Record of Decision for the Final Environmental Impact Statement for the Surplus Plutonium Disposition Program, 28763-28767 [2024-08390]
Download as PDF
<![CDATA[
Federal Register / Vol. 89, No. 77 / Friday, April 19, 2024 / Notices
carrier from the proposed Stage 5
Project in a volume equivalent to
approximately 899.46 Bcf/yr of natural
gas (approximately 2.46 Bcf per day) on
a non-additive basis to: (i) any country
with which the United States has
entered into a free trade agreement
(FTA) requiring national treatment for
trade in natural gas (FTA countries), and
(ii) any other country with which trade
is not prohibited by U.S. law or policy
(non-FTA countries). This Notice
applies only to the portion of the
Application requesting authority to
export LNG to non-FTA countries
pursuant to section 3(a) of the NGA.2
DOE will review the Applicants’ request
for an export authorization to FTA
countries separately pursuant to NGA
section 3(c).3
Sabine Pass Stage 5 seeks this
authorization on its own behalf and as
agent for other parties that may hold
title to the LNG at the time of export.
Sabine Pass Stage 5 requests the
authorization for a term commencing on
the earlier of the date of first export or
seven (7) years from the date of issuance
of the requested authorization and
extending through the later of (1)
December 31, 2050, or (2) a 20-year
term.
Additional details can be found in the
Application and supplement, posted on
the DOE website at: https://
www.energy.gov/fecm/articles/sabinepass-liquefaction-llc-and-sabine-passliquefaction-stage-v-llc-fecm-docket-no.
lotter on DSK11XQN23PROD with NOTICES1
DOE Evaluation
In reviewing Sabine Pass Stage 5’s
Application, DOE will consider any
issues required by law or policy under
NGA section 3(a), DOE’s regulations,
and any other documents deemed
appropriate. Parties that may oppose the
Application should address these issues
and documents in their comments and/
or protests, as well as other issues
deemed relevant to the Application. The
National Environmental Policy Act
(NEPA), 42 U.S.C. 4321 et seq., requires
DOE to give appropriate consideration
to the environmental effects of its
proposed decisions. No final decision
will be issued in this proceeding before
DOE has met its environmental
responsibilities.
Public Comment Procedures
In response to this Notice, any person
may file a protest, comments, a motion
to intervene or notice of intervention, or
request for additional procedures, as
applicable. Interested parties will be
provided 60 days from the date of
2 15
3 15
U.S.C. 717b(a).
U.S.C. 717b(c).
VerDate Sep<11>2014
02:06 Apr 19, 2024
Jkt 262001
publication of this Notice in which to
submit comments, protests, motions to
intervene, or notices of intervention.
Any person wishing to become a party
to this proceeding evaluating the
Application must file a motion to
intervene or notice of intervention. The
filing of comments or a protest with
respect to the Application will not serve
to make the commenter or protestant a
party to this proceeding, although
protests and comments received from
persons who are not parties will be
considered in determining the
appropriate action to be taken on the
Application. All protests, comments,
motions to intervene, notices of
intervention, or request for additional
procedures must meet the requirements
specified by the regulations in 10 CFR
part 590, including the service
requirements.
Filings may be submitted using one of
the following methods:
(1) Submitting the filing electronically
at fergas@hq.doe.gov;
(2) Mailing the filing to the Office of
Regulation, Analysis, and Engagement
at the address listed in the ADDRESSES
section; or
(3) Hand delivering the filing to the
Office of Regulation, Analysis, and
Engagement at the address listed in the
ADDRESSES section.
For administrative efficiency, DOE
prefers filings to be filed electronically.
All filings must include a reference to
‘‘Docket No. 24–27–LNG’’ or ‘‘Sabine
Pass Stage V Application’’ in the title
line.
For electronic submissions: Please
include all related documents and
attachments (e.g., exhibits) in the
original email correspondence. Please
do not include any active hyperlinks or
password protection in any of the
documents or attachments related to the
filing. All electronic filings submitted to
DOE must follow these guidelines to
ensure that all documents are filed in a
timely manner.
The Notice, and any filed protests,
motions to intervene, notices of
intervention, and comments will be
available electronically on the DOE
website at www.energy.gov/fecm/
regulation.
A decisional record on the
Application will be developed through
responses to this Notice by parties,
including the parties’ written comments
and replies thereto. Additional
procedures will be used as necessary to
achieve a complete understanding of the
facts and issues. If an additional
procedure is scheduled, notice will be
provided to all parties. If no party
requests additional procedures, a final
Opinion and Order may be issued based
PO 00000
Frm 00048
Fmt 4703
Sfmt 4703
28763
on the official record, including the
Application and responses filed by
parties pursuant to this Notice, in
accordance with 10 CFR 590.316.
Signed in Washington, DC, on April 15,
2024.
Amy Sweeney,
Director, Office of Regulation, Analysis, and
Engagement, Office of Resource
Sustainability.
[FR Doc. 2024–08384 Filed 4–18–24; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
National Nuclear Security
Administration
Record of Decision for the Final
Environmental Impact Statement for
the Surplus Plutonium Disposition
Program
National Nuclear Security
Administration, Department of Energy.
ACTION: Record of decision.
AGENCY:
The National Nuclear
Security Administration (NNSA), a
semi-autonomous agency within the
U.S. Department of Energy (DOE), is
issuing this Record of Decision (ROD)
for the Final Environmental Impact
Statement (EIS) for the Surplus
Plutonium Disposition Program (SPDP)
(SPDP EIS) (DOE/EIS–0549). In this
ROD, NNSA announces its decision to
use the dilute and dispose strategy,
rather than the Mixed Oxide Fuel
(MOX) Program, to permanently dispose
of 34 metric tons (MT) of plutonium
surplus to the defense needs of the
Nation (surplus defense-related
plutonium). NNSA will implement the
Base Approach Sub-alternative of the
Preferred Alternative as described and
analyzed in the SPDP EIS.
FOR FURTHER INFORMATION CONTACT: For
further information on this ROD or the
SPDP EIS, contact: Ms. Maxcine
Maxted, National Environmental Policy
Act (NEPA) Document Manager,
National Nuclear Security
Administration, Office of Material
Management and Minimization, P.O.
Box A, Bldg. 730–2B, Rm. 328, Aiken,
SC 29802; via email at SPDP-EIS@
nnsa.doe.gov; or by phone at (803) 952–
7434. This ROD, the SPDP EIS, and
related NEPA documents are available
at www.energy.gov/nnsa/nnsa-nepareading-room.
SUPPLEMENTARY INFORMATION: DOE is
currently employing the dilute and
dispose strategy to dispose of up to 13.1
MT of surplus plutonium. Recently,
NNSA announced a replanning effort to
revisit the initiation of the Pit
SUMMARY:
E:\FR\FM\19APN1.SGM
19APN1
28764
Federal Register / Vol. 89, No. 77 / Friday, April 19, 2024 / Notices
lotter on DSK11XQN23PROD with NOTICES1
Disassembly and Processing (PDP)
Project, a part of the SPDP, by
approximately 10 years. Increased
capacity for producing plutonium oxide,
which NNSA evaluated as part of the
Preferred Alternative in the SPDP EIS,
will therefore be delayed. This decision
will extend the timeline for the full 34
MT disposition mission. NNSA will
continue to dismantle surplus pits and
produce plutonium oxide at the Los
Alamos National Laboratory (LANL) and
remains fully committed to
dispositioning 34 MT of surplus
plutonium. The Surplus Plutonium
Disposition line-item project execution
at the Savannah River Site (SRS) will
continue as described in the SPDP EIS,
and NNSA will continue to dilute
surplus plutonium and ship contacthandled transuranic waste to the Waste
Isolation Pilot Plant (WIPP) for
permanent disposal. This decision will
allow NNSA to continue to remove
surplus plutonium from South Carolina
in alignment with the DOE-South
Carolina Settlement Agreement.
