Revisions to Environmental Review for Renewal of Nuclear Power Plant Operating Licenses, 38117-38140 [E9-18284]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 74, Number 146 (Friday, July 31, 2009)]
[Proposed Rules]
[Pages 38117-38140]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-18284]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 74, No. 146 / Friday, July 31, 2009 / 
Proposed Rules

[[Page 38117]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 51

RIN 3150-AI42
[NRC-2008-0608]


Revisions to Environmental Review for Renewal of Nuclear Power 
Plant Operating Licenses

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is proposing to amend 
its environmental protection regulations by updating the Commission's 
1996 findings on the environmental impacts related to the renewal of a 
nuclear power plant's operating license. The Commission stated that it 
intends to review the assessment of impacts and update it on a 10-year 
cycle, if necessary. The proposed rule redefines the number and scope 
of the environmental impact issues which must be addressed by the 
Commission in conjunction with the review of applications for license 
renewal. As part of this 10-year update, the NRC revised the 1996 
Generic Environmental Impact Statement (GEIS) for License Renewal of 
Nuclear Plants. Concurrent with the amendments described in this 
proposed rule, the NRC is publishing for comment the revised GEIS, a 
revised Regulatory Guide 4.2, Supplement 1, Preparation of 
Environmental Reports for Nuclear Power Plant License Renewal 
Applications, and a revised Environmental Standard Review Plan, 
Standard Review Plans for Environmental Reviews for Nuclear Power 
Plants, Supplement 1: Operating License Renewal.

DATES: Comments on this proposed rule, its information collection 
aspects and its draft regulatory analysis should be submitted by 
October 14, 2009. Comments on the revised GEIS (NUREG-1437, Revision 
1); Regulatory Guide (RG) 4.2, Supplement 1, Revision 1; and 
Environmental Standard Review Plan (ESRP), Supplement 1, Revision 1 
(NUREG-1555), should be submitted by October 14, 2009.

ADDRESSES: Comments may be submitted by letter or electronic mail and 
will be made available for public inspection. Because comments will not 
be edited to remove any identification or contact information, such as 
name, addresses, telephone number, e-mail address, etc., the NRC 
cautions against including any personal information in your submissions 
that you do not want to be publicly disclosed. The NRC requests that 
any party soliciting or aggregating comments received from other 
persons for submission to the NRC inform these persons that the NRC 
will not edit their comments to remove any identifying or comment 
information, and therefore, they should not include any information in 
their comments that they do not want publicly disclosed.
    Federal eRulemaking Portal: Go to https://www.regulations.gov and 
search for documents filed under Docket ID [NRC-2008-0608]. Address 
questions about NRC dockets to Carol Gallagher, (301) 492-3668; e-mail 
Carol.Gallagher@nrc.gov.
    Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff.
    E-mail comments to: Rulemaking.Comments@nrc.gov. If you do not 
receive a reply e-mail confirming that we have received your comments, 
contact us directly at (301) 415-1677.
    Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at 
(301) 415-1101.
    Publicly available documents related to this rulemaking may be 
accessed using the following methods:
    NRC's Public Document Room (PDR): Publicly available documents may 
be examined at the NRC's PDR, Public File Area O1-F21, One White Flint 
North, 11555 Rockville Pike, Rockville, Maryland. The PDR reproduction 
contractor will copy documents for a fee.
    NRC's Agencywide Document Access and Management System (ADAMS): 
Publicly available documents created or received at the NRC are 
available electronically at the NRC's Electronic Reading Room at https://www.nrc.gov/reading-rm/adams.html. From this link, the public can gain 
entry into ADAMS, which provides text and image files of NRC's public 
documents. If problems are encountered accessing documents in ADAMS, 
contact the NRC's PDR reference staff at (800) 397-4209, or (301) 415-
4737, or by e-mail to PDR.resource@nrc.gov.

FOR FURTHER INFORMATION CONTACT: Mr. Jason Lising, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone (301) 415-3220; e-mail: Jason.Lising@nrc.gov; or 
Ms. Jennifer Davis, Office of Nuclear Reactor Regulation, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001; telephone (301) 415-
3835; e-mail: Jennifer.Davis@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Introduction
II. Background
III. Public Comments
IV. Discussion
V. Proposed Actions and Basis for Changes to Table B-1
VI. Section-by-Section Analysis
VII. Specific Request for Comments
VIII. Guidance Documents
IX. Agreement State Compatibility
X. Availability of Documents
XI. Plain Language
XII. Voluntary Consensus Standards
XIII. Finding of No Significant Environmental Impact
XIV. Paperwork Reduction Act Statement
XV. Regulatory Analysis
XVI. Regulatory Flexibility Act Certification
XVII. Backfit Analysis

I. Introduction

    The NRC is proposing to amend Title 10, Part 51, ``Environmental 
Protection Regulations for Domestic Licensing and Related Regulatory 
Functions,'' of the Code of Federal Regulations (10 CFR Part 51) by 
updating Table B-1 in Appendix B to Subpart A of ``Summary of Findings 
on NEPA Issues for License Renewal of Nuclear Power Plants,'' and other 
related provisions in Part 51 (e.g., Sec.  51.53(c)(3)), which 
describes the requirements for the license renewal applicant's 
environmental report. These amendments are based on comments received 
from the public on NUREG-1437, ``Generic Environmental Impact Statement 
for License Renewal of Nuclear Plants'' (May 1996), referred to as the 
``1996 GEIS,'' and its Addendum 1 (August 1999), a review of plant-
specific supplemental environmental impact statements (SEISs) completed

[[Page 38118]]

since the GEIS was issued in 1996, lessons learned, and knowledge 
gained from the preparation of these SEISs. The NRC staff has prepared 
a draft revision to the 1996 GEIS, referred to as the ``revised GEIS,'' 
which updates the 1996 GEIS based upon consideration of the above 
described factors. The revised GEIS provides the technical basis for 
this proposed rule.
    In the 1996 GEIS and final rule (61 FR 28467, June 5, 1996), which 
promulgated Table B-1 and related provisions in Part 51, the Commission 
determined that certain environmental impacts associated with the 
renewal of a nuclear power plant operating license were the same or 
similar for all plants and as such, could be treated on a generic 
basis. In this way, repetitive reviews of these environmental impacts 
could be avoided. The Commission based its generic assessment of 
certain environmental impacts on the following factors:
    (1) License renewal will involve nuclear power plants for which the 
environmental impacts of operation are well understood as a result of 
lessons learned and knowledge gained from operating experience and 
completed license renewals.
    (2) Activities associated with license renewal are expected to be 
within this range of operating experience; thus, environmental impacts 
can be reasonably predicted.
    (3) Changes in the environment around nuclear power plants are 
gradual and predictable.
    The 1996 GEIS improved the efficiency of the license renewal 
process by (1) providing an evaluation of the types of environmental 
impacts that may occur from renewing commercial nuclear power plant 
operating licenses; (2) identifying and assessing impacts that are 
expected to be generic (i.e., the same or similar) at all nuclear 
plants or plants with specified plant or site characteristics; and (3) 
defining the number and scope of environmental impacts that need to be 
addressed in plant-specific SEISs.
    As stated in the 1996 final rule that incorporated the findings of 
the GEIS in Part 51, the NRC recognized that the assessment of the 
environmental impact issues might change over time, and that additional 
issues may be identified for consideration. This proposed rule is the 
result of the 10-year review conducted by the NRC on the information 
and findings currently presented in Table B-1 of Appendix B to Part 51.

