[Federal Register Volume 59, Number 21 (Tuesday, February 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2221]


[[Page Unknown]]

[Federal Register: February 1, 1994]


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DEPARTMENT OF ENERGY

 

Finding of No Significant Impact; Construction and Operation of 
the Knolls Site Low Level Radioactive Material Processing Facility, 
Schenectady County, NY

AGENCY: Department of Energy.

ACTION: Finding of no significant impact.

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SUMMARY: The Department of Energy (DOE) Office of Naval Reactors has 
prepared an Environmental Assessment for the proposed action to 
construct and operate the Knolls Site Low Level Radioactive Material 
Processing Facility. This facility will include equipment for the 
treatment, reclamation, and packaging for off-site disposal of 
radiologically controlled liquid and solid waste. The operations to be 
conducted are the same as those currently conducted in a portion of 
Building H2 at the Knolls Site. Building H2 is part of the former 
Separations Process Research Unit complex. This complex was built over 
forty years ago and was used in the early 1950's as a pilot-scale 
facility for investigating processes for separating fissionable 
isotopes from irradiated uranium. Moving current radioactive waste 
processing operations to a different location is necessary to make 
Building H2 available for decommissioning and removal.
    The Environmental Assessment discusses alternatives to the proposed 
action and concludes that there are no alternatives to the proposed 
action that would accomplish the desired goal of continuing current 
waste processing operations at a location other than Building H2 but 
close to the locations where the waste is generated. The Environmental 
Assessment summarizes and references the extensive body of existing 
published reports which discuss the environmental performance of the 
Knolls Site, including the releases of radioactivity from the Site and 
the absence of environmental impact from Site operations. The 
Environmental Assessment discusses the fact that the operations and 
amounts of radioactivity processed will remain unchanged.
    Naval Reactors provided this Environmental Assessment in draft form 
to New York State for review and comment. New York State did not have 
any comments.
    Based on the analysis in the Environmental Assessment, Naval 
Reactors issued a proposed Finding of No Significant Impact on November 
4, 1993. The proposed Finding was published in the Federal Register on 
November 18, 1993, beginning a 30-day public review period (Vol. 58, 
No. 221, pp. 60852-60853). The fact that the proposed Finding appeared 
in the Federal Register and was available for review along with the 
Environmental Assessment at the Schenectady Public Library was 
advertised in several local newspapers in the Schenectady area through 
public notices placed by Naval Reactors. Copies of the Environmental 
Assessment and proposed Finding also were distributed to interested 
parties upon request.
    One comment letter was received. The comments contained in this 
letter and the Naval Reactors responses are presented in a new Appendix 
to the Environmental Assessment. The Appendix has been sent to the 
commenter, and has been placed with the Environmental Assessment in the 
Schenectady Public Library. A summary of the comments and the Naval 
Reactors responses have been included at the end of this notice.
    After considering the comments received in this letter, Naval 
Reactors has concluded that no new information has been made available 
that would change the determination that the proposed action is not a 
major Federal action significantly affecting the quality of the human 
environment, within the meaning of the National Environmental Policy 
Act (NEPA) of 1969, (42 U.S.C. 4321 et seq.). Therefore, Naval Reactors 
is issuing this final Finding of No Significant Impact.

ADDRESSES AND FURTHER INFORMATION: Persons requesting additional 
information on the Finding of No Significant Impact for construction 
and operation of the Knolls Site Low Level Radioactive Material 
Processing Facility, the National Environmental Policy Act process 
associated with this proposed action, or wishing a copy of the 
Environmental Assessment should contact Ms. Lisa Megargle, U.S. 
Department of Energy, Office of Naval Reactors (NE-60), Washington, DC, 
20585, (703)-603-6126.

SUPPLEMENTARY INFORMATION:

Background

    The Naval Nuclear Propulsion Program is a joint Navy/DOE program 
established in Presidential Executive Order 12344 (permanently enacted 
by Public Law 98-525, 42 U.S. Code 7158). The Office of Naval Reactors 
is the Naval Nuclear Propulsion Program organization within the DOE. 
Under the law, Naval Reactors is responsible for all matters pertaining 
to Naval nuclear propulsion including ``* * * research, development, 
design, acquisition, specification, construction, inspection, 
installation, certification, testing, overhaul, refueling, operating 
practices and procedures, maintenance, supply support, and ultimate 
disposition of naval nuclear propulsion plants * * *'' and ``* * * the 
safety of reactors and associated naval nuclear propulsion plants, and 
control of radiation and radioactivity associated with naval nuclear 
propulsion activities * * *.'' Naval Reactors is responsible for the 
Knolls Atomic Power Laboratory, which conducts research and development 
work on improved nuclear propulsion plants for U.S. Navy warships.

