Notice of Environmental Assessment Related to the Issuance of a License Amendment to Byproduct Material License No. 34-00507-16, for the National Aeronautics And Space Administration, Cleveland, OH, 47264-47267 [E5-4372]
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Federal Register / Vol. 70, No. 155 / Friday, August 12, 2005 / Notices
CFR 30.3 by Mr. Pitts, as discussed
above, has raised serious doubt as to
whether he can be relied upon to
comply with NRC requirements in the
future.
Consequently, I lack the requisite
reasonable assurance that licensed
activities can be conducted in
compliance with the Commission’s
requirements and that the health and
safety of the public will be protected if
Mr. Pitts were permitted at this time to
be involved in NRC-licensed activities.
Therefore, the public health, safety and
interest require that Mr. Pitts be
prohibited from any involvement in
NRC-licensed activities for a period of
five (5) years from the date of this Order.
Furthermore, pursuant to 10 CFR 2.202,
I find that the significance of Mr. Pitts’s
conduct described above is such that the
public health, safety and interest require
that this Order be immediately effective.
IV
Accordingly, pursuant to sections 81,
161b, 161i, 161o, 182 and 186 of the
Atomic Energy Act of 1954, as amended,
and the Commission’s regulations in 10
CFR 2.202, 10 CFR 30.10, and 10 CFR
150.20, it is hereby ordered, effective
immediately, that:
1. Stanley Pitts is prohibited for five
(5) years from the date of this Order
from engaging in NRC-licensed
activities. NRC-licensed activities are
those activities that are conducted
pursuant to a specific or general license
issued by the NRC, including, but not
limited to, those activities of Agreement
State licensees conducted pursuant to
the authority granted by 10 CFR 150.20.
2. If Mr. Pitts is currently involved in
NRC-licensed activities, he must
immediately cease those activities, and
inform the NRC of the name, address
and telephone number of the employer,
and provide a copy of this order to the
employer.
3. Subsequent to expiration of the five
year prohibition, Mr. Stanley Pitts shall,
for the next five years and within 20
days of acceptance of his first
employment offer involving NRClicensed activities or his becoming
involved in NRC-licensed activities, as
defined in Paragraph IV.1 above,
provide notice to the Director, Office of
Enforcement, U.S. Nuclear Regulatory
Commission, Washington, DC 20555, of
the name, address, and telephone
number of the employer or entity where
he is, or will be, involved in the NRClicensed activities. In the notification,
Stanley Pitts shall include a statement
of his commitment to compliance with
regulatory requirements and the basis
why the Commission should have
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confidence that he will now comply
with applicable NRC requirements.
The Director, Office of Enforcement,
may, in writing, relax or rescind any of
the above conditions upon
demonstration by Mr. Pitts of good
cause.
V
In accordance with 10 CFR 2.202,
Stanley Pitts must, and any other person
adversely affected by this Order may,
submit an answer to this Order, and
may request a hearing on this Order,
within 20 days of the date of this Order.
Where good cause is shown,
consideration will be given to extending
the time to request a hearing. A request
for extension of time must be made in
writing to the Director, Office of
Enforcement, U.S. Nuclear Regulatory
Commission, Washington, DC 20555,
and include a statement of good cause
for the extension. The answer may
consent to this Order. Unless the answer
consents to this Order, the answer shall,
in writing and under oath or
affirmation, specifically admit or deny
each allegation or charge made in this
Order and shall set forth the matters of
fact and law on which Mr. Pitts or other
person adversely affected relies and the
reasons as to why the Order should not
have been issued. Any answer or
request for a hearing shall be submitted
to the Secretary, U.S. Nuclear
Regulatory Commission, Attn:
Rulemakings and Adjudications Staff,
Washington, DC 20555. Copies also
shall be sent to the Director, Office of
Enforcement, U.S. Nuclear Regulatory
Commission, Washington, DC 20555, to
the Assistant General Counsel for
Materials Litigation and Enforcement at
the same address, to the Regional
Administrator, NRC Region I, 475
Allendale Road, King of Prussia,
Pennsylvania, and to Mr. Pitts if the
answer or hearing request is by a person
other than Mr. Pitts. Because of
continuing disruptions in delivery of
mail to United States Government
offices, it is requested that answers and
requests for hearing be transmitted to
the Secretary of the Commission either
by means of facsimile transmission to
301–415–1101 or by e-mail to
hearingdocket@nrc.gov and also to the
Office of the General Counsel either by
means of facsimile transmission to 301–
415–3725 or by e-mail to
OGCMailCenter@nrc.gov. If a person
other than Mr. Pitts requests a hearing,
that person shall set forth with
particularity the manner in which his
interest is adversely affected by this
Order and shall address the criteria set
forth in 10 CFR 2.309.
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If a hearing is requested by Mr. Pitts
or a person whose interest is adversely
affected, the Commission will issue an
Order designating the time and place of
any hearing. If a hearing is held, the
issue to be considered at such hearing
shall be whether this Order should be
sustained.
Pursuant to 10 CFR 2.202(c)(2)(I), Mr.
