83_FR_7499 83 FR 7464 - Notice of Intent To Prepare a Supplemental Environmental Impact Statement for Decommissioning and/or Long-Term Stewardship at the West Valley Demonstration Project and Western New York Nuclear Service Center, Notice of Floodplain and Wetlands Involvement, and Draft Scope

83 FR 7464 - Notice of Intent To Prepare a Supplemental Environmental Impact Statement for Decommissioning and/or Long-Term Stewardship at the West Valley Demonstration Project and Western New York Nuclear Service Center, Notice of Floodplain and Wetlands Involvement, and Draft Scope

DEPARTMENT OF ENERGY

Federal Register Volume 83, Issue 35 (February 21, 2018)

Page Range7464-7468
FR Document2018-03493

The U.S. Department of Energy (DOE) and the New York State Energy Research and Development Authority (NYSERDA) announce their intent to jointly prepare a Supplemental Environmental Impact Statement for Decommissioning and/or Long-Term Stewardship at the West Valley Demonstration Project and Western New York Nuclear Service Center (DOE/ EIS-0226-S1), hereinafter referred to as the Supplemental Environmental Impact Statement (SEIS) for the West Valley Site, and to conduct a public scoping process. The West Valley Site, for the purposes of this SEIS and associated documents, includes the DOE West Valley Demonstration Project (WVDP) or Project Premises, and the retained premises, which includes the Western New York Nuclear Service Center (WNYNSC), and the State-Licensed Disposal Area (SDA). In 2010, DOE and NYSERDA decided to implement the Phased Decision-making Alternative, which was the preferred alternative in the Final Environmental Impact Statement for Decommissioning and/or Long-Term Stewardship at the West Valley Demonstration Project and Western New York Nuclear Service Center (DOE/EIS-0226) (2010 Final EIS). With this Notice of intent and draft scope, DOE and NYSERDA are initiating the public scoping process for the SEIS and requesting comments to help define the environmental issues and the range of reasonable alternatives to be analyzed.

Federal Register, Volume 83 Issue 35 (Wednesday, February 21, 2018)
[Federal Register Volume 83, Number 35 (Wednesday, February 21, 2018)]
[Notices]
[Pages 7464-7468]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03493]


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DEPARTMENT OF ENERGY


Notice of Intent To Prepare a Supplemental Environmental Impact 
Statement for Decommissioning and/or Long-Term Stewardship at the West 
Valley Demonstration Project and Western New York Nuclear Service 
Center, Notice of Floodplain and Wetlands Involvement, and Draft Scope

AGENCY: New York State Energy Research and Development Authority, 
Department of Energy.

ACTION: Notice of intent and draft scope.

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SUMMARY: The U.S. Department of Energy (DOE) and the New York State 
Energy Research and Development Authority (NYSERDA) announce their 
intent to jointly prepare a Supplemental Environmental Impact Statement 
for Decommissioning and/or Long-Term Stewardship at the West Valley 
Demonstration Project and Western New York Nuclear Service Center (DOE/
EIS-0226-S1), hereinafter referred to as the Supplemental Environmental 
Impact Statement (SEIS) for the West Valley Site, and to conduct a 
public scoping process. The West Valley Site, for the purposes of this 
SEIS and associated documents, includes the DOE West Valley 
Demonstration Project (WVDP) or Project Premises, and the retained 
premises, which includes the Western New York Nuclear Service Center 
(WNYNSC), and the State-Licensed Disposal Area (SDA). In 2010, DOE and 
NYSERDA decided to implement the Phased Decision-making Alternative, 
which was the preferred alternative in the Final Environmental Impact 
Statement for Decommissioning and/or Long-Term Stewardship at the West 
Valley Demonstration Project and Western New York Nuclear Service 
Center (DOE/EIS-0226) (2010 Final EIS). With this Notice of intent and 
draft scope, DOE and NYSERDA are initiating the public scoping process 
for the SEIS and requesting comments to help define the environmental 
issues and the range of reasonable alternatives to be analyzed.

DATES: DOE and NYSERDA are inviting public comments on the scope and 
content of the SEIS for the West Valley Site during a public scoping 
period starting with the date of publication of this Notice and ending 
on April 23, 2018. Comments must be submitted during this time period 
to ensure consideration; late comments will be considered to the extent 
practicable. DOE and NYSERDA will hold public scoping meetings on the 
SEIS in West Valley, NY (March 19, 2018), in Buffalo, NY (March 20, 
2018), and in Irving, NY (March 21, 2018). Further information about 
the public scoping meetings is contained under SUPPLEMENTARY 
INFORMATION.

ADDRESSES: Written comments on the scope of the SEIS, requests to be 
placed on the SEIS mailing list, and requests for information may be 
submitted by U.S. mail to the DOE Document Manager, Mr. Martin Krentz, 
West Valley Demonstration Project, U.S. Department of Energy, 10282 
Rock Springs Road, AC-DOE, West Valley, New York 14171-9799, by email 
to SEISWestValleySite@emcbc.doe.gov, or via the SEIS website at 
www.SEISWestValleySite.com. Before including your address, phone 
number, email address, or other personal identifying information in 
your comment, please be advised that your entire comment--including 
your personal identifying information--may be made publicly available. 
If you wish for DOE to withhold your name and/or other personally 
identifiable information, please state this prominently at the 
beginning of your comment. You may also submit comments anonymously. 
The ``Public Reading Room'' section under SUPPLEMENTARY INFORMATION 
lists the address of the reading room where documents referenced herein 
are available. Documents and information about the SEIS process are 
also available online at the SEIS website at 
www.SEISWestValleySite.com.

FOR FURTHER INFORMATION CONTACT: For information regarding the West 
Valley Demonstration Project or the SEIS, contact Mr. Martin Krentz at 
the address given above; telephone: (716) 942-4007; or email: 
martin.krentz@emcbc.doe.gov. For general information on DOE's NEPA 
process, contact Mr. Brian Costner (GC-54), Acting Director, Office of 
NEPA Policy and Compliance, U.S. Department of Energy, 1000 
Independence Avenue SW, Washington, DC 20585; telephone: (202) 586-
4600; facsimile: (202) 586-7031; or leave a message at 1-800-472-2756, 
toll-free. Questions for NYSERDA should be directed to Dr. Lee Gordon, 
New York State Energy Research and Development Authority, 9030-B Route 
219, West Valley, New York 14171; telephone: (716) 942-9960, ext. 4963; 
facsimile: (716) 942-9961; or email: Lee.Gordon@nyserda.ny.gov. Those 
seeking general information on the SEQRA process should contact Ms. 
Janice Dean, Deputy Counsel, New York State Energy Research and 
Development Authority, 17 Columbia Circle, Albany, New York 12203-6399; 
telephone: (518) 862-1090, ext. 3117; facsimile: (518) 862-1091; or 
email: Janice.Dean@nyserda.ny.gov.

SUPPLEMENTARY INFORMATION: 

Background

    In 2010, DOE and NYSERDA decided to implement the Phased Decision-
making Alternative, which was the preferred alternative in the Final 
Environmental Impact Statement for Decommissioning and/or Long-Term 
Stewardship at the West Valley Demonstration Project and Western New 
York Nuclear Service Center (DOE/EIS-0226) (2010 Final EIS). The Phased 
Decision-making Alternative is described in the 2010 Final EIS, DOE's 
associated Record of Decision (ROD) (75 FR 20582; April 20, 2010), and 
NYSERDA's associated Findings Statement (May 12, 2010). During 
implementation of Phase 1 of the Phased Decision-making Alternative, 
which is ongoing, a number of highly contaminated facilities at the 
West Valley Site are being removed via decontamination and demolition 
and off-site disposal. The Phased Decision-making Alternative deferred 
decisions (known as Phase 2 decisions) on several facilities for 10 
years (the expected time frame to complete Phase 1 decommissioning 
activities) while DOE and NYSERDA gather additional information and 
perform additional analyses (Phase 1 Studies) to foster inter-agency 
consensus and inform the decisions. DOE and NYSERDA intend to make 
Phase 2 decisions in 2022 on the disposition of the facilities and 
areas that would remain after completion of Phase 1 decommissioning. 
The remaining facilities include the Waste Tank Farm, U.S. Nuclear 
Regulatory Commission (NRC)-Licensed Disposal Area (NDA), non-source 
area of the North Plateau Groundwater Plume, Construction and 
Demolition Debris Landfill, Cesium Prong, contaminated stream 
sediments, balance of the WNYNSC property, and SDA.
    DOE and NYSERDA intend to jointly prepare an SEIS to inform Phase 2 
decision-making for the West Valley Site. The SEIS process will be 
structured to meet DOE and NYSERDA's respective environmental review 
responsibilities under the National Environmental Policy Act (NEPA, 42 
U.S.C. 4321 et seq.) and the New York

[[Page 7465]]