II. Background

Rulemaking History

    In 1986, the NRC initiated a program to develop license renewal 
regulations and associated regulatory guidance in anticipation of 
applications for the renewal of nuclear power plant operating licenses. 
A solicitation for comments on the development of a policy statement 
was published in the Federal Register on November 6, 1986 (51 FR 
40334). However, the Commission decided to forgo the development of a 
policy statement and to proceed directly to rulemaking. An advance 
notice of proposed rulemaking was published on August 29, 1988 (53 FR 
32919). Subsequently, in addition to a decision to proceed with the 
development of license renewal regulations focused on the protection of 
health and safety, the NRC decided to amend its environmental 
protection regulations in Part 51.
    On October 13, 1989 (54 FR 41980), the NRC published a notice of 
its intent to hold a public workshop on license renewal on November 13 
and 14, 1989. One of the workshop sessions was devoted to the 
environmental issues associated with license renewal and the possible 
merit of amending 10 CFR Part 51. The workshop is summarized in NUREG/
CP-0108, ``Proceedings of the Public Workshop on Nuclear Power Plant 
License Renewal'' (April 1990). Responses to the public comments 
submitted after the workshop are summarized in NUREG-1411, ``Response 
to Public Comments Resulting from the Public Workshop on Nuclear Power 
Plant License Renewal'' (July 1990).
    On July 23, 1990, the NRC published an advance notice of proposed 
rulemaking (55 FR 29964) and a notice of intent to prepare a generic 
environmental impact statement (55 FR 29967). The proposed rule 
published on September 17, 1991 (56 FR 47016), described the supporting 
documents that were available and announced a public workshop to be 
held on November 4 and 5, 1991. The supporting documents for the 
proposed rule included:
    (1) NUREG-1437, ``Draft Generic Environmental Impact Statement for 
License Renewal of Nuclear Plants'' (August 1991);
    (2) NUREG-1440, ``Regulatory Analysis of Proposed Amendments to 
Regulations Concerning the Environmental Review for Renewal of Nuclear 
Power Plant Operating Licenses: Draft Report for Comment'' (August 
1991);
    (3) Draft Regulatory Guide DG-4002, Proposed Supplement 1 to 
Regulatory Guide 4.2, ``Guidance for the Preparation of Supplemental 
Environmental Reports in Support of an Application To Renew a Nuclear 
Power Station Operating License'' (August 1991); and
    (4) NUREG-1429, ``Environmental Standard Review Plan for the Review 
of License Renewal Applications for Nuclear Power Plants: Draft Report 
for Comment'' (August 1991).
    After the comment period, the Commission directed the NRC staff to 
discuss concerns raised by a number of States that certain features of 
the proposed rule conflicted with State regulatory authority over the 
need for power and utility economics. To facilitate these discussions, 
the NRC developed an options paper entitled, ``Addressing the Concerns 
of States and Others Regarding the Role of Need for Generating 
Capacity, Alternative Energy Sources, Utility Costs, and Cost-Benefit 
Analysis in NRC Environmental Reviews for Relicensing Nuclear Power 
Plants: An NRC Staff Discussion Paper.'' A Federal Register document 
published on January 18, 1994 (59 FR 2542), announced the scheduling of 
three regional workshops in February 1994 and the availability of the 
options paper. A fourth public meeting was held in May 1994 to address 
proposals that had been submitted after the regional workshops. After 
consideration of all comments, the NRC issued a supplement to the 
proposed rule on July 25, 1994 (59 FR 37724), to resolve concerns about 
the need for power and utility economics.
    The NRC published the final rule, ``Environmental Review for 
Renewal of Nuclear Power Plant Operating Licenses,'' on June 5, 1996 
(61 FR 28467). The final rule identified and assessed license renewal 
environmental impact issues for which a generic analysis had been 
performed and therefore, did not have to be addressed by a licensee in 
its environmental report or by the NRC staff in its SEIS. Similarly, 
the final rule identified and assessed those environmental impacts for 
which a site-specific analysis was required, both by the licensee in 
its environmental report and by the NRC staff in its SEIS. The final 
rule, amongst other amendments to Part 51, added Appendix B to Subpart 
A of Part 51. Appendix B included Table B-1, which summarizes the 
findings of NUREG-1437, ``Generic Environmental Impact Statement for 
License Renewal of Nuclear Plants,'' May 1996 (1996 GEIS).
    On December 18, 1996 (61 FR 66537), the NRC amended the final rule

[[Page 38119]]

published in June 1996 to incorporate minor clarifying and conforming 
changes and add language omitted from Table B-1. This amendment also 
analyzed comments received specific to the treatment of low-level waste 
storage and disposal impacts, the cumulative radiological effects from 
the uranium fuel cycle, and the effects from the disposal of high-level 
waste and spent fuel requested in the June 1996 final rule.
    On September 3, 1999 (64 FR 48496), the NRC amended the December 
1996 final rule to expand the generic findings about the environmental 
impacts resulting from transportation of fuel and waste to and from a 
single nuclear power plant. This amendment permitted the NRC to make a 
generic finding regarding these environmental impacts so that an 
analysis would not have to be repeated for each license renewal 
application. The amendment also incorporated rule language consistent 
with the findings in the 1996 GEIS, which addressed local traffic 
impacts attributable to continued operations of the nuclear power plant 
during the license renewal term. The Generic Environmental Impact 
Statement for License Renewal of Nuclear Plants: Main Report Section 
6.3--``Transportation,'' Table 9.1, ``Summary of Findings on NEPA 
Issues for License Renewal of Nuclear Power Plants,'' Final Report 
(NUREG-1437, Volume 1, Addendum 1), published in August 1999, provides 
the analysis supporting the amendment.
    The current proposed rulemaking began in June 2003 when the NRC 
issued a notice of intent to update the 1996 GEIS in the Federal 
Register (68 FR 33209). The original comment period began in June 2003 
and ended in September 2003. In October 2005 the scoping period was 
reopened until December 30, 2005 (70 FR 57628).

