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Long-Term Stewardship of DOE Legacy Waste Sites: A Status Report (2003)
Board on Radioactive Waste Management (BRWM)

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LONG-TERM STEWARDSHIP OF DOE LEGACY WASTE SITES—A STATUS REPORT

Committee on Long-Term Institutional Management of DOE Legacy Waste Sites: Phase 2

Board on Radioactive Waste Management

Division on Earth and Life Studies

NATIONAL RESEARCH COUNCIL OF THE NATIONAL ACADEMIES

THE NATIONAL ACADEMIES PRESS
Washington, D.C. www.nap.edu

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LONG-TERM STEWARDSHIP OF DOE LEGACY WASTE SITES—A STATUS REPORT Committee on Long-Term Institutional Management of DOE Legacy Waste Sites: Phase 2 Board on Radioactive Waste Management Division on Earth and Life Studies NATIONAL RESEARCH COUNCIL OF THE NATIONAL ACADEMIES THE NATIONAL ACADEMIES PRESS Washington, D.C. www.nap.edu

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THE NATIONAL ACADEMIES PRESS 500 Fifth Street, N.W. Washington, DC 20001 NOTICE: The project that is the subject of this report was approved by the Governing Board of the National Research Council, whose members are drawn from the councils of the National Academy of Sciences, the National Academy of Engineering, and the Institute of Medicine. The members of the committee responsible for the report were chosen for their special competences and with regard for appropriate balance. Support for this study was provided by the U.S. Department of Energy under Grant DE-FC01-99EW59049. All opinions, findings, conclusions, or recommendations expressed herein are those of the authors and do not necessarily reflect the views of the U.S. Department of Energy. Copies of this report are available from: The Board on Radioactive Waste Management 500 Fifth Street, N.W. 6th Floor Washington, DC 20001 202-334-3066 Copyright 2003 by the National Academy of Sciences. All rights reserved. Printed in the United States of America

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THE NATIONAL ACADEMIES Advisers to the Nation on Science, Engineering, and Medicine The National Academy of Sciences is a private, nonprofit, self-perpetuating society of distinguished scholars engaged in scientific and engineering research, dedicated to the furtherance of science and technology and to their use for the general welfare. Upon the authority of the charter granted to it by the Congress in 1863, the Academy has a mandate that requires it to advise the federal government on scientific and technical matters. Dr. Bruce M. Alberts is president of the National Academy of Sciences. The National Academy of Engineering was established in 1964, under the charter of the National Academy of Sciences, as a parallel organization of outstanding engineers. It is autonomous in its administration and in the selection of its members, sharing with the National Academy of Sciences the responsibility for advising the federal government. The National Academy of Engineering also sponsors engineering programs aimed at meeting national needs, encourages education and research, and recognizes the superior achievements of engineers. Dr. Wm. A. Wulf is president of the National Academy of Engineering. The Institute of Medicine was established in 1970 by the National Academy of Sciences to secure the services of eminent members of appropriate professions in the examination of policy matters pertaining to the health of the public. The Institute acts under the responsibility given to the National Academy of Sciences by its congressional charter to be an adviser to the federal government and, upon its own initiative, to identify issues of medical care, research, and education. Dr. Harvey V. Fineberg is president of the Institute of Medicine. The National Research Council was organized by the National Academy of Sciences in 1916 to associate the broad community of science and technology with the Academy’s purposes of furthering knowledge and advising the federal government. Functioning in accordance with general policies determined by the Academy, the Council has become the principal operating agency of both the National Academy of Sciences and the National Academy of Engineering in providing services to the government, the public, and the scientific and engineering communities. The Council is administered jointly by both Academies and the Institute of Medicine. Dr. Bruce M. Alberts and Dr. Wm. A. Wulf are chair and vice chair, respectively, of the National Research Council www.national-academies.org

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COMMITTEE ON LONG-TERM INSTITUTIONAL MANAGEMENT OF DOE LEGACY WASTE SITES: PHASE 2 KAI N. LEE, Chair, Williams College, Williamstown, Massachusetts CHRIS G. WHIPPLE, Vice Chair, ENVIRON International Corporation, Emeryville, California JOHN S. APPLEGATE, Indiana University School of Law, Bloomington SUSAN L. BRANTLEY, Pennsylvania State University, University Park THURE E. CERLING, University of Utah, Salt Lake City ALLEN G. CROFF, Oak Ridge National Laboratory, Tennessee PATRICIA J. CULLIGAN, Massachusetts Institute of Technology, Cambridge STEVEN N. HANDEL, Rutgers, The State University of New Jersey, New Brunswick ROBERT J. HUGGETT, Michigan State University, East Lansing TODD R. LA PORTE, University of California, Berkeley P. SURESH C. RAO, Purdue University, West Lafayette, Indiana ALLAN C.B. RICHARDSON, Consultant, Bethesda, Maryland MILTON RUSSELL, University of Tennessee, Knoxville MICHELE STRAUBE, CommUnity Resolution, Inc., Salt Lake City, Utah Board on Radioactive Waste Management Liaison GREGORY R. CHOPPIN, Florida State University, Tallahassee Staff MICAH D. LOWENTHAL, Study Director DARLA J. THOMPSON, Research Assistant LAURA D. LLANOS, Senior Project Assistant

