[Federal Register Volume 66, Number 88 (Monday, May 7, 2001)]
[Notices]
[Pages 23010-23013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-11384]
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DEPARTMENT OF ENERGY
Advance Notice of Intent To Prepare an Environmental Impact
Statement for Depleted Uranium Hexafluoride Conversion Facilities
AGENCY: Department of Energy.
ACTION: Advance notice of intent.
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SUMMARY: The U.S. Department of Energy (DOE) is providing advance
notice of its intent to prepare an Environmental Impact Statement (EIS)
under the National Environmental Policy Act (NEPA) on the proposed
construction, operation, and decontamination/decommissioning of two
depleted uranium hexafluoride (DUF6) conversion facilities,
at Portsmouth, Ohio and Paducah, Kentucky. DOE intends to use the
proposed facilities to convert its inventory of DUF6 to a
more stable chemical form suitable for storage, beneficial use or
disposal. Approximately 700,000 metric tons of DUF6 in about
57,700 cylinders are stored at DOE's Paducah, Portsmouth, and Oak
Ridge, Tennessee, sites.
DOE is issuing this Advance Notice pursuant to 10 CFR 1021.31(b) to
inform the public and interested parties early about the proposed
action, the range of alternatives, and the nature of impact analysis to
be considered in the EIS. DOE intends later to issue a formal Notice of
Intent (NOI) and conduct a public scoping process during which DOE will
invite the public to comment on the scope, proposed action, and
possible alternatives considered in the EIS. DOE seeks comments on this
Advance Notice, and they can be submitted as explained below.
DATES: DOE plans to issue the NOI later this year. After the NOI is
issued, DOE will conduct public scoping meetings to assist in defining
the scope of the EIS and to identify significant issues to be
addressed. The dates and locations of all scoping meetings will be
announced in the NOI or subsequent Federal Register notices and in
local media before the meetings.
ADDRESSES: Please direct comments or suggestions on the scope of the
EIS and questions concerning the proposed project to: Kevin Shaw, U.S.
Department of Energy, Office of Environmental Management, Office of
Site Closure--Oak Ridge Office (EM-32), 19901 Germantown Road,
Germantown, Maryland 20874, fax (301) 903-2978, e-mail
[email protected] (please use `A-NOI Comments' for the subject).
For general information on the DOE NEPA process, please contact
Carol M. Borgstrom, Director, Office of NEPA Policy and Compliance, EH-
42, U.S. Department of Energy, 1000 Independence Avenue, SW.,
Washington, DC 20585-0119, telephone (202) 586-4600 or leave a message
at (800) 472-2756.
SUPPLEMENTARY INFORMATION:
Background
Depleted UF6 results from the process of making uranium
suitable for use as fuel in nuclear reactors or for military
[[Page 23011]]
applications. The use of uranium in these applications requires
increasing the proportion of the uranium-235 isotope found in natural
uranium, which is approximately 0.7% (by weight), through an isotopic
separation process. A U-235 ``enrichment'' process called gaseous
diffusion has historically been used in the United States. The gaseous
diffusion process uses uranium in the form of UF6, primarily
because UF6 can conveniently be used in the gas form for
processing, in the liquid form for filling or emptying containers, and
in the solid form for storage. Solid UF6 is a white, dense,
crystalline material that resembles rock salt.
Over the last five decades, large quantities of uranium were
enriched using gaseous diffusion. ``Depleted'' UF6
(DUF6) is a product of the process and was stored at the
three uranium enrichment sites located at Paducah, Kentucky;
Portsmouth, Ohio; and the East Tennessee Technology Park (ETTP--
formerly known as the K-25 Site) in Oak Ridge, Tennessee. Depleted
uranium is uranium that, through the enrichment process, has been
stripped of a portion of the uranium-235 that it once contained so that
it has a lower uranium-235 proportion than the 0.7 weight-percent found
in nature. The uranium in most of DOE's DUF6 has between 0.2
to 0.4 weight-percent uranium-235.
