95-20878. Notice of Intent To Prepare Supplemental Environmental Impact Statement Waste Isolation Pilot Plant, Disposal Phase  

  • [Federal Register Volume 60, Number 163 (Wednesday, August 23, 1995)]
    [Notices]
    [Pages 43779-43785]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-20878]
    
    
    
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    DEPARTMENT OF ENERGY
    
    
    Notice of Intent To Prepare Supplemental Environmental Impact 
    Statement Waste Isolation Pilot Plant, Disposal Phase
    
    AGENCY: Department of Energy.
    
    ACTION: Notice of intent to prepare a supplemental environmental impact 
    statement.
    
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    SUMMARY: The Department announces its intent to prepare a Supplemental 
    Environmental Impact Statement (SEIS II) for the proposed continued 
    phased development of the Waste Isolation Pilot Plant (WIPP) for 
    disposal of transuranic (TRU) waste. The Department will prepare the 
    SEIS II pursuant to the National Environmental Policy Act (NEPA) of 
    1969, in accordance with the Council on Environmental Quality 
    regulations for implementing the procedural provisions of NEPA and the 
    Department's implementing procedures, and to conduct public scoping 
    meetings.
        The Department has been proceeding with the phased development of 
    WIPP to meet its statutory responsibility to demonstrate the safe 
    disposal of TRU waste resulting from United States defense activities. 
    
    [[Page 43780]]
    
        After preparing an EIS in 1980, the Department decided in its 1981 
    Record of Decision to begin phased development of a research and 
    development facility to demonstrate the safe disposal of TRU wastes in 
    salt by constructing WIPP near Carlsbad, New Mexico. The Department 
    prepared its first Supplemental EIS in 1990 to analyze changes in 
    environmental impacts resulting from significant new information and 
    changed circumstances since the 1980 EIS. In a 1990 Record of Decision, 
    the Department decided to continue with phased development of WIPP by 
    conducting test phase activities to demonstrate WIPP's compliance with 
    applicable disposal regulations. Test phase activities were to have 
    included tests with TRU waste in the excavated underground area of 
    WIPP. In October 1993, however, the Department decided to conduct tests 
    using radioactive wastes in above-ground laboratories rather than 
    underground at WIPP. Some experiments to further examine the 
    hydrologic, geologic and physical characteristics of the repository 
    continue to be conducted underground at WIPP.
        In the Record of Decision for the 1990 Supplemental EIS, the 
    Department stated that it would prepare the SEIS II before deciding 
    whether to proceed with the WIPP disposal phase. The Department 
    proposes to continue phased development of WIPP to begin waste disposal 
    in 1998. The Department is aware that a bill, H.R. 1663, has been 
    introduced in Congress that, if enacted, could accelerate this planned 
    schedule. The Department intends to prepare the SEIS II to further 
    examine the environmental impacts of the proposed future phases of 
    WIPP, including the disposal, closure, and post-closure phases.
    
    DATES: The Department invites all interested parties to submit comments 
    or suggestions concerning the scope of the issues to be addressed, 
    alternatives to be analyzed, and the environmental impacts to be 
    assessed in the SEIS II during a comment period ending September 30, 
    1995. All comments will be considered in preparation of the SEIS II. 
    Written comments must be postmarked by September 30, 1995 to assure 
    consideration. Comments postmarked after that date will be considered 
    to the extent practicable.
        The public is also invited to attend scoping meetings where 
    comments will be received on the SEIS II. Public scoping meetings will 
    be held on the dates and at the locations given below:
    
    Carlsbad, New Mexico..................  September 7, 1995................  Holiday Inn Carlsbad, 601 South Canal
                                                                                Street, Carlsbad, NM 88220, (505)   
                                                                                885-8500.                           
    Albuquerque, New Mexico...............  September 12, 1995...............  Pyramid Holiday Inn, 5151 San        
                                                                                Francisco Road NE., Albuquerque, NM 
                                                                                87109, (505) 821-3333.              
    Santa Fe, New Mexico..................  September 14, 1995...............  Best Western High Mesa Inn, 3347     
                                                                                Cerrillos Road, Santa Fe, NM 87501, 
                                                                                (505) 473-2800.                     
    Denver, Colorado......................  September 19, 1995...............  Denver Marriott West, 1717 Denver    
                                                                                West Boulevard, Golden, CO 80401,   
                                                                                (303) 273-4022.                     
    Boise, Idaho..........................  September 20, 1995...............  Red Lion Inn Riverside, 2900 Chinden 
                                                                                Boulevard, Boise, ID 83714, (208)   
                                                                                343-1871.                           
                                                                                                                    
