Keith Kristofferson
John D. Harris
Lockheed Martin
Idaho Technologies Company
Donald N. Rasch
U.S. Department of Energy Idaho
Operations Office
ABSTRACT
Contained within the Idaho National Engineering Laboratory (INEL) Site Treatment Plan (STP) is language addressing receipt, storage, and treatment of Department of Energy (DOE) mixed waste from offsite facilities. The Waste Experimental Reduction Facility (WERF) incinerator has been identified by several DOE sites as the preferred treatment facility for their mixed wastes. As a result, these sites have indicated in their STPs that WERF will be used to treat a portion of their waste streams. The WERF incinerator has an annual treatment capacity of 2000 m3, A small portion of this capacity, 136 m3 per year through 2002, will be used by the INEL, leaving 1,864 m3 of available capacity for mixed waste treatment each year that WERF operates.
The process, put in place by the INEL STP, and agreed to by the State of Idaho, was used first in the DOE Complex to ship mixed waste from Naval shipyards facing imminent closure under the Base Realignment and Closure (BRAC) action which implements the Defense Base Closure and Realignment Act. The STP language was again used to receive and treat mixed waste from Los Alamos National Laboratory (LANL). The above-mentioned waste streams were part of the INEL STP at the time the document was signed. However, since signing the STP, several DOE sites have requested the addition of waste streams to the INEL STP because the WERF incinerator is operating and treating mixed waste. In addition, budget cuts have eliminated many planned treatment facilities, which now makes WERF a viable option for treating offsite mixed waste.
Pre- and post-treatment storage of offsite mixed waste and waste treatment residues at the INEL, other than the waste received from Naval shipyards facing closure, requires approval of DOE-ID and the State of Idaho. Offsite waste treated at the WERF incinerator, and waste treatment residues (characteristic or listed), will not be disposed at the INEL. Rather, treated waste and waste treatment residues from incineration will be temporarily stored at the INEL until a disposal facility can be identified and arrangements made to transport the waste to the disposal facility. If no disposal facility can be found, the treatment residue is returned to the generator.
BACKGROUND
The Department of Energy (DOE) produced radioactive and hazardous waste during weapons production activities at various sites across the nation. In the late 1980s, the Environmental Protection Agency (EPA) began to regulate these wastes under the Resource Conservation and Recovery Act (RCRA) after DOE determined that the hazardous portion of the waste was not in regulatory conflict with the radioactive portion (i.e., the By-product Rule). DOE did not have adequate treatment capacity nor disposal facilities for these mixed wastes (radioactive and hazardous), requiring long- term storage of this waste for decades at the various laboratories and weapons plants.
The Hazardous and Solid Waste Amendments of 1984 required the EPA to establish disposal criteria for hazardous waste. This criteria must be met in order for hazardous waste to be placed in land based units (the only disposal method authorized by EPA). If the criteria cannot be achieved, then the waste cannot be stored. The criteria are known as the Land Disposal Restrictions (LDRs) and the ban on storage is known as the Storage Prohibition.
In early 1992, DOE faced noncompliance with the LDRs for the vast majority of mixed waste currently being generated and stored. In October 1992, the Federal Facility Compliance Act (FFCA) allowed DOE to store mixed waste without complying with the LDRs. However, each facility was required to develop a Site Treatment Plan (STP) that would bring that facility into compliance with the LDRs. The Site Treatment Plans are to address the development of treatment capacity, schedule the treatment of the existing stored waste (backlog), and assess the offsite waste treatment needs of the DOE complex. The STPs must be approved by the State or EPA Regional Office responsible for the RCRA compliance of the DOE site (a majority of sites have authorized States doing RCRA oversight). DOE and the States/EPA worked through the National Governor's Association (NGA) to develop these STPs.
The NGA, States and DOE tasked two small DOE teams to assess DOE Complex treatment capabilities and potential disposal locations. The Options Analysis Team (OAT) assessed treatment of the DOE's Complex-wide mixed waste. The OAT evaluated several options for regional treatment of mixed waste. Incineration was one of the key options assessed by the OAT, with the Toxic Substances Control Act (TSCA) Incinerator at Oak Ridge and WERF at Idaho identified as the two key incinerators in the compliance strategy for meeting LDRs.
A major obstacle to the regional treatment options was the State's equity issue. The States wanted to approve the receipt of waste from out-of-State facilities prior to allowing waste to arrive for storage and treatment. The major concern of the States was the time period for storage. Although the waste may comply with both the Federal Facility Compliance Act and the Land Disposal Restrictions, the States wanted approval authority over the waste shipments. This request by the States was accepted by DOE in order to avoid the noncompliant issues associated with the storage of mixed waste not having treatment capacity.
