[Federal Register Volume 72, Number 239 (Thursday, December 13, 2007)]
[Notices]
[Pages 70899-70900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-24200]
[[Page 70899]]
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NUCLEAR REGULATORY COMMISSION
[Docket No.: 70-27]
BWX Technologies, Inc., Environmental Assessment and Finding of
No Significant Impact Related to Proposed Issuance of an Exemption From
10 CFR 70.24 Requirements
AGENCY: Nuclear Regulatory Commission.
ACTION: Environmental assessment (EA) and finding of no significant
impact (FONSI).
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FOR FURTHER INFORMATION CONTACT: Amy M. Snyder, Fuel Manufacturing
Branch, Division of Fuel Cycle Safety and Safeguards, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Mail Stop EBB-2C40M, Washington, DC 20555-0001, telephone (301) 492-
3225 and e-mail [email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
Under U.S. Nuclear Regulatory Commission (NRC) license SNM-42 and
the provisions of 10 CFR Part 70, Domestic Licensing of Special Nuclear
Material, BWX Technologies, Inc. (BWXT or the licensee) is authorized
to receive and possess special nuclear material for the research,
fabrication and assembly of nuclear fuel and related components at its
facility, located in Lynchburg, Virginia. Under this license, BWXT is
also allowed to receive, acquire, and transfer irradiated fuel (spent
nuclear fuel) at its facility. The NRC staff is considering the
issuance of an exemption to requirements of Title 10 of the Code of
Federal Regulations (10 CFR) Section 70.24, under a certain condition,
for the spent nuclear fuel storage areas at the BWXT site. If the NRC
decides to grant the exemption, then the license will be amended to
incorporate a license condition to reflect the exemption. These actions
would then allow BWXT to implement its proposed method to meet the
January 16, 2007, NRC Order (EA-07-011) requiring BWXT to implement
additional security measures at the BWXT site. The licensee found that
if these measures are taken, it would not be in full compliance with
the criticality monitoring requirements of 10 CFR 70.24. Granting this
exemption would also allow BWXT to continue to store, in a safe
configuration, spent nuclear fuel.
The NRC has prepared an EA in support of granting an exemption and
amending the license. Based on this EA, the NRC has concluded that a
FONSI is appropriate and, therefore, an environmental impact statement
(EIS) is not warranted. The NRC is also conducting a safety review of
the BWXT request for exemption. The results of the safety review will
be documented in a separate Safety Evaluation Report.
II. Environmental Assessment
Background
By letter, dated May 2, 2007, BWXT submitted its exemption request.
On May 14, 2007, BWXT submitted, via email, a clarification that stated
its current Environmental Report (ER), dated March 10, 2004, addresses
the areas where spent nuclear fuel, previously used for research, is
stored at the site.
The documents that were evaluated in preparing this EA included the
NRC's EA for Renewal of License SNM-42, dated August 2005, the current
BWXT ER for Renewal of License SNM-42, dated March 10, 2004, and the e-
mail from BWXT (Leah Morrell, May 14, 2007) stating, with respect to
this exemption request, that the BWXT's ER, dated March 10, 2004, is
the current ER.
Review Scope
The purpose of this EA is to assess the environmental impacts of
the proposed exemption and associated license amendment. It does not
approve the request. This EA is limited to the proposed exemption from
the requirements of 10 CFR 70.24 in spent nuclear fuel storage areas,
and any cumulative impacts on existing plant operations. The existing
conditions and operations at the BWXT facility were evaluated, by the
NRC, for environmental impacts in an EA for the renewal of the BWXT
license. This assessment presents the information and analysis of the
proposed actions for determining whether issuance of a FONSI is
appropriate.
Need for the Proposed Action
As a result of the events of September 11, 2001, the NRC has
required heightened security measures for facilities that are
authorized to possess special nuclear material. BWXT is one such
facility. Following an evaluation, by BWXT, of ways to meet these
required security measures, BWXT concluded that the best method to meet
those measures would affect the current criticality monitoring system.
Specifically, the implementation of BWXT's proposed method to implement
the NRC Security Order (EA-07-011) would make the detection of a
criticality challenging for the criticality monitoring systems located
in each spent nuclear fuel storage area when the additional security
measures imposed by EA-07-011 are in place. The additional security
measures are not currently in place.
The Proposed Actions
The proposed actions are: (1) The NRC granting an exemption to the
requirements of 10 CFR 70.24 in the spent fuel storage areas during the
period of time the licensee does not need to access the spent nuclear
fuel; and (2) the NRC issuing an amendment to the license reflecting
such an exemption. These actions would allow BWXT to continue to safely
store spent nuclear fuel in storage systems. This exemption would not
apply during the short and very infrequent periods during which access
to the stored material is required, or if BWXT no longer has spent
nuclear fuel at its licensed site. The proposed actions are in
accordance with the licensee's application dated May 2. 2007.
Alternative to the Proposed Actions
The actions available to the NRC are:
1. Approve the exemption and associated license amendment as
described; or
2. No action (i.e., deny the request and do not amend the
license,--the no-action alternative.)