    
        Scoping meetings will be conducted in the afternoon and evening at 
    the New Mexico locations. Only evening scoping meetings are planned for 
    Denver and Boise. The hours for scoping meetings will be: 2:00 PM to 
    5:00 PM for the afternoon meetings and 7:00 PM to 10:00 PM for the 
    evening meetings.
        The scoping meetings will be conducted as workshops. Displays will 
    provide an overview of the WIPP project, and Department personnel will 
    be present to answer general questions about the project. Separate 
    displays will explain individual aspects of the WIPP project in more 
    detail and experts will be present to answer questions on a variety of 
    topics, including transportation, waste handling and disposal plans, 
    and long-term performance issues (including geology, hydrology, and 
    health impact assessment). Additional displays and experts may be added 
    to the presentation based on public input before the scoping meetings.
        Note takers will capture the substance of public comments in the 
    display and discussion areas. A separate area also will be available 
    where the public can write their own comments or record them on 
    audiotape.
        Records of, and responses to, the oral and written scoping comments 
    will be presented in the Implementation Plan for the SEIS II. The 
    Implementation Plan will also provide guidance for preparation of the 
    SEIS II and state the planned scope and content (10 CFR 1021.312). The 
    Implementation Plan will be issued as soon as possible after the close 
    of the public scoping process, but in any event before issuing the 
    draft SEIS II.
    
    ADDRESSES: Copies of the Implementation Plan will be provided to 
    interested and affected members of the public upon request and will be 
    available for inspection in the public reading room locations indicated 
    below:
    
    Public Library Reading Room, Department of Energy, 1000 Independence 
    Avenue, SW., Washington, DC 20585
    Defense Nuclear Facilities Safety Board, 625 Indiana Avenue, NW., Suite 
    700, Washington, DC 20004
    Office of Scientific and Technical Information, Technical Information 
    Center, Department of Energy, P.O. Box 62, Oak Ridge, TN 37831
    WIPP Public Reading Room, National Atomic Museum, Albuquerque 
    Operations Office, Department of Energy, P.O. Box 5400, Albuquerque, NM 
    87115
    Zimmerman Library, Government Publications Department, University of 
    New Mexico, Albuquerque, NM 87138
    Carlsbad Public Library, 101 S. Halagueno Street, Carlsbad, NM 88220
    Pannell Library, New Mexico Junior College, 5317 Lovington Highway, 
    Hobbs, NM 88240
    Thomas Brannigan Memorial Library, 200 E. Picacho, Las Cruces, NM 88005
    Raton Public Library, 244 Cook Avenue, Raton, NM 87740
    New Mexico State Library, 325 Don Gaspar, Santa Fe, NM 87503
    Martin Speare Memorial Library, New Mexico Institute of Mining and 
    Technology, Campus Station, Socorro, NM 87801
    Idaho National Engineering Laboratory, Boise Office, 816 West Bannock, 
    Suite 306, Boise, ID 83706
    Shoshone-Bannock Library, Human Resources Center, Bannock and Pima, 
    Fort Hall, ID 83203
    Public Reading Room, Idaho National Engineering Laboratory Technical 
    Library, 1776 Science Center Drive, Idaho Falls, ID 83402
    University of Idaho Library, Government Document Department, University 
    of Idaho Campus, Rayburn Street, Moscow, ID 83403
    Moscow Environmental Restoration Information Office, 530 South Ashbury, 
    Suite 2, Moscow, ID 83843
    
    [[Page 43781]]
    
    Idaho National Engineering Laboratory, Pocatello Office, 1651 Al Ricken 
    Drive, Pocatello, ID 83201
    Idaho National Engineering Laboratory, Twin Falls Office, 233 2nd 
    Street North, Suite B, Twin Falls, ID 83301
    Standley Lake Library, 8485 Kipling Street, Arvada, CO 80005
    Information Center, Colorado Department of Public Health and 
    Environment, 4300 Cherry Creek Drive South, Building A, Denver, CO 
    80222-1530
    Superfund Records Center, U. S. Environmental Protection Agency, 999 
    18th Street, 5th Floor, Denver, CO 80220
    Rocky Flats Public Reading Room, Department of Energy, Front Range 
    Community College Library, 3645 West 112th Avenue, Westminster, CO 
    80030
    Citizens Advisory Board, 9035 N. Wadsworth Parkway, Suite 2250, 
    Westminster, CO 80021
    
        Comments on the scope of the SEIS II, questions concerning the 
    Department's proposal to begin the WIPP disposal phase, and requests 
    for copies of the Implementation Plan and/or the Draft SEIS II should 
    be directed to the designated Carlsbad Area Office contact below.
    
