7 May 2001
Source: http://www.access.gpo.gov/su_docs/aces/fr-cont.html
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[Federal Register: May 7, 2001 (Volume 66, Number 88)]
[Notices]
[Page 23013-23016]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07my01-44]
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DEPARTMENT OF ENERGY
Office of Civilian Radioactive Waste Management; Yucca Mountain
Science and Engineering Report; Site Recommendation Consideration and
Request for Comment
AGENCY: Office of Civilian Radioactive Waste Management, Department of
Energy.
ACTION: Notice of availability of report and initiation of public
comment period.
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SUMMARY: The Department of Energy (the Department or DOE) announces the
initiation of a public comment period on the possible recommendation of
the Yucca Mountain Site in Nevada by the Secretary of Energy to the
President for development as a spent nuclear fuel and high-level
nuclear waste geologic repository. To facilitate the public review and
comment process, the Department announces today the availability of the
Yucca Mountain Science and Engineering Report (YMS&ER). This report
provides the public with a summary of the information and data
collected to date by the Department in its multi-year study and
characterization of the Yucca Mountain site as a potential spent
nuclear fuel and high-level waste repository. A decision to recommend
the site has not been made; the YMS&ER is being issued to describe the
results of site characterization studies completed to date, the waste
forms to be disposed, a repository and waste package design, and
updated assessments of the long term performance of the potential
repository. The Department intends for the YMS&ER, and its supporting
documents, to be used by the public as an aid in providing comments on
the technical information and data underlying the Department's
consideration of a possible recommendation of the site. This summer,
after the release of additional information, DOE will announce the
dates, locations and times for public hearings on the possible
recommendation and the date for the end of the public comment period.
In addition, in recognition of the fact that technical and scientific
analyses are continuing, and that the pertinent regulatory framework is
not currently in final form, the issuance of additional information,
beyond that anticipated for release this summer, may be warranted. By
making the large amount of information developed by the Department on
the Yucca Mountain site available in stages, the Department intends to
provide the public and interested parties with ample time to review all
the available materials and formulate their comments regarding a
possible site recommendation by the Secretary.
DATES: The public may submit written comments at this time. DOE will
issue additional information this summer and will at that point
announce the dates, locations and times of public hearings
[[Page 23014]]
on the Secretary's consideration of a potential site recommendation.
ADDRESSES: Written comments should be addressed to Carol Hanlon, U.S.
Department of Energy, Yucca Mountain Site Characterization Office, (M/S
#025), P.O. Box 30307, North Las Vegas, Nevada 89036-0307, or provided
by electronic mail to YMP_SR@ymp.gov. Written comments should be
identified on the outside of the envelope, and on the comments
themselves, with the designation: ``Possible Site Recommendation for
Yucca Mountain.'' Comments can also be submitted by facsimile to 1-800-
967-0739. Copies of any written comments, and documents referenced in
this notice may be inspected and photocopied in the DOE Freedom of
Information Act Reading Room located at the Yucca Mountain Science
Center, 4101B Meadows Lane, Las Vegas, Nevada, (702) 295-1312, between
the hours of 8 a.m. and 5 p.m., Monday through Friday, except for
Federal holidays. Documents referenced in this notice may also be found
on the Internet at http://www.ymp.gov and at http://www.rw.doe.gov
(YMS&ER only). For more information concerning public participation,
please refer to the Opportunity for Public Comment section of this
notice.
Copies of the YMS&ER may be requested by telephone (1-800-967-3477)
or over the Internet via the Yucca Mountain Project website using the
document ordering form at http://www.ymp.gov under the listing ``Yucca
Mountain Science and Engineering Report.''
FOR FURTHER INFORMATION CONTACT: U.S. Department of Energy, Office of
Civilian Radioactive Waste Management, Yucca Mountain Site
Characterization Office, (M/S #025), P.O. Box 30307, North Las Vegas,
Nevada 89036-0307, 1-800-967-3477.
