Notice2024-00890
Notice of Availability of Final Environmental Impact Statement for the Surplus Plutonium Disposition Program
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 19, 2024
Issuing agencies
Energy DepartmentNational Nuclear Security Administration
Abstract
The National Nuclear Security Administration (NNSA), a semi- autonomous agency within the Department of Energy (DOE), announces the availability of the Final Environmental Impact Statement for the Surplus Plutonium Disposition Program (SPDP EIS) (DOE/EIS-0549) in compliance with the National Environmental Policy Act of 1969 (NEPA). NNSA prepared the Final SPDP EIS to evaluate the potential environmental impacts of dispositioning 34 metric tons (MT) of surplus plutonium.
Full Text
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<title>Federal Register, Volume 89 Issue 13 (Friday, January 19, 2024)</title>
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[Federal Register Volume 89, Number 13 (Friday, January 19, 2024)]
[Notices]
[Pages 3642-3644]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-00890]
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DEPARTMENT OF ENERGY
National Nuclear Security Administration
Notice of Availability of Final Environmental Impact Statement
for the Surplus Plutonium Disposition Program
AGENCY: National Nuclear Security Administration, Department of Energy.
ACTION: Notice of availability.
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SUMMARY: The National Nuclear Security Administration (NNSA), a semi-
autonomous agency within the Department of Energy (DOE), announces the
availability of the Final Environmental Impact Statement for the
Surplus Plutonium Disposition Program (SPDP EIS) (DOE/EIS-0549) in
compliance with the National Environmental Policy Act of 1969 (NEPA).
NNSA prepared the Final SPDP EIS to evaluate the potential
environmental impacts of dispositioning 34 metric tons (MT) of surplus
plutonium.
DATES: NNSA will not issue a Record of Decision (ROD) on the proposal
for a minimum of 30 days after the date that the U.S. Environmental
Protection Agency (EPA) publishes its Notice of Availability (NOA) in
the Federal Register.
ADDRESSES: Requests for additional information related to the EIS
should be sent by email to <a href="/cdn-cgi/l/email-protection#a5f6f5e1f588e0ecf6e5cbcbd6c48bc1cac08bc2cad3"><span class="__cf_email__" data-cfemail="3b686b7f6b167e72687b5555485a155f545e155c544d">[email protected]</span></a> or to Ms. Maxcine
Maxted, NEPA Document Manager, National Nuclear Security
Administration, Office of Material Management and Minimization, P.O.
Box A, Bldg. 730-2B, Rm. 328, Aiken, SC 29802.
The SPDP EIS is available on the internet at: <a href="https://www.energy.gov/nnsa/nnsa-nepa-reading-room">https://www.energy.gov/nnsa/nnsa-nepa-reading-room</a> and <a href="https://www.energy.gov/nepa/doeeis-0549-surplus-plutonium-disposition-program">https://www.energy.gov/nepa/doeeis-0549-surplus-plutonium-disposition-program</a>.
FOR FURTHER INFORMATION CONTACT: For further information about this
notice, please contact Ms. Maxcine Maxted, NEPA Document Manager,
National Nuclear Security Administration, Office of Material Management
and Minimization, P.O. Box A, Bldg. 730-2B, Rm. 328, Aiken, SC 29802;
phone: (803) 952-7434; email: <a href="/cdn-cgi/l/email-protection#f2a1a2b6a2dfb7bba1b29c9c8193dc969d97dc959d84"><span class="__cf_email__" data-cfemail="97c4c7d3c7bad2dec4d7f9f9e4f6b9f3f8f2b9f0f8e1">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
NNSA prepared the SPDP EIS pursuant to NEPA (Title 42 U.S.C. 4321
et seq.), the Council on Environmental Quality's NEPA regulations (40
CFR parts 1500-1508), and the DOE NEPA implementing procedures (10 CFR
part 1021). NNSA's previous NEPA reviews and decisions regarding the
disposition of surplus plutonium are summarized in Section 1.1 of the
SPDP EIS. The following paragraphs describe recent developments
relevant to the scope of the SPDP EIS.
