Notice of Availability of Final Waste Incidental to Reprocessing Evaluation for Vitrified Low Activity Waste and Secondary Wastes at the Hanford Site, Washington and Waste Incidental to Reprocessing Determination, 6245-6247 [2023-01961]
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Federal Register / Vol. 88, No. 20 / Tuesday, January 31, 2023 / Notices
Program name
Home Electrification Rebates.
Authorizing
statute
Funds available
IRA Sec. 50122
$4.275 billion to States and $225
million to Indian Tribes through
September 30, 2031.
Purpose
The purpose of this RFI is to solicit
input from States, Indian Tribes, local
governments, energy contractors, labor
organizations, manufacturers of energy
efficient home equipment and materials,
community-based organizations,
environmental and housing justice
organizations, disadvantaged
communities, and other stakeholders to
inform the DOE’s program guidance for
the home efficiency and electrification
rebate programs. This is solely a request
for information and not a Funding
Opportunity Announcement. SCEP is
not accepting applications through the
release of this RFI. SCEP will consider
responses to this RFI as it develops
program guidance, expected to be issued
as an Administrative and Legal
Requirements Document in 2023.
Specifically, SCEP is interested in
public input on questions across the
following categories:
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Accessible and Equitable Program Design
Tribal Implementation of the Home
Electrification Rebates
Designing Programs for Maximum Impact
Integrating Existing Incentives and Programs
Opt-In Tools, Resources, Technical
Assistance, and Partnerships
Income Verification
Estimating and Measuring Energy Savings
Eligible Technologies for Rebates
Data Access and Sharing
Compliance and Quality Assurance
Job Creation and Quality
Buy American and Supply Chain
Considerations
Open Response
Confidential Business Information:
According to 10 CFR 1004.11, any
person submitting information that he
or she believes to be confidential and
exempt by law from public disclosure
should submit via email, postal mail, or
hand delivery two well-marked copies:
one copy of the document marked
‘‘confidential’’ including all the
information believed to be confidential,
and one copy of the document marked
‘‘non-confidential’’ with the information
believed to be confidential deleted.
Submit these documents via email or on
a CD, if feasible. DOE will make its own
determination about the confidential
status of the information and treat it
according to its determination.
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Eligible
recipient(s)
States and Indian Tribes.
Purpose
The Secretary shall award grants to ‘‘State energy
offices and Indian Tribes to establish a high-efficiency electric home rebate program under
which rebates shall be provided to eligible entities for qualified electrification projects.’’
Signing Authority
This document of the Department of
Energy was signed on January 17, 2023,
by Dr. Henry McKoy, Director of the
Office of State and Community Energy
Programs, pursuant to delegated
authority from the Secretary of Energy.
That document with the original
signature and date is maintained by
DOE. For administrative purposes only,
and in compliance with requirements of
the Office of the Federal Register, the
undersigned DOE Federal Register
Liaison Officer has been authorized to
sign and submit the document in
electronic format for publication, as an
official document of the Department of
Energy. This administrative process in
no way alters the legal effect of this
document upon publication in the
Federal Register.
Signed in Washington, DC, on January 25,
2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S.
Department of Energy.
[FR Doc. 2023–01873 Filed 1–30–23; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Notice of Availability of Final Waste
Incidental to Reprocessing Evaluation
for Vitrified Low Activity Waste and
Secondary Wastes at the Hanford Site,
Washington and Waste Incidental to
Reprocessing Determination
U.S. Department of Energy.
Notice of availability.
AGENCY:
ACTION:
The U.S. Department of
Energy (DOE) announces the availability
of the Final Waste Incidental to
Reprocessing Evaluation for Vitrified
Low-Activity Waste and Secondary
Wastes at the Hanford Site, Washington
(Final WIR Evaluation) and associated
Waste Incidental to Reprocessing
Determination for Vitrified Low-Activity
Waste and Secondary Wastes at the
Hanford Site, Washington (WIR
Determination). The WIR Determination
documents DOE’s determination that
vitrified low-activity waste (VLAW) and
secondary wastes generated by, or
derived from, such vitrification using
the direct feed low-activity waste
SUMMARY:
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6245
(DFLAW) approach are wastes that are
incidental to the reprocessing of spent
nuclear fuel, are not high-level
radioactive waste (HLW), and are to be
managed as low-level radioactive waste
(LLW), pursuant to DOE Order 435.1,
Radioactive Waste Management, and
DOE Manual 435.1–1, Radioactive
Waste Management Manual. DOE
consulted with the Nuclear Regulatory
Commission (NRC) and considered
comments from States, Tribal Nations,
stakeholders and the public before
preparing the Final WIR Evaluation and
WIR Determination.
