DOE PROSPOSES A LEGACY TRU WASTE DRAFT DEFINITION FOR COMMENT
DOE’s Waste Isolation Pilot Plant (WIPP), pursuant to DOE’s permit and as a part of its Legacy TRU Waste Disposal Plan, provided a proposed draft definition of Legacy transuranic (TRU) and TRU mixed waste last week. The DOE Proposed Draft Definition is as follows:
“Legacy TRU and TRU mixed waste is defense-related TRU waste generated from the safe cleanup of environmental legacy resulting from decades of nuclear weapons development and defense-related testing and research.”
The WIPP mission includes disposal of defense transuranic (TRU) waste from the DOE sites in communities across the country. Defense TRU waste includes waste generated from historical activities dating back to Manhattan Project and Cold War and current ongoing defense missions. The new WIPP permit would reserve one of the future panels—where waste is emplaced underground at WIPP—for “legacy” waste. DOE must develop a plan that defines legacy waste and describes how its disposal will be prioritized in the future underground disposal panel 12, which is expected to begin receiving waste in approximately 2029. This plan could affect the prioritization of waste shipments and the accessibility of WIPP as a disposal route for some waste, depending on how it’s defined and what DOE lays out in its plan. For more information, read DOE’s fact sheet on these issues here.
To develop the proposed draft definition, WIPP consulted generator sites, storage sites, and stakeholders to receive expert advice and input. Right now, the definition is inclusive of:
TRU defense related waste from cleanup of contaminated nuclear weapons manufacturing and testing sites
waste from disposition of nuclear materials that could be used in nuclear weapons
deactivation and decommissioning of several thousand radiologically and chemically contaminated facilities no longer needed to support the Department of Energy’s mission
remediation of extensive surface and groundwater contamination
Other types of waste included in the definition were more contentious and received pushback from certain stakeholders that WIPP consulted with. WIPP provided rationale for why it included these forms of waste in its definition:
All TRU defense-related waste at generator/storage sites currently in retrievable storage, waste covered or buried, waste in trenches, caissons, underground tanks and cribs, environmental media from remediation/cleanup activities
This waste is included based on generator/storage site definitions and input received from stakeholders.
Future decontamination and decommissioning (D&D) waste of facilities used for weapons production or research that generated legacy waste.
This waste is included based on generator/site definitions, input received from stakeholders and because D&D waste would be contaminated with legacy materials.
Plutonium identified as surplus to national security needs or excess materials created for, used in, or resulting from weapons manufacturing processes.
DOE has an enforceable Settlement Agreement with the state of South Carolina to remove 9.5 MT of surplus plutonium from South Carolina by 12/31/36. This waste is included because of this agreement and the need to dismantle legacy weapons
Tank waste that is determined to be defense-related TRU and TRU mixed waste, is approved through a Class 3 permit modification, and meets WIPP Waste Acceptance Criteria requirements.
This waste is included because it is from the legacy cleanup for waste that meets the WIPP Waste Acceptance Criteria.
CERCLA waste that may be excavated/removed and requires disposition.
Generator/storage sites and stakeholders agree that this type of waste should be included in the definition of legacy waste. This waste is included based on previous cleanup activities and potential future cleanup needs.
Future Record of Decisions (RODs) and RCRA Corrective Actions
Hanford indicated that they have numerous burial sites that don’t have RODs yet, which will also be included in the inventory once a ROD is obtained. This waste is included to support Hanford and facilities that may have similar issues.
This past Monday, the U. S. Department of Energy Carlsbad Field Office and Salado Isolation Mining Contractors conducted a virtual WIPP Information Exchange to receive public input on the definition. Meeting attendees voiced some concerns about the definition, including:
Expanding the scope of outreach to receive input from a wider variety of local stakeholders
Retooling outreach in order to better reach and receive public input
Age of legacy waste not being concretely defined.
Risk level of legacy waste not being included in the definition.
The definition does not outright exclude other forms of waste.
Click here to watch a recording of the WIPP Information Exchange, which can be viewed bottom of the page.
WIPP, as a requirement of its permit, intends to submit its plan to New Mexico Environment Department by November 3, 2024. A public comment period from November 2024 – January 2025 will follow.
ECA Survey
At the request of ECA members, over the past few months, ECA conducted outreach to over 1000 contacts invested in waste cleanup to receive responses for our survey: “Should DOE Prioritize “Legacy” TRU Waste or Treat all TRU Waste Equally for Disposal at WIPP Under the New Permit with the State of NM?” The survey closed on September 18, and ECA is currently developing a report to summarize and showcase the results of the survey in the next week.