[Federal Register: May 11, 2005 (Volume 70, Number 90)]
[Notices]
[Page 24775-24778]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11my05-33]
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DEPARTMENT OF ENERGY
Advance Notice of Intent To Prepare an Environmental Impact
Statement for the Disposal of Greater-Than-Class-C Low-Level
Radioactive Waste
AGENCY: Department of Energy.
ACTION: Advance notice of intent.
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SUMMARY: The U.S. Department of Energy (DOE) is providing advance
notice of its intent to prepare an Environmental Impact Statement (EIS)
under the National Environmental Policy Act (NEPA) on the disposal of
Greater-Than-Class-C (GTCC) low-level radioactive waste (LLW) generated
by activities licensed by the Nuclear Regulatory Commission (NRC). The
primary purpose of this EIS is to address the disposal of wastes with
concentrations greater than Class C, as defined in NRC regulations at
10 CFR part 61, resulting from NRC or Agreement State licensed
activities (hereafter referred to as NRC licensed activities). DOE also
plans to review its waste inventories with a view toward including
those wastes with characteristics similar to GTCC waste and which
otherwise do not have a path to disposal in the scope of the EIS, as
appropriate. DOE intends that this EIS will enable DOE to select any
new or existing disposal locations, facilities, and methods for
disposal of GTCC LLW and DOE waste with similar characteristics.
The Low-Level Radioactive Waste Policy Amendments Act of 1985
(LLRWPAA) assigned to the Federal Government responsibility for the
disposal of GTCC radioactive waste. This EIS will evaluate alternative
locations and methods for disposal of these wastes. Potential disposal
locations include deep geologic disposal facilities; existing LLW
disposal facilities, both commercial and DOE; and new facilities at DOE
or other government sites, or on private land. Methods to be considered
include deep geologic disposal, greater confinement disposal
configurations, and enhanced near-surface disposal facilities.
DOE is issuing this Advance Notice of Intent (ANOI), pursuant to 10
CFR 1021.311(b), in order to inform, and request early comments from,
the public and interested agencies about the proposed action, the
preliminary range of alternatives, and the potential issues related to
DOE's decisions for this category of waste. Following the issuance of
this ANOI, DOE intends to conduct further activities to collect updated
information from licensees and DOE sites on waste characteristics and
projections to support the EIS analysis. As part of that effort, DOE
may seek assistance from industry trade associations, Agreement States,
NRC, and other appropriate entities. DOE intends to invite the NRC and
the Environmental Protection Agency to participate as cooperating
agencies in the preparation of this EIS.
DATES: Comments on this ANOI are due June 10, 2005. DOE will consider
comments received after June 10, 2005 to the extent practicable. DOE
plans to issue a Notice of Intent (NOI) for this EIS in the fall of
2005. The NOI will propose a range of reasonable alternatives for
disposal methods and locations. After the NOI is issued, DOE will
conduct public scoping meetings to assist in further defining the scope
of the EIS and to identify significant issues to be addressed. The
dates and locations of all scoping meetings will be announced in the
NOI, subsequent Federal Register notices, and in local media.
ADDRESSES: Please direct comments or suggestions on the scope of the
EIS and questions concerning the proposed project to: James Joyce,
Document Manager, Office of Federal Disposition Options (EM-13), U.S.
Department of Energy, 1000 Independence Avenue, SW., Washington, DC
20585-0119, Telephone (301) 903-2151, Fax: 301-903-3877, E-mail to:
james.joyce@em.doe.gov (use ``ANOI Comments'' for the subject).
FOR FURTHER INFORMATION CONTACT: To request further information about
this EIS, the public scoping meetings, or to be placed on the EIS
distribution list, use any of the methods listed under ADDRESSES above.
For general information concerning the DOE National Environmental
Policy Act (NEPA) process, contact: Carol Borgstrom, Director, Office
of NEPA Policy and Compliance (EH-42), U.S. Department of Energy, 1000
Independence Avenue, SW., Washington, DC 20585-0119, Telephone: 202-
586-4600, or leave a message at 1-800-472-2756, Fax: 202-586-7031.
[[Page 24776]]
This Advance Notice of Intent will be available on the Internet at
http://www.eh.doe.gov/nepa.