Background
NNSA prepared the SPDP EIS
pursuant to NEPA (title 42 U.S.C. 4321
et seq.), the Council on Environmental
Quality’s NEPA regulations (40 CFR
parts 1500–1508), and the DOE NEPA
implementing procedures (10 CFR part
1021). NNSA’s previous NEPA reviews
and decisions regarding the disposition
of surplus plutonium are summarized in
Section 1.1 of the SPDP EIS. The
following paragraphs describe recent
developments relevant to the scope of
the SPDP EIS.
In 2015, NNSA completed the Surplus
Plutonium Disposition Supplemental
Environmental Impact Statement (SPD
Supplemental EIS) (DOE/EIS–0283–S2).
In the SPD Supplemental EIS, NNSA
evaluated the environmental impacts of
alternatives for dispositioning 13.1 MT
of surplus plutonium (7.1 MT of pit
plutonium and 6 MT of non-pit
plutonium) for which a disposition path
had not been assigned. The alternatives
evaluated in the 2015 SPD
Supplemental EIS included the MOX
Fuel Alternative, the WIPP Alternative
(the WIPP Alternative is equivalent to
the dilute and dispose strategy, as used
in the SPDP EIS), and two variations of
waste immobilization. In addition,
NNSA evaluated four options for pit
disassembly and conversion (pit
disassembly and conversion is
equivalent to pit disassembly and
processing as used in the SPDP EIS)
using facilities at SRS and LANL. In a
2016 ROD, NNSA announced a decision
to disposition the 6 MT of non-pit
surplus plutonium by downblending it
VerDate Sep<11>2014
02:06 Apr 19, 2024
Jkt 262001
with an adulterant (downblending is a
process equivalent to dilution in the
dilute and dispose strategy as used in
the SPDP EIS), packaging it as defenserelated contact-handled transuranic
(CH–TRU) waste, and shipping it to the
WIPP facility for disposal (81 FR 19588).
In this 2016 ROD, NNSA also decided
to increase available downblend
capability by continuing construction
and initiating operation of the SPD
Project at SRS. NNSA did not make a
decision about the disposition of the 7.1
MT of pit plutonium or about the
various options for pit disassembly and
conversion that were analyzed in the
2015 SPD Supplemental EIS.
In May 2018, the Secretary of Energy
halted the MOX Program by waiving the
requirement to use funds for
construction and support activities for
the Mixed Oxide Fuel Fabrication
Facility in accordance with the National
Defense Authorization Act. In a letter
dated May 10, 2018 to Congress, the
Secretary of Energy certified that ‘‘the
remaining lifecycle cost for the dilute
and dispose strategy will be less than
approximately half of the estimated
remaining lifecycle cost of the MOX
Program.’’ NNSA prepared this SPDP
EIS to evaluate alternatives for
disposition of the 34 MT of surplus
plutonium previously designated for
disposition using the MOX Program
(Amended ROD 68 FR 20134, April 24,
2003) that no longer has a disposition
path because the MOX Program has
been cancelled.
In 2020, NNSA prepared a
Supplement Analysis (SA) based on the
analysis presented in the 2015 SPD
Supplemental EIS. NNSA determined
that disposition of 7.1 MT of non-pit
surplus plutonium was not a substantial
change in the action analyzed in the
2015 SPD Supplemental EIS to
disposition 7.1 MT of pit plutonium via
the WIPP Alternative, and that the
environmental impacts had been
sufficiently analyzed. NNSA
subsequently issued an Amended ROD
stating its decision to prepare an
additional 7.1 MT of non-pit surplus
plutonium for disposal as defenserelated CH–TRU waste at the WIPP
facility (85 FR 53350, August 28, 2020).
In the same 2020 Amended ROD, NNSA
also decided that non-pit metal
processing (NPMP) may be performed at
either LANL or SRS.
The 7.1 MT of non-pit surplus
plutonium referred to in the 2020
Amended ROD is part of the 34 MT of
surplus plutonium that NNSA had
decided (Amended ROD 68 FR 20134,
April 24, 2003) to disposition by
fabricating it into MOX fuel for use in
commercial reactors (i.e., the MOX
PO 00000
Frm 00049
Fmt 4703
Sfmt 4703
Program). The disposition of that 34 MT
is the subject of the SPDP EIS.
Alternatives Considered
In the SPDP EIS, NNSA analyzed the
impact of two alternatives: the Preferred
Alternative, consisting of four subalternatives, and the No Action
Alternative. Both alternatives use the
dilute and dispose strategy and both
include up to 7.1 MT of non-pit surplus
plutonium that NNSA previously
decided to dispose of (85 FR 53350)
using the dilute and dispose strategy.
NNSA’s Preferred Alternative is to use
the dilute and dispose strategy for 34
MT of surplus plutonium comprised of
both pit and non-pit plutonium. The No
Action Alternative is continued
management of the 34 MT of both pit
and non-pit plutonium, including the
disposition of up to 7.1 MT of non-pit
plutonium using the dilute and dispose
strategy based on the previous NNSA
decision (85 FR 53350). The Preferred
Alternative is the only alternative that
meets NNSA’s purpose and need to take
action.
Preferred Alternative: NNSA’s
Preferred Alternative is to use the dilute
and dispose strategy for disposal of 34
MT of surplus plutonium comprised of
both pit and non-pit surplus plutonium.
The exact amounts of pit and non-pit
forms of plutonium that compose the 34
MT are classified. To bound the
impacts, in the SPDP EIS NNSA
evaluated the impacts of dispositioning
34 MT of surplus plutonium in pit form
and the impacts of dispositioning 7.1
MT of non-pit surplus plutonium.
However, the SPDP Program would
disposition only up to 34 MT of surplus
plutonium total, not 34 MT plus 7.1 MT.
The activities that are part of the
Preferred Alternative would occur at
five DOE sites: the Pantex Plant (Pantex)
in Texas, LANL in New Mexico, SRS in
South Carolina, the Y–12 National
Security Complex (Y–12) in Tennessee,
and the WIPP facility in New Mexico.
NNSA describes the steps and
technologies involved in the Preferred
Alternative in detail in Section 2.1 of
the SPDP EIS. NNSA developed and
evaluated the impacts of four subalternatives for the Preferred Alternative
based on the location of processing
activities.
The Base Approach Sub-Alternative
involves shipping 34 MT of pit
plutonium from Pantex to LANL and
disassembling and processing (PDP) the
34 MT of pit plutonium to oxide, with
subsequent shipment of the
decontaminated and oxidized highly
enriched uranium (HEU) to Y–12. The
Base Approach Sub-Alternative also
includes processing 7.1 MT of non-pit
E:\FR\FM\19APN1.SGM
19APN1
lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 89, No. 77 / Friday, April 19, 2024 / Notices
surplus plutonium using the same
capability provided by PDP at LANL.
This sub-alternative relies on expanding
existing capabilities at LANL in the
Plutonium Facility (PF–4) and
modifying or building additional
support facilities for PDP and NPMP.
This expansion would allow NNSA to
accelerate the dilute and dispose
strategy compared to relying solely on
existing facilities at LANL. The resulting
plutonium oxide from the surplus pit
and non-pit plutonium would be
shipped to K-Area at SRS, where it
would be blended with an adulterant
and characterized and packaged (C&P)
as CH–TRU waste for shipment to and
disposal at the WIPP facility.
