Notice2024-08390

Record of Decision for the Final Environmental Impact Statement for the Surplus Plutonium Disposition Program

Primary source

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Published
April 19, 2024

Issuing agencies

Energy DepartmentNational Nuclear Security Administration

Abstract

The National Nuclear Security Administration (NNSA), a semi- autonomous agency within the U.S. Department of Energy (DOE), is issuing this Record of Decision (ROD) for the Final Environmental Impact Statement (EIS) for the Surplus Plutonium Disposition Program (SPDP) (SPDP EIS) (DOE/EIS-0549). In this ROD, NNSA announces its decision to use the dilute and dispose strategy, rather than the Mixed Oxide Fuel (MOX) Program, to permanently dispose of 34 metric tons (MT) of plutonium surplus to the defense needs of the Nation (surplus defense-related plutonium). NNSA will implement the Base Approach Sub- alternative of the Preferred Alternative as described and analyzed in the SPDP EIS.

Full Text

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<title>Federal Register, Volume 89 Issue 77 (Friday, April 19, 2024)</title>
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[Federal Register Volume 89, Number 77 (Friday, April 19, 2024)]
[Notices]
[Pages 28763-28767]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-08390]


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DEPARTMENT OF ENERGY

National Nuclear Security Administration


Record of Decision for the Final Environmental Impact Statement 
for the Surplus Plutonium Disposition Program

AGENCY: National Nuclear Security Administration, Department of Energy.

ACTION: Record of decision.

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SUMMARY: The National Nuclear Security Administration (NNSA), a semi-
autonomous agency within the U.S. Department of Energy (DOE), is 
issuing this Record of Decision (ROD) for the Final Environmental 
Impact Statement (EIS) for the Surplus Plutonium Disposition Program 
(SPDP) (SPDP EIS) (DOE/EIS-0549). In this ROD, NNSA announces its 
decision to use the dilute and dispose strategy, rather than the Mixed 
Oxide Fuel (MOX) Program, to permanently dispose of 34 metric tons (MT) 
of plutonium surplus to the defense needs of the Nation (surplus 
defense-related plutonium). NNSA will implement the Base Approach Sub-
alternative of the Preferred Alternative as described and analyzed in 
the SPDP EIS.

FOR FURTHER INFORMATION CONTACT: For further information on this ROD or 
the SPDP EIS, contact: Ms. Maxcine Maxted, National Environmental 
Policy Act (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; via email at <a href="/cdn-cgi/l/email-protection#16454652463b535f4556787865773872797338717960"><span class="__cf_email__" data-cfemail="99cac9ddc9b4dcd0cad9f7f7eaf8b7fdf6fcb7fef6ef">[email&#160;protected]</span></a>; or by phone at (803) 952-7434. This ROD, the SPDP 
EIS, and related NEPA documents are available at <a href="http://www.energy.gov/nnsa/nnsa-nepa-reading-room">www.energy.gov/nnsa/nnsa-nepa-reading-room</a>.

SUPPLEMENTARY INFORMATION: DOE is currently employing the dilute and 
dispose strategy to dispose of up to 13.1 MT of surplus plutonium. 
Recently, NNSA announced a replanning effort to revisit the initiation 
of the Pit

[[Page 28764]]

Disassembly and Processing (PDP) Project, a part of the SPDP, by 
approximately 10 years. Increased capacity for producing plutonium 
oxide, which NNSA evaluated as part of the Preferred Alternative in the 
SPDP EIS, will therefore be delayed. This decision will extend the 
timeline for the full 34 MT disposition mission. NNSA will continue to 
dismantle surplus pits and produce plutonium oxide at the Los Alamos 
National Laboratory (LANL) and remains fully committed to 
dispositioning 34 MT of surplus plutonium. The Surplus Plutonium 
Disposition line-item project execution at the Savannah River Site 
(SRS) will continue as described in the SPDP EIS, and NNSA will 
continue to dilute surplus plutonium and ship contact-handled 
transuranic waste to the Waste Isolation Pilot Plant (WIPP) for 
permanent disposal. This decision will allow NNSA to continue to remove 
surplus plutonium from South Carolina in alignment with the DOE-South 
Carolina Settlement Agreement.

