Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Notices 5173 

3(b) of E.O. 13891 (85 FR 54148) (the 

August 31 Notice). 

The August 31 Notice inadvertently 

included 18 documents that were not 

intended to be rescinded. We are 

revising the list of rescinded documents 

for the Office of Postsecondary 

Education to remove the inadvertently 

included documents. 

Corrections 

In FR Doc 2020–19144 appearing on 

page 54148 in the Federal Register of 

August 31, 2020, the following 

corrections are made: 

1. On page 54167, the 27th entry from 

the top of the page, entitled ‘‘Sample 

Default Prevention and Management 

Plan . . . 9/30/2005’’ is removed. 

2. On page 54169, the 17th entry from 

the top of the page, entitled ‘‘FWS 

Community Service Requirements . . . 

5/17/2007’’ is removed. 

3. On page 54171, the third entry from 

the bottom of the page, entitled 

‘‘Guidance to Institutions and 

Accrediting Agencies Regarding a Credit 

Hour as Defined in the Final 

Regulations Published on October 29, 

2010 . . . 3/18/2011’’ is removed. 

4. On page 54172, the third entry from 

the top of the page, entitled 

‘‘Implementation of Program Integrity 

regulations . . . 7/20/2011’’ is removed. 

5. On page 54172, the 36th entry from 

the top of the page, entitled ‘‘Title IV 

Eligibility for Students Without a Valid 

High School Diploma . . . 12/6/2012’’ is 

removed. 

6. On page 54172, the 39th entry from 

the top of the page, entitled ‘‘Charges 

Incurred at Bookstores . . . 11/28/2012’’ 

is removed. 

7. On page 54173, the 26th entry from 

the bottom of the page, entitled 

‘‘Competency-Based Education 

Programs—Q&A . . . 12/19/2014’’ is 

removed. 

8. On page 54173, the fourth entry 

from the bottom of the page, entitled 

‘‘FY 2016 Sequester Required Changes 

to the Title IV Student Aid Programs 

. . . 4/23/2015’’ is removed. 

9. On page 54174, the 29th entry from 

the top of the page, entitled ‘‘2017–2018 

Award Year: FAFSA® Information to be 

Verified and Acceptable Documentation 

. . . 4/5/2016’’ is removed. 

10. On page 54174, the 30th entry 

from the top of the page, entitled 

‘‘Changes to Title IV Eligibility for 

Students Without a Valid High School 

Diploma Who Are Enrolled in Eligible 

Career Pathway Programs . . . 5/9/ 

2016’’ is removed. 

11. On page 54174, the 31st entry 

from the top of the page, entitled ‘‘FY 

2017 Sequester Required Changes to the 

Title IV Student Aid Programs . . . 5/ 

31/2016’’ is removed. 

12. On page 54174, the 34th entry 

from the top of the page, entitled ‘‘2017– 

2018 Federal Pell Grant Payment and 

Disbursement Schedules . . . 10/18/ 

2016’’ is removed. 

13. On page 54174, the 19th entry 

from the bottom of the page, entitled 

‘‘Withdrawal of Dear Colleague Letter 

15–14 . . . 3/16/2017’’ is removed. 

14. On page 54174, the 17th entry 

from the bottom of the page, entitled 

‘‘Subject: 2018–2019 Award Year: 

FAFSA® Information to be Verified and 

Acceptable Documentation . . . 5/25/ 

2017’’ is removed. 

15. On page 54174, the third entry 

from the bottom of the page, entitled 

‘‘Subject: Modifications to the CampusBased Programs for institutions and 

students affected by Hurricanes or 

Tropical Storms Harvey, Irma, and 

Maria . . . 3/26/2018’’ is removed. 

16. On page 54174, the second entry 

from the bottom of the page, entitled 

‘‘Subject: REVISED 2018–2019 Federal 

Pell Grant Payment and Disbursement 

Schedules . . . 4/10/2018’’ is removed. 

17. On page 54175, the second entry 

from the top of the page, entitled 

‘‘Subject: Webinar Recording–How to 

Correct Historical Enrollment Reporting 

in NSLDS . . . 6/19/2019’’ is removed. 

18. On page 54175, the fourth entry 

from the top of the page, entitled 

‘‘Subject: Online Training Resource– 

Financial Aid Administrator’s Took Kit 

. . . 9/10/2019’’ is removed. 

