7. CONSULTATIONS, LAWS, AND REQUIREMENTS
7.1 Laws and Requirements
This section identifies and summarizes the major laws, regulations, executive orders, and DOE
orders that may apply to the programmatic alternatives for SNF.
Section 7.1.1 discusses the major Federal statutes that impose environmental protection and
compliance requirements upon DOE. In addition, there may be other Federal, state, and local measures
applicable to the SNF Management Program because Federal law delegates enforcement or implementation
authority to state or local agencies. These state- and local-specific requirements are addressed in the site-
specific appendices. Section 7.1.2 addresses environmentally-related presidential executive orders that clarify
issues of national policy and set guidelines under which Federal agencies, including DOE, must act. DOE
implements its responsibilities for protection of public health, safety, and the environment through a series of
departmental orders that are mandatory for operating contractors of DOE facilities. Section 7.1.3 discusses
those DOE orders related to environmental, health, and safety protection. Hazardous and radioactive
materials transportation regulations are summarized in Section 7.1.4.
7.1.1 Federal Environmental Statutes and Regulations
National Environmental Policy Act of 1969, as amended (42 USC -4321 et seq.) The
National Environmental Policy Act establishes a national policy promoting awareness of the environmental
consequences of the activity of humans on the environment and promoting consideration of the environmental
impacts during the planning and decisionmaking stages of a project. The National Environmental Policy Act
requires all agencies of the Federal Government to prepare a detailed statement on the environmental effects
of proposed major Federal actions that may significantly affect the quality of the human environment.
This EIS has been prepared in response to these National Environmental Policy Act requirements and
policies. It discusses reasonable alternatives and their potential environmental consequences of proposed
SNF activities at various locations in the country and has been prepared in accordance with the Council on
Environmental Quality Regulations for implementing the procedural provisions of the National
Environmental Policy Act Implementing Procedures (40 CFR Parts 1500 through 1508) and DOE National
Environmental Policy Act Implementing Procedures (10 CFR Part 1021).
Atomic Energy Act of 1954, as amended (42 USC -2011 et seq.). The Atomic Energy
Act of 1954 authorizes DOE to establish standards to protect health or minimize dangers to life or property
with respect to activities under its jurisdiction. Through a series of DOE orders, DOE has established an
extensive system of standards and requirements to ensure safe operation of its facilities.
The Atomic Energy Act and the Reorganization Plan No. 3 of 1970 [5 USC (app. at 1343)] and
other related statutes gave the U.S. Environmental Protection Agency responsibility and authority for
developing generally applicable environmental standards for protection of the general environment from
radioactive material. The U.S. Environmental Protection Agency has promulgated several regulations under
this authority, among which are the Environmental Radiation Protection Standards for the Management and
Disposal of Spent Nuclear Fuel, High-Level and Transuranic Radioactive Wastes, at 40 CFR Part 191.
Nuclear Waste Policy Act of 1982, as amended, (42 USC -10101-10270). The Act
authorizes the Federal agencies to develop a geologic repository for the permanent disposal of SNF and high-
level radioactive waste. The Act specifies the process for selecting a repository site and constructing,
operating, closing, and decommissioning the repository. The Act also establishes programmatic guidance for
these activities.
Clean Air Act, as amended (42 USC -7401 et seq.). The Clean Air Act, as amended, is
intended to "protect and enhance the quality of the Nation's air resources so as to promote the public health
and welfare and the productive capacity of its population." Section 118 of the Clean Air Act, as amended,
requires that each Federal agency, such as DOE, with jurisdiction over any property or facility that might
result in the discharge of air pollutants, comply with "all Federal, state, interstate, and local requirements"
with regard to the control and abatement of air pollution.
The Act requires the U.S. Environmental Protection Agency to establish National Ambient Air
Quality Standards as necessary to protect public health, with an adequate margin of safety, from any known
or anticipated adverse effects of a regulated pollutant (42 USC -7409). The Act also requires establishment
of national standards of performance for new or modified stationary sources of atmospheric pollutants (42
USC -7411) and requires specific emission increases to be evaluated so as to prevent a significant
deterioration in air quality (42 USC -7470). Hazardous air pollutants, including radionuclides, are regulated
separately (42 USC -7412). Air emissions are regulated by the U.S. Environmental Protection Agency in
40 CFR Parts 50 through 99. In particular, radionuclide emissions and hazardous air pollutants are regulated
under the National Emission Standard for Hazardous Air Pollutants Program (see 40 CFR Part 61 and 40
CFR Part 63).