SUPPLEMENTARY INFORMATION:
I. Introduction
A. Yucca Mountain Site Characterization
In 1982, Congress passed the Nuclear Waste Policy Act (NWPA)
(Public Law 97-425), designating the federal government as the
responsible entity for the safe and permanent disposal of spent nuclear
fuel and high-level radioactive waste. Also in the NWPA, Congress
established a comprehensive framework for the siting, construction and
operation of a geologic repository as the primary mechanism by which
the federal government would ensure the safe and permanent disposal of
such radioactive material. In 1987, Congress amended the NWPA. In the
Nuclear Waste Policy Amendments Act of 1987 (Public Law No. 100-203),
Congress directed the Department to characterize only the Yucca
Mountain, Nevada site for a possible geologic repository.
The Department has studied Yucca Mountain for over 20 years. Over
the course of those years, the Department has performed detailed
scientific investigations of the geology, hydrology, geochemistry, and
other characteristics of the site to determine whether it is a suitable
place to build a geologic repository. The DOE has also developed a
preliminary design for a potential repository and for the waste
packages in which spent nuclear fuel and high-level radioactive waste
might be stored. The results of these scientific investigations and the
preliminary design efforts have been analyzed to assess the possible
future performance of the potential repository in the geologic setting
of the site. The YMS&ER provides a summary of these studies and design
efforts to date.
B. Site Recommendation Process
Under Section 114 (a)(1) of the NWPA, as amended, the Secretary's
decision whether to recommend the site will be made following the
completion of public hearings and completion of site characterization
activities under section 113 of the NWPA, as amended.
The following steps describe the process for the Secretary's
determination whether to recommend the site to the President; for the
President's decision whether to approve the site; and for the role of
the state of Nevada and Congress in the approval or denial of any
recommendation by the President. Also summarized are the steps
necessary for the DOE to prepare a license application to the Nuclear
Regulatory Commission (NRC) and for the NRC to grant an authorization
to begin construction, if the site is approved.
Step 1. The NWPA, as amended, requires the Secretary to hold public
hearings in the vicinity of the Yucca Mountain site. The hearings will
provide the DOE with an opportunity to inform residents of the area
that the site is being considered for possible recommendation for
development of a repository and receive their comments. The YMS&ER,
issued this date, provides a summary of scientific and technical
information relevant to the site recommendation process. This summer,
DOE will be issuing additional information that the Secretary will use
in his consideration of a possible recommendation for the Yucca
Mountain site. This information will include the results of ongoing
sensitivity studies and uncertainty study analyses (Supplemental
Science and Performance Analyses), as well as the results of a
preliminary evaluation of the Yucca Mountain site's preclosure and
postclosure performance against the Department's proposed site
suitability guidelines (Preliminary Site Suitability Evaluation). That
preliminary evaluation will consider any newly available information in
addition to the information provided in the YMS&ER. Although there is
no statutory requirement for development or issuance of these
documents, the DOE is providing the documents to facilitate public
comments before and during the public hearings.
Step 2. Comments received during the public comment period will be
considered by the Secretary before a decision is made whether to
recommend the site to the President. After considering the comments
received, if the Secretary decides to recommend the site, the NWPA
requires the Secretary to notify the governor and legislature of the
state of Nevada and wait at least 30 days before submitting the
recommendation to the President. If the Secretary decides not to
recommend the site, appropriate notification will be made to the
Congress and the State of Nevada.
Step 3. If the Secretary decides to recommend approval of the site
and 30 days has elapsed since notification of the State of Nevada, the
Secretary would then provide the recommendation to the President along
with the basis for the recommendation, as required under section
114(a)(1) of the NWPA. That basis for recommendation would include,
among other items, comments received on the YMS&ER and subsequent
documents; the views and comments submitted by the governor and
legislature of any state, along with the Secretary's response to such
views; the preliminary comments of the NRC concerning the extent to
which the at-depth site characterization analysis and the waste form
proposal seem to be sufficient for inclusion in any subsequent license
application; and a final Environmental Impact Statement (EIS) for the
Yucca Mountain site. (The Department is in the process of preparing
this EIS. For more information on the status of that process see a
separate Federal Register Notice of May 4, 2001.) Upon submission to
the President, the Secretary's recommendation and basis for the
recommendation would be available to the public.