    FOR FURTHER INFORMATION CONTACT: Written questions and comments should 
    be directed to: Harold Johnson, NEPA Compliance Officer, Attn: Scoping 
    Comments, Mail Stop 535, Carlsbad Area Office, U.S. Department of 
    Energy, Post Office Box 3090, Carlsbad, NM 88221.
        Oral and faxed questions and comments should be directed to the 
    SEIS II Project at the numbers below: Telephone: 1-800-336-9477, 
    Facsimile: 1-505-224-8030.
        For information on the Department's NEPA process, 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, Telephone: 202-586-4600 or leave a message at 1-800-472-2756.
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        The ``National Security and Military Applications of Nuclear Energy 
    Act of 1980'' (Pub.L. 96-164) authorized the Department to develop a 
    research and development facility to demonstrate the safe disposal of 
    radioactive waste generated by national defense activities. WIPP is 
    intended to meet the statutory requirements of Pub.L. 96-164. Initially 
    the WIPP mission was to include experimentation with high-level 
    radioactive wastes, but subsequent legislation has limited the 
    radioactive component of waste the Department proposes to place in WIPP 
    to TRU waste.
        TRU waste is waste that contains alpha particle-emitting 
    radionuclides with an atomic number greater than that of uranium (92), 
    half-lives greater than 20 years, and concentrations greater than 100 
    nanocuries per gram of waste. TRU waste is classified according to the 
    radiation dose rate at a package surface. Contact-handled TRU waste has 
    a radiation dose rate at a package surface of 200 millirem per hour or 
    less; this waste can be safely handled directly by personnel. Remote-
    handled TRU waste has a radiation dose rate at a package surface 
    greater than 200 millirem per hour; this waste must be handled remotely 
    (e.g., with machinery designed to shield the handler from radiation). 
    Alpha radiation is the primary factor in the radiation health hazard 
    associated with TRU waste. Alpha radiation is not energetic enough to 
    penetrate human skin but poses a health hazard if it is taken into the 
    body (e.g., inhaled or ingested). Remote-handled TRU waste also emits 
    gamma and/or beta radiation, which can penetrate the human body and 
    requires shielding during transport and handling.
        The Department's TRU waste inventory has resulted primarily from 
    research and development, nuclear weapons production, and fuel 
    reprocessing activities at Departmental sites. [Idaho National 
    Engineering Laboratory; Rocky Flats Environmental Technology Site; the 
    Hanford, Savannah River, Mound and Nevada Test Sites: and Los Alamos, 
    Oak Ridge, Lawrence Livermore and Argonne (Chicago) National 
    Laboratories have historically generated over 90 percent of the 
    Department's TRU waste, with smaller sites generating the remainder.] 
    Currently, about 2.6 million cubic feet of contact-handled TRU waste 
    and about 42,000 cubic feet of remote-handled TRU waste are in 
    retrievable storage at Departmental sites around the country. The 
    Department projects that approximately 1.8 million additional cubic 
    feet of contact-handled TRU waste and 127,000 cubic feet of remote-
    handled TRU waste will be generated through the year 2022 from 
    continuing site activities and decontamination and decommissioning. 
    Additional TRU waste would be generated by environmental restoration 
    activities at Departmental sites, but the volume and characteristics of 
    this waste that might be disposed of at WIPP are uncertain. (Decisions 
    on the disposition of waste and contaminated media from environmental 
    restoration activities are made on a cleanup-by-cleanup basis, and such 
    decisions have not yet been made for many of the Department's 
    environmental restoration activities. The Department has also not yet 
    sufficiently characterized all of the contaminated sites to be certain 
    as to the specific wastestreams from those cleanups.) The potential for 
    disposal at WIPP of TRU waste from environmental restoration activities 
    will be analyzed in the cumulative impacts section of the SEIS II as a 
    reasonably foreseeable future action.
        Before 1970, material that is now classified as contact-handled TRU 
    waste was not segregated from low-level waste and was buried along with 
    low-level waste. At the time of burial, the Department did not intend 
    to retrieve that waste. Since the Atomic Energy Commission (one of the 
    Department's predecessor agencies) adopted a policy requiring 
    retrievable storage of certain waste containing transuranic 
    radionuclides in 1970, Departmental TRU waste has been stored in 
    containers so that it could be easily retrieved when future decisions 
    were made regarding the management or disposition of this waste.
        About 55 percent of the Department's current TRU waste inventory 
    contains hazardous substances regulated under the Resource Conservation 
    and Recovery Act and is referred to as TRU mixed waste. The fraction of 
    TRU waste streams that is mixed waste is expected to decrease in the 
    future due to Departmental pollution prevention activities. Under the 
    Resource Conservation and Recovery Act, land disposal of waste 
    containing certain listed hazardous constituents is prohibited, unless 
    the waste is treated to substantially diminish the waste's toxicity or 
    substantially reduce the likelihood of migration of hazardous 
    constituents from the waste so that short-term and long-term threats to 
    human health and the environment are minimized. (This prohibition, and 
    the required treatment level, are referred to as the ``land disposal 
    restrictions.'') The Environmental Protection Agency can grant an 
    exemption from the land disposal restrictions if it finds that there 
    will be no migration of hazardous constituents from the disposal unit 
    for as long as the wastes remain hazardous (a ``no-migration 
    exemption''). (The Department received such an exemption for the WIPP 
    test phase.) The Department plans to submit a petition for a no-
    migration exemption for the WIPP disposal phase to the Environmental 
    Protection Agency in 
    
