[Federal Register Volume 72, Number 197 (Friday, October 12, 2007)]
[Notices]
[Pages 58071-58074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-20135]


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DEPARTMENT OF ENERGY


Draft Supplemental Environmental Impact Statement for a Geologic 
Repository for the Disposal of Spent Nuclear Fuel and High-Level 
Radioactive Waste at Yucca Mountain, Nye County, NV and Draft 
Supplemental Environmental Impact Statement for a Geologic Repository 
for the Disposal of Spent Nuclear Fuel and High-Level Radioactive Waste 
at Yucca Mountain, Nye County, Nevada--Nevada Rail Transportation 
Corridor and Draft Environmental Impact Statement for a Rail Alignment 
for the Construction and Operation of a Railroad in Nevada to a 
Geologic Repository at Yucca Mountain, Nye County, NV

AGENCY: U.S. Department of Energy.

ACTION: Notice of availability.

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SUMMARY: The Department of Energy (DOE or the Department) announces the 
availability of two draft National Environmental Policy Act (NEPA) 
documents related to its Yucca Mountain Project: Draft Supplemental 
Environmental Impact Statement for a Geologic Repository for the 
Disposal of Spent Nuclear Fuel and High-Level Radioactive Waste at 
Yucca Mountain, Nye County, Nevada (DOE/EIS-0250F-S1D) (Draft 
Repository SEIS), and the Draft Supplemental Environmental Impact 
Statement for a Geologic Repository for the Disposal of Spent Nuclear 
Fuel and High-Level Radioactive Waste at Yucca Mountain, Nye County, 
Nevada--Nevada Rail Transportation Corridor (Draft Nevada Rail Corridor 
SEIS) (DOE/EIS-0250F-S2D) and Draft Environmental Impact Statement for 
a Rail Alignment for the Construction and Operation of a Railroad in 
Nevada to a Geologic Repository at Yucca Mountain, Nye County, Nevada 
(DOE/EIS-0369D) (Draft Rail Alignment EIS). The Department has prepared 
these documents consistent with NEPA, the Council on Environmental 
Quality (CEQ) regulations that implement the procedural provisions of 
NEPA (40 CFR parts 1500-1508), and DOE procedures implementing NEPA (10 
CFR part 1021).
    Nye County, Nevada, the location of the proposed Yucca Mountain 
repository, participated as a cooperating agency in the preparation of 
the Draft Repository SEIS. The U.S. Air Force, U.S. Bureau of Land 
Management, and the Surface Transportation Board participated as 
cooperating agencies in the preparation of the Draft Nevada Rail 
Corridor SEIS and Draft Rail Alignment EIS.

[[Page 58072]]

    DOE invites interested parties to comment on the two documents 
during a 90-day public comment period. During the public comment 
period, DOE will hold eight public hearings at six locations in Nevada, 
one location in California, and one location in Washington, DC, the 
locations and times of which are described below.

DATES: The Department invites comments on the Draft Repository SEIS, 
and the Draft Nevada Rail Corridor SEIS and Draft Rail Alignment EIS 
during the 90-day public comment period, which ends January 10, 2008. 
Comments received after this date will be considered to the extent 
practicable. Public hearings are described below in the SUPPLEMENTARY 
INFORMATION section.

ADDRESSES: Requests for additional information on the Draft Repository 
SEIS, or the Draft Nevada Rail Corridor SEIS and Draft Rail Alignment 
EIS should be directed to either: Dr. Jane Summerson or Mr. Lee Bishop, 
EIS Office, Office of Civilian Radioactive Waste Management, U.S. 
Department of Energy, 1551 Hillshire Drive, Las Vegas, NV 89134, or by 
calling 1-800-967-3477 or faxing a request to 1-800-967-0739.
    Written comments on the Draft Repository SEIS, and/or the Draft 
Nevada Rail Corridor SEIS and Draft Rail Alignment EIS may be submitted 
to the EIS Office at the above address, by facsimile to 1-800-967-0739, 
or via the Internet at http://www.ocrwm.doe.gov.