ADDRESSES: The Final WIR Evaluation
and WIR Determination are available on
the internet at https://www.hanford.gov/
page.cfm/VitrifiedLowActivityWaste for
public review.
FOR FURTHER INFORMATION CONTACT: For
further information about the Final WIR
Evaluation or the WIR Determination,
please contact Mr. Gary L. Pyles by mail
at U.S. Department of Energy, Office of
River Protection, P.O. Box 450, MSIN
H6–60, Richland, Washington 99352, by
phone at (509) 376–2670, or by email at
gary.pyles@rl.doe.gov.
SUPPLEMENTARY INFORMATION: The
Hanford site currently stores radioactive
waste in underground storage tanks. The
waste was generated, in part, by the
prior reprocessing of spent nuclear fuel
during the Manhattan Project and Cold
War eras, for defense-related nuclear
research, development and weaponsproduction activities. Hanford’s current
mission focuses on the cleanup and
remediation of those wastes and
ultimate closure of the site. As part of
that mission, DOE is retrieving waste
from the Hanford tanks, and has
decided to separate the tank waste into
a low-activity waste stream and a highlevel radioactive waste stream.
The Final WIR Evaluation concerns
approximately 23.5 million gallons
(Mgal) of separated, pretreated and
vitrified low activity waste from some of
the underground tanks at the Hanford
Site in the State of Washington, and the
secondary wastes generated by, or
derived from, such vitrification of the
separated and pretreated low-activity
waste using the DFLAW approach.
The DFLAW approach is a twophased approach that will separate and
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Federal Register / Vol. 88, No. 20 / Tuesday, January 31, 2023 / Notices
pretreat supernate (essentially the
upper-most layer of tank waste that
contains low concentrations of longlived radionuclides) from the Hanford
tanks, to generate a low-activity waste
(LAW) stream. For Phase 1, the DFLAW
approach will begin with in-tank
settling, separation (removal by
decanting) of the supernate (including
dissolved saltcake and interstitial
liquids), filtration, and then cesium
removal using ion-exchange columns in
a tank-side cesium removal (TSCR) unit.
For Phase 2, DOE will treat additional
supernate (including dissolved saltcake
and interstitial liquids) using the same
processes with either an additional
TSCR unit or a filtration and cesium
removal facility. The DFLAW approach
is expected to remove more than 99
percent of the cesium and remove other
key radionuclides. After pretreatment,
the LAW stream will be sent by transfer
lines to the Low Activity Waste
Vitrification Facility at the Hanford Site,
where it will be vitrified (immobilized
in borosilicate glass). Approximately
13,500 containers of vitrified waste will
be produced using the DFLAW
approach. DOE plans to dispose of the
VLAW in the onsite Integrated Disposal
Facility (IDF), a land disposal facility at
the Hanford Site.
The Final WIR Evaluation also
addresses secondary wastes generated
by, or derived from, the vitrification of
the pretreated LAW using the DFLAW
approach. DOE’s proposed plan is to
solidify or encapsulate most of these
secondary wastes in a grout matrix at
offsite, commercial treatment facilities—
either Perma-Fix Northwest in Richland,
Washington, Perma-Fix Diversified
Scientific Services in Kingston,
Tennessee, or Waste Control Specialists
(WCS) near Andrews, Texas, depending
on the waste stream. Thereafter, most of
the secondary wastes, generated by or
derived from vitrification of the LAW
using the DFLAW approach, would be
disposed of at the IDF at the Hanford
Site, and potentially, certain secondary
wastes may be disposed at the WCS
Federal Waste Facility (WCS FWF) in
Texas.
Implementation of the proposed
offsite treatment and potential offsite
disposal is contingent upon completion
of analysis and issuance of a decision
document as required by the National
Environmental Policy Act of 1969, as
amended, 42 U.S.C. 4321, et seq.