In November 1995 the State of Idaho signed the INEL Site Treatment Plan(1). This plan allows the INEL to accept offsite waste for treatment provided State approval is obtained prior to waste receipt at the INEL.
OFFSITE WASTE ACCEPTANCE AT THE INEL
The INEL is commencing activities to evaluate and provide treatment for waste streams from DOE sites other than the INEL. Sites intending to ship waste to the INEL have began using the process steps described below.
Prerequisites for Receiving Offsite Waste Streams
All waste from offsite generators previously listed in the INEL STP and identified for treatment at the INEL are considered "covered wastes" since they were listed in the STP prior to final signature by the State of Idaho and DOE-ID. For these waste streams already included in the INEL STP that will require greater than six months pre- or post- treatment storage, the INEL will develop and submit schedules to DOE-ID at the STP Quarterly meeting with the State of Idaho for the storage, treatment and return of residues as described in the INEL STP.
Initiation of Process for Waste Streams NOT Listed in the INEL STP
Written agreement must be received from the INEL prior to shipment of any waste if the generator is requesting that the waste be stored for longer than six months in either a pre- or post-treatment configuration. The process of sending mixed waste to the INEL begins with the generator submitting a formal request to DOE-ID Waste Management Programs. If waste streams are not listed in the INEL STP, the generator must also make a formal request to DOE-ID to have its waste added to the INEL STP.
If the waste is not listed in the INEL STP, the INEL will review the most current waste stream data contained in the Mixed Waste Information Report regarding the compatibility of the waste for treatment at the INEL. If the waste appears technically acceptable to DOE-ID Waste Management Programs and the STP Project Manager, they will either contact the offsite generator or direct the INEL prime contractor, Lockheed Martin Idaho Technologies Company (LMITCO) to contact the generator and initiate completion of the waste profile forms.
Per DOE Order 5820.2A, (Management of Low Level Waste), each offsite generator shall have a waste certification program (WCP) to provide assurance that the INEL Reusable Property, Recyclable Material and Waste Acceptance Criteria (RRWAC) (2) and RCRA waste analysis requirements per 40 CFR 268.73 are met.
For all waste streams that are not included in the INEL STP, including those that will require greater than six months pre- or post-treatment storage, the INEL will develop schedules for the storage, treatment and return of residues. These schedules will be presented at a STP Quarterly meeting with the State of Idaho.
Approval, tracking and notification to the public and State of Idaho of all waste streams shipped to the INEL shall be in accordance with the "Protocol for Obtaining State of Idaho Division of Environmental Quality Approval to Receive Offsite Mixed Waste" and the "INEL Offsite Waste Protocol" developed by DOE-ID.
Completion of Waste Profile Forms
The offsite generator will complete a waste profile form for each waste stream proposed for shipment to the INEL. The generator is required to provide substantiating analytical data and a description of sampling and analytical methods. The generator shall certify that all sampling and analytical methods comply with the requirements the RRWAC(2). Re-characterization or re-profiling for waste characteristics shall be performed every 12 months for waste streams generated more than once per year by highly-controlled processes. However, new waste characterization is required whenever the waste characteristics vary or the process generating the waste changes.
Offsite Waste Receiving Interface Team
To manage the receipt of offsite waste at the INEL, an Offsite Waste Receiving Interface (OSWI) team will be established. This OSWI team will consist of INEL treatment and storage facility personnel; a Waste Generator Interface; INEL STP support personnel; and regulatory specialists. The OSWI team will determine the technical acceptability of the offsite waste by reviewing the completed waste profile forms and compliance with the INEL RRWAC(2). This team will also be responsible for development and/or maintenance of established treatment plans and schedules for all aspects of receiving the offsite waste and the final disposition of the treatment residue.
Mechanisms to track the waste from the offsite generator to the INEL will be established and maintained until final disposition of the treated waste. The OSWI will verify the final development of treatment plans for the proposed waste stream and the existence of an acceptable Residue Management Plan. The INEL will assist in coordinating the return of residue to the generator or finding suitable disposal if requested by the generator.
Disposal alternatives for the treated waste and waste treatment residues can be evaluated during this development process to ensure the optimal disposal scenario for the offsite generator. However, final disposition of the treatment residue is the responsibility of the generator. The INEL will assist with residue management planning, but final shipment and disposal are the responsibility of the generator, including any required contractual vehicles.
