[Federal Register Volume 65, Number 197 (Wednesday, October 11, 2000)]
[Notices]
[Pages 60472-60475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-26010]
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NUCLEAR REGULATORY COMMISSION
Consideration of License Amendment Request for the Nuclear Fuels
Services, Inc., and Opportunity for Hearing
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of availability of Environmental Assessment and Finding
of No Significant Impact and Opportunity to Request a Hearing on
Amendment of Materials License SNM-124, Nuclear Fuel Services, Inc.
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SUMMARY: The U.S. Nuclear Regulatory Commission is considering the
amendment of Special Nuclear Material License SNM-124 at the Nuclear
Fuel Services, Inc. facility located in Erwin, TN.
Environmental Assessment
1.0 Introduction
1.1 Background
The Nuclear Regulatory Commission (NRC) staff has evaluated the
environmental impacts of the amendment request from Nuclear Fuel
Services, Inc. (NFS) to change liquid effluent action levels and
reporting commitments in Materials License SNM-124 in accordance with
10 CFR 20.1302. This Environmental Assessment (EA) has been prepared
pursuant to the Council on Environmental Quality (CEQ) regulations (40
CFR Parts 1500-1508) and NRC regulations (10 CFR Part 51) which
implement the requirements of the National Environmental Policy Act
(NEPA) of 1969. The purpose of this document is to assess the
environmental consequences of the proposed license amendment.
The NFS facility in Erwin, TN is authorized under SNM-124 to
possess nuclear materials for the fabrication and assembly of nuclear
fuel components. The facility produces nuclear fuel for the U.S. Naval
Reactor Program. The principle operations include: (1) the processing
of highly enriched uranium [greater than 90 weight percent \235\U] into
a classified fuel product; and (2) the processing of scrap materials
containing highly enriched uranium (HEU) to recover uranium.
1.2 Review Scope
In accordance with 10 CFR Part 51, this EA serves to (1) present
information and analysis for determining whether to issue a Finding of
No Significant Impact (FONSI) or to prepare an Environmental Impact
Statement (EIS); (2) fulfill the NRC's compliance with the National
Environmental Policy Act (NEPA) when no EIS is necessary; and (3)
facilitate preparation of an EIS if one is necessary. Should the NRC
issue a FONSI, no EIS would be prepared and the license amendment would
be granted.
1.3 Proposed Action
The proposed action is to amend NRC Materials License SNM-124 to
change liquid effluent action levels and reporting commitments in
accordance with 10 CFR 20.1302. Currently, NFS uses 20.1302(b)(2) to
demonstrate compliance. NFS proposes to use 20.1302(b)(1) to
demonstrate compliance.
1.4 Need for Proposed Action
Licensees are required to comply with the annual dose limits in 10
CFR 20.1301. The applicable dose limit in 20.1301(a)(1) states that the
licensee shall conduct operations so that the total effective dose
equivalent (TEDE) to individual members of the public from the license
operation does not exceed 100 mrem in a year, exclusive of dose
contribution from background radiation, from medical procedures, or
from the licensee's disposal of radioactive material into sanitary
sewerage. In accordance with 10 CFR 20.1302, compliance can be
demonstrated by either of two ways: (1) the licensee can demonstrate,
by measurement or calculation, that the TEDE to the individual likely
to receive the highest dose from the licensed operation does not exceed
the annual dose limit; or (2) the licensee may show that the annual
average concentrations of radioactive material released in the gaseous
and liquid effluents at the boundary of the restricted area do not
exceed values specified in Table 2, ``Effluent Concentrations,'' of
Appendix B to 10 CFR Part 20 in conjunction with other measurements.
Amending the NFS license to allow effluent discharge compliance to
be reported as dose provides the licensee with the flexibility to
continue operating the Waste Water Treatment Facility (WWTF) in case a
sample is suspect and needs to be re-analyzed. NFS has previously
demonstrated compliance with the annual dose limit in 10 CFR 20.1301
for releases to the Nolichucky River from the WWTF by
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meeting the concentration values in 10 CFR Part 20, Appendix B, Table
2. If a sample was suspected of exceeding the values in 10 CFR Part 20,
the WWTF shut down until the sample was re-analyzed. NFS proposes to
ensure compliance by demonstrating, through calculation, that the
annual TEDE from liquid effluents will remain below 10 mrem to the
maximally exposed off-site receptor.
