Radioactive Waste Streams: Waste Classification for Disposal

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Radioactive Waste Streams: Waste

Classification for Disposal

-name redactedSpecialist in Energy and Energy Infrastructure Policy

December 13, 2006

Congressional Research Service

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www.crs.gov

RL32163

CRS Report for Congress

Prepared for Members and Committees of Congress

Radioactive Waste Streams: Waste Classification for Disposal

Summary

Radioactive waste is a byproduct of nuclear weapons production, commercial nuclear power

generation, and the naval reactor program. Waste byproducts also result from radioisotopes used

for scientific, medical, and industrial purposes. The legislative definitions adopted for radioactive

wastes, for the most part, refer to the processes that generated the wastes. Thus, waste disposal

policies have tended to link the processes to uniquely tailored disposal solutions. Consequently,

the origin of the waste, rather than its radiologic characteristics, often determines its fate.

Plutonium and enriched uranium-235 were first produced by the Manhattan Project during World

War II. These materials were later defined by the Atomic Energy Act of 1954 as special nuclear

materials, along with other materials that the former Atomic Energy Commission (AEC)

determined were capable of releasing energy through nuclear fission. Reprocessing of irradiated

nuclear fuel to extract special nuclear material generated highly radioactive liquid and solid

byproducts. The Nuclear Waste Policy Act of 1982 (NWPA) defined irradiated fuel as spent

nuclear fuel, and the byproducts as high-level waste. Uranium ore processing technologically

enhanced naturally occurring radioactive material and left behind uranium mill tailings. The

fabrication of nuclear weapons generated transuranic waste. Both commercial and naval reactors

continue to generate spent fuel. High-level waste generation has ceased in the United States, as

irradiated fuel is no longer reprocessed. The routine operation and maintenance of nuclear

reactors, however, continues to generate low-level radioactive waste, as do medical procedures

using radioactive isotopes.

The NWPA provides for the permanent disposal of spent nuclear fuel and high-level radioactive

waste in a deep geologic repository. The repository is to be constructed and operated by the

Department of Energy (DOE) under the Nuclear Regulatory Commission’s (NRC) licensing

authority. Yucca Mountain, in Nevada, is the candidate site for the nation’s first repository.

The NRC and the Environmental Protection Agency (EPA) share regulatory authority for

radioactive waste disposal. However, these regulatory agencies have yet to adopt uniform

radiation protection standards for disposal sites. The NRC’s jurisdiction, however, does not

extend to DOE’s management of defense-related waste at DOE facilities other than Yucca

Mountain.

Radioactive waste classification continues to raise issues for policymakers. Most recently, DOE

policy on managing the residue in high-level waste storage tanks proved controversial enough

that Congress amended the definition of high-level waste. The disposition of waste with

characteristics left undefined by statute can be decided by an NRC administrative ruling. The case

for low-activity waste promises to provoke similar controversy. This report will be updated as

new radioactive waste classification issues arise.

Congressional Research Service

Radioactive Waste Streams: Waste Classification for Disposal

Contents

Background ................................................................................................................................1

Measurement of Radioactivity and Hazards of Radiation.............................................................2

Comparative Range of Radioactivity ...........................................................................................3

Spent Nuclear Fuel......................................................................................................................6

High-Level Radioactive Waste .................................................................................................. 12

Waste Incidental to Reprocessing .............................................................................................. 13

Transuranic Waste..................................................................................................................... 14

Surplus Weapons-Usable Plutonium.......................................................................................... 16

Low-Level Radioactive Waste................................................................................................... 16

Provisions for State Disposal Compacts............................................................................... 19

Low-Level Waste Classification Tables ............................................................................... 19

Mixed Low-Level Radioactive and Hazardous Waste ................................................................ 23

Depleted Uranium..................................................................................................................... 23

Technologically Enhanced Naturally Occurring Radioactive Material........................................ 24

Energy Policy Act Provisions for NORM ............................................................................ 25

Uranium Mill Tailings ............................................................................................................... 27

Waste Disposal Policy Issues..................................................................................................... 27

Glossary.................................................................................................................................... 29

Figures

Figure 1. Comparison of Radioactive Wastes...............................................................................4

Figure 2. Federal Sites, Commercial Reactor Storage Pools, and Independent Spent Fuel

Storage Installations .................................................................................................................8

Figure 3. Low-Level Waste Classification by Long-Lived Radionuclides................................... 20

Figure 4. Low-Level Waste Classification by Transuranic Radionuclides................................... 21

Figure 5. Low-Level Waste Classification by Short-Lived Radionuclides .................................. 21

Figure 6. Low-Level Waste Classification by Mixed Long-Lived and Short-Lived

Radionuclides ........................................................................................................................ 22

Figure A-1. 10 CFR 61.55 Table 1............................................................................................. 33

Figure A-2. 10 CFR 61.55 Table 2............................................................................................. 33

Tables

Table 1. Contribution to Average Annual Exposures from Natural and Artificial

Radioactive Sources.................................................................................................................3

Table 2. Legislative and Regulatory Reference to Waste Definitions ............................................5

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Radioactive Waste Streams: Waste Classification for Disposal

Table 3. Federal Site, Commercial Reactor Pool, and Independent Spent Fuel Storage.................9

Table 4. Physical Form and Characteristics of Low-Level Waste ............................................... 18

Table A-1. Uranium Mill Tailing Site Volume and Activity ........................................................ 31

Table A-2. Low-Level Waste Commercial Disposal Site Volume and Activity............................ 31

Table A-3. Spent Fuel Specific Activity ..................................................................................... 31

Appendixes

Appendix. ................................................................................................................................ 31

Contacts

Author Contact Information ...................................................................................................... 34

Congressional Research Service

Radioactive Waste Streams: Waste Classification for Disposal

Background

Radioactive waste is a byproduct of nuclear weapons production, commercial nuclear power

generation, and the naval reactor program. Waste byproducts also result from radioisotopes used

for scientific, medical, and industrial purposes. Waste classification policies have tended to link

the processes that generate the waste to uniquely tailored disposal solutions. Consequently, the

origin of the waste, rather than its radiologic characteristics, often determines its fate.

Congress recently renewed its interest in radioactive waste classification when a Department of

Energy (DOE) order regarding the disposition of high-level waste storage tank residue was

legally challenged. As a result, Congress amended the statutory definition of high-level waste to

exclude such residue. 1 The classification of other radioactive wastes continues to remain an

aspect of disposal policy.

The Atomic Energy Act of 1946 (P.L. 79-585) defined fissionable materials to include plutonium,

uranium-235, and other materials that the Atomic Energy Commission (AEC) determined to be

capable of releasing substantial quantities of energy through nuclear fission. Source material

included any uranium, thorium, or beryllium containing ore essential to producing fissionable

material, and byproduct material remaining after the fissionable material’s production. In the

amended Atomic Energy Act of 1954 (P.L. 83-703), the term special nuclear material superseded

fissionable material and included uranium enriched in isotope 233, material the AEC determined

to be special nuclear material, or any artificially enriched material.2

As the exclusive producer, the AEC originally retained title to all fissionable material for national

security reasons. In the 1954 amended Act, Congress authorized the AEC to license commercial

reactors, and ease restrictions on private companies using special nuclear material. Section 183

(Terms of Licenses) of the Act, however, kept government title to all special nuclear material

utilized or produced by the licensed facilities in the United States. In 1964, the AEC was

authorized to issue commercial licenses to possess special nuclear material subject to specific

licensing conditions (P.L. 88-489).

Although the Atomic Energy Act referred to transuranic waste (material contaminated with

elements in atomic number greater than uranium), radioactive waste was not defined by statute

until the 1980s. High-level waste and spent nuclear fuel were defined by the Nuclear Waste

Policy Act (NWPA) of 1982 (42 U.S.C. 10101). Spent nuclear fuel is the highly radioactive fuel

rods withdrawn from nuclear reactors. High-level waste refers to the byproduct of reprocessing

irradiated fuel to remove plutonium and uranium. Low-level radioactive waste was defined by the

Low-Level Radioactive Waste Policy Act of 1980 (P.L. 95-573) as radioactive material that is not

high-level radioactive waste, spent nuclear fuel, or byproduct material, and radioactive material

that the Nuclear Regulatory Commission (NRC) classifies as low-level radioactive waste

consistent with existing law.

Section 3116 (Defense Site Acceleration Completion), Ronald W. Reagan Defense Authorization Act of FY2005

(P.L. 108-375).

Laws of 83rd Congress, 2nd Session, 1118-21.

Congressional Research Service

Radioactive Waste Streams: Waste Classification for Disposal

Measurement of Radioactivity and Hazards of

Radiation

The measurement of radioactivity and the hazards of radiation are, in themselves, complex

subjects. A discussion of radioactive waste would be incomplete without reference to some basic

terms and concepts.

Radioactive elements decay over time. The process of radioactive decay transforms an atom to

more a stable element through the release of radiation—alpha particles (two protons and two

neutrons), charged beta particles (positive or negative electrons), or gamma rays (electromagnetic

radiation).

Radioactivity is expressed in units of curies—the equivalent of 37 billion (37 x 109) atoms

disintegrating per second. The rate of radioactive decay is expressed as half-life—the time it takes

for half the atoms in a given amount of radioactive material to disintegrate. Radioactive elements

with shorter half-lives therefore decay more quickly.

The term for the absorption of radiation by living organisms is dose. The United States uses the

Roentgen Equivalent Man (rem) as the unit of equivalent dose in humans. Rem relates the

absorbed dose in human tissue to the effective biological damage of the radiation. 3 Not all

radiation has the same biological effect, even for the same amount of absorbed dose, as some

forms of radiation are more efficient than others in transferring their energy to living cells.

In 1977, the International Commission on Radiation Protection (ICRP) concluded that an

individual’s mortality risk factor from radiation-induced cancers was about 1 x10-4 from an

exposure of one rem dose (one lifetime chance out of 10,000 for developing fatal cancer per rem),

and recommended that members of the public should not receive annual exposures exceeding 500

millirem. 4 The exposure limit is made up of all sources of ionizing radiation that an individual

might be exposed to annually, which includes natural background and artificial radiation. An

individual in the United States receives an average annual effective dose equivalent to 360

millirem, as shown in Table 1.

Rem is the product of the dose measured in units of rad (100 ergs/gram) multiplied by a quality factor (Q) for each

type of radiation; that is rem = rad x Q. For gamma rays, Q = 1, thus the absorbed dose in rads equals rems. For

neutrons Q = 5, and alpha particles Q = 20; thus an absorbed dose of 1 rad is equivalent to 5 rem and 20 rem

respectively.

Recommendations of the International Commission on Radiological Protection, January 1977 (superseded by ICRP

60) (supersedes ICRP 1, 6 & 9).