Finalize Schedules for Shipment Receipt, Storage, Treatment and Return of Residues
Following State conditional approval to receive those wastes requiring greater than six months pre- or post-treatment storage and a waste packaging inspection, the Waste Generator Interface and the INEL Packaging and Transportation Department will then approve shipment, granting facility approval for the receipt of the offsite waste.
Offsite Facility Ships Waste
The INEL treatment and storage facility support personnel will provide interface/coordination activities to the offsite generator to ensure shipment plans and schedules are met or modified as necessary. This coordination will involve DOE, State, and INEL transportation personnel. Notification of the State of Idaho and Fort Hall Indian Tribes shall be accomplished per the Oversight/STP Communication Protocol developed by DOE-ID
Waste packages will be inspected by facility receiving personnel upon arrival; prior to acceptance of the waste, verification activities will be performed on the waste. Inspection of the incoming waste will ensure that the waste is in fact that identified on the shipping papers and on the waste profile sheet or other characterization documentation. The OSWI team will provide assistance to resolve any inspection or verification issues.
Per the RRWAC(2), 5% of all mixed waste shipments will be subjected to waste receipt verification. Waste verification is a means of determining whether a waste is consistent with waste characterization information provided by the generator and the information documented on the shipping papers.
The containers in the shipment will be inspected by the INEL Packaging and Transportation Department and the receiving facility to verify the number of containers, that each container is properly and securely closed, and that the containers are in good condition and not leaking.
Waste Acceptance
Shipments of waste may be rejected and returned to the generator at their expense if the waste does not meet all RRWAC(2) requirements or fails the waste receipt verification process. Opportunities are taken to resolve discrepancies with the generator prior to making a decision to return the waste. Resolution of discrepancies can range from immediate on-the-scene resolution to the rejection of the waste until the waste has been re-characterized. Containers that arrive in poor or leaking condition will be overpacked prior to their return to ensure compliance with DOT requirements. For refused/rejected shipments, the manifest will not be signed and the transport driver will be instructed to return the shipment to the generator.
Following acceptance of the offsite waste, the waste is temporarily stored pending treatment. Storage of offsite waste will be commensurate with the established INEL STP and the INEL RRWAC(2) for that particular storage facility. The INEL OSWI team will provide interface activities to ensure offsite waste storage activities are performed in accordance with established plans, policies, and agreements.
Treatment of Offsite Waste
Treatment of offsite waste will be commensurate with the established INEL STP and RRWAC(2) of the particular waste treatment facility. The INEL OSWI team will provide interface activities to ensure offsite waste treatment activities are performed in accordance with established plans, policies, and agreements. Following treatment, the treated waste and waste treatment residues will be characterized and returned to temporary storage pending final disposition of the residue.
Waste Blending to Facilitate Cost-Effective Treatment
The INEL may blend wastes from different sites to ensure that the incinerator is used to full capacity. The incinerator may blend in low-level waste to augment wastes that have a low BTU or heating value. Blending may also occur to facilitate the treatment of small amounts of waste from different sites. In all instances of blending, if the ash exceeds the waste acceptance criteria of a particular disposal facility, a percentage of the blended ash will be returned to the generator.
Final Disposal
The disposition of waste residues will be as agreed upon among the waste generator, the INEL, DOE-ID, and the State of Idaho. If the offsite generator is in need of services to secure final disposal for the residues following from treatment, INEL personnel will assist in locating final disposal. However, final disposition of the treatment residue is the responsibility of the generator. The INEL will assist with residue management planning but the final shipment and disposal are the responsibility of the generator, including any required contractual vehicles.
CHALLENGES
Residue Management
As stated in the background section of this paper, the State wanted approval authority over the receipt of mixed waste proposed for shipment and treatment in facilities located in their State. In the case of the State of Idaho, the major concern was if and how long offsite mixed waste or the residues from the treatment of this waste would remain in the State. The language addressing the State's approval authority for mixed waste that was included in the INEL STP did not specifically identify any time limitations on the waste being stored in the State, nor did it detail the protocol for obtaining this approval. The language in the STP stated in part, "offsite waste shall not be stored or disposed at INEL prior to or following treatment except as specifically approved by the Division of Environmental Quality (DEQ)." The State of Idaho exercised this approval authority for mixed waste from the Mare Island and Charleston Naval Shipyards by including language in the INEL STP specifically approving storage of these wastes indefinitely at the INEL. This occurred because these two shipyards were closing and needed somewhere to ship their mixed waste for treatment and storage of the resulting residue.
