[Federal Register Volume 69, Number 220 (Tuesday, November 16, 2004)]
[Notices]
[Pages 67139-67142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25406]


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DEPARTMENT OF ENERGY


Notice of Intent To Prepare an Environmental Impact Statement for 
the Proposed Consolidation of Nuclear Operations Related to Production 
of Radioisotope Power Systems

AGENCY: Department of Energy.

ACTION: Notice of Intent.

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SUMMARY: The Department of Energy (DOE) announces its intent to prepare 
an environmental impact statement (EIS), pursuant to the National 
Environmental Policy Act (NEPA) of 1969, for the proposed consolidation 
of nuclear activities related to production of radioisotope power 
systems (RPS) required for Government national security and space 
exploration missions at a single, highly secure DOE site. Currently, 
DOE's ongoing RPS-related production operations are located at three 
DOE sites in Idaho, New Mexico and Tennessee, requiring the transport 
of radioactive material that could be avoided by consolidation of these 
activities at a single site. The proposed consolidation of these 
operations, which includes production, purification, and encapsulation 
of plutonium-238 (Pu-238), would be consistent with DOE's approach on 
consolidating nuclear materials, increasing the security of nuclear 
materials, and reducing risks associated with transportation of nuclear 
materials. The EIS will analyze all reasonable alternatives for the 
consolidation of the RPS operations as well as the No Action 
alternative.

DATES: DOE invites public comments on the proposed scope of this EIS. 
The public scoping period begins with the publication of this notice 
and concludes on January 31, 2005. DOE invites the general public, 
Native American Tribes, State and local governments, other Federal 
agencies, DOE stakeholders, and

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other interested parties to comment on the scope of this EIS. To ensure 
that comments are considered in the preparation of the EIS, the 
comments should be transmitted or postmarked by January 31, 2005. Late 
comments will be considered to the extent practicable.
    DOE will conduct seven public scoping meetings in Idaho Falls, Twin 
Falls, and Fort Hall, Idaho; Jackson Hole, Wyoming; Los Alamos, New 
Mexico; Oak Ridge, Tennessee; and Washington, DC. During the scoping 
meetings, DOE will provide information on the proposed consolidation 
project and receive oral and written comments on the scope of the EIS, 
including those regarding reasonable alternatives and environmental 
issues that DOE should consider. The location, date, and time for these 
public meetings are as follows:

Idaho Falls, ID: Monday, December 6, 2004, from 6-8:30 p.m. at the 
Shilo Inn, Riverview Room, 780 Lindsay Blvd., Idaho Falls, ID 83402
Jackson, WY: Tuesday, December 7, 2004, from 7-9:30 p.m. at the Jackson 
Hole Middle School, Commons Room, 1230 South Park Loop Road, Jackson, 
WY 83001
Fort Hall, ID: Wednesday, December 8, 2004, from7-9:30 p.m. at the Fort 
Hall Tribal Business Center, Tribal Council Chambers, Pima Drive (I-15, 
Exit 80), Fort Hall Town Site, Fort Hall, ID 83203
Twin Falls, ID: Thursday, December 9, 2004, from 7-9:30 p.m. at the 
Shilo Inn, Twin Falls B Meeting Room, 1586 Blue Lake Blvd., Twin Falls, 
ID 83301
Los Alamos, NM: Monday, December 13, 2004, from 6-8:30 p.m. at the Los 
Alamos Golf Course, Golf Course Main Room, 4250 Diamond Drive, Los 
Alamos, NM 87544
Oak Ridge, TN: Wednesday, December 15, 2004, from 6-8:30 p.m. at the 
Oak Ridge Comfort Inn, Magnolia Conference Room, 433 S. Rutgers Ave., 
Oak Ridge, TN 37830
Washington, DC: Friday, December 17, 2004, from 1-3:30 p.m. at the 
Hyatt Regency on Capitol Hill, 400 New Jersey Avenue, NW., Washington, 
DC 20001

ADDRESSES: Comments or suggestions on the scope for the EIS, questions 
concerning the proposed action, requests to participate at the public 
scoping meetings, requests for special arrangements that would enable 
participation at the scoping meetings (e.g., an interpreter for the 
hearing impaired), and requests to be placed on the EIS distribution 
list may be directed to: Timothy A. Frazier, Document Manager, NE-50/
Germantown Building, Office of Space and Defense Power Systems, Office 
of Nuclear Energy, Science and Technology, U.S. Department of Energy, 
1000 Independence Avenue, SW., Washington, DC 20585-1290, telephone 
301-903-9420, or submitted via e-mail to 
[email protected]. You may also leave a message at 
(800) 919-3716, or send a fax to (800) 919-3765. Comments may also be 
submitted to DOE via the RPS EIS Web site at ConsolidationEIS.doe.gov.