Congressional Research Service

Radioactive Waste Streams: Waste Classification for Disposal

Table 1. Contribution to Average Annual Exposures from Natural and Artificial

Radioactive Sources

Contributor

millirem

Natural - Radon

200

Natural background radiation

100

Occupational related exposure

0.9

Consumer products excluding tobacco

Miscellaneous environmental sources

0.06

Medical - diagnostic x rays

Medical - nuclear medicine

Average Annual Effective

360

Source: National Council on Radiation Protection and Measurements, Report No. 9, Ionizing Radiation Exposure

of the Population of the United States, September 1, 1987.

The ICRP revised its conclusion on risk factors in 1990, and recommended that the annual limit

for effective dose be reduced to 100 millirem. 5 This limit is equivalent to natural background

radiation exclusive of radon. ICRP qualified the recommendation with data showing that even at a

continued exposure of 500 millirem, the change in age-specific mortality rate is very small—less

than 4.5% for females, less than 2.5% for males older than 50 years, and even less for males

under age 50.

The radiation protection standards for NRC activities licensed under 10 C.F.R. Part 206 are based

on a radiation dose limit of 100 millirem, excluding contributions from background radiation and

medical procedures. Unlike the NRC’s dose-based approach to acceptable hazard level, the

Environmental Protection Agency (EPA) uses a risk-based approach that relies on the “linear, nothreshold” model of low-level radiation effects. In the EPA model, risk is extrapolated as a

straight line from the high-dose exposure for Hiroshima and Nagasaki atomic bomb survivors

down to zero radiation exposure. Thus, the EPA model attributes risk to natural background levels

of radiation. For illustrative purposes, EPA considers a 1-in-10,000 risk that an individual will

develop cancer to be excessive, and has set a goal of 1-in-a- million risk in cleanup of chemically

contaminated sites. The Government Accountability Office (GAO) has concluded that the lowlevel radiation protection standards administered by EPA and NRC do not have a conclusive

scientific basis, as evidence of the effects of low-level radiation is lacking.7

Comparative Range of Radioactivity

The comparative range in radioactivity of various wastes and materials is presented in Figure 1.

Radioactivity is typically expressed in terms of “curies/ gram” for soil-like materials as well as

radioactive materials that are homogeneous in nature. However, because the inventories of some

International Commission on Radiation Protection, Recommendation of the International Commission on Radiation

Protection—Publication 60, Paragraph 161, 1990.

Part 20—Standards for Protection Against Radiation.

U.S. Government Accounting Office, Radiation Standards—Scientific Basis Inconclusive, and EPA and NRC

Disagreement Continues (GAO/RCED-00-152), June 2000.

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Radioactive Waste Streams: Waste Classification for Disposal

radioactive wastes are tracked in terms of “curies/cubic-meter,” that unit of measure has been

used here.

The lowest end of the scale (at the bottom of the figure) is represented by soils of the United

States—the source of natural background radiation. Radioactivity ranging from 3 to 40

microcuries/cubic-meter may be attributed to potassium, thorium and uranium in soils.

Phosphogypsum mining waste is the byproduct of ore processing that “technologically enhanced

naturally occurring radioactive material” (uranium) at higher levels than natural background (thus

the term—TENORM), and may range from 6.5 to 45 microcuries/cubic-meter. Uranium mill

tailings (referred to as 11e.(2) byproduct material) range from 97 to 750 microcuries/cubic-meter

at various sites (Appendix, Table A-1). On average, low-level waste ranges from 6.7 to 20

curies/cubic-meter based on the inventory of disposal facilities (Appendix, Table A-2); a lower

limit is left undefined by regulation, but an upper limit is set at 7,000 curies/cubic-meter based on

specific constituents. Transuranic waste ranges between from 47 to 147 curies/cubic-meter based

on the Waste Isolation Pilot Plant inventory. The vitrified high-level waste processed by the

Savannah River Site ranges from 6,700 to 250,000 curies/cubic-meter. Finally, spent fuel aged 10

to 100 years would range from 105,000 to 2.7 million curies/cubic-meter (Appendix, Table A-3).

These comparisons are for illustrative purposes only, as the radioactive constituents among the

examples are different.

Figure 1. Comparison of Radioactive Wastes

Notes:

Spent Fuel – BWR and PWR fuel rod assemblies 10 to 100 years decay time. Upper range of 2.67 x 106 for 14

year BWR to lower range of 1.05 x 105 for 100 year PWR. Source: Table A-13 of Appendix A to Yuaa Mt. EIS,

and Appendix C to “Investigation of Nuclide Importance to Functional Requirements Related to Transport and

Long-Term Storage of LWR Spent Fuel” (ORNL/TM/12742 – 1995).

High-level waste – Savannah River Site Vitrified HLW. Source: Personal Communication with W. Pearson,

USDOE Savannah River.

Transuranic waste – 47 Ci/m3 for contact handled-TRU, 143 Ci/m3 for remote handled-TRU. Source: Table

1. of “The Waste Isolation Pilot Plant,” National Research Council (1996).

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Radioactive Waste Streams: Waste Classification for Disposal

Low-level waste – Average based on Table 1 of “Commercial Gross Volume and Activity Distribution in

Disposal of Low-Level and Mixed Low-Level Radioactive Waste During 1990” (DOE/EH-0332p, August 1993).

Upper and lower limits of SR-90 Table 2 of 10 CFR 61.55.

Uranium tailings – (11e.(2) byproduct material) ranges from 9.72x10-5 Ci/m3 at Maybell Mill Site Moffat

County, Co. to 7.48x10-4 at Salt Lake City Mill Site, Salt Lake County, UT. Source: Summary Table of

“Remediation of UMTRCA Title I Uranium Mill Sites Under the UMTRCA Project.” EIA (December 31, 1999).

http://www.eia.doe.gov/cneaf/nuclear/page/umtra/title1sum.html.

Phosphogypsum waste – (Technologically Enhanced Naturally Occurring Radioactive Material) Calculated

average of 6.5 to 45x10-6 Ci/m3 based on 7.3 to 36.7 x 10-12 Ci/g. Source: Summary Table. U.S. EPA TENORM.

http://www.epa.gov/radiation/tenorm/sources_table.htm and density range of 888 to 1130 kg/m3 for Type 65

Florida phosphogypsum, http://www.agrium.com/1342.cfm.

Soils of the U.S. – Range from 3 to 40 x 10-6 Ci/m3. Source: Personal communication with J.K. Otton, USGS.

Definitions of various radioactive wastes are summarized in Table 2 along with applicable

legislative provisions. More detailed descriptions of the wastes and the processes that generate the

wastes are provided further below.

Table 2. Legislative and Regulatory Reference to Waste Definitions

Definition

Reference

Spent Nuclear Fuel (SNF) . . . withdrawn from a nuclear

reactor following irradiation

Nuclear Waste Policy Act of 1982, 42 U.S.C. 10101

High-Level Waste (HLW) . . . highly radioactive material from

reprocessing spent nuclear fuel

Nuclear Waste Policy Act of 1982, 42 U.S.C. 10101

Radioactive Waste Incidental to Reprocessing . . . reclassified

waste stream that would otherwise be considered highlevel due to its source or concentration

Defense Authorization Act for Fiscal Year 2005, P.L.

108-375

Transuranic Waste (TRU) . . . man-made elements above

atomic number 92

Atomic Energy Act of 1954, 42 U.S.C. 2014

Surplus Weapons-Usable Plutonium

Non-Proliferation and Export Control Policy,

PDD/NSC 13 1993

Low-Level Radioactive Waste (LLRW) . . . not high-level

radioactive waste, spent nuclear fuel, transuranic waste, or

by-product material

Low-Level Radioactive Waste Policy Amendments Act

of 1985, P.L. 99-240

Class A, Class B, Class C Waste

Greater than Class C (GTCC)

Licensing Requirements for Land Disposal of

Radioactive Waste, 10 C.F.R. 61.55

Mixed Low Level Radioactive and Hazardous Waste . . . lowlevel radioactive waste under LLRWA and hazardous

chemicals regulated under RCRA

Low-Level Radioactive Waste Policy Act of 1985—42

U.S.C. 2021b & Resource Conservation and Recovery

Act of 1976—42 U.S.C. 6901

Uranium Mill Tailings . . . by-product material . . . naturally

occurring radioactive material and uranium ore mill tailings

Uranium Mill Tailings Radiation Control Act of

1978—42 U.S.C. 7901

Depleted Uranium Hexafluoride . . . the source material

uranium in which the isotope U-235 is less than 0.711

percent of the total uranium present

10 C.F.R. 40.4—Domestic Licensing of Source Material

Congressional Research Service

Radioactive Waste Streams: Waste Classification for Disposal

Spent Nuclear Fuel

Currently, 104 commercial nuclear power reactors are licensed by the NRC to operate in 31

states.8 These reactors are refueled on a frequency of 12 to 24 months. A generic Westinghousedesigned 1,000-megawatt pressurized-water reactor (PWR) operates with 100 metric tons of

nuclear fuel. During refueling, approximately one-third of the fuel (spent nuclear fuel) is

replaced. The spent fuel is moved to a storage pool adjacent to the reactor for thermal cooling and

decay of short-lived radionuclides.

Due to the limited storage pool capacity at some commercial reactors, some cooled spent fuel has

been moved to dry storage casks. The NRC has licensed 30 independent spent fuel storage

installations (ISFSI)for dry casks in 23 states.9 Fuel debris from the 1979 Three Mile Island

reactor accident has been moved to interim storage at the Idaho National Laboratory (INL).

General Electric Company (GE) operates an independent spent fuel storage installation (Morris

Operation) in Morris Illinois. A group of eight electric utility companies has partnered as Private

Fuel Storage, LLC with the Skull Valley Band of Goshute Indians, and applied for an NRC

license to build and operate a temporary facility to store commercial spent nuclear fuel on the

Indian reservation in Skull Valley, Utah.

DOE spent fuel originated from nuclear weapons production, the naval reactor program, and both

domestic and foreign research reactor programs. DOE spent fuel remains in interim storage at

federal sites in Savannah River, South Carolina; Hanford, Washington; INL; and Fort St. Vrain,

Colorado.10

In contrast to commercial reactors, naval reactors can operate without refueling for up to 20

years. 11 As of 2003, 103 naval reactors were in operation, and nearly as many have been

decommissioned from service. Approximately 65 metric tons heavy metal (MTHM) of spent-fuel

have been removed from the naval reactors. Until 1992, naval spent fuel had been reprocessed for

weapons production, and since then has been transferred to INL for interim storage.

The planned Yucca Mountain repository is scheduled to receive 63,000 MTHM commercial spent

nuclear fuel, and 2,333 MTHM of DOE spent-fuel. 12 The NWPA prohibits disposing of more than

the equivalent of 70,000 MTHM in the first repository until a second is constructed.

The Energy Information Administration reported an aggregate total 47,023.4 MTHM discharged

from commercial rectors over the period of 1968 to 2002.13 Of the total, 46,268 MTHM is stored

at reactor sites, and the balance of 755.4 MTHM is in stored away from reactor sites.

