A nuclear waste repository near Carlsbad could be considered for the disposal of commercial waste as the U.S. Department of Energy seeks alternatives to leaving it where it was generated.

The Waste Isolation Pilot Plant is only permitted to dispose of the U.S. Department of Energy’s (DOE) transuranic (TRU) nuclear waste via burial in an underground salt deposit under federal law.

It’s trucked in from DOE sites and national laboratories around the country, consisting of mostly clothing materials, equipment and other debris irradiated during nuclear activities like research or weapons development.

But in a Sept. 29 report from federal watchdog agency the Government Accountability Office, the DOE identified WIPP as “preferred alternative” to disposing of this additional stream of waste known as “greater than Class C (GTCC)” waste.

GTCC waste is a type of commercial low-level nuclear waste coming from decommissioned reactors or unused medical or industrial equipment, said the report.

The DOE is responsible for disposing of this commercial waste, along with similar waste generated by the government known at “GTCC-like” waste, the report read, originating from nuclear cleanup operations at government-owned facilities.

“Until a legal disposal option becomes available, GTCC and GTCC-like waste will continue to be stored at the sites where it was generated or at storage facilities, incurring environmental and security risks as well as storage costs,” the report read.

About 12,000 cubic meters of the wastes were expected to be generated and require disposal through 2083, read the report, and the DOE found that WIPP, commercial disposal sites or both would be ideal for addressing the waste.

The report found multiple regulatory and legal hurdles to dispose of the waste, which is presently stored at the generator sites.

“GTCC and GTCC-like waste currently do not have a legal pathway for disposal,” read the report. “DOE is responsible for identifying a pathway for and carrying out disposal of both types of waste.”

It found the Nuclear Regulatory Commission (NRC), which largely oversees commercial waste originating from private facilities like nuclear power plants, must update its regulations that restrict disposal of the waste and to allow the NRC to potentially relinquish authority for disposing of the waste to the states.

The DOE must also await Congressional direction before proceeding with disposal of the GTCC waste, the report found, as present federal law could bar the federal government from taking control of commercial waste.

NRC’s role in disposal of the waste is approving a facility for the work while the DOE must find a “pathway” to disposal, the report read, and conduct the operations once receiving NRC approval.

“However, without clarification of NRC’s statutory ability to relinquish this authority, NRC could face litigation,” the report read. “This could delay disposal and lead to continued costs and risks.” 

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