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99/13/2808 18:19 77868e1169, ow Div PEGE 01/83 STATE OF NEVADA OFFICE OF THE ATTORNEY GENERAL 100 North Carson Street Carson City, Nevada 89701-4717 ‘CATHERINE CORTEZ MASTO KEMTH.G. MUNRO ‘storey comes sansa siny aes JIM SPENCER ‘oar August 12, 2008 James A. Rispoli Assistant Secretary for Environmental Management United States Department of Energy Washington, DC 20585 Re: Depleted Uranium Oxide Conversion Product and Savannah River Site Plutonium Uranium Extraction (PUREX) Shipments to Nevada Test Site Dear Assistant Secretary Rispoli This office recelved your letter dated February 14, 2008 conceming two letters from me about the above-referenced waste streams proposed for disposal at the Nevada Test Site (NTS). In your letter, you reference a January 18, 2008 meeting at the Nevada Department of Conservation (DCNR) during which you state that some of my concems were discussed. Please note that in the future, any questions or concerns that you or your staff may have conceming resolution of issues raised In my letters should be directed to me personally and not through representatives of other departments. ‘The basis for my letters relates to the Department of Energy's (DOE's) proposed uses of NTS for purposes other than ‘weapons testing,” Such uses do not conform with the terms of the State of Nevada v. OLeary settlement agreement or applicable provisions of the Federal Land Policy and Management Act. Although there is an overlap, my office's concems are distinct from the ongoing regulatory issues relating to DCNR's implementation of its hazardous waste program administered by the Nevada Division of Environmental Protection (NDEP). Over the past several months, we have discussed these issues with representatives of DCNRINDEP to find an acceptable compromise between my office’s concems with DOE's unauthorized land uses of NTS and waste disposal activities at NTS. ‘Telephone 77384-1100 + FeR77S141108 + winragatatanvus + Exnst aghfoGap.w gov ea/1s/2008 16:13 77S68e1103, or Div Pece 02/83 James A. Rispoli August 12, 2008 Page 2 In the interest of resolving the land withdrawal issues raised in my letters, | propose that the Department of Energy commit to the following: 1, Recognition of the settlement agreement in State of Nevada v. OLeary (CV-S-94-00576-PMP-(RLH)) wherein the Department of Energy (DOE) agreed to consult with the U.S. Department of the Interior (DO!) regarding the land withdrawal status of NTS. The Nevada Attomey General retains the right to seek judicial enforcement of this settiement agreement In U.S. District Court in Nevada, 2. Recognition that the settlement agreement requires that DOE inform the Nevada Attomey General of progress made in the consultation process. To this end, representatives of the Nevada Attomey General and/or the Nevada Agency for Nuclear Projects must be Informed of and included in any future consultations between DOE and DO! regarding NTS. 3. Recognition of the NDEP-DOE agreement regarding closure of Pit 3 at NTS by 2010, 4, DOE's agreement that a new site-wide environmental impact statement (EIS) for NTS is needed, including examination of all past, current and proposed NTS activities including environmental issues, particularly groundwater contamination, and waste disposal activities, Any current DOE efforts to supplement an existing EIS for NTS do not substitute for a new si!e-wide EIS. 5. The scoping process for the new site-wide EIS will commence no later than the end of March, 2009 and DOE agrees to publish a Notice of Intent (NOI) to that effect In the Federal Register. 6. DOE and DO! will conclude consultations and DOE will agree to submit new Land Withdrawal legislation to Congress in 2009. 7. Prior to accepting any new mixed waste streams for disposal at NTS, including Pit 3, DOE will (1) initiate a new, site-wide EIS for NTS designed to identify and evaluate all present activities and land uses at NTS, all planned activities and land uses at NTS and historical contamination including groundwater contamination at NTS, and (2) in cooperation with the U.S. Department of the Interior (DO!), draft and submit to Congress by September 1, 2009 legislation to formalize the withdrawal of land in accordance with past, ‘ongoing and future activities at NTS and, in accordance with that legislation and the foregoing paragraphs, initiate the National Environmental Policy Act (NEPA) process for withdrawal. Upon complying with the above, DOE may accept new mixed waste streams at NS - Pit S under the terms and conditions of the Resource Conservation and Recovery Act (RCRA) permit Issued by NDEP on 99/13/2088 18:19 7786881163 oe piv Pace 83/03 James A. Rispoli August 12, 2008 Page November 21, 2005. NDEP’s past authorization to allow disposal of mixed waste at NTS - Pit 3 shall not be construed as a basis for future disposal of mixed waste at NTS. For purposes of this correspondence, “new” waste streams are those waste streams that do not have a currently approved mixed waste profile by NDEP. Each waste stream profile is assigned a distinct NTS waste stream identification number which corresponds to a specific volume of that waste; the process that generated the waste stream; physicalchemical makeup of the waste stream; the number and type of containers that waste is packaged in; and the number of shipments that will be made for that waste stream. NDEP will not accept revisions to existing approved waste streams. Again, | ask that you direct any questions or concems relative to this proposal to my office directly. Please contact Marta Adams of my staff at 775-684-1237 or via email at madams@aa.nv.goy. Thank you for your consideration. Sipéeyely, ok Mir Coatnerine CORTEZ MASTO ‘Attomey General CCMIMAAIcb ce: Govemor Jim Gibbons Allen Biaggl Bob Loux 00 Drozdott Nevada Delegation