69 pressurized water reactors (PWR) and 35 boiling water reactors (BWR): U.S. Nuclear Reactors, U.S. DOE, Energy

Information Administration, at http://www.eia.doe.gov/cneaf/nuclear/page/nuc_reactors/reactsum.html.

U.S. NRC, 2004-2005 Information Digest, Figure 42—Licensed Operating Independent Spent Fuel Storage

Installations.

U.S. DOE Office of Civilian Radioactive Waste Management, Appendix A, Final Environmental Impact Statement

for the Disposal of Spent Nuclear Fuel and High-Level Radioactive Waste at Yucca Mountain, Nye County, Nevada

(DOE/EIS-0250), February 2002.

U.S DOE and Department of the Navy, The United States Navy Nuclear Propulsion Program, March 2003.

Appendix A—Final Environmental Impact Statement.

U.S. DOE Energy Information Administration, Spent Nuclear Fuel Data, Detailed United States as of December 31,

2002, at http://www.eia.doe.gov/cneaf/nuclear/spent_fuel/ussnfdata.html.

Congressional Research Service

Radioactive Waste Streams: Waste Classification for Disposal

CRS obtained and compiled raw data from EIA on spent fuel discharged by commercial reactor

operators to the end of 2002, and data on spent fuel stored at the DOE national laboratory and

defense sites (as of 2003 year-end).14 A combined total of 49,333 MTHM had been discharged by

commercial- and defense-related activities at the end of 2002. Commercial reactor storage pools

accounted for 41,564 MTHM, and ISFSIs accounted for 5,294 MTHM. The balance was made up

by 2,475 MTHM of federal spent fuel stored at national laboratories, defense sites, and university

research reactors.15 CRS’s figures differ from EIA’s in several respects: EIA compiles only

commercial spent fuel data, combines data on reactor storage pool and dry storage at the reactor

facility site, and identifies non-reactor site spent fuel as “away from reactor site” storage.16 The

data are geographically presented in Figure 2 and summarized in Table 3.

At the end of 1998, EIA reported 38,418 MTHM of spent fuel discharged. 17 Based on 47,023

MTHM discharged at the end of 2002, CRS estimates that commercial reactor facilities discharge

an average 2152 MTHM of spent fuel annually. On that basis, CRS estimates 53,637 MTHM of

spent fuel had been discharged at the end of 2004.

U.S. DOE Energy Information Administration, Form RW-859, “Nuclear Fuel Data” (2002)

Idaho National Engineering and Environmental Laboratory INTEC Programs Division

Mostly General Electric’s Morris facility, and the Fort St. Vrain High Temperature Gas Reactor facility in DOE

caretaker status.

U.S. DOE Energy Information Administration, Prior Years 1998 Table, at http://www.eia.doe.gov/cneaf/nuclear/

spent_fuel/ussnfdata.html.

Congressional Research Service

Figure 2. Federal Sites, Commercial Reactor Storage Pools, and Independent Spent Fuel Storage Installations

Source: U.S. DOE National Laboratories as of 2003 year end, and U.S. DOE EIA Form RW-859 as of 2002 year end.

Note: Numbered labels refer to facilities in Table 3.

CRS-8

Table 3. Federal Site, Commercial Reactor Pool, and Independent Spent Fuel Storage

Facility

Assembly

MTHM

Facility

Assembly

MTHM

1. Arkansas Nuclear One

1,517

666.7

46. Shearon Harris Nuclear Power Plant

3,814

964.5

552

241.4

47. Cooper Nuclear Station

1,537

278.6

2. Browns Ferry Nuclear Plant

6,696

1,230.2

48. Fort Calhoun Nuclear Station

839

305.0

3. J M Farley Nuclear Plant

2,011

903.8

49. Seabrook Nuclear Station

624

287.2

4. Palo Verde Nuclear Generating Station

2,747

1,157.8

50. Hope Creek Generating Station

2,376

431.5

5. Diablo Canyon Power Plant

1,736

760.9

2,556

455.9

0.2

6. GE Vallecitos Nuclear Center

51. Oyster Creek Generating Station

244

47.6

7. Humboldt Bay Power Plant

390

28.9

52. Salem Nuclear Generating. Station

1,804

832.7

8. Rancho Seco Nuclear Generating Sta

493

228.4

53. Sandia National Laboratory

503

0.3

9. San Onofre Nuclear Generating Station

2,490

1,013.3

54. Brookhaven National Laboratory

0.0

10. Fort St. Vrain Power Station

1,464

14.7

2,460

446.5

1,019

412.3

11. Connecticut Yankee Atomic Power Co

55. JA Fitzpatrick Nuclear Power Plant

204

37.2

12. Millstone Nuclear Power Station

4,558

1,227.9

56. Indian Point Energy Center

2,073

903.6

13. Crystal River Nuclear Power Plant

824

382.3

57. Nine Mile Point Nuclear Station

4,456

801.6

14. St. Lucie Nuclear Power Plant

2,278

870.7

58. R E Ginna Nuclear Power Plant

967

357.4

15. Turkey Point Station

1,862

851.7

749

351.3

1,639

720.8

16. AW Vogtle, Jr. Electric Gen Plant

59. Davis-Besse Nuclear Power Station

33.9

17. EL Hatch Nuclear Plant

5,019

909.3

60. Perry Nuclear Power Plant

2,088

378.4

816

151.2

61. Trojan Nuclear Power Plant

780

358.9

18. D Arnold Energy Center

1,912

347.9

62. Beaver Valley Power Station

1,456

672.9

19. Idaho National Eng & Env Lab

93,705

300.2

63. Limerick Generating Station

4,601

824.0

20. Argonne National Lab East

0.1

5,905

1,062.7

1,485

628.7

21. Braidwood Generating Station

64. Peach Bottom Atomic Power Sta

1,020

190.3

22. Byron Generating Station

1,786

756.4

4,240

738.4

1,580

288.8

23. Clinton Power Station

65. Susquehanna Steam Electric Station

1,300

238.5

CRS-9

Facility

Assembly

MTHM

Facility

Assembly

MTHM

24. Dresden Generating Station

5,698

1,009.2

66. Three Mile Island Nuclear Station

898

416.1

1,155

146.9

67. Catawba Nuclear Station

1,780

782.4

25. General Electric Morris Op

3,217

674.3

344

147.9

4,106

744.6

26. LaSalle County Generating Station

68. HB Robinson Steam Electric Plant

24.1

27. Quad Cities Generating Station

6,116

1,106.5

1,419

665.8

2,226

1,019.4

28. Zion Generating Station

69. Oconee Nuclear Station

1,726

800.4

29. Wolf Creek Generating Station

925

427.3

70. Savannah River Defense Site

9,657

28.9

30. River Bend Station

2,148

383.9

71. VC Summer Nuclear Station

812

353.9

31. Waterford Generating Station

960

396.4

72. Sequoyah Nuclear Power Plant

1,699

782.6

32. Pilgrim Nuclear Station

2,274

413.9

73. Watts Bar Nuclear Plant

297

136.6

33. Yankee Rowe Nuclear Power Station

533

127.1

74. Comanche Peak Steam Electric Station

1,273

540.7

34. Calvert Cliffs Nuclear Power Plant

1,348

518.0

75. South Texas Project

1,254

677.8

960

368.1

76. North Anna Power Station

1,410

652.7

480

220.8

77. Surry Power Station

794

365.4

1,150

524.2

78. Vermont Yankee Generating Station

2,671

488.4

79. Columbia Generating Station

1,904

333.7

340

61.0

35. Maine Yankee Atomic Power Plant

1,434

542.3

36. Big Rock Point Nuclear Plant

441

57.9

37. D C Cook Nuclear Plant

2,198

969.0

38. Enrico Fermi Atomic Power Plant

1,708

304.6

39. Palisades Nuclear Power Station

649

260.7

432

172.4

40. Monticello Nuclear Generating Plant

1,342

236.1

80. Hanford Defense Site

110,140

2,128.9

41. Prairie Island Nuclear Gen. Plant

1,135

410.3

81. Kewaunee Nuclear Power Plant

904

347.6

680

262.3

82. La Crosse Nuclear Generating. Station

333

38.0

42. Callaway Nuclear Plant

1,118

479.0

1,353

507.4

3,160

560.2

43. Grand Gulf Nuclear Station

83. Point Beach Nuclear Plant

360

144.1

44. Brunswick Steam Electric Plant

2,227

477.4

45. W B McGuire Nuclear Station

2,232

1,001.1

4,834

1.7

CRS-10

84. University Research & Domestic Training Reactors

Facility

Assembly

MTHM

Facility

Commercial Reactor Pool

145,589

41,564.1

Commercial ISFSI

National Lab & Defense Site Storage

220,421

2,474.8

Combined Total

Assembly

MTHM

18,630

5,294.6

384,640

49,333.4

Totals by Type (T):

CRS-11

Radioactive Waste Streams: Waste Classification for Disposal

High-Level Radioactive Waste

NWPA defines high-level waste as “liquid waste produced directly in reprocessing and any solid

material derived from such liquid waste that contains fission products in sufficient

concentrations,” and “other highly radioactive material” that NRC determines requires permanent

isolation.18 Most of the United States’ high-level waste inventory was generated by DOE (and

former AEC) nuclear weapons programs at the Hanford, INL, and Savannah River Sites. A

limited quantity of high-level waste was generated by commercial spent fuel reprocessing at the

West Valley Demonstration Project in New York.19 Over concern that reprocessing contributed to

the proliferation of nuclear weapons, President Carter terminated federal support for commercial

reprocessing in 1977. For further information on reprocessing policy, refer to CRS Report

RS22542, Nuclear Fuel Reprocessing: U.S. Policy Development, by (name redacted).

Weapons-production reactor fuel, and naval reactor spent fuel were processed to remove special

nuclear material (plutonium and enriched uranium). Reprocessing generated highly radioactive,

acidic liquid wastes that generated heat.20 Weapons-related spent fuel reprocessing stopped in

1992, ending high-level waste generation in the United States. The wastes that were previously

generated continue to be stored at Hanford, INL, and Savannah River, where they will eventually

be processed into a more stable form for disposal in a deep geologic repository.

The Hanford Site generated approximately 53 million gallons of high-level radioactive and

chemical waste now stored in 177 underground carbon-steel tanks. 21 Some strontium and cesium

had been separated out and encapsulated as radioactive source material, then commercially leased

for various uses. The Savannah River Site generated about 36 million gallons of high-level waste

that it stored in 53 underground carbon-steel tanks.22 Both the Hanford and Savannah River Sites

had to neutralize the liquid’s acidity with caustic soda or sodium nitrate to condition it for storage

in the carbon-steel tanks. (The neutralization reaction formed a precipitate which collected as a

sludge on the tank bottom; see the discussion of waste-incidental-to-reprocessing below.)

Savannah River has constructed and begun operating a defense-waste processing facility that

converts high-level waste to a vitrified (glass) waste-form. The vitrified waste is poured into

canisters and stored on site until eventual disposal in a deep geologic repository. A salt-stone

“Permanent isolation” is left undefined by the NWPA.