In 2015, NNSA completed the Surplus Plutonium Disposition
Supplemental Environmental Impact Statement (SPD Supplemental EIS)
(DOE/EIS-0283-S2). In the SPD Supplemental EIS, NNSA evaluated the
environmental impacts of alternatives for dispositioning 13.1 MT of
surplus plutonium (7.1 MT of pit and 6 MT of non-pit) for which a
disposition path had not been assigned. The alternatives evaluated in
the 2015 SPD Supplemental EIS included the Mixed Oxide (MOX) Fuel
Alternative, the Waste Isolation Pilot Plant (WIPP) Alternative, and
two variations of waste immobilization. In addition, NNSA evaluated
four options for pit disassembly and conversion (pit disassembly and
conversion is equivalent to pit disassembly and processing [PDP] as
used in this Notice and the SPDP EIS) using facilities at the Savannah
River Site (SRS) and Los Alamos National Laboratory (LANL). In 2015,
NNSA announced that its preferred alternative for disposition of the
six MT of non-pit surplus plutonium evaluated in the SPD Supplemental
EIS was to prepare the non-pit surplus plutonium for eventual disposal
at the WIPP facility in Carlsbad, New Mexico (80 FR 80348, December 24,
2015). In a 2016 ROD, NNSA announced a decision to disposition the six
MT of non-pit surplus plutonium by downblending it with an adulterant
(downblending is a process equivalent to dilution in the dilute and
dispose strategy as used in the SPDP EIS), packaging it as defense-
related contact-handled transuranic (CH-TRU) waste, and shipping it to
the WIPP facility for disposal (81 FR 19588). In the 2016 ROD, NNSA did
not make a decision about the disposition of the 7.1 MT of pit
plutonium or about the various options for pit disassembly and
conversion that were analyzed in the 2015 SPD Supplemental EIS.
In 2016, NNSA, partnering with the U.S. Army Corps of Engineers,
developed an independent cost estimate for the MOX Fuel Fabrication
Facility (MFFF) project and concluded that the cost of the project,
upon completion of construction, would be approximately $17 billion and
construction would not be complete until 2048. Congress directed NNSA
to prepare a lifecycle cost estimate for disposal of surplus plutonium
using the same approach announced for the six MT, now referred to as
the dilute and dispose strategy. The completed cost estimate indicated
that the estimate-to-complete lifecycle cost of the dilute and dispose
strategy would be substantially lower than the cost to complete the MOX
project. In response, the Secretary of Energy halted construction of
the MOX fuel project in May 2018 by waiving the requirement to use
funds for construction and support activities for the MFFF per the
National Defense Authorization Act. In a letter dated May 10, 2018, the
Secretary of Energy certified that ``the remaining lifecycle cost for
the dilute and dispose strategy will be less than approximately half of
the estimated remaining lifecycle cost of the MOX fuel program.'' On
October 10, 2018, NNSA issued a notice terminating the contract for
construction of MFFF. On February 8, 2019, the U.S. Nuclear Regulatory
Commission (NRC) terminated the construction license for MFFF (NRC
2019). NNSA is preparing this SPDP EIS to evaluate alternatives for
disposition of the 34 MT of surplus plutonium previously designated for
disposition using the MOX fuel program that no longer has a disposition
path.
In 2020, NNSA prepared a Supplement Analysis (SA) based on the
analysis presented in the 2015 SPD Supplemental EIS. NNSA determined
that disposition of 7.1 MT of non-pit surplus plutonium was not a
substantial change in the action analyzed in the 2015 SPD Supplemental
EIS to disposition 7.1 MT of pit plutonium via the WIPP Alternative and
that the environmental impacts had been sufficiently analyzed. NNSA
subsequently issued an Amended ROD
[[Page 3643]]
(AROD) to include preparation of an additional 7.1 MT of non-pit
surplus plutonium for disposal as defense-related CH-TRU waste at the
WIPP facility (85 FR 53350, August 28, 2020). In the same 2020 AROD,
NNSA also decided that non-pit metal processing (NPMP) may be performed
at either LANL or SRS. The SA and AROD are available online at <a href="https://www.energy.gov/nnsa/nnsa-nepa-reading-room">https://www.energy.gov/nnsa/nnsa-nepa-reading-room</a>.
The 7.1 MT of non-pit surplus plutonium referred to in the 2020
AROD is part of the 34 MT of surplus plutonium that NNSA had decided to
disposition by fabricating it into MOX fuel for use in commercial
reactors. The disposition of that 34 MT is the subject of this SPDP
EIS.
Purpose and Need for Agency Action
Since the end of the Cold War in the early 1990s and the
Presidential declarations of surplus fissile materials, DOE has been
charged with the disposition of surplus plutonium.