Step 4. If, after receiving a recommendation by the Secretary and
[[Page 23015]]
the basis for the recommendation, the President considers the Yucca
Mountain site qualified for application for a construction
authorization for a repository, the President may approve the site for
the development of a repository and recommend the site to Congress. The
President's recommendation to Congress would be accompanied by the
Secretary's recommendation, and the basis for the recommendation.
Step 5. If the President submits a recommendation of the site to
Congress, the state of Nevada will have 60 days to submit a notice of
disapproval to Congress. If Nevada does not submit a notice, the Yucca
Mountain site designation will become effective, 60 days after the
President's recommendation is submitted to Congress. If the state of
Nevada does submit a notice, the Yucca Mountain site designation would
be disapproved unless, during the first 90 days of continuous session
after the notice of disapproval is submitted, Congress passes a joint
resolution of repository siting approval and the President signs it
into law.
Step 6. If the site designation becomes effective, the Secretary
will subsequently submit a license application to the NRC for
authorization to construct a repository and provide a copy to the
governor and legislature of Nevada. The NWPA requires the NRC to issue
a final decision approving or disapproving the construction
authorization within three years after receiving the application.
However, the law provides that the NRC can extend the deadline by up to
one year if it submits to the Secretary of Energy and Congress a
written report explaining the reason for the NRC's failure to meet the
three-year deadline.
C. Information for the Public Comment Process
As explained above, the Department is making available the YMS&ER
in conjunction with the initiation of the site recommendation process.
The report describes the results of site characterization, the waste
forms to be disposed of, the preliminary design of the repository and
the waste packages, and the results of assessments of potential
repository performance. The information presented provides the
Department's existing technical basis for public and stakeholder
comments on the possible recommendation. The Department will continue
to collect and refine its analysis and information base, in response to
public comments and as part of its ongoing characterization activities,
before reaching any decision on a possible site recommendation.
The information and analyses in the YMS&ER are also based on the
status of regulations, as presently proposed, that would govern the
public health and safety standard for a spent nuclear fuel and high-
level waste repository at Yucca Mountain (EPA standards proposed for
codification at 40 CFR part 197), the licensing requirements for such a
repository (NRC requirements proposed for codification at 10 CFR part
63), and the suitability of the Yucca Mountain site for a repository
(DOE guidelines proposed for codification at 10 CFR part 963). The
Department expects that the subject regulations will be finalized in
the near future. The currently proposed regulations provide a
reasonable basis for the consideration of a possible site
recommendation. In recognition of the fact that technical and
scientific analyses are continuing, and that the pertinent regulatory
framework is not currently in final form, the issuance of additional
information or analyses, beyond that anticipated for release this
summer, may be warranted.
The YMS&ER is available on the Internet, on compact disc, and in
print.
The document contains information that would be included in the
basis for any site recommendation from the Secretary to the President,
as specified by Section 114(a)(1)(A), (B), and (C) of the NWPA. The
organization of the YMS&ER is consistent with the order of information
identified in Section 114 of the NWPA. Section 1 introduces the report
and provides background information on the site recommendation approval
process and a summary of the information in the succeeding sections of
the report. Section 2 describes the design of the potential repository
at Yucca Mountain, including preliminary engineering specifications for
the facility. Section 3 describes the waste forms to be disposed and
proposed waste package designs. Section 4 discusses the data related to
the safety of the Yucca Mountain site, including a description of how
the natural and engineered repository systems would work together to
protect public health and limit the release of radionuclides to the
environment. It explains the relationship between the waste form, the
waste package, and the geologic medium at Yucca Mountain. It also
describes analyses of the future long-term performance of a Yucca
Mountain repository. Section 5 describes the analyses performed to
evaluate the safety of the potential repository during operation and
before final closure.
