[Federal Register Volume 66, Number 58 (Monday, March 26, 2001)]
[Notices]
[Pages 16447-16451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-7370]


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DEPARTMENT OF ENERGY


Revised Strategy for the Environmental Impact Statement for 
Completion of the West Valley Demonstration Project and Closure or 
Long-Term Management of Facilities at the Western New York Nuclear 
Service Center and Solicitation of Scoping Comments

AGENCY: Department of Energy.

ACTION: Notice of intent.

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SUMMARY: The U.S. Department of Energy (DOE) and the New York State 
Energy Research and Development Authority (NYSERDA) announce their 
intent to revise their strategy for completing the Draft Environmental 
Impact Statement (EIS) for Completion of the West Valley Demonstration 
Project and Closure or Long-Term Management of Facilities at the 
Western New York Nuclear Service Center (DOE/EIS-0226-D) (also referred 
to as the 1996 Completion and Closure Draft EIS) issued for public 
comment in March 1996. Under the revised strategy, DOE will prepare and 
issue a revised draft EIS for public comment focusing on DOE's actions 
to decontaminate West Valley Demonstration Project (WVDP) facilities 
and manage WVDP wastes controlled by DOE under the West Valley 
Demonstration Project Act (WVDP Act; Public Law 96-368). NYSERDA will 
not be a joint lead agency but will participate as envisioned under 
Section 6.03 of the Cooperative Agreement between United States 
Department of Energy and New York State Energy Research and Development 
Authority on the Western New York Nuclear Service Center at West 
Valley, New York (October 1, 1980, amended September 18, 1981) and as 
appropriate under the New York State Environmental Quality Review Act 
(SEQRA). Further, DOE intends to issue soon a Notice of Intent for a 
second EIS, with NYSERDA as a joint lead agency, on decommissioning 
and/or long-term stewardship of the WVDP and the Western New York 
Nuclear Service Center (WNYNSC). This approach is expected to 
facilitate decisions in a more tractable and timely fashion.

DATES: Although this notice expresses DOE's intent to prepare the 
revised Draft EIS, DOE welcomes, as part of the scoping process, 
comments on the plan for revising the strategy for completion of the 
1996 Completion and Closure Draft EIS. Please provide comments on the 
plan and on the scope of the revised Draft EIS on WVDP Decontamination 
and Waste Management to DOE by April 25, 2001. Written comments 
postmarked, faxed, or e-mailed by that date will be considered in the 
preparation of the revised Draft EIS. Late comments will be considered 
to the extent practicable.
    Also, DOE will hold a public scoping meeting at the Ashford Office 
Complex, located at 9030 Route 219 in the Town of Ashford, NY, from 
7:00 to 9:30 p.m. on April 10, 2001. Make requests to speak at the 
public meeting by calling or writing the DOE Document Manager. (See 
ADDRESSES, below.)

ADDRESSES: Address comments on this plan for revising the strategy for 
completion of the 1996 Completion and Closure EIS and on the scope of 
the revised Draft EIS to the DOE Document Manager: Mr. Daniel W. 
Sullivan, West Valley Area Office, U.S. Department of Energy, 10282 
Rock Springs Road, West Valley, NY 14171. Telephone: (716) 942-4016, 
facsimile: (716) 942-4703, or e-mail: [email protected].

FOR FURTHER INFORMATION CONTACT: For information regarding the West 
Valley Demonstration Project or the EIS,

[[Page 16448]]

contact Mr. Daniel Sullivan as described above. Those seeking general 
information on DOE's National Environmental Policy Act (NEPA) process 
should contact: Ms. Carol M. Borgstrom, Director, Office of NEPA Policy 
and Compliance, U.S. Department of Energy, 1000 Independence Avenue 
SW., Washington, DC 20585. Telephone: (202) 586-4600, facsimile: (202) 
586-7031, or leave a message at 1-800-472-2756, toll-free.

