[Federal Register Volume 72, Number 140 (Monday, July 23, 2007)]
[Notices]
[Pages 40135-40139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-14139]


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DEPARTMENT OF ENERGY


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: Notice of Intent To Prepare an Environmental Impact Statement.

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SUMMARY: The Department of Energy (DOE) announces its intent to prepare 
an environmental impact statement (EIS) under the National 
Environmental Policy Act (NEPA) for the disposal of Greater-Than-Class-
C low-level radioactive waste (GTCC LLW). GTCC LLW is defined by the 
Nuclear Regulatory Commission (NRC) in 10 CFR 72.3 as ``low-level 
radioactive waste that exceeds the concentration limits of 
radionuclides established for Class C waste in [10 CFR 61.55].'' GTCC 
LLW is generated by NRC or Agreement State-licensed activities 
(hereafter referred to as NRC-licensed activities).
    DOE proposes to evaluate alternatives for GTCC LLW disposal: in a 
geologic repository; in intermediate depth boreholes; and in enhanced 
near surface facilities. Candidate locations for these disposal 
facilities would be: the Idaho National Laboratory (INL) in Idaho; the 
Los Alamos National Laboratory (LANL) and Waste Isolation Pilot Plant 
(WIPP) in New Mexico; the Nevada Test Site (NTS) and the proposed Yucca 
Mountain repository in Nevada; the Savannah River Site (SRS) in South 
Carolina; the Oak Ridge Reservation (ORR) in Tennessee; and the Hanford 
Site (Hanford) in Washington. DOE will also evaluate disposal at 
generic commercial facilities in arid and humid locations.
    In addition, DOE proposes to include DOE LLW and transuranic waste 
having characteristics similar to GTCC LLW and which may not have an 
identified path to disposal (hereafter referred to as GTCC-like waste) 
in the scope of this EIS. DOE's GTCC-like waste is owned or generated 
by DOE. The use of the term ``GTCC-like'' does not have the intent or 
effect of creating a new classification of radioactive waste.
    DOE invites public comment on the scope of this EIS during a 60-day 
public scoping period. During this period, DOE will hold public scoping 
meetings to provide the public with an opportunity to comment on the 
scope of the EIS and to learn more about the proposed action from DOE 
officials.
    DOE issued an Advance Notice of Intent (ANOI), 70 FR 24775 (May 11, 
2005), inviting the public to provide preliminary comments on the 
potential scope of the EIS. This Notice of Intent (NOI) includes a 
summary of the public comments received on the ANOI.

DATES: The public scoping period starts with the date of publication of 
this NOI in the Federal Register and will continue until September 21, 
2007. DOE will consider all comments received or postmarked by 
September 21, 2007 in defining the scope of this EIS. Comments received 
or postmarked after that date will be considered to the extent 
practicable.
    Public scoping meetings will be held to provide the public with an 
opportunity to present comments on the scope of the EIS and to learn 
more about

[[Page 40136]]

the proposed action from DOE officials. The locations, dates, and times 
for the public scoping meetings are listed in the ``Public Scoping'' 
section under SUPPLEMENTARY INFORMATION.

ADDRESSES: Written comments on the scope of the GTCC LLW EIS or 
requests to speak at one of the public scoping meetings should be sent 
to: James L. Joyce, Document Manager, Office of Regulatory Compliance 
(EM-10), U.S. Department of Energy, 1000 Independence Avenue, SW., 
Washington, DC 20585-0119. Telephone: (301) 903-2151. Fax: 301-903-
4303. E-mail: [email protected].
    Written comments on the scope of the GTCC LLW EIS and requests to 
speak at one of the public scoping meetings can also be submitted 
through the Web site at http://www.gtcceis.anl.gov.

FOR FURTHER INFORMATION CONTACT: To request further information about 
the EIS, the public scoping meetings, or to be placed on the EIS 
distribution list, use any of the methods (fax, telephone, e-mail, or 
Web site) listed under ADDRESSES above. For general information 
concerning the DOE NEPA process, contact: Carol Borgstrom, Director, 
Office of NEPA Policy and Compliance (GC-20), 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.
    This NOI will be available on the internet at http://www.eh.doe.gov/nepa.
    Additional information on the GTCC LLW EIS can be found at http://www.gtcceis.anl.gov.