Safe Drinking Water Act, as amended [42 USC -300 (F) et seq.]. The primary objective
of the Safe Drinking Water Act, as amended, is to protect the quality of the public water supplies and all
sources of drinking water. The implementing regulations, administered by the U.S. Environmental Protection
Agency unless delegated to the states, establish standards applicable to public water systems. They
promulgate maximum contaminant levels, including those for radioactivity, in public water systems, which
are defined as public water systems that serve at least 15 service connections used by year-round residents or
regularly serve at least 25 year-round residents. Safe Drinking Water Act requirements have been
promulgated by the U.S. Environmental Protection Agency in 40 CFR Parts 100 through 149. For
radionuclides, the regulations in effect now specify that the average annual concentration of beta particle and
photon radioactivity from manmade radionuclides in drinking water shall not produce an annual dose
equivalent to the total body or any internal organ greater than 0.004 rem (4 millirem)/year. The maximum
contaminant level for gross alpha particle activity is 15 picocuries per liter. The U.S. Environmental
Protection Agency proposed revisions to limits on regulating radionuclides July 18, 1991. The proposed rule
has not been finalized. For purposes of analysis, however, the more conservative standards were used. Other
programs established by the Safe Drinking Water Act include the Sole Source Aquifer Program, the Wellhead
Protection Program, and the Underground Injection Control Program.
Clean Water Act, as amended (33 USC -1251 et seq.). The Clean Water Act, which
amended the Federal Water Pollution Control Act, was enacted to "restore and maintain the chemical,
physical and biological integrity of the Nation's water." The Clean Water Act prohibits the "discharge of
toxic pollutants in toxic amounts" to navigable waters of the United States. Section 313 of the Clean Water
Act, as amended, requires all branches of the Federal Government engaged in any activity that might result in
a discharge or runoff of pollutants to surface waters to comply with Federal, state, interstate, and local
requirements.
In addition to setting water quality standards for the Nation's waterways, the Clean Water Act
supplies guidelines and limitations for effluent discharges from point-source discharges and provides
authority for the U.S. Environmental Protection Agency to implement the National Pollutant Discharge
Elimination System permitting program. The National Pollutant Discharge Elimination System program is
administered by the Water Management Division of the U.S. Environmental Protection Agency pursuant to
regulations in 40 CFR Part 122 et seq. Idaho has not applied for National Pollutant Discharge Elimination
System authority from the U.S. Environmental Protection Agency. Thus, all National Pollutant Discharge
Elimination System permits required for the Idaho National Engineering Laboratory are obtained by DOE
through the U.S. Environmental Protection Agency Region 10 (40 CFR Part 122 et seq.).
Sections 401 and 405 of the Water Quality Act of 1987 added Section 402(p) to the Clean Water
Act. Section 402(p) requires that the Environmental Protection Act establish regulations for issuing permits
for stormwater discharges associated with industrial activity. Stormwater discharges associated with
industrial activity are permitted through the National Pollutant Discharge Elimination System. General
Permit requirements are published at 40 CFR Part 122.
Resource Conservation and Recovery Act, as amended (42 USC -6901 et seq.). The
treatment, storage, or disposal of hazardous and nonhazardous waste is regulated under the Solid Waste
Disposal Act, as amended by the Resource Conservation and Recovery Act and the Hazardous and Solid
Waste Amendments of 1984. Pursuant to Section 3006 of the Act, any state that seeks to administer and
enforce a hazardous waste program pursuant to the Resource Conservation and Recovery Act may apply for
U.S. Environmental Protection Agency authorization of its program. The U.S. Environmental Protection
Agency regulations implementing the Resource Conservation and Recovery Act are found in 40 CFR Parts
260 through 280. These regulations define hazardous wastes and specify hazardous waste transportation,
handling, treatment, storage, and disposal requirements.
