GE-Hitachi Nuclear Energy Americas, LLC; Nuclear Test Reactor, 17274-17280 [2023-05876]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 88, Number 55 (Wednesday, March 22, 2023)]
[Notices]
[Pages 17274-17280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05876]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-073; NRC-2023-0051]


GE-Hitachi Nuclear Energy Americas, LLC; Nuclear Test Reactor

AGENCY: Nuclear Regulatory Commission.

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

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering 
renewal of Facility License No. R-33, held by the GE-Hitachi Nuclear 
Energy Americas, LLC (GE-Hitachi or the licensee), for the continued 
operation of the Nuclear Test Reactor (NTR or the reactor), located on 
the Vallecitos Nuclear Center (VNC) site in Sunol, Alameda County, CA. 
The NRC is issuing an environmental assessment (EA) and finding of no 
significant impact (FONSI) associated with the proposed action.

DATES: The EA and FONSI referenced in this document are available on 
March 22, 2023.

ADDRESSES: Please refer to Docket ID NRC-2023-0051 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-2023-0051. 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 ``Begin Web-based ADAMS 
Search.'' For problems with ADAMS, please contact the NRC's Public 
Document Room (PDR) reference staff by phone at 1-800-397-4209 or 301-
415-4737, or by email to

[[Page 17275]]

[email protected]. For the convenience of the reader, the ADAMS 
accession numbers are provided in a table in the ``Availability of 
Documents'' section of this document.
     NRC's PDR: You may examine and purchase copies of public 
documents, by appointment, at the NRC's PDR, Room P1 B35, One White 
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make 
an appointment to visit the PDR, please send an email to 
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8 
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Duane Hardesty, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-3724; email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    The NRC is considering issuance of a renewed Facility Operating 
License No. R-33, held by GE-Hitachi, which would authorize continued 
operation of its NTR, located on the VNC site in Sunol, Alameda County, 
CA. The renewed license would authorize continued operation of the NTR 
for an additional 20 years from the date of issuance of the renewed 
license.
    As required by section 51.21 of title 10 of the Code of Federal 
Regulations (10 CFR), ``Criteria for and identification of licensing 
and regulatory actions requiring environmental assessments,'' the NRC 
staff prepared this EA documenting its environmental review. Based on 
the results of the environmental review as documented in the EA that 
follows, the NRC has determined not to prepare an environmental impact 
statement for the proposed renewed license and is issuing a FONSI in 
accordance with 10 CFR 51.32, ``Finding of no significant impact.''