The SRS NPMP Sub-Alternative is
similar to the Base Approach SubAlternative: NNSA would ship 34 MT of
pit plutonium from Pantex to LANL
where PDP would take place in PF–4. In
the SRS NPMP Sub-Alternative, NNSA
would ship the decontaminated and
oxidized HEU to Y–12. PDP would be
followed by shipment of the resulting
plutonium oxide to SRS (K-Area).
Unlike the Base Approach SubAlternative, NPMP would not take place
at LANL. Instead of processing 7.1 MT
of non-pit surplus plutonium would
occur at SRS’s K-Area either in Building
105–K or in a modular system adjacent
to the building. Similar to the Base
Approach Sub-Alternative, the SRS
NPMP Sub-Alternative plutonium oxide
would be blended with an adulterant
and characterized and packaged as CH–
TRU waste for shipment to and disposal
at the WIPP facility.
For the All LANL Sub-Alternative,
NNSA would use only capabilities at
LANL for the entire disposition
pathway. Like the Base Approach SubAlternative, under the All LANL SubAlternative NNSA would ship 34 MT of
pit plutonium from Pantex to LANL for
PDP in PF–4 with subsequent shipment
of the decontaminated and oxidized
HEU to Y–12. In the All LANL SubAlternative, processing 7.1 MT of nonpit surplus plutonium would occur at
LANL in PF–4. Unlike the Base
Approach Sub-Alternative, the resulting
plutonium oxide would remain at LANL
for dilution and C&P before shipment to
and disposal at the WIPP facility as CH–
TRU waste.
For the All SRS Sub-Alternative,
NNSA would use only capabilities at
SRS. NNSA would ship 34 MT of pit
plutonium from Pantex to SRS. PDP
would take place in a new capability
installed at SRS in either K-Area or FArea. NNSA would ship the
decontaminated and oxidized HEU to
Y–12. Processing 7.1 MT of non-pit
surplus plutonium would use new
VerDate Sep<11>2014
02:06 Apr 19, 2024
Jkt 262001
capability provided by PDP. The
resulting plutonium oxide would
remain at SRS for dilution and C&P
before shipment to and disposal at the
WIPP facility as CH–TRU waste.
No Action Alternative: NNSA’s No
Action Alternative for dispositioning 34
MT of surplus plutonium is continued
management of 34 MT of surplus
plutonium. This includes (1) continued
storage of pits at Pantex, (2) the
continued plutonium mission at LANL
to process up to 400 kg of actinides
(including surplus plutonium) a year as
announced in NNSA’s 2008 LANL
SWEIS ROD (73 FR 55833), and (3)
disposition of up to 7.1 MT of non-pit
surplus plutonium for which the
disposition decision, using the dilute
and dispose strategy, was announced in
NNSA’s 2020 Amended ROD (85 FR
53350). NNSA describes the steps and
technologies involved in the No Action
Alternative in detail in Section 2.1.2 of
the SPDP EIS.
NPMP of up to 7.1 MT could be
performed in the existing furnaces
installed in gloveboxes at LANL’s PF–4
or in a NPMP capability that would be
built at Building 105–K in K-Area at
SRS. If NPMP occurs at LANL, the
resulting plutonium oxide would be
shipped to SRS for dilution and C&P
and subsequently shipped from K-Area
to the WIPP facility for disposal as CH–
TRU waste.
Environmentally Preferrable
Alternative
The No Action Alternative, using only
existing facilities at LANL and SRS,
would require no new land disturbance
or construction. In addition, the lesser
quantity of plutonium that would be
processed would result in fewer
emissions and a smaller volume of CH–
TRU waste for disposal at the WIPP
facility. The No Action Alternative is
therefore the environmental preferable
alternative. However, the No Action
Alternative does not meet NNSA’s
mission need.
Potential Environmental Impacts of
Preferred Alternative
NNSA estimated the potential
environmental impacts of the Preferred
Alternative, the Sub-Alternatives, and
the No Action Alternative on air quality,
visual resources, human health,
socioeconomics, waste management,
transportation, environmental justice,
land resources, geology and soils, water
resources, noise, ecological resources,
cultural resources, infrastructure, and
the global commons. NNSA also
evaluated the potential impacts of the
irreversible and irretrievable
commitment of resources, the short-term
PO 00000
Frm 00050
Fmt 4703
Sfmt 4703
28765
uses of the environment, and the
maintenance and enhancement of longterm productivity. These analyses and
results for the 34 MT of surplus
plutonium are described in the
Summary and Section 4 of the Final
SPDP EIS. Table S–10 of the Final SPDP
EIS Summary provides a summary of
potential environmental impacts
associated with each alternative as well
as a means for comparing the potential
impacts among alternatives and subAlternatives. A full discussion of the
impacts for all resources is found in
Section 4.0 of Volume 1. Appendix C in
Volume 2 contains the detailed
potential environmental impacts broken
out by activity and site (LANL and SRS),
as well as impacts across the sites under
each of the alternatives and subalternatives. NNSA determined that the
impacts of the Preferred Alternative at
both LANL and SRS are minor to
negligible for land use and visual
resources, air quality, noise, geology and
soils, water resources, human health
(chemical use), and waste management.
NNSA finds that impacts at both sites
from radiological releases during normal
operations and impacts on other
resources are small and within the
bounds of existing regulations.
DOE has authorized WIPP to use
fiscal year (FY) 2050 as a planning
assumption for a closure date for project
management plans related to capital
asset projects and other strategic
planning initiatives. Therefore, for the
purpose of estimating impacts, NNSA
chose fiscal year (FY) 2050 as the date
for completion of the 34 MT mission
described in the SPDP EIS. NNSA
estimated operational durations based
on process throughputs that would
result in mission completion in FY
2050. Because NNSA has decided to
revisit the timing for initiation of the
PDP, the 34 MT mission will not be
completed by 2050. As a result, the
annual impacts NNSA estimated in the
SPDP EIS are greater than the impacts
that will result from implementation of
the Preferred Alternative without the
PDP Project. The impact analysis of the
Preferred Alternative assumed the PDP
Project would be operational in
approximately 2030. In addition,
construction impacts, except for those
associated with the SPD Project at SRS,
will not occur until the PDP Project is
initiated.
Public Involvement
On December 16, 2020, NNSA
published a Notice of Intent (NOI) to
prepare this SPDP EIS in the Federal
Register (85 FR 81460) announcing a 45day public scoping period ending
February 1, 2021. NNSA extended the
E:\FR\FM\19APN1.SGM
19APN1
lotter on DSK11XQN23PROD with NOTICES1
28766
Federal Register / Vol. 89, No. 77 / Friday, April 19, 2024 / Notices
scoping period to February 18, 2021.
The NOI also provided information
regarding NNSA’s overall NEPA strategy
related to fulfilling the purpose and
need to disposition 34 MT of surplus
plutonium. Considering the public
health concerns at the time, NNSA held
virtual public scoping meetings on
January 25 and 26, 2021, to discuss the
SPDP EIS and to receive comments on
the potential scope of the SPDP EIS. In
addition to the scoping meetings, NNSA
encouraged members of the public to
provide comments via U.S. postal mail,
email, or telephone. NNSA received 279
comment documents related to the
project scope during the public scoping
process. NNSA considered all
comments received during the public
scoping process including some
received after the close of the comment
period, when preparing the Draft SPDP
EIS. A summary of the comments,
including an indication of how NNSA
addressed the comments, was published
in the Draft SPDP EIS.
In accordance with NEPA regulations,
the Draft SPDP EIS was provided to the
public for comment on December 16,
2022, with publication of a Notice of
Availability (NOA) in the Federal
Register (87 FR 77096). Publication of
the U.S. Environmental Protection
Agency’s NOA (87 FR 77106) on the
same day started a 60-day public
comment period that originally ran
through February 14, 2023, and was
extended 30 days until March 16, 2023,
resulting from requests from the public.