State Environmental Quality Review Act (SEQRA, N.Y. Env. Conserv. Law 
Sec.  8-0101 et seq.), the West Valley Demonstration Project Act of 
1980 (Pub. L. 96-368) (WVDP Act), the Atomic Energy Act of 1954 (as 
amended) (AEA), and other applicable Federal and state requirements. 
The SEIS will be prepared in accordance with regulations of the Council 
on Environmental Quality for implementing NEPA (40 CFR parts 1500-
1508), DOE's NEPA Implementing Procedures (10 CFR part 1021), and State 
of New York regulations for implementing SEQRA (6 NYCRR Part 617).
    The WNYNSC is a 1,351-hectare (3,338-acre) site located 48 
kilometers (30 miles) south of Buffalo, NY, and owned by NYSERDA. In 
1962, Nuclear Fuel Services, Inc. (``NFS'') entered into Agreements 
with the Atomic Energy Commission and New York State to construct the 
first commercial reprocessing plant of nuclear fuel in the United 
States. NFS, a private company, built and operated the fuel 
reprocessing plant and burial grounds, processing 640 metric tons of 
spent nuclear fuel at the WNYNSC from 1966 to 1972 under an Atomic 
Energy Commission license. Fuel reprocessing ended in 1972, when the 
plant was shut down for modifications. In 1976, in view of increased 
costs and regulatory requirements, NFS decided to exercise its 
contractual right to yield responsibility for the WNYNSC to the State 
of New York. NFS withdrew without removing any of the in-process 
nuclear wastes. NYSERDA now holds title to and manages the WNYNSC.
    In 1980, Congress passed the WVDP Act, Public Law 96-368. The WVDP 
Act requires DOE to demonstrate that the liquid high-level radioactive 
waste from reprocessing could be safely managed by solidifying it at 
the WNYNSC and transporting it to a Federal repository for permanent 
disposal. Specifically, Section 2(a) of the WVDP Act directs DOE to 
take the following actions:
    1. Solidify, in a form suitable for transportation and disposal, 
the high-level radioactive waste at the WNYNSC;
    2. Develop containers suitable for the high-level radioactive 
waste's permanent disposal;
    3. As soon as feasible, transport the solidified waste to a Federal 
repository for permanent disposal;
    4. Dispose of low-level radioactive waste and transuranic waste 
produced by the solidification of the high-level radioactive waste; and
    5. Decontaminate and decommission the tanks and other facilities 
used at the WNYNSC in which the high-level radioactive waste was 
solidified, the facilities used in the waste's solidification, and any 
material and hardware used in connection with the West Valley 
Demonstration Project.
    Pursuant to the WVDP Act, on October 1, 1980, DOE and NYSERDA 
entered into a Cooperative Agreement (amended September 18, 1981) that 
established a framework for the implementation of the WVDP. Under the 
agreement, NYSERDA has made available to DOE, without transfer of 
title, a 68-hectare (167-acre) area known as the Project Premises, 
which includes the formerly operated spent nuclear fuel reprocessing 
plant, spent nuclear fuel receiving and storage area, underground 
liquid high-level waste storage tanks, and a liquid low-level waste 
treatment facility with associated lagoons, as well as other 
facilities. Most of the facilities on the Project Premises were 
radioactively contaminated from reprocessing operations and are located 
on a geographic area known as the North Plateau. Among the other 
facilities located within the Project Premises is a radioactive waste 
disposal area known as the NRC-licensed disposal area (NDA). Adjacent 
to the Project Premises is a radioactive waste disposal area known as 
the State-Licensed Disposal Area (SDA), for which NYSERDA has 
operational responsibility. Both the NDA and SDA are located on a 
geographic area known as the South Plateau.
    In 1982, DOE assumed control, but not ownership, of the Project 
Premises to conduct the WVDP, as required under the WVDP Act. As part 
of the WVDP Act, NRC was charged with developing decommissioning 
criteria. In the ``Decommissioning Criteria for the WVDP at the West 
Valley Site; Final Policy Statement'' (NRC Policy Statement) (67 FR 
5003; February 1, 2002), NRC prescribed the requirements for 
decommissioning the WVDP. NRC prescribed its License Termination Rule 
as the decommissioning goal for the WVDP and all NRC-licensed portions 
of the WNYNSC. The decommissioning criteria define the conditions that 
would allow the Project Premises to be used with specified restrictions 
or without restrictions on future use. If those conditions cannot be 
met, the NRC Policy Statement also defines the circumstances under 
which sections of the Project Premises could remain under long-term 
management or stewardship. NRC intends to use the SEIS to evaluate the 
environmental impacts of the various alternatives before deciding 
whether to accept the preferred alternative as meeting the criteria 
permitted by the License Termination Rule. NRC has placed the Technical 
Specifications of NYSERDA's license under the NRC regulations at Title 
10 of the Code of Federal Regulations Part 50 in abeyance during DOE's 
fulfillment of its WVDP Act requirements.
    A 1987 Stipulation of Compromise between the Coalition on West 
Valley Nuclear Wastes and DOE specified that a closure environmental 
impact statement (EIS) be prepared that also addresses the disposal of 
those Class B and C low-level radioactive wastes generated as a result 
of DOE's activities at the WVDP. In 1990, DOE and NYSERDA entered into 
a supplemental agreement to prepare an EIS to address both the 
completion of the WVDP and closure or long-term management of the 
WNYNSC.
    After issuance of a draft EIS in 1996, DOE and NYSERDA in 2001 
announced a revised EIS strategy. Under the revised strategy, DOE and 
NYSERDA, as co-lead preparers, issued a draft EIS in 2008 and, in 2010, 
issued the Final Environmental Impact Statement for Decommissioning 
and/or Long-Term Stewardship at the West Valley Demonstration Project 
and Western New York Nuclear Service Center (DOE/EIS-0226) (2010 FEIS). 
As described in DOE's 2010 ROD and NYSERDA's 2010 Findings Statement, 
DOE and NYSERDA decided to implement the Phased Decision-making 
Alternative based on information and analyses contained in the 2010 
FEIS. During implementation of Phase 1 of the Phased Decision-making 
Alternative, which is ongoing, a number of highly contaminated 
facilities at the West Valley Site are being removed via 
decontamination and demolition and off-site disposal. The Phased 
Decision-making Alternative deferred decisions (known as Phase 2 
decisions) on several facilities for up to 10 years (the expected time 
frame to complete Phase 1 decommissioning activities) while DOE and 
NYSERDA gather additional information and perform additional analyses 
(Phase 1 Studies) to foster interagency consensus and better inform the 
Phase 2 decisions. DOE and NYSERDA plan to make Phase 2 decisions in 
2022 on the disposition of the facilities and areas that would remain 
after completion of Phase 1 decommissioning. The remaining facilities 
and areas include the Waste Tank Farm, NDA, non-source area of the 
North Plateau Groundwater Plume, Construction and Demolition Debris 
Landfill, Cesium Prong, contaminated stream sediments, balance of the 
WNYNSC property, and SDA.
    DOE and NYSERDA have determined that the preparation of an SEIS 
would further the purposes of NEPA by

[[Page 7466]]

including new information and changes since issuance of the 2010 Final 
EIS, and is consistent with the commitment in the 2010 ROD and Findings 
Statement to providing robust and meaningful opportunities for public 
participation during decommissioning. Preparation of an SEIS for the 
West Valley Site would also further the purposes of SEQRA, the WVDP 
Act, the AEA, and other applicable Federal and state requirements. 
Phase 2 decisions will be informed by the Phase 1 and other scientific 
studies being performed at the West Valley Site, a long-term 
probabilistic performance assessment, and an SEIS that will incorporate 
the above analyses as part of the evaluation of the potential 
environmental impacts of the range of reasonable Phase 2 alternatives 
proposed for the West Valley Site. The SEIS will ``tier'' (40 CFR 
1502.20) from the 2010 FEIS, and, where appropriate, information and 
analyses from the 2010 Final EIS will be summarized and incorporated by 
reference in the SEIS. The SEIS will contain new information and 
analyses to ensure its adequacy for Phase 2 decision-making.
    Following the 2010 FEIS, DOE and NYSERDA established a process for 
conducting scientific studies (the Phase 1 Studies) in order to 
facilitate interagency consensus to complete decommissioning of the 
remaining facilities. Subject-matter expert working groups were 
established and studies conducted on topics such as erosion modeling, 
the geomorphic history of the site, geologic material properties, site 
radiological inventory, and precedent waste exhumation projects/
technologies. The new information produced by these Phase 1 Studies 
will inform the Phase 2 decisions.
    Additionally, in order to further evaluate and potentially reduce 
uncertainty in the long-term performance assessment, DOE and NYSERDA 
decided to perform a long-term probabilistic performance assessment 
(PPA) for the West Valley Site. The PPA model is currently being 
developed in the GoldSim probabilistic modeling platform and will be 
supported by several process-level models, including a surface water/
sediment transport model, a three-dimensional groundwater flow model, 
and an erosion model. The PPA will be used to evaluate the range of 
alternatives in the SEIS. As such, the new information developed by the 
PPA and component models will inform the Phase 2 decisions.
    The Supplemental Environmental Impact Statement for the West Valley 
Site (DOE/EIS-0226-S1) (SEIS) will further the purposes of NEPA by 
incorporating the new information produced by the Phase 1 Studies, 
other scientific studies being performed at the West Valley Site, and 
the PPA as part of the evaluation of the potential environmental 
impacts of the Phase 2 alternatives.