II. Environmental Assessment

Facility Site and Environs

    The NTR at the Vallecitos Nuclear Center is a heterogeneous, high-
enriched-uranium, graphite-moderated and reflected light-water-cooled 
thermal reactor. It is licensed to operate at a power level of up to 
100 kilowatts thermal (kWt) and has been in operation since 1957. The 
NTR is fueled by highly enriched uranium-aluminum alloy disks clad with 
aluminum.
    The NTR lies within the VNC site on the north side of Vallecitos 
Valley in Sunol, Alameda County, CA. The site slopes upwards from 400 
feet (122 meters (m)) above mean sea level (MSL) at its relatively flat 
southern end to 1,200 feet (366 m) above MSL along a northern ridge. 
The southern end of the property drains southwest through ditches to 
Vallecitos Creek, which then discharges to Arroyo de la Laguna near the 
north end of Sunol Valley. Vallecitos Valley is approximately 2 miles 
(3.2 kilometers (km)) long and 1 mile (1.6 km) wide and primarily 
consists of undeveloped grasslands. The towns of Pleasanton and 
Livermore lie approximately 4 miles (6.4 km) north and 5 miles (8 km) 
northeast of the VNC site, respectively. Fremont lies approximately 8 
miles (12.9 km) southwest of the site.
    The NTR is housed within Building 105 of the VNC site. Building 105 
lies on a 135-acre (54.7-hectare (ha)) parcel in the southwest quadrant 
of the site. In addition to the NTR, the building contains offices, 
laboratories, and storage areas. This area of the site also includes 
several other buildings and high structures, including a 15-foot-tall 
(4.6-m) gas-fired boiler exhaust stack and several single and 
multistory buildings, including Buildings 102, 103, and 106. 
Additionally, the site contains three other reactor facilities: 
Vallecitos Boiling-Water Reactor (DPR-1), Empire State Atomic 
Development Agency Vallecitos Experimental Superheat Reactor (DR-10), 
and GE Test Reactor (TR-1). DPR-1 and DR-10 are permanently shut down 
and in active decommissioning. TR-1 is permanently shut down and 
currently in SAFSTOR (i.e., Safe Storage) under a possession-only 
license. Figures 1 and 2 in GE-Hitachi's Environmental Report (ER) 
(included in the list of documents associated with the license renewal 
application and can be found in Section III ``Availability of 
Documents'' at the end of this notice) provide a map of the VNC site 
and an aerial photograph of the site's developed area, respectively. 
The descriptions of the NTR facility, the site, and the surrounding 
environs in this EA originate from GE-Hitachi's ER or GE-Hitachi's 
Safety Analysis Report (SAR) (included in the list of documents 
associated with the license renewal application and can be found in 
Section III ``Availability of Documents'' at the end of this notice) 
unless otherwise cited.
    Within Building 105, the NTR is housed within a thick-walled, 
reinforced concrete Reactor Cell that includes the reactor, reactor 
control mechanisms, coolant system, and a fuel loading tank. 
Penetrations into the Reactor Cell provide for passing water, electric 
power, and air into and out of the cell. The Reactor Cell confines 
airborne radioactivity and provides for controlled release through an 
exhaust stack. The stack is 45 feet (13.7 m) above grade level and 9 
feet (2.7 m) above the highest point of Building 105. In addition to 
the Reactor Cell, the NTR includes the Control Room, North Room, South 
Cell, and Set-up Room. The Reactor Cell and these rooms collectively 
comprise the NTR and are included within the 10 CFR part 20, 
``Standards for Protection Against Radiation,'' Restricted Area wherein 
radiological controls are implemented for personnel safety.