The regulations imposed on a generator or a treatment, storage, and/or disposal facility vary
according to the type and quantity of material or waste generated, treated, stored, and/or disposed of. The
method of treatment, storage, and/or disposal also impacts the extent and complexity of the requirements (see
also Section 7.2.5).
Comprehensive Environmental Response, Compensation, and Liability Act, as
amended (42 USC -9601 et seq.). The Comprehensive Environmental Response, Compensation, and
Liability Act, as amended, provides a statutory framework for the cleanup of waste sites containing hazardous
substances and-as amended by the Superfund Amendments and Reauthorization Act-provides an
emergency response program in the event of a release (or threat of a release) of a hazardous substance to the
environment. Using the Hazard Ranking System, Federal and private sites are ranked and may be included on
the National Priorities List. The Comprehensive Environmental Response, Compensation, and Liability Act,
as amended, requires such Federal facilities having such sites to undertake investigations and remediation as
necessary. The Act also includes requirements for reporting releases of certain hazardous substances in
excess of specified amounts to state and Federal agencies.
Emergency Planning and Community Right-to-Know Act of 1986 (42 USC -11001 et
seq.) (also known as "SARA Title III"). Under Subtitle A of this Act, Federal facilities, including those
owned by DOE, provide various information (such as inventories of specific chemicals used or stored and
releases that occur from these sites) to the State Emergency Response Commission and to the Local
Emergency Planning Committee to ensure that emergency plans are sufficient to respond to unplanned
releases of hazardous substances. Implementation of the provisions of this Act began voluntarily in 1987,
and inventory and annual emissions reporting began in 1988 based on 1987 activities and information. DOE
also requires compliance with Title III as matter of Agency policy. The requirements for this Act were
promulgated by the U.S. Environmental Protection Agency in 40 CFR Parts 350 through 372.
Toxic Substances Control Act (15 USC -2601 et seq.). The Toxic Substances Control Act
provides the U.S. Environmental Protection Agency with the authority to require testing of chemical
substances, both new and old, entering the environment, and regulates them where necessary. The law
complements and expands existing toxic substance laws such as -112 of the Clean Air Act and -307 of the
Clean Water Act. The Toxic Substances Control Act came about because there were no general Federal
regulations for the potential environmental or health effects of the thousands of new chemicals developed
each year before they were introduced into the public or commerce. The Toxic Substances Control Act also
regulates the treatment, storage, and disposal of certain toxic substances, specifically polychlorinated
biphenyls, chlorofluorocarbons, asbestos, dioxins, certain metal-working fluids, and hexavalent chromium.
The asbestos regulations under the Toxic Substances Control Act were ultimately overturned. However,
regulations pertaining to asbestos removal, storage, and disposal are promulgated through the National
Emission Standard for Hazardous Air Pollutants Program (40 CFR Part 61, Subpart M). For
chlorofluorocarbons, Title VI of the Clean Air Act Amendments of 1990 requires a reduction of
chlorofluorocarbons beginning 1991, and prohibits production beginning 2000.
Pollution Prevention Act of 1990 (42 USC -13101 et seq.). The Pollution Prevention Act
of 1990 establishes a national policy for waste management and pollution control that focuses first on source
reduction, followed sequentially by environmentally safe recycling, treatment, and lastly, disposal. Disposal
or releases to the environment should only occur as a last resort. In response, DOE has committed to
participation in the Superfund Amendments and Reauthorization Act Section 313, U.S. Environmental
Protection Agency 33/50 Pollution Prevention Program. The goal, for facilities already involved in Section
313 compliance, is to achieve a 33 percent reduction in the release of 17 priority chemicals by 1997, from a
1993 baseline. On August 3, 1993, Executive Order 12856 was issued, expanding the 33/50 program such
that DOE must reduce its total releases of all toxic chemicals by 50 percent by December 31, 1999. The
DOE is also requiring each DOE site to establish site-specific goals to reduce generation of all waste types.