The Environmental Protection Agency
announced the comment period
extension in a February 10, 2023, Notice
in the Federal Register. NNSA held inperson public hearings at locations near
SRS, the WIPP facility, and LANL on
January 19, 24, and 26, 2023,
respectively, and a virtual public
hearing on January 30, 2023, to present
preliminary findings and to provide the
public, governmental entities including
Native American Tribes, and other
stakeholders the opportunity to
comment on the Draft SPDP EIS.
The NOA encouraged members of the
public to provide comments on the Draft
EIS. NNSA considered all comments
carefully and equally. After considering
the comments, NNSA revised the Draft
SPDP EIS. The primary changes found
in the Final SPDP EIS that resulted from
public comments include clarification
related to (1) pit and non-pit
terminology and descriptions, (2)
facility throughputs, (3) various
plutonium disposition pathways NNSA
had determined, and (4) assumptions
used in technical calculations and
analyses. In addition, NNSA included
background information on plutonium
VerDate Sep<11>2014
02:06 Apr 19, 2024
Jkt 262001
and americium-241 in the Final SPDP
EIS and updated radiological health
information to address potential impacts
to surrounding communities. NNSA
provided responses to comments in
Volume 3 of the Final SPDP EIS.
Volume 3 includes a detailed
description of the public comment
process and copies of correspondence
received on the Draft SPDP EIS. In
addition to changes made in the Final
SPDP EIS in response to public
comments, NNSA also made changes to
update the environmental baseline
information, update analyses based on
more recent information, correct
inaccuracies, and to clarify text.
NNSA invited 24 Native American
groups with ties to the land on or in the
vicinity of the SRS and LANL sites to
participate in Government-toGovernment consultations and offered
briefings on the Draft SPDP EIS. The
initial meeting was held on December 6,
2022. The Pueblo de San Ildefonso
requested an additional consultation
meeting to discuss the program and
potential impacts from the SPDP. The
meeting with the San Ildefonso Pueblo
leadership and attorneys was held on
January 31, 2023.
Comments on the Final Surplus
Plutonium Disposition Program EIS
NNSA posted the Final SPDP EIS on
the NNSA NEPA Reading Room website
(www.energy.gov/nnsa/nnsanepareading-room) and EPA published
a NOA in the Federal Register (89 FR
3653, January 19, 2024). NNSA also
published a NOA of the Final SPDP EIS
in the Federal Register on January 19,
2024 (89 FR 3642). In response to these
Notices, NNSA received three comment
documents related to the Final SPDP
EIS. NNSA considered each of the
comments contained in these
documents during the preparation of
this ROD.
Decision
NNSA has decided to implement the
Preferred Alternative, Base Approach
Sub-alternative, to continue the 34 MT
surplus plutonium disposition mission.
This decision changes the program of
record for surplus plutonium
disposition from the MOX Program to
the dilute and dispose strategy. NNSA
will continue to dismantle surplus pits
and produce plutonium oxide in the
Advanced Recovery and Integrated
Extraction System (ARIES) facility at
LANL. Because the MOX Program has
been terminated, NNSA has decided to
use existing and future inventories of
plutonium oxide from the ARIES facility
as feedstock for the dilute and dispose
PO 00000
Frm 00051
Fmt 4703
Sfmt 4703
strategy. NNSA does not plan to expand
the ARIES footprint at this time.
Using the dilute and dispose strategy,
NNSA will disassemble pits, convert pit
and non-pit plutonium metal to oxide,
and blend surplus plutonium in oxide
form with an adulterant. The blended
material will be compressed into a steel
container (called the robust outer
container (ROC)) for radiation control,
then the ROC will be enclosed in a
further container for contamination
control. These ROC containers are then
placed in overpacks and disposed of as
defense-related CH–TRU waste
underground at the WIPP facility.
This decision will require the use of
existing facilities at Pantex, LANL, SRS,
Y–12, and WIPP, and completion and
operation of the SPD Project at SRS.
Implementation will involve (1)
continued transfer of surplus pits from
Pantex to LANL, (2) continued
operation of the existing ARIES process
at LANL to oxidize pit and non-pit
plutonium, until a decision on the PDP
Project is made, (3) transfer of
plutonium oxide from LANL to SRS, (4)
continued operation of existing dilution
capability and operation of the Surplus
Plutonium Disposition Project at SRS to
dilute plutonium oxide, transferred
from LANL or currently stored at SRS,
with an adulterant, (5) characterization
and packaging of defense-related CH–
TRU waste and transfer to WIPP, and (6)
disposal in the WIPP underground.
Recently, NNSA announced a
decision to replan the timeline for the
Pit Disassembly and Processing (PDP)
Project, delaying initiation of the PDP
for approximately 10 years. Increased
capacity for producing plutonium oxide,
which NNSA evaluated as part of the
Preferred Alternative in the SPDP EIS,
will therefore be available later than
originally planned, extending the
timeline for the full 34 MT disposition
mission. NNSA will determine whether
it needs to prepare any additional NEPA
analysis and complete that review prior
to initiating any new facility to increase
plutonium oxidation capacity.
Basis for Decision
In 2003 (Amended ROD 68 FR 20134,
Apr. 24, 2003), NNSA decided to use
the MOX Program to disposition 34 MT
of surplus plutonium. Construction on
the Mixed Oxide Fuel Fabrication
Facility (MFFF) at SRS began in 2008.
In 2016, NNSA, partnering with the U.S.
Army Corps of Engineers, developed an
independent cost estimate for the MFFF
project, and concluded that the cost of
the project, upon completion of
construction, would be approximately
$17 billion, and construction would not
be complete until 2048. Congress
E:\FR\FM\19APN1.SGM
19APN1
lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 89, No. 77 / Friday, April 19, 2024 / Notices
directed NNSA to prepare a lifecycle
cost estimate for disposal of surplus
plutonium using the dilute and dispose
strategy. The completed cost estimate
indicated that the estimate-to-complete
lifecycle cost of the dilute and dispose
strategy would be substantially lower
than the cost to complete the MOX
Program. In response, the Secretary of
Energy halted construction of the MFFF
in May 2018 by waiving the requirement
to use funds for MFFF construction as
required by the National Defense
Authorization Act of 2018. In a letter
dated May 10, 2018, the Secretary of
Energy certified ‘‘that the remaining
lifecycle cost for the dilute and dispose
approach will be less than
approximately half of the estimated
remaining lifecycle cost of the MOX fuel
program.’’ In 2018, NNSA terminated
construction of the MFFF. In 2019, the
U.S. Nuclear Regulatory Commission
(NRC) terminated the construction
license for MFFF. With the end of the
MOX project there was no longer a
disposition path for the 34 MT of
surplus plutonium that had been
designated for disposition as MOX fuel.
The decision to use the dilute and
dispose strategy for disposition of the 34
MT of surplus plutonium allows NNSA
to make the maximum use of existing,
proven technologies and operating
facilities.
Construction of the SPD Project will
continue consistent with DOE’s 2016
decision (81 FR 19588). When it
becomes operational, the project’s three
new gloveboxes for dilution will
significantly increase throughput
capacity. Other aspects of the SPD
Program, including pit transfer from
Pantex, ARIES operation at LANL, the
capability to transfer plutonium oxide
from LANL to SRS, dilution, assay, and
shipment of resulting CH–TRU waste to
WIPP for emplacement in the
underground, are operational and
require no upgrades or modifications to
continue operations. This decision will
result in continued progress toward the
disposition of 34 MT of surplus
plutonium while eliminating potential
conflicts with ongoing construction
projects and new missions within the
nuclear security enterprise.
