[Federal Register Volume 85, Number 154 (Monday, August 10, 2020)]
[Notices]
[Pages 48236-48239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17374]


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DEPARTMENT OF ENERGY


Finding of No Significant Impact for the Commercial Disposal of 
Defense Waste Processing Facility Recycle Wastewater From the Savannah 
River Site

AGENCY: Office of Environmental Management, Department of Energy.

ACTION: Finding of No Significant Impact.

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SUMMARY: The Department of Energy (DOE) has completed the Final 
Environmental Assessment for the Commercial Disposal of Defense Waste 
Processing Facility Recycle Wastewater from the Savannah River Site 
(Final EA). The Proposed Action in the Final EA is the disposal of up 
to 10,000 gallons of stabilized (grouted) Defense Waste Processing 
Facility (DWPF) recycle wastewater from the Savannah River Site (SRS) 
at a commercial low-level radioactive waste (LLW) disposal facility 
located outside of South Carolina and licensed by either the Nuclear 
Regulatory Commission (NRC) or an Agreement State. Based on the 
information and analysis in the Final EA, DOE intends to ship up to 8 
gallons of the DWPF recycle wastewater to the Waste Control 
Specialists, LLC (WCS) Federal Waste Facility (FWF), a licensed 
commercial disposal facility located in Andrews, Texas, for 
stabilization and disposal.

ADDRESSES: This Finding of No Significant Impact and the Final EA are 
available on the DOE National Environmental Policy Act (NEPA) website 
at: https://www.energy.gov/nepa/doeea-2115-commercial-disposal-defense-waste-processing-facility-recycle-wastewater-savannah.

FOR FURTHER INFORMATION CONTACT: James Joyce and/or Theresa Kliczewski, 
U.S. Department of Energy, Office of Environmental Management, Office 
of Waste and Materials Management (EM-4.2), 1000 Independence Avenue 
SW, Washington, DC 20585. Emails: [email protected] and 
[email protected]. Phone number: (202)586-5000.

SUPPLEMENTARY INFORMATION: 

Background

    DOE prepared the Final EA in accordance with Council on 
Environmental Quality (CEQ) regulations and DOE NEPA implementing 
procedures at 40 CFR parts 1500 through 1508 and 10 CFR part 1021, 
respectively. In the Final EA, the proposed action is the disposal of 
up to 10,000 gallons of stabilized (grouted) DWPF recycle wastewater 
from the SRS H-Area Tank Farm at a commercial LLW disposal facility 
located outside of South Carolina and licensed by either the NRC or an 
Agreement State under 10 CFR part 61. Treatment and disposal 
alternatives for this waste are discussed under the ``Proposed Action 
and Alternatives'' section. Any proposal to dispose of more than 10,000 
gallons of DWPF recycle wastewater would be evaluated in a separate 
NEPA review.
    The proposed action would be implemented starting within 12 months 
\1\ of this Finding of No Significant Impact and would inform planning 
activities for the three years between the completion of the Salt Waste 
Processing Facility (SWPF) mission (estimated 2031) and DWPF mission 
completion (estimated 2034). During that three-year period, DOE will 
not have the option of returning DWPF recycle wastewater to the tank 
farm (which is how SRS presently addresses DWPF recycle wastewater) and 
SWPF for processing because SWPF will have completed its mission of 
treating salt waste from the tank farms and will undergo closure. The 
proposed action enables DOE to develop an alternative capability for 
stabilization and disposal of DWPF recycle through the use of a 
licensed commercial facility.
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    \1\ This small quantity (up to 8 gallons) would enable DOE to 
initiate the transportation, stabilization, and disposal within the 
next 12 months.
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    SRS generated large quantities of liquid radioactive waste as a 
result of its nuclear materials production mission. This liquid 
radioactive waste has historically been managed as high-level 
radioactive waste (HLW). The waste was placed into underground storage 
tanks at SRS and consists primarily of three physical forms: Sludge, 
saltcake, and liquid supernatant. The sludge portion in the underground 
tanks is being transferred on-site to the DWPF for vitrification in 
borosilicate glass to immobilize the radioactive constituents. The 
resulting vitrified waste form is poured as molten glass into 
production canisters where it cools into a solid

