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)

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, 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 [email protected], 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: 
[email protected]. 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: [email protected]. 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: [email protected].

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

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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