After analyzing options for expanding
a PDP capability at SRS or LANL and
considering the current high volume of
major construction projects across the
nuclear security enterprise, NNSA has
decided to revisit the initiation of the
PDP capital line-item project. This will
result in initiation of the PDP project in
the mid-2030s rather than the mid2020s. NNSA may re-evaluate this
decision as conditions change in the
nuclear security enterprise. In the
VerDate Sep<11>2014
02:06 Apr 19, 2024
Jkt 262001
meantime, NNSA will continue to
dismantle surplus pits and produce
plutonium oxide at LANL and remains
fully committed to dispositioning 34
MT of surplus plutonium.
The Surplus Plutonium Disposition
line-item project execution at SRS will
continue as planned and NNSA will
continue to dilute and ship
downblended plutonium as defenserelated contact handled transuranic
waste to the Waste Isolation Pilot Plant
for permanent disposal. This decision
will allow NNSA to focus on removal of
material from South Carolina in
alignment with the DOE-South Carolina
Settlement Agreement.
Mitigation Measures
Operations at each facility involved in
the SPD Program would result in
airborne emissions of various
pollutants, including radionuclides, and
organic and inorganic constituents.
These emissions would continue to be
controlled using Best Available Control
Technology to ensure that emissions are
compliant with applicable standards.
Impacts would be controlled by use of
glovebox confinement, packaging as
applicable, and confinement and air
filtration systems to remove radioactive
particulates before discharging process
exhaust air to the atmosphere.
Occupational safety risks to workers
would be limited by adherence to
Federal and state laws, Occupational
Safety and Health Administration
regulations, NNSA requirements
including regulations and orders, and
plans and procedures for performing
work. NNSA facility operations adhere
to programs to ensure the reduction of
human health and safety impacts.
Workers are protected from specific
hazards by use of engineering and
administrative controls, use of personal
protective equipment, and monitoring
and training. Implementation of DOE’s
required Radiological Protection
Program limits impacts by ensuring that
radiological exposures and doses to all
personnel are maintained As Low As
Reasonably Achievable and by
providing job specific instructions to the
facility workers regarding the use of
personal protective equipment.
The Emergency Preparedness Program
required for each site mitigates potential
accident consequences by ensuring that
appropriate organizations are available
to respond to emergency situations and
take appropriate actions to recover from
accident events, while reducing the
spread of contamination and protecting
facility personnel and the public.
PO 00000
Frm 00052
Fmt 4703
Sfmt 4703
28767
Signing Authority
This document of the Department of
Energy was signed on April 3, 2024, by
Jill Hruby, Under Secretary for Nuclear
Security and Administrator, NNSA,
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 April 16,
2024.
Treena V. Garrett,
Federal Register Liaison Officer, U.S.
Department of Energy.
[FR Doc. 2024–08390 Filed 4–18–24; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Western Area Power Administration
Boulder Canyon Project
Western Area Power
Administration, DOE.
ACTION: Notice of proposed fiscal year
2025 Boulder Canyon Project base
charge and rates for electric service.
AGENCY:
The Desert Southwest region
(DSW) of the Western Area Power
Administration (WAPA) proposes an
adjustment to the fiscal year (FY) 2025
base charge and rates for Boulder
Canyon Project (BCP) electric service
under Rate Schedule BCP–F11. The
proposed FY 2025 base charge is
unchanged from FY 2024 and will
remain at $74.3 million. The proposed
base charge and rates would go into
effect on October 1, 2024, and remain in
effect through September 30, 2025.
Publication of this Federal Register
notice will initiate the public process.
DATES: A consultation and comment
period begins today and will end July
18, 2024. DSW will present a detailed
explanation of the proposed FY 2025
base charge and rates at a public
information forum on May 20, 2024,
from 10 a.m. Mountain Standard Time
to no later than 12 p.m. Mountain
Standard Time. DSW will also host a
public comment forum on June 18,
2024, from 10 a.m. Mountain Standard
Time to no later than 12 p.m. Mountain
SUMMARY:
E:\FR\FM\19APN1.SGM
19APN1
]]>Agencies
[Federal Register Volume 89, Number 77 (Friday, April 19, 2024)]
[Notices]
[Pages 28763-28767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08390]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
National Nuclear Security Administration
Record of Decision for the Final Environmental Impact Statement
for the Surplus Plutonium Disposition Program
AGENCY: National Nuclear Security Administration, Department of Energy.
ACTION: Record of decision.
-----------------------------------------------------------------------
SUMMARY: The National Nuclear Security Administration (NNSA), a semi-
autonomous agency within the U.S. Department of Energy (DOE), is
issuing this Record of Decision (ROD) for the Final Environmental
Impact Statement (EIS) for the Surplus Plutonium Disposition Program
(SPDP) (SPDP EIS) (DOE/EIS-0549). In this ROD, NNSA announces its
decision to use the dilute and dispose strategy, rather than the Mixed
Oxide Fuel (MOX) Program, to permanently dispose of 34 metric tons (MT)
of plutonium surplus to the defense needs of the Nation (surplus
defense-related plutonium). NNSA will implement the Base Approach Sub-
alternative of the Preferred Alternative as described and analyzed in
the SPDP EIS.
FOR FURTHER INFORMATION CONTACT: For further information on this ROD or
the SPDP EIS, contact: Ms. Maxcine Maxted, National Environmental
Policy Act (NEPA) Document Manager, National Nuclear Security
Administration, Office of Material Management and Minimization, P.O.
Box A, Bldg. 730-2B, Rm. 328, Aiken, SC 29802; via email at [email protected]; or by phone at (803) 952-7434. This ROD, the SPDP
EIS, and related NEPA documents are available at www.energy.gov/nnsa/nnsa-nepa-reading-room.
SUPPLEMENTARY INFORMATION: DOE is currently employing the dilute and
dispose strategy to dispose of up to 13.1 MT of surplus plutonium.
Recently, NNSA announced a replanning effort to revisit the initiation
of the Pit
[[Page 28764]]
Disassembly and Processing (PDP) Project, a part of the SPDP, by
approximately 10 years. Increased capacity for producing plutonium
oxide, which NNSA evaluated as part of the Preferred Alternative in the
SPDP EIS, will therefore be delayed. This decision will extend the
timeline for the full 34 MT disposition mission. NNSA will continue to
dismantle surplus pits and produce plutonium oxide at the Los Alamos
National Laboratory (LANL) and remains fully committed to
dispositioning 34 MT of surplus plutonium. The Surplus Plutonium
Disposition line-item project execution at the Savannah River Site
(SRS) will continue as described in the SPDP EIS, and NNSA will
continue to dilute surplus plutonium and ship contact-handled
transuranic waste to the Waste Isolation Pilot Plant (WIPP) for
permanent disposal. This decision will allow NNSA to continue to remove
surplus plutonium from South Carolina in alignment with the DOE-South
Carolina Settlement Agreement.
Background
NNSA prepared the SPDP EIS pursuant to NEPA (title 42 U.S.C. 4321
et seq.), the Council on Environmental Quality's NEPA regulations (40
CFR parts 1500-1508), and the DOE NEPA implementing procedures (10 CFR
part 1021). NNSA's previous NEPA reviews and decisions regarding the
disposition of surplus plutonium are summarized in Section 1.1 of the
SPDP EIS. The following paragraphs describe recent developments
relevant to the scope of the SPDP EIS.
