Administration
Mining Regulations and Reclamation
Water Pollution Control
Facismile 687-5856

Air Quality
Water Quality Planning
Facismile 687-6396

Carl Gertz
Environmental Management
U.S. Department of Energy
P.O. Box 98518
Las Vegas, Nevada 89193-8518

Re: Low-Level Radioactive Waste Streams, Oak Ridge National Laboratory

Dear Mr. Gertz:

   It is our understanding that the U.S. Department of Energy's Oak Ridge National Laboratory (ORNL) is requesting authorization to ship three specific Low- Level Waste (LLW) streams to the Nevada Test Site (NTS) for disposal. The waste streams include both solidified liquids and pressed filter cake (see attached summary). In terms of volume, DOE records indicate that approximately 1500 m3of waste is proposed for shipment to the NTS during federal fiscal year 1999.

   Although these waste streams were previously approved for acceptance at the NTS (per the NTS Waste Acceptance Criteria), the Oak Ridge National Laboratory was not an approved NTS off-site waste generator and, therefore, could not ship the referenced waste to Nevada for disposal. The list of existing offsite NTS waste generators was frozen per the Record of Decision for the NTS Site-Wide Environmental Impact Statement (EIS). Thus, without an amendment to the Record of Decision document, DOE\Nevada cannot accept these wastes from ORNL for disposal at the NTS.

   State officials are aware, however, that when DOE headquarters issues the ROD for the Programmatic Waste Management EIS, Oak Ridge will likely become an approved offsite NTS waste generator, thereby allowing ORNL to ship the wastes to the NTS for disposal.

   We are aware that NTS has two existing small quantity (-1.0m3) Low-Level Mixed Waste (LLMW) streams slated for shipment to Oak Ridge for treatment (burn-up) in the Toxic Substance Control Act (TSCA) incinerator. While these waste streams have been approved by Oak Ridge for incineration, we understand that the TSCA incinerator is currently closed to all off-site users. Accordingly, and assuming that Oak Ridge opens the SCA incinerator for Nevada's waste streams, we would consider a proposal by DOE/Nevada to amend the NTS-EIS-ROD to address acceptance of the waste streams from Oak Ridge. As part of any proposed discussions, however, we would expect DOE to address the transfer of certain funds (i.e., FY99 cost savings associated with storage of the referenced waste streams at Oak Ridge) to the NTS environmental restoration program to expand the Underground Test Area Sub-Project (UGTA program).

   In addition to these concerns, any negotiations concerning a proposed amendment to the NTS ROD must also include actions by DOE to address the State's previously defined "Equity Issues" detailed in comments by the Governor's Office (NWPO) on DOE's Paths to Closure document(s). Likewise, these negotiations should also involve discussions about certain outstanding issues contained in the State/DOE settlement agreement stipulated under the NTS law suit (CV-S-94-00576-PMP-(RLH).

   If you would like to discuss these issues in detail, please contact me or John B. Walker at 687-4670, ext 3039 or 3027.

Sincerely,

Paul J. Liebendorfer, P.E.
Bureau of Federal Facilities

PL/jbw
cc:
Allen Biaggi, NDEP
Karen Beckley/Mike McKinnon, NDEP
Robert R. Loux, Governor's Office - NWPO
Marta Adams, Attorney General's Office, Nevada
Earl Leming, State of Tennessee
Mark Frei, DOE\HQ
Jay Rhoderick, DOE\HQ
Ann Beauchesne, NGA