99-1856. Notice of Intent To Prepare an Environmental Impact Statement for a Transuranic Waste Treatment Facility at Oak Ridge, TN  

  • [Federal Register Volume 64, Number 17 (Wednesday, January 27, 1999)]
    [Notices]
    [Pages 4079-4082]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-1856]
    
    
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    DEPARTMENT OF ENERGY
    
    
    Notice of Intent To Prepare an Environmental Impact Statement for 
    a Transuranic Waste Treatment Facility at Oak Ridge, TN
    
    AGENCY: Department of Energy.
    
    ACTION: Notice of Intent.
    
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    SUMMARY: The U. S. Department of Energy (DOE) intends to prepare an 
    Environmental Impact Statement (EIS) under the National Environmental 
    Policy Act (NEPA) and its implementing regulations on the proposed 
    construction, operation, and decontamination/decommissioning of a 
    Transuranic (TRU) Waste Treatment Facility at Oak Ridge, Tennessee. The 
    four types of TRU waste that would be treated at the facility are 
    remote-handled (RH)-TRU waste sludge, low-level radioactive waste 
    supernatant associated with the sludge, contact-handled (CH)-TRU/alpha 
    low-level radioactive waste solids, and RH-TRU/alpha low-level 
    radioactive waste solids. Because much of the waste displays Resource 
    Conservation and Recovery Act (RCRA) characteristics, the proposed 
    facility would be permitted under RCRA. All the waste DOE proposes to 
    treat currently is stored at Oak Ridge National Laboratory (ORNL) in 
    Oak Ridge, Tennessee. The proposed site for the treatment facility is 
    adjacent to the Melton Valley Storage Tanks, where the waste sludge and 
    supernatant are being stored.
        DOE invites the public, organizations, and agencies to present oral 
    or written comments concerning the scope of the EIS, including the 
    issues the EIS should address and the alternatives it would analyze.
    
    DATES: The public scoping period begins on the date of this publication 
    and continues until February 26, 1999. Written comments submitted by 
    mail should be postmarked by the closing date to ensure consideration. 
    Comments mailed after that date will be considered to the extent 
    practicable.
        DOE will conduct public scoping meetings to assist in defining the 
    appropriate scope of the EIS and to identify significant environmental 
    issues to be addressed. These meetings will be held at the following 
    time(s) and location:
        February 11, 1999, American Museum of Science and Energy, 300 South 
    Tulane Avenue, Oak Ridge, Tennessee 37830; Time: 6:30-9:30 p.m.
        February 16, 1999, American Museum of Science and Energy, 300 South 
    Tulane Avenue, Oak Ridge, Tennessee 37830; Time: 6:30-9:30 p.m.
    