SUPPLEMENTARY INFORMATION: The DOE and NYSERDA announce their intent to 
revise their strategy for completing the Draft EIS for Completion of 
the West Valley Demonstration Project and Closure or Long-Term 
Management of Facilities at the Western New York Nuclear Service Center 
(DOE/EIS-0226-D) (also referred to as the 1996 Completion and Closure 
Draft EIS). The Draft EIS was prepared by DOE and NYSERDA as joint lead 
agencies and issued for public comment in March 1996.

I. Revised NEPA Review Strategy

    Under the revised strategy, DOE will prepare and issue for public 
comment a revised Draft EIS focusing on DOE's actions to decontaminate 
WVDP facilities and manage WVDP wastes controlled by DOE under the WVDP 
Act. The analyses and subsequent decision making with respect to this 
Decontamination and Waste Management EIS will focus exclusively on WVDP 
activities conducted by DOE and will not involve any decision making on 
the balance of the property at the WNYNSC. NYSERDA will not be a joint 
lead agency but will participate as envisioned under Section 6.03 of 
the Cooperative Agreement between United States Department of Energy 
and New York State Energy Research and Development Authority on the 
Western New York Nuclear Service Center at West Valley, New York 
(October 1, 1980, amended September 18, 1981) and as appropriate under 
SEQRA. The Nuclear Regulatory Commission does not intend to be a 
Cooperating Agency on the Decontamination and Waste Management EIS, 
because the Commission is not prescribing criteria for the activities 
to be considered in this revised EIS. DOE will inform the Commission of 
WVDP activities and progress as required under the WVDP Act and the 
Memorandum of Understanding between DOE and the Commission.
    In accordance with Council on Environmental Quality regulations for 
implementing NEPA (40 CFR 1508.25) DOE has determined that the 
decontamination and waste management actions will not be connected 
within the meaning of the regulations to decommissioning and/or long-
term stewardship actions because decontamination and waste disposal 
actions can be implemented without previous or simultaneous actions 
being taken, are not an interdependent part of a larger action, and do 
not depend on a larger action for their justification. Further, the 
WVDP decontamination and waste management actions being proposed by DOE 
do not limit or prejudge the range of alternatives to be considered or 
the decisions to be made for eventual decommissioning of Project 
facilities and/or long-term stewardship of the site, which would be the 
focus of a second EIS (described below in Section VI).
    The decontamination and waste management actions being proposed 
merit evaluation in an EIS, however, including adequate analysis of 
cumulative impacts. While the decontamination and waste management 
actions will share common geography with subsequent decommissioning 
and/or long-term stewardship actions, the regulatory and physical 
nature of the two categories of actions are different, as are the 
timing needs for decisions. This approach is expected to facilitate 
decisions in a more tractable and timely fashion.
    Under the revised strategy, the 1996 Draft EIS will be reissued in 
part as a revised Draft EIS retitled the West Valley Demonstration 
Project Decontamination and Waste Management Environmental Impact 
Statement. The analysis in the revised Draft EIS will support only 
those DOE decisions on WVDP facility decontamination and waste 
management alternatives. The revised Draft EIS will include updated 
baseline environmental data and new EIS alternative descriptions and 
use new analytical techniques developed at West Valley since 
publication of the 1996 Completion and Closure Draft EIS. Relevant 
comments received on the 1996 Completion and Closure Draft EIS will be 
considered in the preparation of the revised Draft EIS.
    In the course of quarterly public meetings and Citizen Task Force 
meetings held since the issuance of the 1996 Completion and Closure 
Draft EIS, stakeholders have had considerable opportunities to discuss 
pertinent issues with DOE. DOE is now formally soliciting scoping 
comments, which DOE will consider in preparing the Draft 
Decontamination and Waste Management EIS. During preparation of this 
EIS, DOE intends to maintain informal communications with stakeholders 
through ongoing quarterly meetings, at a minimum, to ensure that 
interested individuals, organizations, and agencies are aware of the 
status of EIS preparation and have a continuing forum to ask questions 
and provide feedback to the Department. The revised Draft EIS, when 
completed, will be issued to the public for review and comment in 
accordance with Section V of this notice.