FOR FURTHER INFORMATION CONTACT: For general information on the DOE 
NEPA process, please contact: Carol Borgstrom, Director, Office of NEPA 
Policy and Compliance, Office of Environment, Safety and Health, U.S. 
Department of Energy, 1000 Independence Avenue, SW., Washington, DC 
20585, 202-586-4600, or leave a message at 1-800-472-2756.

SUPPLEMENTARY INFORMATION:

Background

    The RPS is a unique technology for missions that require a long-
term, unattended source of heat and/or electrical power for use in 
harsh and remote environments--such as deep-space. The Pu-238 in these 
units serves as the source for generating heat and electricity. The 
heat source can be used directly to warm critical spacecraft 
components.
    Currently, DOE plans to produce RPS in support of Government 
national security and space exploration missions at three 
geographically separate and distant DOE sites: the Oak Ridge National 
Laboratory (ORNL), Tennessee; Los Alamos National Laboratory (LANL), 
New Mexico; and the Idaho Site, Idaho. DOE proposes to consolidate all 
nuclear activities of the existing and future RPS production operations 
at a single, highly secure DOE site. This consolidation would be 
consistent with DOE's approach on consolidating nuclear materials, 
increasing the security of nuclear materials, and reducing risks 
associated with the transportation of nuclear materials.
    The nuclear infrastructure required to produce RPS is comprised of 
three major components: (1) The production of Pu-238; (2) the 
purification and encapsulation of Pu-238 into a fuel form; and (3) the 
assembly, testing, and delivery of the RPS to the Federal users. The 
three major components of the existing infrastructure, including their 
current status, are briefly described below:
    Production of Pu-238: The Pu-238 production process consists of the 
fabrication of neptunium-237 (Np-237) targets, irradiation of the 
targets in a suitable irradiation facility, and the recovery of Pu-238 
from the irradiated targets through chemical processing. In the past, 
Pu-238 was produced at DOE's Savannah River Site (SRS), using reactors 
that are no longer operating. After SRS stopped producing Pu-238, DOE 
satisfied its Pu-238 requirement by using DOE's available inventory in 
storage at LANL. This inventory was augmented by Pu-238 purchased from 
Russia for use in space missions. DOE analyzed the need for 
reestablishment of Pu-238 production capability in the Programmatic 
Environmental Impact Statement for Accomplishing Expanded Civilian 
Nuclear Energy Research and Development and Isotope Production Missions 
in the United States, Including the Role of the Fast Flux Test Facility 
(NI PEIS) (DOE/EIS-0310), issued in December 2000. On the basis of the 
analysis in the NI PEIS, DOE issued a Record of Decision (ROD) (66 FR 
7877, January 26, 2001) to reestablish Pu-238 production capability at 
ORNL using the Radiochemical Engineering Development Center (REDC) for 
the fabrication of targets and extraction of Pu-238 from the irradiated 
targets. The Advanced Test Reactor (ATR) located at the Idaho National 
Engineering and Environmental Laboratory (also referred to as the Idaho 
Site), supplemented by the High Flux Isotope Reactor (HFIR) located at 
ORNL, would be used in the irradiation of targets, and the irradiated 
targets would be returned to REDC/ORNL for extraction of Pu-238. This 
decision, however, has not yet been implemented and the DOE has 
expended no resources to establish the Pu-238 production at the Oak 
Ridge Site.
    Np-237, the feed material for fabrication of targets for Pu-238 
production, had been stored at the SRS where Pu-238 was historically 
produced. In the NI PEIS ROD, DOE decided to transfer this material to 
ORNL since the Pu-238 capability was planned to be reestablished there. 
However, Np-237 is a special nuclear material and, after the events of 
September 11, 2001, it required a higher level of security than could 
be reasonably provided at REDC/ORNL. Therefore, DOE amended the ROD for 
the NI PEIS to change the storage location for Np-237 from ORNL to the 
Idaho Site (69 FR 50180, August 13, 2004). Np-237, in the form of an 
oxide, will be shipped from SRS to the Idaho Site beginning in FY 2005 
(and ending