    ADDRESSES: Please direct comments or suggestions on the scope of the 
    EIS, requests to speak at the public scoping meetings, requests for 
    special accommodations to enable participation at scoping meetings 
    (e.g., interpreter for the hearing-impaired), and questions concerning 
    the project to: Gary L. Riner, U.S. Department of Energy, Oak Ridge 
    Operations Office, P.O. Box 2001, Oak Ridge, Tennessee 37831, 
    telephone: (423) 241-3498, facsimile: (423) 576-5333, or e-mail 
    rinerg@oro.doe.gov.
        For general information on the DOE NEPA process, please contact: 
    Carol M. Borgstrom, Director, Office of NEPA Policy and Assistance, EH-
    42, U.S. Department of Energy, 1000 Independence Avenue, SW, 
    Washington, D.C. 20585-0119, telephone: (202) 586-4600 or leave a 
    message at (800) 472-2756.
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        Research and development activities supporting national defense and 
    energy initiatives have been performed at ORNL since its construction 
    in eastern Tennessee in 1943, generating radioactive and hazardous 
    waste legacies that now pose environmental concerns. Meeting the 
    cleanup challenges associated with legacy TRU waste is a high priority 
    for the DOE, Tennessee Department of Environment and Conservation 
    (TDEC), and stakeholders. The TRU waste treatment project at the ORNL 
    will be an important component of DOE cleanup efforts at the site.
        TRU waste is radioactive waste that is not classified as high-level 
    radioactive waste and that contains more than 100 nanocuries per gram 
    of alpha-emitting transuranic (atomic numbers greater than 92) isotopes 
    with half-lives greater than 20 years. Alpha low-level radioactive 
    waste contains alpha-emitting transuranic isotopes with half-lives 
    greater than 20 years at concentrations less than 100 nanocuries per 
    gram.
        The TRU waste to be treated also contains beta- and gamma-emitting 
    isotopes in addition to alpha-emitting isotopes, which result in its 
    classification as either CH (surface dose rate of 200 mrem/hr or less) 
    or RH (surface dose rate of greater than 200 mrem/hr).
        Solid waste at ORNL is a heterogeneous mixture consisting of paper, 
    glass, rubber, cloth, plastic, and metal from glove boxes, fuel 
    processing, hot cells, and reactors. Solid waste is currently packaged 
    in metal boxes, drums and concrete overpacks, and stored in RCRA 
    permitted facilities. Most of the solid waste containers do not meet 
    current Department of Transportation regulations and would require 
    repackaging prior to shipment.
        Based on generator records, the solid waste has been classified as 
    either TRU or alpha low-level radioactive waste. However, because the 
    nature of the solid waste can only be confirmed after retrieval and 
    characterization, solid wastes addressed in this Notice of Intent are 
    characterized as ``TRU/alpha low-level radioactive waste'' to note the 
    current uncertainty. The solid waste may contain RCRA characteristic 
    metals, but generator records do not indicate the presence of any RCRA 
    listed constituents. The supernatant, the liquid layer covering the 
    sludge in the tanks, is considered a low-level waste but is not 
    considered hazardous under the RCRA definitions.
        Approximately 62 percent of the legacy TRU wastes are currently 
    stored in 50 year-old tanks. The remaining 38 percent of the legacy TRU 
    wastes are currently stored in subsurface trenches, vaults, and metal 
    buildings.
        Approximate quantities of the four primary waste streams needing
    
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    treatment are: 900 m \3\ of RH-TRU sludge, located in the tanks; 1600 m 
    \3\ of low-level supernatant, located in tanks; 550 m \3\ of RH-TRU 
    waste/alpha low-level radioactive waste solids in vaults and trenches; 
    and 1,000 m \3\ of CH-TRU waste/alpha low-level radioactive waste 
    solids in metal buildings.
    
    Purpose and Need for Agency Action
    
        The DOE needs to ensure the safe and efficient retrieval, 
    processing, certification, and disposition of legacy TRU waste at ORNL. 
    There are legal mandates for DOE to address TRU waste management needs. 
    DOE has been directed by the TDEC and the U. S. Environmental 
    Protection Agency (EPA) to address environmental issues including 
    disposal of its legacy TRU waste. DOE is under a Commissioner's Order 
    issued by the State of Tennessee (September 1995) to implement the Site 
    Treatment Plan, under the Federal Facility Compliance Act, that 
    mandates specific requirements for the processing and disposal of 
    ORNL's TRU waste. The primary milestone in the Commissioner's Order is 
    that DOE begin processing TRU sludge in order to make the first 
    shipment to the Waste Isolation Pilot Plant (WIPP) (a DOE transuranic 
    waste disposal facility) in New Mexico by January 2003. In addition, 
    two Records of Decision issued in connection with the Federal Facility 
    Agreement among EPA, TDEC, and DOE, under the Comprehensive 
    Environmental Response, Compensation, and Liability Act, mandate that 
    the waste from the Gunite and Associated Tanks Project (in Bethel 
    Valley) and the Old Hydrofracture Facility Tanks Project (in Melton 
    Valley) be processed and disposed of along with the TRU waste from the 
    Melton Valley Storage Tanks.
        Waste retrieval operations are currently underway to prepare ORNL 
    TRU waste storage tanks for closure, and the waste removed from the 
    Bethel Valley tanks will be consolidated in the Melton Valley Storage 
    Tanks before processing. After processing, TRU waste must be certified 
    for shipment to and disposal at WIPP, and any low-level radioactive 
    waste resulting from TRU waste processing must be certified for 
    shipment to and disposal at the DOE site(s) to be selected in a Record 
    of Decision for the Waste Management Programmatic Environmental Impact 
    Statement for Managing Treatment, Storage, and Disposal of Radioactive 
    and Hazardous Waste (WM PEIS) (DOE/EIS-0200-F, May 1997). No facilities 
    for processing TRU/alpha low level radioactive waste exist at the Oak 
    Ridge Reservation.
    