NNSA's purpose and need for action is to safely and securely
disposition plutonium that is surplus to the Nation's defense needs so
that it is not readily usable in nuclear weapons. NNSA needs to
disposition 34 MT of surplus plutonium in a safe and secure manner and
in a reasonable time frame at a cost consistent with NNSA priorities
and fiscal realities. To achieve this, NNSA must use mature methods and
proven technologies that are based on processes requiring minimal
research and engineering development.
Proposed Action and Alternatives
Both the Preferred Alternative and the No Action Alternative in the
SPDP EIS use the dilute and dispose strategy, and both address up to
7.1 MT of non-pit surplus plutonium that NNSA previously decided to
dispose of using the dilute and dispose strategy (85 FR 53350). The
dilute and dispose strategy includes processing surplus plutonium to
plutonium oxide, diluting it with an adulterant to inhibit plutonium
recovery, and disposing the resulting defense-related CH-TRU waste at
the WIPP facility.
Preferred Alternative
NNSA's Preferred Alternative is to use the dilute and dispose
strategy for 34 MT of surplus plutonium comprised of both pit and non-
pit surplus plutonium. The exact amounts of pit and non-pit forms of
plutonium that compose the 34 MT are safeguarded, so they cannot be
delineated further. Therefore, to bound the impacts, the analysis in
the SPDP EIS evaluates the impacts of dispositioning 34 MT of surplus
plutonium in pit form and the impacts of dispositioning 7.1 MT of non-
pit surplus plutonium. The activities that are part of the Preferred
Alternative would occur at five DOE sites--the Pantex Plant (Pantex) in
Texas, LANL in New Mexico, SRS in South Carolina, the Y-12 National
Security Complex (Y-12) in Tennessee, and the WIPP facility in New
Mexico. NNSA has developed four sub-alternatives for the Preferred
Alternative based on the location of activities.
Base Approach Sub-Alternative
Under the Base Approach Sub-Alternative, NNSA analyzes the impacts
of shipping 34 MT of surplus pit plutonium from Pantex to LANL and
disassembling and processing (i.e., PDP) of the 34 MT of surplus pit
plutonium at LANL with subsequent shipment of the decontaminated and
oxidized highly enriched uranium (HEU) to Y-12. NNSA also analyzes the
impacts of processing 7.1 MT of non-pit surplus plutonium at LANL,
using some of the same capabilities as PDP. This sub-alternative would
rely on expanding existing capabilities at LANL in the Plutonium
Facility (PF-4) for PDP and modifying or building additional support
facilities. The resulting plutonium oxide from the surplus pit and non-
pit surplus plutonium would be shipped to K-Area at SRS, where it would
be diluted, characterized, and packaged for shipment to and disposal at
the WIPP facility.
SRS NPMP Sub-Alternative
The SRS NPMP Sub-Alternative is similar to the Base Approach Sub-
Alternative. NNSA analyzes the impacts of shipping 34 MT of surplus pit
plutonium from Pantex to LANL and PDP of the 34 MT of surplus pit
plutonium at LANL. The decontaminated and oxidized HEU would then be
shipped to Y-12. This sub-alternative would rely on NNSA expanding
existing capabilities at LANL in PF-4 for PDP and modifying or building
additional support facilities. Plutonium oxide resulting from PDP would
be shipped to SRS (K-Area). Unlike the Base Approach Sub-Alternative,
under this sub-alternative, NNSA does not analyze NPMP at LANL.
Instead, processing of 7.1 MT of non-pit surplus plutonium would occur
in the SRS K-Area either in Building 105-K or in a modular system
adjacent to the building. Under this sub-alternative, NNSA considers
the impacts of dilution and characterization and packaging (C&P) of the
diluted plutonium oxide as defense-related CH-TRU waste in SRS's K-Area
for shipment to and disposal at the WIPP facility.
All LANL Sub-Alternative
Under the All LANL Sub-Alternative, NNSA would use only
capabilities at LANL for the entire disposition pathway prior to
shipment to the WIPP facility. Under this Sub-Alternative, NNSA
analyzes the impacts of shipping 34 MT of surplus pit plutonium from
Pantex to LANL, PDP at LANL, and shipment of the decontaminated and
oxidized HEU to Y-12. NNSA would rely on expanding existing
capabilities at LANL in PF-4 and modifying or building additional
support facilities. NNSA also analyzes the impacts of processing 7.1 MT
of non-pit surplus plutonium at LANL in PF-4. Under the All LANL Sub-
Alternative NNSA considers the impacts of dilution in PF-4 and C&P of
the diluted plutonium oxide defense-related CH-TRU waste for shipment
to and disposal at the WIPP facility.