Accessible Format: On request to the 

program contact person listed under FOR

FURTHER INFORMATION CONTACT, 

individuals with disabilities can obtain 

this document in an accessible format. 

The Department will provide the 

requestor with an accessible format that 

may include Rich Text Format (RTF) or 

text format (txt), a thumb drive, an MP3 

file, braille, large print, audiotape, or 

compact disc, or other accessible format. 

Electronic Access to This Document: 

The official version of this document is 

the document published in the Federal 

Register. You may access the official 

edition of the Federal Register and the 

Code of Federal Regulations at 

www.govinfo.gov. At this site you can 

view this document, as well as all other 

documents of this Department 

published in the Federal Register, in 

text or Portable Document Format 

(PDF). To use PDF you must have 

Adobe Acrobat Reader, which is 

available free at the site. 

You may also access documents of the 

Department published in the Federal 

Register by using the article search 

feature at www.federalregister.gov. 

Specifically, through the advanced 

search feature at this site, you can limit 

your search to documents published by 

the Department. 

Mitchell Zais, 

Acting Secretary of Education. 

[FR Doc. 2021–01123 Filed 1–15–21; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF ENERGY 

High-Level Radioactive Waste 

Interpretation Limited Change to DOE 

Manual 435.1–1, Radioactive Waste 

Management Manual and 

Administrative Change to DOE Order 

435.1, Radioactive Waste Management 

AGENCY: Office of Environmental 

Management, Department of Energy. 

ACTION: Notice. 

SUMMARY: The Department of Energy 

(Department or DOE) announces the 

availability of a limited change to DOE 

Manual 435.1–1, Radioactive Waste 

Management Manual, to formally 

incorporate the Department’s 

interpretation of the statutory definition 

of high-level radioactive waste (HLW). 

In support of that effort, DOE made an 

administrative change to DOE Order 

435.1, Radioactive Waste Management. 

The HLW interpretation was described 

in the Supplemental Notice Concerning 

U.S. Department of Energy 

Interpretation of High-Level Radioactive 

Waste, published in the Federal 

Register on June 10, 2019 

(Supplemental Notice). The revised 

Manual includes DOE’s interpretation of 

the statutory term HLW as defined in 

the Atomic Energy Act of 1954, as 

amended (AEA), and the Nuclear Waste 

Policy Act of 1982, as amended 

(NWPA). 

ADDRESSES: This Federal Register 

Notice (Notice), the Supplemental 

Notice (which contains responses to 

public comments on the HLW 

interpretation) and other documents 

relevant to DOE’s HLW interpretation 

are available on the Department’s 

website at: https://www.energy.gov/em/ 

high-levelradioactive-waste-hlwinterpretation. The revised Order and 

Manual are available at the DOE Office 

of Management’s DOE Directives 

website at: https://

www.directives.doe.gov/directivesbrowse#c8-operator=or&b_start=0. 

FOR FURTHER INFORMATION CONTACT: 

Theresa Kliczewski and/or James Joyce, 

U.S. Department of Energy, Office of 

Environmental Management, Office of 

Waste and Materials Management (EM– 

4.2), 1000 Independence Avenue SW, 

Washington, DC 20585. Emails: 


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5174 Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Notices 

1 83 FR 50909. 

2 84 FR 26835. 

3 42 U.S.C. 10101 et seq. 

Theresa.Kliczewski@em.doe.gov and 

James.Joyce@em.doe.gov. Phone 

number: (202) 586–5000. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DOE Order 435.1, Radioactive Waste 

Management, establishes the 

requirements that DOE programs must 

follow in managing DOE radioactive 

waste to protect human health, safety, 

and the environment. The Order is 

accompanied by DOE Manual 435.1–1, 

Radioactive Waste Management 

Manual, which establishes the 

requirements that DOE must follow in 

managing DOE radioactive waste. 

In October 2018, the Department 

issued a Federal Register notice 1

(October 10, 2018, FRN) seeking public 

comments on its HLW interpretation. 