After the Consent Order for the INEL STP had been signed and implementation of the plan had begun, it was unclear how the State's approval authority would be obtained for additional offsite waste proposed for shipment to and treatment at the INEL. A draft protocol for obtaining the State's approval was prepared that adopted language from the Governor Of Idaho's Settlement Agreement with the U.S Department of Energy on Spent Nuclear Fuel(4). The spent fuel agreement basically stated that for offsite mixed waste to be received at the INEL, the waste could not be stored longer than six months prior to treatment and would be shipped out of the State within six months following treatment. At scheduled quarterly meetings with the State of Idaho, it was agreed that this six-month pre- and post-treatment window applied to any offsite mixed waste proposed for shipment to and treated at any INEL waste storage and treatment facility. The draft protocol had not been approved by the State at the time this paper was prepared.
Definition Of Treatment
Experience with the first offsite mixed waste shipment to the INEL has generated challenges pertaining to the six month pre- and post-treatment storage limitation. The first challenge and issue that has been identified is a definition for when the treatment phase is complete. It was originally thought or assumed that when incineration was complete that treatment was complete, and the six-month window to remove the waste from the State began. After further review and consideration of this matter, it was determined that all of the treatment sequences identified in the STP had not been completed (i.e., stabilization ). DOE provided a letter to the State of Idaho that defined completion of treatment as when the treated waste and waste treatment residues had been verified by waste characterization to meet Land Disposal Requirements (LDR). This is the definition currently being used by DOE at the INEL.
The second challenge to the six month pre- and post-treatment storage window is that it appears that more time is required to perform the treatment phase and less time is required to ship the treated waste and treatment residues out of the State. This is especially true for mixed waste incinerated at the WERF incinerator. After the waste is incinerated, the ash ( both the hearth ash and the fly ash) must be sampled to determine if any further treatment is needed. If it is determined that stabilization is required, it may be necessary to perform a treatability study to develop a recipe to ensure adequate stabilization. It requires significant time to prepare and perform this study. Once the ash is stabilized, characterization samples must once more be taken to verify the stabilized ash now meets the LDRs, which requires additional time. It has been proposed that rather than distinguishing between the treatment window and the disposal window, when offsite mixed waste is received at the INEL, one year is permitted to treat the waste and remove the treated waste and residues from the State. This proposal has not been adopted by the State at the writing of this paper.
Waste Incidental to Treatment
The third challenge associated with the INEL receipt of offsite mixed waste related to the six month pre- and post-treatment limitation was to identify the disposition path for incidental waste generated as a result of receiving, storing and treating mixed waste. This included such items as empty drums, overpacks, personal protective equipment (PPE), heating , ventilation, and air conditioning (HVAC) components (e.g., HEPA filters, baghouse bags) , and equipment used during characterization activities. If all of these materials constituted offsite mixed waste and residues, were they subject to the six-month pre- and post-treatment storage requirements? After consideration of this issue, the policy adopted at the INEL was that the incidental waste that could be reasonably and prudently segregated as waste associated with the receipt, storage, and treatment of the offsite mixed waste would be subject to the six-month pre- and post-treatment storage requirements. An example of this type of waste is the fly ash associated with a specific campaign. This ash can be removed after every campaign and only contains constituents associated with the original treated waste. An example of incidental waste that is not subject to the six-month requirement is HEPA filters and baghouse bags. It is not reasonable to change these filters after every campaign. If possible, waste such as PPE will be incinerated with the offsite waste as it is being treated. If this is not possible, the waste will continue to be stored at the INEL and incinerated in future campaigns.
Disposal of Residue
Mixed waste residue disposal is very difficult due to the unavailability of disposal alternatives. This is true for waste still radiologically-contaminated that is characteristic waste and has been treated to remove the characteristic and listed wastes or immobilized wastes requiring Subtitle C landfill disposal. Waste that is no longer hazardous, as defined by RCRA, but that is still radiologically-contaminated, cannot be disposed as low-level waste (LLW) at the INEL Radioactive Waste Management Complex (RWMC). It must be removed from the State. This can be done by shipping the treated waste and treatment residues back to the generator or to available disposal facilities. For example, if the waste does not meet a commercial facility's waste acceptance criteria, the waste will likely be sent back to the generator. Disposal capabilities are available at Hanford and the Nevada Test Site, but shipments of offsite mixed waste to these facilities has not yet been fully approved and implemented. Disposal for mixed wastes from Idaho at the Hanford site is currently being negotiated.
