ECOS meeting recap, progress on waste storage sites, and nuclear legislation
Recap: ECOS/ECA meeting on Nuclear Waste Disposition
On August 11, ECA co-hosted a virtual discussion with the Environmental Council of the States (ECOS) on nuclear waste disposition planning and priorities. After opening remarks by Kara Colton, Director of Federal Nuclear Policy at ECA, and Greg Lovato, Administrator of the Division of Environmental Protection for the State of Nevada, participants heard first from Mark Senderling, Deputy Assistant Secretary for Waste and Materials Management with the DOE’s Office of Environmental Management (EM). Senderling gave detailed explanations of each phase of EM’s waste acceptance process, which is comprised of four steps: waste characterization; disposal options analysis; waste certification; and package, transport, and disposal. He then provided information on waste acceptance criteria (WAC), which identify the requirements, terms, and conditions under which DOE and commercial radioactive waste disposal facilities will accept wastes for disposal. Senderling went on to discuss currently operating low-level waste (LLW) disposal facilities (see map below).
Photo credit: Office of Environmental Management
Senderling proceeded to discuss key milestones and updates to the interpretation of high-level waste (HLW). The objective of HLW policy is to manage radioactive waste generated from reprocessing of nuclear fuel based on its level of radioactivity, not its source. He highlighted that “the public is involved, and the regulators are involved in the implementation of this interpretation.” Currently, the Secretary of Energy is “committed to conducting a review of HLW, but there is no other news at this time,” according to Senderling.
The next subject of discussion was an update on the Waste Isolation Pilot Plant (WIPP). The site recently increased shipments of nuclear waste, which had fallen due to the COVID-19 pandemic, from around five times per week to approximately 10 times in the same period. Senderling stated, “WIPP remains a cornerstone of DOE’s ongoing cleanup efforts,” and that “when we are shipping waste, we are reducing risk.” He went on to describe current WIPP priorities, which include mining new panels, maintenance of the facility, upgrading infrastructure, and developing new designs for remote handled waste. In this discussion, he stressed the importance of prioritizing worker safety and noted several measures DOE is undertaking to protect worker health and safety, such as upgrading ventilation systems.
The penultimate conversation was centered around Greater-Than-Class C (GTCC) LLW. In 2019, the Nuclear Regulatory Commission (NRC) issued a Draft Regulatory Basis for GTCC LLW disposal, which lays the regulatory foundation for the disposal of GTCC. In 2020, NRC staff submitted a paper to the Commission on recommendations for a path forward. An interjection by Congress has left the status of GTCC LLW disposal awaiting action by Congress, and Senderling hopes to see progress on GTCC in the fall.
Senderling’s final remarks addressed waste disposal considerations at large, including an ongoing review of DOE’s Radioactive Waste Management Manual and the current sufficiency of DOE and commercial facilities to support the EM cleanup mission. He concluded by noting that all decision-making regarding waste disposal would consider the full protection of workers, public health, and the environment; would comply with all applicable requirements; and would be in the best interest of the government.
Following a brief Q&A session came a presentation by Kristen Ellis, Acting Director of Regulatory Intergovernmental and Stakeholder Engagement at EM, on EM’s Strategic Vision and priorities under the new administration. The Strategic Vision, intended to be a living document, lays out the priorities for the next decade for EM programs. Ellis noted that EM considers this to be “a new era that we’re entering into.” Plans for the next 10 years include “being out” of four sites (Lawrence Livermore National Laboratory, Nevada National Security Site, Moab Uranium Mill Tailings Project, and Sandia National Laboratories), closing 22 of 51 underground tanks at Savannah River Site (SRS) along with skyline changes, including the demolition of two out of three former uranium buildings at the Portsmouth site. EM also plans to continue to highlight groundwater treatment at Los Alamos, with long-term implementation plans underway.
Regarding priorities under the Biden administration, EM is looking to reduce the energy use and greenhouse gas emissions from its facilities. Projects are currently underway to achieve these goals such as lighting retrofits at the Hanford site, changing potable water consumption at SRS, and supporting electric vehicles at WIPP. EM is “very involved” in the DOE Climate Action Plan, according to Ellis, which includes “updated climate vulnerability assessments, including how extreme weather impacts sites and how that’s impacted by climate change.” She expects there will be “a lot more related to climate change and sustainability coming down the line.”