Affected Environment
The affected environment for the proposed action and the
alternative is the BWXT site. The affected environment is identical to
the affected environment assessed in the EA, dated August 2005. A full
description of the site and its characteristics is given in the NRC's
2005 EA.
Environmental Impacts of the Proposed Action and the No Action
Alternative
The NRC staff has completed its evaluation of the environmental
impacts of the proposed action and concludes granting the licensee an
exemption to the criticality monitoring requirements of 10 CFR 70.24
for the spent nuclear fuel storage system during periods when access to
the spent nuclear fuel is not required; and would not increase the
probability or consequences of accidents previously analyzed and would
not affect facility radiation levels or facility radiological
effluents. No changes are being made in the types of effluents that may
be released off-site. There is no significant increase in the amount of
any effluent released off-site. There is no significant increase in
occupational or public radiation exposure. Therefore,
[[Page 70900]]
there are no significant radiological environmental impacts associated
with the proposed action.
With regard to potential non-radiological impacts, the proposed
action does not have a potential to affect any historic sites because
no previously undisturbed area will be affected by the proposed
actions. The proposed action does not affect non-radiological plant
effluents and has no other effect on the environment. Therefore, there
are no significant non-radiological environmental impacts associated
with the proposed action.
Accordingly, the NRC staff concludes that there are no significant
environmental impacts associated with the proposed action and, thus,
concludes that the proposed action will not have any significant impact
to the human environment. The proposed action does not alter the
previous National Environmental Protection Act findings made in
approving the license renewal.
Environmental Impacts of the Alternative to the Proposed Action
As an alternative to the proposed action, the NRC staff considered
denial of the proposed action (i.e., the no-action alternative). Denial
of the exemption request would result in: (1) No associated license
amendment: and (2) no change to current environmental impacts, as the
denial would result in the criticality monitoring requirements of 10
CFR 70.24 continuing to be fully applicable. Thus, the environmental
impacts of the proposed action and the alternative action are identical
because the present or absence of a criticality monitor and alarm for
the spent nuclear fuel that is safety stored has no impact on the
environment.
Agencies and Persons Consulted
In accordance with NUREG 1748, ``Environmental Review Guidance for
Licensing Actions Associated with NMSS Programs,'' the NRC staff
consulted with other agencies regarding the proposed actions. These
consultations were intended to provide other agencies an opportunity to
comment on the proposed actions, and to ensure that the requirements of
Section 106 of the National Historic Preservation Act, and Section 7 of
the Endangered Species Act were met with respect to the proposed
actions.
Commonwealth of Virginia
The staff, on October 10, 2007, consulted with the Virginia
Department of Environmental Quality (VDEQ) and the Virginia Department
of Health (VDH). The VDEQ reviewed the draft and agreed with NRC's
conclusion that no significant environmental impacts would result from
this proposed action, if implemented. The VDH had technical questions
regarding the criticality monitoring systems.
Fish and Wildlife
The staff has determined that consultation for Section 7 of the
Endangered Species Act is not required because the proposed action does
not involve construction or any other change in physical environment,
therefore, will not affect listed species or critical habitat.
Virginia Department of Historic Resources
The staff has determined that the proposed action does not have the
potential to effect on historic properties because it does not involve
construction or any other change in physical environment. Therefore, no
further consultation is required under Section 106 of the National
Historic Preservation Act.
Conclusion
On the basis of the EA, the NRC concludes that the proposed action
will not have a significant effect on the quality of the human
environment and that preparation of an EIS is not warranted.
III. Finding of No Significant Impact
On the basis of this assessment, the Commission has concluded that
environmental impacts that are associated with the proposed action
would not be significant and the Commission is making a finding of no
significant impact.
Preparers
J. Wiebe, Project Manager, All Sections.
A. Snyder, Project Manager, Sections 1.0, 4.0 and 5.0.
List of References
1. BWXT. Request for Exemption from 10 CFR 70.24, Letter (May 2,
2007) to Director, Office of Nuclear Material Safety and Safeguards,
U.S. Nuclear Regulatory Commission, Lynchburg, Virginia: BWXT,
Nuclear Products Division (confidential).
2. NRC. NUREG 1748, Environmental Review Guidance for Licensing
Actions Associated with NMSS Programs--Final Report. (August 2003)
Washington, DC: NRC (ML032450279).
3. BWXT. Environmental Report for Renewal of License SNM-42,
March 10, 2004 (nonpublic).
4. BWXT. E-mail to NRC, Criticality Exemption, dated May 14,
2007 (ML073180015).
5. NRC. Environmental Assessment Related to the Renewal of
License No. SNM-42. Docket 70-027 (August 2005) Washington, DC: NRC.
(ML071300450).
6. NRC. E-mail to VDEQ, Pre-decisional EA, dated October 9,
2007, (ML073180022).
7. NRC. E-mail to VDH, Pre-decisional EA, dated October 10,
2007, (ML073180034).
8. VDH. Letter to NRC, Response to Pre-decisional EA, dated
October 24, 2007 (ML73180017).
9. NRC. E-mail to VDH, Additional Comments on Pre-decisional EA,
dated October 31, 2007 (ML073180027).
10. VDH. E-mail to NRC, Response to Additional Comments on Pre-
decisional EA, dated October 31, 2007 (ML073180029).
11. VEQ. Letter to NRC, Response to Pre-decisional EA, dated
October 17, 2007 (ML073230756).
Dated at Rockville, Maryland this 30th day of November, 2007.
For the Nuclear Regulatory Commission.
Peter J. Habighorst,
Chief, Fuel Manufacturing Branch, Fuel Facility Licensing Directorate
Division of Fuel Cycle Safety and Safeguards, Office of Nuclear
Material Safety and Safeguards.
[FR Doc. E7-24200 Filed 12-12-07; 8:45 am]
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