Vermont Yankee and US Ecology Idaho Alternate Disposal Request, 24675-24678 [2021-09720]

Download as PDF Federal Register / Vol. 86, No. 87 / Friday, May 7, 2021 / Notices information the release of which would constitute a clearly unwarranted invasion of personal privacy.] Procedures for the conduct of and participation in ACRS meetings were published in the Federal Register on June 13, 2019 (84 FR 27662). In accordance with those procedures, oral or written views may be presented by members of the public, including representatives of the nuclear industry. Persons desiring to make oral statements should notify Quynh Nguyen, Cognizant ACRS Staff and the Designated Federal Officer (Telephone: 301–415–5844, Email: Quynh.Nguyen@nrc.gov), 5 days before the meeting, if possible, so that appropriate arrangements can be made to allow necessary time during the meeting for such statements. 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ACRS meeting agendas, meeting transcripts, and letter reports are available through the NRC Public Document Room (PDR) at pdr.resource@ nrc.gov, or by calling the PDR at 1–800– 397–4209, or from the Publicly Available Records System component of NRC’s Agencywide Documents Access and Management System (ADAMS), which is accessible from the NRC website at https://www.nrc.gov/readingrm/adams.html or https://www.nrc.gov/ reading-rm/doc-collections/#ACRS/. Dated: May 4, 2021. Russell E. Chazell, Federal Advisory Committee Management Officer, Office of the Secretary. [FR Doc. 2021–09718 Filed 5–6–21; 8:45 am] BILLING CODE 7590–01–P VerDate Sep<11>2014 19:55 May 06, 2021 Jkt 253001 24675 Week of June 14, 2021—Tentative There are no meetings scheduled for the week of June 14, 2021. NUCLEAR REGULATORY COMMISSION [[NRC–2021–0001] CONTACT PERSON FOR MORE INFORMATION: Sunshine Act Meetings Weeks of May 10, 17, 24, 31, June 7, 14, 2021. PLACE: Commissioners’ Conference Room, 11555 Rockville Pike, Rockville, Maryland. STATUS: Public and closed. MATTERS TO BE CONSIDERED: TIME AND DATE: Week of May 10, 2021 Tuesday, May 11, 2021 10:00 a.m. Briefing on Security Issues (Closed Ex. 1) Week of May 17, 2021—Tentative There are no meetings scheduled for the week of May 17, 2021. Week of May 24, 2021—Tentative Tuesday, May 25, 2021 9:00 a.m. Strategic Programmatic Overview of the Fuel Facilities and the Spent Fuel Storage and Transportation Business Lines (Public Meeting) (Contact: Damaris Marcano: 301–415–7328) Additional Information: Due to COVID–19, there will be no physical public attendance. The public is invited to attend the Commission’s meeting live by webcast at the Web address—https:// video.nrc.gov/. Week of May 31, 2021—Tentative There are no meetings scheduled for the week of May 31, 2021. Week of June 7, 2021—Tentative Tuesday, June 8, 2021 10:00 a.m. Briefing on Human Capital and Equal Employment Opportunity (Public Meeting) (Contact: Anne DeFrancisco: 610– 337–5078) Additional Information: Due to COVID–19, there will be no physical public attendance. The public is invited to attend the Commission’s meeting live by webcast at the Web address—https:// video.nrc.gov/. Thursday, June 10, 2021 10:00 a.m. Briefing on Results of the Agency Action Review Meeting (Public Meeting) (Contact: Nicole Fields: 630–829–9570) Additional Information: Due to COVID–19, there will be no physical public attendance. The public is invited to attend the Commission’s meeting live by webcast at the Web address—https:// video.nrc.gov/ PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 For more information or to verify the status of meetings, contact Wesley Held at 301–287–3591 or via email at Wesley.Held@nrc.gov. The schedule for Commission meetings is subject to change on short notice. The NRC Commission Meeting Schedule can be found on the internet at: https://www.nrc.gov/public-involve/ public-meetings/schedule.html. The NRC provides reasonable accommodation to individuals with disabilities where appropriate. If you need a reasonable accommodation to participate in these public meetings or need this meeting notice or the transcript or other information from the public meetings in another format (e.g., braille, large print), please notify Anne Silk, NRC Disability Program Specialist, at 301–287–0745, by videophone at 240–428–3217, or by email at Anne.Silk@nrc.gov. Determinations on requests for reasonable accommodation will be made on a case-by-case basis. Members of the public may request to receive this information electronically. If you would like to be added to the distribution, please contact the Nuclear Regulatory Commission, Office of the Secretary, Washington, DC 20555, at 301–415–1969, or by email at Wendy.Moore@nrc.gov or Tyesha.Bush@ nrc.gov. The NRC is holding the meetings under the authority of the Government in the Sunshine Act, 5 U.S.C. 552b. Dated: May 5, 2021. For the Nuclear Regulatory Commission. Wesley W. Held, Policy Coordinator, Office of the Secretary. [FR Doc. 2021–09875 Filed 5–5–21; 4:15 pm] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 50–271; NRC–2021–0103] Vermont Yankee and US Ecology Idaho Alternate Disposal Request Nuclear Regulatory Commission. ACTION: Environmental assessment and finding of no significant impact; issuance. