The announcement, made in a press release, followed inclusion of language in the Defense Authorization Act requiring removal by the U.S. Army no later than March 31, 2007. The press release did not reveal how the depleted uranium would be removed from the site or to where it would be taken for disposal.
Inhofe said, "Today we have a solution to this long-standing problem in Gore and I am pleased we were able to reach an agreement with the Army allowing us to clean up this site."
Boren commented, "After 13 years of uncertainty we can now safely say the uranium will be out of Gore within a year. It's long past time to get it out of Eastern Oklahoma."
About 1,200 barrels, or 1.5 million pounds, of depleted uranium has been stored at the former Sequoyah Fuels Corp. site near Gore since 1993 when the facility finished contract work involving uranium provided by the federal government. The site was used to convert DU6 to DU4 for use by the Army in anti-tank ammunition.
Over the past 13 years Sequoyah Fuels and the Army have been deadlocked over whose responsibility it was to remediate the site. Inhofe broke the logjam this week by including language in the Senate version of the Defense Authorization Act, requiring the Secretary of the Army to transport all government-furnished uranium from Sequoyah Fuels no later than March 31.
After numerous attempts to engage the Department of Defense on the issue, Boren offered an amendment to the House version of the Defense Authorization Act in May requiring the Secretaries of Defense and Energy to submit a report to Congress outlining remediation plans for the site. The Army responded on June 5, noting that "The indefinite storage of the material at the Gore site is not an acceptable solution."
It was also noted that the agency lacked congressional authorization to remove the depleted uranium.
Inhofe said, "I appreciate Rep. Boren's assistance with this issue and I am confident we have a lasting solution after this week's action."
Boren concluded, "With the senator's help we were able to put this issue to rest once and for all."
Nick Choate with Boren's office said Friday afternoon the details of removal of the depleted uranium would be left up to the U.S. Army. He also said that other contaminated materials believed to be at the site are not included in agreement to remove the depleted uranium.
John Ellis, Sequoyah Fuels president, said Tuesday that the removal of the depleted uranium comes as a relief, especially since he has been working for several years to get the Army to remove the material.
"The trouble was we were a subcontractor, and, as a subcontractor, we couldn't sue the government," Ellis said. Sequoyah Fuels has contended all along that the materials belonged to the Army since the ammunition was made for the Army.
Ellis said he has been working with Inhofe and Boren to get the authorization for the Army to take control of the depleted uranium, which they were able to do by adding it to the Defense Authorization Act.
"The bill is still in committee," Ellis said, "but since they decided to announce removal of the material, I don't think there is going to be a problem."
Ellis said Sequoyah Fuels is continuing to work on decommissioning the plant, which ceased operations in the 1990s. Other contaminated materials remain on the grounds, he noted.
"We've got some other material we've just finished packaging (for removal)," Ellis said. The material, raffinate sludge, is a by-product of the first step in the processing of uranium for use in other areas such as ammunition and for fuel rods in nuclear reactors, which was Sequoyah Fuels primary product.
Ellis said the water has been removed from the raffinate sludge. "I have 11,000 one-ton bags of raffinate sludge, with most of the water removed, waiting to be shipped," Ellis said.
He explained that the raffinate still contains some uranium, which can be processed out. Several companies are considering buying the material because, Ellis said, the remaining uranium in the raffinate sludge is worth between $43 and $44 per pound.
"There is close to 100,000 pounds of uranium in this raffinate sludge," Ellis said. "There could be close to $3 million of uranium in this stuff. We are talking to several companies who want to process it out."
Ellis said Sequoyah Fuels officials and the Nuclear Regulatory Commission (NRC) are still working on decommissioning the plant, and other contaminated materials will be stored on site.
"We have 13 minor technical issues still to be worked out with the NRC," Ellis said, "and we expect to finish them this fall. We expect the NRC will have an impact hearing in March or April...then we'll go ahead with the on-site cell."
The on-site cell will be where contaminated materials will be placed in lined, underground storage pits. Some residents have objected to the underground storage, and fear the cells may leak and contaminate the ground water.
But Ellis said the plant has reached agreements with the Oklahoma Attorney General and the Cherokee Nation on the cells, and both have withdrawn their litigation against Sequoyah Fuels.
Once the NRC is satisfied with the 13 minor issues, Ellis said, "Then we'll be ready to go."
But closing the plant will still take about 10 years, Ellis said. "It will take two to three years just to do the surface reclamation, and we also have to do the groundwater."
When the site has been decontaminated to the government's satisfaction, the U.S. Department of Energy will take over the site. "They will own the cell and the buffer zone around it," Ellis said. "I'm glad to say that things are finally moving."
But Sequoyah Fuels faces another hurdle - the contested amount in ad valorem taxes, which is now about $1.8 million. Sequoyah Fuels has paid ad valorem taxes on the plant and equipment, but has protested the amount, claiming the contaminated portions of the plant and equipment are not worth as much as before contamination. Because of the protest, the taxes have been placed in escrow in local banks.
The county disagrees about the worth of the property and equipment, and the disagreement has been through county and state courts several times. Judge John Garrett ruled in the county's favor, but that judgement was overturned by the state appeals court in March, and ordered the case be tried on the district court level again. The county has taken the appeals court decision to the State Supreme Court, but Ellis said he doubts the State Supreme Court will consent to hearing the case.