[[Page 48237]]

glass-waste and is securely stored at SRS until DOE establishes a final 
disposition path. DWPF operations generate recycle wastewater. The DWPF 
recycle wastewater is a combination of several dilute liquid waste 
streams consisting primarily of condensates from the vitrification 
processes. Other components of the DWPF recycle wastewater include 
process samples, sample line flushes, sump flushes, and cleaning 
solutions from the decontamination and filter dissolution processes. 
Currently, the DWPF recycle wastewater is returned to the tank farm for 
volume reduction by evaporation or is beneficially reused in salt 
dissolution or sludge washing. The DWPF recycle wastewater is currently 
managed as HLW because it has radionuclides from reprocessing waste as 
a result of DWPF operations or storage in tanks that contain residual 
quantities of reprocessing waste.
    On October 10, 2018, DOE published a notice in the Federal Register 
requesting public comment on its interpretation of the definition of 
the statutory term, ``high-level radioactive waste,'' as set forth in 
the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.) and 
the Nuclear Waste Policy Act (NWPA) (42 U.S.C. 10101 et seq.) (83 FR 
50909). In that notice, DOE explained the history and basis for its 
interpretation to classify the reprocessing waste based on its 
radiological contents and not on the origin of the waste. Subsequently, 
on June 10, 2019, DOE published a Supplemental Notice in the Federal 
Register (84 FR 26835) that provided DOE's interpretation as informed 
by public review and comment and further consideration by DOE. DOE 
revised its interpretation after consideration of public comments, 
which included comments from the NRC, members of Congress, affected 
states and Native American tribes, and individual stakeholders, in 
order to clarify its meaning and import. This interpretation intends to 
facilitate the safe disposal of defense reprocessing waste if the waste 
meets either of the following two criteria:
    1. Does not exceed concentration limits for Class C low-level 
radioactive waste as set out in section 61.55 of title 10, Code of 
Federal Regulations, and meets the performance objectives of a disposal 
facility; or
    2. does not require disposal in a deep geologic repository and 
meets the performance objectives of a disposal facility as demonstrated 
through a performance assessment conducted in accordance with 
applicable requirements.
    NRC's performance objectives for commercial LLW disposal facilities 
are specified in 10 CFR part 61, subpart C, ``Performance Objectives.''
    As stated in the Supplemental Notice, DOE will continue its current 
practice of managing all of its defense reprocessing wastes as if they 
were HLW unless and until a specific waste is determined to be another 
category of waste based on detailed technical assessments of its 
characteristics and an evaluation of potential disposal pathways.
    As discussed in the Final EA, DOE has evaluated representative 
samples of the DWPF recycle wastewater (see Final EA, Appendix A) and 
prepared a technical evaluation and an official determination for up to 
8 gallons of DWPF recycle wastewater that demonstrate and document, 
that the DWPF recycle wastewater would meet criterion 1 for non-HLW 
under DOE's interpretation of the NWPA definition of HLW. As part of 
this process, DOE would verify with the licensee of the disposal 
facility that the stabilized waste meets the facility's waste 
acceptance criteria and all other requirements of the disposal 
facility, including applicable regulatory requirements for treatment 
and disposal prior to disposal and applicable U.S. Department of 
Transportation (USDOT) requirements for packaging and transportation 
from SRS to the commercial treatment or disposal facility.
    DOE announced in a June 10, 2019, notice in the Federal Register 
(84 FR 26847) its intent to prepare an Environmental Assessment for the 
Commercial Disposal of Defense Waste Processing Facility Recycle 
Wastewater from the Savannah River Site (Draft EA). On December 10, 
2019, DOE announced in the Federal Register (84 FR 67438) the 
availability of the Draft EA for public comment. DOE also posted the 
Draft EA on DOE websites for public review. DOE held an informational 
meeting on the Draft EA in Augusta, Georgia on December 17, 2019, and 
an informational internet webinar meeting on December 19, 2019, to 
provide the public and stakeholders with an overview of the Draft EA 
and the Department's HLW interpretation. On December 30, 2019, DOE 
announced in the Federal Register (84 FR 71909) that, in response to 
stakeholder requests, the original 30-day public comment period was 
extended to February 10, 2020 (i.e., an extension of 32 days).