From 1966 to 1972, Nuclear Fuel Services operated a commercial nuclear fuel reprocessing plant at the Western

New York Nuclear Services Center under contract to the State of New York. During the six years of operation, the

plant processed approximately 640 metric tons of spent nuclear fuel, about three-fourths of which was provided by the

AEC (60 percent of the total was from U. S. defense reactors). The plant generated approximately 2.3 million liters

(600,000 gallons) of liquid high-level waste that was stored in underground tanks. In 1972, nuclear fuel reprocessing

operations were discontinued. The liquid high-level radioactive waste produced during reprocessing was stored in

underground steel tanks. New York State Energy Research and Development Authority, at http://www.nyserda.org/

westval.html.

U.S. DOE, Integrated Data Base Report—1995: U.S. Spent Nuclear Fuel and Radioactive Waste Inventories,

Projections, and Characteristics, Rev. 12 (DOE/RW-0006), December 1996.

U.S. DOE Hanford Site, Electricity, Water, and Roads for Hanford’s Future Vitrification Plant Completed Ahead of

Schedule and Under Budget, press release, September 18, 2001, at http://www.hanford.gov/press/2001/orp/orp091801.html.

U.S. DOE Savannah River Site, Spent Nuclear Fuel Program Fact Sheet, at http://www.srs.gov/general/outreach/srscab/fuelfrm/facts1.htm.

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Radioactive Waste Streams: Waste Classification for Disposal

byproduct will be permanently disposed of on site. Hanford has plans for a similar processing

facility.

INL generated approximately 300,000 gallons of high-level waste through 1992 by reprocessing

naval reactor spent fuel, and sodium-bearing waste from cleaning contaminated facilities and

equipment. 23 The liquid waste had originally been stored in 11 stainless steel underground tanks.

All of the liquid high-level waste has been removed from five of the 11 tanks and thermally

converted to granular (calcine) solids. Further treatment is planned, and INL is also planning a

waste processing facility similar to Savannah River’s vitrification plant.

West Valley’s high-level waste has been vitrified and removed from the site. The vitrification

process thermally converts waste materials into a borosilicate glass-like substance that chemically

bonds the radionuclides. The vitrification plant is being decommissioned. The Hanford Site and

INL are planning similar vitrification plants.

High-level waste is also considered a mixed waste because of the chemically hazardous

substances it contains, which makes it subject to the environmental regulations under the

Resource Conservation and Recovery Act (RCRA).

Waste Incidental to Reprocessing

DOE policy in Order 435.1 refers to waste incidental to reprocessing in reclassifying a waste

stream that would otherwise be considered high-level due to its source or concentration.24 DOE’s

Implementation Guide to the Order states that “DOE Manual 435.1-1 is not intended to create, or

support the creation of, a new waste type entitled incidental waste.” The waste stream typically

results from reprocessing spent fuel. DOE has determined that under its regulatory authority the

incidental-to-processing waste stream can be managed according to DOE requirements for

transuranic or low-level waste, if specific criteria are met.

The DOE evaluation process for managing spent-fuel reprocessing wastes considers whether (1)

the “wastes are the result of reprocessing plant operations such as contaminated job wastes

including laboratory items such as clothing, tools and equipment,”25 and (2) key radionuclides

have been removed in order to permit downgrading the classification to either low-level waste or

transuranic waste. Evaluation process wastes include large volumes of low-activity liquid wastes

(separated from high-level waste streams), a grout or salt-stone solid form, and high-level waste

residues remaining in storage tanks. DOE’s evaluation process at the Savannah River Site resulted

in capping the residue left in high-level waste storage tanks with cement grout.

Public comments on the draft of Order 435.1 expressed the concern that potentially applicable

laws do not define or recognize the principle of “incidental waste,” or exempt high-level waste

that is “incidental” to DOE waste management activities from potential NRC licensing

U.S. DOE Idaho National Laboratory/ Idaho Nuclear Technology and Engineering Center—Cleanup Status, at

http://www.inel.gov/ environment/intec/.

U.S. DOE, M 435.1-1 Radioactive Waste Management Manual of 7-09-99, and G 435.1-1 Implementation Guide for

DOE M 435.1-1.

Notice of Proposed Rulemaking (34 FR 8712) for Appendix D 10 C.F.R. 50.

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Radioactive Waste Streams: Waste Classification for Disposal

authority. 26 In 2003, the Natural Resources Defense Council (NRDC) challenged DOE’s

evaluation process for Savannah River as scientifically indefensible, since no mixing occurred to

dilute the residue’s activity when capping it with grout.27 DOE countered that through the wasteincidental-to-reprocessing requirements of Order 435.1, key radionuclides have been removed

from the tanks, and the stabilized residual waste does not exceed Class C low-level radioactive

waste restrictions for shallow land burial.28 Removing the residual waste would be costly and

expose workers to radiologic risks, according to DOE.

In NRDC v. Abraham, the Federal District Court in Idaho ruled in 2003 that DOE violated the

NWPA by managing wastes through the evaluation process in Order 435.1.29 The Energy

Secretary later asked the Congress for legislation clarifying DOE authority in determinations on

waste-incidental-to-reprocessing at Hanford, Savannah River, and INL.30 On November 5, 2004,

the U.S. Court of Appeals for the Ninth Circuit vacated the district court’s judgment and

remanded the case with a direction to dismiss the action.31

Section 3116 (Defense Site Acceleration Completion) in the Ronald W. Reagan Defense

Authorization Act of FY2005 (P.L. 108-375) specified that the definition of the term “high-level

radioactive waste” excludes radioactive waste from reprocessed spent fuel if (1) the Energy

Secretary in consultation with the NRC determines the waste has had highly radioactive

radionuclides removed to the maximum extent practical, and (2) the waste does not exceed

concentration limits for Class C low-level waste. As a result of the Act, NRC expects to review an

increased number of waste determinations. As guidance to its staff, NRC developed a draft

Standard Review Plan (NUREG-1854). 32 Section 3117 of the Act (Treatment of Waste Material)

authorizes $350 million for DOE’s High Level Waste Proposal to accelerate the cleanup schedule

for the Hanford, Savannah River, and INL. For further information on this subject, refer to CRS

Report RS21988, Radioactive Tank Waste from the Past Production of Nuclear Weapons:

Background and Issues for Congress, by (name redacted) and (name redacted).

Transuranic Waste

The Atomic Energy Act (42 U.S.C. 2014) defines transuranic (TRU) waste as material

contaminated with elements having atomic numbers greater than uranium (92 protons) in

concentrations greater than 10 nanocuries/gram. The DOE (with other federal agencies) revised

the minimum radioactivity defining transuranic waste from 10 nanocuries/gram to greater than

100 nanocuries/gram in 1984.

U.S. DOE Office of Environmental Management, Summary of Public Comments on DOE Order 435.1, Radioactive

Waste Management, at http://web.em.doe.gov/em30/pubsum16.html.

Letter from Natural Resources Defense Council to the Honorable J. Dennis Hastert, August 19, 2003.

Second Declaration of Jessie Roberson in NRDC v. Abraham, 271 F. Supp. 2nd 1260 (D. Id. 2003).

NRDC v. Abraham, 271 F. Supp. 2nd 1260 (D. Id. 2003).

“DOE seeks nuclear waste clarification to reaffirm HLW disposal strategy,” Nuclear Fuel, The McGraw-Hill

Companies, August 19, 2003.

No. 03-35711 United States Court of Appeals for the Ninth Circuit 2004 U.S.

U.S. NRC, Standard Review Plan for Activities Related to U.S. Department of Energy Waste Determinations—Draft

Report For Interim Use and Comment (NUREG-1854), May 2006.

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Radioactive Waste Streams: Waste Classification for Disposal

Transuranic elements are artificially created in a reactor by irradiating uranium. These elements

include neptunium, plutonium, americium, and curium. Many emit alpha particles and have long

half-lives. 33 Americium has commercial use in smoke detectors, and plutonium produces fission

energy in commercial power reactors.

Transuranic waste is generated almost entirely by DOE (and former AEC) defense-related

weapons programs. The waste stream results from reprocessing irradiated fuel to remove

plutonium-239 or other transuranic elements, and from fabricating nuclear weapons and

plutonium-bearing reactor fuel. The waste may consist of plutonium-contaminated debris (such as

worker clothing, tools, and equipment), sludge or liquid from reprocessing, or cuttings and scraps

from machining plutonium.

In 1970, the former AEC determined that the long half-life and alpha emissions associated with

transuranic waste posed special disposal problems. This prompted the decision to stop the

practice of burying TRU waste in shallow landfills as a low-level waste.34

DOE distinguishes “retrievably stored” transuranic waste from “newly generated” waste. Waste

buried prior to 1970 is considered irretrievable and will remain buried in place. Since 1970,

transuranic waste has been packaged (e.g., metal drums, wood or metal boxes) and retrievably

stored in above-ground facilities such as earth-mounded berms, concrete culverts, buildings, and

outdoor storage pads. Waste that has been retrieved or will be retrieved, and then repackaged for

transportation and disposal, is classed as newly generated waste.35

The Department of Energy National Security and Military Applications of Nuclear Energy

Authorization Act of 1980 (P.L. 96-164) directed the Energy Secretary to consult and cooperate

with New Mexico in demonstrating the safe disposal of defense radioactive wastes. The Waste

Isolation Pilot Plant Land Withdrawal Act (P.L. 102-579 as amended by P.L. 104-211) limited

disposal acceptance to transuranic waste with a half-life greater than 20 years and radioactivity

greater than 100 nanocuries/gram. The WIPP Act further defined transuranic waste in terms of

“contact-handled transuranic waste” having a surface dose less than 200 millirem per hour, and

“remote-handled transuranic waste” having a surface dose rate greater than 200 millirem/hour.

The WIPP facility (near Carlsbad, New Mexico) began accepting transuranic waste in 1999 but

was restricted by the New Mexico Environment Department to accepting contact-handled waste

only. In October 2006, New Mexico revised WIPP’s permit to allow remote-handled waste.

The Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6901) imposed additional

disposal requirements on transuranic waste mixed with hazardous constituents. Mixed radioactive

and hazardous waste is a separate classification discussed further below.

The Energy and Water Development Appropriations Act for 2005 (P.L. 108-447) and

appropriation acts for some prior years precluded the WIPP facility from disposing of transuranic

waste containing plutonium in excess of 20%, as determined by weight.

Arjun Makhijani and Scott Saleska, High-level Dollars, Low-Level Sense, The Apex Press, New York, 1992.

U.S. DOE, Integrated Data Base Report-1995: U.S. Spent Nuclear Fuel and Radioactive Waste Inventories,

Projections, and Characteristics (DOE/RW-0006, Rev.12), December, 1996.

The National Academies Board on Radioactive Waste Management, Characterization of Remote-Handled

Transuranic Waste for the Waste Isolation Pilot Plant, Interim Report, National Academy Press, Washington, D.C.,

2001.

