[Federal Register Volume 89, Number 13 (Friday, January 19, 2024)]
[Notices]
[Pages 3642-3644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00890]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

National Nuclear Security Administration


Notice of Availability of Final Environmental Impact Statement 
for the Surplus Plutonium Disposition Program

AGENCY: National Nuclear Security Administration, Department of Energy.

ACTION: Notice of availability.

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

SUMMARY: The National Nuclear Security Administration (NNSA), a semi-
autonomous agency within the Department of Energy (DOE), announces the 
availability of the Final Environmental Impact Statement for the 
Surplus Plutonium Disposition Program (SPDP EIS) (DOE/EIS-0549) in 
compliance with the National Environmental Policy Act of 1969 (NEPA). 
NNSA prepared the Final SPDP EIS to evaluate the potential 
environmental impacts of dispositioning 34 metric tons (MT) of surplus 
plutonium.

DATES: NNSA will not issue a Record of Decision (ROD) on the proposal 
for a minimum of 30 days after the date that the U.S. Environmental 
Protection Agency (EPA) publishes its Notice of Availability (NOA) in 
the Federal Register.

ADDRESSES: Requests for additional information related to the EIS 
should be sent by email to [email protected] or to Ms. Maxcine 
Maxted, NEPA Document Manager, National Nuclear Security 
Administration, Office of Material Management and Minimization, P.O. 
Box A, Bldg. 730-2B, Rm. 328, Aiken, SC 29802.
    The SPDP EIS is available on the internet at: https://www.energy.gov/nnsa/nnsa-nepa-reading-room and https://www.energy.gov/nepa/doeeis-0549-surplus-plutonium-disposition-program.

