Department of Energy February 13, 2013 – Federal Register Recent Federal Regulation Documents

The Department of Energy (DOE) announces the availability of the Draft Section 3116 Basis for Determination for Closure of the H Tank Farm at the Savannah River Site (Draft HTF 3116 Basis Document) for public comment. DOE prepared the Draft HTF 3116 Basis Document pursuant to section 3116(a) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (NDAA), which provides that the Secretary of Energy may, in consultation with the U.S. Nuclear Regulatory Commission (NRC), determine that certain waste from reprocessing of spent nuclear fuel is not high-level radioactive waste if the provisions set forth in section 3116(a) are satisfied. To make this determination, the Secretary of Energy must determine that the waste in the HTF: (1) Does not require permanent isolation in a deep geologic repository for spent fuel or high-level radioactive waste; (2) has had highly radioactive radionuclides removed to the maximum extent practical; and (3)(A) does not exceed concentration limits for Class C low-level waste and will be disposed of in compliance with the performance objectives in 10 CFR Part 61, Subpart C and pursuant to a State approved closure plan or State-issued permit; or (3)(B) exceeds concentration limits for Class C low-level waste but will be disposed of in compliance with the performance objectives of 10 CFR Part 61, Subpart C; pursuant to a State approved closure plan or State-issued permit; and pursuant to plans developed by DOE in consultation with the NRC. Although not required by the NDAA, DOE is making the Draft HTF 3116 Basis Document available for public comment. The Draft HTF 3116 Basis Document demonstrates that the cleaned and stabilized HTF tanks, ancillary structures and their stabilized residuals at HTF closure meet the public dose limits and other criteria in section 3116. DOE is consulting with the NRC and will consider public comments before preparing a final HTF 3116 Basis Document and issuing a Secretarial determination under section 3116.