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A Review of DOE's Accelerated Cleanup Program and State-Based Compliance Agreements.

Subcommittee on Oversight and Investigations
July 19, 2002
09:30 AM
2123 Rayburn House Office Building 

 

Ms. Kathleen Trever
Coordinator/Manager Ineel Oversight Program
State of Idaho
1410 North Hilton Road
Boise, ID, 83706

Mr. Chairman and members of the Subcommittee, I appreciate the opportunity today to share with you the State of Idaho's perspective on the Department of Energy's (DOE) initiative for accelerating cleanup of the Idaho National Engineering and Environmental Laboratory (INEEL) and related state-based compliance agreements.

My name is Kathleen Trever, and I manage the state of Idaho's program that monitors DOE activities in Idaho.  I have been involved in issues related to the cleanup of the INEEL for over eight years.

Overview of the State's Perspective on the INEEL

The INEEL, one of DOE's major facilities, occupies land in eastern Idaho about the size of Rhode Island.  Only 3% of the site's 890 square miles are used, resulting in a huge buffer zone, making the site an ideal place for developing and testing nuclear reactors.

The INEEL played a key part in winning the Cold War, developing a strong nuclear navy, and advancing the commercial use of nuclear power.  While we encourage the continued use of the lab's valuable assets, we also expect the federal government to address the site's environmental liabilities.   

Environmental challenges INEEL faces

Those liabilities include considerable quantities of spent nuclear fuel and plutonium-contaminated waste brought from other sites to Idaho for "temporary" storage, as well as contamination from on-site activities.

The damaged core from the Three Mile Island reactor, brought to the INEEL, so the nation's leading nuclear scientists could determine what went wrong and how to prevent similar incidents from occurring, remains stored in Idaho.  Spent fuel from the nuclear naval fleet and other programs and locations is also at the INEEL waiting for a permanent solution.

Tens of thousands of barrels of plutonium-contaminated waste generated by the Rocky Flats Weapons site in Colorado and other facilities came to Idaho for decades.  This waste, largely generated at other sites and stored at the INEEL, makes INEEL the largest stockpile of plutonium-contaminated waste in the nation, and perhaps the world.  Also at the INEEL is liquid and solid high-level waste, which is both hazardous and radioactive.  This waste presents particularly difficult challenges in terms of treatment, storage, transport and disposal.

These Cold War wastes and contamination from site activities now sit atop the Eastern Snake River Plain Aquifer.  This Aquifer provides drinking water and supports much of Idaho's agricultural economy, including thousands of family farms, dairies, and a thriving aquaculture industry.

Idaho's efforts to ensure INEEL cleanup

For more than 30 years, Idaho has worked to ensure DOE addresses INEEL's environmental liabilities to protect the state's major aquifer and other parts of Idaho's environment. 

For nearly two decades there were promises with little progress.  Then, as a nation, we determined in the 1980s it was appropriate to hold our government accountable to most of the environmental standards we imposed on private industry.  And we learned more about the contamination our nation had created to end the Cold War and use atoms for peaceful purposes.

When faced with DOE's poor track record in honoring its cleanup promises and its lack of credibility, Idaho sought firmer commitments. When other options have not produced results, we have gone to court and used enforcement tools to protect our citizens.  We prefer, however, to see our resources directed at actual cleanup instead of legal and administrative costs. 

That is why we sought to negotiate mutually acceptable agreements to bring INEEL into compliance with environmental standards and fulfill its long-standing promises for treatment and removal of waste from Idaho.

These agreements have fostered considerable progress. And they have provided a public forum for discussion of cleanup.  The State and its regulatory agencies have worked with DOE to support innovative approaches and common sense cleanup requirements, changing our agreements and restructuring activities as appropriate to achieve tangible results.

INEEL's cleanup program is making great strides.  Inventories of highly radioactive liquid waste have been cut by more than half.  The damaged reactor core from Three Mile Island and other spent fuel has moved from aging storage pools to safer, dry storage.  And shipments of Rocky Flats waste, stored in Idaho for decades, are now leaving Idaho for the WIPP repository in New Mexico. 

