Notice of Intent To Prepare a Supplemental Environmental Impact Statement for Surplus Plutonium Disposition at the Savannah River Site, 14543-14546 [E7-5591]

Download as PDF sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 72, No. 59 / Wednesday, March 28, 2007 / Notices Relations or Ms. Julie J. Johnson, Assistant Director, Advisory Committee or Student Financial Assistance, Capitol Place, 80 F Street, NW., Suite 413, Washington, DC 20202–7582, (202) 219– 2099. SUPPLEMENTARY INFORMATION: The Advisory Committee on Student Financial Assistance is established under Section 491 of the Higher Education Act of 1965 as amended by Public Law 100–50 (20 U.S.C. 1098). The Advisory Committee serves as an independent source of advice and counsel to the Congress and the Secretary of Education on student financial aid policy. Since its inception, the congressional mandate requires the Advisory Committee to conduct objective, nonpartisan, and independent analyses on important aspects of the student assistance programs under Title IV of the Higher Education Act, and to make recommendations that will result in the maintenance of access to postsecondary education for low- and middle-income students. In addition, Congress expanded the Advisory Committee’s mission in the Higher Education Amendments of 1998 to include several important areas: access, Title IV modernization, distance education, and early information and needs assessment. Specifically, the Advisory Committee is to review, monitor and evaluate the Department of Education’s progress in these areas and report recommended improvements to Congress and the Secretary. The Advisory Committee has scheduled the hearing on Friday, April 13 in Portland, Oregon to conduct activities related to its congressionally requested study to make textbooks more affordable (Textbook Study). This oneyear study, which was requested by the U.S. House of Representative Committee on Education and Labor (formerly Education and the Workforce), will investigate further the problem of rising textbook prices; determine the impact of rising textbook prices on students’ ability to afford a postsecondary education; and make recommendations to Congress, the Secretary, and other stakeholders on what can be done to make textbooks more affordable for students. Over the course of the study, the Committee will conduct three field hearings that will include testimony from stakeholders around the country who are currently working to make textbooks more affordable for students. The proposed agenda includes expert testimony and discussions by prominent higher education community leaders, state representatives, and institutions that will share what they are doing to VerDate Aug<31>2005 17:09 Mar 27, 2007 Jkt 211001 make textbooks more affordable for students. The Advisory Committee will also conduct a public comment and discussion session. The Advisory Committee invites the public to submit written comments on the Textbook Study to the following email address: ACSFA@ed.gov. Information regarding the Textbook Study will also be available on the Advisory Committee’s Web site, https:// www.ed.gov/ACSFA. To be included in the hearing materials, we must receive your comments on or before Thursday, April 5, 2007; additional comments should be provided to the Committee no later than May 7, 2007. Space for the hearing is limited and you are encouraged to register early if you plan to attend. You may register by sending an e-mail to the following address: ACSFA@ed.gov or Tracy.Deanna.Jones@ed.gov. Please include your name, title, affiliation, complete address (including Internet and e-mail address, if available), and telephone and fax numbers. If you are unable to register electronically, you may fax your registration information to the Advisory Committee staff office at (202) 219–3032. You may also contact the Advisory Committee staff directly at (202) 219–2099. The registration deadline is Friday, April 6, 2007. Records are kept for Advisory Committee proceedings, and are available for inspection at the Office of the Advisory Committee on Student Financial Assistance, Capitol Place, 80 F Street, NW.,—Suite 413, Washington, DC from the hours of 9 a.m. to 5:30 p.m. Monday through Friday, except Federal holidays. Information regarding the Advisory Committee is available on the Committee’s Web site, https:// www.ed.gov/ACSFA. Dated: March 22, 2007. Dr. William J. Goggin, Executive Director, Advisory Committee on Student Financial Assistance. [FR Doc. 07–1490 Filed 3–27–07; 8:45 am] BILLING CODE 4001–01–M DEPARTMENT OF ENERGY Notice of Intent To Prepare a Supplemental Environmental Impact Statement for Surplus Plutonium Disposition at the Savannah River Site Department of Energy. Notice of Intent. AGENCY: ACTION: SUMMARY: The U.S. Department of Energy (DOE) intends to prepare a Supplemental Environmental Impact Statement (SEIS) to evaluate the potential environmental impacts of PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 14543 plutonium disposition capabilities that would be constructed and operated at the Savannah River Site (SRS) near Aiken, South Carolina. DOE completed the Surplus Plutonium Disposition (SPD) EIS (DOE/EIS–0283) in November 1999, and on January 11, 2000, published a Record of Decision (ROD) in the Federal Register (65 FR 1608). DOE decided to dispose of approximately 17 metric tons of plutonium surplus to the nation’s defense needs using an immobilization process and up to 33 metric tons by using the surplus plutonium as feedstock in the fabrication of mixed oxide (MOX) fuel to be irradiated in commercial reactors. DOE selected the SRS as the site for all surplus plutonium disposition facilities. Subsequently, DOE cancelled the immobilization portion of its disposition strategy due to budgetary constraints (ROD, 67 FR 19432, April 19, 2002). The selection of the SRS as the location for