Subject: Advance Notice of Intent to Prepare an Environmental
[Federal Register: November 6, 2001 (Volume 66, Number 215)]
[Notices]
[Page 56090-56093]
>From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06no01-43]
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DEPARTMENT OF ENERGY
Advance Notice of Intent to Prepare an Environmental Impact
Statement To Evaluate Decommissioning and/or Long-Term Stewardship at
the West Valley Demonstration Project and Western New York Nuclear
Service Center
AGENCY: Department of Energy.
ACTION: Advance notice of intent.
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SUMMARY: The U.S. Department of Energy (DOE) is announcing in advance
its intent to prepare an Environmental Impact Statement (EIS) for
Decommissioning and/or Long-Term Stewardship at the West Valley
Demonstration Project (WVDP) and Western New York Nuclear Service
Center (the Center). DOE has prepared this advance notice in accordance
with the Department's regulations for implementing the National
Environmental Policy Act (NEPA) [10 CFR 1021.311(b)], which state that
DOE may publish an Advance Notice of Intent to provide an early
opportunity to inform interested parties of a pending EIS or to solicit
early public comments. DOE anticipates that the New York State Energy
Research and Development Authority (NYSERDA) will participate in the
preparation of the Decommissioning and/or Long-Term Stewardship EIS as
a joint lead agency, that the U.S. Nuclear Regulatory Commission (NRC)
will participate as a cooperating agency, and that the New York State
Department of Environmental Conservation (NYSDEC) will participate as
an involved agency under the New York State Environmental Quality
Review Act (SEQRA).
DOE and NYSERDA plan to evaluate the range of reasonable
alternatives in this EIS to address their respective responsibilities
at the Center, including those under the West Valley Demonstration
Project Act (Public Law 96-368) and other applicable requirements,
including decommissioning criteria that may be prescribed by NRC in
accordance with the Act.
DOE invites early public comment on the range of environmental
issues and alternatives to be analyzed. DOE and NYSERDA will consider
the comments received and other relevant information in developing a
preliminary scope of the EIS for publication in a subsequent Notice of
Intent, which would initiate a public scoping process in accordance
with DOE's NEPA implementing regulations and those of SEQRA.
This Advance Notice of Intent is consistent with DOE's March 26,
2001, Notice of Intent (66 FR 16447) to revise the strategy for
completing the Draft Environmental Impact Statement for Completion of
the West Valley Demonstration Project and Closure or Long-Term
Management of Facilities at the Western New York Nuclear Service Center
(DOE/EIS-0226-D, March 1996, also referred to as the 1996 Cleanup and
Closure Draft EIS), which was issued jointly by DOE and NYSERDA. The
March 2001 Notice of Intent announced that DOE intends to prepare a
separate EIS on its decontamination of WVDP facilities and related
waste management activities.
ADDRESSES: Address early comments on the preliminary scope of the
Decommissioning and/or Long-Term Stewardship EIS to the DOE Document
Manager: Mr. Daniel W. Sullivan, West Valley Demonstration Project,
U.S. Department of Energy, 10282 Rock Springs Road, West Valley, New
York 14171, Telephone: (716) 942-4016, facsimile: (716) 942-4703, e-
mail: daniel.w.sullivan@wv.doe.gov.
The ``Public Reading Rooms'' section under SUPPLEMENTARY
INFORMATION lists the addresses of the reading rooms where documents
referenced herein are available.
FOR FURTHER INFORMATION, CONTACT: For information regarding the WVDP or
the EIS, contact Mr. Daniel Sullivan as described above. Those seeking
general information on DOE's NEPA process should contact: Ms. Carol M.
Borgstrom, Director, Office of NEPA Policy and Compliance, U.S.
Department of Energy, 1000 Independence Avenue, SW., Washington, D.C.
20585, Telephone: (202) 586-4600, Facsimile: (202) 586-7031, or leave a
message at 1-800-472-2756, toll-free.