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in FY 2006) for storage until needed for Pu-238 production.
    Purification and Encapsulation of Pu-238: Pu-238 is purified and 
encapsulated in a metal capsule and welded closed. These fuel capsules 
are used as a heat source in the RPS. The purification and 
encapsulation work is currently conducted within the Technical Area-55 
(TA-55) complex at LANL. The finished Pu-238 fuel capsules are shipped 
from LANL for assembly of the RPS at the Idaho Site.
    Assembly and Test Operations: From the early 1980s until late-2002, 
DOE conducted its assembly and test operations for the RPS at the Mound 
Site in Miamisburg, Ohio. Increased security requirements and concerns 
resulting from the attacks on September 11, 2001, led DOE to transfer 
these operations to the Idaho Site to provide enhanced security in a 
cost effective manner at a highly secure DOE site. The environmental 
impacts of the transfer from the Mound Site to the Idaho Site were 
assessed in an Environmental Assessment (DOE/EA-1343). A Finding of No 
Significant Impact was signed by DOE on August 30, 2002, and the 
transfer of the assembly and testing capability was initiated. The 
first RPS will be assembled and tested at the Idaho Site by September 
2005 in support of the National Aeronautics and Space Administration's 
(NASA) planned mission to survey the planet Pluto.
    In summary, the current RPS production capability and 
infrastructure resides at or was planned to reside within the DOE 
complex at the following different locations:
     Np-237, used in preparation of targets as the feed 
material for Pu-238 production, was to be transferred and stored at the 
Idaho Site (amendment to the NI PEIS ROD).
     The production capability was planned to be located at 
ORNL (NI PEIS ROD) where the targets would be fabricated in REDC, 
irradiated at ATR in Idaho (supplemented by HFIR in Oak Ridge) and then 
processed in REDC to recover Pu-238. Pu-238 was then to have been 
transported to LANL.
     Pu-238 was to be purified and encapsulated in TA-55 at 
LANL and transported to the Idaho Site.
     RPS assembly and test operations was to be conducted at 
the Idaho Site.

Purpose and Need for Agency Action

    As described above, RPS production infrastructure exists at or is 
planned for DOE sites in three locations: ORNL, LANL, and the Idaho 
Site. Consolidation of these operations at a single site would 
significantly increase security of the nuclear material while reducing 
risks associated with the transport of radioactive material.

Proposed Action

    DOE proposes to consolidate all Pu-238 operations at a single, 
highly secure site within its complex. These operations include the 
production of Pu-238, purification and encapsulation of Pu-238, and the 
assembly and testing of the RPS.

Preliminary Alternatives

    Consistent with NEPA implementation requirements, the EIS will 
assess the range of reasonable alternatives regarding DOE's need to 
consolidate nuclear operations related to RPS. DOE has identified the 
following two alternatives for the proposed RPS Production 
Consolidation Project.
    A. No Action Alternative: Under the No Action Alternative, DOE 
would continue the RPS production operations as explained above. The 
operations would consist of: (1) Np-237 storage at the Idaho Site and 
shipments to ORNL as needed for target fabrication; (2) Pu-238 
production at ORNL using HFIR and ATR (Idaho) for irradiation and 
processing in REDC located at ORNL; (3) Pu-238 purification and 
encapsulation in TA-55 facility at LANL; and (4) RPS assembly and test 
operations at the Idaho Site.
    B. Consolidation of Nuclear Operations Related to Production of RPS 
at the Idaho Site, the Preferred Alternative: Under this alternative, 
DOE would consolidate all activities related to RPS production within 
the secure area at the Idaho Site. New construction for the Pu-238 
production, purification, and encapsulation part of the infrastructure 
would be required due to the very limited capability of existing 
facilities in the secure area. No new construction would be required 
for the assembly and test operations that are already being located in 
the secure area at the Idaho Site. As previously stated, the 
consolidation of the RPS production infrastructure would include the 
following activities: (1) Np-237 would be stored at the Idaho Site as 
already decided; (2) Pu-238 production capability (including Np-237 
target fabrication and processing) would be established at the Idaho 
Site with ATR serving as the primary irradiation facility, and HFIR 
would be used only as a back-up facility if necessary; (3) Pu-238 
operations carried out at the TA-55 complex at LANL would be 
transferred to the Idaho Site; and (4) the existing facility, the Space 
and Security Power Systems Facility, at the Idaho Site would continue 
to be established and maintained for RPS assembly and test operations 
as already planned. This area of the Idaho Site where RPS nuclear 
operations are proposed to be consolidated is a highly secure location 
within the DOE complex.
    C. Other Reasonable Alternatives: Any other reasonable alternatives 
identified through the scoping process will be evaluated as 
appropriate.
    DOE considered whether consolidation at another site is reasonable. 
The proposed consolidation is not achievable at LANL since there is no 
operating reactor at the site for irradiation of targets.
    Consolidation at ORNL would not allow the DOE to meet its 
programmatic need. Because the reactor at ORNL, HFIR, is a dedicated 
facility for projects related to basic energy sciences and isotope 
production, use of this reactor for the RPS program would only be on an 
``as available'' basis and could not be guaranteed. Consolidation at 
ORNL, therefore, could only partially meet the programmatic objective. 
Also, as analyzed in the NI PEIS, irradiation of targets in HFIR would 
be limited due to reactor design and could not produce enough Pu-238 to 
meet programmatic objectives.

