Department of Energy November 28, 2006 – Federal Register Recent Federal Regulation Documents
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Amended Record of Decision: Idaho High-Level Waste and Facilities Disposition Final Environmental Impact Statement
The U.S. Department of Energy (DOE) is amending its Record of Decision (ROD) published December 19, 2005 (70 Federal Register [FR] 75165), pursuant to the Idaho High-Level Waste and Facilities Disposition Final Environmental Impact Statement (Final EIS) (DOE/EIS- 0287, September 2002). The Final EIS analyzed two sets of alternatives for accomplishing DOE's proposed actions regarding the Idaho Nuclear Technology and Engineering Center (INTEC): (1) Waste processing alternatives and (2) facility disposition alternatives. As described in this Amended ROD, DOE has decided to conduct performance-based closure of the INTEC Tank Farm Facility (TFF). This decision to conduct performance-based closure of the TFF does not affect decisions made in the initial ROD concerning: performance-based closure of other existing facilities directly related to the HLW Program; planned clean closure of newly constructed waste processing facilities needed to implement the initial ROD; steam reforming treatment of sodium-bearing waste (SBW) to allow disposal at the Waste Isolation Pilot Plant (WIPP) near Carlsbad, New Mexico (DOE's preferred disposal path) or at a geologic repository for spent nuclear fuel (SNF) and HLW; management of newly generated liquid waste (NGLW); and DOE's strategy to retrieve HLW calcine for disposal outside the State of Idaho. Nor does this Amended ROD affect future decisions concerning the retrieval strategy for HLW calcine stored at INTEC, potential calcine treatment if necessary, and closure of the bin sets in which the calcine is stored.
Determination Under Section 3116 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 for the Idaho Nuclear Technology and Engineering Center Tank Farm Facility at the Idaho National Laboratory
Section 3116 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (NDAA) provides that certain waste from reprocessing spent nuclear fuel is not considered high-level radioactive waste (HLW) if the Secretary of Energy, in consultation with the Nuclear Regulatory Commission (NRC), determines that the waste meets the statutory criteria set forth in Section 3116(a). The Department of Energy (DOE) announces the availability of the Secretary's Section 3116 Determination for the Idaho Nuclear Technology and Engineering Center (INTEC) Tank Farm Facility (TFF), which addresses the stabilized residuals in the TFF and TFF system on the Idaho National Laboratory (INL) near Arco, Idaho, and the document that sets forth the basis for the Section 3116 Determination (Basis Document). The Section 3116 Determination sets forth the Secretarial finding that the stabilized residuals in the TFF and TFF system: (1) Do not require permanent isolation in a deep geologic repository, (2) have or will have had highly radioactive radionuclides removed to the maximum extent practical, (3) will be disposed of in accordance with NRC performance objectives for the disposal of low-level waste, (4) will be disposed of pursuant to DOE's disposal plan developed in consultation with the NRC, and (5) will be disposed of pursuant to closure plans approved by the State of Idaho. The Basis Document sets forth the facts and analyses supporting the Secretary's Section 3116 Determination. DOE's Amended Record of Decision to close the TFF pursuant to the Idaho High-Level Waste and Facilities Disposition Final Environmental Impact Statement (DOE/EIS-0287, September 2002) is being provided separately and concurrently with this Notice.
Technical Amendments: Transfer of Office Functions and Removal of Obsolete Regulations
DOE has created a new Office of Health, Safety and Security to strengthen and improve formulation and implementation of health, safety and security policy. Incident to creation of the new office, DOE has transferred certain health, safety and security functions to the new office that previously were carried out by the Office of Environment, Safety and Health and the Office of Security and Safety Performance Assurance. Certain functions related to DOE's responsibilities under the National Environmental Policy Act have been transferred to the Office of the General Counsel. Other functions outside of the core mission of health, safety and security have been transferred to other DOE offices performing similar or related functions. This notice of final rulemaking makes technical amendments to DOE's regulations to substitute the officials to whom or offices to which functions have been transferred pursuant to the reorganization of offices and functions. DOE also is removing Office of Environment, Safety and Health regulations in 10 CFR part 852 because Congress has transferred that authority to the Department of Labor. Today's regulatory amendments do not alter substantive rights or obligations under current law.
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