SUPPLEMENTARY INFORMATION: 

Background

    GTCC LLW is defined by NRC in 10 CFR 72.3 as ``low-level 
radioactive waste that exceeds the concentration limits of 
radionuclides established for Class C waste in 10 CFR 61.55.'' In 10 
CFR 61.55, the NRC defines classes of LLW as A, B and C by the 
concentration of specific short- and long-lived radionuclides, with 
Class C LLW having the highest radionuclide concentration limits. 
Consistent with NRC's and DOE's authorities under the Atomic Energy Act 
of 1954 (as amended), the NRC LLW radioactive waste classification 
system does not apply to radioactive wastes generated or owned by DOE 
and disposed of at DOE facilities. However, DOE owns and generates LLW 
and transuranic radioactive waste with characteristics similar to GTCC 
LLW and that may not have a path to disposal. For the purposes of this 
EIS, DOE is referring to this DOE waste as GTCC-like waste (the use of 
the term ``GTCC-like'' does not have the intent or effect of creating a 
new classification of radioactive waste). DOE proposes to evaluate 
alternatives for the disposal of both GTCC LLW and DOE GTCC-like waste 
in this EIS.
    Section 3(b)(1)(D) of the Low-Level Radioactive Waste Policy 
Amendments Act of 1985 (LLRWPAA) assigns the responsibility for the 
disposal of GTCC LLW to the Federal Government. The LLRWPAA specifies 
that the GTCC LLW covered under Section 3(b)(1)(D) is to be disposed of 
in a facility licensed and determined to be adequate by the NRC. DOE is 
the federal agency responsible for the disposal of GTCC LLW. This 
responsibility was described in a 1987 report to Congress, 
Recommendations for Management of Greater-Than-Class-C Low-Level Waste 
(DOE/NE-0077), U.S. Department of Energy, February 1987. The report can 
be obtained by contacting the Document Manager listed under ADDRESSES 
above or from the Web site at http://www.gtcceis.anl.gov.
    The September 11, 2001, attacks and subsequent threats have 
heightened concerns that terrorists could gain possession of 
radiological sealed sources, including GTCC LLW sealed sources, and use 
them for malevolent purposes. Since 2003, the Government Accountability 
Office (GAO) has issued three reports on matters related to the 
security of uncontrolled sealed sources, including the Department's 
progress in developing a GTCC LLW disposal facility.\1\ In addition, 
the Energy Policy Act of 2005 contains several provisions (e.g., 
sections 631, 651, and 957) directed at improving the control of sealed 
sources, including disposal availability.
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    \1\ These GAO reports are entitled Nuclear Security: Federal and 
State Action Needed to Improve Security of Sealed Radiological 
Sources, GAO-03804 (August 6, 2004); Nuclear Nonproliferation: DOE 
Action Needed to Ensure Continued Recovery of Unwanted Radioactive 
Sources, GAO-03-438 (April 15, 2003); and Nuclear Security: DOE 
Needs Better Information to Guide Its Expanded Recovery of Sealed 
Sources, GAO-05-967 (September 2005). These reports can be found at 
http://www.gao.gov/.
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    Because of its technical expertise in radiation protection, the 
U.S. Environmental Protection Agency (EPA) will participate as a 
cooperating agency in the preparation of this EIS. NRC will be a 
commenting agency.

Energy Policy Act of 2005 Reporting Requirements

    Section 631 of the Energy Policy Act of 2005 requires the Secretary 
of Energy to: provide Congress with notification of the DOE office with 
responsibility for completing activities needed to provide for safe 
disposal of GTCC LLW; submit a report to Congress containing an 
estimate of the cost and schedule to complete an EIS and record of 
decision (ROD) for a permanent disposal facility for GTCC LLW; and 
prior to making a final decision on the disposal alternative or 
alternatives to be implemented, submit to Congress a report that 
describes all alternatives considered in the EIS. In meeting these 
requirements thus far, DOE has named the Office of Environmental 
Management as the lead organization having responsibility to develop 
GTCC LLW disposal capability and has submitted a report to Congress 
dated July 2006 on the estimated cost and proposed schedule to complete 
the EIS.