1.5 Alternatives
The alternatives available to the NRC are:
Alternative 1--Deny the amendment request (no action alternative);
or Alternative 2--Approve the license amendment request as submitted.
2.0 Affected Environment
The affected environment for Alternative 1 and Alternative 2 would
be the NFS site, the Nolichucky River, and the near downstream area of
the river. A full description of the affected area and its
characteristics is given in the 1999 Environmental Assessment for the
Renewal of the NRC license for NFS.
3.0 Effluent Releases and Monitoring
Effluents from the NFS facility include discharges of sanitary
wastes to the City of Erwin sanitary sewer, effluents to air, and
liquid effluents to Banner Spring Branch, Martin Creek, and the
Nolichucky River. A full description of the NFS Environmental
Monitoring Program is given in the 1999 Environmental Assessment for
Renewal.
Alternative 1
The WWTF treats liquid effluents generated by the various site
operations, including fuel production, low-enriched and high-enriched
uranium recovery, mixed-waste treatment, laboratory operations,
laundry, building decommissioning, and site remediation. These liquid
waste streams are pH adjusted and ammonia is removed by a stripping
tower or by breakpoint chlorination, as appropriate. Waste water is
treated by lime precipitation to remove fluoride, uranium, and other
metals. After the lime is precipitated, the waste water is filtered,
neutralized, and discharged into the Nolichucky River through outfall
001, under the National Pollutant Discharge Elimination System (NPDES)
permit. The precipitate is dewatered in a filter press, and the filter
press cake is packaged for off-site disposal at a low-level waste
disposal facility.
During operation of the WWTF, each batch is analyzed for gross
alpha and gross beta radioactivity prior to discharge. Also, a monthly
composite sample is analyzed for isotopes of uranium. The monthly
composite is analyzed for other radionuclides if materials, in addition
to uranium, are suspected to be present in process waste water at
levels exceeding 10% of the concentration values in Appendix B, Table
2, Column 2, 10 CFR Part 20. The chemical parameters prescribed in the
State of Tennessee NPDES permit are also analyzed at the frequency
specified in the permit. Samples of the treated waste water are
collected from the final neutralization or storage tank prior to
discharge.
If an action level is exceeded, the following actions occur: (1)
The Environmental Protection Function Manager and the responsible
process engineering control personnel are notified, (2) an
investigation is undertaken to identify the cause of the exceedance,
and (3) appropriate corrective actions are initiated to reduce observed
levels that are above the action levels, and to minimize the likelihood
of a recurrence. No discharge is authorized by the NFS Environmental
Protection Function Manager that would result in a 12 month average
concentration exceeding the applicable level specified in 10 CFR Part
20, Appendix B, Table 2, Column 2. Corrective actions are documented.
If necessary, the Environmental Protection Function manager may order
processing activities in an area to be halted until appropriate
corrective actions are implemented.
Alternative 2
Each calender quarter, WWTF liquid effluent data will be compiled
and used to calculate the maximum concentration of radioactive
materials at the location of the maximally exposed off-site receptor
and the dose (TEDE) to the maximally exposed off-site receptor due to
discharge of WWTF liquid effluents. This quarterly assessment will
typically be completed within 60 days of receiving all sample results
necessary to perform the assessment. If any sample results are pending,
a preliminary assessment may be performed if necessary to meet the
semi-annual reporting condition.
If the resulting TEDE to the maximally exposed off-site receptor
exceeds 2.5 mrem/quarter, appropriate corrective action will be
identified and implemented to reduce future dose levels. Each calender
quarter, the dose for the four previous (consecutive) quarters will be
calculated. If the calculated TEDE to any member of the public for this
four quarter period exceeds the 10 mrem per year action level, NFS will
implement corrective actions and the NRC will be notified of the event,
in writing, within 30 days.
Assessment of the maximum concentration and TEDE to the maximally
exposed off-site receptor will be performed using: (1) National Council
on Radiation Protection and Measurements (NCRP) Report No. 123,
``Screening Models for Releases of Radionuclides to Atmosphere, Surface
Water, and Ground,'' or (2) pathway analysis models that consider all
exposure pathways and accurately reflect site conditions and simulate
exposure to members of the public. Site-specific characteristics of the
surface waters receiving liquid effluents will be accurately assessed.