III. Public Comments

Scoping Process

    On June 3, 2003 (68 FR 33209), the NRC solicited public comments 
which provided the public with an opportunity to participate in the 
environmental scoping process, as defined in Sec.  51.26. In this 
notice, the NRC announced the intent to update the 1996 GEIS. The NRC 
conducted scoping meetings in each of the four NRC regions for the GEIS 
update. The scoping meetings were held in Atlanta, Georgia (July 8, 
2003), Oak Lawn, Illinois (July 10, 2003), Anaheim, California (July 
15, 2003), and Boston, Massachusetts (July 17, 2003). The public 
comment period closed in September 2003 and the project was inactive 
for the next two years due to limited staff resources and competing 
demands. On October 3, 2005 (70 FR 57628), the NRC reopened the public 
comment period and extended it until December 30, 2005. All comments 
submitted in response to the 2003 scoping request have been considered 
in preparing the revised GEIS and are publicly available. No comments 
were received during the 2005 public comment period.
    The official transcripts, written comments, and meeting summaries 
are available electronically for public inspection in the NRC Public 
Document Room (PDR) or from the Publicly Available Records (PARS) 
component of NRC's document system under ADAMS Accession Nos. 
ML032170942, ML032260339, ML032260715, and ML032170934. All comments 
and suggestions received orally or in writing during the scoping 
process were considered.
    The NRC has prepared a scoping summary report that is available 
electronically for public inspection in the NRC PDR or from the PARS 
component of ADAMS under Accession No. ML073450750. Additionally, the 
scoping summary is located in Appendix A in the revised GEIS.

IV. Discussion

1996 GEIS

    Under the NRC's environmental protection regulations in Part 51, 
which implements Section 102(2) of the National Environmental Policy 
Act of 1969 (NEPA), renewal of a nuclear power plant operating license 
requires the preparation of an environmental impact statement (EIS). To 
help in the preparation of individual operating license renewal EISs, 
the NRC prepared the 1996 GEIS.
    In 1996 and 1999, the Commission amended its environmental 
protection regulations in Part 51, to improve the efficiency of the 
environmental review process for applicants seeking to renew a nuclear 
power plant operating license for up to an additional 20 years. These 
amendments were based on the analyses reported in the 1996 GEIS.
    The 1996 GEIS summarizes the findings of a systematic inquiry into 
the environmental impacts of continued operations and refurbishment 
activities associated with license renewal. The NRC identified 92 
environmental impact issues. Of the 92 environmental issues analyzed, 
69 issues were resolved generically (i.e., Category 1), 21 would 
require a further plant-specific analysis (i.e., Category 2), and 2 
would require a site-specific assessment by the NRC prior to issuance 
of a renewed license (i.e., uncategorized). As part of a license 
renewal application, an applicant submits an environmental report to 
the NRC, and the NRC prepares a plant-specific SEIS to the 1996 GEIS.
    The GEIS assigns one of three impact levels (small, moderate, or 
large) to a given environmental resource (e.g., air, water, or soil). A 
small impact means that the environmental effects are not detectable, 
or are so minor that they will neither destabilize, nor noticeably 
alter, any important attribute of the resource. A moderate impact means 
that the environmental effects are sufficient to alter noticeably, but 
not to destabilize, important attributes of the resource. A large 
impact means that the environmental effects are clearly noticeable, and 
are sufficient to destabilize important attributes of the resource.
    Table B-1 in Appendix B to Part 51, summarizes the findings of the 
analyses conducted for the 1996 GEIS. Issues and processes common to 
all nuclear power plants having generic (i.e., the same or similar) 
environmental impacts are considered Category 1 issues. Category 2 
issues are those issues that cannot be generically dispositioned and 
would require a plant-specific analysis to determine the level of 
impact.
    The 1996 GEIS has been effective in focusing NRC resources on 
important environmental issues and increased the efficiency of the 
environmental review process. Currently, 51 nuclear units at 29 plant 
sites have received renewed licenses.

Revised GEIS

    The GEIS revision evaluates the environmental issues and findings 
of the 1996 GEIS. Lessons learned and knowledge gained during previous 
license renewal reviews provided a significant source of new 
information for this assessment. Public comments on previous plant-
specific license renewal reviews were analyzed to assess the existing 
environmental issues and identify new ones. The purpose of this 
evaluation was to determine if the findings presented in the 1996 GEIS 
remain valid. In doing so, the NRC considered the need to modify, add 
to, or delete any of the 92 environmental issues in the 1996 GEIS. 
After this evaluation, the staff carried forward 78 impact issues for 
detailed consideration in this GEIS revision. Fifty-eight of these 
issues were determined to be Category 1 and would not require 
additional plant-specific analysis. Of the remaining twenty issues, 
nineteen were determined to be Category 2 and one remained 
uncategorized. No

[[Page 38120]]

environmental issues identified in Table B-1 and in the 1996 GEIS were 
eliminated, but several were combined or regrouped according to 
similarities.
    Environmental issues in the revised GEIS are arranged by resource 
area. This perspective is a change from the 1996 GEIS in which 
environmental issues were arranged by power plant systems (e.g., 
cooling systems, transmission lines) and activities (e.g., 
refurbishment). The structure of the revised GEIS adopts the NRC's 
standard format for EISs as established in Part 51, Appendix A to 
Subpart A of Part 51--``Format for Presentation of Material in 
Environmental Impact Statements.'' The environmental impacts of license 
renewal activities, including plant operations and refurbishment along 
with replacement power alternatives, are addressed in each resource 
area. The revised GEIS summarizes environmental impact issues under the 
following resource areas: (1) Land use and visual resources; (2) 
meteorology, air quality, and noise; (3) geology, seismology, and 
soils; (4) hydrology (surface water and groundwater); (5) ecology 
(terrestrial ecology, aquatic ecology, threatened, endangered, and 
protected species and essential fish habitat); (6) historic and 
cultural resources; (7) socioeconomics; (8) human health (radiological 
and nonradiological hazards); (9) environmental justice; and (10) waste 
management and pollution prevention. The proposed rule revises Table B-
1 in Appendix B to Subpart A of Part 51 to follow the organizational 
format of the revised GEIS.
    Environmental impacts of license renewal and the resources that 
could be affected were identified in the revised GEIS. The general 
analytical approach for identifying environmental impacts was to (1) 
describe the nuclear power plant activity that could affect the 
resource, (2) identify the resource that is affected, (3) evaluate past 
license renewal reviews and other available information, (4) assess the 
nature and magnitude of the environmental impact on the affected 
resource, (5) characterize the significance of the effects, (6) 
determine whether the results of the analysis apply to all nuclear 
power plants (whether the impact issue is Category 1 or Category 2), 
and (7) consider additional mitigation measures for adverse impacts. 
Identification of environmental impacts (or issues) was conducted in an 
iterative rather than a stepwise manner. For example, after information 
was collected and levels of significance were reviewed, impacts were 
reexamined to determine if any should be removed, added, recombined, or 
divided.
    The Commission would like to emphasize that in complying with the 
NRC's environmental regulations under Sec.  51.53(c)(3)(iv) applicants 
are required to provide any new and significant information regarding 
the environmental impacts of license renewal of which the applicant is 
aware, even on Category 1 issues. The proposed amendments would not 
change this requirement.
    The revised GEIS retains the 1996 GEIS definitions of a Category 1 
and Category 2 issue. The revised GEIS discusses four major types of 
changes:
    (1) New Category 1 Issue: These issues would include Category 1 
issues not previously listed in the 1996 GEIS or multiple Category 1 
issues from the 1996 GEIS that have been combined into a Category 1 
issue in the revised GEIS. The applicant does not need to assess this 
issue in its environmental report. Under Sec.  51.53(c)(3)(iv), 
however, the applicant is responsible for reporting in the 
environmental report any ``new and significant information'' of which 
the applicant is aware. If the applicant is not aware of any new and 
significant information that would change the conclusion in the revised 
GEIS, the applicant would be required to state this determination in 
the environmental report. The NRC has addressed the environmental 
impacts of these Category 1 issues generically for all plants in the 
revised GEIS.
    (2) New Category 2 Issue: These issues would include Category 2 
issues not previously listed in the 1996 GEIS or multiple Category 2 
issues from the 1996 GEIS that have been combined into a Category 2 
issue in the revised GEIS. For each new Category 2 issue, the applicant 
would have to conduct an assessment of the potential environmental 
impacts related to that issue and include it in the environmental 
report. The assessment must include a discussion of (i) the possible 
actions to mitigate any adverse impacts associated with license renewal 
and (ii) the environmental impacts of alternatives to license renewal.
    (3) Existing Issue Category Change from Category 2 to Category 1: 
These would include issues that were considered as Category 2 in the 
1996 GEIS and would now be considered as Category 1 in the revised 
GEIS. An applicant would no longer be required to conduct an assessment 
on the environmental impacts associated with these issues. Consistent 
with the requirements of Sec.  51.53(c)(3)(iv), an applicant would only 
be required to describe in its environmental report any ``new and 
significant information'' of which it is aware.
    (4) Existing Issue Category Change from Category 1 to Category 2: 
These would include issues that were considered as Category 1 in the 
1996 GEIS and would now be considered as Category 2 in the revised 
GEIS. An applicant that previously did not have to provide an analysis 
on the environmental impacts associated with these issues would now be 
required to conduct an assessment of the environmental impacts and 
include it in the environmental report.