Ellis went on to say that the Biden administration “has placed a lot of emphasis on the new generation workforce.” The FY 2022 budget request included increased funding to an existing EM program at SRS that highlights diversity and inclusion, as well as supports a new program that would focus on STEM, manufacturing, and cybersecurity. Ellis also underscored EM’s involvement with working groups within DOE on equity and environmental justice. She specifically noted EM’s commitment to Justice40, a directive “to deliver at least 40 percent of the overall benefits from Federal investments in climate and clean energy to disadvantaged communities,” according to The White House. EM is working to highlight existing environmental justice programs in the Los Alamos region. Ellis stated that this work “has the potential to reframe how we’ve been interacting on our communities and take some lessons learned from the whole of government and apply them to all of our communities across the complex.”
The final portion of the day’s proceedings was a facilitated dialogue on understanding local and state priorities and expectations for waste disposal with Carolyn Hanson, Deputy Director of ECOS. Participants used an online interactive whiteboard to anonymously ask questions, and discussions on several topics arose, including long-term stewardship situation with respect to on-site disposal, landfills permitted through the state, and site projects that require consultation among multiples parties, namely the DOE, EPA, tribal authorities, State, local government, and pueblos.
This highly informative and subject-packed meeting will be available for online viewing at www.energyca.org. ECA would like to thank ECOS, Mark Senderling, Kristin Ellis, Greg Lovato, and all participants for their enthusiastic contributions to the success of this meeting. Perhaps put best by Lovato during his opening remarks, “Waste brings us together.”
Waste storage sites get green light in TX and NM
Photo credit: Nathan J. Fish/Sun-News
The Nuclear Regulatory Commission (NRC) issued its final environmental impact statement in late July declaring a proposed storage facility for spent nuclear fuel near the western Texas/New Mexico border will have no impact on the environment.
Interim Storage Partners (IPS) proposed building the temporary waste storage facility in Andrews County, Texas. The site would be prepared to manage 40,000 metric tons of spent nuclear fuel rods on a temporary basis. But even storage on an impermanent basis garnered concern from some who worry that the facility could become permanent and risk radiation exposure to the local communities.
Concerns of a similar nature were voiced over the border in New Mexico, where Holtec International is currently proposing a waste facility between the cities of Carlsbad and Hobbs, NM. The NRC has determined, however, that both sites will not impose any risk to the environment. The agency supports the facilities and methods at both sites for storing high-level waste coming from generator sites.
Despite NRC’s safety assurances, state lawmakers from Texas, including Governor Greg Abbott, published a letter stating that both the Holtec and IPS projects were outlawed in the Nuclear Waste Policy Act (NWPA), citing that the Act disallows temporary storage of waste before a permanent repository is available. Local governments in five Texas counties, including Andrews County, and three cities passed resolutions opposing the facility.
On Monday, August 16, the NRC published its response to claims from New Mexico’s attorney general that the Holtec facility violated federal law. The NRC argued that the agency has the right to license commercial facilities under the Atomic Energy Act, not the NWPA; the latter only applies if the Department of Energy has filed a license to construct a federally owned facility.
Both the Texas and New Mexico projects are in the late stages of NRC licensing review. The agency has stated it should complete its required environmental review of the Holtec site by November and should make a final decision by January 2022. A final decision regarding the IPS site should be ready by next month.
Nuclear Power Purchase Agreement Act introduced in House
On July 29, Reps. Dan Newhouse (R-WA) and Elaine Luria (D-VA) introduced the Nuclear Power Purchase Agreement Act (HR 4834). The legislation aims to establish a long-term nuclear power purchase agreement program and directs the Secretary of Energy to enter into one or more agreements to purchase nuclear power from reactors licensed after January 2020 for a period of up to 40 years. The Act also requires the Secretary to enter into at least one national security-related agreement to provide reliable and resilient power in remote off-grid and emergency scenarios by no later than 2026.
“Nuclear technologies are a vital part of our nation’s energy portfolio, and we must continue to create a strong pathway forward for nuclear research and technologies,” said Rep. Newhouse. “This legislation would bring the federal government and industry together and encourage continued innovation to bolster our national security, provide reliable and resilient power in remote off-grid and emergency scenarios, and create jobs in communities like ours in Central Washington.”
“Having operated nuclear reactors on aircraft carriers, I know nuclear energy has immense potential as a clean and safe energy source,” said Rep. Luria. “The Nuclear Power Purchase Agreements Act will direct the federal government to purchase power from advanced nuclear reactors. This will incentivize innovation in the nuclear sector and spark more widespread adoption of nuclear power. As we strive to reduce and eliminate carbon emissions, nuclear energy must be part of the solution.”