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

SUPPLEMENTARY INFORMATION:

Background

    Section 111(a)(4) of the Nuclear Waste Policy Act of 1982, as 
amended (NWPA), 42 U.S.C. 10131, states that the Federal Government has 
the:

    * * * responsibility to provide for the permanent disposal of 
high-level radioactive waste and such spent nuclear fuel as may be 
disposed of in order to protect the public health and safety and the 
environment.

    The NWPA directs the Secretary of Energy, if the Secretary decides 
to recommend approval of the Yucca Mountain site for development of a 
repository, to submit a final environmental impact statement with any 
recommendation to the President. The Department prepared the Final 
Environmental Impact Statement for a Geologic Repository for the 
Disposal of Spent Nuclear Fuel and High-Level Radioactive Waste at 
Yucca Mountain, Nye County, Nevada (DOE/EIS-0250F) (Yucca Mountain 
Final EIS) to fulfill that requirement.
    On February 14, 2002, the Secretary transmitted his recommendation 
(including the Yucca Mountain Final EIS) to the President for approval 
of the Yucca Mountain site for development of the Nation's first 
permanent geologic repository for the disposal of spent nuclear fuel 
and high-level radioactive waste. The President considered the site 
qualified for application to the U.S. Nuclear Regulatory Commission 
(NRC) for construction authorization and recommended the site to the 
U.S. Congress. Subsequently, on July 23, 2002, the President signed 
into law (Pub. L. 107-200) a joint resolution of the U.S. House of 
Representatives and the U.S. Senate designating the Yucca Mountain site 
for development as a geologic repository for the disposal of spent 
nuclear fuel and high-level radioactive waste. The Department is 
preparing an application for submittal to the NRC seeking authorization 
to construct the repository, as required by the NWPA (Section 114(b)).
    In the Yucca Mountain Final EIS, DOE considered the potential 
environmental impacts of a repository design for surface and subsurface 
facilities; a range of canister packaging scenarios and repository 
thermal operating modes; and plans for the construction, operation, 
monitoring, and eventual closure of the repository. The Yucca Mountain 
Final EIS also described and evaluated the transportation of spent 
nuclear fuel and high-level radioactive waste from commercial and DOE 
sites to the repository by two principal modes--mostly truck and mostly 
rail. DOE recognized at that time that these repository design concepts 
and operational plans would continue to develop during the design and 
engineering process.
    Since completion of the Yucca Mountain Final EIS in 2002, DOE has 
continued to develop the repository design and associated construction 
and operational plans. For example, as now proposed, the newly designed 
surface and subsurface facilities would allow DOE to operate the 
repository following a primarily canistered approach in which most 
commercial spent nuclear fuel would be packaged at the reactor sites in 
transportation, aging, and disposal (TAD) canisters. Any commercial 
spent nuclear fuel arriving at the repository in packages other than 
TAD canisters would be repackaged by DOE into TAD canisters in these 
surface facilities at the repository. DOE would construct these 
facilities over a period of several years (referred to as phased 
construction) to accommodate the increase in spent nuclear fuel and 
high-level radioactive waste receipt rates as repository operational 
capability reaches its design capacity.
    On October 13, 2006 (71 FR 60490), the Department issued a Notice 
of Intent to prepare a supplement to the Yucca Mountain Final EIS, to 
inform the public of the proposed scope of the Repository SEIS, to 
solicit public input regarding the document's scope, and to announce 
the schedule of scoping meetings that would be held. During the public 
scoping period, which closed on December 12, 2006, DOE held four public 
scoping meetings.
    The Draft Repository SEIS evaluates a Proposed Action and a No 
Action Alternative. Under the Proposed Action, DOE would construct, 
operate, monitor, and eventually close a geologic repository at Yucca 
Mountain for the disposal of up to 70,000 metric tons of heavy metal 
(MTHM) of commercial and DOE-owned spent nuclear fuel and high-level 
radioactive waste. Under the Proposed Action, most spent nuclear fuel 
and high-level radioactive waste would be shipped from 72 commercial 
and 4 DOE sites to the repository in NRC-certified transportation casks 
placed on trains dedicated only to these shipments. Some shipments 
would arrive at the repository by truck.
    Under the No Action Alternative, DOE would terminate activities at 
Yucca Mountain and undertake site reclamation to mitigate any 
significant adverse environmental impacts.
    Commercial nuclear power utilities and DOE would continue to manage 
spent nuclear fuel and high-level radioactive waste at sites throughout 
the United States.
    Since issuance of the Yucca Mountain Final EIS, DOE issued a Record 
of Decision on April 8, 2004 (69 FR 18557) announcing its selection, 
both nationally and in the State of Nevada, of the mostly rail scenario 
analyzed in the Yucca Mountain Final EIS as the mode of transportation 
for shipments of spent nuclear fuel and high-level radioactive waste to 
the repository. Implementation of the mostly rail scenario ultimately 
will require construction of a rail line to connect the repository site 
at Yucca Mountain to an existing rail line in the State of Nevada. To 
that end, in the same Record of Decision, the Department also selected 
the Caliente rail corridor to study possible alignments for this 
proposed rail line within Nevada.

