High-Level Waste and Spent Fuel

Statutory and Regulatory Definitions. The first regulatory definition of high-level waste was developed by AEC in 1970 and is contained in 10 CFR Part 50, Appendix F (AEC, 1970). Specifically  

High-level waste is the aqueous wastes resulting from operation of a first-cycle solvent extraction system, or equivalent, and concentrated wastes from subsequent extraction cycles, or equivalent, in a facility for fuel reprocessing. 

High-level waste thus includes the concentrated wastes that arise from reprocessing of commercial or defense nuclear fuel that contain virtually all the fission products and transuranium radionuclides (except plutonium) in spent fuel. However, the definition does not mention the constituents of the waste, and it is only qualitative because concentrated is not quantified and the minimum fuel burnup that would yield high-level waste is not specified. Although the definition given above referred only to liquid (aqueous) waste, it is clear from further discussions in 10 CFR Part 50, Appendix F (AEC, 1970), that AEC intended that high-level waste also would include concentrated solid waste derived from liquid high-level waste that was suitable for permanent disposal. 

Early statutory definitions of high-level waste are contained in the Marine Protection, Research and Sanctuaries Act of 1972 (MPRSA, 1972) and the West Valley Demonstration Project Act of 1980 (WVDPA, 1980). These definitions are consistent with the definition developed by AEC. 

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The generators and owners of high-level waste and spent fuel have the primary responsibility to provide for, and the responsibility to pay the costs of, the interim storage of such waste and spent fuel until such waste and spent fuel is accepted by DOE. 

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