V. Proposed Actions and Basis for Changes to Table B-1

    The revised GEIS which is concurrently issued for public comment 
and publicly available (ADAMS Accession No. ML090220654) provides a 
summary change table comparing the ninety-two environmental issues in 
the 1996 GEIS with the seventy-eight environmental issues in the 
revised GEIS. The proposed rule amends Table B-1 in Appendix B to 
Subpart A, ``Summary of Findings on NEPA Issues for License Renewal of 
Nuclear Power Plants,'' to reflect the changes made in the revised 
GEIS. The changes to Table B-1 are described below:

(i) Land Use

    (1) Onsite Land Use--``Onsite land use'' remains a Category 1 
issue. The proposed rule makes minor clarifying changes to the finding 
column of Table B-1 for this issue.
    (2) Offsite Land Use--The proposed rule language combines two 
Category 2 issues, ``Offsite land use (refurbishment)'' and ``Offsite 
land use (license renewal term)'' reclassifies this combined issue as a 
Category 1 issue, and names it, ``Offsite land use.'' The finding 
column of the current Table B-1 for ``Offsite land use 
(refurbishment)'' indicates that impacts may be of moderate 
significance at plants in low population areas. The finding column of 
the current Table B-1 for ``Offsite land use (license renewal term)'' 
indicates that significant changes in land use may be associated with 
population and tax revenue changes resulting from license renewal. As 
described in the 1996 GEIS, environmental impacts are considered to be 
small if refurbishment activities were to occur at plants located in 
high population areas and if population and tax revenues would not 
change.
    Significant impacts on offsite land use are not anticipated. 
Previous plant-specific license renewal reviews conducted by the NRC 
have shown no requirement for a substantial number of additional 
workers during the license renewal term and that refurbishment

[[Page 38121]]

activities, such as steam generator and vessel head replacement, have 
not required the large numbers of workers and the months of time that 
was conservatively estimated in the 1996 GEIS. These reviews support a 
finding that offsite land use impacts during the license renewal term 
would be small for all nuclear power plants.
    (3) Offsite Land Use in Transmission Line Rights-of-Way (ROWs)--The 
proposed rule renames ``Powerline right of way'' as ``Offsite land use 
in transmission line rights-of-way (ROWs);'' it remains a Category 1 
issue. The proposed rule makes minor clarifying changes to the finding 
column of Table B-1 for this issue.

(ii) Visual Resources

    (4) Aesthetic Impacts--The proposed rule language combines three 
Category 1 issues, ``Aesthetic impacts (refurbishment),'' ``aesthetic 
impacts (license renewal term),'' and ``aesthetic impacts of 
transmission lines (license renewal term)'' into one new Category 1 
issue, ``Aesthetic impacts.'' The 1996 GEIS concluded that renewal of 
operating licenses and the refurbishment activities would have no 
significant aesthetic impact during the license renewal term. Impacts 
are considered to be small if the visual appearance of plant and 
transmission line structures would not change. Previous license renewal 
reviews conducted by the NRC show that the appearance of nuclear plants 
and transmission line structures do not change significantly over time 
or because of refurbishment activities. Therefore, aesthetic impacts 
are not anticipated and the combined issue remains a Category 1 issue.
    These three issues are combined into one Category 1 issue as they 
are similar and combining them would streamline the license renewal 
process.

(iii) Air Quality

    (5) Air Quality (Non-Attainment and Maintenance Areas)--The 
proposed language renames ``Air quality during refurbishment (non-
attainment and maintenance areas)'' as ``Air quality (non-attainment 
and maintenance areas)'' and expands it to include emissions from 
testing emergency diesel generators, boilers used for facility heating, 
and particulate emissions from cooling towers. The issue remains a 
Category 2 issue.
    (6) Air Quality Effects of Transmission Lines--``Air quality 
effects of transmission lines'' remains a Category 1 issue. There are 
no changes for this issue.

(iv) Noise

    (7) Noise Impacts--The proposed rule renames ``Noise'' as ``Noise 
impacts''; it remains a Category 1 issue. The proposed rule makes minor 
clarifying changes to the finding column of Table B-1 for this issue.

(v) Geology and Soils

    (8) Impacts of Nuclear Plants on Geology and Soils--The proposed 
language adds a new Category 1 issue, ``Impacts of nuclear plants on 
geology and soils,'' to the impacts of continued power plant operations 
and refurbishment activities on geology and soils (i.e., prime 
farmland) and to determine if there is new or significant information 
in regard to regional or local seismology. New seismological conditions 
are limited to the identification of previously unknown geologic faults 
and are expected to be rare. Geology and soil conditions at all nuclear 
power plants and associated transmission lines have been well 
established during the current licensing term and are expected to 
remain unchanged during the 20-year license renewal term. The impact of 
continued operations and refurbishment activities during the license 
renewal term on geologic and soil resources would consist of soil 
disturbance for construction or renovation projects. Implementing best 
management practices would reduce soil erosion and subsequent impacts 
on surface water quality. Best management practices include: (1) 
Minimizing the amount of disturbed land, (2) stockpiling topsoil before 
ground disturbance, (3) mulching and seeding in disturbed areas, (4) 
covering loose materials with geotextiles, (5) using silt fences to 
reduce sediment loading to surface water, (6) using check dams to 
minimize the erosive power of drainages, and (7) installing proper 
culvert outlets to direct flows in streams or drainages.
    No information in any plant-specific SEIS prepared to date, or in 
the referenced documents, has identified these impacts as being 
significant.