    [[Page 43782]]
    June 1996. As discussed further below, the SEIS II will analyze three 
    levels of TRU waste treatment to provide for any decision the 
    Environmental Protection Agency may make on that petition.
        The Department has been proceeding with the phased development of 
    WIPP since 1981. In the Final Environmental Impact Statement, Waste 
    Isolation Pilot Plant (DOE/EIS-0026, 1980), the Department examined the 
    environmental impacts of the WIPP and alternatives and in the 1981 
    Record of Decision (46 FR 9162, January 23, 1981) decided to begin 
    construction of the WIPP facility to demonstrate the safe disposal of 
    TRU waste in salt formations. In the following nine years, construction 
    of WIPP surface facilities and shafts necessary for waste and salt 
    handling and ventilation were completed, and the experimental area and 
    a portion of the underground disposal area were excavated.
        In 1990, the Department prepared the Final Supplemental 
    Environmental Impact Statement, Waste Isolation Pilot Plant (DOE/EIS-
    0026FS, 1990), which reexamined the environmental impacts of WIPP in 
    light of new information and changed circumstances (including a 
    reduction in the expected volume of TRU waste, inclusion of high-curie 
    and high-neutron waste in the TRU waste inventory, a decision not to 
    emplace high-level waste in WIPP for experimental purposes, and changes 
    from a vented to a non-vented TRU waste transportation package). In the 
    1990 Record of Decision (55 FR 25689, June 22, 1990), the Department 
    decided to continue phased development of WIPP by conducting test phase 
    activities to reduce uncertainties associated with performance 
    assessment predictions that are necessary to determine whether WIPP 
    would comply with applicable disposal regulations. Test phase 
    activities were to have included tests with TRU waste in the 
    underground area of WIPP. On October 21, 1993, in response to comments 
    from the Environmental Protection Agency, the scientific community, and 
    the public, the Department decided to conduct tests using radioactive 
    wastes in above-ground laboratories rather than underground at WIPP. 
    Performance assessment models based on these tests are being used to 
    demonstrate compliance with applicable disposal regulations.
        In the 1990 Record of Decision, the Department announced it would 
    prepare this SEIS II before proceeding with the proposed waste disposal 
    phase at the WIPP. The Department is proposing to begin the disposal 
    phase of WIPP operations in June 1998. (The Department is aware that a 
    bill, H.R. 1663, has been introduced in Congress that, if enacted, 
    could accelerate disposal to March 1997.) The Department is preparing 
    the SEIS II to provide updated information about the environmental 
    impacts of the proposed action and alternatives.
        The 1990 Record of Decision stated that the scope of the SEIS II 
    would include an analysis of the long-term performance of WIPP in light 
    of the information obtained during the test phase activities and a more 
    detailed analysis of the processing and handling of TRU waste at the 
    generator facilities. In 1992, Congress passed the ``Waste Isolation 
    Pilot Plant Land Withdrawal Act'' (Pub.L. 102-579) (Land Withdrawal 
    Act), which imposed additional requirements on the Department's phased 
    development of the WIPP site. As explained more fully below, the SEIS 
    II will also discuss these statutory changes and other changed 
    circumstances to the extent that they could affect the environmental 
    impacts of WIPP.
        Additional changes to the Land Withdrawal Act proposed in H.R. 
    1663, if enacted, could further affect the scope of the SEIS II 
    analysis.
    