The 90-day public comment period, 

including a 30-day extension to submit 

comments, invited public input in order 

to better understand stakeholder 

perspectives. The Federal Register 

notice sought to enhance public 

understanding of DOE’s views of its 

legal authority and to increase 

transparency. DOE received a total of 

5,555 comments from a variety of 

stakeholders: Members of the public, 

Native American tribes, members of 

Congress, numerous state and local 

governments, and one federal agency, 

the Nuclear Regulatory Commission 

(NRC). Of that number, there were 

roughly 360 distinct comments (that is, 

excluding duplicative form comments). 

DOE received both critical and 

supportive comments, with the majority 

of comments expressing concerns or 

questions relating to health and safety 

and environmental outcomes associated 

with the interpretation. Positive 

comments on the HLW interpretation 

were received from, among others, the 

NRC; the nuclear industry; DOE 

contractors; the Energy Facility 

Contractors Group; the city of Carlsbad, 

NM; Nye County, NV; Idaho Falls, ID, 

stakeholder groups such as Energy 

Communities Alliance; Savannah River 

Site (SRS) Community Reuse 

Organization; Tri-Cities Washington 

Economic Development Council; 

Hanford Communities; DOE National 

Laboratories; and individuals. Critical or 

negative comments were received from, 

among others, the Washington 

Department of Ecology; the Yakama 

Nation; the Consolidated Tribes of the 

Umatilla Indian Reservation; the Seneca 

Nation; the Shoshone-Bannock Tribes; 

and stakeholder groups such as the 

Natural Resources Defense Council, 

Nuclear Watch New Mexico, and 

Alliance for Nuclear Accountability; 

and individuals. 

In June 2019, after careful 

consideration of all comments received 

on the October 2018 FRN, DOE issued 

the Supplemental Notice Concerning 

U.S. Department of Energy 

Interpretation of High-Level Radioactive 

Waste 2 (June 10, 2019 FRN). The 

Supplemental Notice provided 

additional explanation of DOE’s 

interpretation as informed by public 

review and comment and further 

consideration by DOE following the 

October 2018 FRN. The Supplemental 

Notice also provided responses to 

significant comments received through 

the public comment process. In the 

Supplemental Notice, DOE did not 

make any changes or revisions to 

current policies, legal requirements, or 

agreements with respect to HLW. 

In its Supplemental Notice, DOE 

explained its interpretation of the term 

HLW, as defined in the AEA and 

NWPA.3 DOE has the long-standing 

authority and responsibility under the 

AEA to ensure that all DOE radioactive 

waste—including reprocessing waste— 

is managed and disposed of in a safe 

manner. The AEA and NWPA define 

HLW as: 

(A) The highly radioactive material 

resulting from the reprocessing of spent 

nuclear fuel, including liquid waste 

produced directly in reprocessing and 

any solid material derived from such 

liquid waste that contains fission 

products in sufficient concentrations; 

and 

(B) Other highly radioactive material 

that the Commission, consistent with 

existing law, determines by rule 

requires permanent isolation. 

42 U.S.C. 10101(12); see 42 U.S.C. 

2014(dd). In Paragraph A, Congress 

limited HLW to those materials that are 

‘‘highly radioactive.’’ This limiting term 

applies to all reprocessing waste, 

including the ‘‘liquid waste produced 

directly in reprocessing’’ and ‘‘any solid 

material derived from such liquid 

waste.’’ The use of the limiting term 

‘‘highly radioactive’’ demonstrates that 

Congress intended to distinguish 

between reprocessing waste that is 

‘‘highly radioactive’’ and waste that is 

not. If Congress had intended to define 

all reprocessing waste as HLW 

regardless of its radiological 

characteristics, it would not have 

included the ‘‘highly radioactive’’ 

requirement and instead defined HLW 

as ‘‘all waste material resulting from the 

reprocessing of spent nuclear fuel.’’ 

Similarly, for ‘‘any solid material 

derived from’’ the ‘‘liquid waste 

produced directly in reprocessing,’’ 

