The ORR cannot now ship low level waste to the Nevada Test Site. The approval of the Amendment to the Nevada Test Site Environmental Impact Statement Record of Decision will establish the Oak Ridge Reservation as an approved generator of low level waste for shipment to the Nevada Test Site. The following facts are pertinent to this issue:

• The U.S. Environmental Protection Agency granted NTS CERCLA Off-Site Rule disposal approval July 7, 1998, so now NTS is an EPA approved disposal site and can accept CERCLA and legacy wastes
• Technically, there is no compelling reason for delaying shipments to NTS.  The waste quantities received by NTS, including projected waste from Oak Ridge, is within the bounds covered by the NTS EIS ROD, and the waste from Oak Ridge meets the Waste Acceptance Criteria at NTS.  Both state regulatory agencies agree that the waste can be accepted and shipped to NTS. All of the delays inherent in this project are due to administrative and political reasons.
• The revised proposed NTS ROD amendment has been in DOE-HQ since October 1998, please explain why it is taking DOE such a long time to make a ruling on this matter when their doesn't appear do be any technical reason for delaying it.
• In Oak Ridge, we have over 40,000 m3 of legacy LLW inventory, more than any other complex in the DOE system.  The cost for our storage of this waste approaches $7 million dollars per year.  Without access to LLW disposal sites like NTS or Richland, the inventory of legacy waste continues to increase, and the related costs allocated for storage increases as well. The lack of shipment is increasing the mortgage cost for LLW legacy waste, which has been prepared for shipment or could be rapidly so prepared. These funds are urgently need to enable other field remediation activities.
• The geology, rainfall and high water tables make the ORR a poor candidate for disposal of some forms of LLW.
• Disposal at NTS may provide a more cost effective alternative to other disposal sites.
• The lack of firm plans for shipment to NTS increases RI/FS, PP and ROD costs by forcing the consideration of other options in the planning stage.
• As remediation plans are developed, the lack of firm shipment plans is causing a credibility gap between some stakeholders and the DOE.

Specific ORR Remediation Projects Affected
 

• The Core Hole 8 Removal Action is scheduled to be conducted this summer to remediate the source of one of the most contaminated groundwater plumes on the Oak Ridge Reservation.  Not having NTS open to Oak Ridge may result in delaying the project, causing significant schedule and cost impacts.  The same is true for the ORNL Surface Impoundment remediation project, which has been awarded and on schedule to construct the treatment facility this year. Without a home for the waste this project may also be delayed.
• Classified waste from the BNFL Three Building D&D Project at ETTP is also a high priority for disposal at NTS.  Without the ability to send the waste to NTS, the contract will need to be amended to incorporate the development of costly classified waste storage at ETTP.
• Waste currently in storage in the K-25 vaults at ETTP are also high on the priority list due health and safety concerns. Therefore a commitment has been made to remove the waste from the building by the end of FY-00.  Without access to NTS, this commitment will not be met.
• The LLW monoliths in storage at SWSA 6 are the other high priority waste stream that must be disposed at NTS in coordination with other SWSA 6 remediation. NTS personnel have already approved the waste profile for the monoliths, and so this waste is the first waste available to be shipped when DOE-HQ grants Oak Ridge an approved generator status.

Mr. James Owendoff, Acting Assistant Secretary for Environmental Management,
       U. S. Department of Energy, 1000 Independence Ave. S. W., Washington, DC 20585
Cc: Mr. Rod Nelson, DOE/ORO/EM, 55 Jefferson Ave., Oak Ridge, TN 37830
Cc: Ms Jeanne Wilson 2362 RHOB, US House of Representatives, Washington, DC 20515