FOR FURTHER INFORMATION CONTACT: For further information about this 
notice, please contact Ms. Maxcine Maxted, NEPA Document Manager, 
National Nuclear Security Administration, Office of Material Management 
and Minimization, P.O. Box A, Bldg. 730-2B, Rm. 328, Aiken, SC 29802; 
phone: (803) 952-7434; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    NNSA prepared the SPDP EIS pursuant to NEPA (Title 42 U.S.C. 4321 
et seq.), the Council on Environmental Quality's NEPA regulations (40 
CFR parts 1500-1508), and the DOE NEPA implementing procedures (10 CFR 
part 1021). NNSA's previous NEPA reviews and decisions regarding the 
disposition of surplus plutonium are summarized in Section 1.1 of the 
SPDP EIS. The following paragraphs describe recent developments 
relevant to the scope of the SPDP EIS.
    In 2015, NNSA completed the Surplus Plutonium Disposition 
Supplemental Environmental Impact Statement (SPD Supplemental EIS) 
(DOE/EIS-0283-S2). In the SPD Supplemental EIS, NNSA evaluated the 
environmental impacts of alternatives for dispositioning 13.1 MT of 
surplus plutonium (7.1 MT of pit and 6 MT of non-pit) for which a 
disposition path had not been assigned. The alternatives evaluated in 
the 2015 SPD Supplemental EIS included the Mixed Oxide (MOX) Fuel 
Alternative, the Waste Isolation Pilot Plant (WIPP) Alternative, and 
two variations of waste immobilization. In addition, NNSA evaluated 
four options for pit disassembly and conversion (pit disassembly and 
conversion is equivalent to pit disassembly and processing [PDP] as 
used in this Notice and the SPDP EIS) using facilities at the Savannah 
River Site (SRS) and Los Alamos National Laboratory (LANL). In 2015, 
NNSA announced that its preferred alternative for disposition of the 
six MT of non-pit surplus plutonium evaluated in the SPD Supplemental 
EIS was to prepare the non-pit surplus plutonium for eventual disposal 
at the WIPP facility in Carlsbad, New Mexico (80 FR 80348, December 24, 
2015). In a 2016 ROD, NNSA announced a decision to disposition the six 
MT of non-pit surplus plutonium by downblending it with an adulterant 
(downblending is a process equivalent to dilution in the dilute and 
dispose strategy as used in the SPDP EIS), packaging it as defense-
related contact-handled transuranic (CH-TRU) waste, and shipping it to 
the WIPP facility for disposal (81 FR 19588). In the 2016 ROD, NNSA did 
not make a decision about the disposition of the 7.1 MT of pit 
plutonium or about the various options for pit disassembly and 
conversion that were analyzed in the 2015 SPD Supplemental EIS.
    In 2016, NNSA, partnering with the U.S. Army Corps of Engineers, 
developed an independent cost estimate for the MOX Fuel Fabrication 
Facility (MFFF) project and concluded that the cost of the project, 
upon completion of construction, would be approximately $17 billion and 
construction would not be complete until 2048. Congress directed NNSA 
to prepare a lifecycle cost estimate for disposal of surplus plutonium 
using the same approach announced for the six MT, now referred to as 
the dilute and dispose strategy. The completed cost estimate indicated 
that the estimate-to-complete lifecycle cost of the dilute and dispose 
strategy would be substantially lower than the cost to complete the MOX 
project. In response, the Secretary of Energy halted construction of 
the MOX fuel project in May 2018 by waiving the requirement to use 
funds for construction and support activities for the MFFF per the 
National Defense Authorization Act. In a letter dated May 10, 2018, the 
Secretary of Energy certified that ``the remaining lifecycle cost for 
the dilute and dispose strategy will be less than approximately half of 
the estimated remaining lifecycle cost of the MOX fuel program.'' On 
October 10, 2018, NNSA issued a notice terminating the contract for 
construction of MFFF. On February 8, 2019, the U.S. Nuclear Regulatory 
Commission (NRC) terminated the construction license for MFFF (NRC 
2019). NNSA is preparing this SPDP EIS to evaluate alternatives for 
disposition of the 34 MT of surplus plutonium previously designated for 
disposition using the MOX fuel program that no longer has a disposition 
path.
    In 2020, NNSA prepared a Supplement Analysis (SA) based on the 
analysis presented in the 2015 SPD Supplemental EIS. NNSA determined 
that disposition of 7.1 MT of non-pit surplus plutonium was not a 
substantial change in the action analyzed in the 2015 SPD Supplemental 
EIS to disposition 7.1 MT of pit plutonium via the WIPP Alternative and 
that the environmental impacts had been sufficiently analyzed. NNSA 
subsequently issued an Amended ROD

[[Page 3643]]

(AROD) to include preparation of an additional 7.1 MT of non-pit 
surplus plutonium for disposal as defense-related CH-TRU waste at the 
WIPP facility (85 FR 53350, August 28, 2020). In the same 2020 AROD, 
NNSA also decided that non-pit metal processing (NPMP) may be performed 
at either LANL or SRS. The SA and AROD are available online at https://www.energy.gov/nnsa/nnsa-nepa-reading-room.
    The 7.1 MT of non-pit surplus plutonium referred to in the 2020 
AROD is part of the 34 MT of surplus plutonium that NNSA had decided to 
disposition by fabricating it into MOX fuel for use in commercial 
reactors. The disposition of that 34 MT is the subject of this SPDP 
EIS.

Purpose and Need for Agency Action

    Since the end of the Cold War in the early 1990s and the 
Presidential declarations of surplus fissile materials, DOE has been 
charged with the disposition of surplus plutonium.
    NNSA's purpose and need for action is to safely and securely 
disposition plutonium that is surplus to the Nation's defense needs so 
that it is not readily usable in nuclear weapons. NNSA needs to 
disposition 34 MT of surplus plutonium in a safe and secure manner and 
in a reasonable time frame at a cost consistent with NNSA priorities 
and fiscal realities. To achieve this, NNSA must use mature methods and 
proven technologies that are based on processes requiring minimal 
research and engineering development.