Purpose and Need for Agency Action

    DOE is required by the WVDP Act to decontaminate and decommission 
the tanks and facilities used in the solidification of the high-level 
waste, and any material and hardware used in connection with the WVDP, 
in accordance with such requirements as NRC may prescribe. NRC has 
prescribed its License Termination Rule as the decommissioning criteria 
for the WVDP. Therefore, DOE needs to determine the manner that 
facilities, materials, and hardware for which the Department is 
responsible are managed or decommissioned, in accordance with NRC's 
License Termination Rule and applicable Federal and state requirements. 
To this end, DOE needs to determine what, if any, material or 
structures for which it is responsible that were not addressed in Phase 
1 (i.e., Phase 2 facilities) will remain on site, and what, if any, 
institutional controls, engineered barriers, or stewardship provisions 
would be needed. That is, DOE needs to determine what it needs to do to 
complete the WVDP and return the Project Premises to NYSERDA.
    NYSERDA needs to determine the manner that Phase 2 facilities and 
property for which NYSERDA is responsible, including the SDA, will be 
managed or decommissioned, in accordance with applicable Federal and 
state requirements. To this end, NYSERDA needs to determine what, if 
any, material or structures for which it is responsible will remain on 
site, and what, if any, institutional controls, engineered barriers, or 
stewardship provisions would be needed. It is NYSERDA's intent to 
pursue termination of the existing 10 CFR part 50 license for the 
WNYNSC upon DOE's completion of decontamination and decommissioning 
under the WVDP Act in accordance with criteria prescribed by NRC. 
NYSERDA plans to use the analysis of alternatives in the SEIS for the 
West Valley Site to support any necessary NRC or New York State 
Department of Environmental Conservation (NYSDEC) license or permit 
applications.

Proposed Action

    The Proposed Action is the WVDP's completion and the 
decommissioning and/or long-term management or stewardship of the 
WNYNSC and SDA. This includes the decontamination and decommissioning 
of the facilities remaining at the West Valley Site after completion of 
Phase 1 decommissioning.

Alternatives

    The SEIS will examine the range of reasonable Phase 2 alternatives 
(i.e., the alternatives that meet DOE's and NYSERDA's respective 
purpose and need for action) and their potential environmental impacts. 
The SEIS will also analyze the No Action Alternative, as required by 
NEPA and SEQRA.
    As specified in NRC's Final Policy Statement, DOE and NYSERDA 
intend to use NRC's License Termination Rule as the framework to 
evaluate alternatives for decommissioning and/or long-term stewardship 
actions involving West Valley Site facilities.
    The range of reasonable alternatives encompasses those involving 
release of West Valley Site facilities and areas for re-use under 
unrestricted and restricted conditions as allowed under the License 
Termination Rule. Accordingly, the SEIS will evaluate whether the 
alternatives would meet the NRC decommissioning criteria and other 
applicable requirements. This evaluation will include analysis of the 
long-term radiological dose impacts of the Phase 2 alternatives for the 
facilities and areas on the West Valley Site. DOE and NYSERDA will 
consider this information as it is being developed in determining 
details of the alternatives to be analyzed in the SEIS. This process 
for alternatives development will help ensure that the range of 
alternatives is adequate and provides a sound basis for informed 
decision-making.
    Specific action alternatives proposed for analysis in the SEIS 
include the Sitewide Close-in-Place Alternative and the Sitewide 
Removal Alternative (described below). Conceptually, these alternatives 
represent the ends of the spectrum of action alternatives from the 
perspective of onsite and offsite management of facilities and 
contaminants, and the associated amount of area for which unrestricted 
versus restricted future land use would be appropriate. In developing 
these primary alternatives, DOE and NYSERDA will explore alternative 
ways to implement them, which would be presented under the primary 
alternatives as implementing options. In addition, DOE and NYSERDA will 
explore mitigation measures to avoid or reduce potential environmental 
impacts of the alternatives and implementing options. These mitigation 
measures could include institutional controls,

[[Page 7467]]

license and or permit terms/controls and other administrative controls 
(e.g. deed restrictions), robust engineered closure controls (e.g. 
multi-layer caps, grouts, etc.), robust erosion control structures, 
and/or additional removal of radiological inventory.
    In addition to these primary alternatives and their associated 
implementing options, analysis of at least two ``hybrid'' alternatives 
is planned. Conceptually, the hybrid alternatives would represent 
points along the middle of the alternatives spectrum between the 
Sitewide Close-in-Place Alternative and the Sitewide Removal 
Alternative, with elements of each. To that end, DOE and NYSERDA will 
consider preliminary information from the PPA as it is developed to 
inform the development of these alternatives.
    The alternatives and associated environmental analyses will be 
structured so that decisions based on the SEIS need not be limited only 
to a specific set of elements that happen to define a particular 
alternative. Rather, decision-makers could ultimately select an 
alternative comprised of elements of one or more of the primary 
(including hybrid) alternatives and their associated implementing 
options.
    DOE and NYSERDA invite comments on this approach. Comments are also 
invited on the potential scope of the hybrid alternatives, including 
the specific elements, facilities, and areas that should be included.

Preliminary Description of Alternatives

Sitewide Close-in-Place Alternative

    Under this alternative, most Phase 2 facilities would be closed in 
place. Major facilities and sources of contamination such as the Waste 
Tank Farm, NDA, and SDA would be managed at their current locations. 
Residual radioactivity in facilities with larger inventories of long-
lived radionuclides would be isolated by specially engineered designed 
structures and barriers. These structures and barriers would be 
designed to meet regulatory requirements to retain hazardous and 
radioactive constituents to ensure they would be resistant to long-term 
degradation and include features to discourage inadvertent intrusion 
into the material left on site. Structures that would interfere with 
the construction of these barriers would be removed (e.g., the 
Supernatant Treatment System Support Building). Facilities with lesser 
amounts of contamination (e.g., the North Plateau Groundwater Plume, 
the Cesium Prong) would be allowed to naturally attenuate. This 
approach would allow large areas of the WNYNSC to be released for 
unrestricted use. Facilities that are closed in place, and any buffer 
areas around them, as well as facilities that are allowed to naturally 
attenuate, would require long-term stewardship.

Sitewide Removal Alternative

    Under this alternative, site facilities, contaminated soil, 
sediment, and groundwater would be removed to meet criteria that would 
allow unrestricted release of the WNYNSC. Radioactive, hazardous, and 
mixed waste would be characterized, packaged, and shipped off site for 
disposal. Immediate implementation of this alternative would require 
the disposition of waste for which there is currently no offsite 
disposal location (e.g., potential non-defense transuranic waste and 
Greater-Than-Class C low-level radioactive waste). Any such ``orphan 
waste'' would be stored on site until an appropriate offsite facility 
is available. Completion of these activities would allow unrestricted 
use of the site (i.e., the site could be made available for any public 
or private use).

Hybrid Alternatives

    Analysis of at least two hybrid alternatives is planned. The hybrid 
alternatives could contain elements of any or all of the other 
alternatives. For example, a hybrid alternative might include complete 
or partial removal of certain facilities and close-in-place for the 
remaining facilities. Additionally, these actions could occur 
immediately or after a safe-storage period. The results of the PPA will 
be used to determine which facilities should be removed and which to 
close-in-place. For example, if the PPA shows that a particular 
radionuclide from a particular facility dominates the long-term dose/
risk estimate, then one hybrid alternative might be the removal of the 
material containing that radionuclide from that facility and closure in 
place of the remaining facilities. Depending on the facility and the 
amount of material to be removed, the approach for implementing the 
partial removal of material from a facility under the hybrid 
alternative may differ from the approach presented for the Sitewide 
Removal Alternative.

No Action Alternative

    Under the No Action Alternative, Phase 1 decommissioning actions 
would be completed, but no further actions toward decommissioning the 
West Valley Site would be taken. The No Action Alternative would 
involve the continued management and oversight of West Valley Site 
facilities. The site would continue to be monitored and maintained for 
the foreseeable future, as required by Federal and state regulations, 
to protect the health and safety of workers, the public, and the 
environment. Additionally, periodic maintenance activities (e.g., 
replacing permeable treatment wall media, replacing landfill 
geomembranes) would continue during an assumed period of active 
institutional controls until, for purposes of analysis only, controls 
are assumed to become ineffective. The No Action Alternative would not 
meet the purpose and need for agency action, but analysis of the No 
Action Alternative is required under NEPA and SEQRA to provide a 
baseline against which the environmental impacts from the other 
analyzed alternatives can be compared.
    DOE and NYSERDA plan to identify a preferred alternative in the 
Draft SEIS.