    Proposed Action and Alternatives
    
    Proposed Action
    
        Under the proposed action, a waste treatment facility for the ORNL 
    legacy TRU waste would be constructed, operated, and decontaminated/
    decommissioned under a contract awarded to the Foster Wheeler 
    Environmental Corporation. Under the contract, the action would be 
    carried out in four phases: Phase I, Licensing and Permitting 
    (currently in process, includes DOE's NEPA analysis and contractor 
    design activities); Phase II, Construction and Pre-Operational Testing; 
    Phase III, Treatment and Packaging; Phase IV, Decontamination and 
    Decommissioning. If the current NEPA review results in the selection of 
    an alternative other than the proposed action, Phase II (Construction 
    and Pre-Operational Testing) of the contract would not be executed. 
    Waste volume reduction would be a major component of the processing in 
    order to minimize waste generation and costs and to conserve resources. 
    After processing, the waste would be certified for disposal as either 
    low-level radioactive, alpha low-level radioactive, or TRU waste, as 
    discussed above.
        All activities associated with the proposed action must be 
    performed safely and in compliance with applicable Federal and state 
    regulatory requirements. Foster Wheeler Environmental Corporation would 
    be responsible for achieving compliance with all applicable 
    environmental, safety and health laws and regulations, and regulatory 
    agencies would be responsible for monitoring the Corporation's 
    compliance. The State of Tennessee and EPA would regulate the 
    Corporation according to permits under their purview. DOE would 
    regulate occupational safety and health and nuclear safety according to 
    specific environment, safety and health requirements.
        DOE would lease the Melton Valley Storage Tanks, subject to 
    notification of EPA and the State of Tennessee, and an adjacent land 
    area totaling approximately 10 acres to Foster Wheeler Environmental 
    Corporation for construction of the facility. The Melton Valley Storage 
    Tanks are separate from ORNL's main plant area. The proposed treatment 
    facility would be fenced, with controlled access to Tennessee State 
    Highway 95.
        Foster Wheeler Environmental Corporation has proposed a process of 
    evaporating and drying the sludges and supernatant that is flexible 
    enough to address a wide range of waste properties. The low temperature 
    treatment would reduce waste volume, generate additional waste as a 
    result of treatment, and meet specified waste acceptance criteria. To 
    ensure that the waste would meet RCRA Land Disposal Restrictions (LDR) 
    standards, additives that reduce the solubility of the RCRA metals in 
    the waste would be added to form stable compounds. The dried stabilized 
    sludge would pass the Toxic Characteristic Leaching Procedures and no 
    longer exhibit a RCRA characteristic. The relatively inexpensive 
    stabilization process could be easily performed during the overall 
    treatment process and would result in waste that meets the LDR 
    treatments standards and could be stored on site, if necessary, pending 
    disposal. The supernatant would be dried for final disposal at an 
    approved DOE low-level radioactive waste disposal site consistent with 
    a WM PEIS Record of Decision yet to be issued for low-level radioactive 
    waste. Segregation of the supernatant from the sludge would result in 
    significant life-cycle cost avoidance when compared to disposal at 
    WIPP.
        The proposed action includes no treatment for the bulk of the solid 
    waste that is not regulated under RCRA other than repackaging with some 
    compaction to meet the 50% volume reduction required by the contract. 
    The solid waste would be better characterized during the repackaging 
    effort to achieve final waste form certification before disposal. RCRA 
    characteristic items would be isolated for macroencapsulation or other 
    processing techniques to comply with applicable RCRA LDRs. This would 
    ensure that alpha low-level radioactive waste would meet non-RCRA low-
    level waste disposal requirements and comply with RCRA LDRs if interim 
    storage is required on site.
    
