[Federal Register Volume 70, Number 12 (Wednesday, January 19, 2005)]
[Notices]
[Pages 3072-3074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-988]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-155]


Environmental Assessment and Finding of No Significant Impact for 
Consumers Energy's Request To Modify Existing Sec.  20.2002 
Authorization, for Big Rock Point, License DPR-006, Charlevoix County, 
MI

AGENCY: Nuclear Regulatory Commission.

ACTION: Environmental Assessment and Finding of No Significant Impact.

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FOR FURTHER INFORMATION CONTACT: James Shepherd, Division of Waste 
Management and Environmental Protection, Office of Nuclear Material 
Safety and Safeguards, U.S. Nuclear Regulatory Commission, Mail Stop 
T7E18, Washington, DC 20555-0001. Telephone: (301) 415-6712; e-mail 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC) is considering 
approval of a request to dispose of demolition debris contaminated with 
polychlorobiphenyl (PCB) in accordance with Title 10 of the Code of 
Federal Regulations (10 CFR) Section 20.2002 for Facility Operating 
License No. DPR-6, issued to Consumers Energy Company, ((CE) or the 
licensee), for the possession of the Big Rock Point (BRP) Plant, 
located in Charlevoix County, Michigan. This authorization will revise 
CE's existing authority to dispose of low-contamination material in a 
State of Michigan Type II landfill in accordance with 10 CFR 20.2002 by 
authorizing CE to dispose of such waste that also has PCB at a landfill 
licensed to accept PCBs. This proposed action would also exempt the 
low-contaminated material authorized for disposal from further Atomic 
Energy Act (AEA) and NRC licensing requirements. The NRC has prepared 
an Environmental Assessment (EA) in support of this proposed action in 
accordance with the requirements of 10 CFR part 51. Based upon the EA, 
the NRC has determined that a Finding of No Significant Impact (FONSI) 
is appropriate.

II. Environmental Assessment

Background

    On March 14, 2001, in accordance with 10 CFR 20.2002, the licensee 
submitted a request to dispose of low-activity demolition debris from 
the Big Rock Point (BRP) Restoration Site in a Type II sanitary 
landfill approximately 100 km (60 mi) from the site, licensed by the 
State of Michigan, in accordance with 10 CFR 20.2002. The licensee 
later revised the request on May 18, 2001 and June 20, 2001. NRC 
approved the request in May, 2002, and BRP began shipping material to 
the landfill.
    Subsequently, debris coated with polychlorobiphenyl (PCB)-
contaminated paint, mainly structural steel, was identified during 
demolition. The State of Michigan Type II landfill that is currently 
accepting the debris contaminated with residual radioactivity does not 
accept PCB bulk product waste. Therefore, on September 15, 2004, the 
licensee submitted a revised request to dispose of about 1.4 million 
kilograms (three million pounds) of low-activity PCB bulk product waste 
in an alternate landfill, approximately 445 km (275 mi) from the site, 
licensed by the State of Michigan and the U.S. Environmental Protection 
Agency (EPA) to accept PCBs.
    The licensee will continue to ship low-activity demolition debris 
that is not contaminated with PCB to the original Type II landfill.
    A comparison of the estimates of waste to be disposed and the time 
for disposal is given in the table below. As discussed below, there 
will be lighter loads, thus a slightly lower dose rate for the drivers, 
but more total shipments than was estimated in the 2001 request. 
Because of the increase in total waste, there will also be slight 
increases in dose rate to the landfill workers and postulated resident 
farmer compared to the 2001 estimates.

                                     Table 1.--Comparison of Waste Estimates
----------------------------------------------------------------------------------------------------------------
                Item                          2001                                  2004
----------------------------------------------------------------------------------------------------------------
Total Waste........................  38.3 million kg (84.5  51.3 million kg (113 million lbs).
                                      million lbs).
Rad Waste (remaining)..............  38.3 million kg 84.5   22.1 million kg (48.7 million lbs).
                                      million lbs).

[[Page 3073]]

 
PCB Waste..........................  0....................  1.4 million kg (3 million lbs).
Total shipping time................  1 year...............  3 years.
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Review Scope

    The purpose of this EA is to assess the environmental impacts of 
CE's request to modify its existing authority to dispose of low-
contaminated waste in a licensed landfill that would allow it to 
dispose of similar waste that is also contaminated with PCBs in another 
landfill licensed to receive PCBs. The scope of this EA is limited to 
evaluating potential environmental effects due to the longer shipping 
distance to the PCB-licensed landfill.

Identification of the Proposed Action

    The proposed action would approve the disposal of BRP Plant 
demolition debris that could contain trace quantities of licensed 
materials and PCB at a landfill licensed by the State of Michigan and 
the (EPA) to accept PCBs. An approval would also exempt the low-
contamination material from further Atomic Energy Act (AEA) and NRC 
licensing requirements. The material comprises structural steel coated 
with PCB-contaminated paint, potentially including exterior steel from 
the containment building, classified by the EPA as PCB bulk product 
waste, originating from decommissioning activities. The existing 
radiological survey process will be used to determine if the debris is 
acceptable for landfill disposal. The licensed disposal site is located 
approximately 445 km (275 mi) from Big Rock Point. Landfill design and 
institutional controls for this facility are equal or more restrictive 
than the requirements placed on a State of Michigan licensed Type II 
landfill currently used.
    The proposed action is in accordance with the licensee's 
application requesting approval dated September 15, 2004.

