Important Step Forward For DOE on

Defense High-Level Waste Disposal Decision-Making

DOE seeking public comment of the statutory term "high-level waste"

Today, the Department of Energy (DOE) announced it is seeking comment on the interpretation of the statutory term High-Level Waste (HLW).  This issue is especially important to sites across the nuclear weapons complex (such as Hanford, Idaho, Savannah River, West Valley, WIPP and other sites). 

The notice identifies that “Disposal decisions, when made, will be based on the consideration of public comments in response to this Notice and prior input and consultation…”  DOE will be seeking input from Energy Communities Alliance (ECA), local, state and tribal governments, citizens and others interested in the issue.

The DOE summary states “The U.S. Department of Energy (DOE or the Department) provides this Notice and request for public comment on its interpretation of the definition of the statutory term “high-level radioactive waste” (HLW) as set forth in the Atomic Energy Act of 1954 and the Nuclear Waste Policy Act of 1982. This statutory term indicates that not all wastes from the reprocessing of spent nuclear fuel (“reprocessing wastes”) are HLW, and DOE interprets the statutory term such that some reprocessing wastes may be classified as not HLW (non-HLW) and may be disposed of in accordance with their radiological characteristics.”

Kara Colton, ECA's Director of Nuclear Energy Policies, stated “Today is the important first step in understanding whether basing treatment and disposal decisions on the actual characteristics of waste and the risk to human health and safety – rather than continuing to classify waste based on origin – helps DOE to move waste out of many of our communities more efficiently using a safe, smarter decision framework.”  As ECA outlines in its report, “Waste Disposition: A New Approach to DOE’s Waste Management Must Be Pursued,” a small shift to clarify waste definitions based on composition rather than origin can potentially create additional disposal pathways, expedite safe, risk-based cleanup and save taxpayers upwards of $40 billion.  

“DOE’s interpretation of HLW is that reprocessing waste is non-HLW if the waste:

           I. Does not exceed concentration limits for Class C low-level radioactive waste as set out in section 61.55 of title 10, Code of Federal Regulations; or

          II. Does not require disposal in a deep geologic repository and meets the performance objectives of a disposal facility as demonstrated through a performance assessment conducted in accordance with applicable regulatory requirements.

 Under DOE’s interpretation, waste meeting either of these criteria is non-HLW and may be classified and disposed of in accordance with its radiological characteristics."

The FY18 National Defense Authorization Act (Sec. 3139) has similarly called for the Secretary of Energy to perform an “evaluation of the feasibility, costs, and cost savings of classifying covered defense nuclear waste as other than high-level radioactive waste, without decreasing environmental, health, or public safety requirements.”  The local communities where this waste is currently stored and the communities that may accept it in the future look forward to working together with DOE to ensure risk, composition, safety and stakeholder input are meaningfully considered as part of DOE’s environmental cleanup decisions.

The full DOE Federal Register Notice link is at www.energy.gov/em/