NFS will follow written procedures to perform these calculations.
Parameter values will be based on information contained in NCRP Report
No. 123, data collected during the assessment period, publicly
available information (e.g., stream flow data compiled by the U.S.
Geological Survey), previous monitoring history, or the professional
judgement of the NFS Environmental Protection Function Manager.
In accordance with 10 CFR 70.59, NFS is required to submit a semi-
annual effluent report. If the semi-annual average activity
concentration for WWTF effluents exceed concentrations listed in 10 CFR
Part 20, Appendix B, Table 2, Column 2, results of an assessment of the
TEDE to the maximally exposed off-site receptor from these effluents
will be included in the semi-annual effluent report to the NRC.
4.0 Environmental Impacts of Proposed Action and Alternatives
4.1 Public Health
Alternative 1
The impacts of normal operation are provided in the 1999
Environmental Assessment for the Renewal of the NRC license for NFS.
The analysis assumes that an individual along the Nolichucky River and
the surrounding population out to a distance of 50 miles uses this
potentially contaminated water. Liquid-release exposure pathways
include ingestion of drinking water, fish, and irrigated crops and
external exposure during recreational activities. The total effective
dose estimate (TEDE) for the maximally exposed individual was estimated
as 0.10 mrem/yr from liquid releases.
Alternative 2
NFS is proposing a maximum TEDE of 10 mrem/yr for liquid releases.
This is 10% of the 10 CFR Part 20 limit of 100 mrem/yr from all
pathways. NFS'
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commitment to a 10 mrem action level will provide reasonable assurance
that the facility will continue to operate within the regulatory
limits.
4.2 Occupational Health
Alternative 1 and Alternative 2
The dose to the workers at the NFS site has been analyzed in the
Safety Evaluation Report for the Renewal, dated July 2, 1999. This dose
will not increase as a result of Alternative 2 because there will be no
changes to the treatment process. NFS is committed to keeping doses as
low as reasonable achievable (ALARA) by maintaining a radiation
protection program that minimizes radiation exposures and releases of
radioactive material to the environment.
4.3 Water Resources and Biota
Alternative 1 and Alternative 2
Liquid effluents are released directly or indirectly into the
Nolichucky River. Small creeks receiving portions of the liquid
discharge, Banner Spring Branch and Martin Creek, are not used as a
drinking water supply for area residents. The nearest drinking water
intake on the Nolichucky River is 8 miles downstream from the NFS
outfall (NFS, 1996). Since the amount of radioactivity entering Banner
Spring Branch, Martin Creek and the Nolichucky River does not exceed
the allowable limits in 10 CFR Part 20 for either alternative, there
will be no significant impact on water quality or biota. NFS will
continue to meet the requirements for effluent discharge in their NPDES
permit.
4.4 Geology, Soils, Air Quality, Demography, Cultural and Historic
Resources
Alternative 1 and Alternative 2
The NRC staff has determined that the neither alternative will
impact geology, soils, air quality, demography, or cultural or historic
resources at or near the NFS site. A full description of these
parameters is given in the 1999 Environmental Assessment for Renewal.
4.5 Alternatives
The action that the NRC is considering is approval of an amendment
request to a Materials license issued pursuant to 10 CFR Part 70. The
proposed action is to amend NRC Materials License SNM-124 to change
liquid effluent action levels and reporting commitments in accordance
with 10 CFR 20.1302. The alternatives available to the NRC are:
1. Deny the amendment request; or
2. Approve the license amendment request as submitted.
Based on its review, the NRC staff has concluded that the
environmental impacts associated with the proposed action are minimal.
Although the TEDE might increase from 0.010 mrem to 10 mrem for the
liquid release pathway, there is reasonable assurance that the 10 CFR
20.1301 dose limit of 100 mrem/yr from all pathways will not be
exceeded. The staff considers that Alternative 2 is the appropriate
alternative for selection and recommends approval of the license
amendment.
5.0 Agencies and Persons Contacted
The NRC contacted a representative from the State of Tennessee,
Department of Health in correspondence dated August 10, 2000. The State
had no comments.