DOE has management responsibility for approximately 700,000 metric
tons (MT) of DUF6 contained in about 57,700 steel cylinders
at the Portsmouth, Paducah, and ETTP sites, where it has stored such
material since the 1950s. The characteristics of UF6 pose
potential health and environmental risks. UF6 emits low
levels of gamma and neutron radiation. Also, when released to the
atmosphere, UF6 reacts with water vapor in the air to form
hydrogen fluoride (HF) and uranyl fluoride
(UO2F2), both chemically toxic substances. In
light of such characteristics, DOE stores UF6 in a manner
designed to minimize the risk to workers, the public, and the
environment.
In October 1992, the Ohio Environmental Protection Agency (OEPA)
issued a Notice of Violation (NOV) alleging that DUF6 stored
at the Portsmouth facility is subject to regulation under state
hazardous waste laws applicable to the Portsmouth Gaseous Diffusion
Plant. The NOV stated that OEPA had determined DUF6 to be a
solid waste and that DOE had violated Ohio laws and regulations by not
evaluating whether such waste was hazardous. DOE disagreed with this
assessment, and in February 1998, DOE and OEPA reached an agreement.
This agreement sets aside the issue of whether the DUF6 is
subject to Resource Conservation and Recovery Act regulation and
institutes a negotiated management plan governing the storage of the
Portsmouth DUF6. The agreement also requires DOE to continue
its efforts to evaluate potential use or reuse of the material. The
agreement expires in 2008.
In 1994, DOE began work on the Programmatic Environmental Impact
Statement for Alternative Strategies for the Long-Term Management and
Use of Depleted Uranium Hexafluoride (DUF6 PEIS). The
DUF6 PEIS was completed in 1999 and identified conversion of
DUF6 to another chemical form for use or long-term storage
as part of a preferred management alternative. In the corresponding
Record of Decision for the Long-Term Management and Use of Depleted
Uranium Hexafluoride (ROD) (64 FR 43358, August 10, 1999), DOE decided
to promptly convert the DUF6 inventory to depleted uranium
oxide, depleted uranium metal, or a combination of both. The ROD
further explained that depleted uranium oxide will be used as much as
possible and the remaining depleted uranium oxide will be stored for
potential future uses or disposal, as necessary. In addition, according
to the ROD, conversion to depleted uranium metal will occur only if
uses are available.
During the time that DOE was analyzing its long-term strategy for
managing the DUF6 inventory, several other events occurred
related to DUF6 management. In 1995, the Department began an
aggressive program to better manage the DUF6 cylinders,
known as the DUF6 Cylinder Project Management Plan. In part,
this program responded to the Defense Nuclear Facilities Safety Board
(DNFSB) Recommendation 95-1, Safety of Cylinders Containing Depleted
Uranium. This program included more rigorous and frequent inspections,
a multi-year program for painting and refurbishing of cylinders, and
construction of concrete-pad cylinder yards. Implementation of the
DUF6 Cylinder Project Management Plan has been successful,
and, as a result, on December 16, 1999, the DNFSB closed out
Recommendation 95-1.
In February 1999, DOE and the Tennessee Department of Environment
and Conservation (TDEC) entered into a consent order which included a
requirement for the performance of two environmentally beneficial
projects: the implementation of a negotiated management plan governing
the storage of the small inventory (relative to other sites) of all
UF6 (depleted, low enriched, and natural) cylinders stored
at the ETTP site, and the removal of the DUF6 from the ETTP
site or the conversion of the material by December 31, 2009.
In July 1998, the President signed Public Law (Pub. L.) 105-204.