Preliminary Identification of Environmental Issues

    The issues listed below have been tentatively identified for 
analysis in the EIS. This list is presented to facilitate public 
comment on the scope of the EIS. It is not intended to be all-inclusive 
or to predetermine the potential impacts of any of the alternatives. 
DOE seeks public comments on the adequacy and completeness of the 
following issues:
     Potential impacts on ecosystems, including air quality, 
surface, and groundwater quality, and plants and animals.
     Potential health and safety impacts to on-site workers and 
to the public resulting from operations including reasonably 
foreseeable accidents.
     Potential health and safety, environmental, and other 
impacts related to the transport of radioactive materials to the 
consolidation location.
     Considerations related to the generation, treatment, 
storage, and disposal of wastes including the potential acceptability 
of waste at appropriate disposal facilities.
     Potential cumulative impacts of Pu-238 mission operations, 
including relevant impacts from other past, present, and reasonably 
foreseeable activities at the consolidation site.
     Potential impacts on cultural resources.

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     Potential socioeconomic impacts including any 
disproportionate impacts on minority and low-income populations.
     Pollution prevention and waste minimization opportunities.

Related NEPA Documentation

    NEPA documents that have been prepared for activities related to 
the proposed action include, but are not limited to, the following:
     Programmatic Environmental Impact Statement for 
Accomplishing Expanded Civilian Nuclear Energy Research and Development 
and Isotope Production Missions in the United States including the Role 
of the Fast Flux Test Facility (DOE/EIS-0310) (December 2000); and
     Environmental Assessment for Consolidation of Heat Source/
Radioisotope Thermoelectric Generator (HS/RTG) Assembly and Testing 
Operations (DOE/EA-1343) (August 2002).
    These NEPA documents (DOE/EIS-0310) and (DOE/EA-1343) are available 
on the DOE NEPA Web site at http://www.eh.doe.gov/nepa.

Public Reading Rooms

    Documents referenced in this NOI and other related information are 
available at DOE-Idaho Operations Office Public Reading Room, 1776 
Science Center Drive, Idaho Falls, ID 83415 (telephone 208-526-0271) 
and U.S. Department of Energy, Freedom of Information Reading Room, 
Forrestal Building, Room 1E-190,1000 Independence Avenue, SW., 
Washington, DC 20585-0117 (telephone 202-586-3142). As mentioned above, 
DOE's NEPA documents, including this NOI, are available at the DOE NEPA 
Web site (http://www.eh.doe.gov/nepa) and the RPS EIS Web site 
ConsolidationEIS.doe.gov.

Public Involvement Opportunities

    DOE seeks public involvement in the preparation of the EIS and 
solicits public comments on its scope and content as well as 
participation at the public scoping meetings in Idaho, Wyoming, New 
Mexico, Tennessee, and Washington, DC. DOE personnel will be available 
at the scoping meetings to explain the proposed project and answer 
questions. DOE will designate a neutral facilitator for the scoping 
meetings. During the first hour of each meeting, attendees may 
register, view displays, and discuss issues and concerns informally 
with DOE representatives. Following registration and the informal 
session, there will be a formal presentation and a period for 
questions, answers, and comments. To ensure that all persons wishing to 
express their comments are given an opportunity, a five-minute limit 
may be applied for each person; however, public officials and 
representatives of groups would be allotted ten minutes each. DOE 
encourages those presenting comments orally to also submit written 
comments, if possible.
    Comment cards will be available at the meetings for those who 
prefer to submit their comments in writing. Participants may be asked 
clarifying questions to ensure that DOE representatives fully 
understand the comments and suggestions.

NEPA Process

    The EIS for the proposed consolidation of nuclear operations 
related to the production of RPS will be prepared pursuant to the NEPA 
of 1969, the Council on Environmental Quality's Regulations for 
Implementing the Procedural Provisions of NEPA (40 CFR Parts 1500-
1508), and DOE NEPA Implementing Procedures (10 CFR Part 1021). A 45-
day comment period on the draft EIS is planned, during which public 
hearings will be held to receive comments. The draft EIS is scheduled 
to be issued in late spring 2005. Availability of the draft EIS, the 
dates of the public comment period, and information about the public 
hearings will be announced in the Federal Register and in local news 
media when the draft EIS is distributed. The final EIS is scheduled to 
be issued in late 2005. No sooner than 30 days after the U.S. 
Environmental Protection Agency's notice of availability of the final 
EIS is published in the Federal Register, DOE may issue its ROD.

    Issued in Washington, DC on November 10, 2004.
John Spitaleri Shaw,
Acting Assistant Secretary for Environment, Safety and Health.
[FR Doc. 04-25406 Filed 11-15-04; 8:45 am]
BILLING CODE 6450-01-P