SUPPLEMENTARY INFORMATION:
Background
GTCC waste is LLW generated by NRC licensed facilities with
concentrations of radionuclides which exceed the limits established by
the NRC for Class C radioactive waste, as defined by 10 CFR 61.55. The
NRC defines LLW classes as A, B and C by the concentration of specific
short- and long-lived radionuclides, with Class C having the highest
concentration limits (see 10 CFR part 61, ``Licensing Requirements for
Land Disposal of Radioactive Waste'').
Section 3(b)(1)(D) of the LLRWPAA assigns to the Federal Government
responsibility for the disposal of certain GTCC radioactive waste
generated by NRC licensees, which is not owned or generated by DOE, by
the United States Navy from decommissioning vessels, or by certain
other federal activities. The LLRWPAA also specifies that GTCC LLW,
which is designated a federal responsibility by subparagraph (b)(1)(D)
of the Act, be disposed of in a facility licensed by the NRC that the
NRC determines is adequate to protect public health and safety. The
LLRWPAA further states that the Secretary of Energy shall issue a
report recommending safe disposal options for such wastes. DOE issued
such a report in 1987. The report can be obtained by contacting the
Document Manager listed under ADDRESSES above.
GTCC LLW occurs in three forms, as discussed in the following
sections and summarized in Table 1. The information in Table 1 on waste
volumes and characteristics is based on reports that are approximately
10 years old and, therefore, may no longer be accurate. Accordingly,
DOE plans to conduct activities to update this information following
the issuance of this ANOI. The reports identified below can be obtained
by contacting the Document Manager listed under ADDRESSES above.
1. Sealed Sources
Sealed sources contain radionuclides in concentrated, relatively
small, encapsulated packages. These sources are widely used in
medicine, agriculture, research and industry. DOE funded a study by the
Idaho National Engineering Laboratory (Characterization of Greater-
Than-Class-C Sealed Sources, Volumes 1, 2, and 3, DOE/LLW-163 [Idaho
Falls, Idaho: Sept. 1994]), which estimated there are about 250,000
GTCC sealed sources in the United States.
In the past, NRC has approached DOE regarding the disposition of
unwanted sealed sources that present security or safety and health
concerns due to existing storage conditions. As a result of these
concerns, DOE has been recovering domestic sealed sources since 1992.
This effort has focused on those sources that were determined to pose
the highest risk, resulting in recovery, transfer of title and
possession to DOE, and secure interim storage by DOE of approximately
10,000 GTCC sealed sources. To date, no disposal path for many of these
sealed sources has been identified. The September 11, 2001, terrorist
events and subsequent potential threats have heightened concerns that
individuals or organizations could gain possession of these sources and
use them as the radionuclide source to make a Radiological Dispersal
Device (also known as a ``dirty bomb''). According to a DOE-funded
study by the Idaho National Engineering Laboratory (Greater-Than-Class
C Low-Level Radioactive Waste Characterization: Estimated Volumes,
Radionuclides and Other Characteristics, DOE/LLW-114, Revision 1 [Idaho
Falls, Idaho: Sept. 1994]), the expected volume of sealed sources
requiring disposal through 2035 is estimated to be as high as 1,913
cubic meters (packaged volume).
2. GTCC-Activated Metals
There are over 100 operating nuclear power plants and approximately
20 non-operating power plants in various phases of decommissioning
across the United States. As a result of reactor operations, portions
of the reactor barrel and other stainless steel components near the
fuel assemblies become highly activated by the neutron flux. The
majority of this waste is generated when nuclear power plants are
decommissioned, although some may result from maintenance activities
performed before decommissioning. Many of these nuclear power plants
are applying for and receiving license extensions from NRC. Therefore,
much of this waste will be generated in the future. According to DOE/
LLW-114, Revision 1, nuclear utilities will generate an estimated 864
to 5,960 cubic meters (packaged volumes) of GTCC-activated metal LLW
through 2055.
3. Other GTCC LLW
The third form of GTCC LLW consists of material such as nuclear
power plant resin, filter media and general laboratory waste (glove
boxes, gloves, wipes, smoke detectors), job wastes or other like debris
from NRC-licensed fuel fabrication, fuel testing, and research
laboratories. Nuclear utilities will generate an estimated 167 to 866
cubic meters of such waste through the year 2035 (DOE/LLW-114, Revision
1).
