Department of Energy April 3, 2007 – Federal Register Recent Federal Regulation Documents

In response to public requests, the Department of Energy (DOE) announces an extension of time to submit comments on the proposed scope, alternatives, and environmental issues to be analyzed in the Programmatic Environmental Impact Statement for the Global Nuclear Energy Partnership (GNEP PEIS). This date has been extended to June 4, 2007, thereby giving an additional 61 days to provide comments.

DOE has prepared a Draft Supplement Analysis (SA) pursuant to DOE regulations implementing the National Environmental Policy Act (NEPA), 10 CFR 1021.314. The draft SA addresses DOE's proposal to dispose of the depleted uranium oxide conversion product at either the DOE-owned low-level radioactive waste disposal facility at the Nevada Test Site (NTS) or at EnergySolutions LLC, a commercial low-level waste disposal facility in Clive, Utah (EnergySolutions; formerly known as Envirocare of Utah, Inc.). In April 1999, the U.S. Department of Energy (DOE) published a Programmatic Environmental Impact Statement (PEIS) for management of its Depleted Uranium Hexafluoride (DUF6) inventory. The PEIS included a generic assessment of the disposal of depleted uranium oxide conversion product (as U3O8 or UO2) and concluded that disposal of either product in shallow earthen structures, vaults, or mines would adequately protect human health and the environment over the time period considered, as long as the disposal facility is located in a dry environment and appropriately engineered (e.g., the cover material is maintained). Subsequently, DOE prepared site-specific final Environmental Impact Statements (EISs) for construction and operation of DUF6 conversion facilities at the DOE's Paducah, Kentucky, and Portsmouth, Ohio, sites in the Final Environmental Impact Statement for Construction and Operation of a Depleted Uranium Hexafluoride Conversion Facility at the Paducah, Kentucky Site, DOE/EIS-0359, and the Final Environmental Impact Statement for Construction and Operation of a Depleted Uranium Hexafluoride Conversion Facility at the Portsmouth, Ohio Site, DOE/EIS- 0360. DOE published its Record of Decision for Construction and Operation of a Depleted Uranium Hexafluoride Conversion Facility at the Paducah, Kentucky Site, and Record of Decision for Construction and Operation of a Depleted Uranium Hexafluoride Conversion Facility at the Portsmouth, Ohio Site (RODs) on July 27, 2004 (69 FR 44649 and 69 FR 44654). In each site-specific ROD, DOE announced its decision to implement the actions described as the preferred alternative in the corresponding conversion facility EIS, which included the following actions: DOE will construct and operate a conversion facility at Location A within each of the Paducah and Portsmouth sites. All shipments to and from the conversion facility sites, including any potential shipments of non-DUF6 cylinders currently stored at the East Tennessee Technology Park (ETTP), will be conducted by either truck or rail, as appropriate. Cylinders will be shipped in a manner that is consistent with U.S. Department of Transportation (DOT) regulations for the shipment of UF6 cylinders. Current cylinder management activities (handling, inspection, monitoring, and maintenance) will continue, consistent with Cylinder Project Management Plan for Depleted Uranium Hexafluoride, effective October 2003, which covers actions needed to meet safety and environmental requirements, until conversion can be accomplished. The aqueous hydrofluoric acid (HF) produced during conversion will be sold for use. If necessary, calcium fluoride (CaF2) will be produced and reused, or disposed of as appropriate. The depleted uranium oxide conversion product will be reused to the extent possible or packaged in emptied cylinders for disposal at an appropriate disposal facility. DOE plans to decide the specific disposal location(s) for the depleted uranium oxide conversion product after additional appropriate NEPA review. Accordingly, DOE will continue to evaluate its disposal options and will consider any further information or comments relevant to that decision. DOE will give a minimum 45-day notice before making the specific disposal decision and will provide any supplemental NEPA analysis for public review and comment. The conversion facility RODs did not declare a decision regarding the location for disposal of depleted uranium oxide conversion product. The reason DOE did not make its disposal decision at the time it issued the RODs for construction and operation of the two DUF6 conversion facilities is that it discovered that it had, through an oversight, not served copies of the draft and final site-specific EISs (DOE 2004a, b) to the States of Utah, home of EnergySolutions, and Nevada, home of NTS, as required in 40 CFR 1502.19. As a result, each ROD states DOE's intention to decide the specific disposal location(s) for the depleted uranium oxide conversion product after additional appropriate NEPA review. This draft SA addresses the additional appropriate NEPA review committed to in the earlier RODs. The draft SA identifies no significant new circumstances or information relevant to environmental concerns that bear on DOE's decisions on disposal locations or the impacts of those decisions. Based on the draft SA that is the subject of this Notice, DOE believes that a supplemental EIS is not needed to support amending the conversion facility RODs to decide the disposal location for the depleted uranium oxide conversion product. The depleted uranium oxide conversion product may be disposed either at the EnergySolutions low-level waste disposal facility or at the NTS low- level waste disposal facility. DOE plans to issue amended RODs under the conversion facility EISs no sooner than 45 days from the publication of this Notice.