American Centrifuge Operating, LCC; Lead Cascade Facility, 37530-37532 [2018-16404]

Download as PDF 37530 Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Notices Submit comments by September 17, 2018. Comments received after this date will be considered if it is practical to do so, but the Commission is able to ensure consideration only for comments received before this date. ADDRESSES: You may submit comments by any of the following methods: • Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC–2018–0159. Address questions about NRC dockets to Jennifer Borges; telephone: 301–287–9127; email: Jennifer.Borges@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. • Mail comments to: May Ma, Office of Administration, Mail Stop: TWFN–7– A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001. For additional direction on obtaining information and submitting comments, see ‘‘Obtaining Information and Submitting Comments’’ in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Kenneth Kline, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington DC 20555–0001; telephone: 301–415–7075, email: Kenneth.Kline@ nrc.gov. SUPPLEMENTARY INFORMATION: DATES: sradovich on DSK3GMQ082PROD with NOTICES I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC–2018– 0159 when contacting the NRC about the availability of information for this action. You may obtain publiclyavailable information related to this action by any of the following methods: • Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC–2018–0159. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publiclyavailable documents online in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/ adams.html. To begin the search, select ‘‘ADAMS Public Documents’’ and then select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, 301–415–4737, or by email to pdr.resource@nrc.gov. The ISG for Decommissioning Funding Plans for Materials Licensees is available in ADAMS under Accession No. ML18163A087. VerDate Sep<11>2014 20:07 Jul 31, 2018 Jkt 244001 • NRC’s PDR: You may examine and purchase copies of public documents at the NRC’s PDR, Room O1–F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. B. Submitting Comments Please include Docket ID NRC–2018– 0159 in your comment submission. The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The NRC will post all comment submissions at https:// www.regulations.gov as well as enter the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information. If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment into ADAMS. II. Discussion Since 1988, NRC licensees have been required to provide decommissioning financial assurance. The NRC published its ‘‘Decommissioning Planning Rule’’ in the Federal Register on June 17, 2011 (76 FR 35512). The rule became effective on December 17, 2012. The rule’s purpose is to minimize the likelihood of new ‘‘legacy sites,’’ those sites owned or controlled by licensees with insufficient resources to complete decommissioning. Successful completion of decommissioning is a prerequisite to the NRC terminating the license. The NRC’s radioactive materials licensing regulations, part 30 of Title 10 of the Code of Federal Regulations (10 CFR), ‘‘Rules of General Applicability to Domestic Licensing of Byproduct Material’’; 10 CFR part 40, ‘‘Domestic Licensing of Source Material’’; and 10 CFR part 70, ‘‘Domestic Licensing of Special Nuclear Material,’’ require NRC licensees to provide adequate financial assurance for all decommissioning activities.1 The NRC staff utilizes NUREG–1757, Vol. 3 (ADAMS Accession No. ML12048A683), as guidance to evaluate DFPs submitted by 1 The specific NRC regulations are 10 CFR 30.35, 10 CFR 40.36, and 10 CFR 70.25, each entitled ‘‘Financial Assurance and Recordkeeping for Decommissioning.’’ PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 10 CFR parts 30, 40 and 70 licensees. The NRC’s Regulatory Guide (RG) 4.22, ‘‘Decommissioning Planning During Operations’’ (ADAMS Accession No. ML12158A361), provides guidance to licensees for use during licensed operations to minimize radiological contamination, including radiological subsurface contamination, and to properly retain survey results. For those licensees having or likely to have significant residual radioactivity, RG 4.22 provides guidance on arranging for sufficient funding to complete decommissioning, thereby allowing the NRC to terminate the license. The purpose of this ISG is to provide NRC staff and industry with guidance based on developments and lessons learned in financial assurance since the last update to NUREG–1757, Vol. 3. The ISG covers decommissioning cost estimates describing current facility conditions, evaluating events since the last DFP approval, and updates for certain financial instruments. Dated at Rockville, Maryland, this 26th day of July, 2018. For the Nuclear Regulatory Commission. John R. Tappert, Director, Division of Decommissioning, Uranium Recovery and Waste Programs, Office of Nuclear Material Safety and Safeguards. [FR Doc. 2018–16392 Filed 7–31–18; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 70–7003; NRC–2018–0160] American Centrifuge Operating, LCC; Lead Cascade Facility Nuclear Regulatory Commission. ACTION: Environmental assessment and finding of no significant impact; issuance. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an environmental assessment (EA) and a finding of no significant impact (FONSI) regarding a request from American Centrifuge Operating, LLC (ACO) for approval of its Decommissioning Plan. ACO is authorized to possess and use special nuclear material (SNM), source material, and byproduct material at its Lead Cascade Facility (LCF) in Piketon, Ohio under NRC License SNM–7003, issued in 2004. ACO’s Decommissioning Plan contains its proposed Release Criteria and the Final Status Survey design. SUMMARY: E:\FR\FM\01AUN1.SGM 01AUN1 Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Notices The EA referenced in this document is available on August 1, 2018. ADDRESSES: Please refer to Docket ID NRC–2018–0160 when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this document using any of the following methods: • Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC–2018–0160. Address questions about NRC dockets to Jennifer Borges; telephone: 301–287–9127; email: Jennifer.Borges@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publiclyavailable documents online in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/ adams.html. To begin the search, select ‘‘ADAMS Public Documents’’ and then select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, 301–415–4737, or by email to pdr.resource@nrc.gov. The ADAMS accession number for each document referenced (if it is available in ADAMS) is provided the first time that it is mentioned in this document. • NRC’s PDR: You may examine and purchase copies of public documents at the NRC’s PDR, Room O1–F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. FOR FURTHER INFORMATION CONTACT: Jean Trefethen, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone: 301–415– 0867, email: Jean.Trefethen@nrc.gov. SUPPLEMENTARY INFORMATION: sradovich on DSK3GMQ082PROD with NOTICES DATES: I. Introduction By letter dated January 5, 2018 (ADAMS Accession Number ML18025B285), American Centrifuge Operating, LLC (ACO or the licensee) requested NRC approval of ACO’s Decommissioning Plan (DP). The DP contains ACO’s proposed Release Criteria (RC) and Final Status Survey (FSS) design. The Lead Cascade Facility (LCF) is located at the Portsmouth Gaseous Diffusion Plant (PORTS) site in Pike County, Ohio. The PORTS site is owned by the U.S. Department of Energy (DOE), and the DOE leases portions of the PORTS site, including the LCF buildings, to the licensee. The VerDate Sep<11>2014 20:07 Jul 31, 2018 Jkt 244001 NRC staff has prepared an Environmental Assessment (EA) (ADAMS Accession Number ML18204A294) as part of its review of this proposed action in accordance with the requirements in part 51 of title 10 of the Code of Federal Regulations (10 CFR), ‘‘Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions’’ and associated staff guidance. The NRC has concluded that the proposed action will not have a significant effect on the quality of the human environment. II. Summary of the Environmental Assessment Description of the Proposed Action The proposed action is to review and approve ACO’s DP which provides the proposed RC and FSS design. The RC are regulatory limits identified in 10 CFR part 20.1402. The FSS is performed by the licensee to verify that residual contamination levels are less than these limits. Need for the Proposed Action By letter dated March 2, 2016, the licensee notified the NRC of its decision to permanently cease LCF operations (ADAMS Accession Number ML16074A405). In preparation for decommissioning of the LCF, termination of license SNM–7003, and potential future release of the site and return to DOE as outlined in the lease agreement, ACO has performed clean-up and survey activities. Environmental Impacts of the Proposed Action The NRC staff evaluated the potential environmental impacts associated with the proposed action, and has performed its environmental review in accordance with the requirements in 10 CFR part 51 and associated staff guidance. As detailed in the EA, the staff reviewed relevant information submitted by the licensee and consulted with the Ohio State Historic Preservation Office (SHPO), the Osage Nation, Advisory