The Need for the Proposed Action

    The proposed action is needed to dispose of structural steel coated 
with PCB-contaminated paint, potentially including exterior steel from 
the containment building, classified by the EPA as PCB bulk product 
waste, that may contain trace quantities of licensed material in a 
landfill licensed by the State of Michigan and EPA to accept PCBs prior 
to license termination. Currently, the BRP Plant is authorized to 
dispose of material at a State of Michigan Type II landfill. However, 
this landfill is not licensed to accepted PCBs. Therefore, BRP is 
seeking to modify its existing Sec.  20.2002 authorization granted in 
2002, so it can dispose of materials with PCB-contaminated paint in a 
landfill licensed to receive it.

Environmental Impacts of the Proposed Action

    The NRC has completed its evaluation of the proposed action, and 
concludes that the environmental impacts of disposing up to 1.4 million 
kilograms (3 million pounds) of painted structural steel in which non-
liquid PCBs are contained within the dried paint matrix, at a disposal 
facility licensed to accept PCB waste, are bounded by the previous EA 
(ADAMS Accession No. ML013370344). Adherence to the radiological survey 
process ensures that the potential radiological dose posed by the 
demolition debris to a transport worker, a landfill worker, or a member 
of the public is conservatively estimated at less than 10 [mu]Sv/yr (1 
mrem/yr). The transportation worker scenario results in revised doses 
of 3.20 [mu]Sv/yr (0.320 mrem/yr), because of the lighter loads for a 
driver to the current State of Michigan licensed Type II landfill, and 
1.78 [mu]Sv/yr (0.178 mrem/yr) for a driver to the alternate licensed 
PCB landfill. The landfill worker scenario results in revised doses of 
2.91 [mu]Sv/yr (0.291 mrem/yr) for a worker at the current State of 
Michigan licensed Type II landfill, and 0.182 [mu]Sv/yr (0.0182 mrem/
yr) for a worker at the alternate licensed PCB landfill because of the 
small amount of radioactive waste to be disposed at this landfill. The 
calculated doses for the landfills are 0.178 [mu]Sv/yr (0.0178 mrem/yr) 
for a resident living at the Type II landfill site, and 0.01 [mu]Sv/yr 
(0.001 mrem/yr) for a resident living at the licensed PCB landfill 
site. Disposal of the demolition debris in the manner proposed is 
protective of public health and safety, is consistent with as low as 
reasonably achievable, complies with EPA requirements, and is the most 
cost-effective alternative.
    The proposed action and attendant exemption of the material from 
further AEA and NRC licensing requirements will not significantly 
increase the probability or consequences of accidents, no changes are 
being made in the types of any effluents that may be released off site, 
and there is no significant increase in occupational or public 
radiation exposure. Therefore, there are no significant radiological 
environmental impacts associated with the proposed action.
    With regard to potential nonradiological impacts, the proposed 
action does not involve any historic sites. It does not affect 
nonradiological plant effluents and, because the waste will be disposed 
in a facility licensed to receive PCBs, it has no other environmental 
impacts. Therefore, there are no significant nonradiological 
environmental impacts associated with the proposed action.
    Accordingly, the NRC concludes that there are no significant 
environmental impacts associated with the proposed action.

Environmental Impacts of the Alternatives to the Proposed Action

    As an alternative to the proposed action, the staff considered 
denial of the proposed action (i.e., the ``no-action'' alternative). 
Denial of the application would result in handling the debris as low 
level radioactive waste and shipping it to a low level waste facility. 
The environmental impacts of the proposed action and the alternative 
action are similar.

Alternative Use of Resources

    This action does not involve the use of any resources not 
previously considered in BRP's Environmental Report for 
Decommissioning, dated February 27, 1995, or in the ``Generic 
Environmental Impact Statement on Decommissioning of Nuclear 
Facilities'' (NUREG-0586, Supplement 1).

Agencies and Persons Consulted

    On December 29, 2004, the staff consulted with the Michigan State 
official, Mr. Pete Quackenbush of the Michigan Department of 
Environmental Quality, Waste and Hazardous Materials Division regarding 
the environmental impact of the proposed action. The State official had 
no comments.

III. Finding of No Significant Impact

    On the basis of the environmental assessment, the NRC concludes 
that the proposed action will not have a significant effect on the 
quality of the

[[Page 3074]]

human environment. Accordingly, the NRC has determined not to prepare 
an environmental impact statement for the proposed action.

IV. Further Information

    For further details with respect to the proposed action, see the 
licensee's letter dated September 15, 2004 (ADAMS Accession No. 
ML042640208). As of October 25, 2004, the NRC initiated an additional 
security review of publicly available documents to ensure that 
potentially information is removed from the ADAMS database accessible 
through the NRC's web site. Interested members of the public may obtain 
copies of the referenced documents for review and/or copying by 
contacting the Public Document Room pending resumption of public access 
to ADAMS. The NRC Public Documents Room is located at NRC Headquarters 
in Rockville, MD, and can be contacted at (800) 397-4209. Documents may 
be examined, and/or copied for a fee, at the NRC's Public Document Room 
(PDR), located at One White Flint North, 11555 Rockville Pike (first 
floor), Rockville, Maryland. Publicly available records will be 
accessible electronically from the Agencywide Documents Access and 
Management System's (ADAMS) Public Library component on the NRC Web 
site, http://www.nrc.gov (the Public Electronic Reading Room). Persons 
who do not have access to ADAMS or who encounter problems in accessing 
the documents located in ADAMS should contact the NRC PDR Reference 
staff by telephone at 1-800-397-4209, or 301-415-4737, or by e-mail at 
[email protected].

    Dated at Rockville, Maryland, this 11th day of January, 2005.

    For the Nuclear Regulatory Commission.
Daniel M. Gillen,
Deputy Director, Division of Waste Management and Environmental 
Protection, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 05-988 Filed 1-18-05; 8:45 am]
BILLING CODE 7590-01-P