently audited cost and schedule baselines and life-cycle planning estimates to engage regulators, stakeholders and tribal nations in meaningful dialogue about existing priorities and mutually identify opportunities to complete cleanup.
Q&A
Comment: The states are still concerned about the reversal seen at the federal level to its commitment of accelerated cleanup savings being reinvested in the program. Instead, as sites close, EM budgets are reduced. Public opinion about the way the country manages cleanup of radioactive waste will affect its support for a nuclear energy renaissance.
Comment: It seems as though DOE-EM is attempting to process waste in a way that it can be identified as transuranic defense waste to allow for its disposal at WIPP. DOE may wish to work with the states and the local New Mexico communities around WIPP to change the rules limiting what types of waste may be accepted at the site.
EM Budget and Strategic Planning
Merle Sykes, Deputy Assistant Secretary; DOE-EM Office of Budget
PowerPoint Presentation
DOE-EM must create an integrated priority list each year from which the Office of Management and Budget determines the budget request. EM includes financial needs to meet all compliance agreements in its budget request, but the resulting budgets may require changes to the schedule of such agreements.
The first objective of EM's budget office, and perhaps this group, is to persuade the new administration that cleanup of the former nuclear weapons complex is a top priority. To do so effectively, interested parties must present a clear business case for funding the program at high levels.
Priorities within the EM program include finishing all small sites first and managing nuclear materials, tank waste and spent nuclear fuel. With lower funding, lower priorities such as soil and groundwater remediation and deactivation and decommissioning of buildings may see cuts. As many of the cleanup projects at Los Alamos involve these lower priority issues, EM understands they will need to look at the site's budget to assure progress continues. The new management team at Los Alamos has addressed many of the performance issues that were holding back advancement in cleanup at the site.
DOE seeks input from states on budget considerations throughout the year, and this year there will be an additional three months to provide such input (through December) since the election will bring in a new administration. EM needs states to help make the case for fully funding the program as a top priority. EM is not confident, but hopeful, that its budgets will return to higher levels seen in the early to mid 2000s (upwards of $7 billion instead of the roughly $5.5 billion sought for fiscal year 2009).
DOE-EM understands the interest of the states to optimize use of the only disposal facility in the country for higher-level radioactive waste at WIPP, to ensure cleanup and closure of sites continue. States have a powerful ability to lobby their congressional delegations to encourage changes in law to expand the definition and scope of allowable materials for disposal at WIPP.
Planning for the Transition to a New Administration
Jim Fiore, Director; DOE-EM Office of Management Analysis and Process Management
PowerPoint Presentation
For the DOE Office of EM or the states/tribes to persuade the new Administration to invest more in site cleanup, they must convince it that the program is being managed well. The National Academy of Public Administration (NAPA) recently completed a report detailing project management at EM and provided suggestions for improvement. Sixty percent of the recommendations have been implemented, and EM hopes to have the rest in place by the end of this year.
Report findings included insufficient staff at EM and the need to reorganize upper management and strengthen the Chief Operating Officer to oversee field work. To address the first, EM is looking at workloads and skill mixes to determine what positions are needed, and has instituted an intern program to bring in fresh talent. To assist with the second and other report recommendations, EM is conducting technology readiness assessments, working to better its internal and external communications and looking at ways to speed its procurement process by centralizing it.
Transition team readiness is a top priority in the Office of Management Analysis and Process Management, with an ultimate goal of persuading the new Administration and Congress to invest more in the EM program. EM needs to deliver better on its projects in terms of staying on cost and schedule. A more rigorous management system is in place today and will be institutionalized for continuity across changes in political will.
Q&A
How can states and tribes partner with you to make your transition efforts successful?
- DOE-EM and the states/tribes need to ensure we are communicating the same message so that it gets through loud and clear. DOE has a set message and will share it with interested parties. Steve Morello, Deputy Assistant Secretary for Intergovernmental and External Affairs, has agreed to do the same with the tribes.
- The first material argument for investment is compliance with legal agreements made between DOE and states/tribes. Another argument is that investment in cleanup early will reduce total lifetime costs of the program. Finally, EM's mission is growing with added responsibility for managing new waste streams from increased research of nuclear energy and waste management, for example, with the Global Nuclear Energy Partnership.