Council on Historic Preservation (ACHP), and the State of Ohio Department of Health (ODH). Survey activities for the FSS have occurred inside the LCF buildings, and no land disturbance activities were involved or are planned. Therefore, the NRC staff considers that there would be no impacts to the following resources areas: Land use, geology and soils, water resources, ecology, meteorology, climate, air quality, noise, transportation, waste management, visual and scenic resources, and socioeconomic resources. PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 37531 The NRC staff evaluated the radiological impacts to workers and the public. The staff found that the radiological doses to workers would be within the dose limits specified in 10 CFR 20.1201, ‘‘Occupational dose limits to adults,’’ and that radiological doses to the public would be indistinguishable when compared to background radiation. The NRC staff also evaluated the cumulative impacts by identifying past, present, and reasonably foreseeable future actions at DOE’s Piketon, Ohio site, and the incremental impacts of ACO’s proposed action. The staff determined that the proposed action would not significantly contribute to cumulative impacts. The staff also determined that the proposed action would not affect federally-listed endangered or threatened species or their critical habitats, if present. Environmental Impacts of the Alternatives to the Proposed Action As an alternative to the proposed action, the staff considered denial of the proposed action and requesting ACO to submit a revised DP (i.e., the ‘‘noaction’’ alternative). Under the no-action alternative, the LCF FSS and RC would not be approved and license termination would not be possible. The NRC considers the environmental impacts of this alternative to be similar to those of the proposed action. The no-action alternative does not comply with the licensee’s commitments made during licensing or the decommissioning requirements of 10 CFR 70.38 and does not provide any environmental benefit. The NRC staff concludes that not approving the provided RC and FSS, which meet the regulatory requirements, is not a reasonable alternative to approving the proposed action. Agencies and Persons Consulted By letter dated June 12, 2018 (ADAMS Accession Number ML18130A468), the staff consulted with the ODH regarding the environmental impact of the proposed action. By letter dated July 6, 2018, the ODH replied indicating that they had no comments on the draft EA (ADAMS Accession Number ML18130A468). The NRC staff also consulted with the Ohio SHPO by letter dated April 9, 2018 (ADAMS Accession Number. ML18078B230). The Ohio SHPO responded by letter dated May 16, 2018, stating that they could not concur with a finding of No Adverse Effect for the proposed action and recommended that NRC initiate and carry out consultation and contact the ACHP (ADAMS Accession Number ML18155A296). On June 11, 2018, a E:\FR\FM\01AUN1.SGM 01AUN1 37532 Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Notices conference call was held between the Ohio SHPO, the ACHP, and the NRC to discuss the concerns expressed in the SHPO’s May 16, 2018, letter. During the call the ACHP expressed its agreement with the NRC that the requested action falls under 36 CFR 800.3(a)(1), No potential to cause effects, which states, ‘‘If the undertaking is a type of activity that does not have the potential to cause effects on historic properties, assuming such properties were present, the agency official has no further obligations under Section 106 or this part’’. The NRC sent a letter, dated July 16, 2018, to the Ohio SHPO summarizing the conference call and concluding Section 106 consultation (ADAMS Accession Number ML18171A218). By letter dated April 11, 2018, the NRC initiated Section 106 consultation under the National Historic Preservation Act with the Osage Nation. In their reply, the Osage Nation stated it concurred with the NRC determination that the proposed DP most likely would not adversely affect any sacred properties and/or properties of cultural significance to the Nation, and also stated, ‘‘[t]he Osage Nation has no further concern with this project’’ (ADAMS Accession Number ML18158A263). III. Finding of No Significant Impact In accordance with the requirements in 10 CFR part 51, the NRC staff has concluded that the proposed action will not significantly affect the quality of the human environment. Therefore, the staff finds, pursuant to 10 CFR 51.31, that preparation of an environmental impact statement is not required for the proposed action, and that a finding of no significant impact is appropriate. Dated at Rockville, Maryland, this 26th day of July 2018. For the Nuclear Regulatory