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is considering issuing an approval to NorthStar Nuclear Decommissioning Co., LLC (NorthStar, or the licensee) for alternate disposal of low-activity radioactive SUMMARY: E:\FR\FM\07MYN1.SGM 07MYN1 24676 Federal Register / Vol. 86, No. 87 / Friday, May 7, 2021 / Notices wastewater containing byproduct material from the Vermont Yankee Nuclear Power Station (VY) located in Vernon, Vermont. Additionally, the NRC is considering the related action of approving an exemption to US Ecology Idaho (USEI) from licensing to allow USEI to receive and possess the byproduct radioactive materials from VY without an NRC license. The NRC staff is issuing an environmental assessment (EA) and finding of no significant impact (FONSI) associated with the proposed approvals. DATES: The EA and FONSI in this document are available on May 7, 2021. ADDRESSES: Please refer to Docket ID NRC–2021–0103 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–2021–0103. Address questions about Docket IDs in Regulations.gov to Stacy Schumann; telephone: 301–415–0624; email: Stacy.Schumann@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 https://www.nrc.gov/reading-rm/ adams.html 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. For the convenience of the reader, instructions about obtaining materials referenced in this document are provided in the ‘‘Availability of Documents’’ section. • Attention: The PDR, where you may examine and order copies of public documents, is currently closed. You may submit your request to the PDR via email at pdr.resource@nrc.gov or call 1– 800–397–4209 or 301–415–4737, between 8:00 a.m. and 4:00 p.m. (EST), Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Jack D. Parrott, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555–00001; telephone: 301–415– 6634, email: Jack.Parrott@nrc.gov. SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 19:55 May 06, 2021 Jkt 253001 I. Introduction The NRC is considering a request by NorthStar, dated May 20, 2020, as supplemented by letter dated September 21, 2020, and email dated March 15, 2021, for alternate disposal of approximately 7.57 million liters (2,000,000 gallons) of low-activity radioactive wastewater containing byproduct material, from activities associated with the decommissioning process at VY, to the USEI Resource Conservation and Recovery Act (RCRA) Subtitle C hazardous and low-activity radioactive waste treatment and disposal facility located near Grand View, Idaho. Additionally, USEI requested, by letter dated May 4, 2020, an exemption from the licensing requirements of § 30.3 of title 10 of the Code of Federal Regulations (10 CFR) to allow USEI to receive, process, and dispose of byproduct radioactive material from VY without an NRC license. These requests were made under the alternate disposal provision contained in 10 CFR 20.2002 and the exemption provisions in 10 CFR 30.11. This EA has been developed in accordance with the requirements of 10 CFR 51.30. II. Environmental Assessment Description of Proposed Action The proposed action consists of NRC approval of NorthStar’s alternate disposal request under 10 CFR 20.2002 and USEI’s exemption request under 10 CFR 30.11. The proposed action arises from the decommissioning of the shutdown VY reactor facility. By letter dated January 12, 2015, Entergy Nuclear Operations, Inc. (ENO—the previous VY licensee) certified that VY had permanently ceased power operations and that all fuel had been permanently removed from the reactor vessel and placed in the spent fuel pool, thus beginning the decommissioning phase for VY. In its May 20, 2020 letter, NorthStar requested approval for the alternative waste disposal of certain low-activity radioactive wastewater containing byproduct material (wastewater) resulting from activities associated with the VY decommissioning process. NorthStar’s May 20, 2020 letter transmitted its application for alternative waste disposal, which was submitted in accordance with 10 CFR 20.2002. NorthStar’s application described the processing and disposal of the wastewater at the USEI facility. In its May 4, 2020 letter, USEI also requested an exemption from the licensing requirements of 10 CFR 30.3, pursuant to 10 CFR 30.11, for the USEI PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 facility in Grand View, Idaho, to allow for the disposal of VY wastewater. Because the USEI facility is not licensed by the NRC, this proposed action would require the NRC to exempt USEI from the Atomic Energy Act of 1954, as amended (AEA) and NRC licensing requirements in 