[Federal Register Volume 73, Number 207 (Friday, October 24, 2008)]
[Notices]
[Pages 63463-63464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25407]


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

DEPARTMENT OF ENERGY


Supplement to the Environmental Impact Statements for a Geologic 
Repository for the Disposal of Spent Nuclear Fuel and High-Level 
Radioactive Waste at Yucca Mountain, Nye County, NV

AGENCY: U.S. Department of Energy.

ACTION: Notice of Intent.

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

SUMMARY: The U.S. Department of Energy (DOE or the Department) is 
announcing its intent to prepare a Supplement to 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, February 2002) 
(Yucca Mountain Final EIS), and the ``Final 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-S1, July 2008) (Repository SEIS). The 
U.S. Nuclear Regulatory Commission (NRC) staff determined, pursuant to 
Section 114(f)(4) of the Nuclear Waste Policy Act of 1982, as amended 
(NWPA), that it is practicable to adopt, with further supplementation, 
DOE's environmental impact statements prepared in connection with the 
proposed repository at Yucca Mountain, Nye County, Nevada. The NRC 
staff concluded that the Yucca Mountain Final EIS and Repository SEIS 
did not address adequately all of the repository-related impacts on 
groundwater, or from surface discharges of groundwater, and therefore 
requested that DOE prepare a supplement to these environmental impact 
statements. Based on a review of the NRC staff evaluation, the 
Department has decided to prepare the requested supplement.

DATES: The Department invites comments during a 30-day period, which 
starts with publication of this Notice of Intent and ends November 24, 
2008. Comments received after this date will be considered to the 
extent practicable.

ADDRESSES: Requests for additional information on the supplement or on 
the repository program in general, or to become a cooperating agency 
should be directed to: Dr. Jane Summerson, EIS Document Manager, 
Regulatory Authority Office, Office of Civilian Radioactive Waste 
Management, U.S. Department of Energy, 1551 Hillshire Drive, Las Vegas, 
NV 89134, Telephone 1-800-967-3477. Written comments may be submitted 
to Dr. Jane Summerson at this address, or by facsimile to 1-888-767-
0739, or via the Internet at http://www.ocrwm.doe.gov/contact/comments.shtml.

FOR FURTHER INFORMATION CONTACT: For general information regarding the 
DOE National Environmental Policy Act (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

    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 Yucca 
Mountain Final EIS to fulfill that requirement. The Yucca Mountain 
Final EIS considered the potential environmental impacts of a 
repository design for surface and subsurface facilities, and plans for 
the construction, operation, monitoring, and eventual closure of the 
repository.

[[Page 63464]]

    On February 14, 2002, the Secretary, in accordance with the NWPA, 
transmitted his recommendation (including the Yucca Mountain Final EIS) 
to the President for approval of the Yucca Mountain site for 
development of a geologic repository. The President considered the site 
qualified for application to the NRC for a construction authorization 
and recommended the site to the U.S. Congress. On July 23, 2002, the 
President signed into law a joint congressional resolution designating 
the Yucca Mountain site for development as a geologic repository for 
the disposal of spent nuclear fuel and high-level radioactive waste.
    In 2006, DOE modified its approach to repository design and 
operational plans. On October 13, 2006, DOE announced that it would 
prepare a supplement to the Yucca Mountain Final EIS to evaluate 
potential environmental impacts of the modified repository design and 
operational plans.
    On June 3, 2008, the Department submitted an application to the NRC 
seeking authorization to construct a geologic repository at Yucca 
Mountain in Nye County, Nevada. DOE's application was accompanied by 
the Yucca Mountain Final EIS. On June 16, 2008, DOE submitted the 
Repository SEIS to the NRC. On July 11, 2008, the Environmental 
Protection Agency announced in the Federal Register the availability of 
the Repository SEIS (73 FR 39958).
    In accord with Section 114(f)(4) of the NWPA, the NRC shall adopt, 
to the extent practicable, any environmental impact statement prepared 
by DOE in connection with the proposed repository. The NRC staff 
reviewed DOE's Yucca Mountain Final EIS and Repository SEIS, and found 
that it is practicable to adopt, with further supplementation, these 
environmental impact statements. The NRC staff concluded that these 
environmental impact statements did not address adequately all of the 
repository-related impacts on groundwater, or from surface discharges 
of groundwater, and therefore requested that DOE prepare a supplement 
to the Yucca Mountain Final EIS and the Repository SEIS. Based on a 
review of the NRC staff evaluation, the Department has decided to 
prepare the requested supplement.
    The requested supplement will analyze further the repository-
related impacts on groundwater, and from surface discharges of 
groundwater. More specifically, the supplement will describe the extent 
of the volcanic-alluvial aquifer, particularly those parts that could 
become contaminated, and how water (and potential contaminants) can 
leave the flow system. In addition, the supplement will provide an 
analysis of the cumulative amount of radiological and non-radiological 
contaminants that can be reasonably expected to enter the aquifer from 
the repository, and the amount that could reasonably remain over time. 
This information will be used to estimate contamination in the 
groundwater, given potential accumulation of radiological and non-
radiological contaminants.
    The supplement also will provide a discussion of the impacts on 
soils and surface materials from the processes involved in surface 
discharges of contaminated groundwater. A description of locations of 
potential natural discharge of contaminated groundwater for present and 
expected future wetter periods will be included, as will a description 
of the physical processes at surface discharge locations that can 
affect accumulation, concentration, and potential remobilization of 
groundwater-borne contaminants. This information will be used to 
develop estimates of the amount of contaminants that could be deposited 
at or near the surface, and potential environmental impacts.

Schedule

    The Department intends to issue the Draft Supplement in the spring 
of 2009, at which time its availability will be announced in the 
Federal Register and in media in Nevada. A public comment period will 
start upon publication of the Environmental Protection Agency's Notice 
of Availability in the Federal Register. DOE will hold a public hearing 
during the comment period. The Department will consider and respond to 
comments received on the draft supplement in preparing the final 
supplement.

Public Reading Rooms

    Documents referenced in this Notice of Intent and related 
information are available at the following locations: Nye County 
Department of Natural Resources and Federal Facilities, 1210 E. Basin 
Road, Suite 6, Pahrump, NV 89060 (775) 727-7727; Pahrump 
Community Library, 701 East Street, Pahrump, NV 89041 (775) 727-5930; 
Beatty Library District, 400 N. 4th Street, Beatty, NV 89003 (775) 553-
2257; Amargosa Valley Library District, 829 East Farm Road, Amargosa, 
NV 89020 (775) 372-5340; 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) 784-6500, Ext. 309; 
Yucca Mountain Repository Assessment Office, 135 South Jackson Street, 
Independence, CA 93526 (760) 878-0030; National Nuclear Agency 
Administration Nevada Site Office, Public Reading Room, Frank H. Rogers 
Building, 755 C East Flamingo Road, Suite 103, Las Vegas, NV 89119 
(702) 794-5117; 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 21, 2008.
Edward F. Sproat, III,
Director, Office of Civilian Radioactive Waste Management.
 [FR Doc. E8-25407 Filed 10-23-08; 8:45 am]
BILLING CODE 6450-01-P