II. DOE Responsibilities

    DOE is required by Public Law 96-368, the WVDP Act, to perform a 
number of actions involving facilities and wastes at the West Valley 
site. Section 2(a)(1-5) of the Act articulates the five actions that 
embody the WVDP. Actions 1 and 2 address high-level waste (HLW) 
solidification and development of appropriate containers for the 
solidified wastes. Action 3 requires DOE to transport the solidified 
HLW to a Federal geologic repository for permanent disposal. Action 4 
requires DOE to dispose of low-level and transuranic wastes generated 
by HLW solifidification and in connection with the WVDP. Action 5 
requires DOE to decontaminate and decommission the tanks, facilities, 
material, and hardware used in the solidification of HLW and in 
connection with the WVDP.
    Actions 1 and 2 were the focus of the 1982 Final EIS (DOE/EIS-0081) 
and Record of Decision (47 FR 40705, September 15, 1982) on the HLW 
solidification. The 1996 Completion and Closure Draft EIS (DOE/EIS-
0226-D) comprehensively examined the remaining actions, 3, 4, and 5. 
Based on the comments received on the 1996 Completion and Closure Draft 
EIS, feedback from the Citizen Task Force, and ongoing discussions 
between the joint lead agencies (DOE and NYSERDA) and the Nuclear 
Regulatory Commission, the DOE now intends to conduct the NEPA process 
for actions 3, 4, and 5 in two separate EISs.
    For action 3, DOE will evaluate on-site activities related to 
transportation of the New York State-owned solidified HLW to a federal 
geologic repository in the Decontamination and Waste Management EIS. 
Off-site activities related to HLW transportation were evaluated in the 
Final Waste Management Programmatic Environmental Impact Statement (WM 
PEIS, DOE/EIS-0200-F, May 1997). For action 4, DOE will evaluate on-
site activities for transportation of low-level waste generated in 
connection with the WVDP in the Decontamination and Waste Management 
EIS; off-site

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transportation activities were evaluated in the WM PEIS. DOE also will 
evaluate on-site and off-site transportation activities for transuranic 
waste associated with the WVDP in the Decontamination and Waste 
Management EIS.
    For action 5, DOE will evaluate the decontamination of facilities, 
material, and hardware used in the solidification of HLW in the 
Decontamination and Waste Management EIS. DOE intends to analyze the 
decommissioning of the HLW tanks, facilities, material, and hardware 
used in connection with the WVDP in the EIS for decommissioning and/or 
long-term stewardship of the WVDP and WNYNSC, with NYSERDA as a joint 
lead agency.

III. Proposed Scope of the Decontamination and Waste Management EIS

A. Purpose and Need for Agency Action

    Facility decontamination and waste disposal are the next DOE 
actions mandated by the WVDP Act that are ripe for evaluation and 
decision making. By implementing these actions in the near term, DOE 
may continue toward completion of the WVDP while decommissioning and/or 
long-term stewardship issues are being evaluated in a separate EIS, 
which DOE intends to develop jointly with NYSERDA in the near future 
(described below in Section VI).
    The DOE needs to decide upon decontamination and waste management 
actions that are described below for facilities that are either no 
longer necessary or where decontamination will support the safer and 
more efficient continuation of WVDP site operations. DOE's primary 
objectives in this regard include both reducing risks posed to human 
health or the environment by removing and containing contamination and 
reducing the site management costs incurred by continuing to maintain 
unneeded facilities in a safe and operational condition.