    Changed Circumstances and New Information:
    
        Several changed circumstances since 1990 that could affect the 
    environmental impacts of the WIPP disposal phase will be examined in 
    the SEIS II, as part of the analysis of the proposed action or of 
    alternatives or subalternatives to the proposed action, including the 
    following:
         Waste Management Programmatic EIS. The Department is 
    examining various options for waste management across the Departmental 
    complex in the Waste Management Programmatic EIS (DOE/EIS-0200) (PEIS). 
    The Notice of Intent was published on October 22, 1990 and an 
    Implementation Plan was issued on December 23, 1993. The Department 
    proposed to modify the scope of the PEIS in January 1995 (60 FR 4607, 
    January 24, 1995). The Draft PEIS is scheduled for issuance in 
    September 1995. The PEIS is examining alternatives for treatment, 
    storage, and disposal of specified waste types complex-wide, including 
    post-1970 generated TRU waste. Because the SEIS II will examine impacts 
    of TRU waste disposal at WIPP, the PEIS does not examine those impacts. 
    Under all of the PEIS TRU waste alternatives, disposal at WIPP of all 
    post-1970 Department-generated retrievably-stored TRU waste is assumed 
    for purposes of analysis.
        The PEIS examines the potential environmental impacts of treating 
    the waste to three levels: treatment to meet the planning-basis WIPP 
    waste acceptance criteria (primarily designed to decrease waste 
    mobility), intermediate treatment to also reduce the gas generation 
    potential of the waste, and enhanced treatment of TRU mixed waste to 
    also meet Resource Conservation and Recovery Act land disposal 
    restrictions at various Departmental sites that generate TRU waste. 
    WIPP is the only Departmental site not currently generating TRU waste 
    that would be considered as an alternative treatment site (for contact-
    handled TRU waste only).
        To fulfill the commitments made in the 1990 Record of Decision to 
    examine the impacts of waste processing and handling at the generator 
    sites, the SEIS II will summarize and incorporate by reference the PEIS 
    analysis of the alternatives for TRU waste treatment locations that are 
    being considered in the PEIS. The SEIS II will also include an analysis 
    of the impacts of disposal of waste treated to meet the three treatment 
    levels being considered in the PEIS. The information from the PEIS 
    concerning impacts of various treatment levels at the treatment sites 
    and the SEIS II analysis of disposal impacts at WIPP from various 
    treatment levels will inform the Department's decision on final WIPP 
    waste acceptance criteria.
        The Department proposes to use WIPP to dispose of post-1970 
    retrievably-stored and newly-generated TRU waste generated by defense-
    related activities. For completeness, however, the SEIS II also will 
    assess the impacts of disposing of a relatively small volume (when 
    compared to defense-related waste) of non-defense TRU waste at WIPP, 
    consistent with the PEIS action alternatives. The SEIS II will 
    incorporate the PEIS analysis by reference and supplement it as 
    appropriate. Statutory changes would be required before WIPP could 
    dispose of non-defense generated TRU waste.
        The scope of the analysis in the SEIS II will differ from that of 
    the PEIS in several major aspects resulting from the documents' 
    different purposes. Specifically, the SEIS II, but not the PEIS, will 
    analyze the impacts of TRU waste disposal at WIPP. In addition, because 
    the PEIS assumes for analytic purposes that WIPP will operate, the 
    long-term environmental impacts of indefinite storage of TRU waste at 
    generator sites are not included in the PEIS analysis. The PEIS no-
    action alternative analyzes the impacts of continued storage of TRU 
    waste at generator sites until disposal at WIPP, 
    