10 CFR part 30 with respect to the low-activity material authorized for disposal. This request is similar to the previous VY request for alternate disposal of 757,082 liters (200,000 gal) of lowactivity radioactive wastewater to the same USEI facility in 2016 that was approved by the NRC in 2017. The primary difference between the previous request and the request described in this EA/FONSI is the increased volume of the material to be disposed. The USEI facility is a RCRA Subtitle C hazardous waste disposal facility permitted by the State of Idaho. The USEI site has both natural and engineered features that limit the release of any stored radioactive material into the environment. The natural features include an arid climate with an annual precipitation rate of 18.4 cm (7.4 in)/ year, and an average vertical distance to groundwater below the disposal zone of 61 m (203 ft). The engineered features include the waste disposal facility covers, the liners, and the leachate monitoring systems. The wastewater would be transported by rail tanker from the VY facility in Vernon, Vermont to the USEI rail transfer facility located in Mayfield, Idaho. Upon receipt of the water at the rail transfer facility, the wastewater will be transferred to tanker trucks and transported by roadway to the stabilization facility on the USEI site where it will be solidified by mixing with clay prior to disposal. The wastewater to be disposed consists of approximately 7.57 million liters (2,000,000 gal) of plant process and infiltration water associated with the decommissioning of VY. This water will include fission and activation products resulting from VY operations. The radionuclide concentrations in the wastewater, are described in NorthStar’s submittal, and are of low activity consistent with ongoing demolition activities including reactor vessel segmentation and removal. For conservatism, the radiological concentrations in the water to be solidified are assumed by the licensee to be above the measured amount for any radionuclide that was detected and above the minimum detectable concentration for any radionuclide that was not detected. E:\FR\FM\07MYN1.SGM 07MYN1 Federal Register / Vol. 86, No. 87 / Friday, May 7, 2021 / Notices Need for Proposed Action The need for the proposed action is to authorize an appropriate method of disposal for surplus wastewater containing radioactive material currently stored or expected to be generated at the shutdown VY power reactor in Vernon, VT. The wastewater is generated as a result of ongoing demolition activities including reactor vessel segmentation and removal. The USEI facility in Grand View, Idaho has the capability to receive and process the wastewater, solidify it with clay and disposed of it as a soil-like waste. Environmental Impacts of the Proposed Action The NRC staff has reviewed the evaluation performed by the licensee to demonstrate compliance with the 10 CFR 20.2002 alternate disposal criteria. Under these criteria, a licensee may seek NRC authorization to dispose of licensed material using procedures not otherwise authorized by NRC regulations. The licensee’s application must include a description of the waste containing the licensed material, including the physical and chemical properties important to risk evaluation, and the proposed manner and conditions of disposal. The application must also include an analysis and evaluation of pertinent environmental information and the nature and location of any other potentially affected licensed and unlicensed facilities. Finally, the licensee’s supporting analysis must show that the radiological doses arising from the proposed 10 CFR 20.2002 disposal will be as low as reasonably achievable and within the 10 CFR part 20 dose limits. Based on this analysis, NorthStar concludes that the dose equivalent for the maximally exposed individual, which includes workers involved in the transportation and placement of this waste, will not exceed ‘‘a few mrem per year.’’ The standard of a ‘‘few [millirem per year] mrem/yr’’ to a member of the public is set forth in NRC Regulatory Issues Summary 2004–08, ‘‘Results of the License Termination Rule Analysis.’’ The USEI workers are treated as members of the public because the USEI site, while permitted by the State of Idaho under RCRA to accept certain radioactive materials, is not licensed by the NRC. The NRC staff evaluated activities and potential doses associated with waste handling and disposal as part of the review of this 10 CFR 20.2002 request. The NRC staff notes that the evaluation of the transport dose to the public is not required per the most recent revision to VerDate Sep<11>2014 19:55 May 06, 2021 Jkt 253001 the ‘‘Guidance for the Reviews of Proposed Disposal Procedures and Transfers of Radioactive Material under 10 CFR 20.2002 and 10 CFR 40.13(a).’’ Therefore, the NRC staff did not review the transport dose during their review of this 20.2002 request. The NRC staff evaluation is documented in a Safety Evaluation Report (SER). The NRC’s SER found that the licensee’s projected doses to individual USEI workers have been appropriately estimated and are demonstrated to meet the NRC’s alternate disposal requirement of not more than ‘‘a few mrem/yr’’ to any member of the public. The licensee also performed a radiological assessment of the potential dose to the general public from the USEI RCRA facility after its closure. They evaluated a post-closure dose to a member of the public, the intruder construction scenario, the intruder well drilling scenario, and the intruder driller occupancy scenario. The NRC guidance on the review of 20.2002 requests notes that a licensee can take credit for a thick cover to eliminate exposure scenarios involving intrusion into the waste, such as eliminating a basement excavation scenario if a cover is thicker than 3 m, because excavations are typically less than 3 m. Since the USEI cover is expected to be 6 m thick, the NRC staff concluded in the SER that the intruder construction scenario is not likely at the USEI site and that all of the other results for potential dose to the general public were not more than ‘‘a few mrem/yr.’’ The NRC staff’s independent review of the post-closure and intruder scenarios described in the SER confirmed that the maximum projected dose over a period of 1,000 years is also within ‘‘a few mrem/yr.’’ The proposed action and attendant exemption of the disposal site from further AEA and NRC licensing requirements will not significantly increase the probability or consequences of accidents, and there is no significant increase in occupational or public radiation exposure at the off-site disposal facility. In general, the sorts of activities associated with the proposed action at the VY facility are bounded by the environmental analyses in the NRC’s ‘‘Generic Environmental Impact Statement on Decommissioning of Nuclear Facilities,’’ NUREG–0586, Supplement 1, Volume 1 (2002) which discusses the processing of contaminated liquids, and the removal and transportation of radioactively contaminated material from decommissioning power reactor sites. This EA incorporates by reference and tiers from NUREG–0586, Supplement 1, Volume 1. Additionally, the NRC staff PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 24677 determined that the proposed action (i.e., undertaking) does not involve the development or disturbance of additional land so is not the type of activity that would have the potential to cause effects on historic properties, and would have no effect on endangered or threatened species or their critical habitat not already evaluated in the Post Shutdown Decommissioning Activities Report (PSDAR) for Vermont Yankee and revised PSDAR. Environmental Impacts of the Alternatives to the Proposed Action As an alternative to the proposed action, the NRC staff considered the noaction alternative, under which the staff would deny the disposal request. The denial of the request would result in the wastewater being transported to a licensed low-level radioactive waste processing and disposal facility that is authorized to take this wastewater. All other factors would remain the same or similar. Therefore, the environmental impacts of the proposed action and the no-action alternative are similar, and the no-action alternative is accordingly was not further considered. Agencies and Persons Consulted The NRC provided a draft of this EA and draft of the NRC SER for this proposed action to the Idaho Department of Environmental Quality and the Vermont Department of Public Service for review on December 22, 2020, for a 30-day review. The State of Idaho Department of Environmental Quality (IDEQ) responded by letter dated January 12, 2021. The IDEQ had no technical comments but had one concern that the US Ecology’s SiteSpecific Dose Assessment methodology documents were not available for review. The State of Vermont Department of Public Service responded by letter dated January 29, 2021 and identified items for further clarification concerning the safety evaluation: 1) the dose from the cross country transportation of the contaminated wastewater from VY to the USEI facility; 2) the dose from multiple rail tank cars containing contaminated wastewater being marshalled in one location in transit or at the USEI facility; 3) the number of railcar shipments that would be needed to transport the 7.57 million liters (2,000,000 gal) of contaminated wastewater from VY to the USEI facility and the potential impact that would have on the dose estimates; and, 4) if this request would be sufficient to complete the disposal of the any remaining wastewater from VY, specifically any generated from the final decontamination of the structures E:\FR\FM\07MYN1.SGM 07MYN1 24678 Federal Register / Vol. 86, No. 87 / Friday, May 7, 2021 / Notices containing the