[Federal Register Volume 66, Number 215 (Tuesday, November 6, 2001)]
[Notices]
[Pages 56090-56093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27841]


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DEPARTMENT OF ENERGY


Advance Notice of Intent to Prepare an Environmental Impact 
Statement To Evaluate Decommissioning and/or Long-Term Stewardship at 
the West Valley Demonstration Project and Western New York Nuclear 
Service Center

AGENCY: Department of Energy.

ACTION: Advance notice of intent.

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SUMMARY: The U.S. Department of Energy (DOE) is announcing in advance 
its intent to prepare an Environmental Impact Statement (EIS) for 
Decommissioning and/or Long-Term Stewardship at the West Valley 
Demonstration Project (WVDP) and Western New York Nuclear Service 
Center (the Center). DOE has prepared this advance notice in accordance 
with the Department's regulations for implementing the National 
Environmental Policy Act (NEPA) [10 CFR 1021.311(b)], which state that 
DOE may publish an Advance Notice of Intent to provide an early 
opportunity to inform interested parties of a pending EIS or to solicit 
early public comments. DOE anticipates that the New York State Energy 
Research and Development Authority (NYSERDA) will participate in the 
preparation of the Decommissioning and/or Long-Term Stewardship EIS as 
a joint lead agency, that the U.S. Nuclear Regulatory Commission (NRC) 
will participate as a cooperating agency, and that the New York State 
Department of Environmental Conservation (NYSDEC) will participate as 
an involved agency under the New York State Environmental Quality 
Review Act (SEQRA).
    DOE and NYSERDA plan to evaluate the range of reasonable 
alternatives in this EIS to address their respective responsibilities 
at the Center, including those under the West Valley Demonstration 
Project Act (Public Law 96-368) and other applicable requirements, 
including decommissioning criteria that may be prescribed by NRC in 
accordance with the Act.
    DOE invites early public comment on the range of environmental 
issues and alternatives to be analyzed. DOE and NYSERDA will consider 
the comments received and other relevant information in developing a 
preliminary scope of the EIS for publication in a subsequent Notice of 
Intent, which would initiate a public scoping process in accordance 
with DOE's NEPA implementing regulations and those of SEQRA.
    This Advance Notice of Intent is consistent with DOE's March 26, 
2001, Notice of Intent (66 FR 16447) to revise the strategy for 
completing the Draft 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 
(DOE/EIS-0226-D, March 1996, also referred to as the 1996 Cleanup and 
Closure Draft EIS), which was issued jointly by DOE and NYSERDA. The 
March 2001 Notice of Intent announced that DOE intends to prepare a 
separate EIS on its decontamination of WVDP facilities and related 
waste management activities.

ADDRESSES: Address early comments on the preliminary scope of the 
Decommissioning and/or Long-Term Stewardship EIS to the DOE Document 
Manager: Mr. Daniel W. Sullivan, West Valley Demonstration Project, 
U.S. Department of Energy, 10282 Rock Springs Road, West Valley, New 
York 14171, Telephone: (716) 942-4016, facsimile: (716) 942-4703, e-
mail: [email protected].
    The ``Public Reading Rooms'' section under SUPPLEMENTARY 
INFORMATION lists the addresses of the reading rooms where documents 
referenced herein are available.

FOR FURTHER INFORMATION, CONTACT: For information regarding the WVDP or 
the EIS, contact Mr. Daniel Sullivan as described above. Those seeking 
general information on DOE's 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, D.C. 
20585, Telephone: (202) 586-4600, Facsimile: (202) 586-7031, or leave a 
message at 1-800-472-2756, toll-free.
    Questions for NYSERDA should be directed to: Mr. Paul J. Bembia, 
New York State Energy Research and Development Authority, 10282 Rock 
Springs Road, West Valley, New York 14171, Telephone: (716) 942-4900, 
Facsimile: (716) 942-2148, email: [email protected].
    Those seeking general information on the SEQRA process should 
contact: Mr. Hal Brodie, Deputy Counsel, New York State Energy Research 
and Development Authority, Corporate Plaza West, 286 Washington Avenue 
Extension, Albany,

[[Page 56091]]

New York 12203-6399, Telephone: (518) 862-1090, ext. 3280, Facsimile: 
(518) 862-1091, email: [email protected].
    This Advance Notice of Intent will be available on the internet at 
http://tis.eh.doe.gov/nepa, under ``NEPA Announcements''. Additional 
information about the WVDP is also available on the internet at http://www.wv.doe.gov/LinkingPages/insidewestvalley.htm.