Commission. Craig G. Erlanger, Director, Division of Fuel Cycle Safety, Safeguards, and Environmental Review, Office of Nuclear Material Safety, and Safeguards. [FR Doc. 2018–16404 Filed 7–31–18; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION sradovich on DSK3GMQ082PROD with NOTICES [Docket No. 50–409; NRC–2018–0157] LaCrosse Solutions, LLC; Dairyland Power Cooperative La Crosse Boiling Water Reactor Nuclear Regulatory Commission. ACTION: Exemption; issuance. AGENCY: VerDate Sep<11>2014 20:07 Jul 31, 2018 Jkt 244001 The U.S. Nuclear Regulatory Commission (NRC) is issuing an exemption in response to a February 22, 2018, request from LaCrosseSolutions, LLC (LS) from the regulatory requirement to maintain a specified level of onsite property damage insurance to permit the La Crosse Boiling Water Reactor (LACBWR) to reduce its onsite insurance coverage from $180 million to $50 million. DATES: The exemption was issued on July 24, 2018. ADDRESSES: Please refer to Docket ID NRC–2018–0157 when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this document using any of the following methods: • Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC–2018–0157. Address questions about NRC dockets to Jennifer Borges; telephone: 301–287–9127; email: Jennifer.Borges@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publicly available documents online in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/ adams.html. To begin the search, select ‘‘ADAMS Public Documents’’ and then select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, 301–415–4737, or by email to pdr.resource@nrc.gov. The ADAMS accession number for each document referenced (if it is available in ADAMS) is provided the first time that it is mentioned in this document. • NRC’s PDR: You may examine and purchase copies of public documents at the NRC’s PDR, Room O1–F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. FOR FURTHER INFORMATION CONTACT: Marlayna G. Vaaler, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone: 301–415–3178, email: Marlayna.Vaaler@nrc.gov. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background The La Crosse Boiling Water Reactor was an Atomic Energy Commission (AEC) Demonstration Project Reactor that first went critical in 1967, commenced commercial operation in PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 November 1969, and was capable of producing 50 megawatts of electric power. The LACBWR site is located on the east bank of the Mississippi River in Vernon County, Wisconsin, and is colocated with the Genoa Generating Station, which is a coal-fired electrical power plant that is still in operation. The Allis-Chalmers Company was the original licensee; the AEC later sold the plant to the Dairyland Power Cooperative (DPC) and granted it Provisional Operating License No. DPR– 45 on August 28, 1973 (ADAMS Accession No. ML17080A423). The LACBWR permanently ceased operations on April 30, 1987 (ADAMS Accession No. ML17080A422), and reactor defueling was completed on June 11, 1987 (ADAMS Accession No. ML17080A420). In a letter dated August 4, 1987 (ADAMS Accession No. ML17080A393), the NRC terminated DPC’s authority to operate LACBWR under Provisional Operating License No. DPR–45, and granted the licensee a possess-but-not-operate status. By letter dated August 18, 1988 (ADAMS Accession No. ML17080A421), the NRC amended DPC’s Provisional Operating License No. DPR–45 to Possession Only License No. DPR–45 to reflect the permanently defueled configuration at LACBWR. The NRC issued an order to authorize decommissioning of LACBWR and approve the licensee’s proposed Decommissioning Plan (DP) on August 7, 1991 (ADAMS Accession No. ML17080A454). Because the NRC approved DPC’s DP before August 28, 1996, pursuant to section 50.82 of title 10 of the Code of Federal Regulations (10 CFR), the DP is considered the PostShutdown Decommissioning Activities Report (PSDAR) for LACBWR. The PSDAR public meeting was held on May 13, 1998, and subsequent updates to the LACBWR decommissioning report have combined the DP and PSDAR into the ‘‘LACBWR Decommissioning Plan and Post-Shutdown Decommissioning Activities Report’’ (D-Plan/PSDAR). This document is also considered the Final Safety Analysis Report (FSAR) for LACBWR and is updated every 24 months in accordance with 10 CFR 50.71(e). The DPC constructed an onsite Independent Spent Fuel Storage Installation (ISFSI) under its 10 CFR part 72 general license, and completed the movement of all 333 spent nuclear fuel elements from the Fuel Element Storage Well to dry cask storage at the ISFSI by September 19, 2012 (ADAMS Accession No. ML12290A027). The remaining associated buildings and structures are currently undergoing E:\FR\FM\01AUN1.SGM 01AUN1

