[Federal Register Volume 65, Number 132 (Monday, July 10, 2000)]
[Notices]
[Pages 42400-42402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-17342]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 70-27]


Consideration of License Amendment Request for BWX Technologies, 
Inc., and Opportunity for Hearing

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of Availability of Environmental Assessment and Finding 
of No Significant Impact and Opportunity to Request a Hearing on 
Amendment of Materials License SNM-42, BWX Technologies, Inc.

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SUMMARY: The U.S. Nuclear Regulatory Commission is considering the 
amendment of Special Nuclear Material License SNM-42 to exempt BWX 
Technologies, Inc. from the beryllium-to-fissile mass ratio limit 
specified in the fissile material exemption standards of 10 CFR 71.53.

Environmental Assessment

1.0  Introduction

1.1  Background
    The Nuclear Regulatory Commission (NRC) staff has evaluated the 
environmental impacts of the exemption of BWX Technologies, Inc. (BWXT) 
from the beryllium-to-fissile mass ratio limits specified in the 
fissile material exemption standards of 10 CFR 71.53 . This 
Environmental Assessment (EA) has been prepared pursuant to the Council 
on Environmental Quality (CEQ) regulations (40 CFR parts 1500-1508) and 
NRC regulations (10 CFR part 51) which implement the requirements of 
the National Environmental Policy Act (NEPA) of 1969. The purpose of 
this document is to assess the environmental consequences of the 
proposed license amendment.
    The BWXT facility in Lynchburg, VA is authorized under SNM-42 to 
possess nuclear materials for the fabrication and assembly of nuclear 
fuel components. The facility supports the U.S. naval reactor program, 
fabricates research and university reactor components, and manufactures 
compact reactor fuel elements. The facility also performs recovery of 
scrap uranium. Research and development activities related to the 
fabrication of nuclear fuel components are also conducted.
1.2  Review Scope
    In accordance with 10 CFR part 51, this EA (1) presents information 
and analysis for determining whether to issue a Finding of No 
Significant Impact (FONSI) or to prepare an Environmental Impact 
Statement (EIS); (2) fulfills the NRC's compliance with the National 
Environmental Policy Act (NEPA) when no EIS is necessary; and (3) 
facilitates preparation of an EIS if one is necessary. Should the NRC 
issue a FONSI, no EIS would be prepared and the license amendment would 
be granted.
1.3  Proposed Action
    The proposed action is to amend NRC Materials License SNM-42 to 
exempt the licensee from the beryllium-to-fissile mass ratio limit 
specified in the fissile material exemption standards of 10 CFR 71.53.
1.4  Need for Proposed Action
    The proposed action would allow the licensee to transport uranium-
beryllium waste with fission and activation products under the 
requirements of 10 CFR part 71. The licensee may use the fissile 
material exemption specified in 10 CFR 71.53 with an exemption to the 
0.1 percent beryllium-to-fissile mass ratio limit.
    The provisions of 10 CFR 71.53 exempt the shipment of material with 
limited fissile mass from the fissile material package standards in 10 
CFR 71.55 and 71.59. The fissile material exemption in 10 CFR 71.53 is 
only valid for materials that contain a mass of beryllium that is less 
than 0.1 percent of the mass of fissile material. BWXT has identified 
waste material with a limited amount of fissile material, but with 
beryllium quantities that exceed the 0.1 percent beryllium-to-fissile 
mass ratio limit. BWXT needs to ship these wastes, which consist of 
large physical objects (e.g., ductwork). BWXT does not want to ship the 
waste in transportation packages that are approved by the NRC because 
the waste materials would require significant cutting and processing 
that would increase the risk of beryllium exposure to personnel. The 
uranium and beryllium content of the waste objects is in the form of 
surface contamination. Both uranium and beryllium contamination levels 
are expected to be relatively low. The NRC staff has determined that 
the shipments by BWXT would be nuclearly safe with certain license 
conditions applied; however, given there is no uranium level below 
which the 0.1 percent beryllium to uranium ratio does not

[[Page 42401]]

apply, this material can not be classified as fissile exempt under the 
current regulation.
1.5  Alternatives
    The alternatives available to the NRC are:
    1. Approve the license amendment request as submitted; or
    2. Deny the amendment request.