SUPPLEMENTARY INFORMATION: DOE announces its Advance Notice of Intent 
to prepare an EIS for Decommissioning and/or Long-Term Stewardship at 
the WVDP and the Center. DOE has prepared this Advance Notice of Intent 
in accordance with the Department's regulations for implementing NEPA 
[10 CFR 1021.311(b)], which state that DOE may publish an Advance 
Notice of Intent to provide an early opportunity to inform interested 
parties of a pending EIS or to solicit early public comments.
    DOE intends to prepare this EIS jointly with NYSERDA, although 
either agency may, at any point, determine the need to proceed 
independently in support of their independent missions. In preparing 
this Advance Notice of Intent, DOE anticipates that the Department 
would be the lead Federal agency for purposes of compliance with NEPA, 
while NYSERDA would be the lead State agency for purposes of compliance 
with SEQRA. DOE also anticipates that NRC would participate as a 
cooperating agency under NEPA and that NYSDEC would be an involved 
agency under SEQRA.

Invitation to Comment

    DOE invites the public to provide early assistance in identifying 
significant environmental issues and alternatives to be analyzed in the 
forthcoming Decommissioning and/or Long-Term Stewardship EIS. DOE and 
NYSERDA will consider public comments and other relevant information as 
the agencies jointly develop a Notice of Intent for publication in the 
Federal Register and a notice for publication in the New York State 
Environmental Notice Bulletin. DOE and NYSERDA expect the Notice of 
Intent to contain a preliminary range of reasonable alternatives 
proposed for analysis as agreed to by DOE and NYSERDA. Further, DOE and 
NYSERDA expect to publish the Notice of Intent within approximately a 
year of publishing this advance notice. Although a public scoping 
meeting will not be held until the public scoping process required by 
NEPA has been initiated, DOE and NYSERDA would give equal weight to 
written comments submitted in response to this Advance Notice of Intent 
and comments received during the public scoping process.

Background

    The Center consists of a 3,345-acre reservation in rural western 
New York that is the location of the only NRC-licensed commercial spent 
nuclear fuel reprocessing facilities to have ever operated in the 
United States. NYSERDA holds title to the Center on behalf of the 
people of the State of New York. Pursuant to the WVDP Act, DOE and 
NYSERDA entered into a Cooperative Agreement effective October 1, 1980, 
that specifies the responsibilities and conditions agreed upon by each 
for the purpose of carrying out the WVDP. Under the agreement, NYSERDA 
has made available to DOE, without transfer of title, an approximately 
200-acre portion of the Center, known as the ``Project Premises,'' 
which includes a formerly operated spent nuclear fuel reprocessing 
plant, spent nuclear fuel receiving and storage area, liquid high-level 
waste (HLW) storage tanks, a liquid low-level waste treatment facility 
with associated lagoons, and a radioactive waste disposal area licensed 
by the NRC. Adjacent to and in the vicinity of the Project Premises is 
an area referred to as the State Licensed Disposal Area, for which 
NYSERDA has responsibility.
    The WVDP Act authorizes NRC to prescribe decommissioning criteria 
for the WVDP. At this time, DOE anticipates that the NRC would resume 
regulatory oversight of the Center, with the exception of the State 
Licensed Disposal Area, following DOE's completion of the WVDP.
    Section 2(a)(1-5) of the WVDP Act articulates the five actions 
required of DOE. Actions 1 and 2 address 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 solidification 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 a 1982 Final EIS (DOE/EIS-0081) 
and Record of Decision (47 FR 40705, September 15, 1982) on HLW 
solidification. The 1996 Cleanup and Closure Draft EIS examined the 
remaining actions, 3, 4, and 5. Considering the comments received on 
the 1996 Cleanup and Closure Draft EIS, ongoing discussions between the 
joint lead agencies (DOE and NYSERDA), and discussions with NRC, DOE 
now intends to conduct the NEPA process for actions 3, 4, and 5 in two 
separate EISs. Accordingly, DOE announced its intent to prepare a 
Decontamination and Waste Management EIS on March 26, 2001 (66 FR 
16447), which will only address DOE's decision-making with respect to 
managing Project wastes and decontaminating Project facilities as 
stipulated in actions 3 and 4 and decontamination activities for 
Project facilities stipulated in action 5. DOE will need to conduct 
these activities regardless of future decommissioning and/or long-term 
stewardship decisions.
    DOE expects the Decommissioning and/or Long-Term Stewardship EIS 
announced herein to address DOE's remaining activities under the WVDP 
Act as stipulated in action 5, any waste management activities under 
action 4 that could arise as a result of decommissioning activities, 
and NYSERDA's activities relative to decommissioning or long-term 
stewardship of land and facilities under its purview. DOE believes that 
the activities identified for the Decontamination and Waste Management 
EIS and for the Decommissioning and/or Long-Term Stewardship EIS are 
separate and distinct and are thus appropriate for analysis in two 
EISs, consistent with NEPA and its implementing regulations.