Congressional Research Service

Radioactive Waste Streams: Waste Classification for Disposal

Surplus Weapons-Usable Plutonium

The Atomic Energy defined “special nuclear material” as plutonium, uranium enriched in

isotopes 233 or 235, and any other material the NRC determined as special nuclear material.

Special nuclear material is important in weapons programs and as such has strict licensing and

handling controls. Under President Clinton’s 1993 Nonproliferation and Export Control Policy,

55 tons of weapons-usable plutonium was declared surplus to national security needs.36 DOE

plans to use surplus plutonium in mixed oxide fuel for commercial power reactors.37 Plutonium

not suitable for mixed oxide fuel fabrication is destined for repository disposal. The special

facility constructed to reprocess the surplus would generate transuranic waste and low-level

radioactive waste streams. Spent mixed oxide fuel would be disposed of in the same manner as

conventional commercial spent fuel in an NRC-licensed deep geologic repository.

Low-Level Radioactive Waste

The Low-Level Radioactive Waste Policy of 1980 (P.L. 96-573) defined “low-level radioactive

waste” as radioactive material that is not high-level radioactive waste, spent nuclear fuel, or

byproduct material, and radioactive material that the Nuclear Regulatory Commission (NRC)

classifies as low-level radioactive waste consistent with existing law. Low-level waste is

classified as A, B, C, or Greater than Class C in 10 C.F.R. 61.55—Waste Classification. These

classes are described further below. Commercial low-level waste is disposed of in facilities

licensed under NRC regulation, or NRC-compatible regulations of “agreement states.”

Low-level radioactive waste is generated by nuclear power plants, manufacturing and other

industries, medical institutions, universities, and government activities. Much of the nuclear

power plant waste comes from processes that control radio-contaminants in reactor cooling water.

These processes produce wet wastes such as filter sludge, ion-exchange resins, evaporator

bottoms, and dry wastes. Institutions such as hospitals, medical schools, research facilities, and

universities generate wastes of significantly differing characteristics. Industrial generators

produce and distribute radionuclides, and use radioisotopes for instruments and manufacturing

processes. The General Accounting Office (now Government Accountability Office) reported that

of the 12 million cubic feet of low-level waste disposed of in 2003, 99% constituted Class A. 38

The NRC classifies low-level waste using two tables: one for long-lived radionuclides, and one

for short-lived. Long-lived and short-lived refer to the length of time for radioactive decay. For

regulatory purposes, the dividing line between short-lived and long-lived is a half-life of 100

years. The radionuclides included as long-lived are: carbon-14, nickel-59, niobium-94,

technetium-99, iodine-129, plutonium-241, and curium-242. The group “alpha emitting

transuranic nuclides with half-lives greater than 5 years” is included in the long-lived table, as

various isotopes of the group may have half-lives in the range of hundreds-of-thousand of years.

U.S. DOE Office of Fissile Materials Disposition, Surplus Plutonium Disposition Final Environmental Impact

Statement (TIC:246358), 1999.

U.S. DOE, Record of Decision for the Surplus Plutonium Final Environmental Impact Statement, 65 FR 1608;

January 11, 2000.

U.S. GAO, Low-Level Radioactive Waste—Disposal Availability Adequate in the Short Term, but Oversight Needed

to Identify Any Future Shortfalls (GAO-04-604), June 2004.

Congressional Research Service

Radioactive Waste Streams: Waste Classification for Disposal

The short-lived radionuclide table includes tritium (hydrogen-3), cobalt-60, nickel-63, strontium90, and cesium-137. A group of unspecified “nuclides with half-lives less than 5 years” is

included as short-lived.

Low-level waste generated by nuclear power plants results from the fission of uranium fuel, or

the activation of the reactor components from neutrons released during fission. Trace amounts of

uranium left on fuel rod surfaces during manufacturing are partly responsible for the fission

products in the reactor cooling water.39 Tritium (H-3) occasionally results from uranium fission,

and from reactor cooling water using boron as a soluble control absorber.40 The radionuclides

carbon-14, nickel-53, nickel-59, and niobium-94 are created when stainless steel reactor

components absorb neutrons. The radionuclides strontium-90, technetium-99, and cesium-137 are

fission products of irradiated uranium fuel. The transuranic radionuclides are neutron-activation

products of irradiated uranium fuel. Iodine-129 is found in radioactive wastes from defenserelated government facilities and nuclear fuel cycle facilities; if released into the environment, its

water solubility allows its uptake by humans, where it concentrates in the thyroid gland.41

Some of the short-lived radionuclides have specific industrial or institutional applications. These

include cobalt-60, strontium-90, and cesium-137. Cobalt-60 is used in sealed sources for cancer

radiotherapy and sterilization of medical products; its intense emission of high-energy gamma

radiation makes it an external hazard, as well as an internal hazard when ingested. Strontium-90

is used in sealed sources for cancer radiotherapy, in luminous signs, in nuclear batteries, and in

industrial gauging. Due to strontium’s chemical similarity to calcium, it can readily be taken up

by plants and animals, and is introduced into the human food supply through milk. Cesium-137

also is used in sealed sources for cancer radiotherapy, and due to its similarity to potassium can be

taken up by living organisms.

Low-level waste classification ultimately determines whether waste is acceptable for shallow land

burial in an NRC- or state-licensed facility. The four waste classes identified by 10 C.F.R. Section

61.55 on the basis of radionuclide concentration limits are:

•

Class A: waste containing the lowest concentration of short-lived and long-lived

radionuclides. Examples include personal protective clothing, instruments, tools,

and some medical wastes. Also, waste containing any other radionuclides left

unspecified by 10 C.F.R. 61.55 is classified as A.

•

Class B: an intermediate waste classification that primarily applies to waste

containing either short-lived radionuclides exclusively, or a mixture of shortlived and long-lived radionuclides in which the long-lived concentration is less

than 10% of the Class C concentration limit for long-lived radionuclides.

•

Class C: wastes containing long-lived or short-lived radionuclides (or mixtures of

both) at the highest concentration limit suitable for shallow land burial. Examples

include ion exchange resins and filter materials used to treat reactor cooling

water, and activated metals (metal exposed to a neutron flux—irradiation—that

creates a radioactive isotope from the original metal).

U.S. DOE, Appendix A, Final Environmental Impact Statement.

Raymond, L. Murray, Chapter 16 of Understanding Radioactive Waste, Battelle Press, 2003.

U.S. EPA, Facts about Iodine, at http://www.epa.gov/superfund/resources/radiation/pdf/iodine.pdf.

Congressional Research Service

Radioactive Waste Streams: Waste Classification for Disposal

•

Greater than Class C (GTCC): waste generally not acceptable for near-surface

disposal. Greater than Class C wastes from nuclear power plants include

irradiated metal components from reactors such as core shrouds, support plates,

and core barrels, as well as filters and resins from reactor operations and

decommissioning.

The physical form, characteristics, and waste stability requirements are summarized in Table 4.

Table 4. Physical Form and Characteristics of Low-Level Waste

Greater than

Class C

Class A

Class B

Class C

Form

Trash, soil, rubble,

depleted uranium,

mildly contaminated

equipment and

clothing.

Reactor components,

sealed radioactive

sources, filters and

resins from nuclear

power plants.

Same as Class B but

higher in radioactivity.

Reactor components

and filter resins from

reactor

decommissioning.

Specific activity

near background to

700 Ci/m3

0.04 to 700 Ci/m3

44 to 7,000 Ci/m3

Greater than Class C.

Maximum

waste

concentration

basis

•

100-year decay

exceeds

acceptable

hazard levela to

an intruder.

Unspecified by

regulation.

•

500-year

acceptable

hazard level

reached.

•

500-year

protection

provided by

deeper disposal

or intruder

barriers.

100-year decay

to acceptable

hazard level* to

an intruder

100-year decay

to acceptable

hazard level* to

an intruder.

Waste

containers

No special provisions,

if waste is buried in a

separate disposal cell.

Must be designed to

be stable for 300

years.

Must remain stable

for 300 years.

(Not applicable)

Special

Disposal

Provisions

Waste stabilization

required if buried

with Class B or C

waste.

(Not applicable)

Barriers to intrusion

required that must

remain effective for

500 years where site

conditions prevent

deeper disposal.

Though generally not

acceptable for nearsurface disposal,

regulation allows for

disposal in nearsurface facility if

approved by NRC, or

other wise must be

disposed of in a

geologic repository.

Note: Ci/m3: Curies/cubic-meter

Acceptable hazard level to an intruder is based on maximum annual dose equivalent of 500 millirem (mrem)

to the whole body of any member of the public—Sec. 61.42, and draft Generic Environmental Impact

Statement for Part 61, NUREG-0782. Acceptable hazard level to the general population is based on

maximum dose equivalent of 25 mrem to whole body, 75 millirems to thyroid, and 25 millirems to any

organ of any member of the public.

Congressional Research Service

Radioactive Waste Streams: Waste Classification for Disposal

Class A, B, and C wastes are candidates for near-surface disposal. The concept for near-surface

disposal is: a system composed of the waste form, a trenched excavation, engineered barriers, and

natural site characteristics. Through complex computer models, the licensee must demonstrate

that the site and engineered features comply with the performance objectives in 10 C.F.R. Part 61.

Generally Class A and B wastes are buried no greater than 30 meters (~100 feet). Class C waste

must be buried at a greater depth to prevent an intruder from disturbing the waste after

institutional controls have lapsed. The operation of a disposal facility was originally foreseen to

last 20 to 40 years, after which it would be closed for stabilization period of 1 to 2 years,

observed and maintained for 5 to 15 years, then transferred to active institutional control for 100

years.42 At the time of licensing, funds had to be guaranteed by the state or licensee for the

facility’s long term care after closure. At present, no disposal facility exists for Greater than Class

C Waste, though the DOE is in the initial phase of a process to identify disposal options.43

The Senate Committee on Energy and Natural Resources conducted a hearing in September 2004

to consider the potential shortage of low-level waste disposal sites.44 The GAO had concluded in

a 2004 report that no shortfall in disposal capacity appeared imminent, although the national lowlevel waste database that would be used to estimate the adequacy of future capacity was

inaccurate.45 The GAO recommended that the DOE stop reporting the database information, and

added that Congress may wish to consider directing the Nuclear Regulatory Commission to report

when the disposal capacity situation changes enough to warrant congressional evaluation.

Provisions for State Disposal Compacts

In enacting the Low-Level Radioactive Waste Policy Act of 1980, Congress also established the

policy that each state take responsibility for disposing of low-level radioactive waste generated

within its borders. To accomplish this, states may enter into compacts. Section 102 of the 1986

amendments to the Act provided that each state, either by itself or in cooperation with other

states, be responsible for disposing of low-level radioactive wastes generated within the state.