(NEPA). DOE has prepared the
Supplement Analysis of the Final Tank
Closure and Waste Management
Environmental Impact Statement for the
Hanford Site, Richland, Washington,
Offsite Secondary Waste Treatment and
Disposal (DOE/EIS–0391–SA–03),
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which evaluated DOE’s proposal to
transport and treat certain solid and
liquid secondary wastes at licensed and
permitted commercial treatment
facilities off the Hanford Site. The
secondary wastes addressed in the Final
WIR Evaluation and WIR Determination
are a subset of the secondary waste
addressed in the above-referenced
Supplement Analysis.
The Supplement Analysis also
evaluates DOE’s proposal to potentially
dispose (after treatment) of some of the
secondary wastes generated by or
derived from vitrification of the LAW
using the DFLAW approach, at an
offsite, licensed and permitted
commercial disposal facility. The
secondary wastes would be mixed LLW,
regulated under the Atomic Energy Act
of 1954, as amended, and the Resource
Conservation and Recovery Act of 1976
(RCRA). The solidification or
encapsulation of the secondary wastes
would treat the wastes to meet land
disposal requirements pursuant to
RCRA.
DOE issued DOE Order 435.1 and
DOE Manual 435.1–1 under the
authority of the Atomic Energy Act of
1954, as amended, 42 U.S.C. 2011 et
seq., the Energy Reorganization Act, 42
U.S.C. 5801 et seq., and the Department
of Energy Organization Act, 42 U.S.C.
7101, et seq. DOE Manual 435.1–1,
Radioactive Waste Management
Manual, which accompanies DOE Order
435.1, Radioactive Waste Management,
provides for a rigorous evaluation
process that DOE uses to determine
whether certain waste from the
reprocessing of spent nuclear fuel is
incidental to reprocessing, is not HLW
and may be managed as LLW. This
process, set forth in Chapter II.B.(2)(a) of
DOE Manual 435.1–1, requires
evaluating and demonstrating that the
wastes:
‘‘(1) Have been processed, or will be
processed, to remove key radionuclides
to the maximum extent that is
technically and economically practical;
and
(2) Will be managed to meet safety
requirements comparable to the
performance objectives set out in 10
CFR part 61, subpart C, Performance
Objectives; and
(3) Are to be managed, pursuant to
DOE authority under the Atomic Energy
Act of 1954, as amended, and in
accordance with the provisions of
Chapter IV of [DOE Manual 435.1–1],
provided the waste will be incorporated
in a solid physical form at a
concentration that does not exceed the
applicable concentration limits for Class
C LLW as set out in 10 CFR 61.55, Waste
Classification[.]’’
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The Final WIR Evaluation, including
its appendices and supporting
references, documents and demonstrates
that the VLAW, and the secondary
waste generated by or derived from
vitrification using the DFLAW
approach, will meet the abovereferenced criteria in DOE Manual
435.1–1. DOE predicated the Final WIR
Evaluation on extensive analysis and
scientific rationale, using a riskinformed approach.
Specifically, the Final WIR Evaluation
shows that key radionuclides (those
radionuclides which contribute most
significantly to radiological dose to
workers, the public, and the
environment as well as radionuclides
listed in 10 CFR 61.55) have been or
will be removed to the maximum extent
technically and economically practical.
The Final WIR Evaluation also projects
that potential doses to a hypothetical
member of the public and hypothetical
inadvertent intruder after IDF closure
will be well below the doses specified
in the performance objectives and
performance measures for LLW. In
addition, the analyses demonstrate that
there is reasonable expectation that
safety requirements comparable to the
NRC performance objectives at 10 CFR
part 61, subpart C will be met. For
secondary wastes potentially disposed
of at the WCS FWF, the wastes would
meet the waste acceptance criteria for
the WCS FWF, which would ensure that
the performance objectives, including
doses, would be met for LLW disposal
as set forth in the Texas Administrative
Code, which are comparable to the NRC
performance objectives. In addition, the
salient secondary wastes will be
incorporated into a solid form at a
concentration that does not exceed
concentration limits for Class C LLW.
DOE consulted with NRC and
received comments from the States,
Tribal Nations, stakeholders and the
public. After carefully considering NRC
consultation advice and comments
received, and performing additional
analyses, DOE prepared the Final WIR
Evaluation. Based on the Final WIR
Evaluation, DOE determined, as
documented in the associated WIR
Determination, that the VLAW and
secondary wastes generated by or
derived from vitrification using the
DFLAW approach, are wastes incidental
to reprocessing, are non-HLW, and are
to be managed as LLW.