Purpose and Need for Action

    DOE needs to determine the manner that facilities for which the 
Department is responsible under the WVDP Act are decommissioned, in 
accordance with the criteria yet to be prescribed by the NRC. NYSERDA 
needs to develop a strategy for decommissioning or long-term 
stewardship for land and facilities under its purview. To this end, DOE 
and NYSERDA would determine what, if any, material or structures would 
remain on the site and what, if any, institutional controls would be 
required, in accordance with their respective agency responsibilities.

Potential Range of Alternatives

    DOE anticipates, at this time, that its alternatives to be proposed 
for analysis in the Decommissioning and/or Long-Term Stewardship EIS 
would range from complete removal of Project waste and facilities to 
in-place closure of Project facilities, including a No Action 
Alternative as required by NEPA, and that NYSERDA would propose a 
similar range of decommissioning and/or long-

[[Page 56092]]

term stewardship alternatives to those proposed by DOE, for the 
facilities and areas for which NYSERDA is responsible. Additional 
alternatives may also be presented after consultation with NRC, NYSERDA 
and the public. However, DOE and NYSERDA expect the potential 
alternatives to be sufficiently consistent in concept with those 
identified in the1996 Draft Cleanup and Closure EIS to allow the use of 
technical information presented therein, supplemented as needed.

New Information To Be Evaluated

    NRC has indicated that it intends to publish a draft policy 
statement on prescribing decommissioning criteria for the WVDP for 
public comment and subsequently issue a final statement that would 
include its response to comments. Based upon ongoing discussions with 
the Commission, DOE and NYSERDA intend at this time to apply the NRC's 
License Termination Rule (10 CFR 20.1401 et seq.) as draft 
decommissioning criteria in assessing the health and environmental 
impacts of decommissioning the WVDP facilities, pending NRC issuance of 
its final Policy Statement on decommissioning criteria for the WVDP. If 
the final decommissioning criteria are issued before completion of the 
EIS, the results in the EIS will reflect any changes in criteria.
    In 1997, the NRC published the Generic Environmental Impact 
Statement in Support of Rulemaking on Radiological Criteria for License 
Termination of NRC-Licensed Nuclear Facilities (NUREG-1496) to support 
its decision-making on establishing explicit radiological criteria for 
decommissioning various types of facilities, including nuclear power 
plants, non-power reactors, fuel fabrication plants, uranium 
hexaflouride production plants, and independent spent fuel storage 
installations. This EIS analyzed courses of action that NRC would take 
in establishing radiological criteria for decommissioning and the cost 
and environmental impacts associated with those alternatives. Based on 
this analysis, the NRC promulgated its Final License Termination Rule 
(62 FR 39086, July 21, 1997). Although this EIS did not evaluate a 
reference spent fuel reprocessing facility, DOE and NYSERDA intend to 
use those aspects of NRC's EIS that may have specific relevance to the 
West Valley site.
    Further, DOE and NYSERDA also intend to evaluate other available 
NRC NEPA documents to identify elements that would be applicable to 
decommissioning activities at the WVDP and the Center. NRC issued the 
Final Generic Environmental Impact Statement on Decommissioning of 
Nuclear Facilities (NUREG-0586) in 1988 to assist it in reevaluating 
its regulatory requirements for decommissioning of nuclear facilities. 
In this EIS, the NRC evaluated the areas of decommissioning 
alternatives, financial assurance, planning, and residual radioactivity 
levels. This EIS was prepared to support the General Requirements for 
Decommissioning of Nuclear Facilities, Final Rule (53 FR 24018, June 
27, 1988) and analyzed a number of reference licensed facilities, 
including the Barnwell spent fuel reprocessing design, which was never 
demonstrated. The Barnwell facility, unlike the West Valley 
reprocessing facility, was designed for short-term liquid HLW storage 
and subsequent near-term HLW vitrification. The NRC is currently 
supplementing this EIS (65 FR 25395, May 1, 2000) to evaluate certain 
decommissioning alternatives for power reactor facilities in more 
detail.
    For the 1996 Draft WVDP Cleanup and Closure EIS, DOE developed or 
modified a variety of analytical tools specifically for that document. 
DOE has continued to refine many of these analytical tools as a result 
of public comments received on the 1996 Draft Cleanup and Closure EIS 
and ongoing interactions with stakeholders and regulatory agencies such 
as the NRC. DOE intends to apply these improved analytical tools to the 
preparation of the Decommissioning and/or Long-Term Stewardship EIS. To 
address significant issues such as erosion, for example, DOE has 
continued to develop a site-specific erosion model, with ongoing advice 
from NRC, and integrated that model into a revised performance 
assessment methodology, incorporating the use of sensitivity and 
uncertainty analyses.
    There are also some additional areas where new information will be 
obtained specifically for the Decommissioning and/or Long-Term 
Stewardship EIS. This work includes updated site characterization and 
census data and the performance of a seismic reflection survey in the 
vicinity of the WVDP. This seismic reflection survey, to be performed 
in consultation with academic, government, and industry participants, 
will contribute to knowledge about the regional structural geology as 
it may relate to the WVDP and the Center.
    Additional information that has become available since publication 
of the 1996 Draft Cleanup and Closure EIS includes DOE's Waste 
Management Programmatic Environmental Impact Statement (WM PEIS, DOE/
EIS-0200-F) and its associated Records of Decision. The WM PEIS 
analyzed on a national scale the centralization, regionalization, or 
decentralization of managing HLW, transuranic waste, low-level 
radioactive waste, mixed radioactive low-level waste (containing 
hazardous constituents), and non-wastewater hazardous waste. The 
Decommissioning and/or Long-Term EIS will incorporate, as appropriate, 
analyses from the WM PEIS so as to analyze site-specific activities 
necessary to implement the pertinent parts of the Records of Decision 
that apply to West Valley. The Decommissioning and/or Long-Term 
Stewardship EIS will also incorporate, as needed, information made 
available as a result of the Decontamination and Waste Management EIS.

