Appendix G
Portions of the 1995 Settlement Agreement

The 1995 Settlement Agreement (Lodge, 1995) covered many activities at the INEEL for inventories of DOE and Navy spent fuel, DOE transuranic waste, DOE high-level waste, and other treatable mixed waste. The quotations shown here are those parts of the agreement most directly relevant to the DOE HLW program to remediate the calcine and SBW.

"DOE shall treat all high-level waste currently at INEL so that it is ready to be moved out of Idaho for disposal by a target date of 2035."

And

"DOE agrees to treat spent fuel, high-level waste, and transuranic wastes in Idaho requiring treatment so as to permit ultimate disposal outside the State of Idaho."

And

"DOE shall commence calcination of sodium-bearing liquid high-level wastes by June 1, 2001. DOE shall complete calcination of sodium-bearing liquid high-level wastes by December 31, 2012."

And

"DOE shall accelerate efforts to evaluate alternatives for the treatment of calcined waste so as to put it into a form suitable for transport to a permanent repository or interim storage facility outside Idaho. To support this effort, DOE shall solicit proposals for feasibility studies by July 1, 1997. By December 31, 1999, DOE shall commence negotiating a plan and schedule with the State of Idaho for calcined waste treatment. The plan and schedule shall provide for completion of the treatment of all calcined waste located at INEL by a date established by the Record of Decision for the Environmental Impact Statement that analyzes the alternatives for treatment of such waste. Such Record of Decision shall be issued not later than December 31, 2009. It is presently contemplated by DOE that the plan and schedule shall provide for the completion of the treatment of all calcined waste located at INEL by a target date of December 31, 2035. The State expressly reserves its right to seek appropriate relief from the Court in the event that the date established in the Record of Decision for the Environmental Impact State-



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Alternative High-Level Waste Treatments at the Idaho National Engineering and Environmental Laboratory Appendix G Portions of the 1995 Settlement Agreement The 1995 Settlement Agreement (Lodge, 1995) covered many activities at the INEEL for inventories of DOE and Navy spent fuel, DOE transuranic waste, DOE high-level waste, and other treatable mixed waste. The quotations shown here are those parts of the agreement most directly relevant to the DOE HLW program to remediate the calcine and SBW. "DOE shall treat all high-level waste currently at INEL so that it is ready to be moved out of Idaho for disposal by a target date of 2035." And "DOE agrees to treat spent fuel, high-level waste, and transuranic wastes in Idaho requiring treatment so as to permit ultimate disposal outside the State of Idaho." And "DOE shall commence calcination of sodium-bearing liquid high-level wastes by June 1, 2001. DOE shall complete calcination of sodium-bearing liquid high-level wastes by December 31, 2012." And "DOE shall accelerate efforts to evaluate alternatives for the treatment of calcined waste so as to put it into a form suitable for transport to a permanent repository or interim storage facility outside Idaho. To support this effort, DOE shall solicit proposals for feasibility studies by July 1, 1997. By December 31, 1999, DOE shall commence negotiating a plan and schedule with the State of Idaho for calcined waste treatment. The plan and schedule shall provide for completion of the treatment of all calcined waste located at INEL by a date established by the Record of Decision for the Environmental Impact Statement that analyzes the alternatives for treatment of such waste. Such Record of Decision shall be issued not later than December 31, 2009. It is presently contemplated by DOE that the plan and schedule shall provide for the completion of the treatment of all calcined waste located at INEL by a target date of December 31, 2035. The State expressly reserves its right to seek appropriate relief from the Court in the event that the date established in the Record of Decision for the Environmental Impact State-

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Alternative High-Level Waste Treatments at the Idaho National Engineering and Environmental Laboratory ment that analyzes the alternatives for treatment of such waste is significantly later than DOE's target date. In support of the effort to treat such waste, DOE shall submit to the State of Idaho its application for a RCRA (or statutory equivalent) Part B permit by December 1, 2012." And "In the event any required NEPA analysis results in the selection after October 16, 1995, of an action which conflicts with any action identified in this Agreement, DOE or the Navy may request a modification of this Agreement to conform the action in the Agreement to that selected action. Approval of such modification shall not be unreasonably withheld. If the State refuses to accept the requested modification, DOE or the Navy may seek relief from the Court. On motion of any party, the Court may extend the time for DOE or the Navy to perform until the Court has decided whether to grant relief. If the Court determines that the State has unreasonably withheld approval, the Agreement shall be conformed to the selected action. If the Court determines that the State has reasonably withheld approval, the time for DOE or the Navy to perform the action at issue shall be as set forth in this Agreement and subject to enforcement as set forth in Section K. 1."