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CONF-870859—29
DE88 003388
MIXED WASTE DISPOSAL FACILITY AT THE NEVADA TEST SITE - Paul T. Dickman,
Science Applications International Corporation, Las Vegas, NV; Eugene W.
Kendall, Reynolds Electrical & Engineering Co., Inc., las Vegas, NV
Background
The Atonic Energy Act (AEA) of 1954 has been the basis for Department of
Energy (DOE) self-regulation of radioactive wastes. Under the AEA, the
term "by-product material" is defined as any radioactive material
generated or nwte radioactive from the use or production of "special
nuclear material" (e.g., plutonium, uranium). Under the "by-products
rule," DOE was therefore responsible for self-tnanagsnent and regulation
of spent reactor fuel, high-level, lew-level, and transuranic wastes,
and until 1984, mixed radioactive and hazardous wastes.
In 1984, a law suit brought against DOE by the Legal Environnental
Assistance Fund (LEAF) resulted in the requirement that DOE be subject
to regulation by the state and U.S. Environmental Protection Agency
(EPA) for ill hazardous wastes, including mixed wastes. Therefore, all
DOE facilities generating, storing, treating, or disposing of
wastes will be regulated under the Resource Conservation and Recovery
Act (RCRA).
In FY 1985, DOE Headquarters requested DOE low-level waste (LLW) sites
to apply for a RCRA Part B Permit to operate radioactive mixed waste
facilities. An application for the Nevada Test Site (MIS) was prepared
and submitted to the EPA, Region IX in November 1985 far review and
approval. At that time, the state of Nevada had not yet received
authorization for hazardous wastes nor had they applied for regulatory
authority for mixed wastes. A courtesy copy of the application was
provided to the state in December 1986 (13 months after submission to
EPA) with the asstmption that the state would eventually become the
regulatory agency for the NTS mixed waste facility.
In October 1986, DOE Nevada Operations Office was informed by the Rocky
Flats Plant that some past waste shipments to NTS contained trace
quantities of hazardous substances, under Colorado law, these wastes
are defined as mixed. A DOE Headquarters task force was convened by the
under Secretary to investigate the situation. The task force concluded
that DOE has a high priority need to develop a permitted mixed waste
site and that DOE Nevada Operations Office should develop a "fast track"
project to obtain this site and all necessary permits. The task force
also concluded that DOE should hold discussions with the state of
Nevada.
When NI5 applied for a permit, there was no direct involvement by the
state of Nevada. A regulatory "limbo" existed as to the state's role
because no authority had been granted to the state for mixed wastes. In
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Dickman, P.T. & Kendall, E.W. Mixed waste disposal facility at the Nevada Test Site, article, January 1, 1987; United States. (https://digital.library.unt.edu/ark:/67531/metadc1095497/m1/1/: accessed July 16, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.