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 plutonium and 6 MT of non-pit 
plutonium) for which a disposition path had not been assigned. The 
alternatives evaluated in the 2015 SPD Supplemental EIS included the 
MOX Fuel Alternative, the WIPP Alternative (the WIPP Alternative is 
equivalent to the dilute and dispose strategy, as used in the SPDP 
EIS), 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 as used in the SPDP EIS) using facilities at SRS and LANL. 
In a 2016 ROD, NNSA announced a decision to disposition the 6 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 this 2016 ROD, NNSA 
also decided to increase available downblend capability by continuing 
construction and initiating operation of the SPD Project at SRS. 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 May 2018, the Secretary of Energy halted the MOX Program by 
waiving the requirement to use funds for construction and support 
activities for the Mixed Oxide Fuel Fabrication Facility in accordance 
with the National Defense Authorization Act. In a letter dated May 10, 
2018 to Congress, 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 Program.'' NNSA prepared this SPDP EIS to evaluate 
alternatives for disposition of the 34 MT of surplus plutonium 
previously designated for disposition using the MOX Program (Amended 
ROD 68 FR 20134, April 24, 2003) that no longer has a disposition path 
because the MOX Program has been cancelled.
    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 stating its decision to prepare 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 Amended ROD, NNSA also decided that non-pit 
metal processing (NPMP) may be performed at either LANL or SRS.
    The 7.1 MT of non-pit surplus plutonium referred to in the 2020 
Amended ROD is part of the 34 MT of surplus plutonium that NNSA had 
decided (Amended ROD 68 FR 20134, April 24, 2003) to disposition by 
fabricating it into MOX fuel for use in commercial reactors (i.e., the 
MOX Program). The disposition of that 34 MT is the subject of the SPDP 
EIS.

Alternatives Considered

    In the SPDP EIS, NNSA analyzed the impact of two alternatives: the 
Preferred Alternative, consisting of four sub-alternatives, and the No 
Action Alternative. Both alternatives use the dilute and dispose 
strategy and both include up to 7.1 MT of non-pit surplus plutonium 
that NNSA previously decided to dispose of (85 FR 53350) using the 
dilute and dispose strategy. 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 plutonium. The No Action Alternative is continued 
management of the 34 MT of both pit and non-pit plutonium, including 
the disposition of up to 7.1 MT of non-pit plutonium using the dilute 
and dispose strategy based on the previous NNSA decision (85 FR 53350). 
The Preferred Alternative is the only alternative that meets NNSA's 
purpose and need to take action.
    Preferred Alternative: NNSA's Preferred Alternative is to use the 
dilute and dispose strategy for disposal of 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 
classified. To bound the impacts, in the SPDP EIS NNSA evaluated 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. 
However, the SPDP Program would disposition only up to 34 MT of surplus 
plutonium total, not 34 MT plus 7.1 MT. 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 describes the steps and technologies 
involved in the Preferred Alternative in detail in Section 2.1 of the 
SPDP EIS. NNSA developed and evaluated the impacts of four sub-
alternatives for the Preferred Alternative based on the location of 
processing activities.
    The Base Approach Sub-Alternative involves shipping 34 MT of pit 
plutonium from Pantex to LANL and disassembling and processing (PDP) 
the 34 MT of pit plutonium to oxide, with subsequent shipment of the 
decontaminated and oxidized highly enriched uranium (HEU) to Y-12. The 
Base Approach Sub-Alternative also includes processing 7.1 MT of non-
pit

[[Page 28765]]