In addition, DOE manages waste with radionuclide concentrations
similar to GTCC LLW. Under the Atomic Energy Act of 1954, as amended
(AEA), DOE has the authority to regulate the management of the
radioactive hazard of its wastes; therefore, DOE does not use the 10
CFR part 61 classification system, and most DOE wastes are not
generated by NRC-licensed activities. Some of these DOE wastes are very
similar to GTCC waste in that they are low-level wastes with
concentrations greater than Class C and currently do not have an
identified path for disposal. Much of the DOE waste that is similar to
GTCC waste is generated by AEA defense activities.
Table 1.--Summary of Wastes Being Considered for Inclusion in the Scope
of the Planned Environmental Impact Statement Addressing Long-term
Disposition of Greater Than Class C Waste
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Waste form Primary source Volume and activity*
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Sealed Sources.............. Primarily medical, Total estimate
industrial, and through 2035 is up
scientific sources to 1,913 cubic
containing long- meters, with a
half-life nuclides total activity
(e.g. americium, industrial, and
plutonium) and high scientific sources
activity sources of approximately
with shorter half- 4,040,000 curies.
lives such as
cesium-137, and
strontium-90.
Activated Metal............. Primarily from more As decommissioning
than 100 nuclear of reactors
power currently proceeds over time,
operating, and it is estimated
decommissioning that GTCC activated
activities at 24 metal will amount
plants. to about 864 plants
to 5,960 cubic
meters, containing
38 to 102 million
curies through year
2055.
Other Waste................. Assortment of wastes It is estimated that
such as glove the quantity of non-
boxes, fuel DOE waste in this
fabrication category will
equipment, and amount to about 167
trash resulting to 866 cubic
from source meters, containing
manufacture, 6,962 to 19,707
research, utility, curies through
medical, 2035.
agricultural and
industrial sources.
[[Page 24777]]
DOE Waste................... DOE also plans to DOE plans to develop
review its waste an inventory,
inventories with a including volume
view toward and activity
including those estimates.
wastes with
characteristics
similar to GTCC
waste in the scope
of the EIS, as
appropriate.
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* Volume and activity estimates were obtained from DOE/LLW-114, Revision
1. All volume estimates are packaged volumes.
Purpose and Need for Action
DOE needs to identify the facilities and methods for disposing of
GTCC LLW and similar DOE waste. Pursuant to the LLRWPAA, the Federal
Government is responsible to provide disposal for GTCC LLW generated by
NRC licensees. DOE is also responsible for the disposal of its wastes
that are similar to GTCC waste. Currently, there are no facilities
available for disposal of GTCC waste. Until disposal capability becomes
available, the only option for managing GTCC LLW is to store it at its
current locations or to find a location that can receive the waste and
store it until a disposal facility is available to receive it.
Discussion
In the 1987 report to Congress that provided recommendations on the
disposal of GTCC LLW, the Secretary of Energy identified a number of
activities that could be undertaken regarding GTCC waste including
resolving regulatory uncertainties, addressing technical issues, and
taking steps to ensure that entities that generate GTCC LLW bear all
reasonable costs of waste disposal.
In 2002, the General Accounting Office (now called the Government
Accountability Office or GAO) conducted a review to determine the
number of unwanted sealed sources in the United States, to determine
the status of recovery efforts within DOE, to identify problems that
may exist regarding recovery efforts, and to determine the status of
DOE's efforts to provide a disposal facility for unwanted sealed
sources. The GAO prepared a report, Nuclear Nonproliferation-DOE Action
Needed to Ensure Continued Recovery of Unwanted Sealed Radioactive
Sources, GAO-03-483, recommending that DOE initiate the process to
develop a permanent disposal facility for GTCC LLW, and that it develop
a plan that would establish milestones for the process, evaluate
disposal options, estimate costs and address legislative, regulatory,
and licensing considerations. Although GAO focused its review on sealed
sources, DOE recognizes the LLRWPAA requirement that the Federal
Government is responsible for disposal of other types of GTCC LLW from
NRC-licensed activities. DOE also plans to review its waste inventories
with a view toward including those wastes with characteristics similar
to GTCC waste in the scope of the EIS, as appropriate.
Potential Range of Alternatives
DOE proposes to dispose of GTCC LLW in a manner that protects human
health and the environment. Accordingly, DOE intends to prepare an EIS
pursuant to NEPA that would evaluate reasonable alternatives for
disposal of these wastes. The scope of the EIS would include disposal
capacity that will be needed for (1) current and projected GTCC LLW
generated by NRC licensees that does not have a disposal pathway, and
(2) DOE wastes with characteristics similar to GTCC waste identified
for inclusion in the EIS based on DOE's inventory review.