All SRS Sub-Alternative
Under the All SRS Sub-Alternative, NNSA would use only capabilities
at SRS for the entire disposition pathway prior to shipment to the WIPP
facility. Under this sub-alternative, NNSA analyzes the impacts of
shipping 34 MT of surplus pit plutonium from Pantex to SRS and the
disassembly and processing of the 34 MT of surplus pit plutonium and
processing 7.1 MT of non-pit surplus plutonium in a new capability
installed at SRS in either K-Area or F-Area. NNSA analyzes the
subsequent shipment of the decontaminated and oxidized HEU to Y-12 and
the shipment of by-product material to LANL. Under this Sub-
Alternative, NNSA considers the impacts of dilution and C&P of the
diluted plutonium oxide defense-related CH-TRU waste in SRS's K-Area
for shipment to and disposal at the WIPP facility.
No Action Alternative
The No Action Alternative is the continued management of 34 MT of
surplus plutonium. This includes (1) continued storage of surplus pits
at Pantex, (2) continuing the plutonium mission at LANL to process up
to 400 kg of actinides (including surplus plutonium) per year, and (3)
disposition of up to 7.1 MT of non-pit surplus plutonium for which the
disposition decision, using the dilute and dispose strategy, was
announced in NNSA's 2020 AROD (85 FR 53350).
Public Involvement
The SPDP EIS is an element of the NEPA strategy related to the
disposition of surplus plutonium, which NNSA
[[Page 3644]]
announced in the Notice of Intent published in the Federal Register on
December 16, 2020 (85 FR 81460). In that announcement, NNSA provided
information regarding NNSA's overall NEPA strategy related to
fulfilling the purpose and need to disposition 34 MT of surplus
plutonium.
On December 16, 2022, NNSA electronically published the Draft SPDP
EIS and published an NOA in the Federal Register announcing a 60-day
public comment period for the Draft SPDP EIS (87 FR 77096). EPA also
published its NOA of the Draft SPDP EIS on December 16, 2022 (87 FR
77106). The comment period was scheduled to end on February 14, 2023.
On February 7, 2023, NNSA notified the EPA that it was extending the
comment period until March 16, 2023. On February 10, 2023, the EPA
published a notice in the Federal Register that announced the extension
to the public comment period (88 FR 8843). NNSA held three in-person
public hearings and one internet-based (with telephone access) virtual
public hearing. The in-person public hearings were held on January 19,
2023, in North Augusta, South Carolina, on January 24, 2023, in
Carlsbad, New Mexico, and on January 26, 2023, in Los Alamos, New
Mexico. The virtual public hearing was held on January 30, 2023. In
addition to the public hearings, the public was encouraged to provide
comments via U.S. postal mail, by phone, or electronically via email.
NNSA received 121 comment documents from individuals, interested
groups, and Federal, State, and local agencies during the public
comment period on the Draft SPDP EIS.
NNSA considered all comments received before May 2023, on the Draft
SPDP EIS in preparing the Final EIS and revised the Draft EIS to
incorporate changes as a result of public comments. The Final EIS also
includes NNSA's responses to all comments received.
NNSA will consider the environmental impact analysis presented in
the Final SPDP EIS, along with other information, when making decisions
regarding surplus plutonium disposition. NNSA will then issue a ROD on
the proposal no sooner than 30 days following the date that EPA
publishes its NOA in the Federal Register.
Signing Authority
This document of the Department of Energy was signed on December
19, 2023, by Jill Hruby, Under Secretary for Nuclear Security and
Administrator, National Nuclear Security Administration, pursuant to
delegated authority from the Secretary of Energy. That document with
the original signature and date is maintained by DOE. For
administrative purposes only, and in compliance with requirements of
the Office of the Federal Register, the undersigned DOE Federal
Register Liaison Officer has been authorized to sign and submit the
document in electronic format for publication, as an official document
of the Department of Energy. This administrative process in no way
alters the legal effect of this document upon publication in the
Federal Register.
Signed in Washington, DC, on January 12, 2024.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2024-00890 Filed 1-18-24; 8:45 am]
BILLING CODE 6450-01-P
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