Notice of Intent To Prepare an Environmental Impact Statement for a Transuranic Waste Treatment Facility at Oak Ridge, TN

DEPARTMENT OF ENERGY

Notice of Intent To Prepare an Environmental Impact Statement for

a Transuranic Waste Treatment Facility at Oak Ridge, TN

AGENCY: Department of Energy.

ACTION: Notice of Intent.

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SUMMARY: The U. S. Department of Energy (DOE) intends to prepare an

Environmental Impact Statement (EIS) under the National Environmental

Policy Act (NEPA) and its implementing regulations on the proposed

construction, operation, and decontamination/decommissioning of a

Transuranic (TRU) Waste Treatment Facility at Oak Ridge, Tennessee. The

four types of TRU waste that would be treated at the facility are

remote-handled (RH)-TRU waste sludge, low-level radioactive waste

supernatant associated with the sludge, contact-handled (CH)-TRU/alpha

low-level radioactive waste solids, and RH-TRU/alpha low-level

radioactive waste solids. Because much of the waste displays Resource

Conservation and Recovery Act (RCRA) characteristics, the proposed

facility would be permitted under RCRA. All the waste DOE proposes to

treat currently is stored at Oak Ridge National Laboratory (ORNL) in

Oak Ridge, Tennessee. The proposed site for the treatment facility is

adjacent to the Melton Valley Storage Tanks, where the waste sludge and

supernatant are being stored.

DOE invites the public, organizations, and agencies to present oral

or written comments concerning the scope of the EIS, including the

issues the EIS should address and the alternatives it would analyze.

DATES: The public scoping period begins on the date of this publication

and continues until February 26, 1999. Written comments submitted by

mail should be postmarked by the closing date to ensure consideration.

Comments mailed after that date will be considered to the extent

practicable.

DOE will conduct public scoping meetings to assist in defining the

appropriate scope of the EIS and to identify significant environmental

issues to be addressed. These meetings will be held at the following

time(s) and location:

February 11, 1999, American Museum of Science and Energy, 300 South

Tulane Avenue, Oak Ridge, Tennessee 37830; Time: 6:30-9:30 p.m.

February 16, 1999, American Museum of Science and Energy, 300 South

Tulane Avenue, Oak Ridge, Tennessee 37830; Time: 6:30-9:30 p.m.

ADDRESSES: Please direct comments or suggestions on the scope of the

EIS, requests to speak at the public scoping meetings, requests for

special accommodations to enable participation at scoping meetings

(e.g., interpreter for the hearing-impaired), and questions concerning

the project to: Gary L. Riner, U.S. Department of Energy, Oak Ridge

Operations Office, P.O. Box 2001, Oak Ridge, Tennessee 37831,

telephone: (423) 241-3498, facsimile: (423) 576-5333, or e-mail

[email protected].

For general information on the DOE NEPA process, please 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. 20585-0119, telephone: (202) 586-4600 or leave a

message at (800) 472-2756.

SUPPLEMENTARY INFORMATION:

Background

Research and development activities supporting national defense and

energy initiatives have been performed at ORNL since its construction

in eastern Tennessee in 1943, generating radioactive and hazardous

waste legacies that now pose environmental concerns. Meeting the

cleanup challenges associated with legacy TRU waste is a high priority

for the DOE, Tennessee Department of Environment and Conservation

(TDEC), and stakeholders. The TRU waste treatment project at the ORNL

will be an important component of DOE cleanup efforts at the site.

TRU waste is radioactive waste that is not classified as high-level

radioactive waste and that contains more than 100 nanocuries per gram

of alpha-emitting transuranic (atomic numbers greater than 92) isotopes

with half-lives greater than 20 years. Alpha low-level radioactive

waste contains alpha-emitting transuranic isotopes with half-lives

greater than 20 years at concentrations less than 100 nanocuries per

gram.

The TRU waste to be treated also contains beta- and gamma-emitting

isotopes in addition to alpha-emitting isotopes, which result in its

classification as either CH (surface dose rate of 200 mrem/hr or less)

or RH (surface dose rate of greater than 200 mrem/hr).

Solid waste at ORNL is a heterogeneous mixture consisting of paper,

glass, rubber, cloth, plastic, and metal from glove boxes, fuel

processing, hot cells, and reactors. Solid waste is currently packaged

in metal boxes, drums and concrete overpacks, and stored in RCRA

permitted facilities. Most of the solid waste containers do not meet

current Department of Transportation regulations and would require

repackaging prior to shipment.