surplus plutonium using the same capability provided by PDP at LANL. 
This sub-alternative relies on expanding existing capabilities at LANL 
in the Plutonium Facility (PF-4) and modifying or building additional 
support facilities for PDP and NPMP. This expansion would allow NNSA to 
accelerate the dilute and dispose strategy compared to relying solely 
on existing facilities at LANL. The resulting plutonium oxide from the 
surplus pit and non-pit plutonium would be shipped to K-Area at SRS, 
where it would be blended with an adulterant and characterized and 
packaged (C&P) as CH-TRU waste for shipment to and disposal at the WIPP 
facility.
    The SRS NPMP Sub-Alternative is similar to the Base Approach Sub-
Alternative: NNSA would ship 34 MT of pit plutonium from Pantex to LANL 
where PDP would take place in PF-4. In the SRS NPMP Sub-Alternative, 
NNSA would ship the decontaminated and oxidized HEU to Y-12. PDP would 
be followed by shipment of the resulting plutonium oxide to SRS (K-
Area). Unlike the Base Approach Sub-Alternative, NPMP would not take 
place at LANL. Instead of processing 7.1 MT of non-pit surplus 
plutonium would occur at SRS's K-Area either in Building 105-K or in a 
modular system adjacent to the building. Similar to the Base Approach 
Sub-Alternative, the SRS NPMP Sub-Alternative plutonium oxide would be 
blended with an adulterant and characterized and packaged as CH-TRU 
waste for shipment to and disposal at the WIPP facility.
    For the All LANL Sub-Alternative, NNSA would use only capabilities 
at LANL for the entire disposition pathway. Like the Base Approach Sub-
Alternative, under the All LANL Sub-Alternative NNSA would ship 34 MT 
of pit plutonium from Pantex to LANL for PDP in PF-4 with subsequent 
shipment of the decontaminated and oxidized HEU to Y-12. In the All 
LANL Sub-Alternative, processing 7.1 MT of non-pit surplus plutonium 
would occur at LANL in PF-4. Unlike the Base Approach Sub-Alternative, 
the resulting plutonium oxide would remain at LANL for dilution and C&P 
before shipment to and disposal at the WIPP facility as CH-TRU waste.
    For the All SRS Sub-Alternative, NNSA would use only capabilities 
at SRS. NNSA would ship 34 MT of pit plutonium from Pantex to SRS. PDP 
would take place in a new capability installed at SRS in either K-Area 
or F-Area. NNSA would ship the decontaminated and oxidized HEU to Y-12. 
Processing 7.1 MT of non-pit surplus plutonium would use new capability 
provided by PDP. The resulting plutonium oxide would remain at SRS for 
dilution and C&P before shipment to and disposal at the WIPP facility 
as CH-TRU waste.
    No Action Alternative: NNSA's No Action Alternative for 
dispositioning 34 MT of surplus plutonium is continued management of 34 
MT of surplus plutonium. This includes (1) continued storage of pits at 
Pantex, (2) the continued plutonium mission at LANL to process up to 
400 kg of actinides (including surplus plutonium) a year as announced 
in NNSA's 2008 LANL SWEIS ROD (73 FR 55833), 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 Amended ROD (85 FR 53350). NNSA describes the steps and 
technologies involved in the No Action Alternative in detail in Section 
2.1.2 of the SPDP EIS.
    NPMP of up to 7.1 MT could be performed in the existing furnaces 
installed in gloveboxes at LANL's PF-4 or in a NPMP capability that 
would be built at Building 105-K in K-Area at SRS. If NPMP occurs at 
LANL, the resulting plutonium oxide would be shipped to SRS for 
dilution and C&P and subsequently shipped from K-Area to the WIPP 
facility for disposal as CH-TRU waste.

Environmentally Preferrable Alternative

    The No Action Alternative, using only existing facilities at LANL 
and SRS, would require no new land disturbance or construction. In 
addition, the lesser quantity of plutonium that would be processed 
would result in fewer emissions and a smaller volume of CH-TRU waste 
for disposal at the WIPP facility. The No Action Alternative is 
therefore the environmental preferable alternative. However, the No 
Action Alternative does not meet NNSA's mission need.