This law directed the Secretary of Energy to prepare ``a plan to ensure
that all amounts accrued on the books'' of the United States Enrichment
Corporation (USEC) for the disposition of DUF6 would be used
to commence construction of, not later than January 31, 2004, and to
operate, an onsite facility at each of the gaseous diffusion plants at
Paducah and Portsmouth, to treat and recycle DUF6 consistent
with the National Environmental Policy Act (NEPA). DOE responded to
Pub. L. 105-204 by issuing the Final Plan for the Conversion of
Depleted Uranium Hexafluoride (referred to herein as the ``Conversion
Plan'') in July 1999. The Conversion Plan describes DOE's intent to
chemically process the DUF6 to create products that would
present both a lower long-term storage hazard and provide a material
that would be suitable for use or disposal.
DOE initiated the Conversion Plan with the announced availability
of a draft Request for Proposals (RFP) on July 30, 1999, for a
contractor to design, construct, and operate DUF6 conversion
facilities at the Paducah and Portsmouth uranium enrichment plant
sites. Based on comments received on the draft RFP, DOE revisited some
of the assumptions about management of the DUF6 inventory
made previously in the PEIS and ROD. For example, as documented in the
Oak Ridge National Laboratory study, Assessment of Preferred Depleted
Uranium Disposal Forms (ORNL/TM-2000/161, June 2000), four potential
conversion forms (triuranium octoxide (U308),
uranium dioxide (U02), uranium tetrafluoride
(UF4), and uranium metal) were evaluated and found to be
acceptable for near-surface disposal at low-level radioactive waste
disposal sites such as those at DOE's Nevada Test Site and Envirocare
of Utah, Inc. Therefore, the RFP was modified to allow for a wide range
of potential conversion product forms and process technologies.
However, any of the proposed conversion forms must have an assured,
environmentally acceptable path for final disposition.
On October 31, 2000, DOE issued a final RFP to procure a contractor
to design, construct and operate DUF6 conversion facilities
at the Paducah and Portsmouth plant sites. The conversion plants that
result from this procurement will convert the DUF6 to a more
stable chemical form that is suitable for either beneficial use or
disposal. The selected
[[Page 23012]]
contractor will design the conversion plants using the technology it
proposes and construct the plants. The selected contractor also will
operate the plants for a five-year period, which will include
maintaining depleted uranium and product inventories, transporting all
uranium hexafluoride storage cylinders in Tennessee to a conversion
plant at Portsmouth, as appropriate, and transporting converted product
for which there is no use to a disposal site. The selected contractor
will be expected to prepare excess material for disposal at an
appropriate site. DOE is evaluating the five proposals it received and
anticipates awarding a contract during the first quarter of 2002. Since
the site specific NEPA process will not be completed prior to contract
award, the contract will be structured such that the NEPA process will
be completed in advance of a go/no-go decision. (See NEPA Process
below.)
Purpose and Need for Agency Action
DOE needs to convert its inventory of DUF6 to a more
stable chemical form for storage, use or disposal. This need follows
directly from the decision presented in the August 1999 Record of
Decision for Long-Term Management and Use of Depleted Uranium
Hexafluoride, namely to begin conversion of the DUF6
inventory as soon as possible.
This EIS will assess the potential environmental impacts of
constructing, operating and decontaminating/decommissioning
DUF6 conversion facilities at the Portsmouth and Paducah
sites, as well as other reasonable alternatives. The EIS will aid
decisionmaking on DUF6 conversion by evaluating the
environmental impacts of the range of reasonable alternatives, as well
as providing a means for public input into the decisionmaking process.
The Department is committed to ensuring that the public has ample
opportunity to participate in this review.
Preliminary Alternatives
Below is a preliminary list of alternatives to be considered in the
EIS. This list of alternatives is subject to modifications in response
to comments received during the public scoping process.
Preferred Alternative. Under the preferred alternative, two
conversion facilities would be built: One at the Paducah Gaseous
Diffusion Plant site and another at the Portsmouth Gaseous Diffusion
Plant site. The cylinders currently stored at the ETTP site near Oak
Ridge, Tennessee, would be transported to Portsmouth for conversion.
