[Federal Register Volume 88, Number 20 (Tuesday, January 31, 2023)]
[Notices]
[Pages 6245-6247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01961]


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DEPARTMENT OF ENERGY


Notice of Availability of Final Waste Incidental to Reprocessing 
Evaluation for Vitrified Low Activity Waste and Secondary Wastes at the 
Hanford Site, Washington and Waste Incidental to Reprocessing 
Determination

AGENCY: U.S. Department of Energy.

ACTION: Notice of availability.

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SUMMARY: The U.S. Department of Energy (DOE) announces the availability 
of the Final Waste Incidental to Reprocessing Evaluation for Vitrified 
Low-Activity Waste and Secondary Wastes at the Hanford Site, Washington 
(Final WIR Evaluation) and associated Waste Incidental to Reprocessing 
Determination for Vitrified Low-Activity Waste and Secondary Wastes at 
the Hanford Site, Washington (WIR Determination). The WIR Determination 
documents DOE's determination that vitrified low-activity waste (VLAW) 
and secondary wastes generated by, or derived from, such vitrification 
using the direct feed low-activity waste (DFLAW) approach are wastes 
that are incidental to the reprocessing of spent nuclear fuel, are not 
high-level radioactive waste (HLW), and are to be managed as low-level 
radioactive waste (LLW), pursuant to DOE Order 435.1, Radioactive Waste 
Management, and DOE Manual 435.1-1, Radioactive Waste Management 
Manual. DOE consulted with the Nuclear Regulatory Commission (NRC) and 
considered comments from States, Tribal Nations, stakeholders and the 
public before preparing the Final WIR Evaluation and WIR Determination.

ADDRESSES: The Final WIR Evaluation and WIR Determination are available 
on the internet at https://www.hanford.gov/page.cfm/VitrifiedLowActivityWaste for public review.

FOR FURTHER INFORMATION CONTACT: For further information about the 
Final WIR Evaluation or the WIR Determination, please contact Mr. Gary 
L. Pyles by mail at U.S. Department of Energy, Office of River 
Protection, P.O. Box 450, MSIN H6-60, Richland, Washington 99352, by 
phone at (509) 376-2670, or by email at [email protected].

SUPPLEMENTARY INFORMATION: The Hanford site currently stores 
radioactive waste in underground storage tanks. The waste was 
generated, in part, by the prior reprocessing of spent nuclear fuel 
during the Manhattan Project and Cold War eras, for defense-related 
nuclear research, development and weapons-production activities. 
Hanford's current mission focuses on the cleanup and remediation of 
those wastes and ultimate closure of the site. As part of that mission, 
DOE is retrieving waste from the Hanford tanks, and has decided to 
separate the tank waste into a low-activity waste stream and a high-
level radioactive waste stream.
    The Final WIR Evaluation concerns approximately 23.5 million 
gallons (Mgal) of separated, pretreated and vitrified low activity 
waste from some of the underground tanks at the Hanford Site in the 
State of Washington, and the secondary wastes generated by, or derived 
from, such vitrification of the separated and pretreated low-activity 
waste using the DFLAW approach.
    The DFLAW approach is a two-phased approach that will separate and

[[Page 6246]]