Proposed Action and Alternatives

    Both the Preferred Alternative and the No Action Alternative in the 
SPDP EIS use the dilute and dispose strategy, and both address up to 
7.1 MT of non-pit surplus plutonium that NNSA previously decided to 
dispose of using the dilute and dispose strategy (85 FR 53350). The 
dilute and dispose strategy includes processing surplus plutonium to 
plutonium oxide, diluting it with an adulterant to inhibit plutonium 
recovery, and disposing the resulting defense-related CH-TRU waste at 
the WIPP facility.

Preferred Alternative

    NNSA's Preferred Alternative is to use the dilute and dispose 
strategy for 34 MT of surplus plutonium comprised of both pit and non-
pit surplus plutonium. The exact amounts of pit and non-pit forms of 
plutonium that compose the 34 MT are safeguarded, so they cannot be 
delineated further. Therefore, to bound the impacts, the analysis in 
the SPDP EIS evaluates the impacts of dispositioning 34 MT of surplus 
plutonium in pit form and the impacts of dispositioning 7.1 MT of non-
pit surplus plutonium. The activities that are part of the Preferred 
Alternative would occur at five DOE sites--the Pantex Plant (Pantex) in 
Texas, LANL in New Mexico, SRS in South Carolina, the Y-12 National 
Security Complex (Y-12) in Tennessee, and the WIPP facility in New 
Mexico. NNSA has developed four sub-alternatives for the Preferred 
Alternative based on the location of activities.

Base Approach Sub-Alternative

    Under the Base Approach Sub-Alternative, NNSA analyzes the impacts 
of shipping 34 MT of surplus pit plutonium from Pantex to LANL and 
disassembling and processing (i.e., PDP) of the 34 MT of surplus pit 
plutonium at LANL with subsequent shipment of the decontaminated and 
oxidized highly enriched uranium (HEU) to Y-12. NNSA also analyzes the 
impacts of processing 7.1 MT of non-pit surplus plutonium at LANL, 
using some of the same capabilities as PDP. This sub-alternative would 
rely on expanding existing capabilities at LANL in the Plutonium 
Facility (PF-4) for PDP and modifying or building additional support 
facilities. The resulting plutonium oxide from the surplus pit and non-
pit surplus plutonium would be shipped to K-Area at SRS, where it would 
be diluted, characterized, and packaged for shipment to and disposal at 
the WIPP facility.

SRS NPMP Sub-Alternative

    The SRS NPMP Sub-Alternative is similar to the Base Approach Sub-
Alternative. NNSA analyzes the impacts of shipping 34 MT of surplus pit 
plutonium from Pantex to LANL and PDP of the 34 MT of surplus pit 
plutonium at LANL. The decontaminated and oxidized HEU would then be 
shipped to Y-12. This sub-alternative would rely on NNSA expanding 
existing capabilities at LANL in PF-4 for PDP and modifying or building 
additional support facilities. Plutonium oxide resulting from PDP would 
be shipped to SRS (K-Area). Unlike the Base Approach Sub-Alternative, 
under this sub-alternative, NNSA does not analyze NPMP at LANL. 
Instead, processing of 7.1 MT of non-pit surplus plutonium would occur 
in the SRS K-Area either in Building 105-K or in a modular system 
adjacent to the building. Under this sub-alternative, NNSA considers 
the impacts of dilution and characterization and packaging (C&P) of the 
diluted plutonium oxide as defense-related CH-TRU waste in SRS's K-Area 
for shipment to and disposal at the WIPP facility.

All LANL Sub-Alternative

    Under the All LANL Sub-Alternative, NNSA would use only 
capabilities at LANL for the entire disposition pathway prior to 
shipment to the WIPP facility. Under this Sub-Alternative, NNSA 
analyzes the impacts of shipping 34 MT of surplus pit plutonium from 
Pantex to LANL, PDP at LANL, and shipment of the decontaminated and 
oxidized HEU to Y-12. NNSA would rely on expanding existing 
capabilities at LANL in PF-4 and modifying or building additional 
support facilities. NNSA also analyzes the impacts of processing 7.1 MT 
of non-pit surplus plutonium at LANL in PF-4. Under the All LANL Sub-
Alternative NNSA considers the impacts of dilution in PF-4 and C&P of 
the diluted plutonium oxide defense-related CH-TRU waste for shipment 
to and disposal at the WIPP facility.