Proposed Action and Alternatives

    DOE's Proposed Action in the Final EA is the disposal of up to 
10,000 gallons of stabilized (grouted) DWPF recycle wastewater from SRS 
H-Area Tank Farm at a commercial LLW disposal facility located outside 
of South Carolina and licensed by either NRC or an Agreement State 
under 10 CFR part 61. If implemented, this proposal would provide 
alternative treatment and disposal options for DWPF recycle wastewater 
through the use of existing, licensed, off-site commercial treatment 
and disposal facilities. DOE has developed three action alternatives 
for accomplishing this Proposed Action. The Final EA also evaluated the 
No Action alternative.
     Alternative 1: Deploy retrieval and on-site treatment 
capability at SRS to stabilize up to 10,000 gallons of DWPF recycle 
wastewater and then transport the solid waste form to a licensed 
commercial LLW disposal facility. The stabilization technology planned 
for the DWPF recycle wastewater is grout. Depending upon whether the 
final packaged waste form is classified as Class A, B, or C LLW, it 
would then be shipped for disposal to either to the WCS FWF in Texas 
and/or the EnergySolutions in Utah.
     Alternative 2: Retrieval and transport of up to 10,000 
gallons of SRS DWPF recycle wastewater to a licensed commercial LLW 
disposal facility (WCS FWF or EnergySolutions site) with the capability 
to stabilize and dispose of the final waste form.
     Alternative 3: Retrieval and transport of up to 10,000 
gallons of SRS DWPF recycle wastewater to a permitted and/or licensed 
commercial treatment facility for stabilization and then transport the 
final solidified waste form to a licensed commercial LLW disposal 
facility (WCS FWF or EnergySolutions).
    Under the No Action alternative, up to 10,000 gallons of DWPF 
recycle wastewater would remain in the SRS liquid waste system until 
disposition occurs. This alternative would require another, as yet 
determined, process to handle the DWPF recycle wastewater during the 
final years of the DWPF mission (2031-2034), when DOE will no longer 
have the option of returning DWPF recycle wastewater to SWPF for 
processing.

Potential Environmental Impacts

    The analyses in the Final EA demonstrates that the proposed action 
and alternatives entail minimal risk to human health or to the quality 
of the environment for all three action alternatives analyzed. All the 
proposed alternatives would have minor potential environmental impacts. 
Section 3 of the Final EA analyzed the following resource areas in 
detail: (1) Air quality, (2) human health (normal operations),

[[Page 48238]]

(3) human health (accidents and intentional destructive acts), (4) 
waste management, and (5) transportation.
    Air quality impacts would be negligible for all alternatives. The 
recycle wastewater would be transferred from Tank 22 to a temporary 
enclosure for on-site stabilization (Alternative 1 only) and packaging 
(Alternatives 2 and 3). Measures would be taken to prevent radiological 
air emissions during the on-site activities. These measures would 
include the use of air filters on containers, transfer hoses, and 
temporary structures. The estimated number of truck shipments (up to 30 
shipments) would produce negligible air emissions, including greenhouse 
gas, and treatment and disposal actions at the commercial facilities 
would not cause any additional air emissions beyond those already 
expected from their ongoing, permitted and/or licensed operations.
    Potential impacts to workers at SRS and the public from normal 
operations would be minimal for all three action alternatives. 
Potential doses to workers would be well within the administrative 
control level for SRS workers and would result in zero latent cancer 
fatalities (LCFs). In addition, DOE would implement measures (e.g., use 
of shielding and personal protective equipment) to minimize worker 
exposures and maintain doses as low as reasonably achievable. Because 
there would be no radiological emissions or effluents associated with 
any of the three alternatives, and no direct radiation dose off-site, 
there would be no dose to the public from normal operations. Potential 
impacts from treatment and disposal actions at the commercial facility 
would not result in any notable increase in human health impacts beyond 
those already expected from ongoing LLW treatment and disposal 
operations under their environmental permits and/or licenses.
    An accident or intentional destructive act involving the release of 
DWPF recycle wastewater during on-site activities would result in 
minimal impacts to workers and the public, based on conservative 
accident scenario analysis. For example, the potential dose from an 
accident to a maximally exposed worker would be less than or equal to 
30 to 38 millirems (mrem), which is significantly below DOE's 
administrative control level of 2,000 mrem per year for a worker, and 
below the SRS contractor's administrative control level of 500 mrem per 
year. This exposure would be expected to result in zero LCFs. The 
potential dose from an accident to an off-site maximally exposed 
individual would be less than or equal to 17 to 28 mrem, which is 
approximately 1,000 times below the DOE exposure guidelines of 25 rem 
for a member of the public at the nearest site boundary. This exposure 
would be expected to result in 0 zero LCFs. Treatment and/or disposal 
of the DWPF recycle wastewater at a permitted and/or licensed facility 
would not change the accident impacts at those sites compared to their 
ongoing operations.
    Waste management impacts at SRS and the potential disposal sites 
would be minimal. The 10,000 gallons of DWPF recycle wastewater would 
represent about 10,000 gallons of stabilized waste, or about 0.002 
percent of the EnergySolutions licensed capacity or .01 percent of WCS 
FWF licensed capacity. Actions at SRS would also result in small 
quantities (probably less than 10 cubic yards) of job control waste 
that would be negligible compared with LLW quantities generated by 
existing operations at SRS. Stabilization activities at a commercial 
site for Alternatives 2 and 3 would not generate additional waste types 
beyond those already expected and associated with the site license.
    The transportation of stabilized (solid form) or liquid DWPF 
recycle wastewater would involve approximately 9 truck shipments for 
Alternative 1 (solid form), 15 truck shipments for Alternative 2 
(liquid form), and 30 truck shipments for Alternative 3 (15 shipments 
in liquid form and 15 shipments in solid form). The waste would be 
packaged and shipped in accordance with USDOT requirements. The 
potential radiological and non-radiological risks to the truck crew and 
the public along the transportation route would be negligible. In the 
event an accident did occur, the probability of a release of 
radiological material would be extremely unlikely.
    Consistent with both CEQ and DOE NEPA regulations, the analysis in 
the Final EA focused on the subjects relevant to the proposed action 
and its impacts. Based on a screening analysis described in the Final 
EA, the following resource areas do not require additional detailed 
analysis: Land, visual, geology and soils, water resources (surface, 
groundwater, and wetlands), cultural and paleontological resources, 
ecological resources (biota, threatened and endangered species), noise, 
socioeconomics and environmental justice, infrastructure and utilities, 
and industrial safety.

