[Federal Register Volume 68, Number 226 (Monday, November 24, 2003)]
[Notices]
[Pages 65966-65968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-29247]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 70-27]


Environmental Assessment and Finding of No Significant Impact for 
a License Amendment for BWX Technologies, Inc., Located in Lynchburg, 
VA

ACTION: Notice of Environmental Assessment (EA) and Finding of No 
Significant Impact (FONSI) for a license amendment.

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FOR FURTHER INFORMATION CONTACT: Mr. Donald Stout, Fuel Cycle 
Facilities Branch, Division of Fuel Cycle Safety and Safeguards, U.S. 
Nuclear Regulatory Commission, Mail Stop T8-A33, Washington, DC 20555-
0001, telephone: (301) 415-5269 and e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
amendment to Special Nuclear Material License SNM-42 to exempt the 
licensee from the fissile material package standards for shipment of 
certain bulk materials (e.g., radwaste) containing low concentrations 
of uranium-235 contamination at the BWX Technologies (BWXT) facility 
located in Lynchburg, VA, to impose limits on these shipments.
    The NRC has prepared an Environmental Assessment (EA) in support of 
this action in accordance with the requirements of 10 CFR part 51. 
Based on this evaluation, the NRC has concluded that a Finding of No 
Significant Impact (FONSI) is appropriate for the proposed licensing 
action.

II. Environmental Assessment

1.0 Background

    The NRC staff has evaluated the environmental impacts of the 
exemption of BWXT from the fissile material package standards for 
shipment of certain bulk materials (e.g., radwaste) containing low 
concentrations of uranium-235 contamination, with limits placed on the 
shipments to ensure adequate controls for nuclear criticality safety. 
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 NRC 
Materials License SNM-42 to manufacture nuclear products utilizing 
Strategic Special Nuclear Material, specifically high-enriched uranium, 
and to receive, possess, use, store and transfer source material. These 
activities generate low-level radioactive waste (LLRW). Examples of 
this waste include, but are not limited to, filter cake solids, debris 
generated during plant renovation and/or decommissioning operations, 
and dry active waste that consists of paper, plastic, glass, gloves, 
dry filters, light metal, and other contaminated material.
    On April 15, 2002, the Westinghouse facility in Hematite, MO (SNM-
33), received a fissile material exemption for use in decommissioning 
the Hematite facility. Also, on January 2, 2003, the Westinghouse 
Commercial Nuclear Fuel Facility in Columbia, SC (SNM-1107) received 
the same exemption from fissile material classification and package 
standards listed in 10 CFR 71.55 and 71.59.
1.1 Review Scope
    In accordance with 10 CFR part 51, this EA serves to: (1) Present 
information and analysis for determining whether to issue a FONSI or to 
prepare an Environmental Impact Statement (EIS); (2) fulfill the NRC's 
compliance with the NEPA when no EIS is necessary; and (3) facilitate 
preparation of an EIS when one is necessary. Should the NRC issue a 
FONSI, no EIS would be prepared and the license amendment would be 
granted.
    This document serves to evaluate and document the impacts of the 
proposed action. Other activities on the site have previously been 
evaluated and documented in the 1991 EA for the Renewal of the NRC 
license for BWXT. The 1991 document is referenced when no significant 
changes have occurred. Besides the proposed licensing action, 
operations will continue to be limited to those authorized by the 
license.
1.2 Proposed Action
    The proposed action is to amend NRC Materials License SNM-42 to 
exempt the licensee from the fissile material package standards for 
shipment of certain bulk materials containing low concentrations of 
uranium-235 contamination and to impose limiting conditions to ensure 
adequate controls for nuclear criticality safety. These materials would 
be exempt from fissile material classification and the fissile material 
package standards of 10 CFR 71.55 and 71.59, but subject to other 
requirements of 10 CFR part 71 and the further limiting conditions. A 
Safety Evaluation Report (SER) has been prepared by the NRC staff and 
contains a discussion of the safety considerations for approval of the 
amendment. The

[[Page 65967]]

SER will be included in the license amendment when it is issued.
1.3 Need for Proposed Action
    BWXT is currently manufacturing products for the Department of 
Energy and downblending high-enriched SNM to low-enriched SNM for 
commercial reactor use. It is requesting the exemption for 
transportation of LLRW generated during normal, routine operations. The 
reason for this request is to better utilize shipping containers.
    On February 10, 1997, the NRC issued an emergency direct final rule 
(62 FR 5913) changing the fissile material exemption specifications of 
10 CFR part 71. The revised rule limits the fissile-material mass in a 
consignment and restricts the presence of select moderators with very 
low neutron-absorption properties (i.e., special moderators). The net 
effect to BWXT has been an increase in the number of waste shipments 
and a corresponding increase in costs. Under part 71, BWXT is limited 
to 400 grams of U-235 per consignment.
    BWXT must make many small LLRW shipments to comply with the current 
SNM limits. With this amendment, BWXT will be able to efficiently 
utilize the volume of strong-tight containers or intermodal containers, 
B-25 containers, etc; thus, shipping, in one shipment, LLRW that 
currently requires several shipments. Therefore, BWXT submitted this 
license amendment request for a specific exemption from the 
requirements of 10 CFR 71.55 and 71.59 for specified SNM shipments with 
greater than 400 grams U-235 per consignment.
1.4 Alternative to the Proposed Action
    The NRC considered one alternative to the proposed activity which 
is to take no action (i.e., deny the exemption request).