Pitts, may, in addition to demanding a
hearing, at the time the answer is filed
or sooner, move the presiding officer to
set aside the immediate effectiveness of
the Order on the ground that the Order,
including the need for immediate
effectiveness, is not based on adequate
evidence but on mere suspicion,
unfounded allegations, or error.
In the absence of any request for
hearing, or written approval of an
extension of time in which to request a
hearing, the provisions specified in
Section IV above shall be final 20 days
from the date of this Order without
further order or proceedings. If an
extension of time for requesting a
hearing has been approved, the
provisions specified in Section IV shall
be final when the extension expires if a
hearing request has not been received.
An answer or a request for hearing shall
not stay the immediate effectiveness of
this order.
Dated this 2nd day of August, 2005.
For The Nuclear Regulatory Commission.
Martin J. Virgilio,
Deputy Executive Director for Materials,
Research, State and Compliance Programs.
[FR Doc. E5–4373 Filed 8–11–05; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
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[Docket No. 030–05626]
Notice of Environmental Assessment
Related to the Issuance of a License
Amendment to Byproduct Material
License No. 34–00507–16, for the
National Aeronautics And Space
Administration, Cleveland, OH
Nuclear Regulatory
Commission.
ACTION: Environmental Assessment and
Finding of No Significant Impact for
license amendment.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
George M. McCann, Senior Health
Physicist, Decommissioning Branch,
Division of Nuclear Materials Safety,
Region III, U.S. Nuclear Regulatory
Commission, 2443 Warrenville Road,
Lisle, Illinois 60532–4352; telephone:
(630) 829–9856; or by e-mail at
gmm@nrc.gov.
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Federal Register / Vol. 70, No. 155 / Friday, August 12, 2005 / Notices
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory
Commission (NRC) is considering the
issuance of an amendment to NRC
materials license No. 34–00507–16 to
allow the National Aeronautics and
Space Administration (NASA), the
licensee, to temporarily store seven
activated control rods containing
cadmium in a commercially available
on-site storage container on an outdoor
storage pad located at its Plum Brook
Station, a federal reservation, in
Sandusky, Ohio. The NRC has prepared
an Environmental Assessment (EA) in
support of this action in accordance
with the requirements of 10 CFR part
51. Based on the EA, the NRC has
determined that a Finding of No
Significant Impact (FONSI) is
appropriate.
II. Environmental Assessment
Background
The licensee submitted a license
amendment to the U.S. Nuclear
Regulatory Commission (NRC) by letter
dated December 15, 2004 (ADAMS
Accession No. ML043560196). The
licensee requested that the NRC approve
the temporary storage of seven activated
control rods containing cadmium in two
commercially available ‘‘on-site storage
containers’’ (one inside the other) on an
outdoor pad, located at its Plum Brook
Station in Sandusky, Ohio. The control
rods are from the licensee’s former Plum
Brook Research Reactor facility, which
is currently undergoing
decommissioning. The NRC is
considering the issuance of an
amendment to the licensee’s John H.
Glenn Research Center materials license
34–00507–16, which currently
authorizes NASA to possess byproduct
materials for research and development
activities at its research facilities, which
are also located at the Plum Brook
Station Federal Reservation. If approved
by the NRC, the licensee will be
authorized to possess, for temporary
storage, the activated control rods in
commercially available on site storage
containers on an outdoor pad.
The NRC has prepared an
Environmental Assessment (EA) in
support of this licensing action in
accordance with the requirements of
title 10, Code of Federal Regulations
(CFR), part 51, ‘‘Environmental
Protection Regulations for Domestic
Licensing and Related Regulatory
Functions.’’ The EA was developed to
provide sufficient evidence and analysis
for determining whether to prepare an
Environmental Impact Statement or
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Finding of No Significant Impact
(FONSI). Based on the results of the EA,
the NRC has determined that a FONSI
is appropriate.
Proposed Action
The proposed action is to grant an
amendment to license No. 34–00507–16
that would allow the licensee to store
the activated control rods in two
commercially available on-site storage
containers (one inside the other) on an
outdoor storage pad in accordance with
10 CFR part 30, ‘‘Rules of General
Applicability to Domestic Licensing of
Byproduct Material,’’ and 10 CFR part
20, ‘‘Standards for Protection Against
Radiation,’’ and related NRC guidance
documents. The NASA John H. Glenn
Research Center currently possesses two
NRC reactor licenses (TR–3 and R–93),
and one byproduct materials license
authorizing activities at the Plum Brook
Station facility. The licensee proposes to
transfer possession of the activated
control rods from the reactor license to
the byproduct materials license. The
responsibility for storage and oversight
of the control rods will remain with
NASA, but will be transferred to the
NASA John H. Glenn Research Center’s
byproduct material license.