Types and Estimated Quantities of GTCC LLW and DOE GTCC-like Waste

    GTCC LLW may generally be categorized into the following three 
types: sealed sources, activated metals, and other miscellaneous waste 
(e.g., contaminated equipment). Sealed sources are typically small, 
high-activity radioactive materials encapsulated in closed metal 
containers. They are used for a variety of purposes including 
irradiating food and medical products for sterilization, detecting 
flaws and failures in pipelines and metal welds, calculating moisture 
content in soil and other materials, and assisting in the diagnosis and 
treatment of illnesses.
    Activated metal wastes are primarily generated in nuclear reactors 
during facility modifications and decommissioning. There are 104 
operating commercial reactors in the United States and an additional 18 
that have been closed or decommissioned. The activated metals consist 
of internal nuclear components that have become radioactive from 
neutron absorption. These components include portions of the reactor 
vessel and other stainless steel components near the fuel assemblies.
    Other miscellaneous waste includes all GTCC LLW that is not 
activated metals or sealed sources. This waste includes contaminated 
equipment, debris, trash, scrap metal and decontamination and 
decommissioning waste from miscellaneous industrial activities, such as 
the manufacture of sealed sources and laboratory research.
    DOE GTCC-like waste includes some sealed sources owned or generated 
by DOE activities; activated metals including reflector materials from 
research reactors as well as other miscellaneous waste owned by DOE or 
generated by DOE activities that has characteristics similar to GTCC 
LLW and may not have a path to disposal.

[[Page 40137]]

Most of the DOE GTCC-like waste consists of transuranic waste \2\ (a 
DOE waste category) that may have originated from non-defense 
activities and therefore may not be authorized for disposal at WIPP 
under the Waste Isolation Pilot Plant Land Withdrawal Act of 1992 and 
has no other currently identified path to disposal.
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    \2\ Transuranic waste is radioactive waste containing more than 
100 nanocuries of alpha-emitting transuranic isotopes per gram of 
waste, with half-lives greater than 20 years, except for: (1) High-
level waste; (2) waste that the Secretary of Energy has determined, 
with the concurrence of the Administrator of EPA, does not need the 
degree of isolation required by the 40 CFR Part 191 disposal 
regulations; or (3) waste that the NRC has approved for disposal on 
a case-by-case basis in accordance with 10 CFR Part 61. PAGE
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    DOE estimates a total inventory (existing and projected to be 
generated) of approximately 2,600 cubic meters of GTCC LLW and 
approximately 3,000 cubic meters of GTCC-like waste. A small percentage 
of this waste is mixed waste (i.e., radioactive waste that contains a 
hazardous component subject to the Resource Conservation and Recovery 
Act). Table 1 shows estimated quantities of GTCC LLW and GTCC-like 
waste that DOE proposes to analyze and is based on the report entitled 
Greater-Than-Class C Low-Level Radioactive Waste Inventory Estimates, 
(DOE, July 2007). This report updates the 1993 inventory estimates 
contained in the report entitled Greater-Than-Class C Low-Level 
Radioactive Waste Characterization: Estimated Volumes, Radionuclides, 
Activities, and Other Characteristics, DOE/LLW-114, Revision 1 (Sept. 
1994), which served as the basis for inventories in the ANOI. Copies of 
both reports are available by contacting the Document Manager listed 
under ADDRESSES above or at http://www.gtcceis.anl.gov.