    The Control Room contains the control console, an operator work 
area, and space for equipment and experiment preparation. Personnel in 
the Control Room may experience dose rates of 0.6 millirem per hour 
(mrem/h) during typical reactor operation and up to 2 mrem/h when the 
aperture (an opening that will allow neutrons to pass through it 
surrounded by neutron absorbing materials) between the Reactor Cell and 
the South Cell is open during neutrography operations. The North Room 
provides access to the north neutron radiography position inside the 
shielded, concrete monument, as well as the access station for the 
cable held retractable irradiation facility. The South Cell is a 
concrete shielded room that provides access to the thermal column, 
horizontal facility, and the south neutron radiography position. It 
also contains apertures to the North Room for neutron radiography. The 
Set-up Room contains storage and space for experiment set-up prior to 
irradiation or testing.
    GE-Hitachi typically operates the NTR for one shift, 5 days per 
week for a total annual average of approximately 700 full-power hours 
per year. During operation, the primary coolant core outlet temperature 
is typically 124 degrees Fahrenheit ([deg]F) (51.1 degrees Celsius 
([deg]C)). This results in a delta of 20 [deg]F (-6.7 [deg]C) (across 
the primary to secondary cooling water heat exchanger. Secondary 
cooling water temperature is usually below 95 [deg]F (35 [deg]C) and 
rarely exceeds 100 [deg]F (37.7 [deg]C). Upon leaving the heat 
exchanger, secondary cooling water flows to the facility drain, which 
discharges to 50,000-gallon (189,270-liter) site retention basins. GE-
Hitachi samples water in these basins to ensure it contains no 
radioactive material prior to release. During this process, the 
wastewater cools to ambient temperature. From the retention basins, GE-
Hitachi releases the cooled wastewater through an onsite sprinkler 
irrigation system. To ensure that these releases do not create buildup 
of trace

[[Page 17276]]

byproducts in soil runoff, GE-Hitachi periodically samples sediment in 
the discharge swale at the southeast end of the VNC property.
    The NTR shares many facilities and equipment in Building 105 with 
other laboratory facilities housed within the building. These include 
potable water, fire protection, emergency supplies and support, 
heating, ventilation, and air conditioning, AC electrical distribution, 
and compressed air.
    A detailed description of the NTR and its operations can be found 
in GE-Hitachi's SAR (included in the list of documents associated with 
the license renewal application and can be found in Section III 
``Availability of Documents'' at the end of this notice) submitted as 
part of its renewal application.

Description of the Proposed Action

    The proposed action would renew Facility Operating License No. R-33 
for a period of 20 years from the date of issuance of the renewed 
license. The proposed action would authorize GE-Hitachi to operate the 
NTR at a nominal steady-state power of 100 kWt. The proposed action is 
in accordance with the licensee's application dated November 19, 2020, 
and supplements dated September 22, 2021; April 22, 2022 and September 
15, 2022; and January 27, 2023. The NRC issued the initial facility 
operating license on October 31, 1957. The NRC subsequently issued 
renewed facility operating licenses on December 28, 1984, and April 20, 
2001. The current facility operating license was set to expire at 
midnight on April 20, 2021. In accordance with 10 CFR 2.109, ``Effect 
of timely renewal application,'' the existing license remains in effect 
until the NRC takes final action on the renewal application.