Signing Authority
This document of the Department of
Energy was signed on January 25, 2023,
by John A. Mullis II, Acting Associate
Principal Deputy Assistant Secretary for
Regulatory and Policy Affairs, pursuant
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Federal Register / Vol. 88, No. 20 / Tuesday, January 31, 2023 / Notices
to delegated authority from the
Secretary of Energy. That document
with the original signature and date is
maintained by DOE. For administrative
purposes only, and in compliance with
requirements of the Office of the Federal
Register, the undersigned DOE Federal
Register Liaison Officer has been
authorized to sign and submit the
document in electronic format for
publication, as an official document of
the Department of Energy. This
administrative process in no way alters
the legal effect of this document upon
publication in the Federal Register.
Signed in Washington, DC, on January 26,
2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S.
Department of Energy.
[FR Doc. 2023–01961 Filed 1–30–23; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Assistance to Foreign Atomic Energy
Activities; Secretarial Determination
National Nuclear Security
Administration (NNSA), Department of
Energy (DOE).
ACTION: Notice.
AGENCY:
On December 29, 2022, the
Secretary of Energy (Secretary) issued a
determination modifying the generally
authorized destination status of Mexico
for exports of controlled nuclear
technology and assistance under DOE’s
regulation on Assistance to Foreign
Atomic Energy Activities. Accordingly,
DOE is publishing this determination.
FOR FURTHER INFORMATION CONTACT: Ms.
Katie Strangis, Deputy Director, Office
of Nonproliferation and Arms Control
(NPAC), National Nuclear Security
Administration, Department of Energy,
1000 Independence Avenue SW,
Washington, DC 20585, telephone (202)
586–8623; Mr. Thomas Reilly, Office of
the General Counsel, GC–74,
Department of Energy, 1000
Independence Avenue SW, Washington,
DC 20585, telephone (202) 586–3417; or
Mr. Zachary Stern, Office of the General
Counsel, National Nuclear Security
Administration, Department of Energy,
1000 Independence Avenue SW,
Washington, DC 20585, telephone (202)
586–8627.
SUPPLEMENTARY INFORMATION: On
December 29, 2022, the Secretary issued
a determination expanding Mexico’s
generally authorized destination status
to cover the full scope of exports of
controlled nuclear technology and
assistance. The text of the determination
is reprinted below. The Atomic Energy
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SUMMARY:
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Act of 1954, as amended (42 U.S.C.
2077) (AEA), enables peaceful nuclear
trade by helping to assure that nuclear
technologies exported from the United
States will not be used for non-peaceful
purposes.
Part 810 of title 10, Code of Federal
Regulations (part 810) implements
section 57 b.(2) of the AEA, pursuant to
which the Secretary has granted a
general authorization for certain
categories of activities which the
Secretary has found to be non-inimical
to the interest of the United States—
including assistance or transfers of
technology to the ‘‘generally authorized
destinations’’ listed in appendix A to
part 810.
Signing Authority
This document of the Department of
Energy was signed on January 25, 2023,
by Katie D. Strangis, Deputy Director,
Office of Nonproliferation and Arms
Control, National Nuclear Security
Administration, pursuant to delegated
authority from the Secretary of Energy.
That document with the original
signature and date is maintained by
DOE. For administrative purposes only,
and in compliance with requirements of
the Office of the Federal Register, the
undersigned DOE Federal Register
Liaison Officer has been authorized to
sign and submit the document in
electronic format for publication, as an
official document of the Department of
Energy. This administrative process in
no way alters the legal effect of this
document upon publication in the
Federal Register.
Signed in Washington, DC, on January 26,
2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S.
Department of Energy.
Appendix
Set forth below is the full text of the
Secretarial Determination:
Determination and Authorization Pursuant
to Section 57 b.(2) of the Atomic Energy Act
of 1954, as Amended, Regarding Exports of
Nuclear Technology and Assistance to
Mexico
Having considered the Department of
Energy’s National Nuclear Security
Administration (DOE/NNSA)
recommendation, the Department of State’s
concurrence, and the consultations with the
Departments of Defense and Commerce and
the Nuclear Regulatory Commission, I have
determined pursuant to section 57 b.(2) of the
Atomic Energy Act of 1954, as amended, that
a general authorization under DOE
regulations at 10 CFR part 810 (Part 810) for
exports of Part 810—controlled nuclear
technology and assistance to Mexico will not
be inimical to the interest of the United
States, provided that no sensitive nuclear
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6247
technology or assistance described in 10 CFR
810.7 is involved.