B. Facilities and Waste Storage Areas To Be Evaluated

    Potential decontamination of up to four facilities at the WVDP will 
be evaluated in the Decontamination and Waste Management EIS. The 
evaluation will include such activities as removal of loose radioactive 
contamination; removal of hardware and equipment; nonstructural 
decontamination of walls, ceilings, and floors; and flushing and/or 
removal of vessels and piping. The WVDP facilities that will be 
evaluated are:
--Vitrification Facility--Houses the HLW melter and supporting systems 
for combining liquid HLW with borosilicate glass formers, pouring the 
molten glass into stainless steel canisters, and transporting those 
canisters to the Process Building for storage.
--01-14 Building--Houses the Cement Solidification System, used to 
combine low-level liquid wastes from HLW pretreatment into a cement 
blend, which was then placed into drums and removed to an on-site 
storage facility. The 01-14 Building also houses the Vitrification Off-
Gas System.
--HLW Storage Area--Includes the underground HLW storage tanks, along 
with supporting systems for maintenance, surveillance, and waste 
transfer.
--Process Building--Includes approximately 70 rooms and cells that 
comprised the original NRC-licensed spent nuclear fuel reprocessing 
operations in the late 1960s and early 1970s. Parts of this building 
have been decontaminated and modified to support WVDP operation, while 
other parts remain highly contaminated from fuel reprocessing 
operations. One of the large cells in the Process Building also serves 
as the storage facility for vitrified HLW canisters.

    The WVDP storage areas that contain the Project's low-level 
radioactive wastes, which will be evaluated for removal and offsite 
disposal, are:

--Lag Storage Area--Includes several facilities used to store and 
manage the radioactive wastes generated from WVDP activities. Wastes 
currently in storage include Class A, B, and C low-level wastes, 
transuranic waste, and greater-than-Class C wastes.
--Radwaste Treatment System Drum Cell--Stores cement-filled drums of 
stabilized low-level waste produced by the Cement Solidification 
System.
--Various Other Locations--Soils estimated to contain very low levels 
of radioactive contamination are stored in large containers in various 
locations.

C. Proposed Action

    DOE's Proposed Action under the Decontamination and Waste 
Management EIS will be to decontaminate the four Project facilities 
described above and to dispose of Project-generated low-level waste 
controlled by DOE under the WVDP Act. The remaining facilities for 
which the DOE is responsible, along with all final decommissioning and/
or long-term stewardship actions to be taken by the DOE and NYSERDA, 
will be evaluated in a new EIS for decommissioning and/or long-term 
stewardship described in Section VI.

    The WVDP Decontamination and Waste Management EIS will incorporate, 
as needed, analysis of environmental impacts at West Valley associated 
with implementing DOE's records of decision for the WM PEIS. Under 
those decisions, DOE will dispose of the Project low-level and low-
level mixed waste in storage, and generated by decontamination 
activities, at either the Nevada Test Site or the Hanford Reservation 
near Richland, Washington (65 FR 10061, February 25, 2000), continue to 
store transuranic waste at West Valley (63 FR 3629, January 23, 1998), 
and continue to store the New York State-owned HLW at West Valley 
pending availability of a Federal geologic repository (64 FR 46661; 
August 26, 1999).
    The WM PEIS LLW Record of Decision does not preclude DOE's use of 
commercial disposal facilities, consistent with current DOE Orders and 
appropriate site-specific NEPA analysis. Therefore, the revised Draft 
EIS will also assess shipment of WVDP low-level waste to the Envirocare 
commercial low-level waste disposal facility, near Tooele, Utah.
    Any hazardous or mixed wastes generated as a result of 
decontamination activities will be managed in accordance with the 
Resource Conservation and Recovery Act (RCRA) and the WVDP Site 
Treatment Plan, respectively.\1\
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    \1\ Any decontamination activities that may be performed 
following issuance of the Record of Decision for the Decontamination 
and Waste Management EIS will also provide information associated 
with RCRA hazardous wastes and mixed wastes, as well as potential 
future measures that may be needed to manage these wastes. 
Management of RCRA wastes identified and/or generated during these 
activities may be performed in accordance with the provisions of the 
RCRA 3008(h) Administrative Order on Consent between the DOE and 
NYSERDA, and the New York State Department of Environmental 
Conservation (DEC) and U.S. Environmental Protection Agency (EPA). 
This information will also be factored into long-term decision 
making associated with the decommissioning and/or long-term 
stewardship EIS, which will be coordinated with the DEC and EPA to 
meet the requirements of the RCRA 3008(h) Consent Order.
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D. Preliminary Alternatives To Be Evaluated