Need for the Proposed Action

    The proposed action is needed to allow the continued operation of 
the NTR to provide irradiation services for (1) neutron radiography 
(neutrography) of radioactive and nonradioactive objects, (2) small 
sample irradiation and activation, (3) sensitive reactivity 
characterizations of reactor fuel cladding material, (4) training, and 
(5) calibrations and other testing utilizing a neutron flux for the 
U.S. Department of Defense (DOD), U.S. national laboratories, and U.S. 
private industry. A significant use of the facility is the performance 
of neutron radiography on energetic devices used for DOD applications 
and the space industry. The NTR is currently one of two facilities in 
the United States that provides this service.

Environmental Impacts of the Proposed Action

    The environmental impacts of the proposed action are described in 
this EA. As discussed further, the proposed action will not have a 
significant environmental impact. In addition, the proposed action will 
not require any physical changes to the facility, and the impacts are 
similar to those occurring during past operations. Separate from this 
EA, the NRC staff is performing a safety evaluation, which will be 
available with the renewed license, if issued.
Radiological Impacts
Environmental Effects of Reactor Operations
    Gaseous radioactive effluents resulting from the routine operation 
of the NTR are released to the environment from the reactor building 
from an exhaust stack on the roof after passing through a prefilter and 
a bank of HEPA filters. The NTR stack discharge length is 45 ft (14 m). 
Argon (Ar)-41 is by far the most significant radionuclide released as a 
gaseous effluent during normal reactor operations. The maximum release 
of Ar-41 would occur from continuous operation at full power. GE-
Hitachi provided airborne radiological effluent releases for calendar 
year 2018 as an example of the releases tracked at the NTR indicating 
that the total noble gases releases from the stack was 190 curies (Ci), 
the majority of which is Ar-41. NRC staff confirmed the releases of 190 
Ci in GE-Hitachi's annual report and determined that it is reasonable 
to assume most of the releases are due to Ar-41 given that it would be 
conservative to assume this for dose calculations. The licensee's 
methodology for determining stack release rate action levels and limits 
ensures that doses to members of the public due to airborne releases 
are at or below the 10 CFR 20.1101(d) limit of 10 mrem per year. This 
meets the 100 mrem per year (mrem/yr) (1 millisieverts per year (mSv/
yr) dose equivalent to the maximally exposed individual in 10 CFR 
20.1301, ``Dose limits for individual members of the public.''
    The only liquid radiation source for the NTR is the primary 
coolant, but no radioactive liquid effluents are discharged from the 
facility. The primary coolant is regularly sampled to monitor fuel 
leakage into the primary coolant, which is vented into a holdup tank 
prior to reactor startup. The amount of water vented into the holdup 
tank is small enough that it evaporates, and the tank does not fill. 
Dose rate measurements of the reactor holdup tank show that no-long 
lived radionuclides accumulate in the tank. The total amount of liquid 
waste generated is from the primary coolant sampling, which is 
approximately one liter per sample. This sample waste is disposed of 
with the other laboratory waste.
    Solid radioactive waste generated from reactor operations at the 
NTR are primarily contaminated paper and plastic, filters, and resins. 
Shipments of solid radioactive low-level waste consist of one to three 
cubic feet (less than one cubic meter) of contaminated material per 
year with activity in the order of millicuries. Once transferred, the 
low level waste broker ships and disposes of the waste in accordance 
with applicable regulations for radioactive materials.
    No spent (irradiated) fuel will be permanently stored within the 
NTR during the license renewal term. If it is necessary to remove a 
fuel assembly, it is transferred to the fuel loading tank and special 
arrangements are made to use a shielded transfer cask and storage 
facilities elsewhere on the site. The U.S. Department of Energy (DOE) 
provides fuel for use at the NTR. GE-Hitachi has entered into a 
contract with DOE whereby the DOE retains title to the fuel and is 
obligated to take all NTR spent nuclear fuel from the site for final 
disposition. GEH does not anticipate any changes in spent fuel handling 
during the proposed license renewal term.
    As described in chapter 11, ``Radiation Protection Program/Waste 
Management,'' of the NTR SAR and verified through NRC staff review of 
the licensee's annual reports for the 5 years of operation from 2016 
through 2020, personnel exposures are well within the limits set by 10 
CFR 20.1201, ``Occupational dose limits for adults,'' and are as low as 
reasonably achievable in accordance with 10 CFR 20.1101(b). The 
licensee tracks exposures of personnel monitored with dosimeters, and 
the annual reports for the 5 years show that the personnel exposures 
(total effective dose equivalent) were usually less than one percent of 
the occupational limit of 5,000 mrem (50 mSv) per year. The greatest 
individual exposure (annual) over the last 5 years was 876 mrem (8.76 
mSv). No changes in reactor operation that would lead to an increase in 
occupational dose are expected or proposed as a result of the proposed 
action.
    The radiation monitoring systems associated with reactor operations 
at the NTR are provided and maintained as a means of ensuring 
compliance with radiation limits established under 10

