Balancing Institutional Controls and Beneficial Reuse at U.S. Department of Energy Office of Legacy Management Sites Steven R. Schiesswohl U.S. Department of Energy Office of Legacy Management, Asset Management Team Lead Thomas C. Pauling U.S. Department of Energy Office of Legacy Management, Director, Office of Site Operations Ronneburg, Germany May 25 through 27, 2011

2 Legacy Management’s (LM) Mission Manage the U.S. Department of Energy’s (DOE) post- closure responsibilities and ensure the future protection of human health and the environment LM has control and custody for legacy land, structures, and facilities and is responsible for maintaining them at levels consistent with DOE’s long-term plans Includes Maintaining the remedy Monitoring to ensure integrity of the remedy Complying with regulatory requirements Providing for disposition and beneficial reuse of legacy assets

3 LM’s Mission Goals Protect human health and the environment Preserve, protect, and share legacy records and information Meet commitments to the contractor work force Optimize the use of land and assets Sustain management excellence

4 LM Sites

5 LM’s Diversity LM has 87 sites in 28 states and Puerto Rico Sites are added every year; more than 108 sites are expected by 2015 Sites are regulated by numerous federal cleanup regulations requiring Institutional Controls (ICs) (e.g., Uranium Mill Tailings Radiation Control Act [UMTRCA], Formerly Utilized Sites Remediation Action Program [FUSRAP], Comprehensive Environmental Response, Compensation, and Liability Act [CERCLA], and Nuclear Waste Policy Act [NWPA]) Sites are also subject to applicable state regulations ICs are part of a remedy and are maintained wherever needed including on adjacent properties and on transferred properties in beneficial reuse by others

6 Legacy of LM Sites UMTRCA – uranium processing and disposal sites Title I – federal cleanup and long-term stewardship Title II – private cleanup and transfer to LM for long-term stewardship FUSRAP – industrial sites used for research, production, and testing of nuclear weapons CERCLA, decontamination and decommissioning (D&D) – other sites with no continuing mission, but with residual contamination requiring long-term stewardship IC challenge: Majority of LM sites have contamination that must be considered in any proposal for reuse 8% 7%

7 The ICs Highway Lots of Rules - USA

8 The ICs Highway Lots of Rules - Europe

9 IC Regulatory Drivers – To Name a Few Federal laws and regulations Atomic Energy Act of 1954, as amended (AEC) UMTRCA, FUSRAP, CERCLA, and NWPA State agencies and local regulations Uranium Leasing Program – Colorado Department of Public Health and the Environment and Colorado Department of Reclamation and Mining Safety Permits, zoning, and inspections Federal agencies U.S. Environmental Protection Agency, U.S. Nuclear Regulatory Commission, and U.S. Fish & Wildlife Service DOE policy DOE Policy 454.1, Use of Institutional Controls

10 The ICs Highway – A Little Complex – USA

11 The ICs Highway – A Little Complex - Europe

12 LM’s Approach to ICs DOE Policy 454.1, Use of Institutional Controls “DOE policy is to use institutional controls as essential components of defense-in-depth strategy that uses multiple independent layers of safety to protect human health and the environment…” Defense-in-depth strategy includes “a layered approach to protectiveness” Administrative controls Notices Engineered components and structures Integrate use of well-designed and reliable ICs for protectiveness of DOE lands during stewardship, under reuse scenarios, and for disposition to other parties

13 Implementing and Evaluating ICs Most sites are already remediated and come to LM with established ICs LM reviews ICs prior to transition for long-term stewardship Establishing ICs for land undergoing groundwater remediation LM works with local government agencies and private landowners for ICs on non-DOE-owned property Sites routinely reevaluated for risk and to determine if ICs are appropriate and mechanisms are protective ImplementingMaintaining Enforcing Planning

LM’s Goal for Beneficial Reuse DOE is fourth-largest federal landholding agency LM established mission requirements for beneficial reuse Manage legacy land and assets, emphasizing protective real and personal property reuse and disposition Identify uses that benefit others, are compatible with ICs, and are protective LM must ensure ICs are appropriate for proposed reuse, are visible to those using the land, and are enforceable 14

15 ICs for Renewable Energy DOE is the leader for renewable energy in federal government LM reviewed all sites for renewable energy potential Durango, Colorado, Disposal Site: uranium mill tailings disposal cell that was attractive for solar photovoltaic development; model for future reuse Can implement project and abide by restrictions required Regulator approval ensures protectiveness of cell and associated structures Existing infrastructure, electrical capacity, and industry interest Developer must meet technical requirements and IC constraints Tailor land lease to ensure developer adherence to ICs and remedy requirements, and construct lease to allow private sector financial investment to meet private sector expectations