disposition facilities for up to 50 metric tons of surplus plutonium remains unchanged. Site preparation for the MOX Fuel Fabrication Facility at the SRS began in November 2005. The 2002 decision left DOE with about 13 metric tons of surplus plutonium that does not have a defined path to disposition (about 4 metric tons of the 17 metric tons originally considered for immobilization has been designated for programmatic use). DOE has been investigating alternative disposition technologies and will now prepare an SEIS for Surplus Plutonium Disposition at the SRS (DOE/EIS–0283– S2) to evaluate the potential environmental impacts of those alternatives. DOE’s preferred alternative is to construct and operate a vitrification facility within an existing building at the SRS. This facility would immobilize plutonium within a lanthanide borosilicate glass inside stainless steel cans. The cans then would be placed within larger canisters to be filled with vitrified high-level radioactive waste in the Defense Waste Processing Facility (DWPF) at the SRS. The canisters would be suitable for disposal in a geologic repository. DOE also would prepare some of the surplus plutonium for disposal by processing it in the HCanyon at the SRS, then sending it to the high-level waste tanks and DWPF. DOE seeks to take this action to reduce the threat of nuclear weapons proliferation worldwide by disposing of surplus plutonium in the United States in a safe and environmentally sound manner. The preferred vitrification technology, along with processing in HCanyon, would fulfill this need for E:\FR\FM\28MRN1.SGM 28MRN1 sroberts on PROD1PC70 with NOTICES 14544 Federal Register / Vol. 72, No. 59 / Wednesday, March 28, 2007 / Notices disposition of surplus plutonium materials that are not planned for disposition via fabrication into MOX fuel. DATES: DOE invites Federal agencies, state and local governments, Native American tribes, industry, other organizations, and members of the public to submit comments to assist in identifying environmental issues and in determining the appropriate scope of the SEIS. The public scoping period starts with the publication of this notice in the Federal Register and will continue until May 29, 2007. Comments received after this date will be considered to the extent practicable. Also, DOE requests Federal, State, and local agencies that desire to be designated as cooperating agencies on the SEIS to contact the NEPA Document Manager at the addresses listed under ADDRESSES by the end of the scoping period. DOE will hold two public scoping meetings: • April 17, 2007 (5:30 p.m.–10 p.m.) at Newberry Hall, 117 Newberry Street, SW., Aiken, SC. • April 19, 2007 (5:30 p.m.–10 p.m.) at the Columbia Marriott Hotel, 1200 Hampton Street, Columbia, SC. DOE officials will be available to answer questions about plutonium disposition and the proposed alternatives at both locations beginning at 5:30 p.m. DOE will provide a brief presentation on the SEIS, then, beginning about 6:30 p.m., accept public comments on the scope of the SEIS. ADDRESSES: Comments or questions regarding the scoping process, requests to be placed on the SEIS distribution list, and comments on the scope of the SEIS should be addressed to Mr. Andrew R. Grainger, NEPA Document Manager, Savannah River Operations Office, P.O. Box B, Aiken, SC 29802; toll-free telephone 1–800–881–7292; fax 803–952–7065; or e-mail drew.grainger@srs.gov. For general information concerning the DOE NEPA process, contact: Carol Borgstrom, Director, Office of NEPA Policy and Compliance (GC–20), U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585–0103; telephone 202–586–4600, or leave a message at 1– 800–472–2756; fax 202–586–7031; or send an e-mail to askNEPA@eh.doe.gov. This NOI will be available on the Internet at https://www.eh.doe.gov/nepa. SUPPLEMENTARY INFORMATION: of the nation. At that time, plutonium materials were in various forms and various stages of the material manufacturing and weapons fabrication processes and were located at several weapons complex sites that DOE had operated in the preceding decades. DOE began the process of placing these materials in safe, stable configurations for storage until disposition strategies could be developed and implemented. In the Storage and Disposition of Weapons-Usable Fissile Materials Programmatic EIS (Storage and Disposition PEIS, DOE/EIS–0229, December 1996), DOE evaluated six candidate sites for siting plutonium disposition facilities and three categories of disposition technologies that would convert surplus plutonium into a form that would meet the Spent Fuel Standard.1 The three categories were: Deep Borehole Category (two options); Immobilization Category (three options: vitrification, ceramic immobilization, electrometallurgical treatment); and Reactor Category (four options). DOE also analyzed a No Action Alternative. DOE selected a dualpath strategy for disposition involving immobilization of surplus plutonium in glass or ceramic material for disposal in a geologic repository, and burning other surplus plutonium as MOX fuel in existing domestic commercial reactor(s) with subsequent disposal of the spent fuel in a geologic repository (ROD, 62 FR 3014, January 21, 1997). DOE also decided that an immobilization facility would be located at Hanford in Washington or at the SRS. In November 1999, DOE issued the Surplus Plutonium Disposition EIS. The SPD EIS tiered from the Storage and Disposition PEIS and included an analysis of alternative technologies and sites to implement the dual-path plutonium disposition strategy. In January 2000, DOE decided to construct and operate a MOX Fuel Fabrication Facility at the SRS to use up to 33 metric tons of surplus plutonium to fabricate MOX fuel and to construct and operate a new immobilization facility at the SRS (referred to as the Plutonium Immobilization Plant) using the ceramic