Potential Environmental Impacts of Preferred Alternative

    NNSA estimated the potential environmental impacts of the Preferred 
Alternative, the Sub-Alternatives, and the No Action Alternative on air 
quality, visual resources, human health, socioeconomics, waste 
management, transportation, environmental justice, land resources, 
geology and soils, water resources, noise, ecological resources, 
cultural resources, infrastructure, and the global commons. NNSA also 
evaluated the potential impacts of the irreversible and irretrievable 
commitment of resources, the short-term uses of the environment, and 
the maintenance and enhancement of long-term productivity. These 
analyses and results for the 34 MT of surplus plutonium are described 
in the Summary and Section 4 of the Final SPDP EIS. Table S-10 of the 
Final SPDP EIS Summary provides a summary of potential environmental 
impacts associated with each alternative as well as a means for 
comparing the potential impacts among alternatives and sub-
Alternatives. A full discussion of the impacts for all resources is 
found in Section 4.0 of Volume 1. Appendix C in Volume 2 contains the 
detailed potential environmental impacts broken out by activity and 
site (LANL and SRS), as well as impacts across the sites under each of 
the alternatives and sub-alternatives. NNSA determined that the impacts 
of the Preferred Alternative at both LANL and SRS are minor to 
negligible for land use and visual resources, air quality, noise, 
geology and soils, water resources, human health (chemical use), and 
waste management. NNSA finds that impacts at both sites from 
radiological releases during normal operations and impacts on other 
resources are small and within the bounds of existing regulations.
    DOE has authorized WIPP to use fiscal year (FY) 2050 as a planning 
assumption for a closure date for project management plans related to 
capital asset projects and other strategic planning initiatives. 
Therefore, for the purpose of estimating impacts, NNSA chose fiscal 
year (FY) 2050 as the date for completion of the 34 MT mission 
described in the SPDP EIS. NNSA estimated operational durations based 
on process throughputs that would result in mission completion in FY 
2050. Because NNSA has decided to revisit the timing for initiation of 
the PDP, the 34 MT mission will not be completed by 2050. As a result, 
the annual impacts NNSA estimated in the SPDP EIS are greater than the 
impacts that will result from implementation of the Preferred 
Alternative without the PDP Project. The impact analysis of the 
Preferred Alternative assumed the PDP Project would be operational in 
approximately 2030. In addition, construction impacts, except for those 
associated with the SPD Project at SRS, will not occur until the PDP 
Project is initiated.

Public Involvement

    On December 16, 2020, NNSA published a Notice of Intent (NOI) to 
prepare this SPDP EIS in the Federal Register (85 FR 81460) announcing 
a 45-day public scoping period ending February 1, 2021. NNSA extended 
the

[[Page 28766]]

scoping period to February 18, 2021. The NOI also provided information 
regarding NNSA's overall NEPA strategy related to fulfilling the 
purpose and need to disposition 34 MT of surplus plutonium. Considering 
the public health concerns at the time, NNSA held virtual public 
scoping meetings on January 25 and 26, 2021, to discuss the SPDP EIS 
and to receive comments on the potential scope of the SPDP EIS. In 
addition to the scoping meetings, NNSA encouraged members of the public 
to provide comments via U.S. postal mail, email, or telephone. NNSA 
received 279 comment documents related to the project scope during the 
public scoping process. NNSA considered all comments received during 
the public scoping process including some received after the close of 
the comment period, when preparing the Draft SPDP EIS. A summary of the 
comments, including an indication of how NNSA addressed the comments, 
was published in the Draft SPDP EIS.
    In accordance with NEPA regulations, the Draft SPDP EIS was 
provided to the public for comment on December 16, 2022, with 
publication of a Notice of Availability (NOA) in the Federal Register 
(87 FR 77096). Publication of the U.S. Environmental Protection 
Agency's NOA (87 FR 77106) on the same day started a 60-day public 
comment period that originally ran through February 14, 2023, and was 
extended 30 days until March 16, 2023, resulting from requests from the 
public. The Environmental Protection Agency announced the comment 
period extension in a February 10, 2023, Notice in the Federal 
Register. NNSA held in-person public hearings at locations near SRS, 
the WIPP facility, and LANL on January 19, 24, and 26, 2023, 
respectively, and a virtual public hearing on January 30, 2023, to 
present preliminary findings and to provide the public, governmental 
entities including Native American Tribes, and other stakeholders the 
opportunity to comment on the Draft SPDP EIS.
    The NOA encouraged members of the public to provide comments on the 
Draft EIS. NNSA considered all comments carefully and equally. After 
considering the comments, NNSA revised the Draft SPDP EIS. The primary 
changes found in the Final SPDP EIS that resulted from public comments 
include clarification related to (1) pit and non-pit terminology and 
descriptions, (2) facility throughputs, (3) various plutonium 
disposition pathways NNSA had determined, and (4) assumptions used in 
technical calculations and analyses. In addition, NNSA included 
background information on plutonium and americium-241 in the Final SPDP 
EIS and updated radiological health information to address potential 
impacts to surrounding communities. NNSA provided responses to comments 
in Volume 3 of the Final SPDP EIS. Volume 3 includes a detailed 
description of the public comment process and copies of correspondence 
received on the Draft SPDP EIS. In addition to changes made in the 
Final SPDP EIS in response to public comments, NNSA also made changes 
to update the environmental baseline information, update analyses based 
on more recent information, correct inaccuracies, and to clarify text.
    NNSA invited 24 Native American groups with ties to the land on or 
in the vicinity of the SRS and LANL sites to participate in Government-
to-Government consultations and offered briefings on the Draft SPDP 
EIS. The initial meeting was held on December 6, 2022. The Pueblo de 
San Ildefonso requested an additional consultation meeting to discuss 
the program and potential impacts from the SPDP. The meeting with the 
San Ildefonso Pueblo leadership and attorneys was held on January 31, 
2023.

