[Federal Register Volume 74, Number 110 (Wednesday, June 10, 2009)]
[Notices]
[Pages 27571-27572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13577]


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NUCLEAR REGULATORY COMMISSION

[ DOCKET NO. 72-25; NRC-2009-0076]


Department of Energy, Idaho Operations Office, Idaho Spent Fuel 
Facility; Issuance of Environmental Assessment and Finding of No 
Significant Impact Regarding the Proposed Exemption From Certain 
Regulatory Requirements of 10 CFR Part 20

AGENCY: Nuclear Regulatory Commission.

ACTION: Issuance of an Environmental Assessment and Finding of No 
Significant Impact.

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FOR FURTHER INFORMATION CONTACT: Shana Helton, Senior Project Manager, 
Licensing Branch, Division of Spent Fuel Storage and Transportation, 
Office of Nuclear Material Safety and Safeguards (NMSS), U.S. Nuclear 
Regulatory Commission (NRC), Rockville, MD 20852. Telephone: (301) 492-
3284; fax number: (301) 492-3348; e-mail: [email protected].

SUPPLEMENTARY INFORMATION: Pursuant to 10 CFR 20.2301, the U.S. Nuclear 
Regulatory Commission (NRC) is considering issuance of an exemption to 
the United States Department of Energy, Idaho Operations Office (DOE or 
applicant), from the requirements of 10 CFR 20.1501(c). Section 
20.1501(c) requires that dosimeter processors hold current personnel 
dosimetry accreditation from the National Voluntary Laboratory 
Accreditation Program (NVLAP) of the National Institute of Standards 
and Technology. Exemption from this requirement of 10 CFR 20.1501(c) 
would allow DOE to use the DOE Laboratory Accreditation Program 
(DOELAP) process for personnel dosimetry at Idaho Spent Fuel (ISF) 
facility independent spent fuel storage installation (ISFSI), located 
at the Idaho National Engineering and Environmental Laboratory in Butte 
County, Idaho.
    Pursuant to 10 CFR part 72, DOE submitted an application, including 
a Safety Analysis Report (SAR), by letter dated May 30, 2008, as 
supplemented, seeking NRC approval of the direct transfer of Special 
Nuclear Materials License No. 2512 (SNM-2512) for the ISF facility, 
currently held by Foster Wheeler Environmental Corporation (FWENC). The 
applicant is also seeking NRC approval of a conforming license 
amendment, which would reflect the proposed transfer. NRC staff is 
currently performing a review of the requested license transfer and 
conforming amendment.

Environmental Assessment (EA)

    Identification of Proposed Action: As part of its request for a 
transfer of SNM-2512, DOE, on June 9, 2008, requested an exemption from 
the requirements of 10 CFR 20.1501(c)(1), which states in part that 
``All personnel dosimeters * * * that require processing * * * must be 
processed and evaluated by a dosimetry processor * * * (1) Holding 
current personnel dosimetry accreditation from the National Voluntary 
Laboratory Accreditation Program (NVLAP) of the National Institute of 
Standards and Technology.'' Specifically, the applicant proposes 
allowing the DOELAP as an approved alternative. The NRC's authority to 
grant an exemption to its 10 CFR Part 20 radiation protection 
requirements is set forth in 10 CFR 20.2301.
    Need for the Proposed Action: The applicant will receive control of 
SNM-2512 from FWENC, as described in its application and SAR, subject 
to approval of the pending license transfer application. The applicant 
is implementing programs and procedures necessary to operate the as-
yet-to-be-constructed ISFSI and seeks to have those programs make 
efficient use of resources. One of the programs developed by DOE is the 
capability to monitor personnel occupational radioactive dose for 
routine and non-routine activities at the ISF facility. Personnel 
dosimetry requires processing by a qualified processing facility. DOE's 
preferred processing organization, which is accredited by DOELAP, 
currently processes dosimetry for the Fort St. Vrain ISFSI (docket no. 
72-9) and the Three Mile Island ISFSI (docket no. 72-20), also under 
license to DOE. According to DOE's exemption request, DOELAP is deemed 
equivalent to NVLAP accreditation for the purpose of demonstrating 
compliance with 10 CFR 20.1501(c). Use of the NVLAP process at the ISF 
facility would place a burden upon DOE without any attendant health or 
safety benefit.
    Environmental Impacts of the Proposed Action: The staff has 
examined both the NVLAP and DOELAP processing and standards. Both the 
NVLAP and DOELAP have similar requirements in that they incorporate 
similar test categories (type of radiation and energy levels), 
tolerance levels, bias, and performance criteria. The NRC staff 
concludes that the DOELAP process is an acceptable alternative to the 
NVLAP process required by 10 CFR 20.1501(c) for the ISF facility.