Whether a destination is determined to be
generally or specifically authorized depends
on a number of factors, including the
existence of a bilateral peaceful nuclear
cooperation agreement (‘‘123 agreement’’)
with the United States. The U.S.-Mexico 123
Agreement entered into force on November 2,
2022. As such, and in consideration of
relevant factors, I have determined that
expanding Mexico’s generally authorized
status to cover the full scope of exports of
Part 810-controlled nuclear technology and
assistance to Mexico under 10 CFR 810.6(a)
meets the non-inimicality standard.
I therefore modify Mexico’s status as a
generally authorized destination under 10
CFR 810.6(a) to remove the current
restriction to activities related to INFCIRC/
203 Parts 1 and 2 and INFCIRC/825.
Accordingly, as of the date on which this
determination is issued, all currently issued
specific authorizations pursuant to 10 CFR
810.7(a) of exports of Part 810—controlled
nuclear technology and assistance to Mexico
are eligible for the general authorization
under 10 CFR 810.6(a), subject to the
reporting requirements described in 10 CFR
810.12(e). Initial reporting in accordance
with 10 CFR 810.12(e) may also serve to
satisfy reporting requirements under 10 CFR
810.12(b) if specified accordingly. Activities
subject to 10 CFR 810.7(b)–(c) continue to
require specific authorization.
Date: December 29, 2022.
Jennifer Granholm,
Secretary of Energy.
[FR Doc. 2023–01960 Filed 1–30–23; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Project No. 2533–062]
Brainerd Public Utilities; Notice of
Intent To Prepare an Environmental
Assessment
On March 1, 2021, Brainerd Public
Utilities filed a relicense application for
the 3.5425-megawatt Brainerd
Hydroelectric Project No. 2533 (project).
The project is located on the Mississippi
River, in the City of Brainerd, in Crow
Wing County, Minnesota. The project
does not occupy federal land.
In accordance with the Commission’s
regulations, on November 1, 2022,
Commission staff issued a notice that
the project was ready for environmental
analysis (REA notice). Based on the
information in the record, staff does not
anticipate that licensing the project
would constitute a major federal action
significantly affecting the quality of the
human environment. Therefore, staff
intends to prepare an Environmental
Assessment (EA) on the application to
relicense the project.
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]]>Agencies
[Federal Register Volume 88, Number 20 (Tuesday, January 31, 2023)]
[Notices]
[Pages 6245-6247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01961]
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DEPARTMENT OF ENERGY
Notice of Availability of Final Waste Incidental to Reprocessing
Evaluation for Vitrified Low Activity Waste and Secondary Wastes at the
Hanford Site, Washington and Waste Incidental to Reprocessing
Determination
AGENCY: U.S. Department of Energy.
ACTION: Notice of availability.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (DOE) announces the availability
of the Final Waste Incidental to Reprocessing Evaluation for Vitrified
Low-Activity Waste and Secondary Wastes at the Hanford Site, Washington
(Final WIR Evaluation) and associated Waste Incidental to Reprocessing
Determination for Vitrified Low-Activity Waste and Secondary Wastes at
the Hanford Site, Washington (WIR Determination). The WIR Determination
documents DOE's determination that vitrified low-activity waste (VLAW)
and secondary wastes generated by, or derived from, such vitrification
using the direct feed low-activity waste (DFLAW) approach are wastes
that are incidental to the reprocessing of spent nuclear fuel, are not
high-level radioactive waste (HLW), and are to be managed as low-level
radioactive waste (LLW), pursuant to DOE Order 435.1, Radioactive Waste
Management, and DOE Manual 435.1-1, Radioactive Waste Management
Manual. DOE consulted with the Nuclear Regulatory Commission (NRC) and
considered comments from States, Tribal Nations, stakeholders and the
public before preparing the Final WIR Evaluation and WIR Determination.
ADDRESSES: The Final WIR Evaluation and WIR Determination are available
on the internet at https://www.hanford.gov/page.cfm/VitrifiedLowActivityWaste for public review.