External Review and Comments

    Nineteen comment documents were received during the public comment 
period on the Draft EA. Commenters included federal and state agencies, 
environmental groups, advisory groups, and citizens. Appendix C of the 
Final EA includes responses to public comments received on the Draft 
EA. DOE considered all public comments received in preparing the Final 
EA.

Determination

    In the Final EA, DOE evaluated the potential environmental impacts 
associated with retrieval, transportation, stabilization, and disposal 
of up to 10,000 gallons of DWPF recycle wastewater from SRS at a 
licensed commercial LLW disposal facility outside of the state of South 
Carolina. Implementation of any of the action alternatives analyzed in 
the Final EA would entail minor impacts and low risks, and does not 
constitute a major Federal action significantly affecting the quality 
of the human environment in accordance with DOE's NEPA implementing 
procedures, 10 CFR part 1021, and the regulations promulgated by the 
CEQ for implementing NEPA, 40 CFR 1508.27. Therefore, the preparation 
of an environmental impact statement is not required.
    Based on the analysis in the Final EA, DOE intends to ship the DWPF 
recycle wastewater to WCS FWF, a licensed commercial disposal facility 
located in Andrews, Texas, for stabilization and disposal (Alternative 
2). Current characterization analysis shows that the DWPF recycle 
wastewater is anticipated to be Class B LLW. Of the licensed commercial 
facilities analyzed in the Final EA, the WCS FWF is the only facility 
that can accept Class A, B, and C LLW for disposal. In addition, WCS 
has the capability to stabilize the DWPF recycle wastewater on-site 
prior to disposal.
    Specifically, as soon as August 26, 2020, DOE intends to initiate 
removal of DWPF wastewater from Tank 22 to begin the disposition 
process and within the next 12 months,\2\ DOE intends to initiate the 
shipment of a small quantity (up to 8 gallons) from the up to 10,000 
gallons of DWPF recycle wastewater to the WCS FWF for treatment and 
disposal in accordance with the facility's waste acceptance criteria, 
license conditions, environmental permits, and all other applicable 
requirements. DOE has evaluated representative samples of the DWPF 
recycle wastewater (see Final EA, Appendix A) and prepared a technical

[[Page 48239]]

evaluation and an official determination for up to 8 gallons of DWPF 
recycle wastewater that demonstrate and document, that the DWPF recycle 
wastewater would meet criterion 1 for non-HLW under DOE's 
interpretation of the NWPA definition of HLW. The technical reports are 
available at: https://www.energy.gov/em/program-scope/high-level-radioactive-waste-hlw-interpretation.
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    \2\ This small quantity (up to 8 gallons) would enable DOE to 
initiate the transportation, stabilization, and disposal within the 
next 12 months.
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Signing Authority

    This document of the Department of Energy was signed on August 4, 
2020, by Elizabeth A. Connell, Associate Principal Deputy Assistant 
Secretary for Regulatory and Policy Affairs, Office of Environmental 
Management, pursuant to delegated authority from the Secretary of 
Energy. That document with the original signature and date is 
maintained by DOE. For administrative purposes only, and in compliance 
with requirements of the Office of the Federal Register, the 
undersigned DOE Federal Register Liaison Officer has been authorized to 
sign and submit the document in electronic format for publication, as 
an official document of the Department of Energy. This administrative 
process in no way alters the legal effect of this document upon 
publication in the Federal Register.

    Signed in Washington, DC, on August 5, 2020.
Treena V. Garrett,
Federal Register Liaison Officer, Department of Energy.
[FR Doc. 2020-17374 Filed 8-7-20; 8:45 am]
BILLING CODE 6450-01-P