Potential Environmental Issues for Analysis and Potentially Significant 
Adverse Impacts

    DOE and NYSERDA have tentatively identified the following potential 
environmental issues and potentially significant adverse impacts that 
will be analyzed in the SEIS. The list is presented to facilitate early 
comment on the scope of the SEIS. It is not intended to be all-
inclusive nor to predetermine the alternatives to be analyzed or their 
potential impacts.

Potential Environmental Issues for Analysis

     Issues associated with long-term site stewardship, 
including duration and costs of stewardship, regulatory and engineering 
considerations, institutional controls, and land use restrictions, 
including the need for buffer areas.
     Ability of alternatives to satisfy the NRC LTR 
decommissioning criteria for the WVDP.
     Ability of alternatives to meet the Comprehensive 
Environmental Response, Compensation and Liability Act risk range.
     Compliance with applicable Federal, state, and local 
requirements.
     Identification of Derived Concentration Guideline Limits 
and other relevant clean-up concentrations, where appropriate.
     The influence of, and potential interactions of, any 
wastes remaining at the West Valley Site after decommissioning.
     Long-term site stability, including seismicity and 
erosion, based upon available data on the likelihood of future weather 
events.
     Issues associated with Waste Incidental to Reprocessing.

[[Page 7468]]

     Irretrievable and irreversible commitment of resources.

Potentially Significant Adverse Impacts

     Impacts to the general population and onsite workers from 
radiological and non-radiological releases from decommissioning and/or 
long-term stewardship activities. Transportation impacts from shipments 
of radioactive, hazardous, mixed, and clean waste generated during 
decommissioning activities.
     Impacts to the general population and onsite workers from 
radiological and non-radiological releases at radiological and non-
radiological waste disposal sites receiving waste generated during site 
decommissioning and/or long-term stewardship activities.
     Impacts from postulated accidents.
     Disproportionately high and adverse effects on low-income 
and minority populations (environmental justice).
     Socioeconomic impacts to local communities.
     Areas of concern to the Seneca Nation of Indians related 
to culturally-specific considerations.
     Short-term and long-term land use impacts.
     Short-term and long-term environmental impacts, including 
air and water quality, from decommissioning and/or long-term 
stewardship activities.
     Impacts to floodplains and wetlands (the SEIS will contain 
an assessment of potential floodplain and wetland impacts in accordance 
with DOE requirements (10 CFR part 1022)).
     Impacts to groundwater quality.
     Impacts on threatened and endangered species.

Other Agency Involvement

    DOE and NYSERDA invite Federal, state, and local agencies with 
jurisdiction by law or special expertise to participate in the SEIS as 
cooperating or involved agencies. At this time, the U.S. Environmental 
Protection Agency (EPA), NRC, and NYSDEC will participate as 
cooperating agencies under NEPA. NYSDEC and NYSDOH will also 
participate as involved agencies under SEQRA with respect to NYSERDA's 
proposed actions.

Public Scoping Process

    The purpose of scoping is to encourage public involvement and to 
solicit public comments on the proposed scope of the SEIS. DOE and 
NYSERDA invite interested parties to participate in the scoping process 
to help identify the range of reasonable alternatives and the 
environmental issues to be analyzed. Written comments may be provided 
by any of the means described under ADDRESSES, or orally at public 
scoping meetings. Both oral and written comments will be considered and 
given equal weight by DOE and NYSERDA regardless of how submitted. 
Comments must be provided by April 23, 2018, to ensure consideration in 
preparation of the Draft SEIS. DOE and NYSERDA will consider late 
comments to the extent practicable.
    DOE and NYSERDA will hold three public scoping meetings on the West 
Valley SEIS on the following dates:
     Monday, March 19, 2018, from 6:00 p.m. to 9:30 p.m. at the 
West Valley Volunteer Hose Company, Inc., Firemen's Memorial Hall and 
Training, 9091 Route 240, West Valley, NY 14171, in the Main Hall.
     Tuesday, March 20, 2018, from 6:00 p.m. to 9:30 p.m. at 
Erie Community College, City Campus, Post Office Building, 121 Ellicott 
Street, Buffalo, NY 14203, in the Minnie Gillette Auditorium.
     Wednesday, March 21, 2018, from 6:00 p.m. to 9:30 p.m. at 
the Cattaraugus Council Chambers, 12837 Route 438, Irving, NY 14081.
    Further information about these meetings is available on the SEIS 
website at www.SEISWestValleySite.com and will be announced in the 
local media.
    Requests to speak at the public meeting should be made to the DOE 
Document Manager (see ADDRESSES).
    Speakers will be scheduled on a first-come, first-served basis. 
Individuals may sign up at the door to speak and will be accommodated 
as time permits. Written comments will also be accepted at the meeting. 
Speakers are encouraged to provide written versions of their oral 
comments for the record.
    The meetings will be facilitated by a moderator. Time will be 
provided for meeting attendees to ask clarifying questions. Individuals 
requesting to speak on behalf of an organization must identify the 
organization. Each speaker will be allowed five minutes to present 
comments unless more time is requested and available. Comments will be 
recorded by a court reporter and will become part of the scoping 
meeting record.

SEIS Process and Schedule

    DOE and NYSERDA will consider comments received during the public 
scoping period in defining the alternatives and issues to be analyzed 
in detail in the Draft SEIS, which is planned for issuance by the end 
of 2020. After the document is distributed to the public, EPA will 
publish a notice of availability of the Draft SEIS in the Federal 
Register, and NYSERDA will publish notice of availability in the State 
Environmental Notice Bulletin, which will begin a 6-month public 
comment period. DOE and NYSERDA will announce how to comment on the 
Draft SEIS and will hold at least three public hearings during the 
public comment period, but no sooner than 15 days after EPA's notice of 
availability and NYSERDA's notice are published. In preparing the Final 
SEIS, which is planned for issuance in 2022, DOE and NYSERDA will 
respond to comments received on the Draft SEIS. DOE may issue its ROD 
no sooner than 30 days after EPA publishes a notice of availability of 
the Final SEIS. NYSERDA Findings and Decisions can be made no sooner 
than 10 days after the Notice of Completion of the Final SEIS is 
published. DOE and NYSERDA intend to complete the SEIS process to 
inform Phase 2 decisions in 2022.
    Notice of Floodplain and Wetland Involvement: Because the proposed 
project may involve actions in floodplains and wetlands, in accordance 
with DOE's 10 CFR part 1022, the Draft SEIS will include a floodplain 
and wetland assessment, and, as appropriate, the Final SEIS or ROD will 
include a floodplain statement of findings.

Public Reading Room

    Documents referenced in this Notice of Intent and Draft Scope and 
related information are available online at www.SEISWestValleySite.com 
and at the Ashford Community and Training Center, 9377 NY-240, West 
Valley, New York 14171, (716) 942-6016.

    Signed in Washington, DC, this 14th day of February, 2018.
James M. Owendoff,
Acting Assistant Secretary for Environmental Management, Department of 
Energy.
[FR Doc. 2018-03493 Filed 2-20-18; 8:45 am]
 BILLING CODE 6450-01-P