16 LM’s ICs Roadmap – Looking for Reuse Opportunities While Being Protective Durango, Colorado, Disposal Site

Durango Disposal Site Reuse at the Durango site is a good example of the balance between beneficial reuse and maintaining the restrictions needed to preserve the integrity of the site and its associated structures. 17

18 ICs for Agriculture Western sites are remote and surrounded by U.S. Bureau of Land Management and ranching operations Most sites lack infrastructure for renewable energy uses (e.g., transmission lines) Grazing is nonintrusive, compatible reuse Grazing of vegetative cover helps control weeds ICs are primarily engineered controls Fencing to keep livestock away from cells or associated structures

19 Edgemont, South Dakota Beneficial Reuse – Grazing

20 Let Others Use the Land! Weldon Spring, Missouri Educational and Recreation Reuse Fernald Preserve, Ohio Wildlife Preservation

21 LM Dispositions and Reuse Update 21

22 Cumulative Acres in Beneficial Reuse

Salmon, Mississippi, Site In December 2010, LM transferred a 595-hectare site, located in Lamar County, Mississippi, to the State of Mississippi. The site will be managed by the state as a wildlife refuge and working demonstration forest. 23 Remediation in early 1970 Salmon site as it appears today

Rincón, Puerto Rico Dr. Modesto Iriarte Technological Museum (formerly known as the Boiling Nuclear Superheater [BONUS] Decommissioned Reactor Site) 24

25 Summary Reuse is a national priority LM challenge is to promote beneficial reuse of underutilized land while ensuring ICs are effective for hundreds or thousands of years Continually evaluate risks and protectiveness Monitor ICs to ensure visibility and awareness of regulators and all land users Monitor land uses for real property transferred to third parties to ensure uses are consistent with ICs

Anatomy of the Disposal Facility Weldon Spring, Missouri 26

27 Weldon Spring, Missouri, Disposal Cell Weldon Spring, Missouri, Disposal Cell with biking and hiking trails and adjacent interpretive-education center

Spook, Wyoming, Disposal Site UMTRCA Title I site Former uranium-ore upgrading facility Cleanup took place from 1989 to Open pit uranium mine operated from 1962 to 1965 Remediation complete

Ambrosia Lake, New Mexico, Disposal Site UMTRCA Title I site Former uranium-ore processing facility Cleanup took place from 1987 to Ambrosia Lake uranium mill operated from 1958 to 1982 Ambrosia Lake Disposal Cell

Canonsburg, Pennsylvania, Disposal Site UMTRCA Title I site Former uranium-ore processing facility Cleanup took place from 1987 to Canonsburg uranium mill operated from 1911 to 1957 Canonsburg Disposal Site

Gunnison, Colorado, Disposal and Processing Sites UMTRCA Title I site Former uranium-ore processing facility Cleanup took place from 1992 to Gunnison uranium mill operated from 1958 to 1962 Gunnison Disposal Site

Monticello, Utah, Disposal and Processing Sites UMTRCA Title I site Former uranium-ore upgrading facility Cleanup took place from 1989 to Monticello uranium mill Monticello disposal cell under construction

Rifle, Colorado, Sites UMTRCA Title I sites Two uranium- and vanadium-processing sites Cleanup took place from 1992 to Rifle uranium mill 1924–1932; 1942–1958 Rifle disposal cell

Tuba City, Arizona, Disposal Site UMTRCA Title I site Former uranium mill Cleanup took place from 1988 to Tuba City uranium mill operated from 1956 to 1966 Tuba City solar panels

Rocky Flats, Colorado, Site CERCLA and Resource Conservation and Recovery Act (RCRA) site Former weapons production facility Cleanup took place from 1994 to 2005 Approximately 1,619 hectares transferred to U.S. Department of Interior to be managed as a national wildlife refuge 35 Rocky Flats Nuclear Weapons Plant operated from 1952 to 1994 Rocky Flats National Wildlife Refuge

Rocky Flats, Colorado – Off the Grid

Durango, Colorado, Disposal and Processing Sites UMTRCA Title I site Former uranium-ore processing facility Cleanup took place from 1986 to Durango uranium mill operated from 1942 to 1963 Durango Disposal Site

Weldon Spring, Missouri, Site CERCLA site Produced explosives and later uranium feed materials plant Cleanup took place from 1986 to Weldon Spring Interpretive Center Weldon Spring Chemical Plant operated from 1941 to 1967

Fernald Preserve, Ohio CERCLA site Uranium-processing facility for high-purity uranium metal products for weapons production Cleanup took place from 1989 to Fernald Preserve Visitors Center Fernald Feed Materials Production Center operated from 1951 to 1989

Uranium Leasing Program 40 C-JD-5 Mine (headframe and hoist house) Exploration drilling at C-CM-24