(vi) Surface Water

    (9) Surface-Water Use and Quality--The proposed rule combines two 
Category 1 issues, ``Impacts of refurbishment on surface water 
quality'' and ``Impacts of refurbishment on surface water use,'' and 
names the combined issue ``Surface-water use and quality.'' These two 
issues were combined because the impacts of refurbishment on both 
surface water use and quality are negligible and the effects are 
closely related.
    The NRC expects licensees to use best management practices during 
the license renewal term for both continuing operations and 
refurbishment activities. Use of best management practices will 
minimize soil erosion. In addition, implementation of spill prevention 
and control plans will reduce the likelihood of any liquid chemical 
spills. If refurbishment activities take place during a reactor 
shutdown, the overall water use by the facility will be reduced. Based 
on this conclusion, the impact on surface water use and quality during 
a license renewal term will continue to be small for all plants. The 
combined issue remains a Category 1 issue. The proposed rule makes 
minor clarifying changes to the finding column of Table B-1 for this 
issue.
    (10) Altered Current Patterns at Intake and Discharge Structures, 
(11) Altered Salinity Gradients, (12) Altered Thermal Stratification of 
Lakes, and (13) Scouring Caused by Discharged Cooling Water--``Altered 
current patterns at intake and discharge structures,'' ``Altered 
salinity gradients,'' ``Altered thermal stratification of lakes,'' and 
``Scouring caused by discharged cooling water'' remain Category 1 
issues. The proposed rule makes minor clarifying changes to the finding 
column of Table B-1 for each of these issues.
    (14) Discharge of Metals in Cooling System Effluent--The proposed 
language renames ``Discharge of other metals in waste water'' as 
``Discharge of metals in cooling system effluent''; it remains a 
Category 1 issue. The proposed rule makes minor clarifying changes to 
the finding column of Table B-1 for this issue.
    (15) Discharge of Biocides, Sanitary Wastes, and Minor Chemical 
Spills--The proposed rule combines two Category 1 issues, ``Discharge 
of chlorine or other biocides'' and ``Discharge of sanitary wastes and 
minor chemical spills'' as ``Discharge of biocides, sanitary wastes, 
and minor chemical spills.'' The combined issue remains a Category 1 
issue. The proposed rule makes minor clarifying changes to the finding 
column of Table B-1 for this issue.
    (16) Water Use Conflicts (plants with once-through cooling 
systems)--``Water use conflicts (plants with once-through cooling 
systems)'' remains a Category 1 issue. The proposed rule makes a minor 
clarifying change to the finding column of Table B-1 for this issue.
    (17) Water Use Conflicts (plants with cooling ponds or cooling 
towers using make-up water from a river with low flow)--``Water use 
conflicts (plants with cooling ponds or cooling towers using

[[Page 38122]]

make-up water from a river with low flow)'' remains a Category 2 issue. 
The proposed rule makes minor clarifying changes to the finding column 
of Table B-1 for this issue.
    (18) Effects of Dredging on Water Quality--The proposed rule adds a 
new Category 1 issue, ``Effects of dredging on water quality,'' that 
evaluates the impacts of dredging to maintain intake and discharge 
structures at nuclear power plant facilities. The impact of dredging on 
surface water quality was not considered in the 1996 GEIS and is not 
listed in the current Table B-1. Most plants have intake and discharge 
structures that must be maintained by periodic dredging of sediment 
accumulated in or on the structures.
    This dredging, while temporarily increasing turbidity in the source 
water body, has been shown to have little effect on water quality. In 
addition to maintaining intake and discharge structures, dredging is 
often done to keep barge slips and channels open to service the plant. 
Dredged material is most often disposed on property owned by the 
applicant and usually contains no hazardous materials. Dredging is 
performed under a permit issued by the U.S. Army Corps of Engineers and 
consequently, each dredging action would be subject to a site-specific 
environmental review conducted by the Corps.
    Temporary impacts of dredging are measurable in general water 
quality terms, but the impacts have been shown to be small.
    (19) Temperature Effects on Sediment Transport Capacity--
``Temperature effects on sediment transport capacity'' remains a 
Category 1 issue. There are no changes to this issue.

(vii) Groundwater

    (20) Groundwater Use and Quality--The proposed rule renames 
``Impacts of refurbishment on groundwater use and quality'' as 
``Groundwater use and quality.'' The issue remains a Category 1 issue. 
The NRC has concluded that use of best management practices would 
address any wastes or spills that could affect groundwater quality. The 
proposed rule updates the finding column of Table B-1 for this issue to 
include a statement identifying best management practices and makes 
other minor clarifying changes to the finding column.
    (21) Groundwater Use Conflicts (Plants that Withdraw Less Than 100 
Gallons per Minute [gpm])--The proposed rule renames ``Ground-water use 
conflicts (potable and service water; plants that use <100 gpm)'' as 
``Groundwater use conflicts (plants that withdraw less than 100 gallons 
per minute [gpm]).'' The issue remains a Category 1 issue. The proposed 
rule makes minor clarifying changes to the finding column of Table B-1 
for this issue.
    (22) Groundwater use conflicts (plants that withdraw more than 100 
gpm including those using Ranney Wells)--The proposed rule combines two 
Category 2 issues, ``Groundwater use conflicts (potable and service 
water, and dewatering; plants that use >100 gpm)'' and ``Ground-water 
use conflicts (Ranney wells)'' and names the combined issue 
``Groundwater use conflicts (plants that withdraw more than 100 gpm 
including those using Ranney wells).'' The combined issue remains a 
Category 2 issue. Because Ranney wells produce significantly more than 
100 gpm, the Ranney wells issue was combined with the general issue of 
groundwater use conflicts for plants using more than 100 gpm of 
groundwater. The proposed rule makes clarifying changes to the finding 
column of Table B-1 for this combined issue.
    (23) Groundwater Use Conflicts (Plants With Closed-Cycle Cooling 
Systems that Withdraw Makeup Water from a River)--The proposed rule 
renames ``Ground-water use conflicts (plants using cooling tower 
withdrawing make-up water from a small river'' as ``Groundwater use 
conflicts (plants with closed-cycle cooling systems that withdraw 
makeup water from a river).'' The combined issue remains a Category 2 
issue. The proposed rule makes minor clarifying changes to the finding 
column of Table B-1 for this issue.
    (24) Groundwater Quality Degradation Resulting from Water 
Withdrawals--The proposed rule combines two Category 1 issues, 
``Ground-water quality degradation (Ranney wells)'' and ``Ground-water 
quality degradation (saltwater intrusion)'' and names the combined 
issue ``Groundwater quality degradation resulting from water 
withdrawals.'' The combined issue remains a Category 1 issue. The two 
issues were combined as they both consider the possibility of 
groundwater quality becoming degraded as a result of the plant drawing 
water of potentially lower quality into the aquifer. The proposed rule 
makes clarifying changes to the finding column of Table B-1 for this 
combined issue.
    (25) Groundwater Quality Degradation (Plants with Cooling Ponds in 
Salt Marshes) and (26) Groundwater Quality Degradation (Plants with 
Cooling Ponds at Inland Sites)--``Groundwater quality degradation 
(plants with cooling ponds in salt marshes)'' and ``Groundwater quality 
degradation (plants with cooling ponds at inland sites)'' remain, 
respectively, Category 1 and Category 2 issues. The proposed rule makes 
clarifying changes to the finding column of Table B-1 for each of these 
issues.
    (27) Groundwater and Soil Contamination--The proposed rule adds a 
new Category 2 issue, ``Groundwater and Soil Contamination,'' to 
evaluate the impacts of the industrial use of solvents, hydrocarbons, 
heavy metals, or other chemicals on groundwater, soil, and subsoil at 
nuclear power plant sites during the license renewal term. Review of 
license renewal applications has shown the existence of these non-
radionuclide contaminants at some plants. This contamination is usually 
regulated by State environmental regulatory authorities or the 
Environmental Protection Agency (EPA). In addition, this new Category 2 
issue has been added because each specific site has its own program for 
handling waste and hazardous materials, and no generic evaluation would 
apply to all nuclear power plants.
    Industrial practices at all plants have the potential to 
contaminate site groundwater and soil through the use and spillage of 
solvents, hydrocarbons, heavy metals, or other chemicals, especially on 
sites with unlined wastewater lagoons and storm water lagoons. Any 
contamination by these substances is subject to characterization and 
clean-up by State and EPA regulated remediation and monitoring 
programs.
    (28) Radionuclides Released to Groundwater--The proposed rule adds 
a new Category 2 issue, ``Radionuclides released to groundwater,'' to 
evaluate the potential impact of discharges of radionuclides, such as 
tritium, from plant systems into groundwater. The issue is relevant to 
license renewal because virtually all commercial nuclear power plants 
routinely release radioactive gaseous and liquid materials into the 
environment. A September 2006 NRC report, ``Liquid Radioactive Release 
Lessons Learned Task Force Report,'' documented instances of 
inadvertent releases of radionuclides into groundwater from nuclear 
power plants (ADAMS Accession No. ML062650312).
    NRC regulations in Parts 20 and 50 limit the amount of 
radioactivity released into the environment to be ``As Low As is 
Reasonably Achievable'' (ALARA) to ensure that the impact on public 
health is very low. Most of the inadvertent liquid release events 
involved tritium, which is a radioactive isotope of hydrogen. However, 
other