can-in-canister technology allowing for the immobilization of approximately 17 metric tons of surplus plutonium (ROD, 65 FR 1608, January 11, 2000). Using this technology, DOE would immobilize plutonium in a ceramic form, seal it in cans, and place the cans in canisters filled with borosilicate glass containing Background After the end of the Cold War, the United States declared 50 metric tons of plutonium surplus to the defense needs 1 Under that standard, the surplus weaponsusable plutonium should be made as inaccessible and unattractive for weapons use as the much larger and growing quantity of plutonium that exists in spent nuclear fuel from commercial power reactors. VerDate Aug<31>2005 17:09 Mar 27, 2007 Jkt 211001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 intensely radioactive high-level waste at the existing DWPF. DOE stated that the can-in-canister approach would complement existing site missions, take advantage of existing infrastructure and staff expertise, and enable DOE to use an existing facility, DWPF. In 2002, DOE cancelled the immobilization portion of the plutonium disposition strategy (ROD, 67 FR 19432, April 19, 2002). The selection of the SRS as the location for disposition facilities for up to 50 metric tons of surplus plutonium remains unchanged. In November 2005, DOE began site preparation at SRS for the MOX Fuel Fabrication Facility. For purposes of this NEPA analysis, DOE will assume that the surplus plutonium to be disposed of will include some of the plutonium already stored at the SRS and some that DOE could move to the SRS from other sites (e.g., Hanford in Washington, Los Alamos National Laboratory in New Mexico, and Lawrence Livermore National Laboratory in California). DOE previously evaluated the transfer and storage of surplus plutonium from other sites in the Storage and Disposition PEIS and the SPD EIS. In addition, DOE will analyze the potential environmental impacts of these proposed shipments to, and subsequent storage in, the K-Area at the SRS in a supplement analysis (pursuant to 10 CFR 1021.314(c)). Upon completion of the supplement analysis, DOE will determine whether to issue an Amended ROD or conduct additional NEPA review, as appropriate. As explained in a prior ROD, ‘‘in addition to achieving the ultimate goal of permanent disposition of surplus plutonium materials, DOE independently needs to improve the configuration of the storage system for these materials, pending disposition’’ (67 FR 19433, April 19, 2002). In addition to completing appropriate environmental reviews in compliance with NEPA, prior to shipping surplus weapons-usable plutonium to the SRS that would have been disposed of in the Plutonium Immobilization Plant, DOE must comply with Section 3155, Disposition of Defense Plutonium at the Savannah River Site, of Public Law 107– 107, National Defense Authorization Act for Fiscal Year 2002. Section 3155(d) of this law requires that DOE prepare a plan that identifies a disposition path for such surplus plutonium. Purpose and Need for Action DOE’s purpose and need for proposing this immobilization process has not changed since the SPD EIS was prepared. DOE needs to reduce the threat of nuclear weapons proliferation E:\FR\FM\28MRN1.SGM 28MRN1 Federal Register / Vol. 72, No. 59 / Wednesday, March 28, 2007 / Notices sroberts on PROD1PC70 with NOTICES worldwide by disposing of surplus plutonium in the United States in a safe and environmentally sound manner. As stated in the ROD for the SPD EIS, DOE needs to ensure that plutonium produced for nuclear weapons and declared surplus to national security needs, now and in the future, is never again used for nuclear weapons. In addition, because of the cancellation of the immobilization portion of the disposition strategy in 2002, DOE is responsible for approximately 13 metric tons of declared surplus plutonium that does not have a defined disposition path. This situation needs to be addressed in light of DOE’s ongoing responsibility to ensure the safe disposition of surplus plutonium. Potential Range of Alternatives In September 2005, DOE approved the Mission Need for a Plutonium Disposition Project at the SRS to address up to approximately 13 metric tons of surplus plutonium without an identified disposition path. The Mission Need is the first step in DOE’s project management process, in accordance with DOE Order 413.3A, Program and Project Management for the Acquisition of Capital Assets. DOE completed a technical review of alternative technologies in May 2006, which identified four potentially viable alternatives for completing the disposition of surplus plutonium. Three of these four alternatives will be evaluated in the SEIS. • A glass can-in-canister approach installed in K-Area at the SRS. Plutonium would be vitrified within small cans, which would be placed in a rack inside a DWPF canister and surrounded with vitrified high-level waste. This alternative is similar to one evaluated in the SPD EIS, except that the capability would be installed in an existing rather than a new facility. Also, the currently proposed facility would be designed to immobilize approximately 13 metric tons of surplus plutonium rather than 17 metric tons as evaluated in the SPD EIS. (This is DOE’s Preferred Alternative.) • A ceramic can-in-canister approach installed in K-Area at the SRS. Plutonium would be incorporated in a ceramic material and placed in small cans, which would be placed in a rack inside a DWPF canister and surrounded with vitrified high-level waste. This alternative is similar to that initially selected by DOE following analysis in the SPD EIS. As with the glass can-incanister approach, the two primary differences are that the SEIS will evaluate installing the capability in an existing rather than a new facility, and VerDate Aug<31>2005 17:09 Mar 27, 2007 Jkt 211001 the SEIS will assume the disposition