                                               7464                      Federal Register / Vol. 83, No. 35 / Wednesday, February 21, 2018 / Notices

                                                 Issued in Washington, DC on February 14,              this Notice and ending on April 23,                   (716) 942–9961; or email: Lee.Gordon@
                                               2018.                                                   2018. Comments must be submitted                      nyserda.ny.gov. Those seeking general
                                               LaTanya R. Butler,                                      during this time period to ensure                     information on the SEQRA process
                                               Deputy Committee Management Officer.                    consideration; late comments will be                  should contact Ms. Janice Dean, Deputy
                                               [FR Doc. 2018–03483 Filed 2–20–18; 8:45 am]             considered to the extent practicable.                 Counsel, New York State Energy
                                               BILLING CODE 6450–01–P                                  DOE and NYSERDA will hold public                      Research and Development Authority,
                                                                                                       scoping meetings on the SEIS in West                  17 Columbia Circle, Albany, New York
                                                                                                       Valley, NY (March 19, 2018), in Buffalo,              12203–6399; telephone: (518) 862–1090,
                                               DEPARTMENT OF ENERGY                                    NY (March 20, 2018), and in Irving, NY                ext. 3117; facsimile: (518) 862–1091; or
                                                                                                       (March 21, 2018). Further information                 email: Janice.Dean@nyserda.ny.gov.
                                               Notice of Intent To Prepare a                           about the public scoping meetings is                  SUPPLEMENTARY INFORMATION:
                                               Supplemental Environmental Impact                       contained under SUPPLEMENTARY
                                               Statement for Decommissioning and/or                    INFORMATION.                                          Background
                                               Long-Term Stewardship at the West
                                                                                                       ADDRESSES: Written comments on the                       In 2010, DOE and NYSERDA decided
                                               Valley Demonstration Project and
                                                                                                       scope of the SEIS, requests to be placed              to implement the Phased Decision-
                                               Western New York Nuclear Service
                                                                                                       on the SEIS mailing list, and requests                making Alternative, which was the
                                               Center, Notice of Floodplain and
                                                                                                       for information may be submitted by                   preferred alternative in the Final
                                               Wetlands Involvement, and Draft
                                                                                                       U.S. mail to the DOE Document                         Environmental Impact Statement for
                                               Scope
                                                                                                       Manager, Mr. Martin Krentz, West                      Decommissioning and/or Long-Term
                                               AGENCY: New York State Energy                           Valley Demonstration Project, U.S.                    Stewardship at the West Valley
                                               Research and Development Authority,                     Department of Energy, 10282 Rock                      Demonstration Project and Western New
                                               Department of Energy.                                   Springs Road, AC–DOE, West Valley,                    York Nuclear Service Center (DOE/EIS–
                                               ACTION: Notice of intent and draft scope.               New York 14171–9799, by email to                      0226) (2010 Final EIS). The Phased
                                                                                                       SEISWestValleySite@emcbc.doe.gov, or                  Decision-making Alternative is
                                               SUMMARY:    The U.S. Department of                      via the SEIS website at                               described in the 2010 Final EIS, DOE’s
                                               Energy (DOE) and the New York State                     www.SEISWestValleySite.com. Before                    associated Record of Decision (ROD) (75
                                               Energy Research and Development                         including your address, phone number,                 FR 20582; April 20, 2010), and
                                               Authority (NYSERDA) announce their                      email address, or other personal                      NYSERDA’s associated Findings
                                               intent to jointly prepare a Supplemental                identifying information in your                       Statement (May 12, 2010). During
                                               Environmental Impact Statement for                      comment, please be advised that your                  implementation of Phase 1 of the
                                               Decommissioning and/or Long-Term                        entire comment—including your                         Phased Decision-making Alternative,
                                               Stewardship at the West Valley                          personal identifying information—may                  which is ongoing, a number of highly
                                               Demonstration Project and Western New                   be made publicly available. If you wish               contaminated facilities at the West
                                               York Nuclear Service Center (DOE/EIS–                   for DOE to withhold your name and/or                  Valley Site are being removed via
                                               0226–S1), hereinafter referred to as the                other personally identifiable                         decontamination and demolition and
                                               Supplemental Environmental Impact                       information, please state this                        off-site disposal. The Phased Decision-
                                               Statement (SEIS) for the West Valley                    prominently at the beginning of your                  making Alternative deferred decisions
                                               Site, and to conduct a public scoping                   comment. You may also submit                          (known as Phase 2 decisions) on several
                                               process. The West Valley Site, for the                  comments anonymously. The ‘‘Public                    facilities for 10 years (the expected time
                                               purposes of this SEIS and associated                    Reading Room’’ section under                          frame to complete Phase 1
                                               documents, includes the DOE West                        SUPPLEMENTARY INFORMATION lists the                   decommissioning activities) while DOE
                                               Valley Demonstration Project (WVDP) or                  address of the reading room where                     and NYSERDA gather additional
                                               Project Premises, and the retained                      documents referenced herein are                       information and perform additional
                                               premises, which includes the Western                    available. Documents and information                  analyses (Phase 1 Studies) to foster
                                               New York Nuclear Service Center                         about the SEIS process are also available             inter-agency consensus and inform the
                                               (WNYNSC), and the State-Licensed                        online at the SEIS website at                         decisions. DOE and NYSERDA intend to
                                               Disposal Area (SDA). In 2010, DOE and                   www.SEISWestValleySite.com.                           make Phase 2 decisions in 2022 on the
                                               NYSERDA decided to implement the                        FOR FURTHER INFORMATION CONTACT: For                  disposition of the facilities and areas
                                               Phased Decision-making Alternative,                     information regarding the West Valley                 that would remain after completion of
                                               which was the preferred alternative in                  Demonstration Project or the SEIS,                    Phase 1 decommissioning. The
                                               the Final Environmental Impact                          contact Mr. Martin Krentz at the address              remaining facilities include the Waste
                                               Statement for Decommissioning and/or                    given above; telephone: (716) 942–4007;               Tank Farm, U.S. Nuclear Regulatory
                                               Long-Term Stewardship at the West                       or email: martin.krentz@emcbc.doe.gov.                Commission (NRC)-Licensed Disposal
                                               Valley Demonstration Project and                        For general information on DOE’s NEPA                 Area (NDA), non-source area of the
                                               Western New York Nuclear Service                        process, contact Mr. Brian Costner (GC–               North Plateau Groundwater Plume,
                                               Center (DOE/EIS–0226) (2010 Final                       54), Acting Director, Office of NEPA                  Construction and Demolition Debris
                                               EIS). With this Notice of intent and draft              Policy and Compliance, U.S.                           Landfill, Cesium Prong, contaminated
                                               scope, DOE and NYSERDA are initiating                   Department of Energy, 1000                            stream sediments, balance of the
                                               the public scoping process for the SEIS                 Independence Avenue SW, Washington,                   WNYNSC property, and SDA.
                                               and requesting comments to help define                  DC 20585; telephone: (202) 586–4600;                     DOE and NYSERDA intend to jointly
                                               the environmental issues and the range                  facsimile: (202) 586–7031; or leave a                 prepare an SEIS to inform Phase 2
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                                               of reasonable alternatives to be                        message at 1–800–472–2756, toll-free.                 decision-making for the West Valley
                                               analyzed.                                               Questions for NYSERDA should be                       Site. The SEIS process will be
                                               DATES: DOE and NYSERDA are inviting                     directed to Dr. Lee Gordon, New York                  structured to meet DOE and NYSERDA’s
                                               public comments on the scope and                        State Energy Research and Development                 respective environmental review
                                               content of the SEIS for the West Valley                 Authority, 9030–B Route 219, West                     responsibilities under the National
                                               Site during a public scoping period                     Valley, New York 14171; telephone:                    Environmental Policy Act (NEPA, 42
                                               starting with the date of publication of                (716) 942–9960, ext. 4963; facsimile:                 U.S.C. 4321 et seq.) and the New York


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                                                                         Federal Register / Vol. 83, No. 35 / Wednesday, February 21, 2018 / Notices                                             7465