Questions for NYSERDA should be directed to: Mr. Paul J. Bembia,
New York State Energy Research and Development Authority, 10282 Rock
Springs Road, West Valley, New York 14171, Telephone: (716) 942-4900,
Facsimile: (716) 942-2148, email: pjb@nyserda.org.
Those seeking general information on the SEQRA process should
contact: Mr. Hal Brodie, Deputy Counsel, New York State Energy Research
and Development Authority, Corporate Plaza West, 286 Washington Avenue
Extension, Albany,
[[Page 56091]]
New York 12203-6399, Telephone: (518) 862-1090, ext. 3280, Facsimile:
(518) 862-1091, email: hb1@nyserda.org.
This Advance Notice of Intent will be available on the internet at
http://tis.eh.doe.gov/nepa, under ``NEPA Announcements''. Additional
information about the WVDP is also available on the internet at http://
www.wv.doe.gov/LinkingPages/insidewestvalley.htm.
SUPPLEMENTARY INFORMATION: DOE announces its Advance Notice of Intent
to prepare an EIS for Decommissioning and/or Long-Term Stewardship at
the WVDP and the Center. DOE has prepared this Advance Notice of Intent
in accordance with the Department's regulations for implementing NEPA
[10 CFR 1021.311(b)], which state that DOE may publish an Advance
Notice of Intent to provide an early opportunity to inform interested
parties of a pending EIS or to solicit early public comments.
DOE intends to prepare this EIS jointly with NYSERDA, although
either agency may, at any point, determine the need to proceed
independently in support of their independent missions. In preparing
this Advance Notice of Intent, DOE anticipates that the Department
would be the lead Federal agency for purposes of compliance with NEPA,
while NYSERDA would be the lead State agency for purposes of compliance
with SEQRA. DOE also anticipates that NRC would participate as a
cooperating agency under NEPA and that NYSDEC would be an involved
agency under SEQRA.
Invitation to Comment
DOE invites the public to provide early assistance in identifying
significant environmental issues and alternatives to be analyzed in the
forthcoming Decommissioning and/or Long-Term Stewardship EIS. DOE and
NYSERDA will consider public comments and other relevant information as
the agencies jointly develop a Notice of Intent for publication in the
Federal Register and a notice for publication in the New York State
Environmental Notice Bulletin. DOE and NYSERDA expect the Notice of
Intent to contain a preliminary range of reasonable alternatives
proposed for analysis as agreed to by DOE and NYSERDA. Further, DOE and
NYSERDA expect to publish the Notice of Intent within approximately a
year of publishing this advance notice. Although a public scoping
meeting will not be held until the public scoping process required by
NEPA has been initiated, DOE and NYSERDA would give equal weight to
written comments submitted in response to this Advance Notice of Intent
and comments received during the public scoping process.
Background
The Center consists of a 3,345-acre reservation in rural western
New York that is the location of the only NRC-licensed commercial spent
nuclear fuel reprocessing facilities to have ever operated in the
United States. NYSERDA holds title to the Center on behalf of the
people of the State of New York. Pursuant to the WVDP Act, DOE and
NYSERDA entered into a Cooperative Agreement effective October 1, 1980,
that specifies the responsibilities and conditions agreed upon by each
for the purpose of carrying out the WVDP. Under the agreement, NYSERDA
has made available to DOE, without transfer of title, an approximately
200-acre portion of the Center, known as the ``Project Premises,''
which includes a formerly operated spent nuclear fuel reprocessing
plant, spent nuclear fuel receiving and storage area, liquid high-level
waste (HLW) storage tanks, a liquid low-level waste treatment facility
with associated lagoons, and a radioactive waste disposal area licensed
by the NRC. Adjacent to and in the vicinity of the Project Premises is
an area referred to as the State Licensed Disposal Area, for which
NYSERDA has responsibility.