Nuclear Fuel Cycle Tutorial
Dr. Ned Z. Elkins, Group Leader; Carlsbad Operations/WIPP Program Manager
Dr. Gordon Jarvinen, Associate Director; Los Alamos National Lab-G.T. Seaborg Institute
PowerPoint hard copies available upon request.
This three and a half hour session include a complete A to Z… How does mined uranium become nuclear reactor fuel, and what are the most viable and safe options for managing the waste that results from nuclear energy generation?
The soon-to-be-released online educational resource created by NCSL, known as the Legislator Toolkit, will provide a basic and comprehensive presentation tool for explaining nuclear energy and waste issues to the general public. Check the NCSL Nuclear Waste webpage here in the coming months for access to the toolkit.
Report from NCSL Staff
Christina Nelson, NCSL Senior Policy Specialist, Environment and Natural Resources
Project Update:
Priorities of the EM Roundtable from the fall 2007 meeting were:
- Adequate funding for EM sites, including the reinvestment of accelerated cleanup savings. States may advocate for such funding with an emphasis on the consequences of delaying cleanup (higher lifetime cost of the project, dwindling public support and trust, environmental effects).
- Coordination of EM and NNSA missions at cleanup sites.
- The determination and promotion of nuclear energy to qualify as part of a state's renewable portfolio standard. How does cleanup and management of waste at EM sites affect public support for nuclear energy?
- Educating fellow legislators as term limits create hurdles to institutional memory.
NCSL's Federal Facilities Policy is used to advocate for EM cleanup on behalf of the states and will sunset in August 2010. State legislators may suggest revisions/amendments to the document, which may be found here. An Environmental Management primer booklet is in the final stages of edits and should be published and available in June. It covers all aspects of the EM program, with new sections on understanding the federal budget process and efforts toward safe transportation of EM wastes.
State and Federal Legislation on Nuclear Waste:
NCSL manages a database of all state legislation on radioactive waste, which may be found here. At least 11 states proposed bills this year to study or promote new nuclear energy. Five states proposed bills on low-level waste disposal requirements, four on ensuring adequate decommissioning funds for nuclear power plants, and four on the need for interim storage or a final geologic repository at Yucca Mountain, NV.
NCSL staff also provided a summary of 21 federal bills related to nuclear waste, including two proposed in May to provide incentives for new nuclear power and to establish a High-Level Waste Authority to manage waste products.
In the News:
Nuclear Energy Renaissance - NCSL staff provided a listing of companies who have submitted license applications to the Nuclear Regulatory Commission (NRC) for the construction and operation of new nuclear power plants (and a map of reactors by state). That listing may be found here.
Italian Radioactive Waste Disposal in Utah - EnergySolutions, a full services nuclear fuel cycle management company based in Utah, has applied to the NRC to import Italian low-level radioactive waste from decommissioned commercial reactors for processing at Oakridge in Tennessee and final disposal in Utah. The 20,000 tons of waste would be reduced (through incineration and recycling of certain materials) to 1,600 tons, less than one percent of what is buried at the EnergySolutions disposal site in Utah each year.
Concerns about the request have come from the Northwest Low-Level Waste Compact, Utah Radiation Control Board, Congressmen from Tennessee and Utah, and state assemblies in South Carolina and Louisiana (where ports of entry are located). Although 1.5 million tons of foreign waste (from Germany, Belgium, Canada) have been processed at Oakridge, this request has garnered significant backlash due to concerns that the U.S. would become the world's dumping ground for low-level waste.
The NRC has regulatory authority over importing waste, but states ultimately may decide on low-level waste disposal within their borders. Utah Governor Jon Huntsman did not initially oppose the proposal since it met the state's requirements as to the pedigree of waste (Class A - the lowest concentration of radioactivity that usually loses its punch in 100 years) and did not require additional capacity beyond the one-square mile dedicated to the disposal site. The question of jurisdiction is now being considered in federal court.
Status of the Yucca Mountain Federal Repository Program - The budget for the Yucca Mountain project decreased about 20 percent in fiscal year 2008 to $386 million. The Bush administration has requested $495 million for fiscal year 2009.
Despite financial setbacks, the DOE Office of Civilian Radioactive Waste Management (OCRWM - which manages the Yucca Mountain project) plans to submit a license to construct and operate the repository to the NRC in June. A final environmental impact statement is expected shortly thereafter. Other reports expected from OCRWM this year cover the need for a second repository and the prospects of interim storage for spent fuel from decommissioned reactor sites (both requested by Congress).