Proposed Action

    The proposed action is to construct and operate the Knolls Site Low 
Level Radioactive Material Processing Facility. This facility will 
include equipment for the treatment, reclamation, and packaging for 
off-site disposal of radiologically controlled liquid and solid waste. 
The operations to be conducted are the same as those currently 
conducted in a portion of Building H2 at the Knolls Site. Building H2 
is part of the former Separations Process Research Unit complex. This 
complex was built over forty years ago and was used in the early 1950's 
as a pilot-scale facility for investigating processes for separating 
fissionable isotopes from irradiated uranium. That work was unrelated 
to nuclear propulsion, but since it had been done at a site now 
dedicated to nuclear propulsion work, Naval Reactors is responsible for 
managing this complex until its decommissioning and removal can be 
arranged. Moving current radioactive waste processing operations to a 
different location is necessary to make Building H2 available for 
decommissioning and removal.

Alternatives Considered

    There are no alternatives to the proposed action that would 
accomplish the desired goal of continuing current waste processing 
operations at a location other than Building H2 but close to the 
locations where the waste is generated.

Environmental Considerations

    An extensive body of existing environmental reports document the 
environmental performance of the Knolls Site, including current waste 
processing operations at the Site. Radiation exposure to any member of 
the public due to the Knolls Site is too small to be measurable. The 
total annual radiation exposure to the Site workforce is less than the 
amount allowed by Federal regulations for a single worker. Releases of 
airborne radionuclides result in off-site doses that are less than one 
percent of the U.S. Environmental Protection Agency standard set forth 
in 40 CFR part 61, subpart H. The General Accounting Office completed 
in 1991 a thorough fourteen month review of environment, health, and 
safety matters (including reactor safety) at DOE sites under the 
cognizance of Naval Reactors, including the Knolls Site. The General 
Accounting Office reported to Congress that they found no significant 
deficiencies. Since operations to be conducted in the proposed facility 
are the same as those currently conducted in Building H2, the proposed 
action would result in no change from the current insignificant 
environmental impacts from the Knolls Site.

Determination

    Based on the information and analysis in the Environmental 
Assessment, Naval Reactors considers the proposed action does not 
constitute a major Federal action significantly affecting the quality 
of the human environment, within the meaning of the National 
Environmental Policy Act. Therefore, Naval Reactors has determined that 
preparation of an Environmental Impact Statement is not required.

    Issued at Arlington, VA this 28th day of December 1993.
B. DeMars,
Deputy Assistant Secretary for Naval Reactors.

Summary of Public Comment on the Environmental Assessment and Proposed 
Finding of No Significant Impact and Naval Reactors Responses