Blending of Ash
The mixing of ash from different offsite generators creates the concern that they may receive RCRA codes and radionuclides that were not in their original waste shipped to the INEL. WERF is currently not mixing waste from different generators, but in order to accommodate generators with small volumes of waste, this is being evaluated. The necessity for this method of operation is due to the campaign-style operation of the incinerator. The incinerator typically operates on a 10 to 14 day campaign, with one of those days used for heat-up and another for cool-down. For generators with small volumes of waste, smaller campaigns can be performed, but they are costly and inefficient. Resolution of the disposal facility issue will help resolve this concern. For example, if the incinerator ash can meet a commercial disposal facility's waste acceptance criteria, it wouldn't matter how many generators contributed to the ash in any one campaign, even if the generators were from different States. If the disposal issue is not resolved, some States may have problems receiving additional RCRA codes or radionuclides that were not in the original waste. This could result in unacceptable costly and time-consuming licensing and permitting activities.
Funding, Chargeback and Programmatic Funding
The most significant offsite waste receipt issues at the INEL are associated with the funding scenarios for receipt, storage, and treatment of offsite mixed waste. Some of these issues are:
The decision to obtain the funding from the offsite generators (i.e., chargeback) or manage the waste with INEL programmatic funds, or some combination of the two.
If using a chargeback system, deciding which costs should be charged to the offsite generator (e.g., a portion of the fixed costs and all of the variable costs, or some variation of this).How to transfer the funding (e.g., directly to the treatment, storage, disposal facility or to the generator who transfers to the TSD facility, or some combination of these two).
Accountability and use of the funding when received. If all of the funding is not used, where does it go, or if insufficient funding is obtained, how is more obtained. Can the additional funding, if any, be used to fund shortfalls or upgrades and modifications at the TSD facilities?
Issues associated with the use of new and existing DOE TSD facilities versus the use of private sector facilities (i.e., how can the DOE get the biggest bang for the buck).
The funding challenges still exist and are currently being worked by a sub-team associated with the Incineration Work Group of the DOE Complex-wide EM Integration Team. This costing sub-team is focused on developing the best pricing strategy for funding the operation of the WERF Incinerator, the TSCA Incinerator, and the Consolidated Incineration Facility at the Savannah River Site, to treat the backlog and future generated mixed waste in the DOE Complex. Currently DOE-ID is charging offsite customers for receipt, storage, and treatment of mixed waste on a case-by-case basis. Offsite customers are being charged for the variable costs associated with the treatment of their waste and a portion of the fixed costs associated with the waste. Costing includes charges for receipt and receipt verification of the waste, pre-treatment storage of the waste, repackaging the waste, incinerating the waste, post-treatment storage of the waste, stabilizing the ash (if required), characterizing the treatment residues for disposal, and disposal costs. The INEL will coordinate the disposal of the treatment residues and transfer the funding to the disposal facility. Funding is currently being transferred to DOE-ID using financial plan transfers.
SUCCESSES
Navy Waste
Both the INEL STP and the Governor's Settlement Agreement with the U.S. Department of Energy on Spent Nuclear Fuel allowed for waste streams from Mare Island and Charleston Naval Shipyards, both facing closure under BRAC, to be stored and treated at the INEL. In addition, the State of Idaho conditionally approved the inclusion of 22 additional waste streams from other Naval facilities. These waste streams are included in a 30-day public notice as required by the State of Idaho.
DOE Sites
In May 1996, the Los Alamos National Laboratory (LANL) sent 10 m3 of low-level mixed waste to the INEL for incineration. By August 1996, WERF had completed incineration of the waste and analysis on the resulting ash. This ash will be shipped to a commercial disposal site in Utah for disposal.
Path Forward
The INEL is working closely with the State of Idaho to ensure that regional treatment can and will occur at the INEL. For example, the INEL and LANL are currently working with the States of New Mexico and Idaho to include additional waste in the INEL STP. However, political initiatives, recently placed on the ballot and voted down in Idaho, issued challenges to the DOE's plan to receive, treat and store nuclear and mixed waste. It would appear that the taxpayers, in Idaho at least, realize the complex problems associated with mixed waste and spent fuel requiring solutions that extend across the United States and do not necessarily subscribe to the "not-in-my-back-yard" mode of thinking when provided information.
The INEL is taking an aggressive approach in marketing regional capabilities to other DOE and Government facilities that require mixed waste treatment. The INEL is also working with the State of Idaho to ensure that all treatment and storage facilities are safe and environmentally sound. These actions, along with a strong public education and outreach program, will ensure that the INEL will remain available to assist other DOE site and Federal agencies with the future treatment of mixed waste.
REFERENCES