In 2015, NNSA completed the Surplus Plutonium Disposition
Supplemental Environmental Impact Statement (SPD Supplemental EIS)
(DOE/EIS-0283-S2). In the SPD Supplemental EIS, NNSA evaluated the
environmental impacts of alternatives for dispositioning 13.1 MT of
surplus plutonium (7.1 MT of pit plutonium and 6 MT of non-pit
plutonium) for which a disposition path had not been assigned. The
alternatives evaluated in the 2015 SPD Supplemental EIS included the
MOX Fuel Alternative, the WIPP Alternative (the WIPP Alternative is
equivalent to the dilute and dispose strategy, as used in the SPDP
EIS), and two variations of waste immobilization. In addition, NNSA
evaluated four options for pit disassembly and conversion (pit
disassembly and conversion is equivalent to pit disassembly and
processing as used in the SPDP EIS) using facilities at SRS and LANL.
In a 2016 ROD, NNSA announced a decision to disposition the 6 MT of
non-pit surplus plutonium by downblending it with an adulterant
(downblending is a process equivalent to dilution in the dilute and
dispose strategy as used in the SPDP EIS), packaging it as defense-
related contact-handled transuranic (CH-TRU) waste, and shipping it to
the WIPP facility for disposal (81 FR 19588). In this 2016 ROD, NNSA
also decided to increase available downblend capability by continuing
construction and initiating operation of the SPD Project at SRS. NNSA
did not make a decision about the disposition of the 7.1 MT of pit
plutonium or about the various options for pit disassembly and
conversion that were analyzed in the 2015 SPD Supplemental EIS.
In May 2018, the Secretary of Energy halted the MOX Program by
waiving the requirement to use funds for construction and support
activities for the Mixed Oxide Fuel Fabrication Facility in accordance
with the National Defense Authorization Act. In a letter dated May 10,
2018 to Congress, the Secretary of Energy certified that ``the
remaining lifecycle cost for the dilute and dispose strategy will be
less than approximately half of the estimated remaining lifecycle cost
of the MOX Program.'' NNSA prepared this SPDP EIS to evaluate
alternatives for disposition of the 34 MT of surplus plutonium
previously designated for disposition using the MOX Program (Amended
ROD 68 FR 20134, April 24, 2003) that no longer has a disposition path
because the MOX Program has been cancelled.
In 2020, NNSA prepared a Supplement Analysis (SA) based on the
analysis presented in the 2015 SPD Supplemental EIS. NNSA determined
that disposition of 7.1 MT of non-pit surplus plutonium was not a
substantial change in the action analyzed in the 2015 SPD Supplemental
EIS to disposition 7.1 MT of pit plutonium via the WIPP Alternative,
and that the environmental impacts had been sufficiently analyzed. NNSA
subsequently issued an Amended ROD stating its decision to prepare an
additional 7.1 MT of non-pit surplus plutonium for disposal as defense-
related CH-TRU waste at the WIPP facility (85 FR 53350, August 28,
2020). In the same 2020 Amended ROD, NNSA also decided that non-pit
metal processing (NPMP) may be performed at either LANL or SRS.
The 7.1 MT of non-pit surplus plutonium referred to in the 2020
Amended ROD is part of the 34 MT of surplus plutonium that NNSA had
decided (Amended ROD 68 FR 20134, April 24, 2003) to disposition by
fabricating it into MOX fuel for use in commercial reactors (i.e., the
MOX Program). The disposition of that 34 MT is the subject of the SPDP
EIS.
Alternatives Considered
In the SPDP EIS, NNSA analyzed the impact of two alternatives: the
Preferred Alternative, consisting of four sub-alternatives, and the No
Action Alternative. Both alternatives use the dilute and dispose
strategy and both include up to 7.1 MT of non-pit surplus plutonium
that NNSA previously decided to dispose of (85 FR 53350) using the
dilute and dispose strategy. NNSA's Preferred Alternative is to use the
dilute and dispose strategy for 34 MT of surplus plutonium comprised of
both pit and non-pit plutonium. The No Action Alternative is continued
management of the 34 MT of both pit and non-pit plutonium, including
the disposition of up to 7.1 MT of non-pit plutonium using the dilute
and dispose strategy based on the previous NNSA decision (85 FR 53350).
The Preferred Alternative is the only alternative that meets NNSA's
purpose and need to take action.
Preferred Alternative: NNSA's Preferred Alternative is to use the
dilute and dispose strategy for disposal of 34 MT of surplus plutonium
comprised of both pit and non-pit surplus plutonium. The exact amounts
of pit and non-pit forms of plutonium that compose the 34 MT are
classified. To bound the impacts, in the SPDP EIS NNSA evaluated the
impacts of dispositioning 34 MT of surplus plutonium in pit form and
the impacts of dispositioning 7.1 MT of non-pit surplus plutonium.
However, the SPDP Program would disposition only up to 34 MT of surplus
plutonium total, not 34 MT plus 7.1 MT. The activities that are part of
the Preferred Alternative would occur at five DOE sites: the Pantex
Plant (Pantex) in Texas, LANL in New Mexico, SRS in South Carolina, the
Y-12 National Security Complex (Y-12) in Tennessee, and the WIPP
facility in New Mexico. NNSA describes the steps and technologies
involved in the Preferred Alternative in detail in Section 2.1 of the
SPDP EIS. NNSA developed and evaluated the impacts of four sub-
alternatives for the Preferred Alternative based on the location of
processing activities.
The Base Approach Sub-Alternative involves shipping 34 MT of pit
plutonium from Pantex to LANL and disassembling and processing (PDP)
the 34 MT of pit plutonium to oxide, with subsequent shipment of the
decontaminated and oxidized highly enriched uranium (HEU) to Y-12. The
Base Approach Sub-Alternative also includes processing 7.1 MT of non-
pit
[[Page 28765]]
surplus plutonium using the same capability provided by PDP at LANL.
This sub-alternative relies on expanding existing capabilities at LANL
in the Plutonium Facility (PF-4) and modifying or building additional
support facilities for PDP and NPMP. This expansion would allow NNSA to
accelerate the dilute and dispose strategy compared to relying solely
on existing facilities at LANL. The resulting plutonium oxide from the
surplus pit and non-pit plutonium would be shipped to K-Area at SRS,
where it would be blended with an adulterant and characterized and
packaged (C&P) as CH-TRU waste for shipment to and disposal at the WIPP
facility.
The SRS NPMP Sub-Alternative is similar to the Base Approach Sub-
Alternative: NNSA would ship 34 MT of pit plutonium from Pantex to LANL
where PDP would take place in PF-4. In the SRS NPMP Sub-Alternative,
NNSA would ship the decontaminated and oxidized HEU to Y-12. PDP would
be followed by shipment of the resulting plutonium oxide to SRS (K-
Area). Unlike the Base Approach Sub-Alternative, NPMP would not take
place at LANL. Instead of processing 7.1 MT of non-pit surplus
plutonium would occur at SRS's K-Area either in Building 105-K or in a
modular system adjacent to the building. Similar to the Base Approach
Sub-Alternative, the SRS NPMP Sub-Alternative plutonium oxide would be
blended with an adulterant and characterized and packaged as CH-TRU
waste for shipment to and disposal at the WIPP facility.
For the All LANL Sub-Alternative, NNSA would use only capabilities
at LANL for the entire disposition pathway. Like the Base Approach Sub-
Alternative, under the All LANL Sub-Alternative NNSA would ship 34 MT
of pit plutonium from Pantex to LANL for PDP in PF-4 with subsequent
shipment of the decontaminated and oxidized HEU to Y-12. In the All
LANL Sub-Alternative, processing 7.1 MT of non-pit surplus plutonium
would occur at LANL in PF-4. Unlike the Base Approach Sub-Alternative,
the resulting plutonium oxide would remain at LANL for dilution and C&P
before shipment to and disposal at the WIPP facility as CH-TRU waste.