    In the Decontamination and Waste Management EIS, DOE intends to 
evaluate the range of alternatives for decontamination of Project 
facilities. These include a ``no action'' alternative, which will 
evaluate continued current decontamination and waste management 
operations at the WVDP. The other alternatives will evaluate

[[Page 16450]]

decontaminating different sets of WVDP facilities and areas within 
them. The three alternatives DOE is proposing to evaluate are 
summarized below. DOE will identify its Preferred Alternative in the 
Draft EIS.

No Action Alternative--Minimum Decontamination and Off-Site Waste 
Disposal Alternative

    This alternative is considered the ``no action'' alternative 
required to be analyzed under Council on Environmental Quality and DOE 
NEPA regulations, and involves no change from the current in-progress 
or planned decontamination activities for WVDP facilities and waste 
management activities currently in progress.
    These ongoing decontamination and waste management activities have 
already been considered under NEPA, as follows:

--1982 Final Environmental Impact Statement for Long-Term Management of 
Liquid High-Level Radioactive Wastes Stored at the Western New York 
Nuclear Service Center, West Valley (DOE/EIS-0081), Record of Decision 
(47 FR 40705, September 15, 1982), and two Supplement Analyses (DOE/
EIS-0081-SA1, September 24, 1993; DOE/EIS-0081-SA2, June 23, 1998).
--Environmental Checklist for Removal of Class A Low-Level Radioactive 
Waste for Commercial Disposal (OH-WVDP-96-01), an action that was 
categorically excluded from further NEPA review in October 1997.
--Environmental Checklist for Decontamination Activities for the Main 
Plant (OH-WVDP-2000-05), an action that was categorically excluded in 
November 2000.

Project Facility Decontamination and Off-Site Waste Disposal 
Alternative

    This alternative involves extensive decontamination of the 
Vitrification Facility, 01-14 Building, HLW Storage Area, and Process 
Building. Activities would include: (1) Removing any nonessential 
vessels, hardware, piping, and components, (2) cleaning surfaces to 
remove loose contamination, (3) treating or otherwise fixing-in-place 
remaining contamination on surfaces, as appropriate, (4) deactivating 
and/or removing all support systems (ventilation and utilities) no 
longer necessary for safe operations and maintenance, and (5) 
collecting and treating for disposal any effluent from the 
decontamination activities.
    Wastes currently in storage and wastes generated by decontamination 
activities would be processed as necessary and shipped offsite for 
disposal under this alternative. A combination of truck and rail 
shipment modes would be used, depending on the type and amount of 
waste, and the intended disposal site. Any wastes for which there 
currently are no suitable disposal sites, such as greater-than-Class C 
waste, HLW, and transuranic waste, would be retained in on-site storage 
pending the availability of an off-site disposal location. DOE will 
evaluate shipment of these wastes from West Valley, as appropriate, 
however, so that the environmental impacts would have already been 
evaluated in case an opportunity to move these wastes off-site should 
arise.

High Activity Waste Removal and Off-Site Waste Disposal Alternative

    This alternative is similar to the alternative for Project Facility 
Decontamination and Off-site Waste Disposal in terms of the types of 
decontamination activities that would be performed, but only those 
areas of WVDP facilities that present high health and safety risk would 
undergo interim decontamination. Under this alternative, selected areas 
in the Vitrification Facility, HLW Storage Area, and Process Building 
would be decontaminated, namely, those that are estimated to contain 
high concentrations of long-lived radionuclides. The 01-14 Building 
would not be decontaminated under this alternative, however, because it 
does not contain substantial quantities of long-lived radionuclides and 
does not pose a health and/or safety risk comparable to the 
Vitrification Facility, HLW Storage Area, and Process Building. Waste 
management activities to be evaluated will be comparable, however, to 
those under the previous alternative.

