[Federal Register Volume 60, Number 1 (Tuesday, January 3, 1995)]
[Notices]
[Pages 98-100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-32315]
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[[Page 99]]
DEPARTMENT OF ENERGY
Office of Civilian Radioactive Waste Management
Safe Transportation and Emergency Response Training; Technical
Assistance and Funding
AGENCY: Office of Civilian Radioactive Waste Management, Department of
Energy.
ACTION: Notice of inquiry.
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SUMMARY: The Department of Energy (the Department) intends to implement
a program of technical assistance and funding to train State, local and
tribal public safety officials of appropriate local jurisdictions with
regard to the transport of spent nuclear fuel or high-level radioactive
waste. The training would cover safe transport procedures and emergency
responses. This notice briefly describes implementation options being
considered, and members of the public are invited to comment.
The Department expects to hold public meetings in order to
facilitate active public involvement in development of policies and
procedures to administer the program.
DATES: Written comments should be mailed to the Department and must be
received on or before April 3, 1995.
ADDRESSES: Written comments (3 copies) should be directed to: U.S.
Department of Energy, c/o Lois Smith, TRW Environmental Safety Systems,
2650 Park Tower Drive, Suite 800, Vienna, Virginia 22180, ATTN: Section
180(c) Comments.
Persons submitting comments should include their names and
addresses. Receipt of comments in response to this Notice will be
acknowledged if a stamped, self-addressed postal card or envelope is
enclosed.
FOR FURTHER INFORMATION CONTACT: For further information on the
transportation of spent fuel and high-level radioactive waste under the
Nuclear Waste Policy Act, please contact: Mr. Allen Benson, Operational
Activities Team Leader, Office of Civilian Radioactive Waste Management
(RW-45), U.S. Department of Energy, 1000 Independence Avenue, SW.,
Washington, D.C. 20585, Telephone: 1-202-586-2280. For general
information on this Notice, please contact: Ms. Ellen Ott, Office of
General Counsel, (GC-52), U.S. Department of Energy, 1000 Independence
Avenue, SW., Washington, D.C. 20585, Telephone: 1-202-586-6975.
Information packets are available for interested persons who want
background information about Office of Civilian Radioactive Waste
Management (OCRWM) transportation prior to providing comments. To
receive an information packet, please call: 1-800-225-NWPA (or call
488-5513 in Washington, D.C.) or write to the OCRWM Information Center,
Post Office Box 44375, Washington, D.C. 20026.
Copies of comments received will be available for examination and
may be photocopied at the Department's public reading room at 1000
Independence Avenue SW, room 1E-190, Washington, D.C.
SUPPLEMENTARY INFORMATION:
Purpose and Need for Agency Action
Under the Nuclear Waste Policy Act of 1982, as amended, (the Act)
(42 U.S.C. 10101 et seq.), the Department is responsible for managing
the disposal of spent nuclear fuel from civilian nuclear power plants
and high-level radioactive waste, and for possible monitored
retrievable storage of spent nuclear fuel prior to disposal. The
Department is also responsible for transportation of spent nuclear fuel
to the Department's disposal or storage site. In order to carry out
these responsibilities, the Department needs to develop a policy and
procedures to implement Section 180(c) of the Act which authorizes
technical assistance and funds to States for training public safety
officials of appropriate units of local government and Indian tribes in
safe routine transport and emergency response through whose
jurisdiction the Secretary of Energy plans to transport spent nuclear
fuel. To ensure that the full range of issues and alternatives related
to the policy and procedures is addressed, the Department invites
comments regarding the scope and implementation mechanisms of Section
180(c).
Section 180(c) History
The Department's work to date on Section 180(c) policies and
implementation procedures has been discussed primarily in three forums:
Transportation Coordination Group meetings, Transportation External
Coordination Working Group meetings and several cooperative agreements
with national and regional organizations representing State, local and
tribal constituencies. These groups have met and will continue to meet
periodically to identify and discuss issues related to the transport of
radioactive materials. This Notice of Inquiry begins a notice and
comment process in the Federal Register that will broaden participation
in the discussion of Section 180(c) policy and implementation
procedures.
The Department has released two documents that discuss Section
180(c) policy and implementation in light of the current regulatory
environment and stakeholder concerns. These two documents are the
Strategy for OCRWM to Provide Training Assistance to State, Tribal, and
Local Governments (November 1992, DOE/RW-0374P), and the Preliminary
Draft Options for Providing Technical Assistance and Funding Under
Section 180(c) of the Nuclear Waste Policy Act, as Amended (November
1992). These documents are available by requesting the information
packet from the OCRWM Information Center.
The Strategy paper identifies certain planning principles and steps
needed to implement Section 180(c). It also addresses stakeholder
comments on the draft version of the document. The Preliminary Draft
Options paper identifies various options available to the Department
for implementing the funding and technical assistance requirements of
the Act. The five option groups identified and discussed below are as
follows: (1) Use established Federal agency programs other than the
Department's, (2) establish agreements with State, local, tribal, and
other organizations, (3) establish a Department-wide grant program, (4)
establish an OCRWM grant program, or (5) select a mixed group of
options comprising elements from the previous four groups.