                                Table 1.--Inventory Summary of Estimated Quantities of GTCC LLW and DOE GTCC-like Waste a
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                                                                                                             Total stored and projected
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                                                                                         Volume in
                         Waste type                            In storage   Projected      cubic     Activity\b\                 Activity   Volume  Activity
                                                                                           meters        MCi      Volume m\3\    \b\ MCi     m \3\    \(b)\
                                                                                           (m\3\)                                                      MCi
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GTCC LLW:
    Activated metal.........................................           58          3.5          810          110          870          110
    Sealed sources..........................................        (\c\)        (\c\)        1,700          2.4        1,700          2.4
    Other \d\...............................................           76       0.0076          1.0      0.00023           77       0.0078
                                                             -------------------------------------------------------------------------------------------
        Total GTCC LLW......................................          130          3.5        2,500          110        2,600          110
DOE GTCC-like waste:
    Activated metal.........................................          5.0         0.11           29         0.82           34         0.93
    Sealed sources..........................................          8.7        0.013           25        0.030           34        0.043
    Other \d\...............................................          860           11        2,000           19        2,900           30
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        Total DOE GTCC-like waste...........................          870           11        2,100           20        3,000           31
                                                             ===========================================================================================
            Total GTCC and GTCC-like waste..................        1,000           15        4,600          130        5,600         140
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\a\ Values have been rounded to two significant figures.
\b\ Radioactivity values are in millions of curies (MCi).
\c\ There are sealed sources currently possessed by NRC licensees that may become GTCC LLW when no longer needed by the licensee. The estimated volume
  and activity of those sources are included in the projected inventory, notwithstanding the lack of information on the current status of the sources
  (e.g., in use, waste, etc.).
\d\ Other GTCC LLW and DOE GTCC-like waste includes contaminated equipment, debris, trash, scrap metal and decontamination and decommissioning waste.

Purpose and Need for Action

    As shown in Table 1, NRC and Agreement State licensees have 
generated and continue to generate GTCC LLW for which there is no 
permitted disposal facility. DOE is responsible for the safe and secure 
disposal of GTCC LLW covered under Section 3(b)(1)(D) of the LLRWPAA, 
including determining how and where to dispose of these wastes. In 
addition, DOE owns or generates certain LLW and transuranic wastes with 
characteristics similar to GTCC LLW that also may not have an 
identified path to disposal.

Proposed Action

    DOE proposes to construct and operate a new facility or facilities, 
or use an existing facility, for the disposal of GTCC LLW and GTCC-like 
waste. DOE would then close the facility or facilities at the end of 
each facility's operational life. Based on the EIS analysis, DOE 
expects to make a decision on the method(s) and location(s) for 
disposing of GTCC LLW and DOE GTCC-like waste. A combination of 
disposal methods and locations may be appropriate based on the 
characteristics of the waste and other factors.

Alternatives Proposed for Evaluation

    The GTCC EIS will evaluate the range of reasonable alternatives for 
the disposal of GTCC LLW and GTCC-like waste, together with a no action 
alternative. The NRC regulations at 10 CFR 61.55(a)(2)(iv) define GTCC 
LLW as that waste which would require disposal in a geologic repository 
as defined in 10 CFR Part 60 or 63, unless proposals for an alternative 
method of disposal are approved by NRC under 10 CFR 61.55(a)(2)(iv). 
Although NRC regulations state that GTCC LLW is generally not 
acceptable for near surface-disposal, the NRC recognizes in 10 CFR 
61.7(b)(5) that ``there may be some instances where waste with 
concentrations greater than permitted for Class C waste would be 
acceptable for near-surface disposal with special processing or 
design.'' Therefore, the disposal methods DOE proposes to evaluate in 
the EIS include deep geologic repository disposal, intermediate depth 
borehole disposal, and enhanced near-surface disposal.
    For deep geologic disposal, DOE intends to analyze disposal at 
Yucca Mountain in Nevada, a proposed geologic repository to be licensed 
under 10 CFR Part 63. DOE will also evaluate deep geologic repository 
disposal at WIPP in New Mexico. Identification of