Low-Level Waste Classification Tables

The NRC created two tables in 10 C.F.R 61.55 for classifying low-level waste on the basis of

radionuclide concentration limits. Table 1 of the regulation applies to long-lived radionuclides,

and Table 2 applies to short-lived (included as Figures A-1 and A-2 in the Appendix of this

report). The concentration limits are expressed in units of “curies/cubic meter” or

“nanocuries/gram” (the latter unit applying exclusively to the alpha-emitting transuranic

radionuclides). Figures 3 through 6 represent an illustrative guide to interpreting Tables 1 and 2;

they are not intended, however, for actual waste classification purposes. The figures break down

Tables 1 and 2 by long-lived, transuranic, short-lived and mixed long- and short-lived

radionuclides. In the case of mixed radionuclides, the “sum-of-the-fractions” rule must be

applied.

U.S. NRC, Final Environmental Impact Statement on 10 CFR Part 61 “Licensing Requirements for Land Disposal of

Radioactive Waste (NURGEG-0945), November 1982.

“DOE begins looking at options for disposal of GTCC radwaste,” Nuclear Fuels, October 11, 2004.

S. Hrg. 108-756, September 30, 2004.

U.S. GAO, Low-Level Radioactive Waste—Disposal Availability Adequate in the Short Term, but Oversight Needed

to Identify Any Future Shortfalls (GAO-04-604), June 2004.

Congressional Research Service

Radioactive Waste Streams: Waste Classification for Disposal

Sum-of-the-Fractions Rule. Waste containing a mixture of radionuclides must be classified by

applying the sum-of-the fractions rule. In the case of short-lived radionuclides—for each

radionuclide in the mixture, calculate the fraction:

radionuclide-concentration

lowest-concentration-limit

then calculate the fractions’ sum. If the sum-of-the-fractions is less than 1, the waste class is Class

A. If the sum of the fractions is greater than 1, recompute each fraction using the upper

concentration limits. If the fraction sum is less than 1, the waste is Class C; if greater than 1 then

it is Greater than Class C. In the case of long-lived radionuclides, sum the fractions of each

radionuclide concentration divided by the Column 1 concentration limits. If the resulting fraction

sum is less than 1, the waste is Class A. If the fraction sum is greater than 1, recompute the

fractions by applying the Column 2 concentration limits. If the sum is less than 1, the waste is

Class B. If the sum is greater than 1, recompute again using the Column 3 limits. For example,

consider a waste containing concentrations of long-lived radionuclides Sr-90 at 50 Ci/m3 and Cs137 at 22 Ci/m3. Since the concentrations each exceed the values in Column 1 (0.04 and 1.0

respectively) of Chart 3 (Table 2 of Section 61.55), they must be compared to the concentration

limits of Column 2. For Sr-90, the fraction 50/150 equals 0.33, for Cs-137 the fraction 22/44

equals 0.5. The resulting sum of the fractions (0.33 + 0.5) equals 0.83. Since the sum is less than

1.0, the waste is Class B.

Figure 3. Low-Level Waste Classification by Long-Lived Radionuclides

Source: Congressional Research Service

Notes: Waste Containing Only Long-lived Radionuclides – For waste containing on long-lived radionuclides,

classification is based on the concentration limits in 10 C.F.R. 61.55—Table 1. The concentration limits are

expressed in curies per cubic meter. Note that Class A’s concentration limit is one-tenth of Class C’s limit. Also,

note that Class B is left undefined by §61.55 in the case of waste containing exclusively long-lived radionuclides.

Waste containing mixtures of Table 1 radionuclides must be classified by applying the sum-of-the-fractions rule.

[ ] – indicates activated metal (exposure to a neutron flux resulting in a radioactive isotope of the original

metal).

Congressional Research Service

Radioactive Waste Streams: Waste Classification for Disposal

Figure 4. Low-Level Waste Classification by Transuranic Radionuclides

Source: Congressional Research Service

Notes: Waste Containing Only Transuranic Radionuclides – For waste containing only transuranic radionuclides

classification is based on the concentration limits of 10 C.F.R. 61.55—Table 1. The concentration limits are

expressed in terms of noncuries per gram. The limit for Class A is one-tenth that for Class C concentrations. As

in the case of long-lived radionuclides, §61.55 leaves Class B undefined for waste containing exclusively

transuranic radionuclides. Waste containing mixtures of Table 1 radionuclides must be classified by applying the

sum-of-the-fractions rule.

ηCurie: 10-9 Curie.

α : alpha particle-emitting transuranic nuclides.

Pu241 decays to Am241 half-life = 460 years, Cm242 decays to Pu238 half-life = 86 years.

Figure 5. Low-Level Waste Classification by Short-Lived Radionuclides

Source: Congressional Research Service

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Radioactive Waste Streams: Waste Classification for Disposal

Notes: Waste Containing Only Short-lived Radionuclides – For waste containing only short-lived radionuclides,

classification is based on the concentration limits in 10 C.F.R. 61.55 Table 2. The concentration limits are

expressed in terms of curies per cubic meter. Note that the concentration limits in Columns 2 and 3 are not

specified for the sum of radionuclides in concentrations above those in Column 1 will be classified as B (unless

other radionuclide concentrations determine the waste to be Class C). The external radiation and internal heat

generated by these radionuclides must be given practical consideration during transportation and handling, and

thus may limit their concentrations. Waste containing mixtures of Table 2 radionuclides must be classified by

applying the sum-of-the-fractions rule.

*No Limit: Practical considerations such as effects of external radiation and internal heat generation on

transportation, handling and disposal will limit the concentrations.

∑t1/2<5y: nuclides with radioactive half-lives less than 5 years.

Figure 6. Low-Level Waste Classification by Mixed Long-Lived and Short-Lived

Radionuclides

Congressional Research Service

Radioactive Waste Streams: Waste Classification for Disposal

Source: Congressional Research Service

Notes: Waste Containing Mixed Long-lived and Short-lived Radionuclides – Based on the concentration limits of

10 C.F.R. 61.55 – Tables 1 & 2, when long-lived radionuclide concentrations are less than the lower limits, the

waste classification is determined by short-lived concentration limits. If long-lived radionuclide concentrations are

between the lower and upper limits, the waste is classified as C, and above the upper limits as Greater-than

Class C.

*No Limit: Practical considerations such as effects of external radiation and internal heat generation on

transportation, handling and disposal will limit the concentrations.

Mixed Low-Level Radioactive and Hazardous Waste

Mixed waste contains both concentrations of radioactive materials that satisfy the definition of

low-level radioactive waste in the Low-Level Radioactive Waste Policy Act, and hazardous

chemicals regulated under the Resource Conservation and Recovery Act (RCRA, 42 U.S.C.

6901). In general, facilities that manage mixed waste are subject to RCRA Subtitle C (Hazardous

Waste) requirements for hazardous waste implemented by EPA (40 C.F.R. 124 and 260-270) or to

comparable regulations implemented by states or territories that are authorized to implement

RCRA mixed waste authority. The RCRA Subtitle C program was primarily developed for the

states’ implementation with oversight by EPA.

Depleted Uranium

Naturally occurring source material uranium contains uranium isotopes in the approximate

proportions of: U-238 (99.3%), U-235 (0.7%), and U-234 (trace amount) by weight. Source

material uranium is radioactive, U-235 contributing 2.2% of the activity, U-238 48.6%, and U234 49.2% .46 Depleted uranium is defined in 10 CFR 40.4 (Domestic Licensing of Source

Material) as “the source material uranium in which the isotope U-235 is less than 0.711 % of the

total uranium present.” It is a mixture of isotopes U-234, U-235, and U-238 having an activity

less than that of natural uranium.47 Most of the DOE depleted uranium hexafluoride inventory has

between 0.2% and 0.4% U-235 by weight. 48

The former AEC began operating uranium enrichment plants in 1945 to produce U-235 enriched

fuel for national defense and civilian nuclear reactors. Most commercial light-water reactors use

uranium enriched 2%-5% with U-235.49 As part of that enrichment process, uranium ore was

converted to uranium hexafluoride (UF6) gas to facilitate U-235’s separation, depleting the

source material uranium of its U-235 isotope. DOE’s inventory of depleted uranium hexafluoride

(DUF6) is approximately 700,000 metric tons. The DUF6 is stored in metal cylinders at the three

enrichment plant sites: Paducah, KY; Portsmouth, OH; and Oak Ridge, TN.

U.S. NRC, Natural Uranium, at http://www.nrc.gov/reading-rm/basic-ref/glossary/natural-uranium.html.

ANSI N7.2-1963 definition.

U.S. DOE, Office of Environmental Management Depleted Uranium Hexafluoride Management Program, Overview

of Depleted Uranium Hexafluoride Management Program, at http://web.ead.anl.gov/uranium/pdf/

DUF6MgmtOverviewFS.PDF.

U.S. DOE National Nuclear Security Administration, Nuclear Terms Handbook, 2001.

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Radioactive Waste Streams: Waste Classification for Disposal

As part of DOE’s DUF6 Management Program, 50 Oak Ridge National Laboratory (ORNL)

conducted an assessment of converting the DUF6 to one of four stable forms: metallic (DU),

tetrafluoride (DUF4), dioxide (DUO2) and triuranium octaoxide (DU3O8).51 ORNL considers the

characteristics of the four forms suitable for disposal as low-level radioactive waste. The DU

metal form has commercial and military uses (aircraft counterweights, shielding, armor, and

munitions).

DOE has considered the environmental impacts, benefits, costs, and institutional and

programmatic needs associated with managing its DUF6 inventory. In the 1999 Record of

Decision for Long Term Management and Use of Depleted Uranium Hexafluoride,52 DOE

decided to convert the DUF6 to depleted uranium oxide, depleted uranium metal, or a

combination of both. The depleted uranium oxide would be stored for potential future uses or

disposal as necessary. Conversion to depleted uranium metal would be performed only when uses

for the converted material were identified. DOE stated that it did not believe that long-term

storage as depleted uranium metal and disposal as depleted uranium metal were reasonable

alternatives. DOE has selected Uranium Disposition Services to design, build and operate

facilities in Paducah and Portsmouth to convert the DUF6. DOE has effectively declared DUF6 a

resource in the record of decision, anticipating its conversion to non-reactive depleted uranium

oxide. Making the material nonreactive is intended to eliminate the RCRA criteria that otherwise

would place it in a Mixed Waste class.

Technologically Enhanced Naturally Occurring

Radioactive Material

Technologically Enhanced Naturally Occurring Radioactive Material (TENORM) is a byproduct

of processing mineral ores containing naturally occurring radionuclides. These include uranium,

phosphate, aluminum, copper, gold, silver, titanium, zircon and rare earth ores. 53 The ore

beneficiation process concentrates the radionuclides above their naturally occurring

concentrations. Some TENORM may be found in certain consumer products, as well as fly ash

from coal-fired power plants. Activities such as treating drinking water also produce TENORM.

Surface and groundwater reservoirs may contain small amounts of naturally occurring

radionuclides (uranium, radium, thorium, and potassium; i.e., NORM). In areas where

concentrations of radium are high in underlying bedrock, groundwater typically has relatively

high radium content. Water treatment/filtration plants may remove and concentrate NORM in a

plant’s filters, tanks, and pipes. The result is technologically concentrated NORM (thus

TENORM) in the form of filtrate and tank/pipe scale. Radium-226, a decay product of uranium

and thorium soluble in water, is a particular concern because of the radiologic threat it poses.