Federal Facility Compliance Act. The Federal Facility Compliance Act, enacted on October 6,
1992, waives sovereign immunity for fines and penalties for Resource Conservation and Recovery Act
violations at Federal facilities. However, a provision postpones fines and penalties after 3 years for mixed
waste storage prohibition violations at DOE sites and requires DOE to prepare plans for developing the
required treatment capacity for mixed waste stored or generated at each facility. Each plan must be approved
by the host state or the U.S. Environmental Protection Agency, after consultation with other affected states,
and a consent order must be issued by the regulator requiring compliance with the plan. The Federal Facility
Compliance Act further provides that the DOE will not be subject to fines and penalties for land disposal
restriction storage prohibition violations for mixed waste as long as it is in compliance with such an approved
plan and consent order and meets all other applicable regulations.
National Historic Preservation Act, as amended (16 USC -470 et seq.). The National
Historic Preservation Act, as amended, provides that sites with significant national historic value be placed on
the National Register of Historic Places. There are no permits or certifications required under the Act.
However, if a particular Federal activity may impact a historic property resource, consultation with the
Advisory Council on Historic Preservation will generally generate a Memorandum of Agreement, including
stipulations that must be followed to minimize adverse impacts. Coordinations with the State Historic
Preservation officer are also undertaken to ensure that potentially significant sites are properly identified and
appropriate mitigative actions are implemented.
Archaeological Resource Protection Act, as amended (16 USC -470aa et seq.). This
Act requires a permit for any excavation or removal of archaeological resources from public or Indian lands.
Excavations must be undertaken for the purpose of furthering archaeological knowledge in the public interest,
and resources removed are to remain the property of the United States. Consent must be obtained from the
Indian tribe owning lands on which a resource is located before issuance of a permit, and the permit must
contain terms or conditions requested by the tribe.
Native American Grave Protection and Repatriation Act of 1990 (25 USC -3001).
This law directs the Secretary of Interior to guide responsibilities in repatriation of Federal archaeological
collections and collections held by museums receiving Federal funding that are culturally affiliated to Native
American tribes. Major actions to be taken under this law include (a) establishing a review committee with
monitoring and policy-making responsibilities, (b) developing regulations for repatriation, including
procedures for identifying lineal descent or cultural affiliation needed for claims, (c) oversight of museum
programs designed to meet the inventory requirements and deadlines of this law, and (d) developing
procedures to handle unexpected discoveries of graves or grave goods during activities on Federal or tribal
land.
American Indian Religious Freedom Act of 1978 (42 USC -1996). This act reaffirms
Native American religious freedom under the First Amendment and sets United States policy to protect and
preserve the inherent and constitutional right of American Indians to believe, express, and exercise their
traditional religions. The act requires that Federal actions avoid interfering with access to sacred locations
and traditional resources that are integral to the practice of religions.
Religious Freedom Restoration Act of 1993 (42 USC -2000bb et seq.). This Act
prohibits the Government, including Federal departments, from substantially burdening the exercise of
religion unless the Government demonstrates a compelling governmental interest and the action furthers a
compelling Government interest and is the least restrictive means of furthering that interest.
Endangered Species Act, as amended (16 USC -1531 et seq.). The Endangered Species
Act, as amended, is intended to prevent the further decline of endangered and threatened species and to
restore these species and their habitats. The Act is jointly administered by the U.S. Departments of
Commerce and the Interior. Section 7 of the Act requires consultation with the U.S. Fish and Wildlife Service
to determine whether endangered and threatened species or their critical habitats are known to be in the
vicinity of the proposed action.
Migratory Bird Treaty Act, as amended (16 USC -703 et seq.). The Migratory Bird
Treaty Act, as amended, is intended to protect birds that have common migration patterns between the United
States and Canada, Mexico, Japan, and Russia. It regulates the harvest of migratory birds by specifying
things such as the mode of harvest, hunting seasons, and bag limits. The Act stipulates that it is unlawful at
any time, by any means, or in any manner to "kill . . . any migratory bird." Although no permit for this
project is required under the Act, DOE is required to consult with the U.S. Fish and Wildlife Service
regarding impacts to migratory birds and to evaluate ways to avoid or minimize these effects in accordance
with the U.S. Fish and Wildlife Service Mitigation Policy.
Bald and Golden Eagle Protection Act, as amended (16 USC -668-668d). The Bald and
Golden Eagle Protection Act makes it unlawful to take, pursue, molest, or disturb bald (American) and golden
eagles, their nests, or their eggs anywhere in the United States (Section 668, 668c). A permit must be
obtained from the U.S. Department of the Interior to relocate a nest that interferes with resource development
or recovery operations.
