[Federal Register: August 13, 2004 (Volume 69, Number 156)]
[Notices]               
[Page 50180-50181]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13au04-60]                         

-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

 
Amended Record of Decision for the Department of Energy's Final 
Programmatic Environmental Impact Statement for Accomplishing Expanded 
Civilian Nuclear Energy Research and Development and Isotope Production 
Missions in the United States, Including the Role of the Fast Flux Test 
Facility, DOE/EIS-0310

AGENCY: Department of Energy.

ACTION: Amended record of decision.

-----------------------------------------------------------------------

SUMMARY: The Department of Energy (DOE), pursuant to 10 CFR 1021.315, 
its implementing regulations under the National Environmental Policy 
Act (NEPA), is amending its Record of Decision (ROD) (66 FR 7877, 
January 26, 2001) for its Final Programmatic Environmental Impact 
Statement for Accomplishing Expanded Civilian Nuclear Energy Research 
and Development and Isotope Production Missions in the United States, 
Including the Role of the Fast Flux Test Facility (Nuclear 
Infrastructure (NI) PEIS). DOE had decided to transport neptunium-237 
(Np-237), after conversion to neptunium oxide (NpO2), from 
DOE's Savannah River Site (SRS) to the Radiochemical Engineering 
Development Center (REDC) at the Oak Ridge National Laboratory (ORNL) 
for use in production of plutonium-238 in the future. Np-237 is 
categorized as special nuclear material (SNM). After the September 11, 
2001, terrorist attack, storage of all SNM requires additional security 
and safeguards. Since REDC does not meet security requirements for 
storage of SNM, it would require costly security upgrades to qualify 
for safe storage of NpO2. DOE's Argonne National Laboratory-
West (ANL-W) site, located in Idaho, meets the security requirements 
for storage of SNM, currently stores such materials, and has the 
storage space available for storage of NpO2.
    DOE prepared a Supplement Analysis (SA) for the NI PEIS for the 
change of storage location of NpO2 from REDC to ANL-W (DOE/
EIS-0310-SA-01) to determine whether further NEPA review is required. 
DOE has determined that no additional NEPA review is necessary because 
the relocation and change in storage location does not constitute a 
substantial change in the original proposed action, and the impacts 
analyzed in the NI PEIS bound the impacts of transfer to and storage at 
the new proposed storage location. Therefore, DOE has decided to change 
its decision on the storage location for NpO2 from REDC to 
ANL-W.

FOR FURTHER INFORMATION CONTACT: For further information on this 
project or to receive copies of the SA, initial ROD, or this Amended 
ROD contact: Dr. Rajendra Sharma, U.S. Department of Energy, Office of 
Nuclear Energy, Science and Technology, 19901 Germantown Road, 
Germantown, Maryland 20874, telephone (301) 903-2899, fax (301) 903-
5005, e-mail: Rajendra.Sharma@nuclear.energy.gov. For general 
information on the DOE NEPA process, contact Ms. Carol M. Borgstrom, 
Director, Office of NEPA Policy and Compliance, EH-42/Forrestal 
Building, U.S. Department of Energy, 1000 Independence Avenue, SW., 
Washington, DC 20585-0119, telephone (202) 586-4600 or leave a message 
at (800) 472-2756.

SUPPLEMENTARY INFORMATION:

Background

    The SRS has the remaining domestic inventory of recovered Np-237 
which is no longer useable at that site because production of Pu-238 is 
no longer possible since the reactors have been shutdown. To support 
the future production of Pu-238 for the National Aeronautics and Space 
Administration (NASA) and national security missions, DOE must convert 
this material to neptunium oxide (NpO2), a stable form, that 
can be safely stored and used later to produce Pu-238. The 
NpO2 also needs to be relocated and stored at a site that 
meets the security requirements for storage of SNM (Np-237 is 
categorized as SNM) and is readily available for production of Pu-238. 
After analyzing various alternatives, DOE originally selected REDC, 
located at ORNL, for storage of NpO2. However, REDC no 
longer meets the security requirements for storage of SNM and would 
have to incur costly upgrades to comply with such requirements. ANL-W 
site in Idaho already stores SNM and meets the enhanced security 
requirements for storage of SNM.
    The proposed plan calls for the shipment of approximately 70 drums 
containing small cans of NpO2 to ANL-W beginning in FY 2004 
and ending in FY 2006. For shipment from SRS, one to three (depending 
on mass of neptunium, no more than 6 kg) crimp-sealed can(s) of 
NpO2 will be placed inside a 35-gallon shipping drum. The 
drums will be transported to ANL-W where the material will be stored 
until needed for Pu-238 production.

Basis for Decision

    DOE has prepared a SA (DOE/EIS-0310-SA-01) in accordance with the 
Council on Environmental Quality (CEQ) and DOE regulations

[[Page 50181]]

implementing NEPA. CEQ regulations at title 40, section 1502.9(c) of 
the Code of Federal Regulations (40 CFR 1502.9(c)) require Federal 
agencies to prepare a supplement to an EIS when an agency makes 
substantial changes in the proposed action that are relevant to 
environmental concerns or there are significant new circumstances or 
information relevant to environmental concerns and bearing on the 
proposed action or its impacts. DOE regulations at 10 CFR 1021.314(c) 
direct that when it is unclear whether a supplement to an EIS is 
required, an SA be prepared to determine whether an EIS should be 
supplemented; a new EIS should be prepared; or no further NEPA 
documentation is required. The SA analyzed whether this transportation 
and storage (change of NpO2 storage location from ORNL to 
ANL-W) is substantially relevant to environmental concerns and whether 
a supplement to the NI PEIS should be prepared. The environmental 
impacts of shipment of NpO2 from SRS were analyzed in the NI 
PEIS for several storage locations including FDPF and CPP-651 storage 
vault at the Idaho National Engineering and Environmental Laboratory 
(INEEL). The ANL-W site is in close proximity of FDPF and CPP-651. The 
transportation route and distance from SRS to ANL-W is virtually 
identical to FDPF/CPP-651. Because the impacts of shipment to and 
storage at FDPF/CPP-651 at INEEL were analyzed in the NI PEIS, the 
impacts for shipment to and storage at ANL-W are expected to be 
virtually the same. In addition, ANL-W currently stores SNM and meets 
the security requirements for storage of SNM. This change of storage 
location for NpO2 would obviate the need for costly security 
upgrades at ORNL.

Decision

    On the basis of the SA and the analyses conducted in NI PEIS, DOE 
has determined that the proposed change in storage location of 
NpO2 from REDC to ANL-W would not require further review 
under NEPA. The impacts due to relocation and storage of 
NpO2 would be no greater than those assessed in the NI PEIS.
    DOE is issuing this amendment to the original ROD to announce the 
change of storage location for NpO2 from REDC to ANL-W.

    Issued in Washington, DC, August 5, 2004.
William D. Magwood, IV,
Director, Office of Nuclear Energy, Science and Technology.
[FR Doc. 04-18534 Filed 8-12-04; 8:45 am]

BILLING CODE 6450-01-P