of approximately 13 metric tons of surplus plutonium, rather than 17 metric tons. • Disposition using the MOX Fuel Fabrication Facility. This alternative would rely on facilities to be constructed at the SRS for disposition by using the surplus plutonium as feedstock in the fabrication of MOX fuel to be irradiated in commercial reactors. DOE anticipates that less than a third of the 13 metric tons of surplus plutonium that are the subject of this SEIS would meet the specifications for use as MOX Fuel Fabrication Facility feedstock. Under each of the three alternatives, DOE would process some surplus plutonium for disposal using the HCanyon. Plutonium materials would be dissolved, and the resulting plutoniumbearing solutions would be sent to the SRS liquid radioactive waste tanks then to DWPF for vitrification. DOE is evaluating the continued use of HCanyon for uranium processing in a separate NEPA document—a supplement analysis scheduled for completion in 2007. Decisions regarding future operations of H-Canyon have a bearing on the availability of the facility to process surplus plutonium (i.e., processing for plutonium disposition would occur while H-Canyon is operating primarily for uranium processing). The SEIS also will evaluate a No Action alternative of continued storage of the surplus plutonium. DOE has determined that the fourth alternative identified in the May 2006 technical review is not reasonable, and thus, it will not be evaluated in detail in the SEIS. This alternative involved disposing of the entire 13 metric tons of surplus plutonium through H-Canyon and DWPF. Disposing of the entire 13 metric tons of surplus plutonium by using the H-Canyon facilities would result in extending operation of those facilities many years beyond the estimated 2019 date for completion of its currently approved mission of preparing spent nuclear fuel and highlyenriched uranium materials for disposition, and would also extend the planned operation of DWPF and the high-level waste system. Furthermore, implementation of this alternative would require security upgrades to make H-Canyon a Category I nuclear facility, which is inconsistent with the Department’s plans to enhance security and reduce costs throughout the complex by reducing the number of such facilities. The additional cost of these security upgrades and extended operations are estimated to be several billion dollars. PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 14545 Invitation to Comment DOE invites Federal agencies, state and local governments, Native American tribes, industry, other organizations, and members of the public to provide comments on the proposed scope, alternatives, and environmental issues to be analyzed in the Supplemental EIS for Surplus Plutonium Disposition at the SRS. DOE will consider all such comments and other relevant information in defining the scope and analyses for the SEIS. Comments should be submitted as described under DATES and ADDRESSES above. Potential Environmental Issues for Analysis DOE has tentatively identified the following environmental issues for analysis in the Supplemental EIS for Surplus Plutonium Disposition at the SRS. The list is presented to facilitate comment on the scope of the SEIS and is not intended to be comprehensive nor to predetermine the alternatives to be analyzed or their potential impacts. • Impacts to the general population and workers from radiological and nonradiological releases. • Worker health and safety, including impacts from the use of chemicals. • Long-term health and environmental impacts. • Impacts of emissions on air and water quality. • Impacts on ecological systems and threatened and endangered species. • Impacts from waste management activities. • Impacts from the transportation of radioactive materials and waste. • Impacts of postulated accidents and from terrorist actions and sabotage. • Potential disproportionately high and adverse effects on low-income and minority populations (environmental justice). • Short-term and long-term land use impacts. NEPA Process Following the scoping period announced in this Notice of Intent, and after consideration of comments received during scoping, DOE will prepare a Draft SEIS for Surplus Plutonium Disposition at the SRS. DOE will announce the availability of the Draft SEIS in the Federal Register and local media outlets. DOE plans to issue the Draft SEIS by January 2008. Comments received on the Draft SEIS will be considered and addressed in the Final SEIS, which DOE anticipates issuing by July 2008. DOE will issue a ROD no sooner than 30 days after E:\FR\FM\28MRN1.SGM 28MRN1 14546 Federal Register / Vol. 72, No. 59 / Wednesday, March 28, 2007 / Notices facsimile number is (202) 566–1741. You may be charged a reasonable fee for photocopying docket materials, as provided in 40 CFR part 2. FOR FURTHER INFORMATION CONTACT: Robert M. Doyle, Attorney-Advisor, Office of Transportation and Air Quality, (6403J), U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460 (U.S. mail), 1310 L Street, NW., Washington, DC 20005 (courier mail). Telephone: (202) 343–9258, Fax: (202) 343–2804, E-Mail: doyle.robert@epa.gov. SUPPLEMENTARY INFORMATION: publication by the Environmental Protection Agency of a Notice of Availability of the Final SEIS. Issued in Washington, DC, on March 21, 2007. Eric J. Fygi, Acting General Counsel. [FR Doc. E7–5591 Filed 3–27–07; 8:45 am] BILLING CODE 6450–01–P ENVIRONMENTAL PROTECTION AGENCY [AMS–FRL–8292–8] California State Nonroad Engine and Vehicle Pollution Control Standards; Authorization of Marine Outboard, Personal Watercraft and Tier One Inboard/Sterndrive Engine Standards, Notice of Decision Environmental Protection Agency (EPA). ACTION: Notice of Decision for Authorization of California Marine Outboard, Personal Watercraft and Tier One Inboard/Sterndrive Engine Emission Standards. AGENCY: EPA today, pursuant