Wild and Scenic Rivers Act, as amended (16 USC 1271 et seq. 71:8301 et seq.). The
Wild and Scenic Rivers Act, as amended, protects certain selected rivers of the Nation, which possess
outstanding scenic, recreational, geological, fish and wildlife, historical, cultural, or other similar values.
These rivers are to be preserved in a free-flowing condition to protect water quality and other vital national
conservation purposes. The purpose of the Act is to institute a national wild and scenic rivers system, to
designate the initial rivers that are a part of that system, and to develop standards for the addition of new
rivers in the future.
Occupational Safety and Health Act of 1970, as amended (29 USC -651 et seq.). The
Occupational Safety and Health Act establishes standards to enhance safe and healthful working conditions in
places of employment throughout the United States. The Act is administered and enforced by the
Occupational Safety and Health Administration, a U.S. Department of Labor agency. While the
Occupational Safety and Health Administration and the U.S. Environmental Protection Agency both have a
mandate to reduce exposures to toxic substances, the Occupational Safety and Health Administration's
jurisdiction is limited to safety and health conditions that exist in the workplace environment. In general,
under the Act, it is the duty of each employer to furnish all employees a place of employment free of
recognized hazards likely to cause death or serious physical harm. Employees have a duty to comply with the
occupational safety and health standards and all rules, regulations, and orders issued under the Act.
Occupational Safety and Health Administration regulations (published in Title 29 of the Code of Federal
Regulations) establish specific standards telling employers what must be done to achieve a safe and healthful
working environment. DOE places emphasis on compliance with these regulations at DOE facilities and
prescribes through DOE orders the Occupational Safety and Health Act standards that contracts shall meet,
as applicable to their work at Government-owned, contractor-operated facilities (DOE Order 5480.1B,
5483.1A). DOE keeps and makes available the various records of minor illnesses, injuries, and work-related
deaths as required by Occupational Safety and Health Administration regulations.
Noise Control Act of 1972, as amended (42 USC -4901 et seq.). Section 4 of the Noise
Control Act of 1972, as amended, directs all Federal agencies to carry out "to the fullest extent within their
authority" programs within their jurisdictions in a manner that furthers a national policy of promoting an
environment free from noise that jeopardizes health and welfare.
7.1.2 Executive Orders
Executive Order 12088 (Federal Compliance with Pollution Control Standards) (October 13,
1978), as amended by Executive Order 12580 (January 23, 1987) Federal Compliance with Pollution Control
Standards, directs Federal agencies, including DOE, to comply with applicable administrative and procedural
pollution control standards established by, but not limited to, the Clean Air Act, the Noise Control Act, the
Clean Water Act, the Safe Drinking Water Act, the Toxic Substances Control Act (15 USC -2061 et seq.),
and the Resource Conservation and Recovery Act.
Executive Order 11593 (National Historic Preservation) (May 13, 1971) directs Federal
agencies, including DOE, to locate, inventory, and nominate properties under their jurisdiction or control to
the National Register of Historic Places if those properties qualify. This process requires DOE to provide
the Advisory Council on Historic Preservation the opportunity to comment on the possible impacts of the
proposed activity on any potential eligible or listed resources.
Executive Order 11514 (National Environmental Policy Act) directs Federal agencies to
continually monitor and control their activities to protect and enhance the quality of the environment and to
develop procedures to ensure that fullest practicable provision of timely public information and
understanding of the Federal plans and programs with environmental impact to obtain the views of interested
parties. The DOE has issued regulations (10 CFR Part 1021) and DOE Order 5440.1E for compliance with
this executive order.
Executive Order 11988 (Floodplain Management) directs Federal agencies to establish
procedures to ensure that the potential effects of flood hazards and floodplain management are considered for
any action undertaken in a floodplain and that floodplain impacts be avoided to the extent practicable.
Executive Order 11990 (Protection of Wetlands) directs governmental agencies to avoid, to the
extent practicable, any short- and long-term adverse impacts on wetlands wherever there is a practicable
alternative.