[[Page 58073]]

    Also on April 8, 2004 (69 FR 18565), DOE published a Notice of 
Intent to prepare an EIS under NEPA for the alignment, construction, 
and operation of a rail line for shipments of spent nuclear fuel, high-
level radioactive waste, and other materials related to the 
construction and operation of a repository from a site near Caliente, 
Nevada, to a geologic repository at Yucca Mountain, Nevada (Rail 
Alignment EIS; DOE/EIS-0369). The subsequent public scoping period 
closed on June 1, 2004, during which time the Department held five 
public scoping meetings.
    During this public scoping period, DOE received comments suggesting 
that other rail corridors should be considered, in particular, the Mina 
route, which crosses the Walker River Paiute Tribe Reservation. In the 
Yucca Mountain Final EIS, DOE had considered but eliminated the Mina 
route from detailed study. The Department did not study the Mina route 
in detail in the Yucca Mountain Final EIS because a rail line within 
the Mina route could only connect to an existing rail line by crossing 
the Walker River Paiute Reservation, and the Tribe had informed DOE 
that it objected to the transportation of nuclear waste across its 
Reservation. However, following review of the scoping comments, DOE 
held discussions with the Tribe regarding the availability of the Mina 
route for evaluation. In May 2006, the Tribal Council for the Walker 
River Paiute Tribe informed DOE that it withdrew its objection to the 
completion of an EIS for the transportation of nuclear waste across the 
Walker River Paiute Reservation.
    On October 13, 2006 (71 FR 60484), after a preliminary evaluation 
of the feasibility of the Mina rail corridor, DOE amended its 2004 
Notice of Intent and announced the Department's intent to expand the 
scope of the Rail Alignment EIS to consider the potential environmental 
impacts of constructing and operating a rail line within the Mina 
corridor (corridor-level analysis) and, if warranted, to consider in 
detail alignments for the construction and operation of a railroad 
within the Mina corridor (in addition to alignments within the Caliente 
corridor). The subsequent public scoping period closed on December 12, 
2006, during which time the Department held eight public scoping 
meetings.
    The expanded EIS (now the Draft Nevada Rail Corridor SEIS and Draft 
Rail Alignment EIS) is comprised of two parts. The Draft Nevada Rail 
Corridor SEIS (DOE/EIS-0250F-S2D) supplements the Nevada rail corridor 
analysis in the Yucca Mountain Final EIS by analyzing the potential 
environmental impacts associated with constructing and operating a 
railroad to connect the Yucca Mountain repository to an existing rail 
line near Wabuska, Nevada (the Mina corridor). In it, DOE analyzes the 
Mina corridor at a level of detail commensurate with that of the rail 
corridor analysis in the Yucca Mountain Final EIS. DOE also analyzes a 
No Action Alternative under which DOE would not construct and operate a 
railroad within the Mina corridor. The Draft Nevada Rail Corridor SEIS 
also updates, as appropriate, the rail corridor analysis of the Yucca 
Mountain Final EIS to identify any significant new circumstances or 
information relevant to environmental concerns associated with rail 
corridors analyzed previously (Carlin, Valley Modified, and Jean rail 
corridors).
