Overview

Like the reports that precede it, the 2018 Task Force Report includes a discussion of accomplishments of the Interagency Task Force on Radiation Source Protection and Security (Task Force) and its member agencies over the past four years, as well as the status of actions underway by the Task Force to provide further assurance of the security of sources in all stages of their life cycle.

In preparation for this report, the Task Force evaluated the specific topics identified in the Energy Policy Act, including the list of radioactive sources that warrant enhanced protection; mechanisms for the safe storage and ultimate disposal of radioactive sources; transportation security; source tracking; import and export; and, ways to facilitate the use of alternative technologies to replace radioactive sources, as appropriate.  Based on its evaluation, the Task Force concluded that there are no significant gaps in the area of radioactive source protection and security that are not already being addressed through continued attention by appropriate Task Force agencies. Nonetheless, the Task Force remains engaged in activities to address ongoing challenges involving end-of-life management of risk-significant sources.

During this report cycle, the Task Force completed four recommendations from previous reports, which leaves only seven ongoing recommendations from the 2006, 2010, and 2014 reports.  In addition, the Task Force stated that it has completed several important accomplishments over the course of the past 4 years.  These include:

• The U.S. Department of Energy (DOE) completed the “Final Environmental Impact Statement for the Disposal of Greater-Than-Class-C Low-Level Radioactive Waste and GTCC-Like Waste” (Final EIS) and submitted the Report to Congress identifying and describing the alternatives under consideration for the disposal of Greater-than-Class-C (GTCC) low-level radioactive waste, as required by Section 631 of the Energy Policy Act.  Although the Final EIS and Report to Congress do not constitute a final decision on disposal of GTCC low-level radioactive waste, their completion represents a major accomplishment in progress toward establishing a disposal pathway for certain risk-significant radioactive sources.

• The NRC issued certificates of compliance to DOE’s National Nuclear Security Administration (NNSA) for two new transportation packages — the Model 435-B container in 2014 and the Model 380-B container in 2017.  Together, the new containers will help to enable shipment of nearly all commercially used devices containing high-activity cobalt-60 and cesium-137 radioactive sealed sources.

• The National Science and Technology Council (NSTC) Interagency Working Group on Alternatives to High-Activity Radioactive Sources completed its best practices guide for federal agencies.  The guide provides measures that federal agencies can consider to facilitate the transition to alternative technologies in their long-term strategic planning in a way that meets technical, operational and cost requirements.

• The United States continued to elevate the international radioactive source safety and security framework.  For example, the U.S. continues to support International Atomic Energy Agency (IAEA) efforts to encourage member states to make a political commitment to act in accordance with the IAEA “Guidance on the Import and Export of Radioactive Sources” that was issued in March 2005 and updated in May 2012.  In addition, the U.S. was instrumental in finalizing supplementary guidance to the IAEA Code of Conduct on the Safety and Security of Radioactive Sources, “Guidance on the Management of Disused Radioactive Sources,” which was issued in April 2018.

The Task Force continues to focus on actions to advance end-of-life management for risk- significant radioactive sources through efforts to establish expanded disposal capability and to identify opportunities to leverage best practices for the management of sources once they become disused.  The Task Force also continues to focus on efforts to advance the research, development and use of alternative technologies to replace radioactive sources, as appropriate, as well as to coordinate strategies to enhance the protection of radioactive sources from potential cyber security threats.  These actions will provide an enhanced level of protection and security for risk-significant sources, beyond the regulations currently in place.

Conclusion

During this report cycle, the 2018 Task Force completed four of the 11 recommendations and actions that remained in process at the start of this reporting period and concluded that there are no significant gaps in radioactive source protection and security that are not already being addressed.  However, the Task Force continues to focus on end-of-life management of risk-significant sources.  The Task Force will continue to advance its efforts to complete the remaining seven recommendations and actions and will coordinate routinely to identify and mitigate any gaps in source protection and security that may emerge in the future.

Consistent with the Energy Policy Act, the Task Force has continued its efforts to evaluate the security of radioactive sources and make related recommendations to the President and Congress.  The 2018 Task Force Report states that the Task Force has made substantial progress since the events of September 11, 2001 to enhance the protection of radioactive sources from terrorist threats and concludes that the United States is well positioned to continue to protect public health and safety and promote the common defense and security through the existing missions and activities of Task Force member agencies.

Background

The Energy Policy Act of 2005 established the Task Force to evaluate and provide recommendations to the President and Congress relating to the security of radioactive sources in the United States from potential terrorist threats.  These threats include acts of sabotage, theft or use of a radioactive source in a radiological dispersal device or radiation exposure device.  The Task Force presented its initial report to the President and Congress in 2006 and has continued to provide reports every four years consistent with the Energy Policy Act of 2005.

