[Federal Register Volume 64, Number 47 (Thursday, March 11, 1999)]
[Notices]
[Pages 12161-12162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-6016]
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DEPARTMENT OF ENERGY
Notice of Availability; Draft DOE Manual Requirement on Use of
Non-DOE Facilities for Low-Level Waste and Mixed Low-Level Waste
Disposal
AGENCY: Department of Energy (DOE).
ACTION: Notice of availability.
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SUMMARY: The Department of Energy (DOE) announces the availability of
its draft requirement for the use of commercial facilities for
treatment, storage, and disposal of radioactive waste. This draft
requirement is consistent with the decision by DOE to continue its
current policy of relying on DOE waste disposal facilities and of using
commercial (non-DOE) facilities by exemption when DOE disposal is not
practical. This decision is based on the results of DOE's policy
analysis on the use of commercial facilities for Low-Level Waste (LLW)
and Mixed Low-Level Waste (MLLW) disposal.
FOR FURTHER INFORMATION CONTACT: Martin Letourneau, U.S. Department of
Energy, EM-35, 19901 Germantown Road, Germantown, Maryland 20874, by
telephone at 301-903-7656, or by e-mail at:
martin.letourneau@em.doe.gov. For additional information on the policy
analysis, please contact: Jay Rhoderick, at the above address, or by
telephone at 301-903-7174. Electronic copies of the draft Order and
Manual are available on the Internet at: http://
www.explorer.doe.gov:1776/htmls/draft.html> under the title ``Series
400 Work Process.'' Copies of the policy analysis are available through
the Center for Environmental Management Information at 1-800-736-3282.
SUPPLEMENTARY INFORMATION: DOE announced in its March 19, 1998, Notice
of Intent (63 FR 13396) that it would conduct an analysis of its use of
commercial disposal facilities for LLW and MLLW and solicited comments
from the public and interested organizations. DOE's current policy is
to rely on its own facilities for the disposal of its wastes, and by
exemption where necessary, make limited use of commercial facilities
that have licenses from either the Nuclear Regulatory Commission or an
Agreement State.
The policy analysis concluded that DOE should continue its
preference for use of DOE disposal facilities for DOE wastes and to use
commercial facilities under an exemption process when DOE disposal is
not practical. Where on-site DOE disposal is not practical, use of both
off-site DOE facilities and commercial facilities may be necessary, and
this provides DOE with greater flexibility to ensure cost efficiency.
DOE has delegated the exemption authority for determining when
commercial facilities should be used to the DOE Field Office Managers
to facilitate the exemption process when use of commercial facilities
is necessary and in DOE's best interest. The DOE Field Office Managers
are required to consult with the Office of the Assistant Secretary for
Environment Safety and Health prior to granting the exemption.
Therefore, DOE will continue its policy of disposing its LLW and
MLLW at the site at which it is generated, if practical, or if on-site
disposal capability is not available, at another DOE disposal facility.
DOE may approve exemptions from this policy. However, where an
exemption is sought, the policy requires that the commercial disposal
facility under consideration be in compliance with all applicable
Federal, State, and local requirements, and that it have all of the
necessary permits, licenses and approvals for disposal of the specific
wastes involved.
The policy analysis was not completed on August 6, 1998, when DOE
made available a revised draft of its Order and Manual on radioactive
waste management (63 FR 42012). These draft documents set forth the
requirements that DOE programs and contractors must follow in managing
DOE radioactive waste to provide for radiological protection from DOE
facilities, operations, and activities. The draft Order and Manual will
replace the existing DOE Order on radioactive waste management, DOE
5820.2A.
The section of the draft Manual pertaining to the use of non-DOE
facilities for treatment, storage, and disposal of radioactive waste
was reserved pending the outcome of the policy analysis. The draft
requirement is consistent with the results of the policy analysis and
will be included in the section of the draft Manual that is reserved
(DOE M 435.1, Chapter I, General Requirements and
[[Page 12162]]
Responsibilities, Section 2.E(4), Approval of Exemptions for Use of
Non-DOE Facilities). The requirement would state:
DOE Field Element Managers are responsible for the Approval of
Exemptions for Use of Non-DOE Facilities. DOE radioactive waste
shall be treated, stored, and in the case of LLW, disposed of at the
site where the waste is generated, if practical; or at another DOE
facility. If DOE capabilities are not practical, exemptions may be
approved to allow use of non-DOE facilities for the storage,
treatment, and disposal of DOE radioactive waste based on the
following minimum requirements:
(a) Such non-DOE facilities shall:
1. Comply with applicable Federal, state, and local
requirements;
2. Have the necessary permit(s), license(s), and approval(s) for
the specific waste(s); and
3. Be determined by the Field Element Manager to be acceptable
based on a review conducted annually by DOE.
(b) Exemptions for the use of non-DOE facilities shall be
documented to be cost effective and in the best interest of DOE,
including consideration of alternatives for on-site disposal, an
alternative DOE site, and available non-DOE facilities;
consideration of life-cycle cost and potential liability; and be
protective of public health and the environment.
(c) DOE waste shall be sufficiently characterized and certified
to meet the facility's waste acceptance criteria.
(d) Appropriate National Environmental Policy Act (NEPA) review
must be completed. For actions taken under the Comprehensive
Environmental Response, Compensation and Liability Act (CERCLA), it
is DOE's policy to incorporate NEPA values into the CERCLA
documentation (reference: Secretarial Policy Statement on NEPA, June
1994).
(e) Headquarters shall be notified of the exemption to use a
non-DOE facility and the Office of the Assistant Secretary for
Environment, Safety and Health (EH-1) shall be consulted prior to
the exemption being executed.
(f) Host States and State Compacts where non-DOE facilities are
located shall be consulted prior to approval of an exemption to use
such facilities and notified prior to shipments being made.
Issued in Washington, DC March 4, 1999.
James M. Owendoff,
Acting Assistant Secretary for Environmental Management.
[FR Doc. 99-6016 Filed 3-10-99; 8:45 am]
BILLING CODE 6450-01-P