The Need for the Proposed Action
The licensee is requesting this license
amendment for the temporary storage of
the activated rods to facilitate the
decommissioning of its Plum Brook
Reactor Facility, which was shutdown
in 1973. The licensee’s
decommissioning plan for the Plum
Brook Reactor Facility was approved by
the NRC on March 20, 2002 (ADAMS
Accession No. ML020390069). The
licensee is required by license condition
to complete decommissioning of the
reactor site by December 31, 2007. The
licensee must conduct remedial action
status surveys to ensure that the
contaminated material has been
removed to levels consistent with limits
for unrestricted release specified in 10
CFR part 20 subpart E, ‘‘Radiological
Criteria for License Termination,’’
section 20.1401, ‘‘General Provisions
and Scope’’ which limits the total dose
for unrestricted release to 25 millirem
per year. After the Commission verifies
that the release criteria have been met,
the reactor license will be terminated.
However, the licensee has determined
that the activated rods are categorized as
a ‘‘Class C’’ waste per 10 CFR 61.55,
‘‘Waste Classification,’’ based upon their
radiological composition. The presence
of the cadmium modifies the waste
categorization to a ‘‘Mixed Class C’’
waste, and currently there are no
disposal sites commercially available for
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such wastes. Thus, the continued
presence of the activated control rods on
the Plum Brook Reactor Facility site
could prevent NASA from meeting the
December 31, 2007, completion date.
Alternatives to the Proposed Action
There are two possible alternatives to
the proposed action of allowing the onsite transfer of the control rods between
the two NASA licenses at the Plum
Brook Station. The first option is no
action, and the second is to have the
cadmium separated from the activated
stainless steel with the endpoint being
a Class C waste that would not be
classified as a toxic waste. The licensee
indicated in a letter dated May 25, 2005
(ADAMS Accession No. ML051930478),
that the licensee did not think it was
necessary to continue pursuing this
reprocessing pathway, which would be
costly, and the outcome of which would
be uncertain. Rather, the licensee
believes that it is in the best interest of
the government to transfer the control
rods to one of the appropriate U.S.
Department of Energy (DOE) disposal
sites, once they become available. Under
the no-action alternative, the rods
would remain under the authority of
NASA’s NRC reactor license. Denial of
the license amendment request would
result in no change to current
conditions at the facility. Neither of the
alternatives are acceptable because they
could result in the licensee being in
violation of its NRC reactor license,
which requires the licensee to
decommission its Plum Brook Reactor
Facility by December 31, 2007. The
alternatives would also impose an
unnecessary regulatory burden and limit
potential benefits from future use of the
former reactor site. Also, as discussed
below, there are minimal, if any, effects
from the proposed action to establish
the temporary interim storage area.
Thus, the alternatives are not
considered reasonable or cost effective,
and they are not addressed any further
in this environmental assessment.
Environmental Impacts of the Proposed
Action
The objective of the temporary storage
pad is to accommodate and ensure
continued decommissioning of a former
NASA reactor site. The presence of the
activated control rods could delay
termination of the reactor license. The
movement of the rods from the reactor
site for storage in a commercially
available on-site storage container on
the temporary pad is considered an
interim measure, and NASA is required
by license commitments (see, e.g. letter
dated May 25, 2005 (ADAMS Accession
No. ML051930478)), and NRC license
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Federal Register / Vol. 70, No. 155 / Friday, August 12, 2005 / Notices
condition, to find an appropriate
disposal site as expeditiously as
possible, but no later than the year 2010.
The storage of the control rods will not
involve any physical or chemical work,
which could damage or change the
integrity of the solid metal control rods.
The licensee’s license also does not
authorize any processing or destructive
work on the control rods in any way,
such that under normal conditions
radioactive materials will not be
released.
The 6400 acres that comprise the
Plum Brook Station Federal Reservation
are surrounded by a ten-feet high chainlink fence with barbed wire. The federal
reservation can be accessed only
through guarded gates. The site also
possesses an on-site security force. The
temporary rod storage pad is located to
the south of the Plum Brook Station’s
Building 9209, Shipping and Receiving
Building, in the ‘‘Excess Materials
Storage Yard.’’ This storage yard is
surrounded by a chain-link security
fence. Both the Excess Materials Storage
Yard and the on-site storage container
can be accessed only by designated
persons with keys to locked gates.
The concrete storage pad is 18 inches
thick, and 17 feet square, and is
surrounded by its own 8 feet high and
24 feet square chain-link security fence.
The on-site storage container was
manufactured by Dufrane Nuclear
Shielding, Inc., and is identified as a
‘‘Secure Environmental Container,’’
Model 8–120–H. The seven activated
control rods, which weigh 45 pounds
each, will be placed in a commercially
available polyethylene high integrity
container, manufactured by Dufrane,
Model OP–246, and will be placed in
the on-site storage container.
The pad site was selected and
evaluated by a NASA Senior Project
Engineer (Professional Engineer). The
location chosen is a gravel-covered yard,
which has been used as a large
equipment lay down area since the
1960s. The Senior Project Engineer
evaluated the pad and the effects of the
loading of the commercially available
on-site storage container on it to
ascertain whether the pad could
adequately hold the weight without
detrimental shifting or sinking. The
Senior Project Engineer, in a February
16, 2005, memorandum (ADAMS
Accession No. ML052130172), certified
‘‘that the soil and concrete pad can
accommodate the weight of the secure
environmental container for the
foreseeable storage period.’’