Financial cutbacks have impacted OCRWM's plan to begin construction of the Nevada rail line to Yucca Mountain in 2009, as well as a pilot project for distributing funds required in the Nuclear Waste Policy Act of 1982's Section 180(c) for emergency preparedness to states along transportation routes. A top priority at OCRWM this year is addressing public perceptions of risk in shipping radioactive waste.
More on these and other current issues involving radioactive waste may be found on NCSL's NUCLEAR unWASTEd NEWS page here.
EM Waste Disposition Update
Frank Marcinowski, Deputy Assistant Secretary for Regulatory Compliance; DOE-EM
PowerPoint Presentation
Plans for EM waste stream management in the near future include:
Spent Fuel Transfer - Aluminum-clad enriched uranium will be sent from Idaho National Lab to the Savannah River Site in South Carolina for processing at H-canyon. Some of the byproducts will be combined into a mixed oxide fuel for use at commercial nuclear reactors. Non aluminum-clad enriched uranium will be sent to Idaho for storage. The transportation transfer campaign will begin in late 2009/early 2010 and continue for about ten years.
Sodium-bonded fuel will be consolidated at Idaho National Lab.
Surplus Plutonium from several sites around the complex, including Hanford in Washington, is being consolidated and stored at Savannah River Site.
Depleted uranium hexafluoride - DOE-EM is not yet sure where excess depleted uranium will be disposed, either at the Nevada Test Site or EnergySolutions in Utah. An analysis is being conducted to determine whether shallow burial is appropriate.
Greater than Class C (GTCC) low-level waste - DOE-EM is currently completing an environmental impact statement (EIS) to recommend a disposal method and location for GTCC waste (activities associated with the Global Nuclear Energy Partnership would add to the stockpile of this waste). The draft EIS is facing a one-year delay and will likely be released in mid to late fiscal year 2009.
Transuranic (TRU) waste disposition is ongoing at WIPP. A DOE board decides the schedules and sites that will ship waste, and will report those to the states as they become available. Hanford is building the capacity to repackage TRU waste at its own site in order to be characterized appropriately for shipment and disposal at WIPP, but in the meantime its TRU waste will be sent to Idaho for repackaging (where the capacity already exists).
Uranium 233 will be down blended and sent to WIPP for disposal according to Congressional direction.
A final draft EIS on liquid tank waste is expected to be released later this year.
National Nuclear Security Administration (NNSA) Complex Transformation
Theodore (Ted) A. Wyka, NNSA Manager; Complex Transformation Supplemental Programmatic Environmental Impact Statement
PowerPoint Presentation
The idea of transforming the NNSA Complex into a more efficient manager of the nation's nuclear weapons stockpile began with a nuclear posture review conducted by the Bush administration in 2001. The review found that efficiencies could be made by reducing redundancies in the large geographic and personnel scope of the Complex, heightening security and reducing costs. The U.S. has already destroyed 12,000 nuclear weapons, and plans to consolidate special nuclear material from eight NNSA sites around the country to fewer and smaller "Centers of Excellence," shrinking the overall Complex footprint by about 40 percent.
A programmatic EIS for the transformation is expected to be released by the end of this summer, and a Record of Decision will be made in October 2008.
WRAP UP
Action items from the meeting included:
- More active promotion (via the internet and media) of informational resources on the successful history of EM cleanup and the safe transportation of radioactive waste. NCSL is finishing work on an online Legislator Toolkit covering nuclear waste issues, and input from EM Roundtable participants will be sought. Once live, NCSL plans to promote this toolkit in all available arenas that touch on nuclear energy and waste.
- Better education of fellow legislators who sit on committees of jurisdiction over nuclear energy and waste issues. Tennessee's legislature is considering holding a hearing on the transportation of hazardous waste, which the EM Roundtable project may help inform.
- Study the prospects of expanding the definition of allowable waste for disposal at the Waste Isolation Pilot Plant in Carlsbad, NM.
- Encourage stronger lobbying efforts by state legislators and NCSL's D.C. office to ensure appropriate levels of funding for EM cleanup.
As we move forward this year, NCSL staff will work on these issues and continue to cover events related to interim storage (to ensure waste confidence for new nuclear energy investment), reprocessing of waste and the need for a second nuclear waste repository. The next EM Roundtable will likely be held the week of November 10, 2008 in Snowbird, UT.
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