to section 209(e) of the Clean Air Act (Act), 42 U.S.C. 7543(e), is granting California its requests for authorization of its Marine Spark-Ignition Engines regulations for outboard and personal watercraft engines in their entirety, and for the first tier of regulations affecting inboard and sterndrive engines. EPA is deferring an authorization decision on the second tier of inboard and sterndrive standards pending the completion of testing currently underway to evaluate the technological feasibility of both the California inboard and sterndrive standards and Federal inboard and sterndrive standards which are expected to be proposed regulations in 2007. ADDRESSES: The Agency’s Decision Document, containing an explanation of the Assistant Administrator’s decision, as well as all documents relied upon in making that decision, including those submitted to EPA by California, are available for public inspection in EPA Air and Radiation Docket and Information Center (Air Docket). Materials relevant to this decision are contained in Docket OAR–2004–0403 at the following location: EPA Air Docket, Room 3334, 1301 Constitution Avenue NW., Washington, DC 20460. The EPA Docket Center Public Reading Room is open from 8 a.m. to 5:30 p.m. Monday through Friday, except on government holidays. The Air Docket telephone number is (202) 566–1742, and the sroberts on PROD1PC70 with NOTICES SUMMARY: VerDate Aug<31>2005 17:09 Mar 27, 2007 Jkt 211001 I. Obtaining Electronic Copies of Documents EPA makes available an electronic copy of this Notice on the Office of Transportation and Air Quality (OTAQ) homepage (https://www.epa.gov/OTAQ). Users can find this document by accessing the OTAQ homepage and looking at the path entitled ‘‘Federal Register Notices’’. This service is free of charge, except any cost you already incur for Internet connectivity. Users can also get the official Federal Register version of the Notice on the day of publication on the primary Web site: (https://www.epa.gov/docs/fedrgstr/EPAAIR/) Please note that due to differences between the software used to develop the documents and the software into which the documents may be downloaded, changes in format, page length, etc., may occur. Additionally, an electronic version of the public docket is available through the Federal government’s electronic public docket and comment system. You may access EPA dockets at https:// www.regulations.gov. After opening the https://www.regulations.gov Web site, select ‘‘Environmental Protection Agency’’ from the pull-down Agency list, then scroll to Docket ID EPA–HQ– OAR–2004–0403 to view documents in the record of this Marine Authorization Request docket. Although a part of the official docket, the public docket does not include Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. II. Background (A) Nonroad Authorizations Section 209(e)(1) of the Act addresses the permanent preemption of any State, or political subdivision thereof, from adopting or attempting to enforce any standard or other requirement relating to the control of emissions for certain new nonroad engines or vehicles.1 1 Section PO 00000 209(e)(1) of the Act provides: Frm 00032 Fmt 4703 Sfmt 4703 Section 209(e)(2) of the Act allows the Administrator to grant California authorization to enforce state standards for new nonroad engines or vehicles which are not listed under section 209(e)(1), subject to certain restrictions. On July 20, 1994, EPA promulgated a regulation that sets forth, among other things, the criteria, as found in section 209(e)(2), by which EPA must consider any California authorization requests for new nonroad engines or vehicle emission standards (section 209(e) rules).2 Section 209(e)(2) requires the Administrator, after notice and opportunity for public hearing, to authorize California to enforce standards and other requirements relating to emissions control of new engines not listed under section 209(e)(1).3 The section 209(e) rule and its codified regulations 4 formally set forth the criteria, located in section 209(e)(2) of the Act, by which EPA must grant California authorization to enforce its new nonroad emission standards: 40 CFR part 85, Subpart Q, § 85.1605 provides: (a) The Administrator shall grant the authorization if California determines that its standards will be, in the aggregate, at least as protective of public health and welfare as applicable Federal standards. (b) The authorization shall not be granted if the Administrator finds that: (1) The determination of California is arbitrary and capricious; (2) California does not need such California standards to meet compelling and extraordinary conditions; or (3) California standards and accompanying enforcement procedures are not consistent with section 209. As stated in the preamble to the section 209(e) rule, EPA has interpreted the requirement that EPA cannot find ‘‘California standards and accompanying enforcement procedures are not consistent with section 209’’ to mean that California standards and No State or any political subdivision thereof shall adopt or attempt to enforce any standard or other requirement relating to the control of emissions from either of the following new nonroad engines or nonroad vehicles subject to regulation under this Act— (A) New engines which are used in construction equipment or vehicles or used in farm equipment or vehicles and which are smaller than 175 horsepower. (B) New locomotives or new engines used in locomotives. Subsection (b) shall not apply for purposes of this paragraph. 2 See 59 FR 36969 (July 20, 1994), and regulations set forth therein, 40 CFR part 85, Subpart Q, §§ 85.1601–85.1606. 3 As discussed above, states are permanently preempted from adopting or enforcing standards relating to the control of emissions from new engines listed in section 209(e)(1). 4 See 40 CFR part 85, Subpart Q, § 85.1605. E:\FR\FM\28MRN1.SGM 28MRN1