contaminated wastewater that might have accumulated sediments at the bottom with potentially higher activity per volume than that contained in the wastewater. These comments were addressed in the revised SER. III. Finding of No Significant Impact The proposed action consists of the NRC approval of NorthStar’s alternate disposal request under 10 CFR 20.2002 and USEI’s exemption request under 10 CFR 30.11. The NRC staff has prepared this EA in support of the proposed action. On the basis of this EA and NUREG–0586, Supplement 1, which is incorporated by reference, the NRC finds that the proposed action will not have a significant effect on the quality of the human environment, and therefore, the preparation of an environmental impact statement is not warranted. Accordingly, the NRC has determined that a FONSI is appropriate. IV. Availability of Documents The documents identified in the following table are available to interested persons through one or more of the following methods, as indicated. Document description ADAMS Accession No. Alternate disposal request by NorthStar, dated May 20, 2020 ................................ Alternate disposal request supplement letter, dated September 21, 2020 .............. Alternate disposal request supplement ..................................................................... e-mail, dated March 15, 2021 ................................................................................... USEI request for exemption, dated May 4, 2020 ..................................................... Safety Evaluation Report, dated March 18, 2021 .................................................... ‘‘Guidance for the Reviews of Proposed Disposal Procedures and Transfers of Radioactive Material under 10 CFR 20.2002 and 10 CFR 40.13(a),’’ published April 2020. ENO letter certifying cessation of power operations, dated January 12, 2015 ........ NRC Regulatory Issues Summary 2004–08, ‘‘Results of the License Termination Rule Analysis,’’ dated May 28, 2004. NRC’s ‘‘Generic Environmental Impact Statement on Decommissioning of Nuclear Facilities,’’ NUREG–0586, Supplement 1, Volume 1. PSDAR for Vermont Yankee, dated December 19, 2014 ........................................ Revised PSDAR for Vermont Yankee, dated April 6, 2017 ..................................... Draft NRC EA and SER e-mail sent to the Idaho Department of Environmental Quality and the Vermont Department of Public Service on December 22, 2020. The State of Idaho Department of Environmental Quality response letter, dated January 12, 2021. The State of Vermont Department of Public Service response letter, dated January 29, 2021. Dated: May 4, 2021. For the U.S. Nuclear Regulatory Commission. Bruce A. Watson, Chief, Reactor Decommissioning Branch, Division of Decommissioning, Uranium Recovery, and Waste Programs, Office of Nuclear Materials Safety and Safeguards. BILLING CODE 7590–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–91743; File No. SR–MIAX– 2021–14] Self-Regulatory Organizations; Miami International Securities Exchange, LLC: Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Exchange’s Rulebook and Fee Schedule To Reflect a Rebranding of the Exchange’s Affiliate, MIAX PEARL, LLC (‘‘MIAX Pearl’’) Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Act’’),1 and Rule 19b–4 thereunder,2 1 15 2 17 U.S.C. 78s(b)(1). CFR 240.19b–4. VerDate Sep<11>2014 19:55 May 06, 2021 ML15013A426. ML041460385. ML023470327 (Package). ML14357A110. ML17096A394. ML21006A024. ML21028A526. ML21032A093. I. Self-Regulatory Organization’s Statement of the Terms of Substance of the Proposed Rule Change The Exchange is filing a proposal to amend the Exchange’s Rulebook and Fee Schedule to reflect a rebranding of the Exchange’s affiliate, MIAX PEARL, LLC (‘‘MIAX Pearl’’). The Exchange has designated the proposed rule change as one being concerned solely with the administration of the Exchange pursuant to Section 19(b)(3)(A)(iii) of the Act 3 and Rule 19b–4(f)(3) thereunder,4 which renders the proposal effective upon filing with the Commission. 3 15 4 17 Jkt 253001 ML20174A590. ML21081A085. ML18296A068. notice is hereby given that on April 22, 2021, Miami International Securities Exchange, LLC (‘‘MIAX Options’’ or the ‘‘Exchange’’) filed with the Securities and Exchange Commission (‘‘Commission’’) a proposed rule change as described in Items I, II, and III below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. [FR Doc. 2021–09720 Filed 5–6–21; 8:45 am] May 3, 2021. ML20157A123. ML20290A492. ML21075A144 (Package). PO 00000 The text of the proposed rule change is available on the Exchange’s website at https://www.miaxoptions.com/rulefilings/ at MIAX Options’ principal office, and at the Commission’s Public Reference Room. II. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements. U.S.C. 78s(b)(3)(A)(iii). CFR 240.19b–4(f)(3). Frm 00097 Fmt 4703 Sfmt 4703 E:\FR\FM\07MYN1.SGM 07MYN1