[[Page 40138]]

the proposed Yucca Mountain repository for analysis in the EIS is based 
on the 10 CFR 61.55 regulations, which identify disposal in a geologic 
repository licensed under 10 CFR Part 60 or 63 as an acceptable method 
for the disposal of GTCC LLW. Identification of WIPP is based on its 
characteristics as a geologic repository, although not subject to NRC 
licensing as a geologic repository under 10 CFR Parts 60 or 63. DOE 
does not plan to evaluate an additional deep geologic repository 
facility because siting of another deep geologic repository facility 
for GTCC LLW and GTCC-like waste is impractical due to the cost, time, 
and the relatively small volume of GTCC LLW and GTCC-like waste.
    DOE also intends to evaluate disposal of GTCC LLW and GTCC-like 
waste in a new intermediate depth borehole facility and enhanced-near 
surface facility at existing DOE sites and generic commercial 
locations. The DOE sites considered for analysis include INL in Idaho, 
LANL in New Mexico, WIPP vicinity (either within the WIPP Land 
Withdrawal perimeter that is under the jurisdiction of DOE, or on 
government property in the vicinity of WIPP), NTS in Nevada, SRS in 
South Carolina, ORR in Tennessee, and Hanford in Washington. 
Identification of these sites for potential analysis is based on 
mission compatibility (these DOE sites currently have waste disposal 
operations as part of their mission) and physical characteristics of 
the sites such as hydrogeology and topography.
    In addition, DOE intends to evaluate a generic enhanced near 
surface and intermediate depth borehole commercial disposal facility 
under both arid and humid conditions in the EIS. In a Request for 
Information in the FedBizOpps on July 1, 2005, DOE solicited technical 
capability statements from commercial vendors that may be interested in 
constructing and operating a GTCC waste disposal facility. Although 
several commercial vendors expressed an interest, no vendors have 
provided specific information on disposal locations and methods for 
analysis in the EIS. Including a generic commercial facility in the EIS 
would allow DOE to make a programmatic determination regarding disposal 
of GTCC LLW and GTCC-like waste in such a facility. Should one or more 
commercial facilities be identified at a later time, DOE would conduct 
further NEPA review, as appropriate.
    DOE intends to evaluate each of the GTCC waste types (i.e., sealed 
sources, activated metals, and other waste) individually and in 
combination for each of the disposal alternatives, taking into account 
the characteristics of the waste types and other considerations (e.g., 
waste volumes, physical and radiological characteristics, and 
generation rates). For example, GTCC LLW containing transuranic 
radionuclides with longer half-lives may require greater isolation or 
other special measures to protect against potential inadvertent human 
intrusion, whereas GTCC LLW containing radionuclides with shorter half-
lives may require less extensive measures. DOE will also consider 
volumes and time periods when wastes would be generated and require 
disposal.
    In the GTCC LLW EIS, DOE will describe the statutory and regulatory 
requirements for each disposal alternative and whether legislation or 
regulatory modifications may be needed to implement the alternative 
under consideration. In summary, DOE proposes to evaluate the 
alternatives listed below:
    Alternative 1: No Action--under this alternative, current and 
future GTCC LLW and GTCC-like waste would be stored at designated 
locations consistent with ongoing practices, such as storage of GTCC 
LLW activated metals at nuclear utilities;
    Alternative 2: Disposal in a Geologic Repository at WIPP--under 
this alternative, DOE would dispose of GTCC LLW and GTCC-like waste at 
WIPP;
    Alternative 3: Disposal in a Geologic Repository at Yucca 
Mountain--under this alternative, DOE would dispose of GTCC LLW and 
GTCC-like waste at the proposed Yucca Mountain Repository;
    Alternative 4: Disposal at a New Enhanced Near-Surface Facility--
under this alternative, DOE would dispose of GTCC LLW or GTCC-like 
waste at a new enhanced near-surface facility at INL, LANL, WIPP 
vicinity, NTS, SRS, ORR, and Hanford, or a commercial facility should 
such a facility be identified in the future;
    Alternative 5: Disposal at a New Intermediate Depth Borehole 
Facility--under this alternative, DOE would dispose of GTCC LLW or 
GTCC-like waste at a new intermediate depth borehole facility at INL, 
LANL, WIPP vicinity, NTS, SRS, ORR and Hanford, or a commercial 
facility should such a facility be identified in the future.

