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R. Michael Turnipseed, Director Allen Biaggi, Administrator (775) 687-4670 TDD 687-4678
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STATE OF NEVADA KENNY C. GUINN Governor 
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Waste Management Corrective Actions Federal Facilities Facsimile 687-6396
Air Quality |
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Division of Environmental Protection 333 W. Nye Lane, Room 138 Carson City, Nevada 89706-0851 |
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Kathleen A. Carlson Manager National Nuclear Security Administration Nevada Operations Office P.O. Box 98518 Las Vegas, NV 89193-8518 SUBJECT: National Nuclear Security Administration/ Nevada Operations Office Classified Waste Issues The Division of Environmental Protection staff (NDEP) has reviewed the National Nuclear Security Administration, Nevada Operations Office (NNSA/NV) "Position on Managing Classified Low-Level Waste at the Nevada Test Site", dated December 5, 2000. The position paper is limited, as it only addresses Low Level Wastes in the Area 5 Radioactive Waste Management Site (RWMS). Management of classified low level waste at other Nevada Test Site (NTS) locations nor the management of classified TRU waste are addressed. Classified Low Level wastes/materials presently exist on the Nevada Test Site (NTS) in one or more of the following configurations.
2) Below ground disposal cells, from which it could be reasonable retrieved within the Area 5 RWMS; 3) Below ground disposal pits, possibly retrievable, but not within the Area 5 RWMS. The section within the Paper entitled Applicability of the Position states that the position applies to only "fully characterized classified, low level radioactive materials that are either excess, obsolete, off-specification, or no longer needed". Although not explicitly stated, other waste or debris, which have become contaminated with classified constituents as a result of inadvertent contact with the classified material, have also been grouped under the above definition of "materials" for acceptance at the Area 5 RWMS. All of the above "material" types are in fact wastes, requiring appropriate characterization and disposition, classified or not. NNSA/NV goes on to assert that "classified waste" is a term of art without a regulatory definition, and materials at the NTS, either in storage or buried, are defined as radioactive materials, as opposed to radioactive wastes. NNSA/NV asserts items that are classified cannot be waste because as waste they would be "no longer subject to control". NDEP finds this position absurd and cannot concur with this interpretation. Wastes, particularly those that are hazardous or radioactive, do in fact have explicit management requirements under both DOE/DoD Orders and Directives in addition to Solid and Hazardous Waste regulations. The requirements for control and containment of waste being disposed should not be in conflict with security requirements as implied in the Position Paper. If a material has been defined as a waste, then it is a waste regardless of classification. The fact that it is classified merely adds the necessity for additional controls to be implemented at the facility for security purposes. Such actions are an integral part of the long-term stewardship requirements (LTS) that are necessary for the management of both waste and material. Disposal of a classified waste at the NTS: NDEP takes no exception to actions by NNSA/NV to accept, for disposal, low-level classified wastes at the NTS Area 5 Radioactive Waste Management Site (RWMS), from approved off-site generators as long as they meet the requirements of the NTSWAC and any other governing requirements. NDEP would not concur with the disposal/storage of classified wastes at an RWMS on the NTS that fails to meet NTSWAC and any other governing requirements. Specifically, classified materials that do not share the trait of low-level radioactivity and would otherwise be defined as a classified waste that meets the definition of either hazardous waste, mixed transuranic waste, or transuranic wastes, cannot be disposed at the NTS. NNSA/NV should not be accepting classified wastes of this nature from off-site facilities for storage. NDEP contends that NNSA/NV must demonstrate that these classified waste types that are presently in storage on the NTS have a defined path forward to meet appropriate long-term stewardship requirements for treatment and disposal. Absent a clear path forward, these classified wastes types could end up being maintained indefinitely in above ground storage at the Area 5 RWMS. Low-level classified waste/materials in below ground disposal pits, possibly retrievable but not within a RWMS: Low-level classified wastes that are buried at the NTS, but not within a RWMS, present a unique LTS challenge to NNSA/NV. As such, NDEP may concur with a life-cycle management approach, per the Federal Facilities Agreement and Consent Order (FFACO), for these buried low-level classified wastes. In this case, the buried wastes would be defined under the FFACO as a corrective action site (CAS) to be evaluated and managed accordingly. NDEP would also concur with actions by NNSA/NV to manage such waste, for LTS purposes, as appropriate under DOE Order 435.1 and any DOE Orders that relate to the requirements for waste items that remain classified. NDEP strongly objects to leaving such classified wastes (materials) in the ground or in above ground storage without a clear LTS management alternative. As an example, NNSA/NV is currently storing an inventory of classified Transuranic waste at the Area 5 RWMS, however, a path forward for treatment and disposal of these wastes has yet to be defined. NDEP finds this situation unacceptable. In terms of buried classified materials/wastes not within a RWMS, NDEP does not accept the assumption by the NNSA/NV, that such materials/wastes can be defined as retrievably disposed classified materials. If these disposed classified materials are determined to be excess, obsolete, off-specification, or no longer needed and would otherwise be considered waste, then such materials must be managed, for LTS purpose, under the purview of the FFACO and/or DOE Order 435.1. While such classified waste/materials could remain classified, they must be subject to a management approach that addresses all LTS concerns. NDEP requests NNSA/NV to reevaluate their Position with respect to classified wastes taking into consideration the points that have been raised in this letter. Questions concerning the points raised in this letter may be directed to Karen Beckley at (775) 687-4670 ext.3033 or me at ext. 3039. Sincerely. PJL/js cc Karen Beckley, NDEP/CC Mike McKinnon, NDEP/LV Frank DiSanza, NNSA/WM Ken Small, NNSA/WM J.E. Rhoderick, DOE/HQ (EM-22) Sharon Hejazi, NNSA/NV |
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