Advance Notice of Intent To Prepare an Environmental Impact Statement for the Disposal of Greater-Than-Class-C Low-Level Radioactive Waste, 24775-24778 [05-9397]
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Federal Register / Vol. 70, No. 90 / Wednesday, May 11, 2005 / Notices
reinstatement; (2) Title; (3) Summary of
the collection; (4) Description of the
need for, and proposed use of, the
information; (5) Respondents and
frequency of collection; and (6)
Reporting and/or Recordkeeping
burden. OMB invites public comment.
The Department of Education is
especially interested in public comment
addressing the following issues: (1) Is
this collection necessary to the proper
functions of the Department; (2) will
this information be processed and used
in a timely manner; (3) is the estimate
of burden accurate; (4) how might the
Department enhance the quality, utility,
and clarity of the information to be
collected; and (5) how might the
Department minimize the burden of this
collection on the respondents, including
through the use of information
technology.
Dated: May 5, 2005.
Angela C. Arrington,
Leader, Information Management Case
Services Team, Regulatory Information
Management Service, Office of the Chief
Information Officer.
Office of Elementary and Secondary
Education
Type of Review: New.
Title: Binational Migrant Education
Program (BMEP) State MEP Director
Survey.
Frequency: Annually.
Affected Public: State, Local, or Tribal
Gov’t, SEAs or LEAs.
Reporting and Recordkeeping Hour
Burden:
Responses: 52.
Burden Hours: 52.
Abstract: The survey collects
information from State Migrant
Education Programs (MEPs) on their
participation in the Binational Migrant
Education Program (BMEP) to serve
children who migrate between Mexico
and the U.S.
Requests for copies of the proposed
information collection request may be
accessed from https://edicsweb.ed.gov,
by selecting the ‘‘Browse Pending
Collections’’ link and by clicking on
link number 2755. When you access the
information collection, click on
‘‘Download Attachments’’ to view.
Written requests for information should
be addressed to U.S. Department of
Education, 400 Maryland Avenue, SW.,
Potomac Center, 9th Floor, Washington,
D.C. 20202–4700. Requests may also be
electronically mailed to the Internet
address OCIO_RIMG@ed.gov or faxed to
202–245–6621. Please specify the
complete title of the information
collection when making your request.
Comments regarding burden and/or
the collection activity requirements
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should be directed to Kathy Axt at her
e-mail address Kathy.Axt@ed.gov.
Individuals who use a
telecommunications device for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–
8339.
[FR Doc. 05–9334 Filed 5–10–05; 8:45 am]
BILLING CODE 4000–01–M
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
Department of Energy.
Advance notice of intent.
AGENCY:
ACTION:
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
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24775
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.
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.
DATES:
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).
ADDRESSES:
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.
FOR FURTHER INFORMATION CONTACT:
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Federal Register / Vol. 70, No. 90 / Wednesday, May 11, 2005 / Notices
This Advance Notice of Intent will be
available on the Internet at https://
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-ThanClass-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 GTCCactivated 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
Waste form
Primary source
Volume and activity*
Sealed Sources
Primarily medical, industrial, and scientific sources containing
long-half-life nuclides (e.g. americium, plutonium) and high
activity sources with shorter half-lives such as cesium-137,
and strontium-90.
Primarily from more than 100 nuclear power currently operating, and decommissioning activities at 24 plants.
Total estimate through 2035 is up to 1,913 cubic meters, with
a total activity industrial, and scientific sources of approximately 4,040,000 curies.
Activated Metal
Other Waste .....
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Assortment of wastes such as glove boxes, fuel fabrication
equipment, and trash resulting from source manufacture,
research, utility, medical, agricultural and industrial sources.
16:48 May 10, 2005
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As decommissioning of reactors proceeds over time, it is estimated that GTCC activated metal will amount to about 864
plants to 5,960 cubic meters, containing 38 to 102 million
curies through year 2055.
It is estimated that the quantity of non-DOE waste in this category will amount to about 167 to 866 cubic meters, containing 6,962 to 19,707 curies through 2035.
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Federal Register / Vol. 70, No. 90 / Wednesday, May 11, 2005 / Notices
24777
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—Continued
Waste form
Primary source
Volume and activity*
DOE Waste ......
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.
DOE plans to develop an inventory, including volume and activity estimates.
* 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
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requirement that the Federal
Government is responsible for disposal
of other types of GTCC LLW from NRClicensed 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 nearsurface 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.
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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.