Public exposure to TENORM is subject to federal regulatory control.

At Congress’s request in 1997, the EPA arranged for the National Academy of Sciences (NAS) to

study the basis for EPA’s regulatory guidance on naturally occurring radioactive material. The

U.S. DOE, Depleted UF6 Management, at http://web.ead.anl.gov/uranium/mgmtuses/index.cfm.

Oak Ridge National Laboratory, Assessment of Preferred Depleted Uranium Disposal Forms (ORNL/TM-2006/161)

June 2000.

U.S. DOE, DUF6 Programmatic EIS, at http://web.ead.anl.gov/uranium/documents/nepacomp/index.cfm.

U.S. EPA, TENORM Sources, at http://www.epa.gov/radiation/tenorm/sources.htm#mining_ resources.

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Radioactive Waste Streams: Waste Classification for Disposal

NAS study defined technologically enhanced radioactive material (TENORM) as “any naturally

occurring material not subject to regulation under the Atomic Energy Act whose radionuclide

concentrations or potential for human exposure have been increased above levels encountered in

the natural state by human activities.” The NAS completed its study in 1999.54 The most

important radionuclides identified by the study include the long-lived naturally occurring isotopes

of radium, thorium, uranium, and their radiologically important decay products. Radium is of

particular concern because it decays to form radioactive radon gas, a carcinogen contributing to

lung cancer. NAS noted that federal regulation of TENORM is fragmentary. Neither the EPA nor

any other federal agency with responsibility for regulating radiation exposure has developed

standards applicable to all exposure situations that involve naturally occurring radioactive

material.

The EPA submitted its own report on implementing the NAS recommendations to Congress the

following year, along with plans to revise its TENORM guidance documents.55 According to its

website, the EPA has used its authority under a number of existing environmental laws to regulate

some sources of TENORM, including the Clean Air Act, the Clean Water Act, the Safe Drinking

Water Act, and the Comprehensive Environmental Response, Compensation, and Liability Act

(CERCLA).56

Energy Policy Act Provisions for NORM

The Energy Policy Act of 200557 contains a provision in Section 651 that amends the Atomic

Energy Act’s section 11(e) definition of “byproduct material” to exclude “any discrete source of

naturally occurring radioactive material [NORM], other than source material” that the NRC, in

consultation with the EPA, Department of Energy, and Department of Homeland Security,

determines would pose a threat similar to the threat posed by a discrete source of radium-226.

The Energy Policy Act also made clear that byproduct material as defined in paragraphs (3) and

(4) of section 11(e) is not to be considered low-level radioactive waste for the purpose of disposal

under the Low-Level Radioactive Waste Policy Act and “carrying out a compact” under the

authorization of 42 U.S.C. sections 2021(b) et seq. 58 (permitting NRC agreements with states to

discontinue its regulatory authority over byproduct, source, and special nuclear materials.)

The Nuclear Regulatory Commission (NRC) proposes to amend its regulations to include

jurisdiction over certain radium sources, accelerator-produced radioactive materials (referred to as

NARM).59 The proposed rule does not suggest any discrete source of NARM nor criteria for

making such a determination. It does note that EPAct gives the NRC authority over discrete

sources of radium-226 but not over diffuse sources of radium-226 as it occurs in nature or over

National Research Council Committee on Evaluation of EPA Guidelines for Exposure to Naturally Occurring

Radioactive Materials, Evaluation of Guidelines for Exposures to Technologically Enhanced Naturally Occurring

Radioactive Materials, The National Academies Press, Washington, D.C., 1999.

U.S. EPA, Evaluation of EPA’s Guidelines for Technologically Enhanced Naturally Occurring Radioactive

Materials (TENORM)—Report to Congress (EPA 402-R-00-01) June 2000.

http://www.epa.gov/radiation/tenorm/regs.htm.

P.L. 109-58, 109th Cong., 1st Sess., 119 Stat. 594 (2005).

P.L. 109-58, § 65, 109th Cong., 1st Sess., 119 Stat. 807(2005).

Requirements for Expanded Definition of Byproduct Material; Proposed Rule, 71 Fed. Reg. 42951—42994 (July 28,

2006).

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Radioactive Waste Streams: Waste Classification for Disposal

other processes where radium-226 may be unintentionally concentrated.60 The specific example

of “residuals from treatment of water to meet drinking water standards” is given as a diffuse

source.

Recently, the Rocky Mountain Low-Level Radioactive Waste Compact’s authority to dispose of

NORM and TENORM has been called into question over the assertion that its jurisdiction

violates the Commerce Clause of the U.S. Constitution. Congress gave its consent to the Rocky

Mountain Low-Level Radioactive Waste Compact, consisting originally of the states of Arizona,

Colorado, Nevada, New Mexico, Utah, and Wyoming. 61 Arizona, Utah, and Wyoming later

withdrew from the Compact, leaving Colorado, Nevada, and New Mexico as remaining Compact

members.62 The Rocky Mountain Compact defines low-level waste as specifically excluding

radioactive waste generated by defense activities, high-level waste (from spent nuclear fuel

reprocessing), transuranic waste (produced from nuclear weapons fabrication), 11e(2) byproduct

material, 63 and mining process-related wastes.64 However, under Article VII(d) of the Compact,

both the Compact’s board and the host state may authorize management of any radioactive waste

other than low-level wastes upon consideration of various factors, such as the existence of

transuranic elements.65

A review of the legislative history of the Rocky Mountain Compact did not appear to reveal the

intent of Congress with respect to the specific responsibility of the states concerning NRCdefined A, B, and C class wastes. A statement in the legislative history of the Southeast Interstate

Compact, however, may provide an indication of Congress’s intent:

The definition of low-level waste in the compact may vary, but the compact provides for

adjustments and flexibility under its own procedures adequate to allow the compact to handle

waste for which the states are responsible.66

On the basis of the Compact’s Article VII and the language of H.Rept. 99-317, quoted above, that

accompanied H.R. 1267, it might be argued that the Compact’s jurisdiction extends to TENORM

when for disposal purposes TENORM meets the criteria of Class A, B, or C low-level radioactive

waste. Thus, the Compact’s authority to dispose of low-level radioactive waste would appear

restricted by the Energy Policy Act of 2005. TENORM that poses a threat similar to the threat

posed by a discrete source of radium-226 would arguably be outside the jurisdiction of the

Compact. A diffuse source of radium-226 (i.e., TENORM ) that does not pose a similar threat,

however, would appear to remain within the jurisdiction of the Compact’s Article VII(d)

provision.

Id., at 42959-42960.

P.L. 99-240, § 226, 99th Cong., 1st Sess., 99 Stat. 1902 (1985).

http://www.nrc.gov/waste/llw-disposal/compacts.html.

Section 11(e)2 of the Atomic Energy Act, 42 U.S.C. § 2014(e)(2), defines byproduct material to include the tailings

or wastes produced by extraction or concentration of uranium or thorium from any ore processed primarily for its

source content.

P.L. 99-240, § 226, Art. II(g), 99th Cong., 1st Sess., 99 Stat. 1903 (1985).

P.L. 99-240, § 226, Art. VII(d), 99th Cong., 1st Sess., 99 Stat. 1908 (1985).

H.R. REP. NO. 99-317, at 3 (1985).

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Radioactive Waste Streams: Waste Classification for Disposal

Uranium Mill Tailings

Uranium and thorium mill tailings are the waste byproducts of ore processed primarily for its

source material (i.e., uranium or thorium) content (10 C.F.R. 40.4). The tailings contain

radioactive uranium decay products and heavy metals. Mined ores are defined as source material

when containing 0.05 % or more by weight of uranium or thorium (10 C.F.R. 20.1003).

Byproduct material does not include underground ore bodies depleted by solution extraction.

Tailings or waste produced by the extraction or concentration of uranium or thorium is defined

under Section 11e.(2) of the Atomic Energy Act as amended by Title II of the Uranium Mill

Tailings Radiation Control Act of 1978 (UMTRCA , 42 U.S.C. 7901), and is simply referred to as

11e.(2) byproduct material. UMTRCA provided for stabilization and disposal of tailings to

mitigate the hazard of radon diffusion into the environment, and other hazards. Radon is a

daughter-product of uranium/thorium radioactive decay.

The NRC regulates the siting and design of tailings impoundments, disposal of tailings or wastes,

decommissioning of land and structures, groundwater protection standards, testing of the radon

emission rate from the impoundment cover, monitoring programs, airborne effluent and offsite

exposure limits, inspection of retention systems, financial surety requirements for

decommissioning and long-term surveillance and control of the tailings impoundment, and

eventual government ownership of pre-1978 tailings sites under an NRC general license.67

Waste Disposal Policy Issues

The AEC first acknowledged the problem of waste disposal in 1955. Concerned over the hazard

of radioactive waste, the AEC awarded a contract to the National Academy of Sciences to conduct

research on methods to dispose of radioactive waste in geologic media and recommend disposal

options within the continental limits of the United States.68 The Academy’s suggestion, at that

time, was that disposal in cavities mined out in salt beds or salt domes offered the most practical

and immediate solution.

In the mid-1960s, the AEC conducted engineering tests on disposing spent fuel in a salt mine near

Lyons, Kansas. After developing conceptual repository designs for the mine, AEC abandoned the

Lyons project in 1972 due to technical difficulties. The AEC went on to identify another site in a

salt deposit and announced plans for a retrievable surface storage program as an interim measure

until a repository could be developed, but the plan was later abandoned. 69

In the 1970s, the Energy Research and Development Administration (ERDA), and later the

Department of Energy (DOE), began a program of screening various geologic media for a

repository (including salt deposits), and the federal sites of the Hanford Reservation and Nevada

U.S. NRC, Appendix A to Part 40—Criteria Relating to the Operation of Uranium Mills and the Disposition of

Tailings or Wastes Produced by the Extraction or Concentration of Source Material from Ores Processed Primarily for

Their Source Material Content, at http://www.nrc.gov/reading-rm/doc-collections/cfr/part040/part040-appa.html.

Committee on Waste Disposal, National Research Council, The Disposal of Radioactive Waste on Land, National

Academies Press, Washington D.C., 1957.

Commission on Geosciences, Environment and Resources, Nuclear Wastes: Technologies for Separations and

Transmutation, National Academies Press, Washington D.C., 1996.

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Radioactive Waste Streams: Waste Classification for Disposal

Test Site. The national problem created by accumulating spent nuclear fuel and radioactive waste

prompted Congress to pass the Nuclear Waste Policy Act of 1982 (NWPA). The potential risks to

public health and safety required environmentally acceptable waste disposal solutions, and the

Act provided for developing repositories to dispose of high-level radioactive waste and spent

nuclear fuel. Under the Act, the Department of Energy will assume title to any high-level

radioactive waste or spent nuclear fuel accepted for a disposal in a repository constructed under

the Act (42 U.S.C. 10131).