    [[Page 43783]]
    assuming that existing waste management facilities would be used. The 
    impacts of storage for an indefinite time will be analyzed as part of 
    the no-action alternative in the SEIS II.
         More Generator Sites. Ten generator sites for the majority 
    of the Department's TRU waste were identified in the 1990 Supplemental 
    EIS (listed under Background, above), but the Department since then has 
    identified additional sites that generate small quantities of TRU waste 
    that would be disposed of at WIPP. Options for managing this waste are 
    being addressed in the PEIS (and will be incorporated by reference in 
    the SEIS II), including treatment at the small generator sites to meet 
    the planning-basis WIPP waste acceptance criteria and direct shipment 
    from these sites to WIPP for disposal (which would require activities 
    such as certification, treatment, storage, and loading for 
    transportation to be done at each small generator site) and using one 
    or more of the main generator sites to perform such waste management 
    activities.
         Less Waste. The volumes of contact-handled and remote-
    handled TRU waste in retrievable storage and estimated to be generated 
    at the generator/storage sites from continuing operations have greatly 
    decreased since 1990, primarily because of the Department's reduced 
    nuclear weapons production activities.
         Land Withdrawal Act. The Land Withdrawal Act contains 
    provisions that could affect the environmental impacts of various WIPP 
    alternatives. One section of the Act sets an upper limit on the volume 
    of TRU waste (6.2 million cubic feet) and the radioactivity (5.1 
    million curies) of remote-handled waste that can be disposed of at 
    WIPP. The SEIS II would examine whether these limitations would affect 
    the previous analysis of the impacts and whether the Department may 
    need to dispose of more waste than the Act would allow to be disposed 
    of at WIPP. Also, the Land Withdrawal Act requires the Department to 
    perform certain studies, including one on rail and truck transportation 
    alternatives, one on remote-handled TRU waste, and one on waste 
    processing and volume reduction technologies. Any new information 
    contained in studies required by the Land Withdrawal Act will be used, 
    as appropriate, in preparing the SEIS II.
         WIPP Experimental Program. The WIPP experimental program 
    has provided additional information regarding the site, the waste, and 
    potential interactions between the waste and the WIPP environment that 
    are relevant to the performance of the WIPP site. To date, experimental 
    results appear to confirm previous expectations regarding the 
    suitability of WIPP as a TRU waste repository. Performance assessment 
    models based on these tests are being used to demonstrate compliance 
    with applicable disposal regulations, and will be used to provide 
    information on waste disposal impacts in the SEIS II.
         Waste Acceptance Criteria. DOE has revised the planning-
    basis WIPP waste acceptance criteria since 1990. The revision that 
    could potentially affect environmental impacts the most is the addition 
    of a requirement to treat waste to eliminate corrosive characteristics. 
    The planning-basis WIPP waste acceptance criteria could potentially 
    change again to conform with decisions made regarding TRU waste 
    treatment based on the analysis of treatment subalternatives in the 
    SEIS II.
         Transportation Routes. The Department has made minor 
    changes to the local portions of some of the truck transportation 
    routes that were presented in the 1990 Supplemental EIS.
    
    Purpose and Need For Agency Action
    
        As discussed under Background, above, since the mid-1940s, the 
    Department's research and development, nuclear weapons production, and 
    fuel reprocessing activities have produced TRU waste. Continued 
    operation of Departmental facilities, decontamination and 
    decommissioning of defense production facilities, and environmental 
    restoration activities (including remediation of sites where pre-1970 
    wastes were buried) at Departmental sites are expected to generate 
    additional TRU waste. The Department needs to safely dispose of the 
    accumulated TRU waste and provide for the disposal of the additional 
    TRU waste to be generated. TRU waste emits alpha radiation for a long 
    period of time and must be isolated from means of environmental 
    transport (primarily air and water). Similarly, the hazardous 
    constituents of the TRU mixed waste also pose a hazard if they are 
    taken into the body and need to be isolated or treated to reduce 
    exposure and its consequences. As noted above, Congress authorized the 
    Department in Pub.L. 96-164 to develop a research and development 
    facility to meet the Department's need for disposal. The Department 
    also needs to examine reasonable alternatives for treatment of the TRU 
    waste to ensure that the disposal of the waste is protective of human 
    health and the environment.
    Proposed Action
    