Agencies

[Federal Register Volume 72, Number 59 (Wednesday, March 28, 2007)]
[Notices]
[Pages 14543-14546]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-5591]


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DEPARTMENT OF ENERGY


Notice of Intent To Prepare a Supplemental Environmental Impact 
Statement for Surplus Plutonium Disposition at the Savannah River Site

AGENCY: Department of Energy.

ACTION: Notice of Intent.

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

SUMMARY: The U.S. Department of Energy (DOE) intends to prepare a 
Supplemental Environmental Impact Statement (SEIS) to evaluate the 
potential environmental impacts of plutonium disposition capabilities 
that would be constructed and operated at the Savannah River Site (SRS) 
near Aiken, South Carolina. DOE completed the Surplus Plutonium 
Disposition (SPD) EIS (DOE/EIS-0283) in November 1999, and on January 
11, 2000, published a Record of Decision (ROD) in the Federal Register 
(65 FR 1608). DOE decided to dispose of approximately 17 metric tons of 
plutonium surplus to the nation's defense needs using an immobilization 
process and up to 33 metric tons by using the surplus plutonium as 
feedstock in the fabrication of mixed oxide (MOX) fuel to be irradiated 
in commercial reactors. DOE selected the SRS as the site for all 
surplus plutonium disposition facilities. Subsequently, DOE cancelled 
the immobilization portion of its disposition strategy due to budgetary 
constraints (ROD, 67 FR 19432, April 19, 2002). The selection of the 
SRS as the location for disposition facilities for up to 50 metric tons 
of surplus plutonium remains unchanged. Site preparation for the MOX 
Fuel Fabrication Facility at the SRS began in November 2005.
    The 2002 decision left DOE with about 13 metric tons of surplus 
plutonium that does not have a defined path to disposition (about 4 
metric tons of the 17 metric tons originally considered for 
immobilization has been designated for programmatic use). DOE has been 
investigating alternative disposition technologies and will now prepare 
an SEIS for Surplus Plutonium Disposition at the SRS (DOE/EIS-0283-S2) 
to evaluate the potential environmental impacts of those alternatives. 
DOE's preferred alternative is to construct and operate a vitrification 
facility within an existing building at the SRS. This facility would 
immobilize plutonium within a lanthanide borosilicate glass inside 
stainless steel cans. The cans then would be placed within larger 
canisters to be filled with vitrified high-level radioactive waste in 
the Defense Waste Processing Facility (DWPF) at the SRS. The canisters 
would be suitable for disposal in a geologic repository. DOE also would 
prepare some of the surplus plutonium for disposal by processing it in 
the H-Canyon at the SRS, then sending it to the high-level waste tanks 
and DWPF. DOE seeks to take this action to reduce the threat of nuclear 
weapons proliferation worldwide by disposing of surplus plutonium in 
the United States in a safe and environmentally sound manner. The 
preferred vitrification technology, along with processing in H-Canyon, 
would fulfill this need for

[[Page 14544]]

disposition of surplus plutonium materials that are not planned for 
disposition via fabrication into MOX fuel.

DATES: DOE invites Federal agencies, state and local governments, 
Native American tribes, industry, other organizations, and members of 
the public to submit comments to assist in identifying environmental 
issues and in determining the appropriate scope of the SEIS. The public 
scoping period starts with the publication of this notice in the 
Federal Register and will continue until May 29, 2007. Comments 
received after this date will be considered to the extent practicable. 
Also, DOE requests Federal, State, and local agencies that desire to be 
designated as cooperating agencies on the SEIS to contact the NEPA 
Document Manager at the addresses listed under ADDRESSES by the end of 
the scoping period. DOE will hold two public scoping meetings:
     April 17, 2007 (5:30 p.m.-10 p.m.) at Newberry Hall, 117 
Newberry Street, SW., Aiken, SC.
     April 19, 2007 (5:30 p.m.-10 p.m.) at the Columbia 
Marriott Hotel, 1200 Hampton Street, Columbia, SC.
    DOE officials will be available to answer questions about plutonium 
disposition and the proposed alternatives at both locations beginning 
at 5:30 p.m. DOE will provide a brief presentation on the SEIS, then, 
beginning about 6:30 p.m., accept public comments on the scope of the 
SEIS.

ADDRESSES: Comments or questions regarding the scoping process, 
requests to be placed on the SEIS distribution list, and comments on 
the scope of the SEIS should be addressed to Mr. Andrew R. Grainger, 
NEPA Document Manager, Savannah River Operations Office, P.O. Box B, 
Aiken, SC 29802; toll-free telephone 1-800-881-7292; fax 803-952-7065; 
or e-mail drew.grainger@srs.gov.
    For general information concerning the DOE NEPA process, contact: 
Carol Borgstrom, Director, Office of NEPA Policy and Compliance (GC-
20), U.S. Department of Energy, 1000 Independence Avenue, SW., 
Washington, DC 20585-0103; telephone 202-586-4600, or leave a message 
at 1-800-472-2756; fax 202-586-7031; or send an e-mail to 
askNEPA@eh.doe.gov. This NOI will be available on the Internet at 
https://www.eh.doe.gov/nepa.

SUPPLEMENTARY INFORMATION:

Background

    After the end of the Cold War, the United States declared 50 metric 
tons of plutonium surplus to the defense needs of the nation. At that 
time, plutonium materials were in various forms and various stages of 
the material manufacturing and weapons fabrication processes and were 
located at several weapons complex sites that DOE had operated in the 
preceding decades. DOE began the process of placing these materials in 
safe, stable configurations for storage until disposition strategies 
could be developed and implemented.
    In the Storage and Disposition of Weapons-Usable Fissile Materials 
Programmatic EIS (Storage and Disposition PEIS, DOE/EIS-0229, December 
1996), DOE evaluated six candidate sites for siting plutonium 
disposition facilities and three categories of disposition technologies 
that would convert surplus plutonium into a form that would meet the 
Spent Fuel Standard.\1\ The three categories were: Deep Borehole 
Category (two options); Immobilization Category (three options: 
vitrification, ceramic immobilization, electrometallurgical treatment); 
and Reactor Category (four options). DOE also analyzed a No Action 
Alternative. DOE selected a dual-path strategy for disposition 
involving immobilization of surplus plutonium in glass or ceramic 
material for disposal in a geologic repository, and burning other 
surplus plutonium as MOX fuel in existing domestic commercial 
reactor(s) with subsequent disposal of the spent fuel in a geologic 
repository (ROD, 62 FR 3014, January 21, 1997). DOE also decided that 
an immobilization facility would be located at Hanford in Washington or 
at the SRS.
---------------------------------------------------------------------------