[[Page 27572]]

    NUREG-1773, ``Environmental Impact Statement for the Proposed Idaho 
Spent Fuel Facility at the Idaho National Engineering and Environmental 
Laboratory in Butte County, Idaho'' (January 2004), considered the 
potential environmental impacts of licensing (including construction, 
operation, and decommissioning) this facility. The proposed exemption, 
substituting the DOELAP accreditation process for the NVLAP 
accreditation process, would not change the potential environmental 
effects assessed in the Final Environmental Impact Statement (FEIS) 
described in NUREG-1773. Use of the DOELAP accreditation process by DOE 
at the ISF facility is an action that is administrative and procedural 
in nature. The NRC concludes that there are no environmental impacts 
associated with the approval of the proposed action. Furthermore, in 
accordance with 10 CFR 20.2301, the NRC staff concludes that the use of 
the DOELAP accreditation process at the ISF facility would not result 
in any undue hazard to life or property.
    Alternative to the Proposed Action: Since there are no significant 
environmental impacts associated with the proposed action, any 
alternatives with equal or greater environmental impacts are not 
evaluated. The alternative to the proposed action would be to deny 
approval of the 10 CFR 20.1501(c) exemption and, therefore, not allow 
use of the DOELAP. This alternative would have no significant 
environmental impact as well.
    Agencies and Persons Consulted: The staff discussed this exemption 
request with Ms. Susan Burke, Idaho National Laboratory (INL) 
Coordinator for the State of Idaho, INL Oversight Program, on May 19, 
2009. The State official had no comments regarding the environmental 
impact of the proposed action. NRC staff has determined that the 
proposed action will not affect listed species or critical habitat. 
Therefore, no consultation is required under Section 7 of the 
Endangered Species Act. Likewise, NRC staff has determined that the 
proposed action is not the type of activity that has potential to cause 
effects on historic properties. Therefore, no consultation is required 
under Section 106 of the National Historic Preservation Act.
    Conclusion: The staff has reviewed the exemption request submitted 
by DOE. Allowing the use of DOELAP as an alternative to NVLAP would 
have no significant impact on the environment.

Finding of No Significant Impact

    The environmental impacts of the proposed action have been reviewed 
in accordance with the requirements set forth in 10 CFR Part 51. Based 
upon the foregoing EA, the NRC finds that the proposed action of 
granting an exemption from 10 CFR 20.1501(c) so that DOE may use the 
DOELAP, rather than the NVLAP, as required by existing regulations, 
will not significantly impact the quality of the human environment. The 
NRC has determined not to prepare an environmental impact statement for 
the proposed exemption. Accordingly, it has been determined that a 
Finding of No Significant Impact is appropriate.
    For further details with respect to the application, see the 
application dated May 30, 2008, and the request for the exemption dated 
June 9, 2008, available for public inspection at the Commission's 
Public Document Room (PDR), located at One White Flint North, Public 
File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, 
Maryland. Publicly available records are accessible electronically from 
the Agencywide Documents Access and Management Systems (ADAMS) Public 
Electronic Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/reading-rm/adams.html. The ADAMS Accession numbers for the 
application and exemption request are ML081630246 and ML081750395, 
respectively. 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 to [email protected].

    Dated at Rockville, Maryland this 2nd day of June 2009.

    For the Nuclear Regulatory Commission.
Shana Helton,
Senior Project Manager, Licensing Branch, Division of Spent Fuel 
Storage and Transport, Office of Nuclear Material Safety and 
Safeguards.
[FR Doc. E9-13577 Filed 6-9-09; 8:45 am]
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