Comments on the Final Surplus Plutonium Disposition Program EIS

    NNSA posted the Final SPDP EIS on the NNSA NEPA Reading Room 
website (<a href="http://www.energy.gov/nnsa/nnsa-nepareading-room">www.energy.gov/nnsa/nnsa-nepareading-room</a>) and EPA published a 
NOA in the Federal Register (89 FR 3653, January 19, 2024). NNSA also 
published a NOA of the Final SPDP EIS in the Federal Register on 
January 19, 2024 (89 FR 3642). In response to these Notices, NNSA 
received three comment documents related to the Final SPDP EIS. NNSA 
considered each of the comments contained in these documents during the 
preparation of this ROD.

Decision

    NNSA has decided to implement the Preferred Alternative, Base 
Approach Sub-alternative, to continue the 34 MT surplus plutonium 
disposition mission. This decision changes the program of record for 
surplus plutonium disposition from the MOX Program to the dilute and 
dispose strategy. NNSA will continue to dismantle surplus pits and 
produce plutonium oxide in the Advanced Recovery and Integrated 
Extraction System (ARIES) facility at LANL. Because the MOX Program has 
been terminated, NNSA has decided to use existing and future 
inventories of plutonium oxide from the ARIES facility as feedstock for 
the dilute and dispose strategy. NNSA does not plan to expand the ARIES 
footprint at this time.
    Using the dilute and dispose strategy, NNSA will disassemble pits, 
convert pit and non-pit plutonium metal to oxide, and blend surplus 
plutonium in oxide form with an adulterant. The blended material will 
be compressed into a steel container (called the robust outer container 
(ROC)) for radiation control, then the ROC will be enclosed in a 
further container for contamination control. These ROC containers are 
then placed in overpacks and disposed of as defense-related CH-TRU 
waste underground at the WIPP facility.
    This decision will require the use of existing facilities at 
Pantex, LANL, SRS, Y-12, and WIPP, and completion and operation of the 
SPD Project at SRS. Implementation will involve (1) continued transfer 
of surplus pits from Pantex to LANL, (2) continued operation of the 
existing ARIES process at LANL to oxidize pit and non-pit plutonium, 
until a decision on the PDP Project is made, (3) transfer of plutonium 
oxide from LANL to SRS, (4) continued operation of existing dilution 
capability and operation of the Surplus Plutonium Disposition Project 
at SRS to dilute plutonium oxide, transferred from LANL or currently 
stored at SRS, with an adulterant, (5) characterization and packaging 
of defense-related CH-TRU waste and transfer to WIPP, and (6) disposal 
in the WIPP underground.
    Recently, NNSA announced a decision to replan the timeline for the 
Pit Disassembly and Processing (PDP) Project, delaying initiation of 
the PDP for approximately 10 years. Increased capacity for producing 
plutonium oxide, which NNSA evaluated as part of the Preferred 
Alternative in the SPDP EIS, will therefore be available later than 
originally planned, extending the timeline for the full 34 MT 
disposition mission. NNSA will determine whether it needs to prepare 
any additional NEPA analysis and complete that review prior to 
initiating any new facility to increase plutonium oxidation capacity.