Potential Environmental Issues for Analysis

    DOE has tentatively identified the following issues for analysis in 
the Decommissioning and/or Long-Term Stewardship EIS. The list is 
presented to facilitate early comment on the scope of the EIS. It is 
not intended to be all-inclusive nor to predetermine the alternatives 
to be analyzed or their potential impacts.
     Potential impacts to the general population and on-site 
workers from radiological and non-radiological releases from 
decommissioning and/or long-term stewardship activities.
     Potential environmental impacts, including air and water 
quality impacts, caused by decommissioning and/or long-term stewardship 
activities.
     Potential transportation impacts from shipments of 
radioactive, hazardous, or mixed waste generated during decommissioning 
activities.
     Potential impacts from postulated accidents.
     Potential disproportionately high and adverse effects on 
low-income and minority populations (environmental justice).
     Potential Native American concerns.
     Irretrievable and irreversible commitment of resources.
     Short-term and long-term land use impacts.
     Decommissioning criteria for the WVDP.
     Compliance with Federal, State, and local requirements.
     The influence of, and potential interactions of, any 
wastes remaining at the Center after decommissioning.
     Unavoidable adverse impacts.
     Issues associated with decommissioning and long-term site

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stewardship, including regulatory and engineering considerations.
     Long-term site stability, including erosion and 
seismicity.

Other Agency Involvement

    NYSDEC and the U.S. Environmental Protection Agency entered into an 
Administrative Order on Consent with DOE and NYSERDA in March 1992, 
pursuant to section 3008(h) of the Hazardous and Solid Waste Amendments 
of 1984 under the Resource Conservation and Recovery Act. The purpose 
of the Order is to protect human health and the environment from 
releases of hazardous waste and/or hazardous constituents. DOE and 
NYSERDA expect to continue ongoing work with NYSDEC and the U.S. 
Environmental Protection Agency to integrate the requirements of the 
Order with the EIS process. DOE anticipates that NYSDEC therefore would 
participate in the Decommissioning and/or Long-Term Stewardship EIS to 
the extent required to address its regulatory responsibilities for the 
WVDP and the Center, including the State Licensed Disposal Area, as an 
involved agency under SEQRA.

Future Public Involvement

    This Advance Notice of Intent does not serve as a substitute for 
the Notice of Intent that would initiate the public scoping process for 
the Decommissioning and/or Long-Term Stewardship EIS. After that Notice 
of Intent is published, DOE and NYSERDA expect to conduct the public 
scoping process in accordance with NEPA, the Council on Environmental 
Quality NEPA implementing regulations (40 CFR 1500--1508), the DOE's 
implementing regulations (10 CFR part 1021), and with New York's SEQRA 
and its implementing regulations (6 NYCRR 617). The scoping process 
will include a public meeting and a public comment period on the scope 
of the EIS.

Public Reading Rooms

    Documents referenced in this Advance Notice of Intent and related 
information are available at the following locations.

Central Buffalo Public Library Science and Technology Department, 
Lafayette Square, Buffalo, New York 14203, (716) 858-7098
The Olean Public Library, 134 North 2nd Street, Olean, New York 14760, 
(716) 372-0200
The Hulbert Library of the Town of Concord, 18 Chapel Street, 
Springville, New York 14141, (716) 592-7742
West Valley Central School Library, 5359 School Street, West Valley, 
New York 14141, (716) 942-3261
Ashford Office Complex, 9030 Route 219, West Valley, New York 14171, 
(716) 942-4555

    Issued in Washington, DC, on October 31, 2001.
Steven V. Cary,
Acting Assistant Secretary, Office of Environment, Safety and Health.
[FR Doc. 01-27841 Filed 11-5-01; 8:45 am]
BILLING CODE 6450-01-P