    Alternatives
    
        DOE will consider alternatives to the proposed action, such as 
    shipment of TRU wastes to other DOE sites for processing, alternative 
    technologies for sludge waste, and no action. Under a shipment 
    alternative, DOE would ship CH-TRU/alpha low-level and RH-TRU/alpha 
    low-level radioactive waste solids to other DOE site(s) for processing. 
    Most of the solid waste containers do not meet current Department of 
    Transportation regulations and would require repackaging prior to 
    shipment. After processing, the waste would be certified for disposal 
    as either low-level radioactive, alpha low-level radioactive, or TRU 
    waste and transported to appropriate disposal facilities. Under a 
    treatment alternative, DOE would process RH-TRU sludge waste and the
    
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    low-level radioactive waste supernatant associated with the sludge by 
    using vitrification or grouting technology. This alternative would 
    include no treatment for the bulk of the solid waste that is not 
    regulated under RCRA other than repackaging with some compaction. The 
    solid waste would be better characterized during the repackaging effort 
    to achieve final waste form certification before disposal. RCRA 
    characteristic items would be isolated for macroencapsulation or other 
    processing techniques to comply with applicable RCRA LDRs. This would 
    ensure that alpha low-level radioactive waste would meet non-RCRA low-
    level waste disposal requirements and comply with RCRA LDRs if interim 
    storage is required on site.
        As required by the Council on Environmental Quality's (CEQ's) 
    Regulations for Implementing the Procedural Provisions of NEPA (40 CFR 
    Parts 1500-1508), a no action alternative will be evaluated. Under this 
    alternative, DOE would continue to store the TRU waste in tanks, 
    subsurface trenches, vaults, and metal buildings, as discussed in the 
    Background section, above.
    
    Preliminary Environmental Analysis
    
        DOE incorporated environmental information very early in the 
    project planning. Prior to selection of the contractor, DOE held two 
    public meetings with stakeholders, had ongoing discussions with 
    regulators, prepared a characterization report for the site of the 
    proposed action, and sponsored an independent study of treatment 
    technologies and contracting alternatives known as the Parallax study 
    (ORNL/M-4693, Feasibility Study for Processing ORNL TRU Waste in 
    Existing and Modified Facilities, September 15, 1995) (available in the 
    public reading rooms listed below). Bidders were required to submit 
    environmental data, and DOE prepared an environmental critique (under 
    10 CFR 1021.216) for consideration in the procurement process. A 
    synopsis of this critique has been filed with the EPA and made 
    available to the public.
    
    NEPA Process
    
        The EIS for the proposed project will be prepared according to the 
    National Environmental Policy Act of 1969, the CEQ NEPA regulations, 
    and DOE's NEPA Implementing Procedures (10 CFR Part 1021 ).
        Through the NEPA process begun with this Notice of Intent, DOE will 
    continue to analyze environmental impacts and evaluate alternative 
    actions while Phase I of the awarded contract is underway. The EIS for 
    the proposed TRU waste treatment will incorporate pertinent analyses 
    performed as part of the DOE's WIPP Disposal Phase Supplemental 
    Environmental Impact Statement (DOE/EIS-0026-S-2, September, 1997) and 
    the WM PEIS. Processing the ORNL TRU waste in Oak Ridge is consistent 
    with the Records of Decision issued for management of the transuranic 
    waste for the aforementioned Environmental Impact Statements (63 FR 
    3624 and 3629, respectively, January 23, 1998). The disposal of low-
    level radioactive waste included in this contract will be consistent 
    with the WM PEIS ROD for low-level waste that is yet to be issued.
        The contract allows DOE and Foster Wheeler Environmental 
    Corporation to identify during Phase I other potential waste streams 
    for processing at this facility. Any such waste streams would be 
    considered in this EIS and subject to further NEPA review, as 
    appropriate.
    