Fourteen federal agencies and one industry organization participate on the Task Force.  Members of the Task Force as mandated by the Energy Policy Act include the NRC Chair, Secretary of Homeland Security, Secretary of Defense, Secretary of Energy, Secretary of Transportation, Attorney General, Secretary of State, Director of National Intelligence, Director of the Central Intelligence Agency, Administrator of the Federal Emergency Management Agency (FEMA), Director of the Federal Bureau of Investigations (FBI) and Administrator of the U.S. Environmental Protection Agency (EPA).  Other invited departments, offices and organizations include the U.S. Department of Health and Human Services, Office of Science and Technology Policy and Organization of Agreement States (OAS) — the latter of which is a non-voting member.

The 2018 Task Force report is divided into three chapters that detail advances in the security and control of radioactive sources; the status of the recovery and disposition of radioactive sealed sources; and, progress in the area of alternative technologies. The 2018 Task Force Report states that, collectively, these chapters substantiate the Task Force’s conclusion that substantial progress has been made since the events of September 11, 2001 to enhance the protection of radioactive sources from terrorist threats, as well as that there are no significant gaps in the area of radioactive source protection and security that are not already being addressed through continued attention by the appropriate Task Force agencies.

In September 2011, at the request of the NNSA/GTRI, the Low-Level Radioactive Waste Forum (LLW Forum) Forum formed the Disused Sources Working Group (DSWG).  The working group, which was comprised of eight Directors of the LLW Forum, solicited input from a broad range of stakeholders at 19 meetings over a 30-month period.  In March 2014, the DSWG released its report identifying findings and recommendations related to the management and disposition of disused sealed sources that pose a threat to national security.

A PDF copy of the Low-Level Radioactive Waste Forum’s Disused Sources Working Group report may be downloaded and printed from the organization’s web site at www.llwforum.org or the National Directory of Brokers and Processors web site at www.bpdirectory.com.

Background information on the Radiation Source Protection and Security Task Force report, as well as links to the 2006 and 2010 reports, can be found on the NRC’s web site at http://www.nrc.gov/security/byproduct/task-force.html.

The report satisfies a statutory requirement in the Energy Policy Act of 2005 which requires that, prior to making a final decision on the disposal alternative or alternatives to be implemented regarding GTCC low-level radioactive waste, the Secretary of Energy shall submit a report to Congress that describes the alternatives under consideration and await action by Congress.  The report must also include all the information required by the Low-Level Radioactive Waste Policy Amendments Act of 1985 (LLRWPAA) for inclusion in a comprehensive report—submitted by the Secretary of Energy to Congress in February 1987—on ensuring the safe disposal of GTCC low-level radioactive waste.

The report has been posted to the DOE’s Greater-than-Class C (GTCC) low-level radioactive waste website at http://www.gtcceis.anl.gov/.

Overview

GTCC low-level radioactive waste, which is generated by NRC or Agreement State licensees, has radionuclide concentrations exceeding the limits for Class C low-level radioactive waste established by the U.S. Nuclear Regulatory Commission (NRC).  The federal government is responsible for the disposal of GTCC low-level radioactive waste.  At this time, there is no disposal facility for GTCC low-level radioactive waste.

In February 2016, DOE issued a Final Environmental Impact Statement for the Disposal of Greater-Than–Class C (GTCC) Low-Level Radioactive Waste and GTCC-Like Waste (DOE/EIS-0375).  The Final Environmental Impact Statement (EIS) did not constitute a final decision, however, as the Energy Policy Act of 2005 requires the Department to submit a Report to Congress on disposal alternatives for GTCC low-level radioactive waste and await action by Congress.  (See LLW Notes, January/February 2016, pp. 1, 24-25.)

Accordingly, the November 2016 Report to Congress evaluates the potential environmental impacts associated with the proposed development, operation and long-term management of a disposal facility or facilities for GTCC low-level radioactive waste and GTCC-like waste in DOE’s inventory as shown in the Final EIS.

Preferred Alternative

The preferred alternative for the disposal of GTCC low-level radioactive waste and GTCC-like waste identified in the Final EIS is land disposal at generic commercial facilities and/or disposal in the WIPP geologic repository.  Full waste emplacement operations at WIPP are not expected until the 2021 timeframe.  Therefore, the Department is primarily considering disposal at generic commercial facilities at this time.  The preferred alternative does not include disposal at any DOE sites other than WIPP.

The November 2016 Report to Congress states that the analysis in the Final EIS has provided the Department with the information needed to identify a preferred alternative with the potential for disposal of the entire waste inventory analyzed in the Final EIS.

DOE has determined that the preferred alternative would satisfy the needs of the Department for the disposal of GTCC low-level radioactive waste and GTCC-like waste.  As described in Section VIII of the report, legislation and regulatory actions would be required for DOE to implement its preferred disposal alternative.

Conclusions and Next Steps

Prior to making a final decision on which disposal alternative to implement, Section 631(b)(1)(B)(i) of the Energy Policy Act of 2005 requires DOE to submit a Report to Congress and await action thereon.  DOE has fulfilled the first step by submitting the November 2016 Report to Congress.  DOE must now wait for Congress to take appropriate action in accordance with the Energy Policy Act of 2005 before the Department can issue a Record of Decision.