The activated control rods are
constructed primarily of stainless steel,
with some cadmium. The radiological
activation constituents of the rods were
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identified as: hydrogen-3, carbon-14,
iron-55, nickel-59, cobalt-60, nickel-63,
niobium-94, and technetium-99.
The on-site storage container offers at
least five inches of lead equivalent
shielding. The dose rates on contact
with the on-site storage container are
estimated to be approximately ten
millirem per hour. The perimeter fence
around the on-site storage container was
placed at a distance, based on radiation
dose projections, such that the need for
controlling access to areas around the
on-site storage container for radiation
protection purposes is not necessary.
The licensee determined, using a
computer radiation shielding modeling
program, that the estimated dose rate at
the perimeter fence will be well below
the two millirem in any one hour limit
as specified in 10 CFR part 20, subpart
D, ‘‘Radiation Dose Limits for Individual
Members of the Public.’’
The NRC staff also considered
potential impacts on air quality,
groundwater, and surface water runoff.
The radioactive materials will be
monitored and controlled by
implementation of the NRC-approved
radiation protection program, along
with a license restriction which
precludes physical work on the
activated control rods. Together with
the limitation of on-site storage in a
commercially designed shielded secure
environmental container in an accesscontrolled storage area, these controls
provide assurance that the radioactive
materials will not have any impacts on
air quality, groundwater, or surface
water runoff.
The NRC staff has also considered
other resources not impacted, such as
transportation, potential noise, or
socioeconomic effects. Again, based on
the small size of the storage area, the
limited handling of the control rods,
NASA’s ongoing industrial and research
operations, and previous use of the
facility at the site of the proposed
action, potential noise, socioeconomic,
or transportation effects are considered
unlikely. Therefore, no further
consideration for these areas is
considered necessary.
The licensee will utilize an area that
is currently being used for storage of
construction and industrial material and
the area is of small size (17 feet square),
and there is no processing of radioactive
materials. Physical barriers will be in
place to prevent the release of
radioactive material into the
environment. These barriers would also
prevent wildlife access. Therefore, NRC
staff has determined that the proposed
action will not affect listed species or
critical habitats.
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Conclusion
The staff has examined the licensee’s
request and the information provided in
support of its request, which included
security, audits, environmental impacts
on the storage container, and the dose
modeling data performed to
demonstrate compliance with radiation
protection criteria for persons working
in and around the storage area. Based on
its review of the specific proposed
activities associated with the transfer of
the control rods from the authority of
the John H. Glenn Research Center’s
Plum Brook Reactor Facility license to
the John H. Glenn Research Center’s
byproduct material license No. 34–
00507–16, the NRC staff concludes that
the proposed action will not increase
the probability or consequences of
accidents, no changes are being made in
the types of any effluents that may be
released off site, and there is no
significant increase in occupational or
public radiation exposure. Therefore,
there are no significant radiological
environmental impacts associated with
the proposed action.
Agencies and Persons Contacted
The NRC staff has determined that the
proposed action will not affect listed
species or critical habitats. Therefore, no
further consultation is required under
section 7 of the Endangered Species Act.
Likewise, the NRC staff has determined
that the proposed action is not a type of
activity that has potential to cause effect
on historic properties. Therefore,
consultation under section 106 of the
National Historic Preservation Act is not
required.
The NRC consulted with the Ohio
Department of Health, Bureau of
Radiation Protection. The Ohio
Department of Health was provided the
draft EA for comment on July 13, 2005.
The State responded back to the NRC on
July 18, 2005, and indicated the
following: ‘‘Provided all license
conditions and commitments remain
intact, the Ohio Department of Health,
Bureau of Radiation Protection concurs
with the NRC’s Finding of No
Significant Impact from the
Environmental Assessment related to
the issuance of a license amendment to
NASA’s byproduct material license No.
34–00507–16.’’ The NRC staff did not
make any deletions to the NASA’s
license, but did add the following
license condition, ‘‘The licensee will
continue to take all actions within its
ability to dispose of its material and
notify NRC within 30 days if disposal is
achieved.’’
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Federal Register / Vol. 70, No. 155 / Friday, August 12, 2005 / Notices
III. Finding of No Significant Impact
Pursuant to 10 CFR part 51, the NRC
staff has considered the environmental
consequences of the proposed action to
allow the licensee to amend its license
for the temporary storage of the
activated control rods. On the basis of
this EA, the NRC staff concludes that
the proposed action will not have a
significant effect on the quality of the
human environment. Accordingly, the
NRC has determined not to prepare an
environmental impact statement for the
proposed action.
IV. Further Information
A copy of this document will be
available electronically for public
inspection in the NRC Public Document
Room or from the Publicly Available
Records (PARS) component of the
NRC’s document system. From this site,
you can access the NRC’s Agencywide
Document Access and Management
System (ADAMS), which provides text
and image files of NRC’s public
documents. The following references are
available for inspection at NRC’s Public
Electronic Reading Room at https://
www.nrc.gov/reading-rm/adams.html
(the Public Electronic Reading Room).
