DOE Nuclear Cleanup May Cost $840 Billion by 2100

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Context and data our newsroom added to the originating report.

• The Department of Energy’s nuclear waste cleanup proceeds largely under three laws that set cleanup and waste management requirements.

• The Government Accountability Office and experts convened with the National Academies of Sciences, Engineering, and Medicine identified legal and regulatory factors affecting the cost and schedule of the Department of Energy’s nuclear waste cleanup.

• Some states are taking legal and regulatory actions that address the radiological aspects of nuclear waste at Department of Energy cleanup sites.

• Radiological aspects of nuclear waste at Department of Energy cleanup sites are generally regulated by the Department of Energy under the Atomic Energy Act of 1954, as amended.

• State actions addressing radiological aspects of nuclear waste may exceed a state’s authority to regulate hazardous waste under authorizations from the Environmental Protection Agency pursuant to the Resource Conservation and Recovery Act of 1976, as amended.

• Experts stated that state actions have led to disagreements between the Department of Energy and states on requirements for the radiological portion of the Department of Energy’s waste.

• Experts stated that state actions have led to longer cleanup schedules and billions in higher costs for the federal government.

• Courts have recognized that the Department of Energy’s authority to manage and regulate its nuclear waste under the Atomic Energy Act preempts certain state regulatory actions that impact the Department of Energy’s management of nuclear waste during its cleanup efforts.

• Statutes and case law are unclear on what kinds of state actions that affect the Department of Energy’s management and cleanup of radioactive waste are appropriate under the law.

• The prevalence of mixed waste at Department of Energy cleanup sites contributes to the uncertainty regarding appropriate state actions under the law.

• Experts stated that the Environmental Protection Agency could play a more active role in addressing instances where states may be improperly seeking to regulate radioactive materials covered by the Atomic Energy Act.

• Congressional clarification of the scope of the Atomic Energy Act’s preemption and the creation of a mechanism for the Department of Energy to appeal to the Environmental Protection Agency could reduce costly legal disputes and accelerate decision-making.

• The Department of Energy’s cleanup of its sites is based, in part, on the anticipated future uses of land and groundwater for an area.

• Experts stated that the Department of Energy is cleaning up some areas based on unrealistic assumptions about future land and groundwater uses.

• The Department of Energy has agreed with state regulators and the Environmental Protection Agency to clean up large portions of some sites to allow for future residential use, even though there are no plans for such use.

• The Department of Energy did not evaluate the costs associated with cleaning up to less stringent standards associated with different land uses in cases where residential use was assumed without plans.

• Realistic decisions about future land use were critical to the successful cleanup of the Rocky Flats site in Colorado.

• Congress designated the Rocky Flats site as a national wildlife refuge in 2001.

• Experts stated that a better framework for making realistic assumptions about future land use at Department of Energy cleanup sites is needed.

• Experts stated that the Department of Energy could assess benefits and costs associated with cleanup based on a range of potential future land uses.

• Experts stated that clarification from Congress and additional guidance from the Environmental Protection Agency and the Department of Energy on incorporating future land use assumptions would better position the Department of Energy to select appropriate cleanup approaches.

• The legal framework often requires the Department of Energy to clean up contaminated groundwater to meet drinking water standards.

• Experts stated that the assumption that groundwater beneath contaminated sites will be used for drinking water in the future is sometimes unrealistic.

• Experts stated that accounting for current scientific information may allow the Department of Energy to achieve cleanup that is protective and avoids unnecessary expenditures.