The WVDP Act authorizes NRC to prescribe decommissioning criteria
for the WVDP. At this time, DOE anticipates that the NRC would resume
regulatory oversight of the Center, with the exception of the State
Licensed Disposal Area, following DOE's completion of the WVDP.
Section 2(a)(1-5) of the WVDP Act articulates the five actions
required of DOE. Actions 1 and 2 address HLW solidification and
development of appropriate containers for the solidified wastes. Action
3 requires DOE to transport the solidified HLW to a Federal geologic
repository for permanent disposal. Action 4 requires DOE to dispose of
low-level and transuranic wastes generated by HLW solidification and in
connection with the WVDP. Action 5 requires DOE to decontaminate and
decommission the tanks, facilities, material, and hardware used in the
solidification of HLW and in connection with the WVDP.
Actions 1 and 2 were the focus of a 1982 Final EIS (DOE/EIS-0081)
and Record of Decision (47 FR 40705, September 15, 1982) on HLW
solidification. The 1996 Cleanup and Closure Draft EIS examined the
remaining actions, 3, 4, and 5. Considering the comments received on
the 1996 Cleanup and Closure Draft EIS, ongoing discussions between the
joint lead agencies (DOE and NYSERDA), and discussions with NRC, DOE
now intends to conduct the NEPA process for actions 3, 4, and 5 in two
separate EISs. Accordingly, DOE announced its intent to prepare a
Decontamination and Waste Management EIS on March 26, 2001 (66 FR
16447), which will only address DOE's decision-making with respect to
managing Project wastes and decontaminating Project facilities as
stipulated in actions 3 and 4 and decontamination activities for
Project facilities stipulated in action 5. DOE will need to conduct
these activities regardless of future decommissioning and/or long-term
stewardship decisions.
DOE expects the Decommissioning and/or Long-Term Stewardship EIS
announced herein to address DOE's remaining activities under the WVDP
Act as stipulated in action 5, any waste management activities under
action 4 that could arise as a result of decommissioning activities,
and NYSERDA's activities relative to decommissioning or long-term
stewardship of land and facilities under its purview. DOE believes that
the activities identified for the Decontamination and Waste Management
EIS and for the Decommissioning and/or Long-Term Stewardship EIS are
separate and distinct and are thus appropriate for analysis in two
EISs, consistent with NEPA and its implementing regulations.
Purpose and Need for Action
DOE needs to determine the manner that facilities for which the
Department is responsible under the WVDP Act are decommissioned, in
accordance with the criteria yet to be prescribed by the NRC. NYSERDA
needs to develop a strategy for decommissioning or long-term
stewardship for land and facilities under its purview. To this end, DOE
and NYSERDA would determine what, if any, material or structures would
remain on the site and what, if any, institutional controls would be
required, in accordance with their respective agency responsibilities.
Potential Range of Alternatives
DOE anticipates, at this time, that its alternatives to be proposed
for analysis in the Decommissioning and/or Long-Term Stewardship EIS
would range from complete removal of Project waste and facilities to
in-place closure of Project facilities, including a No Action
Alternative as required by NEPA, and that NYSERDA would propose a
similar range of decommissioning and/or long-
[[Page 56092]]
term stewardship alternatives to those proposed by DOE, for the
facilities and areas for which NYSERDA is responsible. Additional
alternatives may also be presented after consultation with NRC, NYSERDA
and the public. However, DOE and NYSERDA expect the potential
alternatives to be sufficiently consistent in concept with those
identified in the1996 Draft Cleanup and Closure EIS to allow the use of
technical information presented therein, supplemented as needed.