The Department will further investigate the programs discussed in
the Preliminary Draft Options paper to determine appropriate Section
180(c) policy and implementation procedures. The options, in greater
detail, include:
(1) Use Established Federal Agency Programs Other Than the Department's
The Federal Emergency Management Agency's Comprehensive
Cooperative Agreement program (Civil Preparedness Guide: CCA General
Program Guidelines, CPG 1-3/October 1992). The Federal Emergency
Management Agency is responsible for coordinating emergency planning,
preparedness, mitigation, and assistance functions of the Federal
Government and as a part of that mission, the Comprehensive Cooperative
Agreement mechanism channels financial and technical assistance through
a single recipient for State and local governments.
Department of Transportation's training and planning
grants through the Hazardous Materials Transportation Act, as amended.
This program, administered by the Department of Transportation's
Research and Special [[Page 100]] Programs Administration, provides for
reimbursable grants and requires applicants to provide a 20 percent
funding match to States and Tribes.
Department of Transportation's Federal Highway
Administration: Highway shipments are the responsibility of the Federal
Highway Administration, which encourages nationally uniform inspection
and enforcement activity among the States through the Motor Carrier
Safety Assistance program (Federal Register, Vol. 57, No. 174, Tuesday,
September 8, 1992, pp. 40946-64).
Department of Transportation's Federal Railway
Administration: Federal Government oversight of railroad inspections
has been shared by the Interstate Commerce Commission and the Federal
Railroad Administration (49 U.S.C. Subtitle V, Part A).
(2) Establish Agreements With State, Local, Tribal, and Other
Organizations
The Department of Energy has cooperative agreements with the
Commercial Vehicle Safety Alliance, Conference of Radiation Control
Program Directors, Council of State Governments/Midwest, League of
Women Voters Education Fund, National Association of Regulatory Utility
Commissioners, National Conference of State Legislatures, National
Congress of American Indians, Southern States Energy Board, and Western
Interstate Energy Board. These agreements facilitate communication with
stakeholders to provide information about the OCRWM program and to
receive feedback and comments from the stakeholders about the program.
Similar agreements could be established for Section 180(c)
implementation.
(3) Establish a Department-wide Grant Program
Internal Department-wide coordination of emergency response
activities is through the Transportation Emergency Preparedness Program
(DOE Order 5500.1B). The Transportation External Coordination Working
Group, discussed earlier, provides a mechanism for external parties to
participate in the Department's coordination and development of
emergency response activities. The following is an explanation of other
Department transportation emergency preparedness activities that might
serve as models of or vehicles for some or all of Section 180(c)
implementation.
Department of Energy's Waste Isolation Pilot Plant: The
1992 Waste Isolation Pilot Plant Land Withdrawal Act (Pub. L. 102-579)
has made financial and technical assistance to States and Tribes a
legal requirement. Funds have been distributed to States through a
cooperative agreement with the Western Governors' Association and with
individual Tribes.
Department of Energy's Environmental Restoration and Waste
Management: The Office of Environmental Management is responsible for
the development of all Department transportation policy with the
exception of the transport of civilian spent nuclear fuel and high-
level waste to a Nuclear Waste Policy Act facility and the
transportation of weapons related materials or components. The office
has funded transportation emergency response training for various
Department shipments.
(4) Establish an OCRWM Grant Program
Under this option, OCRWM would develop and implement its
own program, specifically tailored to Section 180(c) requirements. The
payment mechanisms could include a formula combining two or more
grants, direct payments, or cooperative agreements.
(5) Use Elements From the Previous Four Groups
Options from the preceding groups can be interchanged in a
variety of ways. Since each option has elements that meet only portions
of the Section 180(c) program requirements, it might be necessary to
implement a variety of options.
Any Department decisions must weigh the applicability of each
program option to Section 180(c) mandates to encompass safe routine
transportation as well as emergency response capabilities over rail and
highway modes for both State and Tribal recipients. In order to
understand the benefits, costs and drawbacks of each program option,
the Department will conduct an in-depth investigation of each program
option.
Request for Submission
The Department solicits comments from the public on all aspects of
Section 180(c) implementation, including but not limited to: Which
option is the least administratively burdensome? Which option offers
the greatest flexibility for recipients? What eligibility criteria do
similar funding and training programs use? What formulas exist for
division of funds among eligible parties? What restrictions should
apply to the use of funds? How may funds be used in similar programs?
What should be included under the term ``technical assistance''? Based
on past experience, what types and scope of training activities would
be appropriate for implementation under Section 180(c)?
Issued in Washington, D.C., December 28, 1994.
Lake Barrett,
Acting Director, Office of Civilian Radioactive Waste Management.
[FR Doc. 94-32315 Filed 12-30-94; 8:45 am]
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