[[Page 38123]]

radioactive isotopes have been inadvertently released into the 
environment. An example is leakage from spent fuel pools, where leakage 
from the stored fuel would allow fission products to be released into 
the pool water.
    The most significant conclusion of the NRC report regards public 
health impacts. Although there have been a number of events where 
radionuclides were released inadvertently into groundwater, based on 
the data available, the NRC did not identify any instances where the 
health of the public was impacted. The NRC did identify that under the 
existing regulatory requirements, the potential exists for inadvertent 
radionuclide releases to migrate offsite into groundwater.
    Another factor in adding this new Category 2 issue is the level of 
public concern associated with such inadvertent releases of 
radionuclides into groundwater. The NRC concludes that the impact of 
radionuclide releases to groundwater quality could be small or 
moderate, depending on the occurrence and frequency of leaks and the 
ability to respond to leaks in a timely fashion.

(viii) Terrestrial Resources

    (29) Impacts of Continued Plant Operations on Terrestrial 
Ecosystems--The proposed rule renames ``Refurbishment impacts'' as 
``Impacts of continued plant operations on terrestrial ecosystems;'' it 
remains a Category 2 issue. The analysis in the revised GEIS expands 
the scope of this issue to include the environmental impacts associated 
with continued plant operations and maintenance activities in addition 
to refurbishment. The proposed rule revises the finding column of Table 
B-1 for this issue accordingly.
    (30) Exposure of Terrestrial Organisms to Radionuclides--The 
proposed rule adds a new Category 1 issue, ``Exposure of terrestrial 
organisms to radionuclides,'' to evaluate the issue of the potential 
impact of radionuclides on terrestrial organisms resulting from normal 
operations of a nuclear power plant during the license renewal term. 
This issue was not evaluated in the 1996 GEIS. However, the impact of 
radionuclides on terrestrial organisms has been raised by members of 
the public as well as Federal and State agencies during previous 
license renewal reviews.
    The revised GEIS evaluates the potential impact of radionuclides on 
terrestrial biota at nuclear power plants from continued operations 
during the license renewal term. Site-specific radionuclide 
concentrations in water, sediment, and soils were obtained from 
Radiological Environmental Monitoring Operating Reports from 15 nuclear 
power plants. These 15 plants were selected to represent sites with a 
range of radionuclide concentrations in the media, including plants 
with high annual worker dose exposure values for both boiling water 
reactors and pressurized water reactors. The calculated radiation dose 
rates to terrestrial biota were compared against radiation-acceptable 
radiation safety guidelines issued by the U.S. Department of Energy, 
the International Atomic Energy Agency, the National Council of 
Radiation Protection and Measurement, and the International Commission 
on Radiological Protection. The NRC concludes that the impact of 
radionuclides on terrestrial biota from past and current operations 
would be small for all nuclear power plants and would not be expected 
to change appreciably during the license renewal term.
    (31) Cooling System Impacts on Terrestrial Resources (Plants with 
Once-Through Cooling Systems or Cooling Ponds)--The proposed rule 
renames ``Cooling pond impacts on terrestrial resources'' as ``Cooling 
system impacts on terrestrial resources (plants with once-through 
cooling systems or cooling ponds).'' This issue remains a Category 1 
issue. The analysis in the revised GEIS expands the scope of this issue 
to include plants with once-through cooling systems. This analysis 
concludes that the impacts on terrestrial resources from once-through 
cooling systems, as well as from cooling ponds, is of small 
significance at all plants. The proposed rule revises the finding 
column of Table B-1 for this issue accordingly.
    (32) Cooling Tower Impacts on Vegetation (Plants with Cooling 
Towers)--The proposed rule combines two Category 1 issues, ``Cooling 
tower impacts on crops and ornamental vegetation'' and ``Cooling tower 
impacts on native plants'' and names the combined issue ``Cooling tower 
impacts on vegetation (plants with cooling towers).'' The combined 
issue remains a Category 1 issue. The two issues were combined to 
conform to the resource-based approach used in the revised GEIS and to 
simplify and streamline the analysis. With the recent trend of 
replacing lawns with native vegetation, some ornamental plants and 
crops are native plants, and the original separation into two issues is 
unnecessary and cumbersome. The proposed rule makes clarifying changes 
to the finding column of Table B-1 for this combined issue.
    (33) Bird Collisions with Cooling Towers and Transmission Lines--
The proposed rule combines two Category 1 issues, ``Bird collisions 
with cooling towers'' and ``Bird collision with power lines'' and names 
the combined issue ``Bird collisions with cooling towers and 
transmission lines.'' The combined issue remains a Category 1 issue. 
The two issues were combined to conform to the resource-based approach 
used in the revised GEIS and to simplify and streamline the analysis. 
The proposed rule makes clarifying changes to the finding column of 
Table B-1 for this combined issue.
    (34) Water Use Conflicts with Terrestrial Resources (Plants with 
Cooling Ponds or Cooling Towers Using Makeup Water from a River with 
Low Flow)--The proposed rule adds a new Category 2 issue, ``Water use 
conflicts with terrestrial resources (plants with cooling ponds or 
cooling towers using make-up water from a river with low flow)'' to 
evaluate water use conflict impacts with terrestrial resources in 
riparian communities. Such impacts could occur when water that supports 
these resources is diminished either because of decreased availability 
due to droughts; increased water demand for agricultural, municipal, or 
industrial usage; or a combination of these factors. The potential 
range of impact levels at plants, subject to license renewal, with 
cooling ponds or cooling towers using makeup water from a small river 
with low flow cannot be generically determined at this time.
    (35) Transmission Line ROW Management Impacts on Terrestrial 
Resources--The proposed rule combines two Category 1 issues, ``Power 
line right-of-way management (cutting and herbicide application)'' and 
``Floodplains and wetland on power line right-of-way'' and names the 
combined issue ``Transmission line ROW management impacts on 
terrestrial resources.'' The combined issue remains a Category 1 issue. 
The two issues were combined to simplify and streamline the analysis.
    The scope of the evaluation of transmission lines in the revised 
GEIS is reduced from that of the 1996 GEIS--only those transmission 
lines currently needed to connect the nuclear power plants to the 
regional electrical distribution grid are considered within the scope 
of license renewal. Thus, the number of and length of transmission 
lines being evaluated are greatly reduced. The revised GEIS analysis 
indicates that proper management of transmission line ROW areas does 
not