Alternatives to be considered include disposal in new or existing
DOE or commercial facilities, including greater confinement disposal
configurations, geologic disposal, or enhanced near-surface disposal
facilities. The varied forms of GTCC LLW may make multiple locations
and disposal methods desirable, and this EIS would evaluate such
options.
New facilities that could offer greater confinement disposal would
include capabilities such as boreholes, intermediate depth disposal,
and other specially designed facilities. DOE would also consider which
types of GTCC LLW could be safely disposed of in existing commercial
LLW disposal facilities and DOE disposal facilities. The potential
environmental impacts of using both existing and new facilities owned
and operated by DOE as well as existing and new facilities owned and
operated by commercial licensees would be considered. DOE would
evaluate whether all waste types can or should be disposed of in the
same facility or whether different waste types would best be disposed
of in different facilities. DOE would also consider quantities and time
periods when wastes would require disposal and alternative modes of
disposal.
Invitation to Comment
DOE invites the public to provide early assistance in identifying
the scope and environmental issues to be analyzed in the forthcoming
GTCC LLW disposal EIS. DOE will consider public comments and other
relevant information in developing a Notice of Intent for publication
in the Federal Register.
Following issuance of this ANOI, DOE will initiate activities to
update information about the GTCC waste types and quantities in need of
disposition. DOE will use this information to update the data to be
analyzed in the EIS.
Preliminary Identification of Programmatic Issues
DOE plans to consider the issues listed below in its analysis of
the potential impacts of alternatives for the disposal of GTCC LLW. DOE
invites comment from Federal agencies, Native American tribes, state
and local governments, licensees of sealed sources and other GTCC LLW,
and the public on these and any other issues that should be considered
in the EIS:
Identifying the best means to obtain an accurate inventory
of potential GTTC LLW and DOE waste with similar characteristics
including the source, volume, concentrations, and other relevant
characteristics.
Determining the logistics for waste characterization,
inventory, transportation, treatment, interim storage and permanent
disposal.
Evaluating mechanisms and scenarios under which GTCC waste
could be safely disposed of in existing and/or new LLW disposal
facilities.
Identifying and proposing resolution for issues associated
with the chemical constituents in the GTCC LLW that may be regulated
under the Resource Conservation and Recovery Act (RCRA).
Identifying options for ensuring that the beneficiaries of
the activities resulting in the generation of GTCC LLW bear all
reasonable cost of disposing of such waste.
Identifying DOE wastes that are appropriate for inclusion
in the EIS.
[[Page 24778]]
Potential Environmental Issues for Analysis
The DOE has tentatively identified the following environmental
issues for analysis in the GTCC EIS. The list is presented to
facilitate early comment on the scope of the EIS; it is not intended to
be comprehensive nor to predetermine the alternatives to be analyzed or
their potential impacts.
Potential impacts to the general population and workers
from radiological and non-radiological releases.
Potential impacts, including air and water quality
impacts.
Potential transportation impacts from the shipment of GTCC
radioactive waste to a disposal site.
Potential impacts from postulated accidents.
Potential disproportionately high and adverse effects on
low-income and minority populations (environmental justice).
Potential Native American concerns.
Irretrievable and irreversible commitment of resources.
Short-term and long-term land use impacts.
Compliance with applicable Federal, state, and local
requirements.
Long-term site health and environmental impacts, including
potential impacts on groundwater quality.
Long-term site suitability, including erosion and
seismicity.
EIS Process
DOE plans to issue the NOI in the fall of calendar year 2005, which
will be followed by a public scoping period. DOE will announce the
availability of the Draft EIS in the Federal Register and other media,
and will provide the public, organizations, and agencies with an
opportunity to submit comments. These comments will be considered and
addressed in the Final EIS. DOE will issue a Record of Decision no
sooner than 30 days after publication of the Environmental Protection
Agency's notice of availability of the Final EIS.
Issued in Washington, DC, on May 4, 2005.
C. Russell H. Shearer,
Acting Assistant Secretary for Environment, Safety and Health.
[FR Doc. 05-9397 Filed 5-10-05; 8:45 am]
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