Identification of Environmental Issues

    DOE proposes to evaluate disposal technologies at various DOE and 
generic commercial locations for the construction, operation, and 
closure of a facility or facilities for the disposal of GTCC LLW and 
GTCC-like waste. DOE proposes to address the issues listed below in the 
process of considering the potential impacts of the proposed disposal 
alternatives.
     Potential impacts on air, noise, surface water and 
groundwater.
     Potential impacts from the shipment of GTCC LLW and GTCC-
like waste to the disposal site(s).
     Potential impacts from postulated accidents.
     Potential impacts on human health, including impacts to 
involved and non-involved site workers and members of the public.
     Potential impacts to historical and cultural artifacts or 
sites of historical and cultural significance.
     Potential disproportionately high and adverse effects on 
low income and minority populations (environmental justice).
     Potential Native American concerns.
     Short-term and long-term land use impacts.
     Long-term site suitability, including erosion and 
seismicity.
     Potential impacts to endangered species.
     Intentional destructive acts.
     Compliance with applicable federal, state, and local 
requirements.
     Irretrievable and irreversible commitment of resources.
     Cumulative impacts from past, present and reasonably 
foreseeable actions.
    This list is not intended to be inclusive, and we invite interested 
parties to suggest other issues to be considered, including aspects of 
the waste inventories presented in Table 1.

Summary of Public Comments on the Advance Notice of Intent

    In 2005, DOE issued an ANOI, 70 Fed. Reg. 24775 (May 11, 2005), 
inviting the public to provide preliminary comments on the potential 
scope of the EIS. DOE received comments on the ANOI from: the states of 
Nevada, Oregon and Washington; the Sacramento Municipal Utility 
District; the New England Coalition; the Sierra Club; the Nuclear 
Energy Institute; and the Savannah River Site Citizens Advisory Board. 
The major scoping issues identified in the comments are summarized 
below, along with DOE's response.
     EIS General Scope: Commenters questioned the need for the 
EIS, assuming that GTCC LLW would be disposed of in the proposed Yucca 
Mountain repository for spent nuclear fuel and high-level waste. Some 
commenters favored the inclusion of DOE's GTCC-like waste along with 
GTCC LLW generated from NRC-licensed activities in the EIS, while

[[Page 40139]]

other commenters recommended restricting the scope of the EIS to GTCC 
LLW analyzed in the Yucca Mountain EIS (DOE/EIS-0250, February 2002) or 
to waste generated from NRC-licensed activities. Still other commenters 
questioned the basis for projecting the GTCC LLW volume to 2035 and 
2055.
    Response: GTCC waste is LLW, not high-level waste or spent nuclear 
fuel; nevertheless, DOE has identified the proposed Yucca Mountain 
repository as one of the sites to be analyzed in the EIS for GTCC LLW 
as a disposal alternative, as well as other appropriate sites, in 
accordance with 10 CFR Part 61. Under the LLRWPAA, DOE is responsible 
for disposing of this waste, and because such disposal would be a major 
federal action, DOE is required by the Council on Environmental Quality 
regulations that implement NEPA to complete an EIS analyzing the range 
of reasonable alternatives for this action. The Energy Policy Act of 
2005 also requires DOE to take actions related to the preparation of an 
EIS for GTCC LLW. DOE plans to include its GTCC-like waste that may 
have no path to disposal, as well as waste generated from NRC or 
Agreement State licensed activities, and to identify where economies of 
scale may be achieved in using the same disposal methods and locations.
    DOE has identified the estimated GTCC LLW and GTCC-like waste 
volumes based on the best available data. DOE has changed the 
projections to 2035 and 2062 to include the 20-year license renewal 
that commercial reactors may receive plus an additional 6-year 
``cooling period'' before commencing reactor decommissioning 
activities. Thus GTCC LLW and GTCC-like waste estimates are projected 
through 2035, except for GTCC LLW activated metals estimates, which are 
projected through 2062, based on anticipated nuclear reactor 
decommissioning schedules.
     Waste Disposal Alternatives: Commenters stated that DOE 
should identify its criteria for including sites considered in the EIS 
as potential disposal locations and criteria for selecting the 
technologies and disposal methods to be evaluated.
    Response: DOE has identified its basis for the disposal locations 
and disposal methods proposed for analysis in the EIS under 
``Alternatives Proposed for Evaluation'' in this Notice.
     Waste Inventories: Commenters stated that the inventory 
data provided in the ANOI should be updated.
    Response: DOE has updated the inventory data as shown in Table 1. 
DOE will incorporate other appropriate inventory data that may become 
available during preparation of the EIS.
     Resource Areas Proposed for Analysis: Commenters suggested 
a number of subjects that DOE should include in the EIS impact 
analyses.
    Response: DOE's list of subjects proposed for evaluation in the EIS 
under ``Identification of Environmental Issues'' in this NOI responds 
to those comments.
     Concentration Averaging: Commenters raised questions about 
DOE's potential use of ``concentration averaging'' in which, for 
example, the activity of one component is averaged over the volume or 
mass of waste to identify applicable waste classification standards.
    Response: For the purposes of analysis in the EIS, DOE would use 
guidance in the Branch Technical Position on Concentration Averaging 
and Encapsulation, U.S. Nuclear Regulatory Commission, Washington DC, 
January 1995, to determine when LLW is greater than Class C as defined 
at according to 10 CFR Part 61.
     Regulatory Requirements: A number of commenters discussed 
the need to address compliance with regulatory and other legal 
requirements in the EIS.
    Response: The EIS would describe applicable regulatory and other 
legal requirements and consider the extent to which the alternatives 
analyzed meet those requirements.