Agencies

[Federal Register Volume 86, Number 87 (Friday, May 7, 2021)]
[Notices]
[Pages 24675-24678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09720]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-271; NRC-2021-0103]


Vermont Yankee and US Ecology Idaho Alternate Disposal Request

AGENCY: Nuclear Regulatory Commission.

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

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering 
issuing an approval to NorthStar Nuclear Decommissioning Co., LLC 
(NorthStar, or the licensee) for alternate disposal of low-activity 
radioactive

[[Page 24676]]

wastewater containing byproduct material from the Vermont Yankee 
Nuclear Power Station (VY) located in Vernon, Vermont. Additionally, 
the NRC is considering the related action of approving an exemption to 
US Ecology Idaho (USEI) from licensing to allow USEI to receive and 
possess the byproduct radioactive materials from VY without an NRC 
license. The NRC staff is issuing an environmental assessment (EA) and 
finding of no significant impact (FONSI) associated with the proposed 
approvals.

DATES: The EA and FONSI in this document are available on May 7, 2021.

ADDRESSES: Please refer to Docket ID NRC-2021-0103 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-2021-0103. Address 
questions about Docket IDs in Regulations.gov to Stacy Schumann; 
telephone: 301-415-0624; 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 https://www.nrc.gov/reading-rm/adams.html 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]. For the convenience of the reader, instructions 
about obtaining materials referenced in this document are provided in 
the ``Availability of Documents'' section.
     Attention: The PDR, where you may examine and order copies 
of public documents, is currently closed. You may submit your request 
to the PDR via email at [email protected] or call 1-800-397-4209 or 
301-415-4737, between 8:00 a.m. and 4:00 p.m. (EST), Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jack D. Parrott, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-00001; telephone: 301-415-6634, email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    The NRC is considering a request by NorthStar, dated May 20, 2020, 
as supplemented by letter dated September 21, 2020, and email dated 
March 15, 2021, for alternate disposal of approximately 7.57 million 
liters (2,000,000 gallons) of low-activity radioactive wastewater 
containing byproduct material, from activities associated with the 
decommissioning process at VY, to the USEI Resource Conservation and 
Recovery Act (RCRA) Subtitle C hazardous and low-activity radioactive 
waste treatment and disposal facility located near Grand View, Idaho. 
Additionally, USEI requested, by letter dated May 4, 2020, an exemption 
from the licensing requirements of Sec.  30.3 of title 10 of the Code 
of Federal Regulations (10 CFR) to allow USEI to receive, process, and 
dispose of byproduct radioactive material from VY without an NRC 
license. These requests were made under the alternate disposal 
provision contained in 10 CFR 20.2002 and the exemption provisions in 
10 CFR 30.11. This EA has been developed in accordance with the 
requirements of 10 CFR 51.30.

II. Environmental Assessment

Description of Proposed Action

    The proposed action consists of NRC approval of NorthStar's 
alternate disposal request under 10 CFR 20.2002 and USEI's exemption 
request under 10 CFR 30.11. The proposed action arises from the 
decommissioning of the shutdown VY reactor facility. By letter dated 
January 12, 2015, Entergy Nuclear Operations, Inc. (ENO--the previous 
VY licensee) certified that VY had permanently ceased power operations 
and that all fuel had been permanently removed from the reactor vessel 
and placed in the spent fuel pool, thus beginning the decommissioning 
phase for VY.
    In its May 20, 2020 letter, NorthStar requested approval for the 
alternative waste disposal of certain low-activity radioactive 
wastewater containing byproduct material (wastewater) resulting from 
activities associated with the VY decommissioning process. NorthStar's 
May 20, 2020 letter transmitted its application for alternative waste 
disposal, which was submitted in accordance with 10 CFR 20.2002. 
NorthStar's application described the processing and disposal of the 
wastewater at the USEI facility.
    In its May 4, 2020 letter, USEI also requested an exemption from 
the licensing requirements of 10 CFR 30.3, pursuant to 10 CFR 30.11, 
for the USEI facility in Grand View, Idaho, to allow for the disposal 
of VY wastewater. Because the USEI facility is not licensed by the NRC, 
this proposed action would require the NRC to exempt USEI from the 
Atomic Energy Act of 1954, as amended (AEA) and NRC licensing 
requirements in 10 CFR part 30 with respect to the low-activity 
material authorized for disposal.
    This request is similar to the previous VY request for alternate 
disposal of 757,082 liters (200,000 gal) of low-activity radioactive 
wastewater to the same USEI facility in 2016 that was approved by the 
NRC in 2017. The primary difference between the previous request and 
the request described in this EA/FONSI is the increased volume of the 
material to be disposed.
    The USEI facility is a RCRA Subtitle C hazardous waste disposal 
facility permitted by the State of Idaho. The USEI site has both 
natural and engineered features that limit the release of any stored 
radioactive material into the environment. The natural features include 
an arid climate with an annual precipitation rate of 18.4 cm (7.4 in)/
year, and an average vertical distance to groundwater below the 
disposal zone of 61 m (203 ft). The engineered features include the 
waste disposal facility covers, the liners, and the leachate monitoring 
systems. The wastewater would be transported by rail tanker from the VY 
facility in Vernon, Vermont to the USEI rail transfer facility located 
in Mayfield, Idaho. Upon receipt of the water at the rail transfer 
facility, the wastewater will be transferred to tanker trucks and 
transported by roadway to the stabilization facility on the USEI site 
where it will be solidified by mixing with clay prior to disposal.
    The wastewater to be disposed consists of approximately 7.57 
million liters (2,000,000 gal) of plant process and infiltration water 
associated with the decommissioning of VY. This water will include 
fission and activation products resulting from VY operations. The 
radionuclide concentrations in the wastewater, are described in 
NorthStar's submittal, and are of low activity consistent with ongoing 
demolition activities including reactor vessel segmentation and 
removal. For conservatism, the radiological concentrations in the water 
to be solidified are assumed by the licensee to be above the measured 
amount for any radionuclide that was detected and above the minimum 
detectable concentration for any radionuclide that was not detected.