2.0  Affected Environment

    The affected environment for Alternative 1 would be the immediate 
vicinity of the vehicle used to transport the material to a licensed 
disposal facility.
    The affected environment for Alternative 2 is the BWXT site. A full 
description of the site and its characteristics is given in the 1995 
Environmental Assessment for the Renewal of the NRC license for BWXT. 
The BWXT facility is located on a 525 acre (2 km2) site in 
the northeastern corner of Campbell County, approximately 5 miles (8km) 
east of Lynchburg, Virginia. This site is located in a generally rural 
area, consisting primarily of rolling hills with gentle slopes, farm 
land, and woodlands. The Navy Nuclear Fuel Division (NNFD) facility is 
centrally located on the site with the main manufacturing complex 
contained in a 19 acre (0.08 km2) fenced area.

3.0  Effluent Releases and Monitoring

    Alternative 1: No changes to the effluents and monitoring program 
are expected as a result of approving this amendment request.
    Alternative 2: No changes to the effluents and monitoring program 
are expected as a result of denying this amendment request. The 
licensee would construct a containment area to process and repackage 
the waste material. This containment area would effectively prevent the 
release of waste material to the environment.

4.0  Environmental Impacts of Proposed Action and Alternatives

4.1  Public Health
    Alternative 1: The risk to human health from the transportation of 
all radioactive material in the U.S. was evaluated in the Final 
Environmental Impact Statement on the Transportation of Radioactive 
Material by Air and Other Modes (NRC, 1977). The principal radiological 
environmental impact during normal transportation is direct radiation 
exposure to nearby persons from radioactive material in the package. 
The average annual individual dose from all radioactive material 
transportation in the U.S. was calculated to be approximately 0.5 mrem, 
well below the 10 CFR part 20 requirement of 100 mrem for a member of 
the public.
    Occupational health was also considered in the Final Environmental 
Impact Statement on the Transportation of Radioactive Material by Air 
and Other Modes (NRC, 1977). The average annual occupational dose to 
the driver(s) is estimated to be 8.7 mSv (870 mrem), which is below the 
10 CFR part 20 requirement of 50 mSv (5000 mrem). The Department of 
Transportation (DOT) regulations in 49 CFR 177.842(g) require that the 
radiation dose may not exceed 0.02 mSv (2 mrem) per hour in any 
position normally occupied in a motor vehicle. Shipment of these 
materials would not affect the assessment of environmental impacts or 
the conclusions in the Final Environmental Impact Statement on the 
Transportation of Radioactive Material by Air and Other Modes (NRC, 
1977).
    Alternative 2: The risk to the public health is not expected to 
increase as a result of denying this amendment request, under normal 
operating conditions. The licensee already has controls in place to 
prevent the migration of material off-site.
    The occupational health impacts associated with the denial of this 
amendment request were evaluated. The material to be shipped is 
currently packaged and stored in containers which are not approved by 
the NRC. In order to ship the material in NRC-approved packages, the 
material will need to be processed and repackaged. The licensee would 
need to construct a containment area in order to limit personnel 
exposure to airborne beryllium. Actions would be taken to control 
occupational exposure such as limited exposure times, bioassays, and 
respirator use. The risk for worker exposure to uranium and beryllium 
would increase as a result of denying this amendment request.
4.2  Water Resources
    Alternative 1: The NRC staff has determined that the proposed 
amendment will not impact the quality of water resources as a result of 
normal transport.
    Alternative 2: The NRC staff has determined that denial of the 
proposed amendment request will not impact the quality of water 
resources at or near the BWXT site.
4.3  Geology, Soils, Air Quality, Demography, Biota, Cultural and 
Historic Resources
    Alternative 1: The NRC staff has determined that the proposed 
amendment will not impact geology, soils, air quality, demography, 
biota, or cultural or historic resources under normal transport 
conditions.
    Alternative 2: The NRC staff has determined that denial of the 
proposed amendment will not impact geology, soils, air quality, 
demography, biota, or cultural or historic resources at or near the 
BWXT site.
4.4  Alternatives
    The action that the NRC is considering is approval of an amendment 
request to a Materials license issued pursuant to 10 CFR part 70. The 
proposed action is to amend NRC Materials License SNM-42 to exempt the 
licensee from the beryllium-to-fissile mass ratio limit specified in 
the fissile material exemption standards of 10 CFR 71.53. The 
alternatives available to the NRC are:
    1. Approve the license amendment request as submitted; or
     2. Deny the amendment request.
    Based on its review, the NRC staff has concluded that the 
environmental impacts associated with the proposed action do not 
warrant denial of the license amendment. In addition, the denial of the 
amendment request would require the licensee to ship the waste in 
packages approved by the NRC, thereby increasing the risk of beryllium 
exposure to personnel due to significant cutting and processing. The 
staff considers that Alternative 1 is the appropriate alternative for 
selection.

