[Federal Register Volume 70, Number 90 (Wednesday, May 11, 2005)]
[Notices]
[Pages 24775-24778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9397]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY


Advance Notice of Intent To Prepare an Environmental Impact 
Statement for the Disposal of Greater-Than-Class-C Low-Level 
Radioactive Waste

AGENCY: Department of Energy.

ACTION: Advance notice of intent.

-----------------------------------------------------------------------

SUMMARY: The U.S. Department of Energy (DOE) is providing advance 
notice of its intent to prepare an Environmental Impact Statement (EIS) 
under the National Environmental Policy Act (NEPA) on the disposal of 
Greater-Than-Class-C (GTCC) low-level radioactive waste (LLW) generated 
by activities licensed by the Nuclear Regulatory Commission (NRC). The 
primary purpose of this EIS is to address the disposal of wastes with 
concentrations greater than Class C, as defined in NRC regulations at 
10 CFR part 61, resulting from NRC or Agreement State licensed 
activities (hereafter referred to as NRC licensed activities). DOE also 
plans to review its waste inventories with a view toward including 
those wastes with characteristics similar to GTCC waste and which 
otherwise do not have a path to disposal in the scope of the EIS, as 
appropriate. DOE intends that this EIS will enable DOE to select any 
new or existing disposal locations, facilities, and methods for 
disposal of GTCC LLW and DOE waste with similar characteristics.
    The Low-Level Radioactive Waste Policy Amendments Act of 1985 
(LLRWPAA) assigned to the Federal Government responsibility for the 
disposal of GTCC radioactive waste. This EIS will evaluate alternative 
locations and methods for disposal of these wastes. Potential disposal 
locations include deep geologic disposal facilities; existing LLW 
disposal facilities, both commercial and DOE; and new facilities at DOE 
or other government sites, or on private land. Methods to be considered 
include deep geologic disposal, greater confinement disposal 
configurations, and enhanced near-surface disposal facilities.
    DOE is issuing this Advance Notice of Intent (ANOI), pursuant to 10 
CFR 1021.311(b), in order to inform, and request early comments from, 
the public and interested agencies about the proposed action, the 
preliminary range of alternatives, and the potential issues related to 
DOE's decisions for this category of waste. Following the issuance of 
this ANOI, DOE intends to conduct further activities to collect updated 
information from licensees and DOE sites on waste characteristics and 
projections to support the EIS analysis. As part of that effort, DOE 
may seek assistance from industry trade associations, Agreement States, 
NRC, and other appropriate entities. DOE intends to invite the NRC and 
the Environmental Protection Agency to participate as cooperating 
agencies in the preparation of this EIS.

DATES: Comments on this ANOI are due June 10, 2005. DOE will consider 
comments received after June 10, 2005 to the extent practicable. DOE 
plans to issue a Notice of Intent (NOI) for this EIS in the fall of 
2005. The NOI will propose a range of reasonable alternatives for 
disposal methods and locations. After the NOI is issued, DOE will 
conduct public scoping meetings to assist in further defining the scope 
of the EIS and to identify significant issues to be addressed. The 
dates and locations of all scoping meetings will be announced in the 
NOI, subsequent Federal Register notices, and in local media.

ADDRESSES: Please direct comments or suggestions on the scope of the 
EIS and questions concerning the proposed project to: James Joyce, 
Document Manager, Office of Federal Disposition Options (EM-13), U.S. 
Department of Energy, 1000 Independence Avenue, SW., Washington, DC 
20585-0119, Telephone (301) 903-2151, Fax: 301-903-3877, E-mail to: 
[email protected] (use ``ANOI Comments'' for the subject).

FOR FURTHER INFORMATION CONTACT: To request further information about 
this EIS, the public scoping meetings, or to be placed on the EIS 
distribution list, use any of the methods listed under ADDRESSES above. 
For general information concerning the DOE National Environmental 
Policy Act (NEPA) process, contact: Carol Borgstrom, Director, Office 
of NEPA Policy and Compliance (EH-42), U.S. Department of Energy, 1000 
Independence Avenue, SW., Washington, DC 20585-0119, Telephone: 202-
586-4600, or leave a message at 1-800-472-2756, Fax: 202-586-7031.

[[Page 24776]]

    This Advance Notice of Intent will be available on the Internet at 
http://www.eh.doe.gov/nepa.