[[Page 24677]]

Need for Proposed Action

    The need for the proposed action is to authorize an appropriate 
method of disposal for surplus wastewater containing radioactive 
material currently stored or expected to be generated at the shutdown 
VY power reactor in Vernon, VT. The wastewater is generated as a result 
of ongoing demolition activities including reactor vessel segmentation 
and removal. The USEI facility in Grand View, Idaho has the capability 
to receive and process the wastewater, solidify it with clay and 
disposed of it as a soil-like waste.

Environmental Impacts of the Proposed Action

    The NRC staff has reviewed the evaluation performed by the licensee 
to demonstrate compliance with the 10 CFR 20.2002 alternate disposal 
criteria. Under these criteria, a licensee may seek NRC authorization 
to dispose of licensed material using procedures not otherwise 
authorized by NRC regulations. The licensee's application must include 
a description of the waste containing the licensed material, including 
the physical and chemical properties important to risk evaluation, and 
the proposed manner and conditions of disposal. The application must 
also include an analysis and evaluation of pertinent environmental 
information and the nature and location of any other potentially 
affected licensed and unlicensed facilities. Finally, the licensee's 
supporting analysis must show that the radiological doses arising from 
the proposed 10 CFR 20.2002 disposal will be as low as reasonably 
achievable and within the 10 CFR part 20 dose limits.
    Based on this analysis, NorthStar concludes that the dose 
equivalent for the maximally exposed individual, which includes workers 
involved in the transportation and placement of this waste, will not 
exceed ``a few mrem per year.'' The standard of a ``few [millirem per 
year] mrem/yr'' to a member of the public is set forth in NRC 
Regulatory Issues Summary 2004-08, ``Results of the License Termination 
Rule Analysis.'' The USEI workers are treated as members of the public 
because the USEI site, while permitted by the State of Idaho under RCRA 
to accept certain radioactive materials, is not licensed by the NRC.
    The NRC staff evaluated activities and potential doses associated 
with waste handling and disposal as part of the review of this 10 CFR 
20.2002 request. The NRC staff notes that the evaluation of the 
transport dose to the public is not required per the most recent 
revision to the ``Guidance for the Reviews of Proposed Disposal 
Procedures and Transfers of Radioactive Material under 10 CFR 20.2002 
and 10 CFR 40.13(a).'' Therefore, the NRC staff did not review the 
transport dose during their review of this 20.2002 request. The NRC 
staff evaluation is documented in a Safety Evaluation Report (SER). The 
NRC's SER found that the licensee's projected doses to individual USEI 
workers have been appropriately estimated and are demonstrated to meet 
the NRC's alternate disposal requirement of not more than ``a few mrem/
yr'' to any member of the public.
    The licensee also performed a radiological assessment of the 
potential dose to the general public from the USEI RCRA facility after 
its closure. They evaluated a post-closure dose to a member of the 
public, the intruder construction scenario, the intruder well drilling 
scenario, and the intruder driller occupancy scenario. The NRC guidance 
on the review of 20.2002 requests notes that a licensee can take credit 
for a thick cover to eliminate exposure scenarios involving intrusion 
into the waste, such as eliminating a basement excavation scenario if a 
cover is thicker than 3 m, because excavations are typically less than 
3 m. Since the USEI cover is expected to be 6 m thick, the NRC staff 
concluded in the SER that the intruder construction scenario is not 
likely at the USEI site and that all of the other results for potential 
dose to the general public were not more than ``a few mrem/yr.'' The 
NRC staff's independent review of the post-closure and intruder 
scenarios described in the SER confirmed that the maximum projected 
dose over a period of 1,000 years is also within ``a few mrem/yr.''
    The proposed action and attendant exemption of the disposal site 
from further AEA and NRC licensing requirements will not significantly 
increase the probability or consequences of accidents, and there is no 
significant increase in occupational or public radiation exposure at 
the off-site disposal facility. In general, the sorts of activities 
associated with the proposed action at the VY facility are bounded by 
the environmental analyses in the NRC's ``Generic Environmental Impact 
Statement on Decommissioning of Nuclear Facilities,'' NUREG-0586, 
Supplement 1, Volume 1 (2002) which discusses the processing of 
contaminated liquids, and the removal and transportation of 
radioactively contaminated material from decommissioning power reactor 
sites. This EA incorporates by reference and tiers from NUREG-0586, 
Supplement 1, Volume 1. Additionally, the NRC staff determined that the 
proposed action (i.e., undertaking) does not involve the development or 
disturbance of additional land so is not the type of activity that 
would have the potential to cause effects on historic properties, and 
would have no effect on endangered or threatened species or their 
critical habitat not already evaluated in the Post Shutdown 
Decommissioning Activities Report (PSDAR) for Vermont Yankee and 
revised PSDAR.