FOR FURTHER INFORMATION CONTACT: For further information about the
Final WIR Evaluation or the WIR Determination, please contact Mr. Gary
L. Pyles by mail at U.S. Department of Energy, Office of River
Protection, P.O. Box 450, MSIN H6-60, Richland, Washington 99352, by
phone at (509) 376-2670, or by email at [email protected].
SUPPLEMENTARY INFORMATION: The Hanford site currently stores
radioactive waste in underground storage tanks. The waste was
generated, in part, by the prior reprocessing of spent nuclear fuel
during the Manhattan Project and Cold War eras, for defense-related
nuclear research, development and weapons-production activities.
Hanford's current mission focuses on the cleanup and remediation of
those wastes and ultimate closure of the site. As part of that mission,
DOE is retrieving waste from the Hanford tanks, and has decided to
separate the tank waste into a low-activity waste stream and a high-
level radioactive waste stream.
The Final WIR Evaluation concerns approximately 23.5 million
gallons (Mgal) of separated, pretreated and vitrified low activity
waste from some of the underground tanks at the Hanford Site in the
State of Washington, and the secondary wastes generated by, or derived
from, such vitrification of the separated and pretreated low-activity
waste using the DFLAW approach.
The DFLAW approach is a two-phased approach that will separate and
[[Page 6246]]
pretreat supernate (essentially the upper-most layer of tank waste that
contains low concentrations of long-lived radionuclides) from the
Hanford tanks, to generate a low-activity waste (LAW) stream. For Phase
1, the DFLAW approach will begin with in-tank settling, separation
(removal by decanting) of the supernate (including dissolved saltcake
and interstitial liquids), filtration, and then cesium removal using
ion-exchange columns in a tank-side cesium removal (TSCR) unit. For
Phase 2, DOE will treat additional supernate (including dissolved
saltcake and interstitial liquids) using the same processes with either
an additional TSCR unit or a filtration and cesium removal facility.
The DFLAW approach is expected to remove more than 99 percent of the
cesium and remove other key radionuclides. After pretreatment, the LAW
stream will be sent by transfer lines to the Low Activity Waste
Vitrification Facility at the Hanford Site, where it will be vitrified
(immobilized in borosilicate glass). Approximately 13,500 containers of
vitrified waste will be produced using the DFLAW approach. DOE plans to
dispose of the VLAW in the onsite Integrated Disposal Facility (IDF), a
land disposal facility at the Hanford Site.
The Final WIR Evaluation also addresses secondary wastes generated
by, or derived from, the vitrification of the pretreated LAW using the
DFLAW approach. DOE's proposed plan is to solidify or encapsulate most
of these secondary wastes in a grout matrix at offsite, commercial
treatment facilities--either Perma-Fix Northwest in Richland,
Washington, Perma-Fix Diversified Scientific Services in Kingston,
Tennessee, or Waste Control Specialists (WCS) near Andrews, Texas,
depending on the waste stream. Thereafter, most of the secondary
wastes, generated by or derived from vitrification of the LAW using the
DFLAW approach, would be disposed of at the IDF at the Hanford Site,
and potentially, certain secondary wastes may be disposed at the WCS
Federal Waste Facility (WCS FWF) in Texas.
Implementation of the proposed offsite treatment and potential
offsite disposal is contingent upon completion of analysis and issuance
of a decision document as required by the National Environmental Policy
Act of 1969, as amended, 42 U.S.C. 4321, et seq. (NEPA). DOE has
prepared the Supplement Analysis of the Final Tank Closure and Waste
Management Environmental Impact Statement for the Hanford Site,
Richland, Washington, Offsite Secondary Waste Treatment and Disposal
(DOE/EIS-0391-SA-03), which evaluated DOE's proposal to transport and
treat certain solid and liquid secondary wastes at licensed and
permitted commercial treatment facilities off the Hanford Site. The
secondary wastes addressed in the Final WIR Evaluation and WIR
Determination are a subset of the secondary waste addressed in the
above-referenced Supplement Analysis.
The Supplement Analysis also evaluates DOE's proposal to
potentially dispose (after treatment) of some of the secondary wastes
generated by or derived from vitrification of the LAW using the DFLAW
approach, at an offsite, licensed and permitted commercial disposal
facility. The secondary wastes would be mixed LLW, regulated under the
Atomic Energy Act of 1954, as amended, and the Resource Conservation
and Recovery Act of 1976 (RCRA). The solidification or encapsulation of
the secondary wastes would treat the wastes to meet land disposal
requirements pursuant to RCRA.