    \1\ Under that standard, the surplus weapons-usable plutonium 
should be made as inaccessible and unattractive for weapons use as 
the much larger and growing quantity of plutonium that exists in 
spent nuclear fuel from commercial power reactors.
---------------------------------------------------------------------------

    In November 1999, DOE issued the Surplus Plutonium Disposition EIS. 
The SPD EIS tiered from the Storage and Disposition PEIS and included 
an analysis of alternative technologies and sites to implement the 
dual-path plutonium disposition strategy. In January 2000, DOE decided 
to construct and operate a MOX Fuel Fabrication Facility at the SRS to 
use up to 33 metric tons of surplus plutonium to fabricate MOX fuel and 
to construct and operate a new immobilization facility at the SRS 
(referred to as the Plutonium Immobilization Plant) using the ceramic 
can-in-canister technology allowing for the immobilization of 
approximately 17 metric tons of surplus plutonium (ROD, 65 FR 1608, 
January 11, 2000). Using this technology, DOE would immobilize 
plutonium in a ceramic form, seal it in cans, and place the cans in 
canisters filled with borosilicate glass containing intensely 
radioactive high-level waste at the existing DWPF. DOE stated that the 
can-in-canister approach would complement existing site missions, take 
advantage of existing infrastructure and staff expertise, and enable 
DOE to use an existing facility, DWPF.
    In 2002, DOE cancelled the immobilization portion of the plutonium 
disposition strategy (ROD, 67 FR 19432, April 19, 2002). The selection 
of the SRS as the location for disposition facilities for up to 50 
metric tons of surplus plutonium remains unchanged. In November 2005, 
DOE began site preparation at SRS for the MOX Fuel Fabrication 
Facility.
    For purposes of this NEPA analysis, DOE will assume that the 
surplus plutonium to be disposed of will include some of the plutonium 
already stored at the SRS and some that DOE could move to the SRS from 
other sites (e.g., Hanford in Washington, Los Alamos National 
Laboratory in New Mexico, and Lawrence Livermore National Laboratory in 
California). DOE previously evaluated the transfer and storage of 
surplus plutonium from other sites in the Storage and Disposition PEIS 
and the SPD EIS. In addition, DOE will analyze the potential 
environmental impacts of these proposed shipments to, and subsequent 
storage in, the K-Area at the SRS in a supplement analysis (pursuant to 
10 CFR 1021.314(c)). Upon completion of the supplement analysis, DOE 
will determine whether to issue an Amended ROD or conduct additional 
NEPA review, as appropriate. As explained in a prior ROD, ``in addition 
to achieving the ultimate goal of permanent disposition of surplus 
plutonium materials, DOE independently needs to improve the 
configuration of the storage system for these materials, pending 
disposition'' (67 FR 19433, April 19, 2002).
    In addition to completing appropriate environmental reviews in 
compliance with NEPA, prior to shipping surplus weapons-usable 
plutonium to the SRS that would have been disposed of in the Plutonium 
Immobilization Plant, DOE must comply with Section 3155, Disposition of 
Defense Plutonium at the Savannah River Site, of Public Law 107-107, 
National Defense Authorization Act for Fiscal Year 2002. Section 
3155(d) of this law requires that DOE prepare a plan that identifies a 
disposition path for such surplus plutonium.

Purpose and Need for Action

    DOE's purpose and need for proposing this immobilization process 
has not changed since the SPD EIS was prepared. DOE needs to reduce the 
threat of nuclear weapons proliferation

[[Page 14545]]

worldwide by disposing of surplus plutonium in the United States in a 
safe and environmentally sound manner. As stated in the ROD for the SPD 
EIS, DOE needs to ensure that plutonium produced for nuclear weapons 
and declared surplus to national security needs, now and in the future, 
is never again used for nuclear weapons. In addition, because of the 
cancellation of the immobilization portion of the disposition strategy 
in 2002, DOE is responsible for approximately 13 metric tons of 
declared surplus plutonium that does not have a defined disposition 
path. This situation needs to be addressed in light of DOE's ongoing 
responsibility to ensure the safe disposition of surplus plutonium.