[[Page 17277]]

CFR part 20. The monitoring systems consist of remote area monitors, 
continuous air monitor, portable radiation survey instruments, hand and 
foot counter, fixed air filters, and stack monitor system, as described 
in section 11.1.4, ``Radiation Monitoring and Surveying,'' of the SAR. 
The stack monitor system measures particulate and noble gases, 
respectively, that are exhausted through the NTR exhaust stack.
    The licensee has an environmental radiation program that measures 
radiation exposure in and around the VNC facility. The environmental 
radiation monitoring program surveys groundwater, stream sediments, 
vegetation, storm water, direct gamma radiation, gaseous effluents 
(which includes 4 air monitoring stations and 20 gamma radiation 
monitoring locations).
    The licensee also obtains water samples to ensure no releases into 
water pathways. The water samples are analyzed for gross alpha, beta, 
and tritium. Soil and vegetation samples are analyzed for gross beta 
and undergo gamma spectroscopy. These samples and dosimetry are 
analyzed and documented in the annual effluent and environmental 
reports. Review of the annual reports over the last 5 years of 
operation (2016 through 2021) shows no discernible radiological effect 
of NTR operations on the environment.
    Based on the review of monitoring data for the period 2016 through 
2021, the NRC staff concludes that operation of the NTR does not have 
any significant radiological impact on the surrounding environment. No 
changes in reactor operation that would affect offsite radiation levels 
are expected or proposed as a result of the proposed action. Therefore, 
the NRC staff finds that the proposed action would not have a 
significant radiological impact.
Environmental Effects of Accidents
    Accident scenarios are discussed in chapter 13, ``Accident 
Analysis,'' of the NTR SAR. The accidents analyzed in chapter 13 range 
from anticipated events to a postulated fission product release with 
radiological consequences that exceed those of any accident considered 
to be credible. The licensee considers a single-mode nonviolent failure 
of 50 mg of uranium-235 powder in a singly encapsulated container 
followed by release of fission products as the maximum hypothetical 
accident for the NTR. This accident would involve the release of 
material to the reactor cell area and into the environment with no 
credit taken for filtration of the release by the NTR stack filter 
system. The licensee uses this scenario to calculate the maximum 
concentration of fission products that might be present in the reactor 
cell. The licensee calculated doses to facility personnel during a 5 
minute evacuation duration, and also calculated the dose to a member of 
the public outside the facility during the 2 hours it would take the 
released radioactive material to pass. The licensee estimated an 
occupational dose of 500 mrem (5 mSv), and a dose of 100 mrem (1 mSv) 
to the maximally-exposed member of the public.
    Separate from this EA, the NRC staff is reviewing GE-Hitachi's 
accident analyses of the potential radiological consequences that may 
result from the proposed license renewal. The results of the NRC 
staff's safety review will be documented in a safety evaluation report 
that will be made publicly available. If the NRC staff concludes that 
the radiological consequences are within 10 CFR part 20 dose limits, 
then GE-Hitachi's accident analyses and the proposed action would not 
have a significant impact with respect to radiological consequences.
Conclusion--Radiological Impacts
    In the application for license renewal, the licensee has not 
proposed any physical changes to the reactor facility design, or 
adverse changes to facility operating conditions, that would 
significantly affect facility operation; therefore, there would be no 
changes in the types or quantities of routine effluents that may be 
released off site. The licensee has systems in place for controlling 
the release of radiological effluents and implements a radiation 
protection program to monitor personnel exposures and releases of 
radioactive effluents. Accordingly, there would be no increase in 
routine occupational or public radiation exposure as a result of the 
proposed action. Based on the information previously discussed, the NRC 
staff finds that the proposed action will not significantly increase 
the probability and consequences of accidents.
    The license renewal would not significantly change reactor 
operations. As previously discussed, information in the application and 
data reported to the NRC by the licensee for the last 5 years of 
reactor operation were evaluated to determine the radiological impact. 
The NRC staff found that releases of radioactive material and personnel 
exposures were all well within applicable regulatory limits. Based on 
this evaluation, the NRC staff finds that the continued operation of 
the reactor would have no significant radiological impacts.
Non-Radiological Impacts
    The proposed action does not involve any change in the operation of 
the reactor or change in the emissions or heat load dissipated to the 
environment. No new construction or other land disturbing activities 
are proposed. The proposed action would not result in any land use 
changes or increase in noise or air emissions, and would not have a 
significant impact on air quality, noise, visual resources, or 
ecological resources.
    Monitoring results of surface and ground water among other media 
are reported according to NTR and other site licensing requirements. 
Treated sanitary and industrial wastewater was disposed of onsite by an 
irrigation system. No surface runoff of sanitary or industrial waste 
occurred. Groundwater was monitored for gross alpha, gross beta, 
Strontium (Sr)-90 and tritium. Review of the last 5 years of analytical 
results of collected groundwater samples (2016 through 2021), shows 
that the GE-Hitachi is in compliance with all license requirements 
issued by the NRC, and NTR operation has no discernible effect on 
groundwater quality.
    GE-Hitachi uses three drainage systems at the VNC site: industrial, 
sanitary, and storm. The industrial (non-cooling contact water) and 
sanitary wastewater discharge nonradioactive effluent into any of the 
four 50,000-gallon (189,270-liter) retention basins located in the 
southwest corner of the site, which store the water for nonpotable 
purposes (e.g., landscape watering). There have been no discharges to 
surface waters from these retention basins since July 2003. The 
industrial wastewater has been discharged directly through onsite 
irrigation while the sanitary wastewater is first processed (for 
example through chlorination) and then sprayed onto VNC property by an 
irrigation system in a designated area. The storm water at the facility 
drains through a series of essentially natural ditches that merge 
before exiting the southwest corner of the site and emptying into 
Vallecitos Creek.
    Groundwater level at the VNC site varies greatly, ranging from a 
few feet below ground surface (near Retention Basins 2 and 3) to 30 to 
40 feet (9.1-12.2 m) below ground surface (northwest of the road 
leading to the water tank). Groundwater at the site generally flows 
toward the southwest at an estimated velocity of about 0.01 ft/day 
(.003 m/day) (in clays) to 8 ft/day (2.4 m/day) (in gravels) depending 
on the clay content.
    GE-Hitachi conducts effluent monitoring and environmental

