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1995 Settlement Agreement

DEQ’s involvement at INL dates back to the Cold War when the INL site was used to dispose of waste materials originating from nuclear weapons production activities outside of Idaho.

The public expressed concern about potential environmental and health impacts resulting from these activities and the state subsequently filed a lawsuit to prevent Idaho from becoming a dumping ground for the nation’s commercial spent nuclear fuel. The landmark agreement is known as the 1995 Idaho Settlement Agreement.

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In October 1995, the State of Idaho, US Navy, and US Department of Energy (DOE) reached an agreement settling a lawsuit filed by the state to require several actions, including but not limited to, the following: prevent shipments of spent nuclear fuel to the INL for permanent storage, remove various forms of transuranic waste from Idaho, treat and remove certain high-level waste streams from the state, and transfer spent nuclear fuel from wet storage into dry storage.

In 2008, the State of Idaho and the US Navy, Navy Nuclear Propulsion Program reached an agreement providing for enforceable commitments governing Naval spent fuel safe storage and ultimate removal, per the addendum, to ensure the ongoing mission of the Naval Nuclear Propulsion Program at the INL.

In 2008, the State of Idaho and the US Department of Energy (DOE) finalized an agreement outlining performance obligations regarding the DOE cleanup of buried transuranic waste at the INL.

In 2011, the State of Idaho and the US Department of Energy (DOE) finalized a Memorandum of Agreement setting out conditions for the safe development of next generation nuclear reactor fuel research capacities using limited quantities of used commercial fuel received at the INL, while ensuring Idaho does not become a defacto national repository for these materials.

In 2019, the State of Idaho and the US Department of Energy (DOE) finalized a Supplemental Agreement setting out conditions for a conditional waiver of sections D.2.e and K.1 of the 1995 Settlement Agreement under which the INL may receive limited research quantities of used commercial fuel.

In 2020, the State of Idaho and the US Department of Energy (DOE) finalized an agreement that provides for handling of spent nuclear fuel generated by operations of the Advanced Test Reactor (ATR), ensuring the commitment for eliminating the use of wet storage facilities for spent fuel is met while providing for the ongoing mission of the ATR at the INL.

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INL Settlement Agreement Coordinator

Mark Clough
Mark.Clough@deq.idaho.gov
(208) 373-0528

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