For the All SRS Sub-Alternative, NNSA would use only capabilities
at SRS. NNSA would ship 34 MT of pit plutonium from Pantex to SRS. PDP
would take place in a new capability installed at SRS in either K-Area
or F-Area. NNSA would ship the decontaminated and oxidized HEU to Y-12.
Processing 7.1 MT of non-pit surplus plutonium would use new capability
provided by PDP. The resulting plutonium oxide would remain at SRS for
dilution and C&P before shipment to and disposal at the WIPP facility
as CH-TRU waste.
No Action Alternative: NNSA's No Action Alternative for
dispositioning 34 MT of surplus plutonium is continued management of 34
MT of surplus plutonium. This includes (1) continued storage of pits at
Pantex, (2) the continued plutonium mission at LANL to process up to
400 kg of actinides (including surplus plutonium) a year as announced
in NNSA's 2008 LANL SWEIS ROD (73 FR 55833), and (3) disposition of up
to 7.1 MT of non-pit surplus plutonium for which the disposition
decision, using the dilute and dispose strategy, was announced in
NNSA's 2020 Amended ROD (85 FR 53350). NNSA describes the steps and
technologies involved in the No Action Alternative in detail in Section
2.1.2 of the SPDP EIS.
NPMP of up to 7.1 MT could be performed in the existing furnaces
installed in gloveboxes at LANL's PF-4 or in a NPMP capability that
would be built at Building 105-K in K-Area at SRS. If NPMP occurs at
LANL, the resulting plutonium oxide would be shipped to SRS for
dilution and C&P and subsequently shipped from K-Area to the WIPP
facility for disposal as CH-TRU waste.
Environmentally Preferrable Alternative
The No Action Alternative, using only existing facilities at LANL
and SRS, would require no new land disturbance or construction. In
addition, the lesser quantity of plutonium that would be processed
would result in fewer emissions and a smaller volume of CH-TRU waste
for disposal at the WIPP facility. The No Action Alternative is
therefore the environmental preferable alternative. However, the No
Action Alternative does not meet NNSA's mission need.
Potential Environmental Impacts of Preferred Alternative
NNSA estimated the potential environmental impacts of the Preferred
Alternative, the Sub-Alternatives, and the No Action Alternative on air
quality, visual resources, human health, socioeconomics, waste
management, transportation, environmental justice, land resources,
geology and soils, water resources, noise, ecological resources,
cultural resources, infrastructure, and the global commons. NNSA also
evaluated the potential impacts of the irreversible and irretrievable
commitment of resources, the short-term uses of the environment, and
the maintenance and enhancement of long-term productivity. These
analyses and results for the 34 MT of surplus plutonium are described
in the Summary and Section 4 of the Final SPDP EIS. Table S-10 of the
Final SPDP EIS Summary provides a summary of potential environmental
impacts associated with each alternative as well as a means for
comparing the potential impacts among alternatives and sub-
Alternatives. A full discussion of the impacts for all resources is
found in Section 4.0 of Volume 1. Appendix C in Volume 2 contains the
detailed potential environmental impacts broken out by activity and
site (LANL and SRS), as well as impacts across the sites under each of
the alternatives and sub-alternatives. NNSA determined that the impacts
of the Preferred Alternative at both LANL and SRS are minor to
negligible for land use and visual resources, air quality, noise,
geology and soils, water resources, human health (chemical use), and
waste management. NNSA finds that impacts at both sites from
radiological releases during normal operations and impacts on other
resources are small and within the bounds of existing regulations.
DOE has authorized WIPP to use fiscal year (FY) 2050 as a planning
assumption for a closure date for project management plans related to
capital asset projects and other strategic planning initiatives.
Therefore, for the purpose of estimating impacts, NNSA chose fiscal
year (FY) 2050 as the date for completion of the 34 MT mission
described in the SPDP EIS. NNSA estimated operational durations based
on process throughputs that would result in mission completion in FY
2050. Because NNSA has decided to revisit the timing for initiation of
the PDP, the 34 MT mission will not be completed by 2050. As a result,
the annual impacts NNSA estimated in the SPDP EIS are greater than the
impacts that will result from implementation of the Preferred
Alternative without the PDP Project. The impact analysis of the
Preferred Alternative assumed the PDP Project would be operational in
approximately 2030. In addition, construction impacts, except for those
associated with the SPD Project at SRS, will not occur until the PDP
Project is initiated.
Public Involvement
On December 16, 2020, NNSA published a Notice of Intent (NOI) to
prepare this SPDP EIS in the Federal Register (85 FR 81460) announcing
a 45-day public scoping period ending February 1, 2021. NNSA extended
the
[[Page 28766]]
scoping period to February 18, 2021. The NOI also provided information
regarding NNSA's overall NEPA strategy related to fulfilling the
purpose and need to disposition 34 MT of surplus plutonium. Considering
the public health concerns at the time, NNSA held virtual public
scoping meetings on January 25 and 26, 2021, to discuss the SPDP EIS
and to receive comments on the potential scope of the SPDP EIS. In
addition to the scoping meetings, NNSA encouraged members of the public
to provide comments via U.S. postal mail, email, or telephone. NNSA
received 279 comment documents related to the project scope during the
public scoping process. NNSA considered all comments received during
the public scoping process including some received after the close of
the comment period, when preparing the Draft SPDP EIS. A summary of the
comments, including an indication of how NNSA addressed the comments,
was published in the Draft SPDP EIS.
In accordance with NEPA regulations, the Draft SPDP EIS was
provided to the public for comment on December 16, 2022, with
publication of a Notice of Availability (NOA) in the Federal Register
(87 FR 77096). Publication of the U.S. Environmental Protection
Agency's NOA (87 FR 77106) on the same day started a 60-day public
comment period that originally ran through February 14, 2023, and was
extended 30 days until March 16, 2023, resulting from requests from the
public. The Environmental Protection Agency announced the comment
period extension in a February 10, 2023, Notice in the Federal
Register. NNSA held in-person public hearings at locations near SRS,
the WIPP facility, and LANL on January 19, 24, and 26, 2023,
respectively, and a virtual public hearing on January 30, 2023, to
present preliminary findings and to provide the public, governmental
entities including Native American Tribes, and other stakeholders the
opportunity to comment on the Draft SPDP EIS.
The NOA encouraged members of the public to provide comments on the
Draft EIS. NNSA considered all comments carefully and equally. After
considering the comments, NNSA revised the Draft SPDP EIS. The primary
changes found in the Final SPDP EIS that resulted from public comments
include clarification related to (1) pit and non-pit terminology and
descriptions, (2) facility throughputs, (3) various plutonium
disposition pathways NNSA had determined, and (4) assumptions used in
technical calculations and analyses. In addition, NNSA included
background information on plutonium and americium-241 in the Final SPDP
EIS and updated radiological health information to address potential
impacts to surrounding communities. NNSA provided responses to comments
in Volume 3 of the Final SPDP EIS. Volume 3 includes a detailed
description of the public comment process and copies of correspondence
received on the Draft SPDP EIS. In addition to changes made in the
Final SPDP EIS in response to public comments, NNSA also made changes
to update the environmental baseline information, update analyses based
on more recent information, correct inaccuracies, and to clarify text.
NNSA invited 24 Native American groups with ties to the land on or
in the vicinity of the SRS and LANL sites to participate in Government-
to-Government consultations and offered briefings on the Draft SPDP
EIS. The initial meeting was held on December 6, 2022. The Pueblo de
San Ildefonso requested an additional consultation meeting to discuss
the program and potential impacts from the SPDP. The meeting with the
San Ildefonso Pueblo leadership and attorneys was held on January 31,
2023.
