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