SUPPLEMENTARY INFORMATION:

Background

    GTCC waste is LLW generated by NRC licensed facilities with 
concentrations of radionuclides which exceed the limits established by 
the NRC for Class C radioactive waste, as defined by 10 CFR 61.55. The 
NRC defines LLW classes as A, B and C by the concentration of specific 
short- and long-lived radionuclides, with Class C having the highest 
concentration limits (see 10 CFR part 61, ``Licensing Requirements for 
Land Disposal of Radioactive Waste'').
    Section 3(b)(1)(D) of the LLRWPAA assigns to the Federal Government 
responsibility for the disposal of certain GTCC radioactive waste 
generated by NRC licensees, which is not owned or generated by DOE, by 
the United States Navy from decommissioning vessels, or by certain 
other federal activities. The LLRWPAA also specifies that GTCC LLW, 
which is designated a federal responsibility by subparagraph (b)(1)(D) 
of the Act, be disposed of in a facility licensed by the NRC that the 
NRC determines is adequate to protect public health and safety. The 
LLRWPAA further states that the Secretary of Energy shall issue a 
report recommending safe disposal options for such wastes. DOE issued 
such a report in 1987. The report can be obtained by contacting the 
Document Manager listed under ADDRESSES above.
    GTCC LLW occurs in three forms, as discussed in the following 
sections and summarized in Table 1. The information in Table 1 on waste 
volumes and characteristics is based on reports that are approximately 
10 years old and, therefore, may no longer be accurate. Accordingly, 
DOE plans to conduct activities to update this information following 
the issuance of this ANOI. The reports identified below can be obtained 
by contacting the Document Manager listed under ADDRESSES above.

1. Sealed Sources

    Sealed sources contain radionuclides in concentrated, relatively 
small, encapsulated packages. These sources are widely used in 
medicine, agriculture, research and industry. DOE funded a study by the 
Idaho National Engineering Laboratory (Characterization of Greater-
Than-Class-C Sealed Sources, Volumes 1, 2, and 3, DOE/LLW-163 [Idaho 
Falls, Idaho: Sept. 1994]), which estimated there are about 250,000 
GTCC sealed sources in the United States.
    In the past, NRC has approached DOE regarding the disposition of 
unwanted sealed sources that present security or safety and health 
concerns due to existing storage conditions. As a result of these 
concerns, DOE has been recovering domestic sealed sources since 1992. 
This effort has focused on those sources that were determined to pose 
the highest risk, resulting in recovery, transfer of title and 
possession to DOE, and secure interim storage by DOE of approximately 
10,000 GTCC sealed sources. To date, no disposal path for many of these 
sealed sources has been identified. The September 11, 2001, terrorist 
events and subsequent potential threats have heightened concerns that 
individuals or organizations could gain possession of these sources and 
use them as the radionuclide source to make a Radiological Dispersal 
Device (also known as a ``dirty bomb''). According to a DOE-funded 
study by the Idaho National Engineering Laboratory (Greater-Than-Class 
C Low-Level Radioactive Waste Characterization: Estimated Volumes, 
Radionuclides and Other Characteristics, DOE/LLW-114, Revision 1 [Idaho 
Falls, Idaho: Sept. 1994]), the expected volume of sealed sources 
requiring disposal through 2035 is estimated to be as high as 1,913 
cubic meters (packaged volume).

2. GTCC-Activated Metals

    There are over 100 operating nuclear power plants and approximately 
20 non-operating power plants in various phases of decommissioning 
across the United States. As a result of reactor operations, portions 
of the reactor barrel and other stainless steel components near the 
fuel assemblies become highly activated by the neutron flux. The 
majority of this waste is generated when nuclear power plants are 
decommissioned, although some may result from maintenance activities 
performed before decommissioning. Many of these nuclear power plants 
are applying for and receiving license extensions from NRC. Therefore, 
much of this waste will be generated in the future. According to DOE/
LLW-114, Revision 1, nuclear utilities will generate an estimated 864 
to 5,960 cubic meters (packaged volumes) of GTCC-activated metal LLW 
through 2055.

3. Other GTCC LLW

    The third form of GTCC LLW consists of material such as nuclear 
power plant resin, filter media and general laboratory waste (glove 
boxes, gloves, wipes, smoke detectors), job wastes or other like debris 
from NRC-licensed fuel fabrication, fuel testing, and research 
laboratories. Nuclear utilities will generate an estimated 167 to 866 
cubic meters of such waste through the year 2035 (DOE/LLW-114, Revision 
1).
    In addition, DOE manages waste with radionuclide concentrations 
similar to GTCC LLW. Under the Atomic Energy Act of 1954, as amended 
(AEA), DOE has the authority to regulate the management of the 
radioactive hazard of its wastes; therefore, DOE does not use the 10 
CFR part 61 classification system, and most DOE wastes are not 
generated by NRC-licensed activities. Some of these DOE wastes are very 
similar to GTCC waste in that they are low-level wastes with 
concentrations greater than Class C and currently do not have an 
identified path for disposal. Much of the DOE waste that is similar to 
GTCC waste is generated by AEA defense activities.