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Federal Register / Vol. 70, No. 90 / Wednesday, May 11, 2005 / Notices
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]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Office of Fossil Energy; Methane
Hydrate Advisory Committee
AGENCY:
Department of Energy.
VerDate jul<14>2003
16:48 May 10, 2005
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ACTION:
Notice of open meeting.
This notice announces a meeting of
the Methane Hydrate Advisory
Committee. Federal Advisory
Committee Act (Pub. L. 92–463, 86 Stat.
770) requires that notice of these
meetings be announced in the Federal
Register.
DATES: Tuesday, June 7, 2005, 8 a.m. to
5 p.m., Wednesday, June 8, 2005, 8 a.m.
to noon.
ADDRESSES: Hotel Galvez, 2024 Seawall
Boulevard, Galveston, Texas 77550.
FOR FURTHER INFORMATION CONTACT:
Edith Allison, U.S. Department of
Energy, Office of Oil and Natural Gas,
Washington, DC 20585. Phone: 202–
586–1023.
SUPPLEMENTARY INFORMATION: Purpose of
the Committee: The purpose of the
Methane Hydrate Advisory Committee
is to provide advice on potential
applications of methane hydrate to the
Secretary of Energy; assist in developing
recommendations and priorities for the
Department of Energy methane hydrate
research and development program.
Tentative Agenda:
Tuesday, June 7
• Welcome and Introductions
• Joint meeting with the Interagency
Coordinating Committee—8:15 a.m. to
12:30 p.m. Briefings on recent
accomplishments, planned activities,
issues and concerns by the Department
of Energy; U.S. Geological Survey;
Minerals Management Service; National
Oceanic and Atmospheric
Administration; Naval Research
Laboratory; and National Science
Foundation. Discussion of major
interagency issues, including activities
with other nations, FY2006 budgets, and
reauthorization
• Offshore Studies Update
• Arctic Studies Update
• Open Discussion: future program
directions
Wednesday, June 8
• Changes in Advisory Committee
structure: reauthorization, requirement
for Committee members to be ‘‘special
Government employees’’
• Continue open discussion of future
program directions and preparation of
letter to the Secretary
• Adjourn
Public Participation: The meeting is
open to the public. The Chairman of the
Committee will conduct the meeting to
facilitate the orderly conduct of
business. If you would like to file a
written statement with the Committee,
you may do so either before or after the
meeting. If you would like to make oral
PO 00000
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statements regarding any of the items on
the agenda, you should contact Edith
Allison at the address or telephone
number listed above. You must make
your request for an oral statement at
least five business days prior to the
meeting, and reasonable provisions will
be made to include the presentation on
the agenda. Public comment will follow
the 10-minute rule.
Minutes: The minutes of this meeting
will be available for public review and
copying within 60 days at the Freedom
of Information Public Reading Room,
Room 1E–190, Forrestal Building, 1000
Independence Avenue, SW.,
Washington, DC, between 9 a.m. and 4
p.m., Monday through Friday, except
federal holidays. Transcripts will be
available upon request.
Issued at Washington, DC, on May 4, 2005.
Rachel M. Samuel,
Deputy Advisory Committee, Management
Officer.
[FR Doc. 05–9396 Filed 5–10–05; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. EG05–62–000, et al.]
Wolverine Creek Goshen
Interconnection LLC; Electric Rate and
Corporate Filings
May 4, 2005.
The following filings have been made
with the Commission. The filings are
listed in ascending order within each
docket classification.
1. Wolverine Creek Goshen
Interconnection, LLC
[Docket No. EG05–62–000]
Take notice that on April 29, 2005,
Wolverine Creek Goshen
Interconnection LLC (WCGI) filed with
the Federal Energy Regulatory
Commission an application for
determination of exempt wholesale
generator status pursuant to part 365 of
the Commission’s regulations.
WCGI states it is a Delaware limited
liability company that will own and
operate an interconnection transmission
line that will be necessary to connect
the wholesale generating facilities that
will be owned by its owners companies
(i.e., Wolverine Creek Energy LLC and
Ridgeline Airtricity Energy, LLC) to the
PacifiCorp transmission system. WCGI
further states that the interconnection
line will be used by WCGI to transport
to the PacifiCorp system the power
E:\FR\FM\11MYN1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 90 (Wednesday, May 11, 2005)]
[Notices]
[Pages 24775-24778]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-9397]
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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.
-----------------------------------------------------------------------
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
https://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
------------------------------------------------------------------------
Waste form Primary source Volume and activity*
------------------------------------------------------------------------
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.
------------------------------------------------------------------------
* 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]
BILLING CODE 6450-01-P