New Information To Be Evaluated
NRC has indicated that it intends to publish a draft policy
statement on prescribing decommissioning criteria for the WVDP for
public comment and subsequently issue a final statement that would
include its response to comments. Based upon ongoing discussions with
the Commission, DOE and NYSERDA intend at this time to apply the NRC's
License Termination Rule (10 CFR 20.1401 et seq.) as draft
decommissioning criteria in assessing the health and environmental
impacts of decommissioning the WVDP facilities, pending NRC issuance of
its final Policy Statement on decommissioning criteria for the WVDP. If
the final decommissioning criteria are issued before completion of the
EIS, the results in the EIS will reflect any changes in criteria.
In 1997, the NRC published the Generic Environmental Impact
Statement in Support of Rulemaking on Radiological Criteria for License
Termination of NRC-Licensed Nuclear Facilities (NUREG-1496) to support
its decision-making on establishing explicit radiological criteria for
decommissioning various types of facilities, including nuclear power
plants, non-power reactors, fuel fabrication plants, uranium
hexaflouride production plants, and independent spent fuel storage
installations. This EIS analyzed courses of action that NRC would take
in establishing radiological criteria for decommissioning and the cost
and environmental impacts associated with those alternatives. Based on
this analysis, the NRC promulgated its Final License Termination Rule
(62 FR 39086, July 21, 1997). Although this EIS did not evaluate a
reference spent fuel reprocessing facility, DOE and NYSERDA intend to
use those aspects of NRC's EIS that may have specific relevance to the
West Valley site.
Further, DOE and NYSERDA also intend to evaluate other available
NRC NEPA documents to identify elements that would be applicable to
decommissioning activities at the WVDP and the Center. NRC issued the
Final Generic Environmental Impact Statement on Decommissioning of
Nuclear Facilities (NUREG-0586) in 1988 to assist it in reevaluating
its regulatory requirements for decommissioning of nuclear facilities.
In this EIS, the NRC evaluated the areas of decommissioning
alternatives, financial assurance, planning, and residual radioactivity
levels. This EIS was prepared to support the General Requirements for
Decommissioning of Nuclear Facilities, Final Rule (53 FR 24018, June
27, 1988) and analyzed a number of reference licensed facilities,
including the Barnwell spent fuel reprocessing design, which was never
demonstrated. The Barnwell facility, unlike the West Valley
reprocessing facility, was designed for short-term liquid HLW storage
and subsequent near-term HLW vitrification. The NRC is currently
supplementing this EIS (65 FR 25395, May 1, 2000) to evaluate certain
decommissioning alternatives for power reactor facilities in more
detail.
For the 1996 Draft WVDP Cleanup and Closure EIS, DOE developed or
modified a variety of analytical tools specifically for that document.
DOE has continued to refine many of these analytical tools as a result
of public comments received on the 1996 Draft Cleanup and Closure EIS
and ongoing interactions with stakeholders and regulatory agencies such
as the NRC. DOE intends to apply these improved analytical tools to the
preparation of the Decommissioning and/or Long-Term Stewardship EIS. To
address significant issues such as erosion, for example, DOE has
continued to develop a site-specific erosion model, with ongoing advice
from NRC, and integrated that model into a revised performance
assessment methodology, incorporating the use of sensitivity and
uncertainty analyses.
There are also some additional areas where new information will be
obtained specifically for the Decommissioning and/or Long-Term
Stewardship EIS. This work includes updated site characterization and
census data and the performance of a seismic reflection survey in the
vicinity of the WVDP. This seismic reflection survey, to be performed
in consultation with academic, government, and industry participants,
will contribute to knowledge about the regional structural geology as
it may relate to the WVDP and the Center.
Additional information that has become available since publication
of the 1996 Draft Cleanup and Closure EIS includes DOE's Waste
Management Programmatic Environmental Impact Statement (WM PEIS, DOE/
EIS-0200-F) and its associated Records of Decision. The WM PEIS
analyzed on a national scale the centralization, regionalization, or
decentralization of managing HLW, transuranic waste, low-level
radioactive waste, mixed radioactive low-level waste (containing
hazardous constituents), and non-wastewater hazardous waste. The
Decommissioning and/or Long-Term EIS will incorporate, as appropriate,
analyses from the WM PEIS so as to analyze site-specific activities
necessary to implement the pertinent parts of the Records of Decision
that apply to West Valley. The Decommissioning and/or Long-Term
Stewardship EIS will also incorporate, as needed, information made
available as a result of the Decontamination and Waste Management EIS.