Congress also specified that in addition 

to being ‘‘highly radioactive’’ it must 

also contain fission products in 

‘‘sufficient concentrations.’’ The terms 

‘‘highly radioactive’’ and ‘‘sufficient 

concentrations’’ are not defined in the 

AEA or the NWPA. By providing in 

Paragraph A that liquid reprocessing 

waste is HLW only if it is ‘‘highly 

radioactive,’’ and that solid material 

derived from liquid reprocessing waste 

is HLW only if it is ‘‘highly radioactive’’ 

and contains fission products in 

‘‘sufficient concentrations’’ without 

further defining these standards, 

Congress left it to DOE, for its 

reprocessing wastes, to determine when 

the standards are met. That is what DOE 

has done through its interpretation. DOE 

has evaluated the meaning of those 

terms based on its historical knowledge, 

experience, and expertise in managing 

reprocessing wastes. DOE’s 

interpretation is an articulation of the 

technical criteria that can be applied to 

individual waste streams on a case-bycase basis to determine whether the 

standard for HLW has been met. DOE 

also notes that in their comments on the 

interpretation, the NRC staff stated that 

they ‘‘agree with the concept proposed 

in Federal Register October 10 Notice 

(83 FR 50909) that radioactive waste 

may be classified and disposed of in 

accordance with its radiological 

characteristics.’’ DOE places significant 

weight on the NRC’s views of matters 

relating to the safe management and 

disposal of radioactive waste, including 

this HLW interpretation. 

As explained in the Supplemental 

Notice, DOE has the legal authority to 

interpret the term HLW in these statutes 

to determine that certain of its 

reprocessing wastes are not HLW based 

on their radiological characteristics. 

Accordingly, DOE interpreted those 

statutes to provide that reprocessing 

wastes are properly classified as nonHLW where the radiological 

characteristics of the waste, in 

combination with appropriate disposal 

facility requirements for safe disposal 

demonstrate that disposal of such waste 

are fully protective of human health and 

the environment. DOE revised the 

interpretation set forth in the October 

2018 FRN after consideration of public 

comments, in particular those of the 

NRC and affected state and local 

stakeholders, in order to clarify its 

meaning and import. Based on 

comments received in response to the 

October 2018 FRN, DOE interpreted the 

statutes to provide that a reprocessing 

waste may be determined to be nonVerDate Sep<11>2014 19:19 Jan 17, 2021 Jkt 253001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\19JAN1.SGM 19JAN1

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Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Notices 5175 

4https://www.energy.gov/nepa/doeea-2115- 

commercial-disposal-defense-waste-processingfacility-recycle-wastewater-savannah. 

5Public Law 108–375. 

6 85 FR 48236. 

HLW if the waste meets either of the 

following two criteria: 

(I) Does not exceed concentration 

limits for Class C low-level radioactive 

waste as set out in section 61.55 of title 

10, Code of Federal Regulations, and 

meets the performance objectives of a 

disposal facility; or 

(II) Does not require disposal in a 

deep geologic repository and meets the 

performance objectives of a disposal 

facility as demonstrated through a 

performance assessment conducted in 

accordance with applicable 

requirements. 

Reprocessing waste meeting either I or 

II of the above criteria is non-HLW, 

and—pursuant to appropriate 

processes—may be classified and 

disposed in accordance with its 

radiological characteristics in an 

appropriate disposal facility provided 

all applicable requirements of the 

disposal facility are met. 

During 2019–2020, in determining 

whether and how to implement the 

HLW interpretation specific to a 

particular waste stream, DOE initiated a 

public process pursuant to the National 

Environmental Policy Act (NEPA) to 

analyze the potential environmental 

impacts associated with disposing of 

that waste. DOE completed its 

environmental analysis and decided to 

apply the HLW interpretation to a 

specific waste stream, shipping eight 

gallons of the SRS Defense Waste 

Processing Facility (DWPF) recycle 

wastewater to the Waste Control 

Specialists, LLC Federal Waste Facility, 

a licensed commercial low-level 

radioactive waste facility located near 

Andrews, Texas, for stabilization and 

disposal as non-HLW.4

Each reprocessing waste stream has 

unique radiological characteristics and, 

accordingly, the interpretation will 

continue to be implemented for 

subsequent proposed actions on a caseby-case basis, following consideration 

of: Evaluation and characterization of 

specific reprocessing waste streams in 

conjunction with the waste acceptance 

criteria and requirements of a specific 

waste disposal facility; input from 

affected stakeholders (e.g., federal, state, 

local and tribal officials; and members 

of the public); and compliance with 

applicable federal and state laws, 

regulations, and agreements. 