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BOARD ON RADIOACTIVE WASTE MANAGEMENT JOHN F. AHEARNE, Chair, Sigma Xi and Duke University, Research Triangle Park, North Carolina CHARLES MCCOMBIE, Vice Chair, Consultant, Gipf-Oberfrick, Switzerland ROBERT M. BERNERO, U.S. Nuclear Regulatory Commission (retired), Gaithersburg, Maryland GREGORY R. CHOPPIN, Florida State University, Tallahassee RODNEY C. EWING, University of Michigan, Ann Arbor HOWARD C. KUNREUTHER, University of Pennsylvania, Philadelphia NIKOLAI P. LAVEROV, Russian Academy of Sciences, Moscow MILTON LEVENSON, Bechtel International (retired), Menlo Park, California JANE C.S. LONG, Mackay School of Mines, University of Nevada, Reno ALEXANDER MACLACHLAN, E.I. du Pont de Nemours and Company (retired), Wilmington, Delaware NORINE E. NOONAN, College of Charleston, South Carolina EUGENE A. ROSA, Washington State University, Pullman ATSUYUKI SUZUKI, Nuclear Safety Commission of Japan, Tokyo VICTORIA J. TSCHINKEL, The Nature Conservancy, Altamonte Springs, Florida Staff KEVIN D. CROWLEY, Director MICAH D. LOWENTHAL, Staff Officer BARBARA PASTINA, Senior Staff Officer JOHN R. WILEY, Senior Staff Officer TONI GREENLEAF, Administrative Associate DARLA J. THOMPSON, Research Assistant LATRICIA C. BAILEY, Senior Project Assistant LAURA D. LLANOS, Senior Project Assistant ANGELA R. TAYLOR, Senior Project Assistant JAMES YATES, JR., Office Assistant

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ACKNOWLEDGMENTS This study was made possible by assistance from many people outside and within the National Academies. DOE staff provided essential support, particularly in setting up useful site visits. At the sites, DOE and contractor staff devoted time and effort in providing presentations, touring the sites, answering questions, and following up on unresolved points. Citizens, public officials, and activist groups in the communities that host the sites were likewise generous with their time and willingness to talk frankly with the committee. The committee specifically acknowledges the following groups: Miamisburg Environmental Safety and Health (MESH), Fernald Residents for Environmental Safety and Health (FRESH), and the Fernald Citizens Advisory Board (FCAB). In writing and completing this report the study director, Micah Lowenthal, was indispensable: energetic, thoughtful, thorough, and generous in helping at every stage in helping to weave the many strands of expertise in this group into a coherent statement. The committee is also indebted to the Board on Radioactive Waste Management, especially senior project assistant Laura Llanos, research assistant Darla Thompson, and board director Kevin Crowley, who spent much time at our meetings and whose counsel was sensible and precise. This report has been reviewed in draft form by individuals chosen for their diverse perspectives and technical expertise, in accordance with procedures approved by the National Research Council (NRC) Report Review Committee. The purpose of this independent review is to provide candid and critical comments that will assist the institution in making the published report as sound as possible and to ensure that the report meets institutional standards for objectivity, evidence, and responsiveness to the study charge. The content of the review comments and draft manuscript remains confidential to protect the integrity of the deliberative process. We wish to thank the following individuals for their participation in the review of this report: David E. Daniel, University of Illinois, Urbana-Champagne Carolyn Huntoon, U.S. Department of Energy (retired) Donald F. Kettl, University of Wisconsin, Madison Howard C. Kunreuther, University of Pennsylvania Thomas M. Leschine, University of Washington John A. Pendergrass, The Environmental Law Institute Howard Roitman, Colorado Department of Public Health and Environment Herman H. Shugart, Jr., University of Virginia Theofanis G. Theofanous, University of California, Santa Barbara Although the reviewers listed above have provided many constructive comments and suggestions, they were not asked to endorse the conclusions or recommendations, nor did they see the final draft of the report before its release. The review of this report was overseen by George M. Hornberger. Appointed by the National Research Council, he was responsible for making certain that an independent examination of this report was carried out in accordance with NRC procedures and that all review comments were carefully considered. Responsibility for the final content of this report rests entirely with the authoring committee and the NRC.

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Contents     SUMMARY,   1     OVERVIEW,   6     BACKGROUND,   8     SUMMARY OF FINDINGS AND OBSERVATIONS FROM THE VISITS TO MOUND AND FERNALD,   11     CHIEF RECOMMENDATION,   12     WHAT IS STEWARDSHIP?   15     Beyond a Compliance Culture,   16     INCORPORATING LTS INTO ENVIRONMENTAL MANAGEMENT,   18     Planning for Changing Environments,   19     Involving the Local Community,   21     Developing and Selecting a Remedy,   23     Planning for Fallibility,   24     Monitoring,   26     Institutional Challenges—Trust, Constancy, Learning,   27     ALLOCATING RISKS & COSTS WITHIN AND ACROSS GENERATIONS: A NATIONAL DIALOGUE,   32     REFERENCES,   35     APPENDIXES         A Statement of Task,   45     B Biographical Sketches of Committee Members,   46     C Presentations to the Committee,   50     D Board on Radioactive Waste Management Letter to Jessie Roberson,   54     E The Committee’s Observations at Mound and Fernald,   57

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