    Preliminary Identification of EIS Issues
    
        DOE intends to address the following issues when assessing the 
    potential environmental impacts of the alternatives in this EIS. DOE 
    invites comment on these and any other issues that should be addressed 
    in the EIS.
    --Potential effects on air, soil, and water quality from normal 
    operations and reasonably foreseeable accidents.
    --Potential effects on the public, including minority and low-income 
    populations, and workers from exposure to radiological and hazardous 
    materials from normal operations and reasonably foreseeable accidents.
    --Compliance with applicable Federal, state, and local requirements and 
    agreements.
    --Pollution prevention, waste minimization, and energy and water use 
    reduction technologies to eliminate or reduce use of energy, water, and 
    hazardous substances and to minimize environmental impacts.
    --Potential socioeconomic impacts, including potential impacts 
    associated with the workforce needed for operations.
    --Potential cumulative environmental impacts of past, present, and 
    reasonably foreseeable future operations, including impacts from using 
    the proposed facility for potential waste streams other than those 
    currently being proposed.
    --Potential irreversible and irretrievable commitment or resources.
    
    Related NEPA Reviews
    
        Final Waste Management Programmatic Environmental Impact Statement 
    for Managing Treatment, Storage, and Disposal of Radioactive and 
    Hazardous Waste (DOE/EIS-0200-F, May 1997); Waste Isolation Pilot Plant 
    Disposal Phase Supplemental Environmental Impact Statement (DOE/EIS-
    0026-S-2, September 1997); and Advanced Mixed Waste Treatment Project 
    at the Idaho National Engineering and Environmental Laboratory 
    Environmental Impact Statement (DOE/EIS-0290-F, to be issued January 
    1999).
    
    Scoping Meetings
    
        The purpose of this NOI is to encourage early public involvement in 
    the EIS process and to solicit public comments on the proposed scope of 
    the EIS, including the issues and alternatives it would analyze. DOE 
    plans to hold public scoping meetings in Oak Ridge to solicit both oral 
    and written comments from interested parties. See DATES and ADDRESSES, 
    above, for the times and locations of these meetings.
        DOE will designate a presiding officer for the scoping meetings. 
    The scoping meetings will not be conducted as evidentiary hearings, and 
    there will be no questioning of the commentors.
        However, DOE personnel may ask for clarification of statements to 
    ensure that they fully understand the comments and suggestions. The 
    presiding officer will establish the order of speakers. At the opening 
    of each meeting, the presiding officer will announce any additional 
    procedures necessary for the conduct of the meetings. If necessary to 
    ensure that all persons wishing to make a presentation are given the 
    opportunity, a five-minute limit may be applied for each speaker, 
    except for public officials and representatives of groups who would be 
    allotted ten minutes each. Comment cards will also be available for 
    those who would prefer to submit written comments.
        DOE will make transcripts of the scoping meetings and other 
    environmental and project-related materials available for public review 
    in the following reading rooms:
    U.S. Department of Energy, Freedom of Information Public Reading Room, 
    Forrestal Building, Room 1 E-190, 1000 Independence Avenue, SW, 
    Washington, DC 20585, Telephone: (202) 586-3142
    U.S. Department of Energy, Oak Ridge Operations Office, 200 
    Administration Road, Room G-217, Oak Ridge, Tennessee 37831, Telephone: 
    (423) 241-4780.
    
    
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    EIS Schedule
    
        The draft EIS is scheduled to be published by August 1999. A 45-day 
    comment period on the draft EIS is planned, and public hearings to 
    receive comments will be held approximately one month after issuance. 
    Availability of the draft EIS, the dates of the public comment period, 
    and information about the public hearings will be announced in the 
    Federal Register and in the local news media.
        The final EIS, which will incorporate public comments received on 
    the draft EIS, is scheduled for January 2000. A Record of Decision 
    would be issued no sooner than 30 days after a notice of availability 
    of the final EIS is published in the Federal Register.
    
        Signed in Washington, DC, this 21st day of January 1999.
    Peter N. Brush,
    Principal Deputy Assistant Secretary Environment, Safety and Health.
    [FR Doc. 99-1856 Filed 1-26-99; 8:45 am]
    BILLING CODE 6450-01-P
    
    
    

Document Information

Published:
01/27/1999
Department:
Energy Department
Entry Type:
Notice
Action:
Notice of Intent.
Document Number:
99-1856
Dates:
The public scoping period begins on the date of this publication and continues until February 26, 1999. Written comments submitted by mail should be postmarked by the closing date to ensure consideration. Comments mailed after that date will be considered to the extent practicable.
Pages:
4079-4082 (4 pages)
PDF File:
99-1856.pdf