II. Summary Description of Changes 

DOE Manual 435.1–1 has been 

updated to include as Departmental 

policy DOE’s interpretation of the 

statutory term HLW, as defined in the 

AEA and NWPA and consistent with the 

Supplemental Notice. Specifically, 

Chapter II of the Manual is revised to 

include a new Section C that sets forth 

the HLW interpretation and provides a 

basis for its use by DOE. DOE Manual 

435.1–1 also is revised to set forth the 

roles and responsibilities of Field 

Managers and the Deputy Assistant 

Secretary for Waste and Materials 

Management with respect to the 

application of the HLW interpretation. 

The HLW interpretation limited 

change to DOE Manual 435.1–1 does not 

affect DOE’s current policies and 

practices relating to determinations 

under Chapter II.B of the Manual or 

under Section 3116 of the Ronald W. 

Reagan National Defense Authorization 

Act for Fiscal Year 2005.5 Section 3116 

will continue to apply to reprocessing 

waste covered under Section 3116. 

Chapter II.B of the Manual will continue 

to be used for tank closures not covered 

by Section 3116 and may be used in 

other cases determined to be 

appropriate by DOE. 

In addition, DOE is canceling DOE 

Guide 435.1–1, Implementation Guide 

for Use with DOE Manual 435.1–1, as it 

is out of date. The cancellation of DOE 

Guide 435.1–1 is recognized in the 

administrative change to DOE Order 

435.1. The definition of ‘‘reprocessing 

waste’’ in the Guide has now been 

incorporated in DOE Manual 435.1–1. 

These directives can be viewed at 

https://www.directives.doe.gov/. 

III. Reviews Under the National 

Environmental Policy Act 

The objective of the limited change to 

DOE Manual 435.1–1 is to continue to 

ensure that all DOE radioactive waste, 

including reprocessing waste, is 

managed in a manner that protects 

worker and public health and safety, 

and the environment. When proposing 

to apply the HLW interpretation to 

future waste streams, DOE will prepare 

the necessary environmental analyses 

and documentation in accordance with 

Council on Environmental Quality 

regulations and DOE NEPA 

implementing procedures at 40 CFR 

parts 1500 through 1508 and 10 CFR 

part 1021, respectively, as was done 

with the application of the 

interpretation to the disposal of SRS 

DWPF recycle wastewater 6 (August 10, 

2020 FRN). 

Signing Authority 

This document of the Department of 

Energy was signed on January 13, 2021, 

by William I. White, Senior Advisor for 

Environmental Management to the 

Under Secretary for Science, Office of 

Environmental Management, pursuant 

to delegated authority from the 

Secretary of Energy. That document 

with the original signature and date is 

maintained by DOE. For administrative 

purposes only, and in compliance with 

requirements of the Office of the Federal 

Register, the undersigned DOE Federal 

Register Liaison Officer has been 

authorized to sign and submit the 

document in electronic format for 

publication, as an official document of 

the Department of Energy. This 

administrative process in no way alters 

the legal effect of this document upon 

publication in the Federal Register. 

Signed in Washington, DC, January 13, 

2021. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

[FR Doc. 2021–01053 Filed 1–15–21; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Draft Environmental Assessment for 

the Commercial Disposal of Savannah 

River Site Contaminated Process 

Equipment 

AGENCY: Office of Environmental 

Management, U.S. Department of 

Energy. 

ACTION: Notice. 

SUMMARY: The U.S. Department of 

Energy (DOE) announces its intent to 

prepare a draft environmental 

assessment (EA) pursuant to the 

National Environmental Policy Act of 

1969 (NEPA) to dispose of contaminated 

process equipment from the Savannah 

River Site (SRS) at a commercial lowlevel radioactive waste (LLW) disposal 

facility located outside of South 

Carolina licensed by either the Nuclear 

Regulatory Commission (NRC) or an 

Agreement State. This effort will 

analyze capabilities for alternative 

disposal options through the use of 

existing, licensed, off-site commercial 

disposal facilities. The SRS 

contaminated process equipment would 

be characterized, stabilized as 

appropriate, and packaged, and if the 

waste acceptance criteria and 

performance objectives of a specific 

disposal facility are met, DOE could 

consider whether to dispose of the 

waste as LLW under the Department’s 

interpretation of the statutory term 

‘‘high-level radioactive waste’’ (HLW) as 

defined in the Atomic Energy Act of 

1954, as amended (AEA), and Nuclear 


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