The YMS&ER references numerous supporting documents, which are
available on the Internet (http://www.ymp.gov) or in print. The public
is encouraged to review these documents, in addition to the YMS&ER, in
developing comments on the possible site recommendation. The supporting
documents incorporate an extensive foundation of scientific,
engineering, and programmatic research that analyzed the Yucca Mountain
site, the proposed repository and waste package designs, and other
information. The supporting documents are hierarchically organized: at
the top are comprehensive integrating documents that support this
report directly, and an extensive set of technical reports that explain
in more detail the basis for the analyses presented. Some of the major
integrating documents are:
The Total System Performance Assessment--Site Recommendation.
The Preliminary Preclosure Safety Assessment for a Monitored
Geologic
Repository.
The Draft Environmental Impact Statement for a Geologic
Repository for the Disposal of Spent Nuclear Fuel and High-Level
Radioactive Waste at Yucca Mountain, Nye County, Nevada.
The Yucca Mountain Site Description.
The Monitored Geologic Repository Project Description Document.
Key technical references include nine process model reports that
describe how the natural and engineered systems at a potential
repository are expected to behave. For example, these reports
describe how water would move from the surface to the repository and
how the waste package would perform over time. Reports summarizing
hundreds of scientific and engineering studies on a wide variety of
topics support the YMS&ER in more detail, including:
Analysis model reports describing the detailed scientific models
of how the potential repository might behave in the future;
Scientific reports of the results of site characterization
investigations, regional studies, and studies of natural analogues
to a potential repository;
Descriptions of design requirements, design analyses, and design
alternative studies for the repository surface and subsurface
facilities, engineered barrier systems, and waste packages.
Concurrent with the release of the YMS&ER, DOE will also be issuing
a Supplement to the Draft Environmental Impact Statement for a Geologic
Repository for the Disposal of Spent Nuclear Fuel and High-Level
Radioactive Waste at Yucca Mountain, Nye County, Nevada. The
availability of that document was announced in a separate Federal
Register Notice, dated May 4, 2001, together with information on the
opportunities for public comment on the document and public hearings to
be held.
[[Page 23016]]
II. Opportunity for Public Comment
A. Participation in Comment Process
Interested persons are invited to participate in the comment
process by submitting written data, views, or comments with respect to
the subject set forth in this notice. The Department encourages the
maximum level of public participation possible in this process.
Individuals, coalitions, states or other government entities, and
others are urged to submit written comments on the possible
recommendation of the Yucca Mountain site.
B. Written Comment Procedures
The DOE invites the public to comment on a possible site
recommendation for the Yucca Mountain site. Written comments should be
identified on the outside of the envelope, and on the comments
themselves, with the designation: ``Possible Site Recommendation for
Yucca Mountain.'' In the event any person wishing to submit written
comments cannot provide them directly, alternative arrangements can be
made by calling [(800) 967-3477]. All comments received and other
relevant information will be considered by the DOE before a decision is
made on the potential site recommendation. All comments submitted will
be available for examination at the Yucca Mountain Science Center in
Las Vegas, Nevada. Pursuant to the provisions of 10 CFR 1004.11, any
person submitting information or data that is believed to be
confidential, and which may be exempt by law from public disclosure,
should submit one complete copy, as well as two copies from which the
information considered confidential has been deleted. The Department of
Energy will make its own determination of any such claim and treat it
accordingly.
Issued in Washington, DC on April 27, 2001.
Lake Barrett,
Acting Director, Office of Civilian Radioactive Waste Management.
[FR Doc. 01-11383 Filed 5-4-01; 8:45 am]
BILLING CODE 6450-01-P