Basis for Decision

    In 2003 (Amended ROD 68 FR 20134, Apr. 24, 2003), NNSA decided to 
use the MOX Program to disposition 34 MT of surplus plutonium. 
Construction on the Mixed Oxide Fuel Fabrication Facility (MFFF) at SRS 
began in 2008. In 2016, NNSA, partnering with the U.S. Army Corps of 
Engineers, developed an independent cost estimate for the 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

[[Page 28767]]

directed NNSA to prepare a lifecycle cost estimate for disposal of 
surplus plutonium using 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 Program. In response, the Secretary of Energy 
halted construction of the MFFF in May 2018 by waiving the requirement 
to use funds for MFFF construction as required by the National Defense 
Authorization Act of 2018. In a letter dated May 10, 2018, the 
Secretary of Energy certified ``that the remaining lifecycle cost for 
the dilute and dispose approach will be less than approximately half of 
the estimated remaining lifecycle cost of the MOX fuel program.'' In 
2018, NNSA terminated construction of the MFFF. In 2019, the U.S. 
Nuclear Regulatory Commission (NRC) terminated the construction license 
for MFFF. With the end of the MOX project there was no longer a 
disposition path for the 34 MT of surplus plutonium that had been 
designated for disposition as MOX fuel.
    The decision to use the dilute and dispose strategy for disposition 
of the 34 MT of surplus plutonium allows NNSA to make the maximum use 
of existing, proven technologies and operating facilities.
    Construction of the SPD Project will continue consistent with DOE's 
2016 decision (81 FR 19588). When it becomes operational, the project's 
three new gloveboxes for dilution will significantly increase 
throughput capacity. Other aspects of the SPD Program, including pit 
transfer from Pantex, ARIES operation at LANL, the capability to 
transfer plutonium oxide from LANL to SRS, dilution, assay, and 
shipment of resulting CH-TRU waste to WIPP for emplacement in the 
underground, are operational and require no upgrades or modifications 
to continue operations. This decision will result in continued progress 
toward the disposition of 34 MT of surplus plutonium while eliminating 
potential conflicts with ongoing construction projects and new missions 
within the nuclear security enterprise.
    After analyzing options for expanding a PDP capability at SRS or 
LANL and considering the current high volume of major construction 
projects across the nuclear security enterprise, NNSA has decided to 
revisit the initiation of the PDP capital line-item project. This will 
result in initiation of the PDP project in the mid-2030s rather than 
the mid-2020s. NNSA may re-evaluate this decision as conditions change 
in the nuclear security enterprise. In the meantime, NNSA will continue 
to dismantle surplus pits and produce plutonium oxide at LANL and 
remains fully committed to dispositioning 34 MT of surplus plutonium.
    The Surplus Plutonium Disposition line-item project execution at 
SRS will continue as planned and NNSA will continue to dilute and ship 
downblended plutonium as defense-related contact handled transuranic 
waste to the Waste Isolation Pilot Plant for permanent disposal. This 
decision will allow NNSA to focus on removal of material from South 
Carolina in alignment with the DOE-South Carolina Settlement Agreement.

Mitigation Measures

    Operations at each facility involved in the SPD Program would 
result in airborne emissions of various pollutants, including 
radionuclides, and organic and inorganic constituents. These emissions 
would continue to be controlled using Best Available Control Technology 
to ensure that emissions are compliant with applicable standards. 
Impacts would be controlled by use of glovebox confinement, packaging 
as applicable, and confinement and air filtration systems to remove 
radioactive particulates before discharging process exhaust air to the 
atmosphere. Occupational safety risks to workers would be limited by 
adherence to Federal and state laws, Occupational Safety and Health 
Administration regulations, NNSA requirements including regulations and 
orders, and plans and procedures for performing work. NNSA facility 
operations adhere to programs to ensure the reduction of human health 
and safety impacts. Workers are protected from specific hazards by use 
of engineering and administrative controls, use of personal protective 
equipment, and monitoring and training. Implementation of DOE's 
required Radiological Protection Program limits impacts by ensuring 
that radiological exposures and doses to all personnel are maintained 
As Low As Reasonably Achievable and by providing job specific 
instructions to the facility workers regarding the use of personal 
protective equipment.
    The Emergency Preparedness Program required for each site mitigates 
potential accident consequences by ensuring that appropriate 
organizations are available to respond to emergency situations and take 
appropriate actions to recover from accident events, while reducing the 
spread of contamination and protecting facility personnel and the 
public.

Signing Authority

    This document of the Department of Energy was signed on April 3, 
2024, by Jill Hruby, Under Secretary for Nuclear Security and 
Administrator, NNSA, 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 April 16, 2024.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2024-08390 Filed 4-18-24; 8:45 am]
BILLING CODE 6450-01-P


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