Radioactive Tank Wastes: Disposal Authority in the Ronald. W. Reagan National Defense Authorization Act for FY2005

How to safely dispose of waste from the production of nuclear weapons has been a longstanding issue. The most radioactive of these wastes are stored in underground tanks at Department of Energy (DOE) sites in Idaho, South Carolina, and Washington state. There have been concerns about soil and groundwater contamination, as some of the tanks are known or suspected to be leaking. DOE proposed to pump out the liquid waste, classify the sludge-like remainder as waste incidental to reprocessing, and seal it in the tanks with a cement grout. DOE argues that closing the tanks in this manner would be a cost-effective and timely way to address environmental risks. Questions have been raised as to how much waste would be left in the tanks, and whether the grout would contain the wastes and prevent leaks. After considerable debate, Congress included provisions in Section 3116 of the Ronald W. Reagan National Defense Authorization Act for FY2005 (P.L. 108-375) that authorize DOE to grout some of the tank wastes in place in Idaho and South Carolina, subject to certain criteria, state approval, monitoring by the Nuclear Regulatory Commission, and appropriations by Congress. The law does not provide such authority in Washington state. This report provides background information, analyzes the waste disposal authority in Section 3116, and examines potential implications for environmental cleanup.
CRS Report for Congress