Balancing Institutional Controls and Beneficial Reuse at U.S. Department of Energy Office of Legacy Management Sites

1. Balancing Institutional Controls and Beneficial Reuse atU.S. Department of Energy Office of Legacy Management Sites Steven R. SchiesswohlU.S. Department of Energy Office of Legacy Management, Asset Management Team Lead Thomas C. PaulingU.S. Department of Energy Office of Legacy Management,Director, Office of Site Operations Ronneburg, GermanyMay 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’sDiversity • 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. 8% 7% 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

7. The ICs HighwayLots of Rules - USA

8. The ICs HighwayLots of Rules - Europe 8

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 11

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. Enforcing Implementing Maintaining Planning 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

14. 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

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

17. 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.

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 DakotaBeneficial Reuse – Grazing

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

21. LM Dispositions and Reuse Update 21 21 21

22. Cumulative Acres in Beneficial Reuse 22

23. Remediation in early 1970 Salmon site as it appears today 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.

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

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

26. Anatomy of theDisposal FacilityWeldon Spring, Missouri

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

28. Spook, Wyoming, Disposal Site • UMTRCA Title I site • Former uranium-ore upgrading facility • Cleanup took place from 1989 to 1992 Open pit uranium mine operated from 1962 to 1965 Remediation complete

29. Ambrosia Lake, New Mexico, Disposal Site • UMTRCA Title I site • Former uranium-ore processing facility • Cleanup took place from 1987 to 1995 Ambrosia Lake Disposal Cell Ambrosia Lake uranium mill operated from 1958 to 1982

30. Canonsburg, Pennsylvania, Disposal Site • UMTRCA Title I site • Former uranium-ore processing facility • Cleanup took place from 1987 to 1995 Canonsburg Disposal Site Canonsburg uranium mill operated from 1911 to 1957

31. Gunnison, Colorado, Disposal and Processing Sites • UMTRCA Title I site • Former uranium-ore processing facility • Cleanup took place from 1992 to 1995 Gunnison uranium milloperated from 1958 to 1962 Gunnison Disposal Site

32. Monticello, Utah, Disposal and Processing Sites • UMTRCA Title I site • Former uranium-ore upgrading facility • Cleanup took place from 1989 to 1992 Monticello uranium mill Monticello disposal cell under construction

33. Rifle, Colorado, Sites • UMTRCA Title I sites • Two uranium- and vanadium-processing sites • Cleanup took place from 1992 to 1996 Rifle uranium mill 1924–1932; 1942–1958 Rifle disposal cell

34. Tuba City, Arizona, Disposal Site • UMTRCA Title I site • Former uranium mill • Cleanup took place from 1988 to 1990 Tuba City uranium mill operated from 1956 to 1966 Tuba City solar panels

35. 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 Rocky Flats Nuclear Weapons Plant operated from 1952 to 1994 Rocky Flats National Wildlife Refuge

36. Rocky Flats, Colorado – Off the Grid

37. Durango, Colorado, Disposal and Processing Sites • UMTRCA Title I site • Former uranium-ore processing facility • Cleanup took place from 1986 to 1991 Durango uranium mill operated from 1942 to 1963 Durango Disposal Site

38. Weldon Spring, Missouri, Site • CERCLA site • Produced explosives and later uranium feed materials plant • Cleanup took place from 1986 to 1995 Weldon Spring Chemical Plant operated from 1941 to 1967 Weldon Spring Interpretive Center

39. Fernald Preserve, Ohio • CERCLA site • Uranium-processing facility for high-purity uranium metal products for weapons production • Cleanup took place from 1989 to 2006 Fernald Feed Materials Production Center operated from 1951 to 1989 Fernald Preserve Visitors Center

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