[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
[[Page 4081]]
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.
[[Page 4082]]
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