The conversion products (i.e., depleted uranium as well as fluorine
components produced during the conversion process) would be stored, put
to beneficial uses, or disposed of at an appropriate disposal facility.
This alternative is consistent with the Conversion Plan, which DOE
submitted to Congress in July 1999, in response to Pub. L. 105-204.
Technology subalternatives for the preferred alternative will include
those technology processes identified in response to the final RFP for
DUF6 conversion services, plus any other technologies that
DOE believes must be considered. (Technologies specify the processes
used for conversion and the products of conversion.) Local siting
subalternatives for building and operating conversion facilities within
the Paducah and Portsmouth plant boundaries will be considered. Timing
options, such as staggering the start of the construction and operation
of the two conversion facilities, will also be considered for the
preferred alternative.
One Conversion Plant Alternative. An alternative of building and
operating only one conversion facility at either the Portsmouth or the
Paducah site will be considered. This plant could differ in size or
production capacity from the two proposed for Portsmouth and Paducah.
Technology and local siting subalternatives will be considered as with
the preferred alternative.
Use of Existing UF6 Conversion Capacity Alternative. DOE
will consider using already-existing UF6 conversion capacity
at commercial nuclear fuel fabrication facilities in lieu of
constructing one or two new conversion plants. DOE is currently
evaluating the feasibility of using existing conversion capacity,
although no expression of interest has been received from such
facilities.
No Action Alternative. Under the ``no action'' alternative,
cylinder management activities (handling, inspection, monitoring, and
maintenance) would continue the ``status quo'' at the three current
storage sites indefinitely, consistent with the DUF6
Cylinder Project Management Plan and the consent orders, which includes
actions needed to meet safety and environmental requirements.
Where applicable under the alternatives listed above,
transportation options, such as truck, rail, and barge, will be
considered for shipping DUF6 cylinders to a conversion
facility and conversion products to a storage or disposal facility.
Also, for each technology alternative, alternatives for conversion
products, including storage, use, and disposal at one or more disposal
sites, will be considered. Further, DOE would appreciate comments
regarding whether there are additional siting alternatives for one or
more new conversion facilities that should be considered.
Preliminary Environmental Analysis
This EIS represents the second level of a tiered environmental
review process being used to evaluate and implement the DUF6
management program. Tiering refers to the process of first addressing
general (programmatic) matters in a PEIS followed by more narrowly
focused (project level) environmental review that incorporates by
reference the more general discussions. The DUF6 PEIS,
issued in April 1999, was the first level of this tiered approach.
The DUF6 PEIS addressed the potential environmental
impacts of broad strategy alternatives, including analyses of the
general impacts of (1) continued storage of DUF6 at DOE's
current storage sites, (2) technologies for converting the
DUF6 to other chemical forms, (3) storage of conversion
products for subsequent use or disposal, (4) use of conversion
products, (5) transportation of materials, and (6) disposal. The ROD
for the DUF6 PEIS declared DOE's decision to promptly
convert the DUF6 inventory to a more stable chemical form.
This tiered EIS will address specific issues associated with the
implementation of the DUF6 PEIS ROD.
NEPA Process
The EIS for the proposed project will be prepared pursuant to the
NEPA of 1969 (42 U.S.C. 4321 et seq.), Council on Environmental Quality
(CEQ) NEPA Regulations (40 CFR Parts 1500--1508), and DOE's NEPA
Implementing Procedures (10 CFR Part 1021). Following the publication
of the Notice of Intent, DOE will hold scoping meetings, prepare and
distribute the draft EIS for public review, hold public hearings to
solicit public comment on the draft EIS, and publish a final EIS. Not
less than 30 days after the publication of the U.S. Environmental
Protection Agency's (EPA's) Notice of Availability of the final EIS,
DOE may issue a ROD documenting its decision concerning the proposed
action.