Based on generator records, the solid waste has been classified as

either TRU or alpha low-level radioactive waste. However, because the

nature of the solid waste can only be confirmed after retrieval and

characterization, solid wastes addressed in this Notice of Intent are

characterized as ``TRU/alpha low-level radioactive waste'' to note the

current uncertainty. The solid waste may contain RCRA characteristic

metals, but generator records do not indicate the presence of any RCRA

listed constituents. The supernatant, the liquid layer covering the

sludge in the tanks, is considered a low-level waste but is not

considered hazardous under the RCRA definitions.

Approximately 62 percent of the legacy TRU wastes are currently

stored in 50 year-old tanks. The remaining 38 percent of the legacy TRU

wastes are currently stored in subsurface trenches, vaults, and metal

buildings.

Approximate quantities of the four primary waste streams needing

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treatment are: 900 m \3\ of RH-TRU sludge, located in the tanks; 1600 m

\3\ of low-level supernatant, located in tanks; 550 m \3\ of RH-TRU

waste/alpha low-level radioactive waste solids in vaults and trenches;

and 1,000 m \3\ of CH-TRU waste/alpha low-level radioactive waste

solids in metal buildings.

Purpose and Need for Agency Action

The DOE needs to ensure the safe and efficient retrieval,

processing, certification, and disposition of legacy TRU waste at ORNL.

There are legal mandates for DOE to address TRU waste management needs.

DOE has been directed by the TDEC and the U. S. Environmental

Protection Agency (EPA) to address environmental issues including

disposal of its legacy TRU waste. DOE is under a Commissioner's Order

issued by the State of Tennessee (September 1995) to implement the Site

Treatment Plan, under the Federal Facility Compliance Act, that

mandates specific requirements for the processing and disposal of

ORNL's TRU waste. The primary milestone in the Commissioner's Order is

that DOE begin processing TRU sludge in order to make the first

shipment to the Waste Isolation Pilot Plant (WIPP) (a DOE transuranic

waste disposal facility) in New Mexico by January 2003. In addition,

two Records of Decision issued in connection with the Federal Facility

Agreement among EPA, TDEC, and DOE, under the Comprehensive

Environmental Response, Compensation, and Liability Act, mandate that

the waste from the Gunite and Associated Tanks Project (in Bethel

Valley) and the Old Hydrofracture Facility Tanks Project (in Melton

Valley) be processed and disposed of along with the TRU waste from the

Melton Valley Storage Tanks.

Waste retrieval operations are currently underway to prepare ORNL

TRU waste storage tanks for closure, and the waste removed from the

Bethel Valley tanks will be consolidated in the Melton Valley Storage

Tanks before processing. After processing, TRU waste must be certified

for shipment to and disposal at WIPP, and any low-level radioactive

waste resulting from TRU waste processing must be certified for

shipment to and disposal at the DOE site(s) to be selected in a Record

of Decision for the Waste Management Programmatic Environmental Impact

Statement for Managing Treatment, Storage, and Disposal of Radioactive

and Hazardous Waste (WM PEIS) (DOE/EIS-0200-F, May 1997). No facilities

for processing TRU/alpha low level radioactive waste exist at the Oak

Ridge Reservation.

Proposed Action and Alternatives

Proposed Action

Under the proposed action, a waste treatment facility for the ORNL

legacy TRU waste would be constructed, operated, and decontaminated/

decommissioned under a contract awarded to the Foster Wheeler

Environmental Corporation. Under the contract, the action would be

carried out in four phases: Phase I, Licensing and Permitting

(currently in process, includes DOE's NEPA analysis and contractor

design activities); Phase II, Construction and Pre-Operational Testing;

Phase III, Treatment and Packaging; Phase IV, Decontamination and

Decommissioning. If the current NEPA review results in the selection of

an alternative other than the proposed action, Phase II (Construction

and Pre-Operational Testing) of the contract would not be executed.

Waste volume reduction would be a major component of the processing in

order to minimize waste generation and costs and to conserve resources.

After processing, the waste would be certified for disposal as either

low-level radioactive, alpha low-level radioactive, or TRU waste, as

discussed above.

All activities associated with the proposed action must be

performed safely and in compliance with applicable Federal and state

regulatory requirements. Foster Wheeler Environmental Corporation would

be responsible for achieving compliance with all applicable

environmental, safety and health laws and regulations, and regulatory

agencies would be responsible for monitoring the Corporation's

compliance. The State of Tennessee and EPA would regulate the

Corporation according to permits under their purview. DOE would

regulate occupational safety and health and nuclear safety according to

specific environment, safety and health requirements.