Background

The Low-Level Radioactive Waste Policy Amendments Act of 1985 assigned the responsibility for the disposal of GTCC low-level radioactive waste to the federal government.  DOE’s Office of Environmental Management was designated as the specific office responsible for GTCC low-level radioactive waste disposal.

On May 11, 2005, DOE issued an Advance Notice of Intent (ANOI) in the Federal Register that invited the public to provide preliminary comments on the potential scope of the EIS.  DOE then issued a Notice of Intent (NOI) to prepare an EIS on July 23, 2007.  (A printing correction was issued on July 31, 2007.)  The NOI provided responses to the major issues identified by commenters on the ANOI, identified the preliminary scope of the EIS and announced nine public scoping meetings and a formal scoping comment period lasting from July 23 through September 21, 2007.  DOE used all input received during the scoping process to prepare the Draft EIS.

A 120-day public comment period on the Draft EIS began with the publication of the EPA Notice of Availability in the Federal Register on February 25, 2011 and closed on June 27, 2011.  DOE conducted public hearings at nine locations during April and May of 2011.  All comments received on the Draft EIS were considered in the preparation of the Final EIS.

In February 2016, DOE issued the Final EIS that evaluated five alternatives for the disposal of GTCC low-level radioactive waste and GTCC-like waste.  The final EIS identified land disposal at generic commercial facilities and/or disposal in the WIPP geologic repository as the preferred alternative.

For additional information, please contact Theresa J. Kliczewski, GTCC EIS Document Manager for DOE, at (202) 586-3301 or at Theresa.Kliczewski@em.doe.gov.

The report covers the NRC’s security inspection program, including force-on-force exercises, for commercial nuclear power reactors and Category I fuel cycle facilities for calendar year 2015.

In 2015, the NRC conducted 242 security inspections at commercial nuclear power plants and Category I fuel cycle facilities.  Those included 22 force-on-force inspections, involving simulated attacks on the facilities to test the effectiveness of a licensee’s security.  The NRC’s security program and publicly available results of the inspections are discussed in the report.

A copy of the report can be found at www.nrc.gov/docs/ML1608/ML16081A367.pdf.  For additional information, please contact Maureen Conley of the NRC at (301) 415-8200.

GTCC low-level radioactive waste has radionuclide concentrations exceeding the limits for Class C low-level radioactive waste established by the U.S. Nuclear Regulatory Commission (NRC). These wastes are generated by activities licensed by the NRC or Agreement States and cannot be disposed of in currently licensed commercial low-level radioactive waste disposal facilities.

Overview

The Department evaluated five alternatives in the Final EIS for the disposal of the GTCC low-level radioactive waste and DOE-owned GTCC-like waste. The preferred alternative for the disposal is the Department’s Waste Isolation Pilot Plant (WIPP) facility that is located near Carlsbad, New Mexico and/or land disposal at generic commercial facilities. According to DOE, “[t]he land disposal conceptual designs could be altered to provide the optimal application at a given location.”

The Final EIS is not a decision on GTCC low-level radioactive waste disposal. Prior to making a final decision on which disposal alternative(s) to implement, which will be included in a Record of Decision, the Department will submit a report to Congress on disposal alternatives for GTCC low-level radioactive waste and await action by Congress as required by the Energy Policy Act of 2005.

Wastes and Volumes

The NRC low-level radioactive waste classification system does not apply to radioactive wastes generated or owned by DOE and disposed of in DOE facilities. However, DOE owns or generates low-level radioactive waste and non-defense-generated transuranic (TRU) radioactive waste, which have characteristics similar to those of GTCC low-level radioactive waste and for which there may be no path for disposal at the present time. DOE has included these wastes for evaluation in the Final EIS because similar approaches may be used to dispose of both types of radioactive waste. For the purposes of the Final EIS, DOE refers to this waste as GTCC-like waste.

The total volume of GTCC low-level radioactive waste and GTCC-like waste addressed in the Final EIS is about 12,000 m³ (420,000 ft³), and it contains about 160 million curies of radioactivity. About three-fourths of this volume is GTCC low-level radioactive waste, with GTCC-like waste making up the remaining one-fourth of the volume. Much of the GTCC-like waste is TRU waste.

DOE has evaluated the potential environmental impacts associated with the range of reasonable alternatives for disposal of GTCC low-level radioactive waste and GTCC-like waste in the Final EIS.

For additional information, please contact Theresa J. Kliczewski, GTCC EIS Document Manager for DOE, at (202) 586-3301 or at Theresa.Kliczewski@em.doe.gov.

A copy of DOE’s Final EIS on the disposal of GTCC and GTCC-like waste, as well as related documents, may be found at http://www.gtcceis.anl.gov/documents/index.cfm#final.