Potential Environmental Issues for Analysis
DOE has tentatively identified the following issues for analysis in
the Decommissioning and/or Long-Term Stewardship EIS. The list is
presented to facilitate early comment on the scope of the EIS. It is
not intended to be all-inclusive nor to predetermine the alternatives
to be analyzed or their potential impacts.
Potential impacts to the general population and on-site
workers from radiological and non-radiological releases from
decommissioning and/or long-term stewardship activities.
Potential environmental impacts, including air and water
quality impacts, caused by decommissioning and/or long-term stewardship
activities.
Potential transportation impacts from shipments of
radioactive, hazardous, or mixed waste generated during decommissioning
activities.
Potential impacts from postulated accidents.
Potential disproportionately high and adverse effects on
low-income and minority populations (environmental justice).
Potential Native American concerns.
Irretrievable and irreversible commitment of resources.
Short-term and long-term land use impacts.
Decommissioning criteria for the WVDP.
Compliance with Federal, State, and local requirements.
The influence of, and potential interactions of, any
wastes remaining at the Center after decommissioning.
Unavoidable adverse impacts.
Issues associated with decommissioning and long-term site
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stewardship, including regulatory and engineering considerations.
Long-term site stability, including erosion and
seismicity.
Other Agency Involvement
NYSDEC and the U.S. Environmental Protection Agency entered into an
Administrative Order on Consent with DOE and NYSERDA in March 1992,
pursuant to section 3008(h) of the Hazardous and Solid Waste Amendments
of 1984 under the Resource Conservation and Recovery Act. The purpose
of the Order is to protect human health and the environment from
releases of hazardous waste and/or hazardous constituents. DOE and
NYSERDA expect to continue ongoing work with NYSDEC and the U.S.
Environmental Protection Agency to integrate the requirements of the
Order with the EIS process. DOE anticipates that NYSDEC therefore would
participate in the Decommissioning and/or Long-Term Stewardship EIS to
the extent required to address its regulatory responsibilities for the
WVDP and the Center, including the State Licensed Disposal Area, as an
involved agency under SEQRA.
Future Public Involvement
This Advance Notice of Intent does not serve as a substitute for
the Notice of Intent that would initiate the public scoping process for
the Decommissioning and/or Long-Term Stewardship EIS. After that Notice
of Intent is published, DOE and NYSERDA expect to conduct the public
scoping process in accordance with NEPA, the Council on Environmental
Quality NEPA implementing regulations (40 CFR 1500--1508), the DOE's
implementing regulations (10 CFR part 1021), and with New York's SEQRA
and its implementing regulations (6 NYCRR 617). The scoping process
will include a public meeting and a public comment period on the scope
of the EIS.
Public Reading Rooms
Documents referenced in this Advance Notice of Intent and related
information are available at the following locations.
Central Buffalo Public Library Science and Technology Department,
Lafayette Square, Buffalo, New York 14203, (716) 858-7098
The Olean Public Library, 134 North 2nd Street, Olean, New York 14760,
(716) 372-0200
The Hulbert Library of the Town of Concord, 18 Chapel Street,
Springville, New York 14141, (716) 592-7742
West Valley Central School Library, 5359 School Street, West Valley,
New York 14141, (716) 942-3261
Ashford Office Complex, 9030 Route 219, West Valley, New York 14171,
(716) 942-4555
Issued in Washington, DC, on October 31, 2001.
Steven V. Cary,
Acting Assistant Secretary, Office of Environment, Safety and Health.
[FR Doc. 01-27841 Filed 11-5-01; 8:45 am]
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