Agencies

[Federal Register Volume 83, Number 148 (Wednesday, August 1, 2018)]
[Notices]
[Pages 37530-37532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16404]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 70-7003; NRC-2018-0160]


American Centrifuge Operating, LCC; Lead Cascade Facility

AGENCY: Nuclear Regulatory Commission.

ACTION: Environmental assessment and finding of no significant impact; 
issuance.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
environmental assessment (EA) and a finding of no significant impact 
(FONSI) regarding a request from American Centrifuge Operating, LLC 
(ACO) for approval of its Decommissioning Plan. ACO is authorized to 
possess and use special nuclear material (SNM), source material, and 
byproduct material at its Lead Cascade Facility (LCF) in Piketon, Ohio 
under NRC License SNM-7003, issued in 2004. ACO's Decommissioning Plan 
contains its proposed Release Criteria and the Final Status Survey 
design.

[[Page 37531]]


DATES: The EA referenced in this document is available on August 1, 
2018.

ADDRESSES: Please refer to Docket ID NRC-2018-0160 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly-available information related to this document 
using any of the following methods:
     Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2018-0160. Address 
questions about NRC dockets to Jennifer Borges; telephone: 301-287-
9127; email: [email protected]. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to [email protected]. The 
ADAMS accession number for each document referenced (if it is available 
in ADAMS) is provided the first time that it is mentioned in this 
document.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Jean Trefethen, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-0867, email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    By letter dated January 5, 2018 (ADAMS Accession Number 
ML18025B285), American Centrifuge Operating, LLC (ACO or the licensee) 
requested NRC approval of ACO's Decommissioning Plan (DP). The DP 
contains ACO's proposed Release Criteria (RC) and Final Status Survey 
(FSS) design. The Lead Cascade Facility (LCF) is located at the 
Portsmouth Gaseous Diffusion Plant (PORTS) site in Pike County, Ohio. 
The PORTS site is owned by the U.S. Department of Energy (DOE), and the 
DOE leases portions of the PORTS site, including the LCF buildings, to 
the licensee. The NRC staff has prepared an Environmental Assessment 
(EA) (ADAMS Accession Number ML18204A294) as part of its review of this 
proposed action in accordance with the requirements in part 51 of title 
10 of the Code of Federal Regulations (10 CFR), ``Environmental 
Protection Regulations for Domestic Licensing and Related Regulatory 
Functions'' and associated staff guidance. The NRC has concluded that 
the proposed action will not have a significant effect on the quality 
of the human environment.

II. Summary of the Environmental Assessment

Description of the Proposed Action

    The proposed action is to review and approve ACO's DP which 
provides the proposed RC and FSS design. The RC are regulatory limits 
identified in 10 CFR part 20.1402. The FSS is performed by the licensee 
to verify that residual contamination levels are less than these 
limits.

Need for the Proposed Action

    By letter dated March 2, 2016, the licensee notified the NRC of its 
decision to permanently cease LCF operations (ADAMS Accession Number 
ML16074A405). In preparation for decommissioning of the LCF, 
termination of license SNM-7003, and potential future release of the 
site and return to DOE as outlined in the lease agreement, ACO has 
performed clean-up and survey activities.

Environmental Impacts of the Proposed Action

    The NRC staff evaluated the potential environmental impacts 
associated with the proposed action, and has performed its 
environmental review in accordance with the requirements in 10 CFR part 
51 and associated staff guidance. As detailed in the EA, the staff 
reviewed relevant information submitted by the licensee and consulted 
with the Ohio State Historic Preservation Office (SHPO), the Osage 
Nation, Advisory Council on Historic Preservation (ACHP), and the State 
of Ohio Department of Health (ODH).
    Survey activities for the FSS have occurred inside the LCF 
buildings, and no land disturbance activities were involved or are 
planned. Therefore, the NRC staff considers that there would be no 
impacts to the following resources areas: Land use, geology and soils, 
water resources, ecology, meteorology, climate, air quality, noise, 
transportation, waste management, visual and scenic resources, and 
socioeconomic resources.
    The NRC staff evaluated the radiological impacts to workers and the 
public. The staff found that the radiological doses to workers would be 
within the dose limits specified in 10 CFR 20.1201, ``Occupational dose 
limits to adults,'' and that radiological doses to the public would be 
indistinguishable when compared to background radiation.
    The NRC staff also evaluated the cumulative impacts by identifying 
past, present, and reasonably foreseeable future actions at DOE's 
Piketon, Ohio site, and the incremental impacts of ACO's proposed 
action. The staff determined that the proposed action would not 
significantly contribute to cumulative impacts. The staff also 
determined that the proposed action would not affect federally-listed 
endangered or threatened species or their critical habitats, if 
present.