E. Preliminary Impacts To Be Analyzed

    DOE has identified the following impacts for analysis in this EIS. 
Additional issues may be identified as a result of public comments.

 Potential impacts to the general population and on-site 
workers from radiological and nonradiological releases from 
decontamination and waste management activities
 Potential environmental impacts, including air and water 
quality impacts, from decontamination and waste management activities
 Potential transportation impacts from shipments of radioactive 
or hazardous material or radioactive, hazardous, or mixed waste 
generated during decontamination and waste management activities
 Potential impacts from postulated accidents
 Short-term land use impacts
 Disproportionately high and adverse effects on low-income and 
minority populations (environmental justice)
 Irretrievable and irreversible commitment of resources
 Native American concerns
 Unavoidable adverse impacts
 Compliance with Federal, state, and local requirements
 Cumulative impacts

IV. Public Scoping Meeting

    DOE will hold a public scoping meeting on the decontamination and 
waste management EIS at the Ashford Office Complex, located at 9030 
Route 219 in the Town of Ashford, NY, from 7:00 to 9:30 p.m. on April 
10, 2001. Requests to speak at the public meeting should be made by 
calling or writing the DOE Document Manager (see ADDRESSES, above). 
Speakers will be scheduled on a first-come, first-served basis. 
Individuals may sign up at the door to speak and will be accommodated 
as time permits. Written comments will also be accepted at the meeting. 
Speakers are encouraged to provide written versions of their oral 
comments for the record.
    The meetings will be facilitated by a moderator. WVDP personnel and 
the moderator may ask speakers clarifying questions. Individuals 
requesting to speak on behalf of an organization must identify the 
organization. Each speaker will be allowed five minutes to present 
comments unless more time is requested and available. Comments will be 
recorded by a court reporter and will become part of the scoping 
meeting record.

V. Schedule

    The DOE intends to issue the draft Decontamination and Waste 
Management EIS in Fall 2001. A 45-day public comment period will start 
upon publication of the Environmental Protection Agency's Federal 
Register Notice of Availability. DOE will consider and respond to 
comments received on the draft Decontamination and Waste Management EIS 
in preparing the final EIS.
    Comments received during the 1989 scoping process and from the 
public comment period on the 1996 Completion and Closure EIS (DOE/EIS-
0226-D) will be addressed in either the draft Decontamination and Waste 
Management EIS or the planned EIS for decommissioning and/or long-term 
stewardship, depending on the nature of the specific comments received.

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VI. EIS for Decommissioning and/or Long-Term Stewardship

    DOE anticipates a separate announcement soon in both the Federal 
Register and the New York State Environmental Notice Bulletin providing 
notice of a second EIS to be prepared by DOE and NYSERDA for 
decommissioning and/or long-term stewardship of the WVDP and WNYNSC and 
a public scoping process pursuant to NEPA and SEQRA.
    DOE anticipates that it will be the lead Federal agency for 
purposes of compliance with NEPA, and NYSERDA will be the lead agency 
for purposes of compliance with SEQRA. DOE also anticipates that the 
Nuclear Regulatory Commission will participate as a cooperating agency 
under NEPA, and the New York State Department of Environmental 
Conservation will be an involved agency under SEQRA. Although DOE 
envisions that DOE and NYSERDA will jointly prepare this EIS for 
decommissioning and/or long-term stewardship, either agency may decide 
to proceed independently in support of its independent mission. The 
Notice of Intent will provide further information on this second EIS, 
including the alternatives proposed to be evaluated and the 
opportunities for stakeholder involvement.

    Issued in Washington, D.C. on March 21, 2001.
Steven V. Cary,
Acting Assistant Secretary, Office of Environment, Safety and Health.
[FR Doc. 01-7370 Filed 3-23-01; 8:45 am]
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