Today, the U.S. Department of Energy (DOE) published two new Federal Register notices:
These notices follow DOE's October 2018 Request for Public Comment on the U.S. Department of Energy
Interpretation of High-Level Radioactive Waste.
The Supplemental Notice Concerning U.S. Department of Energy Interpretation of High-Level Radioactive Waste provides additional explanation of DOE’s interpretation as informed by the input received during the 90-day public review and comment period that closed in January.
In the Supplemental Notice, DOE reiterates its interpretation of the statutory term “high-level radioactive waste (HLW) as defined in the Atomic Energy Act of 1954, as amended, and the Nuclear Waste Policy Act of 1982, as amended such that some reprocessing wastes may be classified as not HLW (non-HLW) and may be disposed of in accordance with their radiological characteristics.”
The Energy Communities Alliance (ECA) believes DOE’s interpretation could speed up cleanup at several sites (Idaho National Laboratory, Hanford, West Valley and the Savannah River Site); develop a path forward for waste stranded in interim storage and tanks; and potentially save billions of taxpayer dollars.
DOE specifically notes, however, “…subsequent DOE action is required before the interpretation in this Supplemental Notice can be implemented. This Supplemental Notice, therefore, does not alter the Department’s current management of reprocessing waste for any specific waste stream. Each reprocessing waste stream has unique radiological characteristics and, accordingly, the interpretation will be implemented in subsequent actions on a
site-specific basis, following consideration of: evaluation and characterization of specific reprocessing waste streams in conjunction with the waste acceptance criteria and requirements of a specific waste disposal facility; input from affected stakeholders (e.g., federal, state, local and tribal officials; and members of the public); and compliance with applicable federal and state laws, regulations, and agreements. This interpretation does not, and will not be used to, abrogate DOE’s
responsibilities under existing laws, regulations, agreements, or permit requirements. Nor does it change DOE’s existing statutory authorities or those of its regulators at the federal, state, or local level. DOE anticipates continued engagement and productive involvement of members of the public and the regulatory community in subsequent activities that may follow this HLW interpretation, including the NEPA process…”
DOE also states, “This interpretation does not change or revise any current policies, legal requirements, or agreements with respect to HLW. Decisions about whether and how this interpretation of HLW will apply to existing wastes would be the subject of subsequent actions. No implementation actions will be taken without appropriate interactions with affected state and local officials.”
The second notice announced, the Environmental Assessment for the Commercial Disposal of Defense Waste Processing Facility Recycle Wastewater from the Savannah River Site (NOI), reflects the Department’s first step in determining whether and how to implement its HLW interpretation specific to a particular waste stream by initiating a National Environmental Policy Act (NEPA) action to analyze the
potential environmental impacts of the disposal of a Savannah River Site reprocessing waste stream as non-HLW at a commercial disposal site.
ECA supports DOE’s steps forward today to more fully evaluate the statutory definition of HLW. As the communities hosting DOE’s federal facilities, ECA is encouraged by DOE’s pursuit of safe, risk-based and nearer-term alternatives to move some of DOE’s legacy defense waste into safe storage and disposal facilities in the absence of Yucca Mountain or another deep geologic repository.
DOE's press release on the Federal Register notices is available here. DOE has also created a HLW interpretation webpage
with links to additional resources and information, including a new video released today.