[[Page 38124]]

have significant adverse impacts on current wildlife populations, and 
ROW management can provide valuable wildlife habitats. The proposed 
rule makes clarifying changes to the finding column of Table B-1 for 
this combined issue.
    (36) Electromagnetic Fields on Flora and Fauna (Plants, 
Agricultural Crops, Honeybees, Wildlife, Livestock)--``Electromagnetic 
fields on flora and fauna (plants, agricultural crops, honeybees, 
wildlife, livestock)'' remains a Category 1 issue. There are no changes 
to this issue.

(ix) Aquatic Resources

    (37) Impingement and Entrainment of Aquatic Organisms (Plants with 
Once-Through Cooling Systems or Cooling Ponds)--The proposed rule 
combines two Category 2 issues, ``Entrainment of fish and shellfish in 
early life stages (for plants with once-through cooling and cooling 
pond heat dissipation systems)'' and ``Impingement of fish and 
shellfish (for plants with once-through cooling and cooling pond heat 
dissipation systems)'' and one Category 1 issue, ``Entrainment of 
phytoplankton and zooplankton (for all plants)'' and names the combined 
issue ``Impingement and entrainment of aquatic organisms (plants with 
once-through cooling systems or cooling ponds).'' The combined issue is 
a Category 2 issue.
    For the revised GEIS, these issues were combined to simplify the 
review process in keeping with the resource-based approach and to allow 
for a more complete analysis of the environmental impact. Nuclear power 
plants typically conduct separate sampling programs to estimate the 
numbers of organisms entrained and impinged, which explains the 
original separation of these issues. However, it is the combined 
effects of entrainment and impingement that reflect the total impact of 
the cooling system intake on the resource. Environmental conditions are 
different to each nuclear plant site and impacts cannot be determined 
generically. The proposed rule revises the finding column of Table B-1 
for this issue accordingly.
    (38) Impingement and Entrainment of Aquatic Organisms (Plants with 
Cooling Towers)--The proposed rule combines three Category 1 issues, 
``Entrainment of fish and shellfish in early life stages (for plants 
with cooling tower-based heat dissipation systems),'' ``Impingement of 
fish and shellfish (for plants with cooling tower-based heat 
dissipation systems),'' and ``Entrainment of phytoplankton and 
zooplankton (for all plants)'' and names the combined issue 
``Impingement and entrainment of aquatic organisms (plants with cooling 
towers).'' The combined issue remains a Category 1 issue. The three 
issues are combined given their similar nature and to simplify and 
streamline the review process. The proposed rule revises the finding 
column of Table B-1 for this issue accordingly.
    (39) Thermal Impacts on Aquatic Organisms (Plants with Once-Through 
Cooling Systems or Cooling Ponds)--The proposed rule combines four 
Category 1 issues, ``Cold shock (for all plants),'' ``Thermal plume 
barrier to migrating fish (for all plants),'' ``Distribution of aquatic 
organisms (for all plants),'' and ``Premature emergence of aquatic 
insects (for all plants),'' and one Category 2 issue ``Heat shock (for 
plants with once-through and cooling pond heat dissipation systems)'' 
and names the combined issue ``Thermal impacts on aquatic organisms 
(plants with once-through cooling systems or cooling ponds).'' The 
combined issue is a Category 2 issue.
    The five issues are combined given their similar nature and to 
simplify and streamline the review process. With the exception of heat 
shock, previous license renewal reviews conducted by the NRC have shown 
that the thermal effects of once-through cooling and cooling pond 
systems have not been a problem at operating nuclear power plants and 
would not change during the license renewal term, so future impacts are 
not anticipated. However, it is difficult to differentiate the various 
thermal effects of once-through cooling and cooling pond systems in the 
field. Different populations may react differently due to changes in 
water temperature. For example, if a resident population avoided a 
heated effluent, the 1996 GEIS would have identified this issue as 
``distribution of aquatic organisms;'' however, had this population 
been migrating, the issue would have been considered under ``thermal 
plume barrier to migrating fish.'' If individuals had remained in the 
heated effluent too long, the issue would have been considered under 
``heat shock;'' or, if the individuals then left the warm water, the 
issue would have been considered under ``cold shock.'' Using the 
resource-based approach in the revised GEIS, each of these issues would 
be considered a thermal impact from once-through and cooling pond 
systems. Environmental conditions are different at each nuclear plant 
site and impacts cannot be determined generically. The proposed rule 
revises the finding column of Table B-1 for this issue accordingly.
    (40) Thermal Impacts on Aquatic Organisms (Plants with Cooling 
Towers)--The proposed rule combines five Category 1 issues, ``Cold 
shock (for all plants),'' ``Thermal plume barrier to migrating fish 
(for all plants),'' ``Distribution of aquatic organisms (for all 
plants),'' ``Premature emergence of aquatic insects (for all plants),'' 
and ``Heat shock (for plants with cooling-tower-based heat dissipation 
systems)'' and names the combined issue ``Thermal impacts on aquatic 
organisms (plants with cooling towers).'' The combined issue is a 
Category 1 issue.
    The five issues are combined given their similar nature and to 
simplify and streamline the review process. The proposed rule revises 
the finding column of Table B-1 for this issue accordingly.
    (41) Effects of Cooling Water Discharge on Dissolved Oxygen, Gas 
Supersaturation, and Eutrophication--The proposed rule combines three 
Category 1 issues, ``Eutrophication,'' ``Gas supersaturation (gas 
bubble disease),'' and ``Low dissolved oxygen in the discharge,'' and 
names the combined issue ``Effects of cooling water discharge on 
dissolved oxygen, gas supersaturation, and eutrophication.'' The 
combined issue is a Category 1 issue.
    The three issues are combined given their similar nature and to 
simplify and streamline the review process. The proposed rule revises 
the finding column of Table B-1 for this issue accordingly.
    (42) Effects of Non-Radiological Contaminants on Aquatic 
Organisms--The proposed rule renames ``Accumulation of contaminants in 
sediments or biota'' as ``Effects of non-radiological contaminants on 
aquatic organisms;'' it remains a Category 1 issue. The proposed rule 
makes clarifying changes to the finding column of Table B-1 for this 
issue.
    (43) Exposure of Aquatic Organisms to Radionuclides--The proposed 
rule adds a new Category 1 issue, ``Exposure of Aquatic Organisms to 
Radionuclides,'' to evaluate the potential impact of radionuclide 
discharges upon aquatic organisms. This issue has been raised by 
members of the public as well as Federal and State agencies during the 
license renewal process for various plants.
    The revised GEIS evaluates the potential impact of radionuclides on 
aquatic organisms at nuclear power plants from continued operations 
during the license renewal term. A radiological assessment was 
performed using effluent release data from 15 NRC-licensed nuclear 
power plants chosen based on having a range of radionuclide 
concentrations in environmental media.