 Table 1.--Summary of Wastes Being Considered for Inclusion in the Scope
   of the Planned Environmental Impact Statement Addressing Long-term
                Disposition of Greater Than Class C Waste
------------------------------------------------------------------------
         Waste form              Primary source     Volume and activity*
------------------------------------------------------------------------
Sealed Sources..............  Primarily medical,    Total estimate
                               industrial, and       through 2035 is up
                               scientific sources    to 1,913 cubic
                               containing long-      meters, with a
                               half-life nuclides    total activity
                               (e.g. americium,      industrial, and
                               plutonium) and high   scientific sources
                               activity sources      of approximately
                               with shorter half-    4,040,000 curies.
                               lives such as
                               cesium-137, and
                               strontium-90.
Activated Metal.............  Primarily from more   As decommissioning
                               than 100 nuclear      of reactors
                               power currently       proceeds over time,
                               operating, and        it is estimated
                               decommissioning       that GTCC activated
                               activities at 24      metal will amount
                               plants.               to about 864 plants
                                                     to 5,960 cubic
                                                     meters, containing
                                                     38 to 102 million
                                                     curies through year
                                                     2055.
Other Waste.................  Assortment of wastes  It is estimated that
                               such as glove         the quantity of non-
                               boxes, fuel           DOE waste in this
                               fabrication           category will
                               equipment, and        amount to about 167
                               trash resulting       to 866 cubic
                               from source           meters, containing
                               manufacture,          6,962 to 19,707
                               research, utility,    curies through
                               medical,              2035.
                               agricultural and
                               industrial sources.

[[Page 24777]]

 
DOE Waste...................  DOE also plans to     DOE plans to develop
                               review its waste      an inventory,
                               inventories with a    including volume
                               view toward           and activity
                               including those       estimates.
                               wastes with
                               characteristics
                               similar to GTCC
                               waste in the scope
                               of the EIS, as
                               appropriate.
------------------------------------------------------------------------
* Volume and activity estimates were obtained from DOE/LLW-114, Revision
  1. All volume estimates are packaged volumes.

Purpose and Need for Action

    DOE needs to identify the facilities and methods for disposing of 
GTCC LLW and similar DOE waste. Pursuant to the LLRWPAA, the Federal 
Government is responsible to provide disposal for GTCC LLW generated by 
NRC licensees. DOE is also responsible for the disposal of its wastes 
that are similar to GTCC waste. Currently, there are no facilities 
available for disposal of GTCC waste. Until disposal capability becomes 
available, the only option for managing GTCC LLW is to store it at its 
current locations or to find a location that can receive the waste and 
store it until a disposal facility is available to receive it.

Discussion

    In the 1987 report to Congress that provided recommendations on the 
disposal of GTCC LLW, the Secretary of Energy identified a number of 
activities that could be undertaken regarding GTCC waste including 
resolving regulatory uncertainties, addressing technical issues, and 
taking steps to ensure that entities that generate GTCC LLW bear all 
reasonable costs of waste disposal.
    In 2002, the General Accounting Office (now called the Government 
Accountability Office or GAO) conducted a review to determine the 
number of unwanted sealed sources in the United States, to determine 
the status of recovery efforts within DOE, to identify problems that 
may exist regarding recovery efforts, and to determine the status of 
DOE's efforts to provide a disposal facility for unwanted sealed 
sources. The GAO prepared a report, Nuclear Nonproliferation-DOE Action 
Needed to Ensure Continued Recovery of Unwanted Sealed Radioactive 
Sources, GAO-03-483, recommending that DOE initiate the process to 
develop a permanent disposal facility for GTCC LLW, and that it develop 
a plan that would establish milestones for the process, evaluate 
disposal options, estimate costs and address legislative, regulatory, 
and licensing considerations. Although GAO focused its review on sealed 
sources, DOE recognizes the LLRWPAA requirement that the Federal 
Government is responsible for disposal of other types of GTCC LLW from 
NRC-licensed activities. DOE also plans to review its waste inventories 
with a view toward including those wastes with characteristics similar 
to GTCC waste in the scope of the EIS, as appropriate.