In addition to the above steps, DOE will consider environmental
factors in selecting a contractor for the conversion services through
the procurement process, including preparation of an environmental
critique and synopsis pursuant to 10 CFR 1021.216. The environmental
critique will evaluate the environmental data and information
[[Page 23013]]
submitted by each offeror and will be subject to the confidentiality
requirements of the procurement process. DOE will prepare a publicly
available environmental synopsis, based on the environmental critique,
to document the consideration given to environmental factors in the
contractor selection process. The environmental synopsis will be filed
with the EPA and will be incorporated into the EIS. In accordance with
10 CFR 1021.216(i), since the NEPA process will not be completed prior
to contract award, the contract will be structured to allow the NEPA
review process to be completed in advance of a go/no-go decision.
Preliminary Identification of EIS Issues
DOE intends to address the following issues when assessing the
potential environmental impacts of the alternatives in this EIS.
Potential environmental impacts will be evaluated for the site-specific
conditions found at the Portsmouth, Paducah, and ETTP sites, and at
other sites, as appropriate. DOE invites comment on these and any other
issues that should be addressed in the EIS:
--Potential effects on the public and workers from exposure to
radiological and hazardous materials from normal operations and
reasonably foreseeable accidents at the sites and during transportation
of DUF6 cylinders and conversion products between sites.
--Potential effects on air, soil, ecological resources, water quality
and cultural resources.
--Potential socioeconomic impacts associated with the workforce needed
for construction and operations, and environmental justice issues.
--Compliance with applicable Federal, state, 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 impacts on local and DOE-wide waste management
capabilities.
--Potential impacts on available resources, including land, materials,
and energy.
--Potential cumulative impacts of the past, present, and reasonably
foreseeable future actions (including impacts resulting from the
activities of the United States Enrichment Corporation).
--Potential irreversible and irretrievable commitment of resources.
--Relationship between short-term use of the environment and long-term
productivity.
Related NEPA Reviews
Final Programmatic Environmental Impact Statement for Alternative
Strategies for the Long-Term Management and Use of Depleted Uranium
Hexafluoride (DOE/EIS-0269, April 1999); Final Waste Management
Programmatic Environmental Impact Statement for Managing Treatment,
Storage, and Disposal of Radioactive and Hazardous Waste (DOE/EIS-0200-
F, May 1997); Disposition of Surplus Highly Enriched Uranium, Final
Environmental Impact Statement (DOE/EIS-0240, June 1996); Environmental
Assessment for the Refurbishment of Uranium Hexafluoride Cylinder
Storage Yards C-745-K, L, M, N, and P and Construction of a New Uranium
Hexafluoride Cylinder Storage Yard (C-745-T) at the Paducah Gaseous
Diffusion Plant, Paducah, Kentucky (DOE/EA-1118, July 1996);
Environmental Assessment for DOE Sale of Surplus Natural and Low
Enriched Uranium (DOE/EA-1172, October 1996); and Environmental
Assessment for the Lease of Land and Facilities within the East
Tennessee Technology Park, Oak Ridge, Tennessee (DOE/EA-1175, 1997).
Scoping Meetings
The purpose of this Advance Notice is to inform the public and
interested parties early about DOE's plans to prepare an EIS for
proposed DUF6 conversion facilities and to encourage early
public involvement in the EIS process. DOE intends to hold public
scoping meetings in Oak Ridge, Tennessee; Paducah, Kentucky; and
Portsmouth, Ohio, to solicit both oral and written comments from
interested parties. The dates and times of such meetings will be
announced in the NOI, which DOE plans to issue later this year, or in
subsequent Federal Register notices and in local media before the
meetings.
Signed in Washington, DC, this 1st day of May, 2001.
Steven V. Cary,
Acting Assistant Secretary, Office of Environment, Safety and Health.
[FR Doc. 01-11384 Filed 5-4-01; 8:45 am]
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