[[Page 38125]]

Site-specific radionuclide concentrations in water and sediments, as 
reported in the plant's radioactive effluent and environmental 
monitoring reports, were used in the calculations. The data is 
representative of boiling water reactors and pressurized water 
reactors. The calculated radiation dose rates to aquatic biota were 
compared against radiation acceptable radiation safety guidelines 
issued by the U.S. Department of Energy, the International Atomic 
Energy Agency, the National Council of Radiation Protection and 
Measurement, and the International Commission on Radiological 
Protection. The NRC concludes that the impact of radionuclides on 
aquatic biota from past and current operations would be small for all 
nuclear power plants, and would not be expected to change appreciably 
during the license renewal term.
    (44) Effects of Dredging on Aquatic Organisms--The proposed rule 
adds a new Category 1 issue, ``Effects of dredging on aquatic 
organisms,'' to evaluate the impacts of dredging on aquatic organisms. 
Licensees conduct dredging to maintain intake and discharge structures 
at nuclear power plant facilities and in some cases, to maintain barge 
slips. Dredging may disturb or remove benthic communities. In general, 
maintenance dredging for nuclear power plant operations would occur 
infrequently, would be of relatively short duration, and would affect 
relatively small areas. Dredging is performed under a permit issued by 
the U.S. Army Corps of Engineers and consequently, each dredging action 
would be subject to a site-specific environmental review conducted by 
the Corps.
    (45) Water Use Conflicts with Aquatic Resources (Plants with 
Cooling Ponds or Cooling Towers using Make-Up Water from a River with 
Low Flow)--The proposed rule adds a new Category 2 issue, ``Water use 
conflicts with aquatic resources (plants with cooling ponds or cooling 
towers using make-up water from a river with low flow)'' to evaluate 
water use conflict impacts with aquatic resources in instream 
communities. Such impacts could occur when water that supports these 
resources is diminished either because of decreased availability due to 
droughts; increased water demand for agricultural, municipal, or 
industrial usage; or a combination of these factors. The potential 
range of impact levels at plants, subject to license renewal, with 
cooling ponds or cooling towers using makeup water from a small river 
with low flow cannot be generically determined at this time.
    (46) Refurbishment Impacts on Aquatic Resources--The proposed rule 
language renames ``Refurbishment'' as ``Refurbishment impacts on 
aquatic resources;'' it remains a Category 1 issue. The proposed rule 
makes minor clarifying changes to the finding column of Table B-1 for 
this issue.
    (47) Impacts of Transmission Line ROW Management on Aquatic 
Resources--The proposed rule adds a new Category 1 issue, ``Impacts of 
transmission line ROW management on aquatic resources,'' to evaluate 
the impact of transmission line ROW management on aquatic resources. 
Impacts on aquatic resources from transmission line ROW maintenance 
could occur as a result of the direct disturbance of aquatic habitats, 
soil erosion, changes in water quality (from sedimentation and thermal 
effects), or inadvertent releases of chemical contaminants from 
herbicide use. As described in the revised GEIS, any impact on aquatic 
resources resulting from transmission line ROW management is expected 
to be small, short term, and localized for all plants.
    (48) Losses from Predation, Parasitism, and Disease Among Organisms 
Exposed to Sublethal Stresses and (49) Stimulation of Aquatic Nuisance 
Species (e.g., Shipworms)--``Losses from predation, parasitism, and 
disease among organisms exposed to sublethal stresses'' and 
``Stimulation of aquatic nuisance species (e.g., shipworms)'' remain 
Category 1 issues. The proposed rule does not change the finding column 
entries of Table B-1 for these issues.

(x) Threatened, Endangered, and Protected Species and Essential Fish 
Habitat

    (50) Threatened, Endangered, and Protected Species and Essential 
Fish Habitat--The proposed rule renames ``Threatened or endangered 
species'' as ``Threatened, endangered, and protected species and 
essential fish habitat'' and expands the scope of the issue to include 
essential fish habitats protected under the Magnuson-Stevens Fishery 
Conservation and Management Act. The issue remains a Category 2 issue. 
The proposed rule makes clarifying changes to the finding column entry 
of table B-1 for this issue.

(xi) Historic and Cultural Resources

    (51) Historic and Cultural Resources--The proposed rule language 
renames ``Historic and archaeological resources'' as ``Historic and 
cultural resources;'' it remains a Category 2 issue. The proposed rule 
language more accurately reflects the National Historic Preservation 
Act requirements that Federal agencies consult with State Historic 
Preservation Officer and appropriate Native American Tribes to 
determine the potential impacts and mitigation.

(xii) Socioeconomics

    (52) Employment and Income, Recreation and Tourism--The proposed 
rule adds a new Category 1 issue, ``Employment and income,'' and 
combines it with the ``tourism and recreation'' portion of a current 
Table B-1 Category 1 issue, ``Public services: public safety, social 
services, and tourism and recreation.'' These issues are combined given 
the similar nature and to streamline the review process. The revised 
GEIS provides an analysis of this issue and concludes that the impacts 
are generic to all plants undergoing license renewal.
    (53) Tax Revenues--The proposed rule adds a new Category 1 issue, 
``Tax revenues,'' to evaluate the impacts of license renewal on tax 
revenues. Refurbishment activities, such as steam generator and vessel 
head replacement, have not had a noticeable effect on the value of 
nuclear plants, thus changes in tax revenues are not anticipated from 
future refurbishment activities. Refurbishment activities involve the 
one-for-one replacement of existing components and are generally not 
considered a taxable improvement. Also, new property tax assessments; 
proprietary payments in lieu of tax stipulations, settlements, and 
agreements; and State tax laws are continually changing the amounts 
paid to taxing jurisdictions by nuclear plant owners, and these occur 
independent of license renewal and refurbishment activities.
    (54) Community Services and