We have encountered some problems, however, such as the Pit 9 project for demonstrating technology for buried transuranic waste retrieval, the subject of a hearing before this Subcommittee several years ago.  As DOE's own Top-to-Bottom Assessment realized, these problems often stem from overly simplistic assumptions, DOE's internal project management, or a lack of clear focus on tangible results. 

We cannot make DOE's toughest cleanup problems magically disappear or indefinitely postpone efforts to solve them. The costs, financial and otherwise, will only go up.  We need a solid investment strategy for reducing uncertainties and moving forward.

Efforts to further accelerate cleanup

In May, Idaho entered into a letter of intent with DOE and EPA to support acceleration of INEEL cleanup.   DOE recognized that existing agreements provide a reasonable and flexible framework for advancing our cleanup goals, and that we can save resources by not reinventing the wheel. 

We are now involved in DOE's efforts to develop performance management plans to restructure INEEL cleanup work within the framework of existing compliance agreements.

The collective desire of Congress, DOE and states housing DOE facilities for sooner, safer and more efficient cleanup is not new.  It's one we strongly support.

As we renew our commitment to sooner, safer and more efficient cleanup through our participation in DOE's accelerated cleanup initiative, there are certain steps essential to our success.

We need dependable, sufficient funding, focused management attention, sound investments in science and technology and improved public confidence in the cleanup process.

While it's healthy to set aggressive goals for completing cleanup, we must not fool ourselves with creative accounting practices or simplistic assumptions.  Earlier DOE cleanup plans reduced environmental liabilities and risks on paper, but eroded confidence in cleanup investments when some of the rosy forecasts did not prove out.  We are working with DOE to provide a realistic assessment of the nature and extent of the problems to be solved. 

In our press to reduce schedule and costs, we must still present investors in cleanup a clear understanding of programmatic risks, whether they involve unproven technology, regulatory assumptions, repository availability, decisions at other sites or public challenge.

We must also clearly define parameters for success that can remain consistent from one administration to the next.

The state of EM's science and technology program causes some concern.

It is unclear today what criteria DOE is using to develop environmental management priorities for science and technology.  For example, EM's Office of Science and Technology's latest proposed funding for FY2003 includes no INEEL projects, although such investments hold considerable potential for reducing the schedule and cost of two of the site's toughest, and most costly cleanup issues-high-level waste and buried plutonium-contaminated waste.  The estimated baselines for these projects are over 10 years and billions of dollars. 

If DOE does not investigate alternatives for these high-risk, high-cost baselines now, it will be locked into existing options to honor its commitments and keep from passing these problems onto the next generation. 

Some reform proposals involve transferring materials or responsibilities to other federal programs, so plans should recognize where costs are truly saved, versus shifted elsewhere.

DOE began its reform process by negotiating with sites and states fairly independently.  However, plans for the INEEL and other sites often depend on work in other places for storage, treatment and disposal.  For acceleration initiatives to succeed, DOE will have to address interdependencies among sites.  Idaho and other states have offered to serve as catalysts for collective discussions with sites through the National Governors Association DOE Task Force. 

Idaho is also committed to ensure INEEL cleanup is accelerated in a way that is compatible with the Department's larger mission objectives. DOE has agreed to develop a strategy for smoothly transferring laboratory functions from the Office of Environmental Management to other program sponsors.

In closing, Idaho remains committed to meeting our cleanup goals for the INEEL as efficiently as possible while ensuring we preserve the laboratory's capabilities for meeting our nation's security, energy, basic science and environmental needs.

We are all investors in successful cleanup.  To succeed, we will need more than general pronouncements of schedule and cost savings.  We will have to evaluate our problems, recognize uncertainties and determine how to get the maximum return on investment-accelerated cleanup that saves money and reduces risk. 

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