1. Blotzer, Michael J., NASA letter to
the NRC dated September 8, 2004,
‘‘requesting license amendment for
possession and storage of seven control
rods from the Plum Brook Research
Reactor (ADAMS Accession No.
ML042590171).’’
2. Kortes, Trudy E., NEPA Program
Manager, NASA Glenn Research Center,
email dated March 3, 2005, ‘‘PRBF Rod
Storage/NEPA issue’’ (ADAMS
Accession No. ML052130148).
3. Blasio, Chris, Radiation Safety
Officer, John H. Glenn Research Center,
NASA, facsimile to NRC dated March
21, 2005, ‘‘Maintenance Plan and PE
letter for OSSC holding control rods’’
(ADAMS Accession No. ML052130155).
4. NRC Telephone Conversation
record dated April 27, 2005,
documenting call with Christopher
Blasio, Radiation Safety Officer, John H.
Glenn Research Center, ‘‘Request for
Additional Information Regarding
Request for a Possession Only License
Authorization for Activated Cadmium
Control Rods on a Temporary Storage
Pad’’ (ADAMS Accession No.
ML052130155).
5. McCann, George M., Senior Health
Physicist, Decommissioning Branch,
Division of Nuclear Material Safety,
NRC Region III, email dated April 29,
2005, ‘‘Additional Information
(Regarding pad and Microshield data)’’
(ADAMS Accession No. ML052130213).
6. Blasio, Christopher, Radiation
Safety Officer, John H. Glenn Research
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Center, NASA, e-mail dated May 6,
2005, ‘‘Additional Information (1. Pad
design, 2. Microshield calculations, and
3. Updated/survey sheet for On Site
Storage Container)’’ (ADAMS Accession
No. ML052130217).
7. Blasio, Christopher J., Radiation
Safety Officer, NASA John H. Glenn
Research Center, letter dated May 25,
2005, ‘‘Resubmission of additional
information to Control No. 314017,
Docket No. 030–05626 (ADAMS
Accession No. ML051930478).’’
8. NRC, NUREG–1748,
‘‘Environmental Review Guidance for
Licensing Actions Associated With
NMSS Programs,’’ July 2003.
9. NRC, NUREG–1757, ‘‘Consolidated
NMSS Decommissioning Guidance,’’
Volumes 1–3, September 2003.
10. NRC, Policy and Guidance
Directive (PG) 1–27, Revision 0,
‘‘Reviewing Requests to Convert Active
Licenses to Possession-Only Licenses,’’
February 22, 2000.
11. NRC, Policy and Guidance
Directive, PG–9–12, ‘‘Reviewing Efforts
to Dispose of Licensed Material and
Requesting DOE Assistance.’’
If you do not have access to ADAMS
or if there are problems in accessing the
documents located in ADAMS, contact
the NRC Public Document Room (PDR)
reference staff at (800) 397–4209, (301)
415–4737 or by e-mail to pdr@nrc.gov.
Documents may also be viewed
electronically on the public computers
located at the NRC’s PDR, O 1 F21, One
White Flint North, 11555 Rockville
Pike, Rockville, MD 20852. The PDR
reproduction contractor will copy
documents for a fee.
Dated in Lisle, Illinois, this 5th day of
August 2005.
For the Nuclear Regulatory Commission.
Jamnes L. Cameron,
Chief, Decommissioning Branch, Division of
Nuclear Materials Safety, Region III.
[FR Doc. E5–4372 Filed 8–11–05; 8:45 am]
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Rule 10A–1 implements the reporting
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E:\FR\FM\12AUN1.SGM
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[Federal Register Volume 70, Number 155 (Friday, August 12, 2005)]
[Notices]
[Pages 47264-47267]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-4372]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 030-05626]
Notice of Environmental Assessment Related to the Issuance of a
License Amendment to Byproduct Material License No. 34-00507-16, for
the National Aeronautics And Space Administration, Cleveland, OH
AGENCY: Nuclear Regulatory Commission.
ACTION: Environmental Assessment and Finding of No Significant Impact
for license amendment.
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FOR FURTHER INFORMATION CONTACT: George M. McCann, Senior Health
Physicist, Decommissioning Branch, Division of Nuclear Materials
Safety, Region III, U.S. Nuclear Regulatory Commission, 2443
Warrenville Road, Lisle, Illinois 60532-4352; telephone: (630) 829-
9856; or by e-mail at gmm@nrc.gov.
[[Page 47265]]
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory Commission (NRC) is considering the
issuance of an amendment to NRC materials license No. 34-00507-16 to
allow the National Aeronautics and Space Administration (NASA), the
licensee, to temporarily store seven activated control rods containing
cadmium in a commercially available on-site storage container on an
outdoor storage pad located at its Plum Brook Station, a federal
reservation, in Sandusky, Ohio. The NRC has prepared an Environmental
Assessment (EA) in support of this action in accordance with the
requirements of 10 CFR part 51. Based on the EA, the NRC has determined
that a Finding of No Significant Impact (FONSI) is appropriate.