                                               State Environmental Quality Review Act                  facilities used in the waste’s                        Specifications of NYSERDA’s license
                                               (SEQRA, N.Y. Env. Conserv. Law § 8–                     solidification, and any material and                  under the NRC regulations at Title 10 of
                                               0101 et seq.), the West Valley                          hardware used in connection with the                  the Code of Federal Regulations Part 50
                                               Demonstration Project Act of 1980 (Pub.                 West Valley Demonstration Project.                    in abeyance during DOE’s fulfillment of
                                               L. 96–368) (WVDP Act), the Atomic                          Pursuant to the WVDP Act, on                       its WVDP Act requirements.
                                               Energy Act of 1954 (as amended) (AEA),                  October 1, 1980, DOE and NYSERDA                         A 1987 Stipulation of Compromise
                                               and other applicable Federal and state                  entered into a Cooperative Agreement                  between the Coalition on West Valley
                                               requirements. The SEIS will be prepared                 (amended September 18, 1981) that                     Nuclear Wastes and DOE specified that
                                               in accordance with regulations of the                   established a framework for the                       a closure environmental impact
                                               Council on Environmental Quality for                    implementation of the WVDP. Under                     statement (EIS) be prepared that also
                                               implementing NEPA (40 CFR parts                         the agreement, NYSERDA has made                       addresses the disposal of those Class B
                                               1500–1508), DOE’s NEPA Implementing                     available to DOE, without transfer of                 and C low-level radioactive wastes
                                               Procedures (10 CFR part 1021), and                      title, a 68-hectare (167-acre) area known             generated as a result of DOE’s activities
                                               State of New York regulations for                       as the Project Premises, which includes               at the WVDP. In 1990, DOE and
                                               implementing SEQRA (6 NYCRR Part                        the formerly operated spent nuclear fuel              NYSERDA entered into a supplemental
                                               617).                                                   reprocessing plant, spent nuclear fuel                agreement to prepare an EIS to address
                                                  The WNYNSC is a 1,351-hectare                        receiving and storage area, underground               both the completion of the WVDP and
                                               (3,338-acre) site located 48 kilometers                 liquid high-level waste storage tanks,                closure or long-term management of the
                                               (30 miles) south of Buffalo, NY, and                    and a liquid low-level waste treatment                WNYNSC.
                                               owned by NYSERDA. In 1962, Nuclear                      facility with associated lagoons, as well                After issuance of a draft EIS in 1996,
                                               Fuel Services, Inc. (‘‘NFS’’) entered into              as other facilities. Most of the facilities           DOE and NYSERDA in 2001 announced
                                               Agreements with the Atomic Energy                       on the Project Premises were                          a revised EIS strategy. Under the revised
                                               Commission and New York State to                        radioactively contaminated from                       strategy, DOE and NYSERDA, as co-lead
                                               construct the first commercial                          reprocessing operations and are located               preparers, issued a draft EIS in 2008
                                               reprocessing plant of nuclear fuel in the               on a geographic area known as the                     and, in 2010, issued the Final
                                               United States. NFS, a private company,                  North Plateau. Among the other                        Environmental Impact Statement for
                                               built and operated the fuel reprocessing                facilities located within the Project                 Decommissioning and/or Long-Term
                                               plant and burial grounds, processing                    Premises is a radioactive waste disposal              Stewardship at the West Valley
                                               640 metric tons of spent nuclear fuel at                area known as the NRC-licensed                        Demonstration Project and Western New
                                               the WNYNSC from 1966 to 1972 under                      disposal area (NDA). Adjacent to the                  York Nuclear Service Center (DOE/EIS–
                                               an Atomic Energy Commission license.                    Project Premises is a radioactive waste               0226) (2010 FEIS). As described in
                                               Fuel reprocessing ended in 1972, when                   disposal area known as the State-                     DOE’s 2010 ROD and NYSERDA’s 2010
                                               the plant was shut down for                             Licensed Disposal Area (SDA), for                     Findings Statement, DOE and
                                               modifications. In 1976, in view of                      which NYSERDA has operational                         NYSERDA decided to implement the
                                               increased costs and regulatory                          responsibility. Both the NDA and SDA                  Phased Decision-making Alternative
                                               requirements, NFS decided to exercise                   are located on a geographic area known                based on information and analyses
                                               its contractual right to yield                          as the South Plateau.                                 contained in the 2010 FEIS. During
                                               responsibility for the WNYNSC to the                       In 1982, DOE assumed control, but                  implementation of Phase 1 of the
                                               State of New York. NFS withdrew                         not ownership, of the Project Premises                Phased Decision-making Alternative,
                                               without removing any of the in-process                  to conduct the WVDP, as required under                which is ongoing, a number of highly
                                               nuclear wastes. NYSERDA now holds                       the WVDP Act. As part of the WVDP                     contaminated facilities at the West
                                               title to and manages the WNYNSC.                        Act, NRC was charged with developing                  Valley Site are being removed via
                                                  In 1980, Congress passed the WVDP                    decommissioning criteria. In the                      decontamination and demolition and
                                               Act, Public Law 96–368. The WVDP Act                    ‘‘Decommissioning Criteria for the                    off-site disposal. The Phased Decision-
                                               requires DOE to demonstrate that the                    WVDP at the West Valley Site; Final                   making Alternative deferred decisions
                                               liquid high-level radioactive waste from                Policy Statement’’ (NRC Policy                        (known as Phase 2 decisions) on several
                                               reprocessing could be safely managed                    Statement) (67 FR 5003; February 1,                   facilities for up to 10 years (the expected
                                               by solidifying it at the WNYNSC and                     2002), NRC prescribed the requirements                time frame to complete Phase 1
                                               transporting it to a Federal repository                 for decommissioning the WVDP. NRC                     decommissioning activities) while DOE
                                               for permanent disposal. Specifically,                   prescribed its License Termination Rule               and NYSERDA gather additional
                                               Section 2(a) of the WVDP Act directs                    as the decommissioning goal for the                   information and perform additional
                                               DOE to take the following actions:                      WVDP and all NRC-licensed portions of                 analyses (Phase 1 Studies) to foster
                                                  1. Solidify, in a form suitable for                  the WNYNSC. The decommissioning                       interagency consensus and better inform
                                               transportation and disposal, the high-                  criteria define the conditions that would             the Phase 2 decisions. DOE and
                                               level radioactive waste at the WNYNSC;                  allow the Project Premises to be used                 NYSERDA plan to make Phase 2
                                                  2. Develop containers suitable for the               with specified restrictions or without                decisions in 2022 on the disposition of
                                               high-level radioactive waste’s                          restrictions on future use. If those                  the facilities and areas that would
                                               permanent disposal;                                     conditions cannot be met, the NRC                     remain after completion of Phase 1
                                                  3. As soon as feasible, transport the                Policy Statement also defines the                     decommissioning. The remaining
                                               solidified waste to a Federal repository                circumstances under which sections of                 facilities and areas include the Waste
                                               for permanent disposal;                                 the Project Premises could remain under               Tank Farm, NDA, non-source area of the
                                                  4. Dispose of low-level radioactive                  long-term management or stewardship.                  North Plateau Groundwater Plume,
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                                               waste and transuranic waste produced                    NRC intends to use the SEIS to evaluate               Construction and Demolition Debris
                                               by the solidification of the high-level                 the environmental impacts of the                      Landfill, Cesium Prong, contaminated
                                               radioactive waste; and                                  various alternatives before deciding                  stream sediments, balance of the
                                                  5. Decontaminate and decommission                    whether to accept the preferred                       WNYNSC property, and SDA.
                                               the tanks and other facilities used at the              alternative as meeting the criteria                      DOE and NYSERDA have determined
                                               WNYNSC in which the high-level                          permitted by the License Termination                  that the preparation of an SEIS would
                                               radioactive waste was solidified, the                   Rule. NRC has placed the Technical                    further the purposes of NEPA by


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                                               7466                      Federal Register / Vol. 83, No. 35 / Wednesday, February 21, 2018 / Notices

                                               including new information and changes                   further the purposes of NEPA by                       stewardship of the WNYNSC and SDA.
                                               since issuance of the 2010 Final EIS,                   incorporating the new information                     This includes the decontamination and
                                               and is consistent with the commitment                   produced by the Phase 1 Studies, other                decommissioning of the facilities
                                               in the 2010 ROD and Findings                            scientific studies being performed at the             remaining at the West Valley Site after
                                               Statement to providing robust and                       West Valley Site, and the PPA as part of              completion of Phase 1
                                               meaningful opportunities for public                     the evaluation of the potential                       decommissioning.
                                               participation during decommissioning.                   environmental impacts of the Phase 2
                                                                                                                                                             Alternatives
                                               Preparation of an SEIS for the West                     alternatives.
                                               Valley Site would also further the                                                                               The SEIS will examine the range of
                                                                                                       Purpose and Need for Agency Action                    reasonable Phase 2 alternatives (i.e., the
                                               purposes of SEQRA, the WVDP Act, the
                                               AEA, and other applicable Federal and                      DOE is required by the WVDP Act to                 alternatives that meet DOE’s and
                                               state requirements. Phase 2 decisions                   decontaminate and decommission the                    NYSERDA’s respective purpose and
                                               will be informed by the Phase 1 and                     tanks and facilities used in the                      need for action) and their potential
                                               other scientific studies being performed                solidification of the high-level waste,               environmental impacts. The SEIS will
                                               at the West Valley Site, a long-term                    and any material and hardware used in                 also analyze the No Action Alternative,
                                               probabilistic performance assessment,                   connection with the WVDP, in                          as required by NEPA and SEQRA.
                                               and an SEIS that will incorporate the                   accordance with such requirements as                     As specified in NRC’s Final Policy
                                               above analyses as part of the evaluation                NRC may prescribe. NRC has prescribed                 Statement, DOE and NYSERDA intend
                                               of the potential environmental impacts                  its License Termination Rule as the                   to use NRC’s License Termination Rule
                                               of the range of reasonable Phase 2                      decommissioning criteria for the WVDP.                as the framework to evaluate
                                               alternatives proposed for the West                      Therefore, DOE needs to determine the                 alternatives for decommissioning and/or
                                               Valley Site. The SEIS will ‘‘tier’’ (40                 manner that facilities, materials, and                long-term stewardship actions involving
                                               CFR 1502.20) from the 2010 FEIS, and,                   hardware for which the Department is                  West Valley Site facilities.
                                               where appropriate, information and                      responsible are managed or                               The range of reasonable alternatives
                                               analyses from the 2010 Final EIS will be                decommissioned, in accordance with                    encompasses those involving release of
                                               summarized and incorporated by                          NRC’s License Termination Rule and                    West Valley Site facilities and areas for
                                               reference in the SEIS. The SEIS will                    applicable Federal and state                          re-use under unrestricted and restricted
                                               contain new information and analyses                    requirements. To this end, DOE needs to               conditions as allowed under the License
                                               to ensure its adequacy for Phase 2                      determine what, if any, material or                   Termination Rule. Accordingly, the
                                               decision-making.                                        structures for which it is responsible                SEIS will evaluate whether the
                                                  Following the 2010 FEIS, DOE and                     that were not addressed in Phase 1 (i.e.,             alternatives would meet the NRC
                                               NYSERDA established a process for                       Phase 2 facilities) will remain on site,              decommissioning criteria and other
                                               conducting scientific studies (the Phase                and what, if any, institutional controls,             applicable requirements. This
                                               1 Studies) in order to facilitate                       engineered barriers, or stewardship                   evaluation will include analysis of the
                                               interagency consensus to complete                       provisions would be needed. That is,                  long-term radiological dose impacts of
                                               decommissioning of the remaining                        DOE needs to determine what it needs                  the Phase 2 alternatives for the facilities
                                               facilities. Subject-matter expert working               to do to complete the WVDP and return                 and areas on the West Valley Site. DOE
                                               groups were established and studies                     the Project Premises to NYSERDA.                      and NYSERDA will consider this
                                               conducted on topics such as erosion                        NYSERDA needs to determine the                     information as it is being developed in
                                               modeling, the geomorphic history of the                 manner that Phase 2 facilities and                    determining details of the alternatives to
                                               site, geologic material properties, site                property for which NYSERDA is                         be analyzed in the SEIS. This process
                                               radiological inventory, and precedent                   responsible, including the SDA, will be               for alternatives development will help
                                               waste exhumation projects/                              managed or decommissioned, in                         ensure that the range of alternatives is
                                               technologies. The new information                       accordance with applicable Federal and                adequate and provides a sound basis for
                                               produced by these Phase 1 Studies will                  state requirements. To this end,                      informed decision-making.
                                               inform the Phase 2 decisions.                           NYSERDA needs to determine what, if                      Specific action alternatives proposed
                                                  Additionally, in order to further                    any, material or structures for which it              for analysis in the SEIS include the
                                               evaluate and potentially reduce                         is responsible will remain on site, and               Sitewide Close-in-Place Alternative and
                                               uncertainty in the long-term                            what, if any, institutional controls,                 the Sitewide Removal Alternative
                                               performance assessment, DOE and                         engineered barriers, or stewardship                   (described below). Conceptually, these
                                               NYSERDA decided to perform a long-                      provisions would be needed. It is                     alternatives represent the ends of the
                                               term probabilistic performance                          NYSERDA’s intent to pursue                            spectrum of action alternatives from the
                                               assessment (PPA) for the West Valley                    termination of the existing 10 CFR part               perspective of onsite and offsite
                                               Site. The PPA model is currently being                  50 license for the WNYNSC upon DOE’s                  management of facilities and
                                               developed in the GoldSim probabilistic                  completion of decontamination and                     contaminants, and the associated
                                               modeling platform and will be                           decommissioning under the WVDP Act                    amount of area for which unrestricted
                                               supported by several process-level                      in accordance with criteria prescribed                versus restricted future land use would
                                               models, including a surface water/                      by NRC. NYSERDA plans to use the                      be appropriate. In developing these
                                               sediment transport model, a three-                      analysis of alternatives in the SEIS for              primary alternatives, DOE and
                                               dimensional groundwater flow model,                     the West Valley Site to support any                   NYSERDA will explore alternative ways
                                               and an erosion model. The PPA will be                   necessary NRC or New York State                       to implement them, which would be
                                               used to evaluate the range of                           Department of Environmental                           presented under the primary
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                                               alternatives in the SEIS. As such, the                  Conservation (NYSDEC) license or                      alternatives as implementing options. In
                                               new information developed by the PPA                    permit applications.                                  addition, DOE and NYSERDA will
                                               and component models will inform the                                                                          explore mitigation measures to avoid or
                                               Phase 2 decisions.                                      Proposed Action                                       reduce potential environmental impacts
                                                  The Supplemental Environmental                         The Proposed Action is the WVDP’s                   of the alternatives and implementing
                                               Impact Statement for the West Valley                    completion and the decommissioning                    options. These mitigation measures
                                               Site (DOE/EIS–0226–S1) (SEIS) will                      and/or long-term management or                        could include institutional controls,