DOE would lease the Melton Valley Storage Tanks, subject to

notification of EPA and the State of Tennessee, and an adjacent land

area totaling approximately 10 acres to Foster Wheeler Environmental

Corporation for construction of the facility. The Melton Valley Storage

Tanks are separate from ORNL's main plant area. The proposed treatment

facility would be fenced, with controlled access to Tennessee State

Highway 95.

Foster Wheeler Environmental Corporation has proposed a process of

evaporating and drying the sludges and supernatant that is flexible

enough to address a wide range of waste properties. The low temperature

treatment would reduce waste volume, generate additional waste as a

result of treatment, and meet specified waste acceptance criteria. To

ensure that the waste would meet RCRA Land Disposal Restrictions (LDR)

standards, additives that reduce the solubility of the RCRA metals in

the waste would be added to form stable compounds. The dried stabilized

sludge would pass the Toxic Characteristic Leaching Procedures and no

longer exhibit a RCRA characteristic. The relatively inexpensive

stabilization process could be easily performed during the overall

treatment process and would result in waste that meets the LDR

treatments standards and could be stored on site, if necessary, pending

disposal. The supernatant would be dried for final disposal at an

approved DOE low-level radioactive waste disposal site consistent with

a WM PEIS Record of Decision yet to be issued for low-level radioactive

waste. Segregation of the supernatant from the sludge would result in

significant life-cycle cost avoidance when compared to disposal at

WIPP.

The proposed action includes no treatment for the bulk of the solid

waste that is not regulated under RCRA other than repackaging with some

compaction to meet the 50% volume reduction required by the contract.

The solid waste would be better characterized during the repackaging

effort to achieve final waste form certification before disposal. RCRA

characteristic items would be isolated for macroencapsulation or other

processing techniques to comply with applicable RCRA LDRs. This would

ensure that alpha low-level radioactive waste would meet non-RCRA low-

level waste disposal requirements and comply with RCRA LDRs if interim

storage is required on site.

Alternatives

DOE will consider alternatives to the proposed action, such as

shipment of TRU wastes to other DOE sites for processing, alternative

technologies for sludge waste, and no action. Under a shipment

alternative, DOE would ship CH-TRU/alpha low-level and RH-TRU/alpha

low-level radioactive waste solids to other DOE site(s) for processing.

Most of the solid waste containers do not meet current Department of

Transportation regulations and would require repackaging prior to

shipment. After processing, the waste would be certified for disposal

as either low-level radioactive, alpha low-level radioactive, or TRU

waste and transported to appropriate disposal facilities. Under a

treatment alternative, DOE would process RH-TRU sludge waste and the

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low-level radioactive waste supernatant associated with the sludge by

using vitrification or grouting technology. This alternative would

include no treatment for the bulk of the solid waste that is not

regulated under RCRA other than repackaging with some compaction. The

solid waste would be better characterized during the repackaging effort

to achieve final waste form certification before disposal. RCRA

characteristic items would be isolated for macroencapsulation or other

processing techniques to comply with applicable RCRA LDRs. This would

ensure that alpha low-level radioactive waste would meet non-RCRA low-

level waste disposal requirements and comply with RCRA LDRs if interim

storage is required on site.

As required by the Council on Environmental Quality's (CEQ's)

Regulations for Implementing the Procedural Provisions of NEPA (40 CFR

Parts 1500-1508), a no action alternative will be evaluated. Under this

alternative, DOE would continue to store the TRU waste in tanks,

subsurface trenches, vaults, and metal buildings, as discussed in the

Background section, above.

Preliminary Environmental Analysis

DOE incorporated environmental information very early in the

project planning. Prior to selection of the contractor, DOE held two

public meetings with stakeholders, had ongoing discussions with

regulators, prepared a characterization report for the site of the

proposed action, and sponsored an independent study of treatment

technologies and contracting alternatives known as the Parallax study

(ORNL/M-4693, Feasibility Study for Processing ORNL TRU Waste in

Existing and Modified Facilities, September 15, 1995) (available in the

public reading rooms listed below). Bidders were required to submit

environmental data, and DOE prepared an environmental critique (under

10 CFR 1021.216) for consideration in the procurement process. A

synopsis of this critique has been filed with the EPA and made

available to the public.

NEPA Process

The EIS for the proposed project will be prepared according to the

National Environmental Policy Act of 1969, the CEQ NEPA regulations,

and DOE's NEPA Implementing Procedures (10 CFR Part 1021 ).