Executive Order 12344 (Naval Nuclear Propulsion Program) [enacted as permanent law by
Public Law 98-525 (42 USC -7158)] prescribes the authority and responsibility of the Naval Nuclear
Propulsion Program, a joint Navy/DOE organization, for matters pertaining to Naval nuclear propulsion.
These responsibilities include all environmental and occupational safety and health aspects of the program.
Executive Order 12580 (Superfund Implementation) delegates to the heads of executive
departments and agencies the responsibility for undertaking remedial actions for releases, or threatened
releases that are not on the National Priority List and removal actions other than emergencies where the
release is from any facility under the jurisdiction or control of executive departments and agencies.
Executive Order 12856 (Right to Know Laws and Pollution Prevention Requirements) This order
directs all Federal agencies to reduce and report toxic chemicals entering any wastestream; improve
emergency planning, response, and accident notification; and encourage clean technologies and testing of
innovative prevention technologies. The executive order also provides that Federal agencies are persons for
purposes of the Emergency Planning and Community Right-to-Know Act (SARA Title III), which obliges
agencies to meet the requirements of the Act.
Executive Order 12898 (Environmental Justice) This order directs Federal agencies to achieve
environmental justice by identifying and addressing, as appropriate, disproportionately high and adverse
human health or environmental effects of its programs, policies, and activities on minority populations and
low-income populations in the United States and its territories and possessions. The order creates an
Interagency Working Group on Environmental Justice and directs each Federal agency to develop strategies
within prescribed time limits to identify and address environmental justice concerns. The order further directs
each Federal agency to collect, maintain, and analyze information on the race, national origin, income level,
and other readily accessible and appropriate information for areas surrounding facilities or sites expected to
have a substantial environmental, human health, or economic effect on the surrounding populations, when
such facilities or sites become the subject of a substantial Federal environmental administrative or judicial
action and to make such information publicly available.
Executive Order 12114 (Environmental Effects Abroad of Major Federal Actions) This order
declares that Federal agencies are required to prepare environmental analyses for "major Federal actions
significantly affecting the environment of the global commons outside the jurisdiction of any nation (e.g., the
ocean or Antarctica)." According to the Executive Order, major Federal actions significantly affecting the
environment of foreign countries may also require environmental analyses under certain circumstances. The
procedural requirements imposed by the Executive Order are analogous to those under the National
Environmental Policy Act.
7.1.3 Department of Energy Regulations and Orders
Through the authority of the Atomic Energy Act, DOE is responsible for establishing a
comprehensive health, safety, and environmental program for its facilities. The regulatory mechanisms
through which DOE manages its facilities are the promulgation of regulations and the issuance of DOE
orders.
The DOE regulations are generally found in Title 10 of the Code of Federal Regulations. These
regulations address such areas as energy conservation, administrative requirements and procedures, nuclear
safety, and classified information. For purposes of this EIS, relevant regulations include 10 CFR Part 820,
Procedures for DOE Nuclear Activities; 10 CFR Part 830.120, Quality Assurance; 10 CFR Part 834,
Radiation Protection of the Public and the Environment (proposed); 10 CFR Part 835, Occupational
Radiation Protection; 10 CFR Part 1021, Compliance with the National Environmental Policy Act; and 10
CFR Part 1022, Compliance with Floodplains/
Wetlands Environmental Review Requirements.
DOE orders generally set forth policy and the programs and internal procedures for implementing
those policies. The major DOE orders pertaining to the eventual construction and operation of SNF facilities
within the DOE Complex are listed in Table 7-1. The following sections provide a brief discussion of
selected orders:
DOE Order 5440.1E, National Environmental Policy Act Compliance Program. This
order establishes authorities and responsibilities of DOE officials and sets forth internal procedures for
implementing the National Environmental Policy Act. This order was issued by DOE on November 10,
1992.
DOE Order 5480.1B, Environment Safety and Health Program for Department of
Energy Operations. This order establishes the Environment, Safety and Health Program for DOE
operations.
7.1.4 Hazardous and Radioactive Materials Transportation Regulations
Transportation of hazardous and radioactive materials, substances, and wastes are governed by the
U.S. Department of Transportation, U.S. Nuclear Regulatory Commission, and U.S. Environmental
Protection Agency regulations. These regulations may be found in 49 CFR Parts 171 through 178, 49 CFR
Parts 383 through 397, 10 CFR Part 71, and 40 CFR Part 262, respectively.