    The Draft Rail Alignment EIS (DOE/EIS-0369D) analyzes the potential 
environmental impacts associated with potential rail alignments within 
the Caliente and Mina corridors, and analyzes constructing and 
operating a railroad in Nevada to transport spent nuclear fuel, high-
level radioactive waste, and other Yucca Mountain project materials to 
a repository at Yucca Mountain. As such, it tiers from the broader 
corridor analysis in both the Yucca Mountain Final EIS and the Draft 
Nevada Rail Corridor SEIS, consistent with CEQ regulations (see 40 CFR 
1508.28). The Draft Rail Alignment EIS also analyzes a No Action 
Alternative under which DOE would not determine an alignment nor 
construct and operate a railroad within either the Caliente or Mina 
corridors.
    On April 17, 2007, the Tribal Council for the Walker River Paiute 
Tribe passed a resolution withdrawing support for the Tribe's 
participation in the preparation of the Draft Rail Corridor SEIS and 
Draft Rail Alignment EIS. The Tribal Council's decision was based on a 
review of information gathered to date and input from tribal members.
    The Tribal Council's resolution also renewed the Tribe's past 
objection to the transportation of nuclear waste through their 
Reservation. Accordingly, DOE has identified the Mina Implementing 
Alternative as ``nonpreferred'' in the Draft Rail Alignment EIS.
    In the Draft Rail Alignment EIS, the Department identifies the 
Caliente Implementing Alternative as its preferred alternative, and 
identifies its preferred rail alignment as comprising the following 
segments (starting in Caliente and ending at Yucca Mountain): Caliente 
Alternative Segment, Common Segment 1, Garden Valley 1, Common Segment 
2, South Reveille 3, Common Segment 3, Goldfield 3, Common Segment 4, 
Bonnie Claire 3, Common Segment 5, Oasis Valley 1, and Common Segment 
6. The location of these segments and the basis for DOE's preferences 
are provided in the document. The Department also indicates in the 
Draft Rail Alignment EIS that it prefers the Shared Use option, that 
is, DOE would make its rail line available to commercial shippers for 
shipments of general freight. The Department invites comments on its 
preferred implementing alternative and associated preferred rail 
alignment and on its preference to enable use of the rail line by 
commercial shippers.
    DOE, in the Draft Rail Alignment EIS, also evaluates three 
potential locations along the Caliente Implementing Alternative for a 
Staging Yard: Two along the Caliente alternative segment (referred to 
as Indian Cove and Upland) and one along the Eccles alternative segment 
(referred to as Eccles-North). The Staging Yard would be used to hold 
railcars with spent nuclear fuel and high-level radioactive waste, and 
to hold and sort railcars with construction and other materials. The 
Department has not identified a preferred location for the Staging Yard 
and invites comments that would help DOE identify a preferred location.

Other Agency Involvement

    Nye County, Nevada, the location of the proposed Yucca Mountain 
repository, participated as a cooperating agency in the preparation of 
the Draft Repository SEIS. The U.S. Air Force, the U.S. Bureau of Land 
Management, and the Surface Transportation Board are cooperating 
agencies in the preparation of the Draft Nevada Rail Corridor SEIS and 
Rail Alignment EIS.