II. Environmental Assessment
Background
The licensee submitted a license amendment to the U.S. Nuclear
Regulatory Commission (NRC) by letter dated December 15, 2004 (ADAMS
Accession No. ML043560196). The licensee requested that the NRC approve
the temporary storage of seven activated control rods containing
cadmium in two commercially available ``on-site storage containers''
(one inside the other) on an outdoor pad, located at its Plum Brook
Station in Sandusky, Ohio. The control rods are from the licensee's
former Plum Brook Research Reactor facility, which is currently
undergoing decommissioning. The NRC is considering the issuance of an
amendment to the licensee's John H. Glenn Research Center materials
license 34-00507-16, which currently authorizes NASA to possess
byproduct materials for research and development activities at its
research facilities, which are also located at the Plum Brook Station
Federal Reservation. If approved by the NRC, the licensee will be
authorized to possess, for temporary storage, the activated control
rods in commercially available on site storage containers on an outdoor
pad.
The NRC has prepared an Environmental Assessment (EA) in support of
this licensing action in accordance with the requirements of title 10,
Code of Federal Regulations (CFR), part 51, ``Environmental Protection
Regulations for Domestic Licensing and Related Regulatory Functions.''
The EA was developed to provide sufficient evidence and analysis for
determining whether to prepare an Environmental Impact Statement or
Finding of No Significant Impact (FONSI). Based on the results of the
EA, the NRC has determined that a FONSI is appropriate.
Proposed Action
The proposed action is to grant an amendment to license No. 34-
00507-16 that would allow the licensee to store the activated control
rods in two commercially available on-site storage containers (one
inside the other) on an outdoor storage pad in accordance with 10 CFR
part 30, ``Rules of General Applicability to Domestic Licensing of
Byproduct Material,'' and 10 CFR part 20, ``Standards for Protection
Against Radiation,'' and related NRC guidance documents. The NASA John
H. Glenn Research Center currently possesses two NRC reactor licenses
(TR-3 and R-93), and one byproduct materials license authorizing
activities at the Plum Brook Station facility. The licensee proposes to
transfer possession of the activated control rods from the reactor
license to the byproduct materials license. The responsibility for
storage and oversight of the control rods will remain with NASA, but
will be transferred to the NASA John H. Glenn Research Center's
byproduct material license.
The Need for the Proposed Action
The licensee is requesting this license amendment for the temporary
storage of the activated rods to facilitate the decommissioning of its
Plum Brook Reactor Facility, which was shutdown in 1973. The licensee's
decommissioning plan for the Plum Brook Reactor Facility was approved
by the NRC on March 20, 2002 (ADAMS Accession No. ML020390069). The
licensee is required by license condition to complete decommissioning
of the reactor site by December 31, 2007. The licensee must conduct
remedial action status surveys to ensure that the contaminated material
has been removed to levels consistent with limits for unrestricted
release specified in 10 CFR part 20 subpart E, ``Radiological Criteria
for License Termination,'' section 20.1401, ``General Provisions and
Scope'' which limits the total dose for unrestricted release to 25
millirem per year. After the Commission verifies that the release
criteria have been met, the reactor license will be terminated.
However, the licensee has determined that the activated rods are
categorized as a ``Class C'' waste per 10 CFR 61.55, ``Waste
Classification,'' based upon their radiological composition. The
presence of the cadmium modifies the waste categorization to a ``Mixed
Class C'' waste, and currently there are no disposal sites commercially
available for such wastes. Thus, the continued presence of the
activated control rods on the Plum Brook Reactor Facility site could
prevent NASA from meeting the December 31, 2007, completion date.
Alternatives to the Proposed Action
There are two possible alternatives to the proposed action of
allowing the on-site transfer of the control rods between the two NASA
licenses at the Plum Brook Station. The first option is no action, and
the second is to have the cadmium separated from the activated
stainless steel with the endpoint being a Class C waste that would not
be classified as a toxic waste. The licensee indicated in a letter
dated May 25, 2005 (ADAMS Accession No. ML051930478), that the licensee
did not think it was necessary to continue pursuing this reprocessing
pathway, which would be costly, and the outcome of which would be
uncertain. Rather, the licensee believes that it is in the best
interest of the government to transfer the control rods to one of the
appropriate U.S. Department of Energy (DOE) disposal sites, once they
become available. Under the no-action alternative, the rods would
remain under the authority of NASA's NRC reactor license. Denial of the
license amendment request would result in no change to current
conditions at the facility. Neither of the alternatives are acceptable
because they could result in the licensee being in violation of its NRC
reactor license, which requires the licensee to decommission its Plum
Brook Reactor Facility by December 31, 2007. The alternatives would
also impose an unnecessary regulatory burden and limit potential
benefits from future use of the former reactor site. Also, as discussed
below, there are minimal, if any, effects from the proposed action to
establish the temporary interim storage area. Thus, the alternatives
are not considered reasonable or cost effective, and they are not
addressed any further in this environmental assessment.