Environmental Impacts of the Alternatives to the Proposed Action

    As an alternative to the proposed action, the NRC staff considered 
the no-action alternative, under which the staff would deny the 
disposal request. The denial of the request would result in the 
wastewater being transported to a licensed low-level radioactive waste 
processing and disposal facility that is authorized to take this 
wastewater. All other factors would remain the same or similar. 
Therefore, the environmental impacts of the proposed action and the no-
action alternative are similar, and the no-action alternative is 
accordingly was not further considered.

Agencies and Persons Consulted

    The NRC provided a draft of this EA and draft of the NRC SER for 
this proposed action to the Idaho Department of Environmental Quality 
and the Vermont Department of Public Service for review on December 22, 
2020, for a 30-day review. The State of Idaho Department of 
Environmental Quality (IDEQ) responded by letter dated January 12, 
2021. The IDEQ had no technical comments but had one concern that the 
US Ecology's Site-Specific Dose Assessment methodology documents were 
not available for review. The State of Vermont Department of Public 
Service responded by letter dated January 29, 2021 and identified items 
for further clarification concerning the safety evaluation: 1) the dose 
from the cross country transportation of the contaminated wastewater 
from VY to the USEI facility; 2) the dose from multiple rail tank cars 
containing contaminated wastewater being marshalled in one location in 
transit or at the USEI facility; 3) the number of railcar shipments 
that would be needed to transport the 7.57 million liters (2,000,000 
gal) of contaminated wastewater from VY to the USEI facility and the 
potential impact that would have on the dose estimates; and, 4) if this 
request would be sufficient to complete the disposal of the any 
remaining wastewater from VY, specifically any generated from the final 
decontamination of the structures

[[Page 24678]]

containing the contaminated wastewater that might have accumulated 
sediments at the bottom with potentially higher activity per volume 
than that contained in the wastewater. These comments were addressed in 
the revised SER.

III. Finding of No Significant Impact

    The proposed action consists of the NRC approval of NorthStar's 
alternate disposal request under 10 CFR 20.2002 and USEI's exemption 
request under 10 CFR 30.11. The NRC staff has prepared this EA in 
support of the proposed action. On the basis of this EA and NUREG-0586, 
Supplement 1, which is incorporated by reference, the NRC finds that 
the proposed action will not have a significant effect on the quality 
of the human environment, and therefore, the preparation of an 
environmental impact statement is not warranted. Accordingly, the NRC 
has determined that a FONSI is appropriate.

IV. Availability of Documents

    The documents identified in the following table are available to 
interested persons through one or more of the following methods, as 
indicated.

------------------------------------------------------------------------
          Document description                  ADAMS Accession No.
------------------------------------------------------------------------
Alternate disposal request by NorthStar,  ML20157A123.
 dated May 20, 2020.
Alternate disposal request supplement     ML20290A492.
 letter, dated September 21, 2020.
Alternate disposal request supplement...  ML21075A144 (Package).
e-mail, dated March 15, 2021............
USEI request for exemption, dated May 4,  ML20174A590.
 2020.
Safety Evaluation Report, dated March     ML21081A085.
 18, 2021.
``Guidance for the Reviews of Proposed    ML18296A068.
 Disposal Procedures and Transfers of
 Radioactive Material under 10 CFR
 20.2002 and 10 CFR 40.13(a),''
 published April 2020.
ENO letter certifying cessation of power  ML15013A426.
 operations, dated January 12, 2015.
NRC Regulatory Issues Summary 2004-08,    ML041460385.
 ``Results of the License Termination
 Rule Analysis,'' dated May 28, 2004.
NRC's ``Generic Environmental Impact      ML023470327 (Package).
 Statement on Decommissioning of Nuclear
 Facilities,'' NUREG-0586, Supplement 1,
 Volume 1.
PSDAR for Vermont Yankee, dated December  ML14357A110.
 19, 2014.
Revised PSDAR for Vermont Yankee, dated   ML17096A394.
 April 6, 2017.
Draft NRC EA and SER e-mail sent to the   ML21006A024.
 Idaho Department of Environmental
 Quality and the Vermont Department of
 Public Service on December 22, 2020.
The State of Idaho Department of          ML21028A526.
 Environmental Quality response letter,
 dated January 12, 2021.
The State of Vermont Department of        ML21032A093.
 Public Service response letter, dated
 January 29, 2021.
------------------------------------------------------------------------


    Dated: May 4, 2021.

    For the U.S. Nuclear Regulatory Commission.
Bruce A. Watson,
Chief, Reactor Decommissioning Branch, Division of Decommissioning, 
Uranium Recovery, and Waste Programs, Office of Nuclear Materials 
Safety and Safeguards.
[FR Doc. 2021-09720 Filed 5-6-21; 8:45 am]
BILLING CODE 7590-01-P
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