[[Page 17278]]

surveillance programs to ensure compliance with effluent release limits 
as described in in 10 CFR part 20, appendix B, ``Annual Limits on 
Intake (ALIs) and Derived Air Concentrations (DACs) of Radionuclides 
for Occupational Exposure; Effluent Concentrations; Concentrations for 
Release to Sewerage,'' and to monitor any potential impacts on the 
environments around the VNC facilities. The effluent monitoring program 
includes measuring gross alpha and gross beta particle activity in 
water discharged through the site sanitary and industrial wastewater 
systems, as well as measuring tritium levels in sanitary wastewater. 
The environmental surveillance program monitors gross alpha and gross 
beta in sediments from neighboring streams, groundwater, and vegetation 
at locations near or beyond the site perimeter and monitoring Cobalt 
(Co)-60 and Cesuim (Cs)-137 in stream sediment.
    Recent records from the facility's effluent monitoring program show 
that in monthly testing of industrial effluent, gross alpha varied from 
nondetectable to 4.96 picoCuries per liter (pCi/L), and gross beta from 
0.79 pCi/L to 6.14 pCi/L. In 2021, tritium was detected from 24 pCi/L 
to 633 pCi/L in the industrial effluent. Compared to industrial 
effluents, monthly testing of sanitary effluents generally showed lower 
levels of radioactivity. In 2021, the highest concentrations of gross 
alpha measured in sanitary effluent was 3.71 pCi/L, gross beta was 5.39 
pCi/L, and tritium was 485 pCi/L. As part of the environmental 
surveillance program, the facility tests stream sediment at locations 
near or beyond the site perimeter. In 2021 testing of stream sediment, 
gross alpha was detected at 4.73 Ci/L, gross beta at 1.6 pCi/L, and 
both Co-60 and Cs[hyphen]137 were not detected.
    GE-Hitachi monitors groundwater at the VNC site quarterly by 
collecting from eight wells located on or near the VNC site. The 
samples are analyzed for gross alpha, gross beta, tritium, and Sr-90. 
In 2021, the highest levels of gross alpha and gross beta detected were 
6.51 pCi/L and 4 pCi/L, respectively. In 2021, the highest level of 
tritium detected in the groundwater was 857 pCi/L.
    In summary, effluent discharges from the VNC site comply with the 
facility's industrial and sanitary wastewater discharge limits as 
described in licenses issued by the NRC and the California Department 
of Health. No direct surface runoff of processed sanitary or industrial 
wastewater occurred in 2021. The impacts of the continued operation of 
the NTR on surface water and groundwater are minimal. Hazardous 
chemicals may be used in experiments at the NTR, but no releases of 
potentially hazardous chemicals to the environment occur during normal 
facility operation. Therefore, the NRC staff concludes that the 
proposed action would have no significant non-radiological impacts.
Other Applicable Environmental Laws
    In addition to the National Environmental Policy Act, which 
requires Federal agencies to consider the environmental impacts of 
proposed actions, the NRC has responsibilities that are derived from 
other environmental laws, which include the Endangered Species Act 
(ESA), Coastal Zone Management Act (CZMA), Fish and Wildlife 
Coordination Act (FWCA), National Historic Preservation Act (NHPA), and 
Executive Order 12898, ``Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations.'' The 
following presents a brief discussion of impacts associated with 
resources protected by these laws and related requirements.
Endangered Species Act
    The ESA was enacted to prevent further decline of endangered and 
threatened species and to restore those species and their critical 
habitat. Section 7 of the ESA requires Federal agencies to consult with 
the U.S. Fish and Wildlife Service (FWS) or National Marine Fisheries 
Service regarding actions that may affect listed species or designated 
critical habitats. The NRC staff conducted a search of federally listed 
species and critical habitats that have the potential to occur in the 
vicinity of the NTR using the FWS's Environmental Conservation Online 
System Information for Planning and Conservation system.
    The FWS-generated report from this system identifies nine federally 
listed species that occur or potentially occur within the vicinity of 
the VNC site: San Joaquin kit fox (Vulpes macrotis mutica), California 
least tern (Sterna antillarum browni), Alameda whipsnake (Masticophis 
lateralis euryxanthus), California red-legged frog (Rana draytonii), 
California tiger salamander (Ambrystoma californiense), delta smelt 
(Hypomesus transpacificus), bay checkerspot butterfly (Euphydryas 
editha bayensis), San Bruno elfin butterfly (Callophrys mossii 
bayensis), and vernal pool fairy shrimp (Branchinecta lynchi). No 
critical habitats occur in the area.
    The VNC site lacks suitable aquatic features for the California 
red-legged frog, California tiger salamander, delta smelt, and vernal 
pool fairy shrimp. While the remaining species may be present in the 
broader area, the VNC site itself is small and developed and does not 
provide suitable habitat. Additionally, operation of the NTR has no 
direct nexus to the natural environment that could affect these 
species. Accordingly, the NRC staff concludes that the proposed license 
renewal of NTR would have no effect on federally listed species or 
critical habitats. Federal agencies are not required to consult with 
the FWS if they determine that an action will not affect listed species 
or critical habitats. Thus, the ESA does not require consultation for 
the proposed NTR license renewal, and the NRC staff considers its 
obligations under ESA section 7 to be fulfilled for the proposed 
action.
Coastal Zone Management Act
    The CZMA, in part, encourages States to preserve, protect, develop, 
and, where possible, restore coastal resources. Individual States are 
responsible for developing a federally approved Coastal Management Plan 
and implementing a coastal management program in accordance with such a 
plan. Section 307(c)(3)(A) of the CZMA requires that applicants for 
Federal permits whose proposed activities could reasonably affect 
coastal zones certify to the licensing agency (here, the NRC) that the 
proposed activity would be consistent with the state's coastal 
management program. Alameda County is not within California's approved 
coastal zone, and, therefore, a consistency determination is not 
required for the proposed action.
Fish and Wildlife Coordination Act
    The FWCA requires Federal agencies that license water resource 
development projects to consult with the FWS (or National Marine 
Fisheries Service, when applicable) and the State wildlife resource 
agencies regarding the potential impacts of the project on fish and 
wildlife resources.
    The proposed action does not involve any water resource development 
projects, including any of the modifications relating to impounding a 
body of water, damming, diverting a stream or river, deepening a 
channel, irrigation, or altering a body of water for navigation or 
drainage. Therefore, no coordination with other agencies pursuant to 
the FWCA is required for the proposed action.

[[Page 17279]]