        The Department's proposed action is to continue phased development 
    of WIPP by beginning the disposal phase of TRU waste operations at the 
    facility. Any unfinished compliance activities would continue until the 
    Department obtains regulatory approvals needed to begin receiving 
    waste. (Compliance activities are ongoing now, and are scheduled for 
    completion before a decision on the WIPP disposal phase.) The remainder 
    of the planned waste disposal area at WIPP would be excavated to 
    accommodate the waste, as needed. (Approximately one-eighth of the 
    planned disposal area has already been excavated.)
        Under the proposed action, retrievably-stored defense-generated 
    waste would be characterized, packaged, and certified at the generator 
    sites to meet WIPP waste acceptance criteria (to be determined based on 
    the analysis in the SEIS II) and then loaded into approved reusable 
    shipping containers for transportation to WIPP by truck. When the waste 
    arrives at WIPP, the shipping container would be unloaded and the waste 
    containers would be inspected before being emplaced underground at 
    WIPP.
        Under the proposed action, the SEIS II will analyze the impacts of 
    waste storage, characterization, certification, treatment, and loading 
    at the generator sites, and of transporting TRU waste from the 
    generator sites to WIPP. The SEIS II will also discuss mitigation and 
    accident prevention measures and emergency response procedures to 
    protect the safety and health of workers and the public at the 
    generator sites and along transportation routes, and tracking of waste 
    shipments to WIPP. Much of this analysis will have already been done in 
    the context of the PEIS and the previous WIPP Supplemental EIS, and 
    will be summarized and incorporated by reference, and supplemented or 
    updated as necessary.
        The impacts of waste disposal operations at WIPP also will be 
    analyzed under this alternative in the SEIS II, including the impacts 
    of waste receipt and waste package inspection, monitoring, emplacement, 
    and subsequent activities associated with eventual closure, 
    decommissioning and institutional control of the WIPP after waste 
    disposal operations have been completed. Loss of institutional controls 
    will also be considered.
    
    Alternatives to the Proposed Action
    
        The SEIS II will consider a no-action alternative that consists of 
    continued management of TRU waste at the 
    
    [[Page 43784]]
    generator facilities and decommissioning or other disposition of the 
    WIPP facility. This alternative will be analyzed to provide a baseline 
    of environmental impacts if the waste were not disposed of at WIPP. 
    Analysis of the no-action alternative would compare the impacts of 
    continued storage of TRU waste (including an assumed loss of 
    institutional controls after 100 years) with the expected post-closure 
    impacts of WIPP under the proposed-action alternative.
    
    Subalternatives
    
        Subalternatives of the proposed action would also be considered. 
    The effects on the performance of WIPP as a disposal site of several 
    TRU waste treatment subalternatives would be considered in the SEIS II 
    to help the Department establish final WIPP waste acceptance criteria. 
    Another set of subalternatives would address the disposal of non-
    defense generated TRU waste. Transportation subalternatives, including 
    rail common carrier service and dedicated rail service, particularly 
    for remote-handled waste, would also be reexamined in the SEIS II.
    
    Preliminary Identification of Environmental Issues
    
        The issues listed below have been tentatively identified for 
    analysis in the SEIS II. This list is presented to facilitate public 
    comment on the scope of the SEIS II. It is not intended to be all-
    inclusive or to predetermine the potential impacts of any of the 
    alternatives.
        (1) Potential effects on the public and on-site workers from 
    releases of radiological and non-radiological materials during normal 
    operations and from reasonably foreseeable accidents;
        (2) Pollution prevention and waste minimization;
        (3) Potential effects on air and water quality and soils, and other 
    environmental consequences of normal operations and reasonably 
    foreseeable accidents;
        (4) Potential cumulative effects of operations at the WIPP site, 
    including relevant impacts from other past, present, and reasonably 
    foreseeable activities at the site;
        (5) Potential effects on endangered or threatened species, other 
    species of concern, floodplain/wetlands, and archaeological/historical 
    sites;
        (6) Effects from normal transportation and reasonably foreseeable 
    transportation accidents;
        (7) Potential socioeconomic impacts on communities surrounding WIPP 
    and the generator sites;
        (8) Environmental justice considerations;
        (9) Unavoidable adverse environmental effects;
        (10) Short-term uses of the environment versus long-term 
    productivity; and
        (11) Potential irretrievable and irreversible commitments of 
    resources.
    