Public Hearings and Invitation To Comment

    The public is invited to provide oral and written comments on the 
Draft Repository SEIS, and/or Draft Nevada Rail Corridor SEIS and Draft 
Rail Alignment EIS during a 90-day public comment period. The comment 
period begins with publication of this Notice of Availability in the 
Federal Register and closes on January 10, 2008. Comments received 
after this date will be considered to the extent practicable in the 
preparation of both final NEPA documents.
    DOE will hold eight public hearings on the Draft Repository SEIS, 
and Draft Nevada Rail Corridor SEIS and Draft Rail Alignment EIS. The 
hearings will be held at the following locations and times:

[[Page 58074]]

     Hawthorne, Nevada. Hawthorne Convention Center, 932 E. 
Street, November 13, 2007, from 4 to 7 p.m.
     Caliente, Nevada. Caliente Youth Center, U.S. Highway 93, 
November 15, 2007, from 5:30 to 8 p.m.
     Reno/Sparks, Nevada. Reno-Sparks Convention Center, 4590 
S. Virginia Street, November 19, 2007, from 4 to 7 p.m.
     Town of Amargosa Valley, Nevada. Longstreet Inn & Casino, 
Highway 373, November 26, 2007, from 4 to 7 p.m.
     Goldfield, Nevada. Goldfield School Gymnasium, Hall & 
Euclid, November 27, 2007, from 4 to 7 p.m.
     Lone Pine, California. Statham Hall, 138 N. Jackson 
Street, November 29, 2007, from 4 to 7 p.m.
     Las Vegas, Nevada. Cashman Center, 850 Las Vegas Blvd., 
December 3, 2007, from 4 to 7 p.m.
     Washington, DC Marriott at Metro Center, 775 12th Street, 
NW., December 5, 2007, from 2 to 5 p.m.
    The public hearings will provide members of the public the 
opportunity to provide oral comments on the record. Members of the 
public who plan to present oral comments are asked to register in 
advance by calling 1-800-225-6972; speakers also may register upon 
arrival at the hearing location. The Department intends to allot five 
minutes to each individual wishing to provide oral comments so as to 
ensure that each registered individual has the opportunity to speak. If 
time permits, more than five minutes will be allotted by the hearing 
officer.
    Prior to, and coincident with, the public hearings, members of the 
public are invited to engage DOE representatives in one-on-one 
discussions in an open-house format. Members of the public also may 
offer comments in writing or in person (orally) to a DOE representative 
in the presence of a court reporter during these discussions.
    Comments on the Draft Repository SEIS, and/or Draft Nevada Rail 
Corridor SEIS and Draft Rail Alignment EIS may be provided in writing, 
by facsimile, or via the Internet to the EIS Office (see ADDRESSES 
above).

Public Reading Rooms

    Documents referenced in this Notice of Availability and related 
information are available at the following locations: Esmeralda County 
Yucca Mountain Oversight Office, 274 E. Crook Avenue, Goldfield, NV 
89013, (775) 485-3419; Lincoln County Nuclear Waste Project Office, 100 
Depot Avenue, Caliente, NV 89008, (775) 726-3511; Nye County Nuclear 
Waste Repository Project Office, 1210 E. Basin Road, Suite 6, 
Pahrump, NV 89060 (775) 727-7727; Pahrump Yucca Mountain Information 
Center, 2341 Postal Drive, Pahrump, NV 89048, (775) 751-7480; 
University of Nevada, Reno, The University of Nevada Libraries, 
Business and Government Information Center, M/S 322, 1664 N. Virginia 
Street, Reno, NV 89557, (775) 813-6496; and the U.S. Department of 
Energy Headquarters Office Public Reading Room, 1000 Independence 
Avenue, SW., Room 1E-190 (ME-74) FORS, Washington, DC 20585, 202-586-
3142.

    Issued in Washington, DC, on October 9, 2007.
Edward F. Sproat, III,
Director, Office of Civilian Radioactive Waste Management.
 [FR Doc. E7-20135 Filed 10-11-07; 8:45 am]
BILLING CODE 6450-01-P