National Historic Preservation Act
    The NHPA requires Federal agencies to consider the effects of their 
undertakings on historic properties. As stated in the NHPA, historic 
properties are any prehistoric or historic district, site, building, 
structure, or object included in, or eligible for inclusion in the 
National Register of Historic Places. By electronic mail dated November 
21, 2022, the State Historic Preservation Officer (SHPO) for the State 
of California, indicated that the proposed renewal of the NTR license 
does not require construction, ground disturbing activities, or changes 
to the reactor facility design. The SHPO also indicated that no 
historic properties existed in the area of potential effects (which 
includes the VNC site); and, there were no objections to the proposed 
license renewal. Based on this information, the NRC staff finds that 
the proposed license renewal and the continued operation of the NTR 
would have no adverse effect on historic properties.
Executive Order 12898--Environmental Justice
    Executive Order 12898, ``Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations,'' dated 
February 16, 1994 (59 FR 7629), directs Federal agencies to identify 
and address the disproportionately high and adverse human health or 
environmental effects of their actions on minority and low-income 
populations, to the greatest extent practicable and permitted by law.
    The environmental justice impact analysis evaluates the potential 
for disproportionately high and adverse human health and environmental 
effects on minority and low-income populations that could result from 
the relicensing and the continued operation of the reactor. Such 
effects may include human health, biological, cultural, economic, or 
social impacts. Minority and low-income populations are subsets of the 
general public residing around the reactor, and all are exposed to the 
same health and environmental effects generated from activities at the 
reactor.
    Minority Populations in the Vicinity of the NTR--According to the 
U.S. Census Bureau's 2010 Census data, approximately 56 percent of the 
population (approximately 372,000 individuals) residing within a 10-mi 
(16-km) radius of the NTR identified themselves as minorities. The 
largest minority population were Asian or Pacific Islander 
(approximately 121,000 individuals or 33 percent) followed by Hispanic 
or Latino of any race (approximately 57,000 individuals or 16 percent). 
According to the 2010 Census, 66 percent of the Alameda County 
population identified themselves as minorities with persons of Asian or 
Pacific Islander (31 percent), Hispanic or Latino of any race (23 
percent), and Black or African American (14 percent) comprising the 
largest minority populations. According to the 2020 Census, 71 percent 
of the Alameda County population identified themselves as minorities 
with persons of Asian or Pacific Islander (35 percent), Hispanic or 
Latino of any race (22 percent), and Black or African American (11 
percent) comprising the largest minority populations.
    Low-income Populations in the Vicinity of the NTR--According to the 
U.S. Census Bureau's 2017-2021 American Community Survey 5-Year 
Estimates, approximately 19,300 persons and 3,340 families 
(approximately 5 and 3 percent, respectively) residing within a 10-mile 
(16-km) radius of the NTR were identified as living below the Federal 
poverty threshold. The 2021 Federal poverty threshold was $27,949 for a 
family of four. According to the U.S. Census Bureau's 2021 American 
Community Survey Census 1-Year Estimates, the median household income 
for the State of California was $84,907 while approximately 9 percent 
of families and 12.3 percent the State population were found to be 
living below the Federal poverty threshold. Alameda County had a higher 
median household income average ($109,729) and a lower percentage of 
families (6.1 percent) and persons (9.3 percent) living below the 
poverty level.
    Impact Analysis--Potential impacts to minority and low-income 
populations would mostly consist of radiological effects. However, 
radiation doses from continued operations associated with the proposed 
license renewal are expected to continue at current levels, and would 
be below regulatory limits. No significant visual or noise impacts are 
expected to result from the proposed action. Based on this information 
and the analysis of human health and environmental impacts in this EA, 
the NRC staff finds that the proposed license renewal would not have 
disproportionately high and adverse human health and environmental 
effects on minority and low-income populations residing in the vicinity 
of the NTR.

Environmental Impacts of the Alternatives to the Proposed Action

    As an alternative to license renewal, the NRC considered denying 
the proposed action (i.e., the ``no-action'' alternative). If the NRC 
denied the request for license renewal, reactor operations would cease 
and decommissioning would commence sooner than if the NRC issued a 
renewed license. Therefore, the environmental effects of 
decommissioning would occur sooner under the no-action alternative than 
if a renewed license were issued. Decommissioning would be conducted in 
accordance with an NRC-approved decommissioning plan, which would 
require a separate environmental review under 10 CFR 51.21. Cessation 
of reactor operations would reduce or eliminate radioactive effluents. 
However, as previously discussed in this EA, radioactive effluents from 
reactor operations constitute a small fraction of the applicable 
regulatory limits. Therefore, the environmental impacts of license 
renewal and the denial of the request for license renewal would be 
similar. In addition, denying the request for license renewal would 
eliminate the benefits of teaching, research, and services provided by 
the NTR.

Alternative Use of Resources

    The proposed license renewal does not involve the use of any 
different resources or significant quantities of resources beyond those 
associated with current facility operations and previously considered 
in the issuance of Facility License No. R-33 for the reactor on 
December 28, 1984, and the renewal of Facility License No. R-33 on 
December 28, 1984, and April 20, 2001.