Environmental Impacts of the Proposed Action
The objective of the temporary storage pad is to accommodate and
ensure continued decommissioning of a former NASA reactor site. The
presence of the activated control rods could delay termination of the
reactor license. The movement of the rods from the reactor site for
storage in a commercially available on-site storage container on the
temporary pad is considered an interim measure, and NASA is required by
license commitments (see, e.g. letter dated May 25, 2005 (ADAMS
Accession No. ML051930478)), and NRC license
[[Page 47266]]
condition, to find an appropriate disposal site as expeditiously as
possible, but no later than the year 2010. The storage of the control
rods will not involve any physical or chemical work, which could damage
or change the integrity of the solid metal control rods. The licensee's
license also does not authorize any processing or destructive work on
the control rods in any way, such that under normal conditions
radioactive materials will not be released.
The 6400 acres that comprise the Plum Brook Station Federal
Reservation are surrounded by a ten-feet high chain-link fence with
barbed wire. The federal reservation can be accessed only through
guarded gates. The site also possesses an on-site security force. The
temporary rod storage pad is located to the south of the Plum Brook
Station's Building 9209, Shipping and Receiving Building, in the
``Excess Materials Storage Yard.'' This storage yard is surrounded by a
chain-link security fence. Both the Excess Materials Storage Yard and
the on-site storage container can be accessed only by designated
persons with keys to locked gates.
The concrete storage pad is 18 inches thick, and 17 feet square,
and is surrounded by its own 8 feet high and 24 feet square chain-link
security fence. The on-site storage container was manufactured by
Dufrane Nuclear Shielding, Inc., and is identified as a ``Secure
Environmental Container,'' Model 8-120-H. The seven activated control
rods, which weigh 45 pounds each, will be placed in a commercially
available polyethylene high integrity container, manufactured by
Dufrane, Model OP-246, and will be placed in the on-site storage
container.
The pad site was selected and evaluated by a NASA Senior Project
Engineer (Professional Engineer). The location chosen is a gravel-
covered yard, which has been used as a large equipment lay down area
since the 1960s. The Senior Project Engineer evaluated the pad and the
effects of the loading of the commercially available on-site storage
container on it to ascertain whether the pad could adequately hold the
weight without detrimental shifting or sinking. The Senior Project
Engineer, in a February 16, 2005, memorandum (ADAMS Accession No.
ML052130172), certified ``that the soil and concrete pad can
accommodate the weight of the secure environmental container for the
foreseeable storage period.''
The activated control rods are constructed primarily of stainless
steel, with some cadmium. The radiological activation constituents of
the rods were identified as: hydrogen-3, carbon-14, iron-55, nickel-59,
cobalt-60, nickel-63, niobium-94, and technetium-99.
The on-site storage container offers at least five inches of lead
equivalent shielding. The dose rates on contact with the on-site
storage container are estimated to be approximately ten millirem per
hour. The perimeter fence around the on-site storage container was
placed at a distance, based on radiation dose projections, such that
the need for controlling access to areas around the on-site storage
container for radiation protection purposes is not necessary. The
licensee determined, using a computer radiation shielding modeling
program, that the estimated dose rate at the perimeter fence will be
well below the two millirem in any one hour limit as specified in 10
CFR part 20, subpart D, ``Radiation Dose Limits for Individual Members
of the Public.''
The NRC staff also considered potential impacts on air quality,
groundwater, and surface water runoff. The radioactive materials will
be monitored and controlled by implementation of the NRC-approved
radiation protection program, along with a license restriction which
precludes physical work on the activated control rods. Together with
the limitation of on-site storage in a commercially designed shielded
secure environmental container in an access-controlled storage area,
these controls provide assurance that the radioactive materials will
not have any impacts on air quality, groundwater, or surface water
runoff.
The NRC staff has also considered other resources not impacted,
such as transportation, potential noise, or socioeconomic effects.
Again, based on the small size of the storage area, the limited
handling of the control rods, NASA's ongoing industrial and research
operations, and previous use of the facility at the site of the
proposed action, potential noise, socioeconomic, or transportation
effects are considered unlikely. Therefore, no further consideration
for these areas is considered necessary.
The licensee will utilize an area that is currently being used for
storage of construction and industrial material and the area is of
small size (17 feet square), and there is no processing of radioactive
materials. Physical barriers will be in place to prevent the release of
radioactive material into the environment. These barriers would also
prevent wildlife access. Therefore, NRC staff has determined that the
proposed action will not affect listed species or critical habitats.
Conclusion
The staff has examined the licensee's request and the information
provided in support of its request, which included security, audits,
environmental impacts on the storage container, and the dose modeling
data performed to demonstrate compliance with radiation protection
criteria for persons working in and around the storage area. Based on
its review of the specific proposed activities associated with the
transfer of the control rods from the authority of the John H. Glenn
Research Center's Plum Brook Reactor Facility license to the John H.
Glenn Research Center's byproduct material license No. 34-00507-16, the
NRC staff concludes that the proposed action will not increase the
probability or consequences of accidents, no changes are being made in
the types of any effluents that may be released off site, and there is
no significant increase in occupational or public radiation exposure.
Therefore, there are no significant radiological environmental impacts
associated with the proposed action.