In 2002, the President recommended approval of the Yucca Mountain repository site in Nevada.

In a recent district court ruling, however, EPA’s 10,000-year safety standard on radiation

containment at the site was found to be inconsistent with the congressionally mandated

recommendations of the National Academy of Sciences.70 Depending upon successful resolution

of the matter and the NRC’s granting a license, the repository could begin to accept high-level

waste and spent nuclear fuel in the next decade. The Energy Department intends to submit a

license application for Yucca Mountain in mid-2008.

The controversy over DOE waste incidental to reprocessing appears to have been resolved by

redefining high-level radioactive wastes as excluding the residue in high-level waste storagetanks. However, Congress has requested the National Research Council to study DOE’s plans to

manage the residual tank waste and report on the adequacy of the plans (P.L. 108-375). The DOE

also operates the Waste Isolation Pilot Plant in New Mexico to dispose of the transuranic waste

generated by the weapons program. New Mexico’s Governor, concerned that waste incidental to

reprocessing could end up at WIPP, ordered the state’s Department of Environmental

Management to amend WIPP’s hazardous waste permit so that only waste listed on DOE’s

Transuranic Waste Baseline Report is explicitly permitted for disposal at WIPP.71

When Congress passed the Low-Level Radioactive Waste Policy Act in 1980, three states—

Nevada, South Carolina, and Washington—hosted disposal sites for commercially generated lowlevel waste. The Act encouraged the formation of multi-state compacts in which one state would

host a disposal facility for the member states. The new facilities were to begin operation in by the

end of 1985. When it became clear that the deadline would not be met, Congress extended the

deadline to the end of 1992 in the amended Act of 1986 (P.L. 99-240). Since then, a new

commercial site has been licensed in Utah, and the Nevada site has closed.

Much of the low-level waste disposed of as Class A consists of debris, rubble, and contaminated

soil from decommissioning DOE and commercial nuclear facilities that contain relatively little

radioactivity. These decommissioning wastes make up much larger volumes than low-level waste

generated by operating nuclear facilities. The term “low-activity” has been used in describing the

waste, although it lacks regulatory or statutory meaning. The National Research Council, in its

interim report Improving the Regulation and Management of Low-Level Radioactive Wastes

found that the current system of regulating low-activity waste lacked overall consistency.72 As a

Nuclear Energy Institute, Inc. V. Environmental Protection Agency, No. 1258 United States Court of Appeals, July

9, 2004.

New Mexico Environmental Department, NMED WIPP Information Page, at http://www.nmenv.state.nm.us/wipp/.

National Research Council of the National Academies, Improving the Regulation and Management of Low-Level

Radioactive Wastes—Interim Report on Current Regulations, Inventories, and Practices, National Academies Press,

2003.

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Radioactive Waste Streams: Waste Classification for Disposal

consequence, waste streams having similar physical, chemical, and radiological characteristics

may be regulated by different authorities and managed in disparate ways.

In an Advance Notice of Proposed Rulemaking (ANPR), the EPA proposed analyzing the

feasibility of disposing of certain low-activity radioactive wastes in the RCRA Subtitle C

(hazardous waste) landfills, provided that legal and regulatory issues can be resolved. 73 The NRC,

in collaboration with the state of Michigan, recently permitted certain very low-activity wastes

from decommissioning of the Big Rock Point nuclear power plant to be sent to a RCRA Subtitle

D (solid waste) landfill, and other states have also determined that solid waste landfills offer

sufficient protection for low-activity waste. 74 In a recent decision, however, the NRC rejected a

staff proposal to permanently allow disposal of low-activity waste in solid waste landfills.75 If

found to be acceptable, disposing of low-activity waste at RCRA C and D landfills could alleviate

the future capacity constraints at the three operating low-level waste facilities.

Radioactive waste classification continues to raises issues for policymakers. Radioactive waste

generation, storage, transportation, and disposal leave little of the national geography unaffected.

The weapons facilities that processed and stored radioactive waste have left a lasting and

expensive environmental legacy that the DOE is attempting to remedy by accelerating the

cleanup of those contaminated sites. The standards for public exposure to low-level radiation

from the repository or cleanup of the weapons facilities have not been reconciled by EPA and

NRC. The lower limit on what may be classified as radioactive waste is undefined, and both EPA

and NRC jurisdiction overlap on disposal of this waste stream.

Glossary

BWR

boiling water reactor.

curie

the basic unit describing the radioactive intensity of a material. One curie equals

37 billion (37 x 109) disintegrations/second, which is approximately the activity

of 1 gram of radium.

isotope

one of several nuclides of the same element, thus the same number of protons

in the nucleus (e.g. 92 for uranium) but differing in the number of neutrons,

hence U-234, U-235, U-238.

microcurie

one millionth of a curie (1 x 10-6 curie); also expressed as µcurie

millicurie

one thousandth of a curie (1 x 10-3 curie); also expressed as mcurie

millirem

one-thousandth of a REM (Radiation Equivalent Man). It is the term for the

conventional unit of ionizing radiation dose (rad) equivalent used for radiation

protection purposes.

MTHM

metric ton of heavy metal. 1000 kilograms (the U.S. equivalent of 2,200 lbs) of

original uranium in fuel, excluding cladding and assembly hardware.

nanocurie

one billionth of a curie (1 x 10-9 curie); also expressed as ηcurie.

picocurie

one trillionth curie (1 x 10-12 curie); also expressed as pcurie.

68 Federal Register 65,120, November 18, 2003.

Margaret V. Federline , U.S. NRC, Management and Disposal Strategies for Low-Activity Waste in the U.S., White

Paper, December 8, 2004.

“NRC Surprises, Rejects Rule on Nuke Material Recycling and Disposal,” The Energy Daily, June 6, 2005

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Radioactive Waste Streams: Waste Classification for Disposal

PWR

pressurized water reactor.

Transuranic elements

neptunium, plutonium, americium, and curium.

Congressional Research Service

Radioactive Waste Streams: Waste Classification for Disposal

Appendix.

Table A-1. Uranium Mill Tailing Site Volume and Activity

Disposal Cell

Waste Volume

Disposal Cell

Radioactivity

Tailings

Activity

Site

Million

Cubic Yards

Million Cubic

Meters

Total Curies

(226Ra)

Average

Curies/

Cu. mtr.

Average

Curies/gram

(226Ra)

Maybell Mill Site, CO

3.50

4.58

445

0.0000972

0.000000000200

Mexican Hat Mill Site,

3.48

4.55

1,800

0.0000978

0.000000000667

Edgemont Mill Site, SD

3.00

3.92

527

0.0001340

Falls City Mill Site, TX

5.80

7.59

1,277

0.0001680

0.000000000189

Ambrosia Lake Mill

Site, NM

5.20

6.80

1,850

0.0002720

0.000000000571

Durango Mill Site, CO

2.53

3.31

1,400

0.0004530

0.000000000671

Rifle Mills (Old &

New) Mill Sites, CO

3.76

4.92

2,738

0.0005570

0.000000000760

Salt Lake City Mill Site,

2.80

3.66

1,550

0.0007480

0.000000000481

Source: U.S. DOE Energy Information Administration; “Remediation of UMTRCA Title I Uranium Mill Sites

Under the UMTRA Project Summary Table: Uranium Ore Processed, Disposal Cell Material, and Cost for

Remediation as of December 31, 1999,” at http://www.eia.doe.gov/cneaf/nuclear/page/umtra/title1sum.html.

Notes: Total Curies and Average Curies expressed as Radium-226 equivalence; 1 cubic meter = 1.308 cubic

yards.

Table A-2. Low-Level Waste Commercial Disposal Site Volume and Activity

Site

Cubic Feet

Cubic Meter

Activity Curies

Curies/

cubic-meter

Barnwell, SC

788,000

22,316

443,600

19.88

Richland, WA

295,300

8,363

92,980

11.12

Beatty, NV

59,480

1,684

11,320

6.72

1 ft3 = 0.02832 m3

Source: U.S. DOE, Table 1. Commercial Gross Volume and Activity Distribution in Disposal of Low-Level and

Mixed Low-Level Radioactive Waste During 1990 (DOE/EH-0332p), August 1993.

Table A-3. Spent Fuel Specific Activity

Fuel Rod Type

BWRa

PWRb

PWRc

PWRd

PWRe

PWRf

Fuel Rod array

8x8

17x17

GW/d/MTHM

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Radioactive Waste Streams: Waste Classification for Disposal

Fuel Rod Type

BWRa

PWRb

PWRc

PWRd

PWRe

PWRf

U-236 enrichment (%)

3.5

4.3

4.5

Decay time (years)

100

Activity / assembly (curies)

229594

68273

150000

20000

450000

40000

Nom vol/ assembly (cu. m)g

0.086

0.19

2669698

359332

789000

105000

2370000

211000

Calculated curies/ cu. M

Sources:

Boiling Water Reactor, Appendix A, Table A-13, Yucca Mt. EIS

Pressurized Water Reactor, Appendix A, Table A-12, Yucca Mt. EIS

Pressurized Water Reactor, Appendix C, P 82, Oak Ridge National Laboratory “Investigation of Nuclide

Importance to Functional Requirements Related to Transport and Long-Term Storage of LWR Spent Fuel

(ORNL/TM/12742), 1995.

Appendix C, P 82, ORNL/TM/12742.

Appendix C, P 85, ORNL/TM12742.

Table A-18, Reference Characteristics for Average Commercial Spent Fuel Assemblies, Appendix A,

Inventory of Characteristics of Spent Nuclear fuel, High-Level Radioactive Waste, and Other Materials,

Yucca Mountain EIS.

Notes: A typical fuel rod used in commercial nuclear power reactors consists of uranium dioxide pellets

surrounded by zirconium alloy cladding. The uranium oxide pellets consist of 3-4% fissionable uranium-235, and a

balance of nonfissionable U-238. An individual fuel assembly consists of arrays of fuel rods. The Energy

Information Administration (EIA) notes 131 reactor fuel assembly types on its Nuclear Fuel Data Survey Form

RW-859 (OMB No. 1901-0287). The assemblies range in weight from ~70 kilograms uranium for a Humboldt

Bay Assembly Class (boiling water reactor) to ~ 464 kilograms uranium for a Babcock & Wilcox 15 x 15

Assembly Class (pressurized water reactor). During the sustained chain reaction in an operating reactor, the U235 splits into highly radioactive fission products, while the U-238 is partially converted to plutonium-239 by

neutron capture, some of which also fissions. Further neutron capture creates other transuranic elements.

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Figure A-1. 10 CFR 61.55 Table 1

Figure A-2. 10 CFR 61.55 Table 2

Congressional Research Service

Radioactive Waste Streams: Waste Classification for Disposal

Author Contact Information

(name redacted)

Specialist in Energy and Energy Infrastructure

Policy

[redacted]@crs.loc.gov, 7-....

Congressional Research Service

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