pretreat supernate (essentially the upper-most layer of tank waste that 
contains low concentrations of long-lived radionuclides) from the 
Hanford tanks, to generate a low-activity waste (LAW) stream. For Phase 
1, the DFLAW approach will begin with in-tank settling, separation 
(removal by decanting) of the supernate (including dissolved saltcake 
and interstitial liquids), filtration, and then cesium removal using 
ion-exchange columns in a tank-side cesium removal (TSCR) unit. For 
Phase 2, DOE will treat additional supernate (including dissolved 
saltcake and interstitial liquids) using the same processes with either 
an additional TSCR unit or a filtration and cesium removal facility. 
The DFLAW approach is expected to remove more than 99 percent of the 
cesium and remove other key radionuclides. After pretreatment, the LAW 
stream will be sent by transfer lines to the Low Activity Waste 
Vitrification Facility at the Hanford Site, where it will be vitrified 
(immobilized in borosilicate glass). Approximately 13,500 containers of 
vitrified waste will be produced using the DFLAW approach. DOE plans to 
dispose of the VLAW in the onsite Integrated Disposal Facility (IDF), a 
land disposal facility at the Hanford Site.
    The Final WIR Evaluation also addresses secondary wastes generated 
by, or derived from, the vitrification of the pretreated LAW using the 
DFLAW approach. DOE's proposed plan is to solidify or encapsulate most 
of these secondary wastes in a grout matrix at offsite, commercial 
treatment facilities--either Perma-Fix Northwest in Richland, 
Washington, Perma-Fix Diversified Scientific Services in Kingston, 
Tennessee, or Waste Control Specialists (WCS) near Andrews, Texas, 
depending on the waste stream. Thereafter, most of the secondary 
wastes, generated by or derived from vitrification of the LAW using the 
DFLAW approach, would be disposed of at the IDF at the Hanford Site, 
and potentially, certain secondary wastes may be disposed at the WCS 
Federal Waste Facility (WCS FWF) in Texas.
    Implementation of the proposed offsite treatment and potential 
offsite disposal is contingent upon completion of analysis and issuance 
of a decision document as required by the National Environmental Policy 
Act of 1969, as amended, 42 U.S.C. 4321, et seq. (NEPA). DOE has 
prepared the Supplement Analysis of the Final Tank Closure and Waste 
Management Environmental Impact Statement for the Hanford Site, 
Richland, Washington, Offsite Secondary Waste Treatment and Disposal 
(DOE/EIS-0391-SA-03), which evaluated DOE's proposal to transport and 
treat certain solid and liquid secondary wastes at licensed and 
permitted commercial treatment facilities off the Hanford Site. The 
secondary wastes addressed in the Final WIR Evaluation and WIR 
Determination are a subset of the secondary waste addressed in the 
above-referenced Supplement Analysis.
    The Supplement Analysis also evaluates DOE's proposal to 
potentially dispose (after treatment) of some of the secondary wastes 
generated by or derived from vitrification of the LAW using the DFLAW 
approach, at an offsite, licensed and permitted commercial disposal 
facility. The secondary wastes would be mixed LLW, regulated under the 
Atomic Energy Act of 1954, as amended, and the Resource Conservation 
and Recovery Act of 1976 (RCRA). The solidification or encapsulation of 
the secondary wastes would treat the wastes to meet land disposal 
requirements pursuant to RCRA.
    DOE issued DOE Order 435.1 and DOE Manual 435.1-1 under the 
authority of the Atomic Energy Act of 1954, as amended, 42 U.S.C. 2011 
et seq., the Energy Reorganization Act, 42 U.S.C. 5801 et seq., and the 
Department of Energy Organization Act, 42 U.S.C. 7101, et seq. DOE 
Manual 435.1-1, Radioactive Waste Management Manual, which accompanies 
DOE Order 435.1, Radioactive Waste Management, provides for a rigorous 
evaluation process that DOE uses to determine whether certain waste 
from the reprocessing of spent nuclear fuel is incidental to 
reprocessing, is not HLW and may be managed as LLW. This process, set 
forth in Chapter II.B.(2)(a) of DOE Manual 435.1-1, requires evaluating 
and demonstrating that the wastes:
    ``(1) Have been processed, or will be processed, to remove key 
radionuclides to the maximum extent that is technically and 
economically practical; and
    (2) Will be managed to meet safety requirements comparable to the 
performance objectives set out in 10 CFR part 61, subpart C, 
Performance Objectives; and
    (3) Are to be managed, pursuant to DOE authority under the Atomic 
Energy Act of 1954, as amended, and in accordance with the provisions 
of Chapter IV of [DOE Manual 435.1-1], provided the waste will be 
incorporated in a solid physical form at a concentration that does not 
exceed the applicable concentration limits for Class C LLW as set out 
in 10 CFR 61.55, Waste Classification[.]''
    The Final WIR Evaluation, including its appendices and supporting 
references, documents and demonstrates that the VLAW, and the secondary 
waste generated by or derived from vitrification using the DFLAW 
approach, will meet the above-referenced criteria in DOE Manual 435.1-
1. DOE predicated the Final WIR Evaluation on extensive analysis and 
scientific rationale, using a risk-informed approach.
    Specifically, the Final WIR Evaluation shows that key radionuclides 
(those radionuclides which contribute most significantly to 
radiological dose to workers, the public, and the environment as well 
as radionuclides listed in 10 CFR 61.55) have been or will be removed 
to the maximum extent technically and economically practical. The Final 
WIR Evaluation also projects that potential doses to a hypothetical 
member of the public and hypothetical inadvertent intruder after IDF 
closure will be well below the doses specified in the performance 
objectives and performance measures for LLW. In addition, the analyses 
demonstrate that there is reasonable expectation that safety 
requirements comparable to the NRC performance objectives at 10 CFR 
part 61, subpart C will be met. For secondary wastes potentially 
disposed of at the WCS FWF, the wastes would meet the waste acceptance 
criteria for the WCS FWF, which would ensure that the performance 
objectives, including doses, would be met for LLW disposal as set forth 
in the Texas Administrative Code, which are comparable to the NRC 
performance objectives. In addition, the salient secondary wastes will 
be incorporated into a solid form at a concentration that does not 
exceed concentration limits for Class C LLW.
    DOE consulted with NRC and received comments from the States, 
Tribal Nations, stakeholders and the public. After carefully 
considering NRC consultation advice and comments received, and 
performing additional analyses, DOE prepared the Final WIR Evaluation. 
Based on the Final WIR Evaluation, DOE determined, as documented in the 
associated WIR Determination, that the VLAW and secondary wastes 
generated by or derived from vitrification using the DFLAW approach, 
are wastes incidental to reprocessing, are non-HLW, and are to be 
managed as LLW.

Signing Authority

    This document of the Department of Energy was signed on January 25, 
2023, by John A. Mullis II, Acting Associate Principal Deputy Assistant 
Secretary for Regulatory and Policy Affairs, pursuant

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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 January 26, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2023-01961 Filed 1-30-23; 8:45 am]
BILLING CODE 6450-01-P