2.0 Affected Environment

    The affected environment for the proposed action would be the 
immediate vicinity of the vehicle used to transport the material to a 
licensed disposal facility.
    The affected environment for no action is the BWXT site. A full 
description of the site and its characteristics is given in the 1991 EA 
for the Renewal of the NRC license for BWXT. The BWXT facility is 
located on a 525 acre site in Campbell County, VA, approximately 5 
miles east of Lynchburg, VA.

3.0 Environmental Impacts of Proposed Action and Alternatives

3.1 Occupational and Public Health
    Proposed Action. 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. The proposed action would result in fewer shipments. Fewer 
shipments would expose fewer members of the public to radiation, reduce 
nonradiological truck emissions, and reduce the risk of injuries from 
traffic accidents. However, the reductions would be so small that the 
differences would be negligible.
    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 rate may not exceed 0.02 mSv (2 mrem) per hour in any 
position normally occupied in a motor vehicle. The proposed action 
would not cause dose rates to the driver exceeding the DOT limit.
    The NRC staff evaluated the possibility of a criticality accident 
due to transportation of this material. Based on the statements and 
representations in the application, the staff concluded that limiting 
the contents as described in the application will provide adequate 
assurance that an inadvertent criticality cannot occur if the materials 
are exempt from the fissile material classification and fissile 
material package standards of 10 CFR 71.55 and 71.59. A detailed 
discussion of this analysis can be found in the Safety Evaluation 
Report for this amendment.
    Under the proposed action, the doses to the public and to the 
workers are not increased beyond those considered in the Final 
Environmental Impact Statement on the Transportation of Radioactive 
Material by Air and Other Modes (NRC, 1977). Therefore, shipment of 
these materials as proposed would be consistent with the assessment of 
environmental impacts and the conclusions in the Final Environmental 
Impact Statement on the Transportation of Radioactive Material by Air 
and Other Modes (NRC, 1977).
    No Action. Denying this amendment request would not result in any 
significant difference in the risk to the public health from 
radiological materials. If this amendment request is denied, the 
licensee would be required to ship the contaminated waste more 
frequently in smaller containers. The larger number of shipments also 
is consistent with the assessment of environmental impacts and the 
conclusions in the Final Environmental Impact Statement on the 
Transportation of Radioactive Material by Air and Other Modes (NRC, 
1977). As noted above, the level of nonradiological truck emissions and 
the risk of injuries from traffic accidents would be higher, but the 
differences would be negligible.
    The occupational health impacts would not change significantly as a 
result of denial of this amendment request. Occupational doses at the 
facility may be slightly higher as a result of the larger number of 
packages that workers must prepare and handle; however, the facility 
will continue to implement NRC-approved, radiation safety procedures 
for handling radioactive materials. Thus, the dose to workers under the 
no action alternative will remain within acceptable regulatory limits.
3.2 Effluent Releases, Environmental Monitoring, Water Resources, 
Geology, Soils, Air Quality, Demography, Biota, Cultural and Historic 
Resources
    Proposed Action. The NRC staff has determined that the approval of 
the proposed amendment will not impact effluent releases, environmental 
monitoring, water resources, geology, soils, air quality, demography, 
biota, or cultural or historic resources under normal transport 
conditions.
    No Action. The NRC staff has determined that denial of the proposed 
amendment will not impact effluent releases, environmental monitoring, 
water resources, geology, soils, air quality, demography, biota, or 
cultural or historic resources at or near the BWXT site.
3.3 Conclusions
    Based on its review, the NRC staff has concluded that the 
environmental impacts associated with the proposed action are not 
significant and, therefore, do not warrant denial of the license 
amendment request. The staff has

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determined that the proposed action, approval of the license amendment 
request as submitted, is the appropriate alternative for selection. 
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, and grant the amendment.

4.0 Agencies and Persons Contacted

    During a September 10, 2003, telephone call with the Virginia 
Department of Environmental Quality (VDEQ), NRC staff confirmed that 
the proposed action would not affect the regulation in 10 CFR 70.42 
requiring BWXT to verify that waste disposal facilities are authorized 
to receive their shipments. VDEQ had no comments or concerns with the 
proposed action.
    Because the proposed action is entirely within existing facilities 
and established roadways, the NRC has concluded that there is no 
potential to affect endangered species or historic resources, and 
therefore consultation with the State Historic Preservation Society and 
the U.S. Fish and Wildlife Service was not necessary.

5.0 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), June 1995, 
``Environmental Assessment for Renewal of Special Nuclear Material 
License SNM-42.''
    U.S. Nuclear Regulatory Commission (NRC), January 2003, 
``Westinghouse Electric Company, LLC, Amendment 35--Approval of 
Exemption from Fissile Material Transport Classification and Package 
Standards,'' ADAMS No. ML030080034.

III. Finding of No Significant Impact

    The Commission has prepared the above 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, therefore, do not warrant the preparation of an 
Environmental Impact Statement. It has been determined that a Finding 
of No Significant Impact is appropriate.

IV. Further Information

    In accordance with 10 CFR 2.790 of the NRC's ``Rules of Practice,'' 
the Environmental Assessment and the documents related to this proposed 
action will be available electronically for public inspection from the 
Publicly Available Records (PARS) component of NRC's document system 
(ADAMS). ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html.

    Dated at Rockville, Maryland, this 17th day of November, 2003.

    For the Nuclear Regulatory Commission.
John W. Lubinski,
Chief, Fuel Manufacturing Section, Fuel Cycle Facilities Branch, 
Division of Fuel Cycle Safety and Safeguards, Office of Nuclear 
Material Safety and Safeguards.
[FR Doc. 03-29247 Filed 11-21-03; 8:45 am]
BILLING CODE 7590-01-P