Environmental Impacts of the Alternatives to the Proposed Action

    As an alternative to the proposed action, the staff considered 
denial of the proposed action and requesting ACO to submit a revised DP 
(i.e., the ``no-action'' alternative). Under the no-action alternative, 
the LCF FSS and RC would not be approved and license termination would 
not be possible. The NRC considers the environmental impacts of this 
alternative to be similar to those of the proposed action. The no-
action alternative does not comply with the licensee's commitments made 
during licensing or the decommissioning requirements of 10 CFR 70.38 
and does not provide any environmental benefit. The NRC staff concludes 
that not approving the provided RC and FSS, which meet the regulatory 
requirements, is not a reasonable alternative to approving the proposed 
action.

Agencies and Persons Consulted

    By letter dated June 12, 2018 (ADAMS Accession Number ML18130A468), 
the staff consulted with the ODH regarding the environmental impact of 
the proposed action. By letter dated July 6, 2018, the ODH replied 
indicating that they had no comments on the draft EA (ADAMS Accession 
Number ML18130A468). The NRC staff also consulted with the Ohio SHPO by 
letter dated April 9, 2018 (ADAMS Accession Number. ML18078B230). The 
Ohio SHPO responded by letter dated May 16, 2018, stating that they 
could not concur with a finding of No Adverse Effect for the proposed 
action and recommended that NRC initiate and carry out consultation and 
contact the ACHP (ADAMS Accession Number ML18155A296). On June 11, 
2018, a

[[Page 37532]]

conference call was held between the Ohio SHPO, the ACHP, and the NRC 
to discuss the concerns expressed in the SHPO's May 16, 2018, letter. 
During the call the ACHP expressed its agreement with the NRC that the 
requested action falls under 36 CFR 800.3(a)(1), No potential to cause 
effects, which states, ``If the undertaking is a type of activity that 
does not have the potential to cause effects on historic properties, 
assuming such properties were present, the agency official has no 
further obligations under Section 106 or this part''. The NRC sent a 
letter, dated July 16, 2018, to the Ohio SHPO summarizing the 
conference call and concluding Section 106 consultation (ADAMS 
Accession Number ML18171A218). By letter dated April 11, 2018, the NRC 
initiated Section 106 consultation under the National Historic 
Preservation Act with the Osage Nation. In their reply, the Osage 
Nation stated it concurred with the NRC determination that the proposed 
DP most likely would not adversely affect any sacred properties and/or 
properties of cultural significance to the Nation, and also stated, 
``[t]he Osage Nation has no further concern with this project'' (ADAMS 
Accession Number ML18158A263).

III. Finding of No Significant Impact

    In accordance with the requirements in 10 CFR part 51, the NRC 
staff has concluded that the proposed action will not significantly 
affect the quality of the human environment. Therefore, the staff 
finds, pursuant to 10 CFR 51.31, that preparation of an environmental 
impact statement is not required for the proposed action, and that a 
finding of no significant impact is appropriate.

    Dated at Rockville, Maryland, this 26th day of July 2018.

    For the Nuclear Regulatory Commission.

Craig G. Erlanger,
Director, Division of Fuel Cycle Safety, Safeguards, and Environmental 
Review, Office of Nuclear Material Safety, and Safeguards.
[FR Doc. 2018-16404 Filed 7-31-18; 8:45 am]
 BILLING CODE 7590-01-P
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