U.S. Department of Transportation regulations contain requirements for identifying a material as
hazardous or radioactive. These regulations interface with those of the U.S. Nuclear Regulatory Commission
or U.S. Environmental Protection Agency regulations for identifying material, but the U.S. Department of
Transportation hazardous material regulations govern the hazard communication (such as marking, hazard
labelling, vehicle placarding, and emergency response telephone number) and shipping requirements (such as
required entries on shipping papers or U.S. Environmental Protection Agency waste manifests).
Table 7-1. DOE orders relevant to the DOE Spent Nuclear Fuel Management Program.
__________________________________________________________________________________________________________
DOE Order Subject
__________________________________________________________________________________________________________
1300.2A Department of Energy Technical Standards Program (5-19-92)
1360.2B Unclassified Computer Security Program (5-18-92)
1540.2 Hazardous Material Packaging for Transport-Administrative Procedures
(9-30-86; Chg. 1, 12-19-88)
3790.1B Federal Employee Occupational Safety and Health Program (1-7-93)
4330.4B Maintenance Management Program (2-10-94)
4700.1 Project Management System (3-6-87; Chg. 1, 6-2-92)
5000.3B Occurrence Reporting and Processing of Operations Information
(1-19-93; Chg. 1, 7-2-93)
5400.1 General Environmental Protection Program (11-9-88; Chg. 1, 6-29-90)
5400.2A Environmental Compliance Issue Coordination (1-31-89; Chg.1, 1-7-93)
5400.4 Comprehensive Environmental Response, Compensation, and Liability Act Requirements
(10-6-89)
5400.5 Radiation Protection of the Public and the Environment
(2-8-90; Chg. 2, 1-7-93)
5440.1E National Environmental Policy Act Compliance Program (11-10-92)
5480.1B Environment, Safety and Health Program for DOE Operations (9-23-86; Chg. 5, 5-10-93)
5480.3 Safety Requirements for the Packaging and Transportation of Hazardous Materials,
Hazardous Substances, and Hazardous Wastes (7-9-85)
5480.4 Environmental Protection, Safety, and Health Protection Standards
(5-15-84; Chg. 4, 1-7-93)
5480.6 Safety of Department of Energy-Owned Nuclear Reactors (09-23-86)
5480.7A Fire Protection (2-17-93)
5480.8A Contractor Occupational Medical Program (6-26-92; Chg. 1, 10-19-92)
5480.9A Construction Project Safety and Health Management (4-13-94)
5480.10 Contractor Industrial Hygiene Program (6-26-85)
5480.11 Radiation Protection for Occupational Workers (12-21-88; Chg. 3, 6-17-92)
5480.15 Department of Energy Laboratory Accreditation Program for Personnel Dosimetry
(12-14-87)
5480.17 DOE Site Safety Representatives (10-05-88)
5480.18B Nuclear Facility Training Accreditation Program (08-31-94)
5480.19 Conduct of Operations Requirements for DOE Facilities (7-9-90; Chg. 1, 5-18-92)
5480.20 Personnel Selection, Qualification, Training, and Staffing Requirements at DOE Reactor
and Nonreactor Nuclear Facilities (2-20-91; Chg. 1, 6-19-91)
5480.21 Unreviewed Safety Questions (12-24-91)
5480.22 Technical Safety Requirements (2-25-92; Chg. 1, 9-15-92)
5480.23 Nuclear Safety Analysis Reports (4-30-92; Chg. 1, 3-10-94)
5480.24 Nuclear Criticality Safety (8-12-92)
5480.28 Natural Phenomena Hazards Mitigation (1-15-93)
5480.31 Startup and Restart of Nuclear Facilities (9-15-93)
5481.1B Safety Analysis and Review System (9-23-86; Chg. 1, 5-19-87)
5482.1B Environment, Safety, and Health Appraisal Program (9-23-86; Chg. 1, 11-18-91)
5483.1A Occupational Safety and Health Program for DOE Contractor Employees at Government-
Owned, Contractor-Operated Facilities (6-22-83)
5484.1 Environmental Protection, Safety, and Health Protection Information Reporting
Requirements (2-21-81; Chg. 7, 10-17-90)
5500.1B Emergency Management System (4-30-91; Chg. 1, 2-27-92)
5500.2B Emergency Categories, Classes, and Notification and Reporting Requirements (4-30-91;
Chg. 1, 2-27-92)
5500.3A Planning and Preparedness for Operational Emergencies (4-30-91; Chg. 1, 2-27-92)
5500.4A Public Affairs Policy and Planning Requirements for Emergencies (6-8-92)
5500.7B Emergency Operating Records Protection Program (10-23-91)
5500.10 Emergency Readiness Assurance Program (4-30-91; Chg. 1, 2-27-92)