All SRS Sub-Alternative

    Under the All SRS Sub-Alternative, NNSA would use only capabilities 
at SRS for the entire disposition pathway prior to shipment to the WIPP 
facility. Under this sub-alternative, NNSA analyzes the impacts of 
shipping 34 MT of surplus pit plutonium from Pantex to SRS and the 
disassembly and processing of the 34 MT of surplus pit plutonium and 
processing 7.1 MT of non-pit surplus plutonium in a new capability 
installed at SRS in either K-Area or F-Area. NNSA analyzes the 
subsequent shipment of the decontaminated and oxidized HEU to Y-12 and 
the shipment of by-product material to LANL. Under this Sub-
Alternative, NNSA considers the impacts of dilution and C&P of the 
diluted plutonium oxide defense-related CH-TRU waste in SRS's K-Area 
for shipment to and disposal at the WIPP facility.

No Action Alternative

    The No Action Alternative is the continued management of 34 MT of 
surplus plutonium. This includes (1) continued storage of surplus pits 
at Pantex, (2) continuing the plutonium mission at LANL to process up 
to 400 kg of actinides (including surplus plutonium) per year, and (3) 
disposition of up to 7.1 MT of non-pit surplus plutonium for which the 
disposition decision, using the dilute and dispose strategy, was 
announced in NNSA's 2020 AROD (85 FR 53350).

Public Involvement

    The SPDP EIS is an element of the NEPA strategy related to the 
disposition of surplus plutonium, which NNSA

[[Page 3644]]

announced in the Notice of Intent published in the Federal Register on 
December 16, 2020 (85 FR 81460). In that announcement, NNSA provided 
information regarding NNSA's overall NEPA strategy related to 
fulfilling the purpose and need to disposition 34 MT of surplus 
plutonium.
    On December 16, 2022, NNSA electronically published the Draft SPDP 
EIS and published an NOA in the Federal Register announcing a 60-day 
public comment period for the Draft SPDP EIS (87 FR 77096). EPA also 
published its NOA of the Draft SPDP EIS on December 16, 2022 (87 FR 
77106). The comment period was scheduled to end on February 14, 2023. 
On February 7, 2023, NNSA notified the EPA that it was extending the 
comment period until March 16, 2023. On February 10, 2023, the EPA 
published a notice in the Federal Register that announced the extension 
to the public comment period (88 FR 8843). NNSA held three in-person 
public hearings and one internet-based (with telephone access) virtual 
public hearing. The in-person public hearings were held on January 19, 
2023, in North Augusta, South Carolina, on January 24, 2023, in 
Carlsbad, New Mexico, and on January 26, 2023, in Los Alamos, New 
Mexico. The virtual public hearing was held on January 30, 2023. In 
addition to the public hearings, the public was encouraged to provide 
comments via U.S. postal mail, by phone, or electronically via email. 
NNSA received 121 comment documents from individuals, interested 
groups, and Federal, State, and local agencies during the public 
comment period on the Draft SPDP EIS.
    NNSA considered all comments received before May 2023, on the Draft 
SPDP EIS in preparing the Final EIS and revised the Draft EIS to 
incorporate changes as a result of public comments. The Final EIS also 
includes NNSA's responses to all comments received.
    NNSA will consider the environmental impact analysis presented in 
the Final SPDP EIS, along with other information, when making decisions 
regarding surplus plutonium disposition. NNSA will then issue a ROD on 
the proposal no sooner than 30 days following the date that EPA 
publishes its NOA in the Federal Register.

Signing Authority

    This document of the Department of Energy was signed on December 
19, 2023, by Jill Hruby, Under Secretary for Nuclear Security and 
Administrator, National Nuclear Security Administration, 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 January 12, 2024.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2024-00890 Filed 1-18-24; 8:45 am]
BILLING CODE 6450-01-P