Comments on the Final Surplus Plutonium Disposition Program EIS
NNSA posted the Final SPDP EIS on the NNSA NEPA Reading Room
website (www.energy.gov/nnsa/nnsa-nepareading-room) and EPA published a
NOA in the Federal Register (89 FR 3653, January 19, 2024). NNSA also
published a NOA of the Final SPDP EIS in the Federal Register on
January 19, 2024 (89 FR 3642). In response to these Notices, NNSA
received three comment documents related to the Final SPDP EIS. NNSA
considered each of the comments contained in these documents during the
preparation of this ROD.
Decision
NNSA has decided to implement the Preferred Alternative, Base
Approach Sub-alternative, to continue the 34 MT surplus plutonium
disposition mission. This decision changes the program of record for
surplus plutonium disposition from the MOX Program to the dilute and
dispose strategy. NNSA will continue to dismantle surplus pits and
produce plutonium oxide in the Advanced Recovery and Integrated
Extraction System (ARIES) facility at LANL. Because the MOX Program has
been terminated, NNSA has decided to use existing and future
inventories of plutonium oxide from the ARIES facility as feedstock for
the dilute and dispose strategy. NNSA does not plan to expand the ARIES
footprint at this time.
Using the dilute and dispose strategy, NNSA will disassemble pits,
convert pit and non-pit plutonium metal to oxide, and blend surplus
plutonium in oxide form with an adulterant. The blended material will
be compressed into a steel container (called the robust outer container
(ROC)) for radiation control, then the ROC will be enclosed in a
further container for contamination control. These ROC containers are
then placed in overpacks and disposed of as defense-related CH-TRU
waste underground at the WIPP facility.
This decision will require the use of existing facilities at
Pantex, LANL, SRS, Y-12, and WIPP, and completion and operation of the
SPD Project at SRS. Implementation will involve (1) continued transfer
of surplus pits from Pantex to LANL, (2) continued operation of the
existing ARIES process at LANL to oxidize pit and non-pit plutonium,
until a decision on the PDP Project is made, (3) transfer of plutonium
oxide from LANL to SRS, (4) continued operation of existing dilution
capability and operation of the Surplus Plutonium Disposition Project
at SRS to dilute plutonium oxide, transferred from LANL or currently
stored at SRS, with an adulterant, (5) characterization and packaging
of defense-related CH-TRU waste and transfer to WIPP, and (6) disposal
in the WIPP underground.
Recently, NNSA announced a decision to replan the timeline for the
Pit Disassembly and Processing (PDP) Project, delaying initiation of
the PDP for approximately 10 years. Increased capacity for producing
plutonium oxide, which NNSA evaluated as part of the Preferred
Alternative in the SPDP EIS, will therefore be available later than
originally planned, extending the timeline for the full 34 MT
disposition mission. NNSA will determine whether it needs to prepare
any additional NEPA analysis and complete that review prior to
initiating any new facility to increase plutonium oxidation capacity.
Basis for Decision
In 2003 (Amended ROD 68 FR 20134, Apr. 24, 2003), NNSA decided to
use the MOX Program to disposition 34 MT of surplus plutonium.
Construction on the Mixed Oxide Fuel Fabrication Facility (MFFF) at SRS
began in 2008. In 2016, NNSA, partnering with the U.S. Army Corps of
Engineers, developed an independent cost estimate for the MFFF project,
and concluded that the cost of the project, upon completion of
construction, would be approximately $17 billion, and construction
would not be complete until 2048. Congress
[[Page 28767]]
directed NNSA to prepare a lifecycle cost estimate for disposal of
surplus plutonium using the dilute and dispose strategy. The completed
cost estimate indicated that the estimate-to-complete lifecycle cost of
the dilute and dispose strategy would be substantially lower than the
cost to complete the MOX Program. In response, the Secretary of Energy
halted construction of the MFFF in May 2018 by waiving the requirement
to use funds for MFFF construction as required by the National Defense
Authorization Act of 2018. In a letter dated May 10, 2018, the
Secretary of Energy certified ``that the remaining lifecycle cost for
the dilute and dispose approach will be less than approximately half of
the estimated remaining lifecycle cost of the MOX fuel program.'' In
2018, NNSA terminated construction of the MFFF. In 2019, the U.S.
Nuclear Regulatory Commission (NRC) terminated the construction license
for MFFF. With the end of the MOX project there was no longer a
disposition path for the 34 MT of surplus plutonium that had been
designated for disposition as MOX fuel.
The decision to use the dilute and dispose strategy for disposition
of the 34 MT of surplus plutonium allows NNSA to make the maximum use
of existing, proven technologies and operating facilities.
Construction of the SPD Project will continue consistent with DOE's
2016 decision (81 FR 19588). When it becomes operational, the project's
three new gloveboxes for dilution will significantly increase
throughput capacity. Other aspects of the SPD Program, including pit
transfer from Pantex, ARIES operation at LANL, the capability to
transfer plutonium oxide from LANL to SRS, dilution, assay, and
shipment of resulting CH-TRU waste to WIPP for emplacement in the
underground, are operational and require no upgrades or modifications
to continue operations. This decision will result in continued progress
toward the disposition of 34 MT of surplus plutonium while eliminating
potential conflicts with ongoing construction projects and new missions
within the nuclear security enterprise.
After analyzing options for expanding a PDP capability at SRS or
LANL and considering the current high volume of major construction
projects across the nuclear security enterprise, NNSA has decided to
revisit the initiation of the PDP capital line-item project. This will
result in initiation of the PDP project in the mid-2030s rather than
the mid-2020s. NNSA may re-evaluate this decision as conditions change
in the nuclear security enterprise. In the meantime, NNSA will continue
to dismantle surplus pits and produce plutonium oxide at LANL and
remains fully committed to dispositioning 34 MT of surplus plutonium.
The Surplus Plutonium Disposition line-item project execution at
SRS will continue as planned and NNSA will continue to dilute and ship
downblended plutonium as defense-related contact handled transuranic
waste to the Waste Isolation Pilot Plant for permanent disposal. This
decision will allow NNSA to focus on removal of material from South
Carolina in alignment with the DOE-South Carolina Settlement Agreement.
Mitigation Measures
Operations at each facility involved in the SPD Program would
result in airborne emissions of various pollutants, including
radionuclides, and organic and inorganic constituents. These emissions
would continue to be controlled using Best Available Control Technology
to ensure that emissions are compliant with applicable standards.
Impacts would be controlled by use of glovebox confinement, packaging
as applicable, and confinement and air filtration systems to remove
radioactive particulates before discharging process exhaust air to the
atmosphere. Occupational safety risks to workers would be limited by
adherence to Federal and state laws, Occupational Safety and Health
Administration regulations, NNSA requirements including regulations and
orders, and plans and procedures for performing work. NNSA facility
operations adhere to programs to ensure the reduction of human health
and safety impacts. Workers are protected from specific hazards by use
of engineering and administrative controls, use of personal protective
equipment, and monitoring and training. Implementation of DOE's
required Radiological Protection Program limits impacts by ensuring
that radiological exposures and doses to all personnel are maintained
As Low As Reasonably Achievable and by providing job specific
instructions to the facility workers regarding the use of personal
protective equipment.
The Emergency Preparedness Program required for each site mitigates
potential accident consequences by ensuring that appropriate
organizations are available to respond to emergency situations and take
appropriate actions to recover from accident events, while reducing the
spread of contamination and protecting facility personnel and the
public.
Signing Authority
This document of the Department of Energy was signed on April 3,
2024, by Jill Hruby, Under Secretary for Nuclear Security and
Administrator, NNSA, 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 April 16, 2024.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2024-08390 Filed 4-18-24; 8:45 am]
BILLING CODE 6450-01-P