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                                                                         Federal Register / Vol. 83, No. 35 / Wednesday, February 21, 2018 / Notices                                             7467

                                               license and or permit terms/controls                    This approach would allow large areas                 West Valley Site facilities. The site
                                               and other administrative controls (e.g.                 of the WNYNSC to be released for                      would continue to be monitored and
                                               deed restrictions), robust engineered                   unrestricted use. Facilities that are                 maintained for the foreseeable future, as
                                               closure controls (e.g. multi-layer caps,                closed in place, and any buffer areas                 required by Federal and state
                                               grouts, etc.), robust erosion control                   around them, as well as facilities that               regulations, to protect the health and
                                               structures, and/or additional removal of                are allowed to naturally attenuate,                   safety of workers, the public, and the
                                               radiological inventory.                                 would require long-term stewardship.                  environment. Additionally, periodic
                                                  In addition to these primary                                                                               maintenance activities (e.g., replacing
                                                                                                       Sitewide Removal Alternative
                                               alternatives and their associated                                                                             permeable treatment wall media,
                                               implementing options, analysis of at                      Under this alternative, site facilities,            replacing landfill geomembranes) would
                                               least two ‘‘hybrid’’ alternatives is                    contaminated soil, sediment, and                      continue during an assumed period of
                                               planned. Conceptually, the hybrid                       groundwater would be removed to meet                  active institutional controls until, for
                                               alternatives would represent points                     criteria that would allow unrestricted                purposes of analysis only, controls are
                                               along the middle of the alternatives                    release of the WNYNSC. Radioactive,                   assumed to become ineffective. The No
                                               spectrum between the Sitewide Close-                    hazardous, and mixed waste would be                   Action Alternative would not meet the
                                               in-Place Alternative and the Sitewide                   characterized, packaged, and shipped                  purpose and need for agency action, but
                                               Removal Alternative, with elements of                   off site for disposal. Immediate                      analysis of the No Action Alternative is
                                               each. To that end, DOE and NYSERDA                      implementation of this alternative                    required under NEPA and SEQRA to
                                               will consider preliminary information                   would require the disposition of waste                provide a baseline against which the
                                               from the PPA as it is developed to                      for which there is currently no offsite               environmental impacts from the other
                                               inform the development of these                         disposal location (e.g., potential non-               analyzed alternatives can be compared.
                                               alternatives.                                           defense transuranic waste and Greater-                  DOE and NYSERDA plan to identify
                                                  The alternatives and associated                      Than-Class C low-level radioactive                    a preferred alternative in the Draft SEIS.
                                               environmental analyses will be                          waste). Any such ‘‘orphan waste’’ would
                                                                                                       be stored on site until an appropriate                Potential Environmental Issues for
                                               structured so that decisions based on
                                                                                                       offsite facility is available. Completion             Analysis and Potentially Significant
                                               the SEIS need not be limited only to a
                                                                                                       of these activities would allow                       Adverse Impacts
                                               specific set of elements that happen to
                                               define a particular alternative. Rather,                unrestricted use of the site (i.e., the site            DOE and NYSERDA have tentatively
                                               decision-makers could ultimately select                 could be made available for any public                identified the following potential
                                               an alternative comprised of elements of                 or private use).                                      environmental issues and potentially
                                               one or more of the primary (including                   Hybrid Alternatives                                   significant adverse impacts that will be
                                               hybrid) alternatives and their associated                                                                     analyzed in the SEIS. The list is
                                                                                                          Analysis of at least two hybrid                    presented to facilitate early comment on
                                               implementing options.
                                                                                                       alternatives is planned. The hybrid                   the scope of the SEIS. It is not intended
                                                  DOE and NYSERDA invite comments
                                                                                                       alternatives could contain elements of                to be all-inclusive nor to predetermine
                                               on this approach. Comments are also
                                                                                                       any or all of the other alternatives. For             the alternatives to be analyzed or their
                                               invited on the potential scope of the
                                                                                                       example, a hybrid alternative might                   potential impacts.
                                               hybrid alternatives, including the
                                                                                                       include complete or partial removal of
                                               specific elements, facilities, and areas                                                                      Potential Environmental Issues for
                                                                                                       certain facilities and close-in-place for
                                               that should be included.                                                                                      Analysis
                                                                                                       the remaining facilities. Additionally,
                                               Preliminary Description of Alternatives                 these actions could occur immediately                    • Issues associated with long-term
                                                                                                       or after a safe-storage period. The results           site stewardship, including duration
                                               Sitewide Close-in-Place Alternative
                                                                                                       of the PPA will be used to determine                  and costs of stewardship, regulatory and
                                                 Under this alternative, most Phase 2                  which facilities should be removed and                engineering considerations, institutional
                                               facilities would be closed in place.                    which to close-in-place. For example, if              controls, and land use restrictions,
                                               Major facilities and sources of                         the PPA shows that a particular                       including the need for buffer areas.
                                               contamination such as the Waste Tank                    radionuclide from a particular facility                  • Ability of alternatives to satisfy the
                                               Farm, NDA, and SDA would be                             dominates the long-term dose/risk                     NRC LTR decommissioning criteria for
                                               managed at their current locations.                     estimate, then one hybrid alternative                 the WVDP.
                                               Residual radioactivity in facilities with               might be the removal of the material                     • Ability of alternatives to meet the
                                               larger inventories of long-lived                        containing that radionuclide from that                Comprehensive Environmental
                                               radionuclides would be isolated by                      facility and closure in place of the                  Response, Compensation and Liability
                                               specially engineered designed structures                remaining facilities. Depending on the                Act risk range.
                                               and barriers. These structures and                      facility and the amount of material to be                • Compliance with applicable
                                               barriers would be designed to meet                      removed, the approach for                             Federal, state, and local requirements.
                                               regulatory requirements to retain                       implementing the partial removal of                      • Identification of Derived
                                               hazardous and radioactive constituents                  material from a facility under the hybrid             Concentration Guideline Limits and
                                               to ensure they would be resistant to                    alternative may differ from the approach              other relevant clean-up concentrations,
                                               long-term degradation and include                       presented for the Sitewide Removal                    where appropriate.
                                               features to discourage inadvertent                      Alternative.                                             • The influence of, and potential
                                               intrusion into the material left on site.                                                                     interactions of, any wastes remaining at
                                               Structures that would interfere with the                No Action Alternative                                 the West Valley Site after
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                                               construction of these barriers would be                   Under the No Action Alternative,                    decommissioning.
                                               removed (e.g., the Supernatant                          Phase 1 decommissioning actions would                    • Long-term site stability, including
                                               Treatment System Support Building).                     be completed, but no further actions                  seismicity and erosion, based upon
                                               Facilities with lesser amounts of                       toward decommissioning the West                       available data on the likelihood of
                                               contamination (e.g., the North Plateau                  Valley Site would be taken. The No                    future weather events.
                                               Groundwater Plume, the Cesium Prong)                    Action Alternative would involve the                     • Issues associated with Waste
                                               would be allowed to naturally attenuate.                continued management and oversight of                 Incidental to Reprocessing.