Through the NEPA process begun with this Notice of Intent, DOE will

continue to analyze environmental impacts and evaluate alternative

actions while Phase I of the awarded contract is underway. The EIS for

the proposed TRU waste treatment will incorporate pertinent analyses

performed as part of the DOE's WIPP Disposal Phase Supplemental

Environmental Impact Statement (DOE/EIS-0026-S-2, September, 1997) and

the WM PEIS. Processing the ORNL TRU waste in Oak Ridge is consistent

with the Records of Decision issued for management of the transuranic

waste for the aforementioned Environmental Impact Statements (63 FR

3624 and 3629, respectively, January 23, 1998). The disposal of low-

level radioactive waste included in this contract will be consistent

with the WM PEIS ROD for low-level waste that is yet to be issued.

The contract allows DOE and Foster Wheeler Environmental

Corporation to identify during Phase I other potential waste streams

for processing at this facility. Any such waste streams would be

considered in this EIS and subject to further NEPA review, as

appropriate.

Preliminary Identification of EIS Issues

DOE intends to address the following issues when assessing the

potential environmental impacts of the alternatives in this EIS. DOE

invites comment on these and any other issues that should be addressed

in the EIS.

--Potential effects on air, soil, and water quality from normal

operations and reasonably foreseeable accidents.

--Potential effects on the public, including minority and low-income

populations, and workers from exposure to radiological and hazardous

materials from normal operations and reasonably foreseeable accidents.

--Compliance with applicable Federal, state, and 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 socioeconomic impacts, including potential impacts

associated with the workforce needed for operations.

--Potential cumulative environmental impacts of past, present, and

reasonably foreseeable future operations, including impacts from using

the proposed facility for potential waste streams other than those

currently being proposed.

--Potential irreversible and irretrievable commitment or resources.

Related NEPA Reviews

Final Waste Management Programmatic Environmental Impact Statement

for Managing Treatment, Storage, and Disposal of Radioactive and

Hazardous Waste (DOE/EIS-0200-F, May 1997); Waste Isolation Pilot Plant

Disposal Phase Supplemental Environmental Impact Statement (DOE/EIS-

0026-S-2, September 1997); and Advanced Mixed Waste Treatment Project

at the Idaho National Engineering and Environmental Laboratory

Environmental Impact Statement (DOE/EIS-0290-F, to be issued January

1999).

Scoping Meetings

The purpose of this NOI is to encourage early public involvement in

the EIS process and to solicit public comments on the proposed scope of

the EIS, including the issues and alternatives it would analyze. DOE

plans to hold public scoping meetings in Oak Ridge to solicit both oral

and written comments from interested parties. See DATES and ADDRESSES,

above, for the times and locations of these meetings.

DOE will designate a presiding officer for the scoping meetings.

The scoping meetings will not be conducted as evidentiary hearings, and

there will be no questioning of the commentors.

However, DOE personnel may ask for clarification of statements to

ensure that they fully understand the comments and suggestions. The

presiding officer will establish the order of speakers. At the opening

of each meeting, the presiding officer will announce any additional

procedures necessary for the conduct of the meetings. If necessary to

ensure that all persons wishing to make a presentation are given the

opportunity, a five-minute limit may be applied for each speaker,

except for public officials and representatives of groups who would be

allotted ten minutes each. Comment cards will also be available for

those who would prefer to submit written comments.

DOE will make transcripts of the scoping meetings and other

environmental and project-related materials available for public review

in the following reading rooms:

U.S. Department of Energy, Freedom of Information Public Reading Room,

Forrestal Building, Room 1 E-190, 1000 Independence Avenue, SW,

Washington, DC 20585, Telephone: (202) 586-3142

U.S. Department of Energy, Oak Ridge Operations Office, 200

Administration Road, Room G-217, Oak Ridge, Tennessee 37831, Telephone:

(423) 241-4780.

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EIS Schedule

The draft EIS is scheduled to be published by August 1999. A 45-day

comment period on the draft EIS is planned, and public hearings to

receive comments will be held approximately one month after issuance.

Availability of the draft EIS, the dates of the public comment period,

and information about the public hearings will be announced in the

Federal Register and in the local news media.

The final EIS, which will incorporate public comments received on

the draft EIS, is scheduled for January 2000. A Record of Decision

would be issued no sooner than 30 days after a notice of availability

of the final EIS is published in the Federal Register.

Signed in Washington, DC, this 21st day of January 1999.

Peter N. Brush,

Principal Deputy Assistant Secretary Environment, Safety and Health.

[FR Doc. 99-1856 Filed 1-26-99; 8:45 am]

BILLING CODE 6450-01-P