Agencies and Persons Consulted

    In satisfaction of its obligations under the NHPA, the NRC 
consulted with the California SHPO, as previously described. On 
February 21, 2023, the NRC notified the California State official, Mr. 
Anthony Chu, Chief, Division of Radiation Safety and Environmental 
Management, California Department of Public Health of the proposed 
action. By email dated March 8, 2023, Mr. Chu indicated that the State 
of California Department of Public had no comments.
Finding of No Significant Impact
    The NRC is considering renewal of Facility License No. R-33, held 
by GE-Hitachi, which would authorize the continued operation of the NTR 
for an additional 20 years from the date of issuance of the renewed 
license.
    On the basis of the EA included in Section II of this notice and 
incorporated by reference in this finding, the NRC staff finds that the 
proposed action will not have a significant impact on the quality of 
the human environment, and will not

[[Page 17280]]

significantly affect the environment surrounding the NTR. This is 
because the proposed action will result in no significant radiological 
impacts from continued operations as the types or quantities of 
effluents that may be released off site would not change. No changes in 
land use would occur or increases in noise or air emissions. Continued 
operations under the proposed action would have no significant impacts 
on air quality, noise, visual resources, surface water or groundwater 
resources, terrestrial or aquatic resources, or on any other 
environmental resource conditions. Additionally, the proposed action 
would have no effect on federally listed species or designated critical 
habitats, would not affect historic properties, and would not result in 
environmental justice impacts. Therefore, the NRC staff concludes that 
the proposed action will not have a significant effect on the quality 
of the human environment. Accordingly, the NRC staff has determined 
that there is no need to prepare an environmental impact statement for 
the proposed action.
    The NRC staff considered information provided in the licensee's 
application, as supplemented, and the review of related environmental 
documents. Section III in this notice lists the environmental documents 
related to the proposed action and includes information on the 
availability of these documents.
    This FONSI and other related environmental documents are accessible 
online in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to ADAMS or who 
encounter problems in accessing the documents located in ADAMS should 
contact the NRC's PDR reference staff by telephone at 1-800-397-4209 or 
301-415-4737, or by email to [email protected].

III. Availability of Documents

    The documents in the following table are available to interested in 
ADAMS, as indicated.

------------------------------------------------------------------------
              Document description                  ADAMS accession No.
------------------------------------------------------------------------
                         License Renewal Request
------------------------------------------------------------------------
GE-Hitachi Nuclear Energy, application cover      ML21053A071.
 letter, ``Nuclear Test Reactor License Renewal
 (R-33),'' (Redacted), dated November 19, 2020.
GE-Hitachi Nuclear Energy, ``General Electric     ML20325A205.
 Nuclear Test Reactor Safety Analysis Report,''
 NEDO 32740P, Rev 3, chapters 1 through 8, dated
 November 19, 2020.
GE-Hitachi Nuclear Energy, ``General Electric     ML20325A206.
 Nuclear Test Reactor Safety Analysis Report,''
 NEDO 32740P, Rev 3, chapters 9 through 16,
 dated November 19, 2020.
GE-Hitachi Nuclear Energy, ``Vallecitos Nuclear   ML20325A195.
 Center Environmental Report 2020,'' dated July
 2020.
Supplemental Information Supporting GE Nuclear    ML21265A246 (package).
 Test Reactor License Renewal Audit Questions
 and Responses, dated September 22, 2021.
GE-Hitachi Nuclear Energy Americas, LLC,          ML22112A237.
 ``Response to Request for Additional
 Information for GE Nuclear Test Reactor License
 Renewal Application,'' dated April 22, 2022.
GE-Hitachi Nuclear Energy, ``Response to Request  ML22258A117 (package).
 for Public Docketing of Information Relating to
 GE Nuclear Test Reactor License Renewal,''
 dated September 15, 2022.
GE-Hitachi Nuclear Energy Americas, LLC,          ML23027A210.
 ``Supplemental Information Supporting GE
 Nuclear Test Reactor License Renewal Audit,''
 dated January 27, 2023.
GE-Hitachi Nuclear Energy, ``GEH Annual Nuclear   2020--ML21088A323.
 Test Reactor (NTR) Operating Report for the      2019--ML20234A326.
 Year''.                                          2018--ML19081A042.
                                                  2017--ML18108A251.
                                                  2016--ML17095A289.
------------------------------------------------------------------------
                        Other Referenced Document
------------------------------------------------------------------------
Email from the State of California, State         ML22325A353.
 Historic Preservation Officer, dated November
 21, 2022.
Email from the State of California, Division of   ML23067A408.
 Radiation Safety and Environmental Management
 California Department of Public Health, dated
 March 8, 2023.
------------------------------------------------------------------------


    Dated: March 17, 2023.

    For the Nuclear Regulatory Commission.
Joshua M. Borromeo,
Chief, Non-Power Production and Utilization Facility Licensing Branch, 
Division of Advanced Reactors and Non-Power Production and Utilization 
Facilities, Office of Nuclear Reactor Regulation.
[FR Doc. 2023-05876 Filed 3-21-23; 8:45 am]
BILLING CODE 7590-01-P