Public Scoping

    Interested parties are invited to participate in the public scoping 
process to provide their comments on the proposed disposal alternatives 
for analysis in the EIS and the environmental issues to be analyzed. 
The scoping process is intended to involve all interested agencies 
(federal, state, county, and local), public interest groups, Native 
American tribes, businesses, and members of the public. Public scoping 
meetings will be held at the following locations and times:
     Carlsbad, New Mexico: Pecos River Village Conference 
Center, Carousel House, 711 Muscatel Avenue, Carlsbad, New Mexico, 
Monday, August 13, 2007, 6 p.m.-9 p.m.
     Los Alamos, New Mexico: Hilltop House Best Western, La 
Vista Room, 400 Trinity Drive, Los Alamos, New Mexico, Tuesday, August 
14, 2007, 6 p.m.-9 p.m.
     Oak Ridge, Tennessee: DOE Oak Ridge Information Center, 
475 Oak Ridge Turnpike, Oak Ridge, Tennessee, Wednesday, August 22, 6 
p.m.--9 p.m.
     North Augusta, South Carolina: North Augusta Community 
Center, 495 Brookside Avenue, North Augusta, South Carolina, Thursday, 
August 23, 6 p.m.-9 p.m.
     Troutdale, Oregon: Comfort Inn & Suites-Columbia Gorge 
West, 477 NW Phoenix Drive, Troutdale, Oregon, Monday, August 27, 2007, 
6 p.m.-9 p.m.
     Pasco, Washington: Red Lion Hotel, Gold Room, 2525 N 20th 
Avenue, Pasco, Washington, Tuesday, August 28, 2007, 6 p.m.-9 p.m.
     Idaho Falls, Idaho: Red Lion Hotel On The Falls, 
Yellowstone/Teton Rooms, 475 River Parkway, Idaho Falls, Idaho, 
Thursday, August 30, 2007, 6 p.m.-9 p.m.
     Las Vegas, Nevada: Atomic Testing Museum, 755 E. Flamingo 
Road (Just East of Paradise Road), Las Vegas, Nevada, Tuesday, 
September 4, 2007, 6 p.m.-9 p.m.
     Washington DC: Hotel Washington, Washington Room, 15th and 
Pennsylvania Avenue, NW., Washington, DC, Monday, September 10, 1 p.m.-
5 p.m.
    During the first hour of each scoping meeting, DOE officials will 
be available for informal discussions with attendees. During the formal 
part of the meeting, the public will have the opportunity to provide 
comments orally or in writing. The presiding officer will establish 
procedures to ensure that everyone who wishes to speak has a chance to 
do so. Both oral and written comments will be considered and given 
equal weight.

    Issued in Washington, DC on July 17, 2007.
James A. Rispoli,
Assistant Secretary for Environmental Management.
 [FR Doc. E7-14139 Filed 7-20-07; 8:45 am]
BILLING CODE 6450-01-P