Potential Range of Alternatives

    DOE proposes to dispose of GTCC LLW in a manner that protects human 
health and the environment. Accordingly, DOE intends to prepare an EIS 
pursuant to NEPA that would evaluate reasonable alternatives for 
disposal of these wastes. The scope of the EIS would include disposal 
capacity that will be needed for (1) current and projected GTCC LLW 
generated by NRC licensees that does not have a disposal pathway, and 
(2) DOE wastes with characteristics similar to GTCC waste identified 
for inclusion in the EIS based on DOE's inventory review.
    Alternatives to be considered include disposal in new or existing 
DOE or commercial facilities, including greater confinement disposal 
configurations, geologic disposal, or enhanced near-surface disposal 
facilities. The varied forms of GTCC LLW may make multiple locations 
and disposal methods desirable, and this EIS would evaluate such 
options.
    New facilities that could offer greater confinement disposal would 
include capabilities such as boreholes, intermediate depth disposal, 
and other specially designed facilities. DOE would also consider which 
types of GTCC LLW could be safely disposed of in existing commercial 
LLW disposal facilities and DOE disposal facilities. The potential 
environmental impacts of using both existing and new facilities owned 
and operated by DOE as well as existing and new facilities owned and 
operated by commercial licensees would be considered. DOE would 
evaluate whether all waste types can or should be disposed of in the 
same facility or whether different waste types would best be disposed 
of in different facilities. DOE would also consider quantities and time 
periods when wastes would require disposal and alternative modes of 
disposal.

Invitation to Comment

    DOE invites the public to provide early assistance in identifying 
the scope and environmental issues to be analyzed in the forthcoming 
GTCC LLW disposal EIS. DOE will consider public comments and other 
relevant information in developing a Notice of Intent for publication 
in the Federal Register.
    Following issuance of this ANOI, DOE will initiate activities to 
update information about the GTCC waste types and quantities in need of 
disposition. DOE will use this information to update the data to be 
analyzed in the EIS.

Preliminary Identification of Programmatic Issues

    DOE plans to consider the issues listed below in its analysis of 
the potential impacts of alternatives for the disposal of GTCC LLW. DOE 
invites comment from Federal agencies, Native American tribes, state 
and local governments, licensees of sealed sources and other GTCC LLW, 
and the public on these and any other issues that should be considered 
in the EIS:
     Identifying the best means to obtain an accurate inventory 
of potential GTTC LLW and DOE waste with similar characteristics 
including the source, volume, concentrations, and other relevant 
characteristics.
     Determining the logistics for waste characterization, 
inventory, transportation, treatment, interim storage and permanent 
disposal.
     Evaluating mechanisms and scenarios under which GTCC waste 
could be safely disposed of in existing and/or new LLW disposal 
facilities.
     Identifying and proposing resolution for issues associated 
with the chemical constituents in the GTCC LLW that may be regulated 
under the Resource Conservation and Recovery Act (RCRA).
     Identifying options for ensuring that the beneficiaries of 
the activities resulting in the generation of GTCC LLW bear all 
reasonable cost of disposing of such waste.
     Identifying DOE wastes that are appropriate for inclusion 
in the EIS.

[[Page 24778]]

Potential Environmental Issues for Analysis

    The DOE has tentatively identified the following environmental 
issues for analysis in the GTCC EIS. The list is presented to 
facilitate early comment on the scope of the EIS; it is not intended to 
be comprehensive nor to predetermine the alternatives to be analyzed or 
their potential impacts.
     Potential impacts to the general population and workers 
from radiological and non-radiological releases.
     Potential impacts, including air and water quality 
impacts.
     Potential transportation impacts from the shipment of GTCC 
radioactive waste to a disposal site.
     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.
     Compliance with applicable Federal, state, and local 
requirements.
     Long-term site health and environmental impacts, including 
potential impacts on groundwater quality.
     Long-term site suitability, including erosion and 
seismicity.

EIS Process

    DOE plans to issue the NOI in the fall of calendar year 2005, which 
will be followed by a public scoping period. DOE will announce the 
availability of the Draft EIS in the Federal Register and other media, 
and will provide the public, organizations, and agencies with an 
opportunity to submit comments. These comments will be considered and 
addressed in the Final EIS. DOE will issue a Record of Decision no 
sooner than 30 days after publication of the Environmental Protection 
Agency's notice of availability of the Final EIS.

    Issued in Washington, DC, on May 4, 2005.
C. Russell H. Shearer,
Acting Assistant Secretary for Environment, Safety and Health.
[FR Doc. 05-9397 Filed 5-10-05; 8:45 am]
BILLING CODE 6450-01-P