Agencies and Persons Contacted
The NRC staff has determined that the proposed action will not
affect listed species or critical habitats. Therefore, no further
consultation is required under section 7 of the Endangered Species Act.
Likewise, the NRC staff has determined that the proposed action is not
a type of activity that has potential to cause effect on historic
properties. Therefore, consultation under section 106 of the National
Historic Preservation Act is not required.
The NRC consulted with the Ohio Department of Health, Bureau of
Radiation Protection. The Ohio Department of Health was provided the
draft EA for comment on July 13, 2005. The State responded back to the
NRC on July 18, 2005, and indicated the following: ``Provided all
license conditions and commitments remain intact, the Ohio Department
of Health, Bureau of Radiation Protection concurs with the NRC's
Finding of No Significant Impact from the Environmental Assessment
related to the issuance of a license amendment to NASA's byproduct
material license No. 34-00507-16.'' The NRC staff did not make any
deletions to the NASA's license, but did add the following license
condition, ``The licensee will continue to take all actions within its
ability to dispose of its material and notify NRC within 30 days if
disposal is achieved.''
[[Page 47267]]
III. Finding of No Significant Impact
Pursuant to 10 CFR part 51, the NRC staff has considered the
environmental consequences of the proposed action to allow the licensee
to amend its license for the temporary storage of the activated control
rods. On the basis of this EA, the NRC staff concludes that the
proposed action will not have a significant effect on the quality of
the human environment. Accordingly, the NRC has determined not to
prepare an environmental impact statement for the proposed action.
IV. Further Information
A copy of this document will be available electronically for public
inspection in the NRC Public Document Room or from the Publicly
Available Records (PARS) component of the NRC's document system. From
this site, you can access the NRC's Agencywide Document Access and
Management System (ADAMS), which provides text and image files of NRC's
public documents. The following references are available for inspection
at NRC's Public Electronic Reading Room at https://www.nrc.gov/reading-
rm/adams.html (the Public Electronic Reading Room).
1. Blotzer, Michael J., NASA letter to the NRC dated September 8,
2004, ``requesting license amendment for possession and storage of
seven control rods from the Plum Brook Research Reactor (ADAMS
Accession No. ML042590171).''
2. Kortes, Trudy E., NEPA Program Manager, NASA Glenn Research
Center, email dated March 3, 2005, ``PRBF Rod Storage/NEPA issue''
(ADAMS Accession No. ML052130148).
3. Blasio, Chris, Radiation Safety Officer, John H. Glenn Research
Center, NASA, facsimile to NRC dated March 21, 2005, ``Maintenance Plan
and PE letter for OSSC holding control rods'' (ADAMS Accession No.
ML052130155).
4. NRC Telephone Conversation record dated April 27, 2005,
documenting call with Christopher Blasio, Radiation Safety Officer,
John H. Glenn Research Center, ``Request for Additional Information
Regarding Request for a Possession Only License Authorization for
Activated Cadmium Control Rods on a Temporary Storage Pad'' (ADAMS
Accession No. ML052130155).
5. McCann, George M., Senior Health Physicist, Decommissioning
Branch, Division of Nuclear Material Safety, NRC Region III, email
dated April 29, 2005, ``Additional Information (Regarding pad and
Microshield data)'' (ADAMS Accession No. ML052130213).
6. Blasio, Christopher, Radiation Safety Officer, John H. Glenn
Research Center, NASA, e-mail dated May 6, 2005, ``Additional
Information (1. Pad design, 2. Microshield calculations, and 3.
Updated/survey sheet for On Site Storage Container)'' (ADAMS Accession
No. ML052130217).
7. Blasio, Christopher J., Radiation Safety Officer, NASA John H.
Glenn Research Center, letter dated May 25, 2005, ``Resubmission of
additional information to Control No. 314017, Docket No. 030-05626
(ADAMS Accession No. ML051930478).''
8. NRC, NUREG-1748, ``Environmental Review Guidance for Licensing
Actions Associated With NMSS Programs,'' July 2003.
9. NRC, NUREG-1757, ``Consolidated NMSS Decommissioning Guidance,''
Volumes 1-3, September 2003.
10. NRC, Policy and Guidance Directive (PG) 1-27, Revision 0,
``Reviewing Requests to Convert Active Licenses to Possession-Only
Licenses,'' February 22, 2000.
11. NRC, Policy and Guidance Directive, PG-9-12, ``Reviewing
Efforts to Dispose of Licensed Material and Requesting DOE
Assistance.''
If you do not have access to ADAMS or if there are problems in
accessing the documents located in ADAMS, contact the NRC Public
Document Room (PDR) reference staff at (800) 397-4209, (301) 415-4737
or by e-mail to pdr@nrc.gov. Documents may also be viewed
electronically on the public computers located at the NRC's PDR, O 1
F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852.
The PDR reproduction contractor will copy documents for a fee.
Dated in Lisle, Illinois, this 5th day of August 2005.
For the Nuclear Regulatory Commission.
Jamnes L. Cameron,
Chief, Decommissioning Branch, Division of Nuclear Materials Safety,
Region III.
[FR Doc. E5-4372 Filed 8-11-05; 8:45 am]
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