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                                               7468                      Federal Register / Vol. 83, No. 35 / Wednesday, February 21, 2018 / Notices

                                                 • Irretrievable and irreversible                      issues to be analyzed. Written                        availability of the Draft SEIS in the
                                               commitment of resources.                                comments may be provided by any of                    Federal Register, and NYSERDA will
                                                                                                       the means described under ADDRESSES,                  publish notice of availability in the
                                               Potentially Significant Adverse Impacts
                                                                                                       or orally at public scoping meetings.                 State Environmental Notice Bulletin,
                                                 • Impacts to the general population                   Both oral and written comments will be                which will begin a 6-month public
                                               and onsite workers from radiological                    considered and given equal weight by                  comment period. DOE and NYSERDA
                                               and non-radiological releases from                      DOE and NYSERDA regardless of how                     will announce how to comment on the
                                               decommissioning and/or long-term                        submitted. Comments must be provided                  Draft SEIS and will hold at least three
                                               stewardship activities. Transportation                  by April 23, 2018, to ensure                          public hearings during the public
                                               impacts from shipments of radioactive,                  consideration in preparation of the Draft             comment period, but no sooner than 15
                                               hazardous, mixed, and clean waste                       SEIS. DOE and NYSERDA will consider                   days after EPA’s notice of availability
                                               generated during decommissioning                        late comments to the extent practicable.              and NYSERDA’s notice are published.
                                               activities.                                                DOE and NYSERDA will hold three                    In preparing the Final SEIS, which is
                                                 • Impacts to the general population                   public scoping meetings on the West                   planned for issuance in 2022, DOE and
                                               and onsite workers from radiological                    Valley SEIS on the following dates:                   NYSERDA will respond to comments
                                               and non-radiological releases at                           • Monday, March 19, 2018, from 6:00                received on the Draft SEIS. DOE may
                                               radiological and non-radiological waste                 p.m. to 9:30 p.m. at the West Valley                  issue its ROD no sooner than 30 days
                                               disposal sites receiving waste generated                Volunteer Hose Company, Inc.,                         after EPA publishes a notice of
                                               during site decommissioning and/or                      Firemen’s Memorial Hall and Training,                 availability of the Final SEIS. NYSERDA
                                               long-term stewardship activities.                       9091 Route 240, West Valley, NY 14171,                Findings and Decisions can be made no
                                                 • Impacts from postulated accidents.                  in the Main Hall.                                     sooner than 10 days after the Notice of
                                                 • Disproportionately high and                            • Tuesday, March 20, 2018, from 6:00               Completion of the Final SEIS is
                                               adverse effects on low-income and                       p.m. to 9:30 p.m. at Erie Community                   published. DOE and NYSERDA intend
                                               minority populations (environmental                     College, City Campus, Post Office                     to complete the SEIS process to inform
                                               justice).                                               Building, 121 Ellicott Street, Buffalo,               Phase 2 decisions in 2022.
                                                 • Socioeconomic impacts to local                      NY 14203, in the Minnie Gillette                         Notice of Floodplain and Wetland
                                               communities.                                            Auditorium.                                           Involvement: Because the proposed
                                                 • Areas of concern to the Seneca                         • Wednesday, March 21, 2018, from                  project may involve actions in
                                               Nation of Indians related to culturally-                6:00 p.m. to 9:30 p.m. at the Cattaraugus             floodplains and wetlands, in accordance
                                               specific considerations.                                Council Chambers, 12837 Route 438,                    with DOE’s 10 CFR part 1022, the Draft
                                                 • Short-term and long-term land use                   Irving, NY 14081.                                     SEIS will include a floodplain and
                                               impacts.                                                   Further information about these                    wetland assessment, and, as
                                                 • Short-term and long-term                            meetings is available on the SEIS                     appropriate, the Final SEIS or ROD will
                                               environmental impacts, including air                    website at                                            include a floodplain statement of
                                               and water quality, from                                 www.SEISWestValleySite.com and will                   findings.
                                               decommissioning and/or long-term                        be announced in the local media.
                                               stewardship activities.                                    Requests to speak at the public                    Public Reading Room
                                                 • Impacts to floodplains and                          meeting should be made to the DOE                       Documents referenced in this Notice
                                               wetlands (the SEIS will contain an                      Document Manager (see ADDRESSES).                     of Intent and Draft Scope and related
                                               assessment of potential floodplain and                     Speakers will be scheduled on a first-             information are available online at
                                               wetland impacts in accordance with                      come, first-served basis. Individuals                 www.SEISWestValleySite.com and at the
                                               DOE requirements (10 CFR part 1022)).                   may sign up at the door to speak and                  Ashford Community and Training
                                                 • Impacts to groundwater quality.                     will be accommodated as time permits.                 Center, 9377 NY–240, West Valley, New
                                                 • Impacts on threatened and                           Written comments will also be accepted                York 14171, (716) 942–6016.
                                               endangered species.                                     at the meeting. Speakers are encouraged
                                                                                                       to provide written versions of their oral               Signed in Washington, DC, this 14th day of
                                               Other Agency Involvement                                                                                      February, 2018.
                                                                                                       comments for the record.
                                                 DOE and NYSERDA invite Federal,                          The meetings will be facilitated by a              James M. Owendoff,
                                               state, and local agencies with                          moderator. Time will be provided for                  Acting Assistant Secretary for Environmental
                                               jurisdiction by law or special expertise                meeting attendees to ask clarifying                   Management, Department of Energy.
                                               to participate in the SEIS as cooperating               questions. Individuals requesting to                  [FR Doc. 2018–03493 Filed 2–20–18; 8:45 am]
                                               or involved agencies. At this time, the                 speak on behalf of an organization must               BILLING CODE 6450–01–P
                                               U.S. Environmental Protection Agency                    identify the organization. Each speaker
                                               (EPA), NRC, and NYSDEC will                             will be allowed five minutes to present
                                               participate as cooperating agencies                     comments unless more time is requested                DEPARTMENT OF ENERGY
                                               under NEPA. NYSDEC and NYSDOH                           and available. Comments will be
                                               will also participate as involved                                                                             DOE/NSF Nuclear Science Advisory
                                                                                                       recorded by a court reporter and will
                                               agencies under SEQRA with respect to                                                                          Committee
                                                                                                       become part of the scoping meeting
                                               NYSERDA’s proposed actions.                             record.                                               AGENCY: Office of Science, Department
                                               Public Scoping Process                                                                                        of Energy.
                                                                                                       SEIS Process and Schedule
                                                                                                                                                             ACTION: Notice of open meeting.
                                                  The purpose of scoping is to                            DOE and NYSERDA will consider
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                                               encourage public involvement and to                     comments received during the public                   SUMMARY:   This notice announces a
                                               solicit public comments on the                          scoping period in defining the                        meeting of the DOE/NSF Nuclear
                                               proposed scope of the SEIS. DOE and                     alternatives and issues to be analyzed in             Science Advisory Committee (NSAC).
                                               NYSERDA invite interested parties to                    detail in the Draft SEIS, which is                    The Federal Advisory Committee Act
                                               participate in the scoping process to                   planned for issuance by the end of 2020.              requires that public notice of these
                                               help identify the range of reasonable                   After the document is distributed to the              meetings be announced in the Federal
                                               alternatives and the environmental                      public, EPA will publish a notice of                  Register.


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Document Created: 2018-02-21 01:48:39
Document Modified: 2018-02-21 01:48:39
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of intent and draft scope.
DatesDOE and NYSERDA are inviting public comments on the scope and content of the SEIS for the West Valley Site during a public scoping period starting with the date of publication of this Notice and ending on April 23, 2018. Comments must be submitted during this time period to ensure consideration; late comments will be considered to the extent practicable. DOE and NYSERDA will hold public scoping meetings on the SEIS in West Valley, NY (March 19, 2018), in Buffalo, NY (March 20, 2018), and in Irving, NY (March 21, 2018). Further information about the public scoping meetings is contained under SUPPLEMENTARY INFORMATION.
ContactFor information regarding the West Valley Demonstration Project or the SEIS, contact Mr. Martin Krentz at
FR Citation83 FR 7464 

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