Potential Range of Alternatives

    In September 2005, DOE approved the Mission Need for a Plutonium 
Disposition Project at the SRS to address up to approximately 13 metric 
tons of surplus plutonium without an identified disposition path. The 
Mission Need is the first step in DOE's project management process, in 
accordance with DOE Order 413.3A, Program and Project Management for 
the Acquisition of Capital Assets.
    DOE completed a technical review of alternative technologies in May 
2006, which identified four potentially viable alternatives for 
completing the disposition of surplus plutonium. Three of these four 
alternatives will be evaluated in the SEIS.
     A glass can-in-canister approach installed in K-Area at 
the SRS. Plutonium would be vitrified within small cans, which would be 
placed in a rack inside a DWPF canister and surrounded with vitrified 
high-level waste. This alternative is similar to one evaluated in the 
SPD EIS, except that the capability would be installed in an existing 
rather than a new facility. Also, the currently proposed facility would 
be designed to immobilize approximately 13 metric tons of surplus 
plutonium rather than 17 metric tons as evaluated in the SPD EIS. (This 
is DOE's Preferred Alternative.)
     A ceramic can-in-canister approach installed in K-Area at 
the SRS. Plutonium would be incorporated in a ceramic material and 
placed in small cans, which would be placed in a rack inside a DWPF 
canister and surrounded with vitrified high-level waste. This 
alternative is similar to that initially selected by DOE following 
analysis in the SPD EIS. As with the glass can-in-canister approach, 
the two primary differences are that the SEIS will evaluate installing 
the capability in an existing rather than a new facility, and the SEIS 
will assume the disposition of approximately 13 metric tons of surplus 
plutonium, rather than 17 metric tons.
     Disposition using the MOX Fuel Fabrication Facility. This 
alternative would rely on facilities to be constructed at the SRS for 
disposition by using the surplus plutonium as feedstock in the 
fabrication of MOX fuel to be irradiated in commercial reactors. DOE 
anticipates that less than a third of the 13 metric tons of surplus 
plutonium that are the subject of this SEIS would meet the 
specifications for use as MOX Fuel Fabrication Facility feedstock.
    Under each of the three alternatives, DOE would process some 
surplus plutonium for disposal using the H-Canyon. Plutonium materials 
would be dissolved, and the resulting plutonium-bearing solutions would 
be sent to the SRS liquid radioactive waste tanks then to DWPF for 
vitrification. DOE is evaluating the continued use of H-Canyon for 
uranium processing in a separate NEPA document--a supplement analysis 
scheduled for completion in 2007. Decisions regarding future operations 
of H-Canyon have a bearing on the availability of the facility to 
process surplus plutonium (i.e., processing for plutonium disposition 
would occur while H-Canyon is operating primarily for uranium 
processing).
    The SEIS also will evaluate a No Action alternative of continued 
storage of the surplus plutonium.
    DOE has determined that the fourth alternative identified in the 
May 2006 technical review is not reasonable, and thus, it will not be 
evaluated in detail in the SEIS. This alternative involved disposing of 
the entire 13 metric tons of surplus plutonium through H-Canyon and 
DWPF. Disposing of the entire 13 metric tons of surplus plutonium by 
using the H-Canyon facilities would result in extending operation of 
those facilities many years beyond the estimated 2019 date for 
completion of its currently approved mission of preparing spent nuclear 
fuel and highly-enriched uranium materials for disposition, and would 
also extend the planned operation of DWPF and the high-level waste 
system. Furthermore, implementation of this alternative would require 
security upgrades to make H-Canyon a Category I nuclear facility, which 
is inconsistent with the Department's plans to enhance security and 
reduce costs throughout the complex by reducing the number of such 
facilities. The additional cost of these security upgrades and extended 
operations are estimated to be several billion dollars.

Invitation to Comment

    DOE invites Federal agencies, state and local governments, Native 
American tribes, industry, other organizations, and members of the 
public to provide comments on the proposed scope, alternatives, and 
environmental issues to be analyzed in the Supplemental EIS for Surplus 
Plutonium Disposition at the SRS. DOE will consider all such comments 
and other relevant information in defining the scope and analyses for 
the SEIS. Comments should be submitted as described under DATES and 
ADDRESSES above.

Potential Environmental Issues for Analysis

    DOE has tentatively identified the following environmental issues 
for analysis in the Supplemental EIS for Surplus Plutonium Disposition 
at the SRS. The list is presented to facilitate comment on the scope of 
the SEIS and is not intended to be comprehensive nor to predetermine 
the alternatives to be analyzed or their potential impacts.
     Impacts to the general population and workers from 
radiological and nonradiological releases.
     Worker health and safety, including impacts from the use 
of chemicals.
     Long-term health and environmental impacts.
     Impacts of emissions on air and water quality.
     Impacts on ecological systems and threatened and 
endangered species.
     Impacts from waste management activities.
     Impacts from the transportation of radioactive materials 
and waste.
     Impacts of postulated accidents and from terrorist actions 
and sabotage.
     Potential disproportionately high and adverse effects on 
low-income and minority populations (environmental justice).
     Short-term and long-term land use impacts.

NEPA Process

    Following the scoping period announced in this Notice of Intent, 
and after consideration of comments received during scoping, DOE will 
prepare a Draft SEIS for Surplus Plutonium Disposition at the SRS. DOE 
will announce the availability of the Draft SEIS in the Federal 
Register and local media outlets. DOE plans to issue the Draft SEIS by 
January 2008. Comments received on the Draft SEIS will be considered 
and addressed in the Final SEIS, which DOE anticipates issuing by July 
2008. DOE will issue a ROD no sooner than 30 days after

[[Page 14546]]

publication by the Environmental Protection Agency of a Notice of 
Availability of the Final SEIS.

    Issued in Washington, DC, on March 21, 2007.
Eric J. Fygi,
Acting General Counsel.
 [FR Doc. E7-5591 Filed 3-27-07; 8:45 am]
BILLING CODE 6450-01-P
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