6.0 References
Nuclear Fuel Services, Inc., December, 1999, ``Environmental
Report for Renewal of Special Nuclear Material License No. SNM-
124.''
U.S. Nuclear Regulatory Commission (NRC), January, 1999,
``Environmental Assessment for Renewal of Special Nuclear Material
License SNM-124.''
U.S. Nuclear Regulatory Commission (NRC), July 2, 1999, ``Safety
Evaluation Report for the Renewal of Special Nuclear Material
License SNM-124 for Nuclear Fuel Services, Inc.''
7.0 Conclusions
Based on an evaluation of the environmental impacts of the
amendment request, the NRC has determined that the proper action is to
issue a FONSI in the Federal Register. The NRC staff considered the
environmental consequences of amending NRC Materials License SNM-124 to
change liquid effluent action levels and reporting commitments in
accordance with 10 CFR 20.1302, and have determined that the approval
of this request will have no significant effect on public health and
safety or the environment.
Finding of No Significant Impact
The Commission has prepared an Environmental Assessment related to
the amendment of Special Nuclear Material License SNM-124. On the basis
of the assessment, the Commission has concluded that environmental
impacts associated with the proposed action would not be significant
and do not warrant the preparation of an Environmental Impact
Statement. Accordingly, the Commission is making a Finding of No
Significant Impact.
The Environmental Assessment and the documents related to this
proposed action are available for public inspection and copying at the
Commission's Public Document Room at 11555 Rockville Pike, Rockville,
Maryland between 7:30 a.m. and 4:15 p.m. on federal workdays.
Opportunity for a Hearing
Based on the Environmental Assessment and Finding of No Significant
Impact, and a staff safety evaluation to be completed, NRC is preparing
to amend License SNM-124. The NRC hereby provides that this is a
proceeding on an application for amendment of a license falling within
the scope of Subpart L, ``Informal Hearing Procedures for Adjudication
in Materials Licensing Proceedings,'' of NRC's rules and practice for
domestic licensing proceedings in 10 CFR Part 2. Pursuant to Section
2.1205(a), any person whose interest may be affected by this proceeding
may file a request for a hearing in accordance with Section 2.1205(d).
A request for a hearing must be filed within thirty (30) days of the
date of publication of this Federal Register notice.
A request for hearing or petition for leave to intervene must be
filed with the Secretary of the Commission, U.S. Nuclear Regulatory
Commission either:
1. By delivery to the Rulemakings and Adjudications Staff of the
Secretary at One White Flint North, 11555 Rockville Pike, Rockville, MD
20852-2738; or
2. By mail or telegram addressed to the Secretary, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001. Attention:
Rulemakings and Adjudications Staff.
In addition to meeting other applicable requirements of 10 CFR Part
2 of the NRC's regulations, a request for a hearing filed by a person
other than an applicant must describe in detail:
1. The interest of the requester in the proceeding;
2. How that interest may be affected by the results of the
proceeding, including the reasons why the requestor should be permitted
a hearing, with particular reference to the factors set out in Section
2.1205(h).
3. The requester's areas of concern about the licensing activity
that is the subject matter of the proceeding; and
4. The circumstances establishing that the request for a hearing is
timely in accordance with Section 2.1205(d).
In accordance with 10 CFR Section 2.1205(f), each request for a
hearing must also be served, by delivering it personally or by mail to:
1. The applicant, Nuclear Fuel Services ; and
2. The NRC staff, by delivering it to the Executive Director for
Operations, One White Flint North, 11555 Rockville Pike, Rockville, MD
20852, or by mail,
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addressed to the Executive Director for Operations, U.S. Nuclear
Regulatory Commission, Washington, DC 20555.
The NRC contact for this licensing action is Mary Adams. Ms. Adams
may be contacted at (301) 415-7249 or by e-mail at [email protected] for more
information about this licensing action.
Dated at Rockville, Maryland, this 4th day of October, 2000.
For the Nuclear Regulatory Commission.
Philip Ting,
Chief, Fuel Cycle Licensing Branch, Division of Fuel Cycle Safety and
Safeguards, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 00-26010 Filed 10-10-00; 8:45 am]
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