5.0  Agencies and Persons Contacted

    The NRC contacted a representative from the Virginia Department of 
Health in correspondence dated May 25, 2000.

6.0  References

    U.S. Nuclear Regulatory Commission (NRC), December 1977, ``Final 
Environmental Impact Statement on the Transportation of Radioactive 
Material by Air and Other Modes.'' U.S. Nuclear Regulatory Commission 
(NRC), August 1995, ``Environmental Assessment for Renewal of Special 
Nuclear Material License SNM-42.''

7.0  Conclusions

    Based on an evaluation of the environmental impacts of the 
amendment request, the NRC has determined that the proper action is to 
issue a FONSI in the Federal Register. The NRC staff considered the 
environmental consequences of exempting the licensee from the 
beryllium-to-fissile mass ratio limit specified in the fissile material 
exemption standards in 10 CFR 71.53, and have determined that the 
approval

[[Page 42402]]

of this exemption will have no adverse effect on public health and 
safety or the environment.

Finding of No Significant Impact

    The Commission has prepared an Environmental Assessment related to 
the amendment of Special Nuclear Material License SNM-42. On the basis 
of the assessment, the Commission has concluded that environmental 
impacts associated with the proposed action would not be significant 
and do not warrant the preparation of an Environmental Impact 
Statement. Accordingly, the Commission is making a Finding of No 
Significant Impact.
    The Environmental Assessment and the documents related to this 
proposed action are available for public inspection and copying at the 
Commission's Public Document Room at the Gelman Building, 2120 L Street 
NW., Washington, DC.

Opportunity for a Hearing

    Based on the Environmental Assessment and Finding of No Significant 
Impact, and a staff safety evaluation to be completed, NRC is preparing 
to amend License SNM-42. The NRC hereby provides that this is a 
proceeding on an application for amendment of a license falling within 
the scope of Subpart L, ``Informal Hearing Procedures for Adjudication 
in Materials Licensing Proceedings,'' of NRC's rules and practice for 
domestic licensing proceedings in 10 CFR part 2. Pursuant to 
Sec. 2.1205(a), any person whose interest may be affected by this 
proceeding may file a request for a hearing in accordance with 
Sec. 2.1205(d). A request for a hearing must be filed within thirty 
(30) days of the date of publication of this Federal Register notice.
    A request for hearing or petition for leave to intervene must be 
filed with the Secretary of the Commission, U.S. Nuclear Regulatory 
Commission either:
    1. By delivery to the Rulemakings and Adjudications Staff of the 
Secretary at One White Flint North, 11555 Rockville Pike, Rockville, MD 
20852-2738; or
    2. By mail or telegram addressed to the Secretary, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001. Attention: 
Rulemakings and Adjudications Staff.
    In addition to meeting other applicable requirements of 10 CFR part 
2 of the NRC's regulations, a request for a hearing filed by a person 
other than an applicant must describe in detail:
    1. The interest of the requester in the proceeding;
    2. How that interest may be affected by the results of the 
proceeding, including the reasons why the requestor should be permitted 
a hearing, with particular reference to the factors set out in 
Sec. 2.1205(h).
    3. The requester's areas of concern about the licensing activity 
that is the subject matter of the proceeding; and
    4. The circumstances establishing that the request for a hearing is 
timely in accordance with Sec. 2.1205(d).
    In accordance with 10 CFR Section 2.1205(f), each request for a 
hearing must also be served, by delivering it personally or by mail to:
    1. The applicant, BWX Technologies, P.O. Box 785, Lynchburg, VA; 
and
    2. The NRC staff, by delivering it to the Executive Director for 
Operations, One White Flint North, 11555 Rockville Pike, Rockville, MD 
20852, or by mail, addressed to the Executive Director for Operations, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555.
    The NRC contact for this licensing action is Thomas Cox. Mr. Cox 
may be contacted at (301) 415-8107 or by e-mail at [email protected] for more 
information about this licensing action.


    Dated at Rockville, Maryland, this 3rd day of July, 2000.
    For the Nuclear Regulatory Commission.
Philip Ting,
Chief, Fuel Cycle Licensing Branch, Division of Fuel Cycle Safety and 
Safeguards, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 00-17342 Filed 7-7-00; 8:45 am]
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