    Related NEPA Documentation
    
        NEPA documents that have been or are being prepared for activities 
    related to WIPP include, but are not limited to, the following:
        (1) Final Environmental Impact Statement, Waste Isolation Pilot 
    Plant (DOE/EIS-0026, October 1980), and the January 23, 1981, Record of 
    Decision (46 FR 9162) and Final Supplemental Environmental Impact 
    Statement, Waste Isolation Pilot Plant (DOE/EIS-0026-FS, January 1990), 
    and the June 13, 1990, Record of Decision (55 FR 25689). These 
    documents provide environmental analysis and the decision rationale for 
    earlier phases of the WIPP project.
        (2) Waste Management PEIS. The Waste Management PEIS will analyze 
    complex-wide waste management alternatives. The Department published 
    the Notice of Intent to prepare the PEIS on October 22, 1990 (55 FR 
    42633) and issued the Implementation Plan on December 23, 1993. The 
    Department proposed to modify the scope of the PEIS in January 1995 (60 
    FR 4607), and the Draft PEIS is now scheduled for issuance in September 
    1995. As noted above, the SEIS II will incorporate the PEIS analysis of 
    treatment alternatives to ensure that the decision whether to proceed 
    with the WIPP disposal phase is consistent with the programmatic 
    decisions on locations of waste treatment facilities that may be made 
    based on the PEIS.
        (3) Environmental Assessment for the Proposed Actinide Source-Term 
    Test Program at Los Alamos National Laboratory (DOE/EA-0977). This 
    Environmental Assessment examined the site specific impacts of 
    conducting in-laboratory waste testing at Los Alamos National 
    Laboratory as part of the WIPP test phase activities. A Finding of No 
    Significant Impact was issued on January 23, 1995.
        (4) Environmental Assessment for the Construction and Operation of 
    the Carlsbad Environmental Monitoring and Research Center (DOE/EA-1081) 
    (in preparation). The proposed action is for the Department to continue 
    funding operation of the Carlsbad Environmental Monitoring and Research 
    Center by the University of New Mexico. The Center's laboratories and 
    offices would be constructed in Carlsbad, New Mexico, adjacent to the 
    existing New Mexico State University campus. The Center would 
    independently monitor and analyze biological and ecological impacts 
    from ongoing and future WIPP operations as part of its work to improve 
    environmental monitoring techniques.
        (5) Environmental Assessment for the Construction and Operation of 
    the Sand Dunes to Ochoa Powerline Project (DOE/EA-1109). The Department 
    adopted this Bureau of Land Management Environmental Assessment and 
    Finding of No Significant Impact on May 19, 1995. This Environmental 
    Assessment examined the impacts of constructing a Department-funded 
    backup powerline to WIPP so that commercial electric power would not be 
    interrupted if the single existing powerline is damaged. As part of the 
    project, a new substation also will be constructed within the WIPP 
    secure area to increase the electrical supply available at WIPP.
        (6) The Department of Energy Programmatic Spent Nuclear Fuel 
    Management and Idaho National Engineering Laboratory Environmental 
    Restoration and Waste Management Programs Final Environmental Impact 
    Statement (DOE/EIS-0203-F, April 1995) and Record of Decision, (60 FR 
    2680, June 1, 1995); Tritium Supply and Recycling Programmatic 
    Environmental Impact Statement (DOE/EIS-0161) (in preparation); Long-
    Term Storage and Disposition of Weapons-Usable Fissile Materials 
    Programmatic Environmental Impact Statement (DOE/EIS-0229) (in 
    preparation); Environmental Impact Statement for the Continued 
    Operation of the Pantex Plant and Associated Storage of Nuclear Weapon 
    Components (DOE/EIS-0225) (in preparation); Site-wide Environmental 
    Impact Statement for Continued Operation of the Los Alamos National 
    Laboratory, Los Alamos, New Mexico (DOE/EIS-0238) (in preparation); 
    Nevada Test Site and Other Off-Site Locations within the State of 
    Nevada Site-wide Environmental Impact Statement (DOE/EIS-0239) (in 
    preparation); and Rocky Flats Environmental Technology Site-wide 
    Environmental Impact Statement, Rocky Flats Site, Golden, Colorado (no 
    number yet assigned) (in preparation) are among several recently 
    completed and ongoing documents that analyze or have the potential to 
    analyze proposals or alternatives that could generate additional 
    transuranic waste for disposal at WIPP.
    
     
    [[Page 43785]]
    
        Issued in Washington, D.C., this 18th day of August, 1995.
    Peter Brush,
    Principal Deputy Assistant Secretary, Environment, Safety and Health.
    [FR Doc. 95-20878 Filed 8-22-95; 8:45 am]
    BILLING CODE 6450-01-P
    
    

Document Information

Published:
08/23/1995
Department:
Energy Department
Entry Type:
Notice
Action:
Notice of intent to prepare a supplemental environmental impact statement.
Document Number:
95-20878
Dates:
The Department invites all interested parties to submit comments
Pages:
43779-43785 (7 pages)
PDF File:
95-20878.pdf