DOE issued DOE Order 435.1 and DOE Manual 435.1-1 under the
authority of the Atomic Energy Act of 1954, as amended, 42 U.S.C. 2011
et seq., the Energy Reorganization Act, 42 U.S.C. 5801 et seq., and the
Department of Energy Organization Act, 42 U.S.C. 7101, et seq. DOE
Manual 435.1-1, Radioactive Waste Management Manual, which accompanies
DOE Order 435.1, Radioactive Waste Management, provides for a rigorous
evaluation process that DOE uses to determine whether certain waste
from the reprocessing of spent nuclear fuel is incidental to
reprocessing, is not HLW and may be managed as LLW. This process, set
forth in Chapter II.B.(2)(a) of DOE Manual 435.1-1, requires evaluating
and demonstrating that the wastes:
``(1) Have been processed, or will be processed, to remove key
radionuclides to the maximum extent that is technically and
economically practical; and
(2) Will be managed to meet safety requirements comparable to the
performance objectives set out in 10 CFR part 61, subpart C,
Performance Objectives; and
(3) Are to be managed, pursuant to DOE authority under the Atomic
Energy Act of 1954, as amended, and in accordance with the provisions
of Chapter IV of [DOE Manual 435.1-1], provided the waste will be
incorporated in a solid physical form at a concentration that does not
exceed the applicable concentration limits for Class C LLW as set out
in 10 CFR 61.55, Waste Classification[.]''
The Final WIR Evaluation, including its appendices and supporting
references, documents and demonstrates that the VLAW, and the secondary
waste generated by or derived from vitrification using the DFLAW
approach, will meet the above-referenced criteria in DOE Manual 435.1-
1. DOE predicated the Final WIR Evaluation on extensive analysis and
scientific rationale, using a risk-informed approach.
Specifically, the Final WIR Evaluation shows that key radionuclides
(those radionuclides which contribute most significantly to
radiological dose to workers, the public, and the environment as well
as radionuclides listed in 10 CFR 61.55) have been or will be removed
to the maximum extent technically and economically practical. The Final
WIR Evaluation also projects that potential doses to a hypothetical
member of the public and hypothetical inadvertent intruder after IDF
closure will be well below the doses specified in the performance
objectives and performance measures for LLW. In addition, the analyses
demonstrate that there is reasonable expectation that safety
requirements comparable to the NRC performance objectives at 10 CFR
part 61, subpart C will be met. For secondary wastes potentially
disposed of at the WCS FWF, the wastes would meet the waste acceptance
criteria for the WCS FWF, which would ensure that the performance
objectives, including doses, would be met for LLW disposal as set forth
in the Texas Administrative Code, which are comparable to the NRC
performance objectives. In addition, the salient secondary wastes will
be incorporated into a solid form at a concentration that does not
exceed concentration limits for Class C LLW.
DOE consulted with NRC and received comments from the States,
Tribal Nations, stakeholders and the public. After carefully
considering NRC consultation advice and comments received, and
performing additional analyses, DOE prepared the Final WIR Evaluation.
Based on the Final WIR Evaluation, DOE determined, as documented in the
associated WIR Determination, that the VLAW and secondary wastes
generated by or derived from vitrification using the DFLAW approach,
are wastes incidental to reprocessing, are non-HLW, and are to be
managed as LLW.
Signing Authority
This document of the Department of Energy was signed on January 25,
2023, by John A. Mullis II, Acting Associate Principal Deputy Assistant
Secretary for Regulatory and Policy Affairs, pursuant
[[Page 6247]]
to delegated authority from the Secretary of Energy. That document with
the original signature and date is maintained by DOE. For
administrative purposes only, and in compliance with requirements of
the Office of the Federal Register, the undersigned DOE Federal
Register Liaison Officer has been authorized to sign and submit the
document in electronic format for publication, as an official document
of the Department of Energy. This administrative process in no way
alters the legal effect of this document upon publication in the
Federal Register.
Signed in Washington, DC, on January 26, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2023-01961 Filed 1-30-23; 8:45 am]
BILLING CODE 6450-01-P