    One letter was received from the Knolls Action Project, which 
describes itself as a ``grassroots citizen group with an extensive 
record of public concern for operations at the Knolls Sites.'' A 
summary of each substantive comment and the Naval Reactors response is 
provided below:
    Comment: The Knolls Action Project does not condone the type of 
work that is conducted at the low level waste treatment facility since 
it is in support of military nuclear operations.
    Response: The mission of the Knolls Site is to develop and support 
nuclear propulsion technology used by the U.S. Navy. This mission is an 
integral part of the national defense and is prescribed by Congress. 
Its conduct is beyond the scope of the subject Environmental 
Assessment.
    Comment: The referenced General Accounting Office report is grossly 
inadequate since it was inconsistent with the charges of dangerous and 
irresponsible practices brought by current and former Knolls Site 
workers.
    Response: The 14 month review by the General Accounting Office was 
initiated by Congress in response to allegations from current and past 
employees, was conducted by an agency accountable to the Congress and 
not the Executive Branch, and provided a full opportunity for persons 
making allegations of safety and environmental problems to provide 
evidence to the investigators. At the time the review was announced in 
early 1990, the Knolls Action Project and other critics were widely 
reported in the news media as welcoming its performance since the 
General Accounting Office is an independent agency. The General 
Accounting Office investigators held security clearances and were given 
unfettered access to Naval Reactors classified material. Since the 
General Accounting Office has issued reports harshly critical of other 
nuclear activities, the positive report of this independent review is 
particularly noteworthy. The General Accounting Office concluded that 
``GAO's review of specific environmental and safety programs at Naval 
Reactors facilities shows no basis for allegations that unsafe 
conditions exist there or that the environment is being adversely 
affected by activities conducted there.''
    Comment: Quotations from a 1989 newspaper article of a November 
1987 audit by Naval Reactors which observed radiological control 
problems at the Knolls Site indicate that statements in the 
Environmental Assessment about stringent radiological control practices 
cannot be believed. In particular, the unexplained loss of 7000 gallons 
of water from the Knolls Site water reuse system casts doubt about the 
radioactive material accountability system.
    Response: The performance of rigorous, well-documented audits is an 
integral part of the Naval Reactors radiological control program. 
During its review, the General Accounting Office had access to all 
audit reports. All formal audit reports relating to safety, 
environment, health, and asbestos for a 30 month period were reviewed. 
The General Accounting Office stated ``Deficiencies were noted in all 
of the reports, but virtually all of them were of a minor nature, and 
according to the documentation we reviewed, all were corrected soon 
after they were brought to the attention of the responsible management 
unit.'' The comment selectively quoted from the cited newspaper article 
and omits portions which note that the deficiencies were minor in 
nature. For example, the commenter omitted the portion of the article 
which stated that the 7000 gallons of water met U.S. Nuclear Regulatory 
Commission standards for radioactivity in drinking water which would 
allow its unrestricted release to the environment.
    Comment: The Office of Naval Reactors, while conforming to the 
letter of the law, has been severely deficient in its responsibilities 
to provide for meaningful public involvement in this Environmental 
Assessment. In particular, the Environmental Assessment was not 
received by the Knolls Action Project until December 8, allowing only 
nine days for review and comment. Naval Reactors must take more active 
steps to inform the public and media of such studies.
    Response: Naval Reactors provided opportunity for public comment 
beyond what is required by law and regulation. The draft Finding of No 
Significant Impact was published in the Federal Register on November 
18, and a 30 day public comment period was provided, even though it is 
not required. Furthermore, Naval Reactors took out paid advertisements 
in the three principal newspapers of the local area with a combined 
circulation of over 240,000, the Albany Times Union (November 28), the 
Schenectady Gazette (November 29), and the Saratogian (November 28), to 
inform the public and ensure the media was aware of the Environmental 
Assessment and the opportunity to comment on the draft Finding of No 
Significant Impact. A copy of the Environmental Assessment was 
forwarded to the commenter by First Class mail within one work day of 
receipt of his request.
    Comment: Statements in the Environmental Assessment about the 
thoroughness of outside regulatory review, though perhaps correct in 
some degree, create the false impression that the Knolls Site is under 
strict, thorough, and independent review by New York State offices and 
other Federal Government agencies.
    Response: The Environmental Assessment stated that the Knolls Site 
had been inspected numerous times by the State of New York and the U.S. 
Environmental Protection Agency, and that over 80 inspections had been 
made since 1983. Only minor administrative items have been noted, and 
these items were quickly corrected. There have been no fines or 
penalties levied, no enforcement actions taken, and no other adverse 
regulatory actions. These inspections included access to classified 
information, where necessary. Naval Reactors obtained Department of 
Energy security clearances for the inspectors for this purpose.
    Comment: The Environmental Assessment downplays the seriousness of 
the contamination problems associated with the SPRU complex. The 
proposed movement of low-level radioactive waste treatment facilities 
from the SPRU complex is essential to protect workers.
    Response: The SPRU complex is not the subject of this Environmental 
Assessment. However, the Environmental Assessment notes that the total 
cumulative occupational radiation exposure of all 2300 Knolls Site 
workers is less than that permitted for a single worker. Thus, there is 
no radiation exposure problem for workers at the current radioactive 
waste handling site. With regard to the potential hazard of the SPRU 
buildings to workers and the environment, the General Accounting Office 
investigated the SPRU complex and concluded that it had been adequately 
characterized, periodically monitored, and controlled where necessary.
    Comment: The reference to two classified documents in the sections 
dealing with safety and emergency preparedness make independent 
assessment of the Environmental Assessment impossible. Reliance on 
classified material is fundamentally in conflict with our democratic 
system and with the National Environmental Policy Act's requirements 
for public information and disclosure.
    Response: The Environmental Assessment and its unclassified 
references provide a large body of unclassified information by which to 
judge the significance of the proposed action of relocating existing 
low level radioactive waste processing activities. With regard to 
classified references, the Council on Environmental Quality's 
regulations for implementation of the National Environmental Policy Act 
specifically provide for the control and protection of classified 
information and do not oblige its public release. Case law under the 
National Environmental Policy Act establishes that agencies may create 
classified portions of environmental documents which are not released 
to the public. The laws governing protection of information such as 
Naval nuclear propulsion technology were enacted by democratic 
institutions in the interests of the U.S. and its citizens and are 
consistent with Article 2 of the U.S. Constitution, and thus are not 
``fundamentally in conflict with democracy.''
    Comment: For all of the reasons listed above, the Environmental 
Assessment is inadequate. A more detailed and extensive Environmental 
Impact Statement should be prepared.
    Response: The commenter has not identified any facts which would 
suggest that the environmental effects of relocating existing low level 
radioactive waste handling to a new building at the Knolls Site would 
be a major Federal action having a significant effect on the quality of 
the human environment. Thus, a Finding of No Significant Impact is 
justified for this project, and an Environmental Impact Statement is 
not needed.

[FR Doc. 94-2221 Filed 1-31-94; 8:45 am]
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