5630.11B Safeguards and Security Program (8-2-94)
5630.12A Safeguards and Security Inspection and Assessment Program (6-23-92)
5700.6C Quality Assurance (8-21-91)
5820.2A Radioactive Waste Management (9-26-88)
6430.1A General Design Criteria (4-6-89)
_________________________________________________________________________________________________________
U.S. Nuclear Regulatory Commission regulations applicable to radioactive materials transportation
are found in 10 CFR Part 71, which includes detailed packaging design requirements and package
certification testing requirements. Complete documentation of design and safety analysis and results of the
required testing is submitted to the U.S. Nuclear Regulatory Commission to certify the package for use. This
certification testing involves the following components: heat, physical drop onto an unyielding surface, water
submersion, puncture by dropping package onto a rigid spike, and gas tightness. Some of the required tests
simulate maximum reasonably foreseeable accident conditions.
U.S. Environmental Protection Agency regulations pertaining to hazardous waste transportation are
found in 40 CFR Part 262. These regulations deal with the use of the U.S. Environmental Protection Agency
waste manifest, which is the shipping paper for transporting Resource Conservation and Recovery Act
hazardous waste.
7.1.5 Applicability of the Resource Conservation and Recovery Act to Spent Nuclear Fuel
Historically, DOE chemically reprocessed SNF to recover valuable products and fissionable
materials, and as such, the SNF was not a solid waste under the Resource Conservation and Recovery Act.
World events have resulted in significant changes in DOE's direction and operations. In particular, in
April 1992 DOE announced the phase-out of reprocessing for the recovery of special nuclear materials. With
these changes, DOE's focus on most of its SNF has changed from reprocessing and recovery of materials to
storage and ultimate disposition. This in turn has created uncertainty in regard to the regulatory status of
some of DOE's SNF relative to the Resource Conservation and Recovery Act.
DOE has initiated discussion with the U.S. Environmental Protection Agency on the potential
applicability of the Resource Conservation and Recovery Act to SNF. Further discussions with U.S.
Environmental Protection Agency Headquarters and regional offices and state regulators are ongoing to
develop a path forward toward meeting any Resource Conservation and Recovery Act requirements that
might apply.
7.2 Consultation
The National Environmental Policy Act requires that Federal, state, and local agencies with
jurisdiction or special expertise regarding any environmental impact be consulted and involved in the
National Environmental Policy Act process. Agencies involved include those with authority to issue
applicable permits, licenses, and other regulatory approvals, as well as those responsible for protecting
significant resources (for example, endangered species, critical habitats, or historic resources). These
agencies will be sent copies of the Final EIS.
Consultations with Federal and state agencies and native America tribes were initiated by DOE.
Table 7-2 shows the dates and locations of the meetings held. Volume 2, Appendix B, contains meeting
correspondence generated as a result of these meetings.
Table 7-2. Meetings held in response to agency or nation comments on the Department of Energy
Programmatic Spent Nuclear Fuel Management and Idaho National Engineering Laboratory Environmental
Restoration and Waste Management Programs Draft Environmental Impact Statement.
Agency or nation Location Date
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Defense Nuclear Facilities Safety Washington, D.C. November 9, 1994
Board
U.S. Environmental Protection Washington, D.C. December 15, 1994
Agency
Center for Disease Control Conference call November 22, 1994
Council on Environmental Washington, D.C. December 21, 1994
Quality
Seneca Nation of New York New York January 10, 1995
Shoshone-Bannock Tribes of Fort Hall, Idaho December 2,21, and 29, 1994
Idaho January 10, 1995
February 13, 1995
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