[Federal Register Volume 83, Number 168 (Wednesday, August 29, 2018)]
[Notices]
[Pages 44068-44070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18757]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-0609; NRC-2018-0184]
Target Fabrication Portion of the Northwest Medical Isotopes
Radioisotope Production Facility
AGENCY: Nuclear Regulatory Commission.
ACTION: Environmental assessment and finding of no significant impact;
issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering
issuing an exemption to Northwest Medical Isotopes, LLC (NWMI) from its
regulations, to waive the requirement that NWMI submit an application
to the NRC for a license to possess and use special nuclear material
for processing and fuel fabrication, scrap recovery or conversion of
uranium hexafluoride, or for the conduct of any other activity which
the NRC has determined will significantly affect the quality of the
environment, at least 9 months prior to commencement of construction of
the plant or facility in which the activity will be conducted. The NRC
has prepared an environmental assessment (EA) and finding of no
significant impact (FONSI) for this exemption request.
DATES: The EA and FONSI referenced in this document are available on
the 24th day of August, 2018.
ADDRESSES: Please refer to Docket ID NRC-2018-0184 when contacting the
NRC about the availability of information regarding this document. You
may access publicly-available information related to this document
using any of the following methods:
Federal Rulemaking Website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0184. Address
questions about NRC dockets to Jennifer Borges; telephone: 301-287-
9127; email: [email protected]. For technical questions, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS
Search.'' For problems with ADAMS, please contact the NRC's Public
Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or
by email to [email protected]. The ADAMS accession number for each
document referenced (if it is available in ADAMS) is provided the first
time that it is mentioned in this document.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: David Tiktinsky, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-8740, email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
The NRC is considering issuing an exemption to NWMI from section
70.21(f) in title 10 of the Code of Federal Regulations (10 CFR), which
requires the submission of an application to the NRC under 10 CFR part
70, ``Domestic Licensing of Special Nuclear Material,'' for a license
to possess and use special nuclear material for processing and fuel
fabrication, scrap recovery or conversion of uranium hexafluoride, or
for the conduct of any other activity which the NRC has determined
pursuant to subpart A of 10 CFR part 51 will significantly affect the
quality of the environment, at least 9 months prior to commencement of
construction of the plant or facility in which the activity will be
conducted. The exemption would allow NWMI to commence construction of
the entire NWMI medical radioisotope production facility (RPF) based
upon the environmental review conducted for the 10 CFR part 50
construction permit issued to NWMI on May 9, 2018. The exemption was
requested by NWMI in a letter dated December 18, 2017 (ADAMS Accession
No. ML17362A040), as supplemented on March 12, 2018 (ADAMS Accession
No. ML18088A175).
The NWMI 10 CFR part 50 construction permit application, which
included an environmental report, discussed processes that would fall
under 10 CFR 70.21(f). The NRC staff environmental review of the 10 CFR
part 50 construction permit application discussed, as a connected
action, the environmental impacts of this process, consistent with the
National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et
seq.) and the NRC's environmental protection regulations that implement
NEPA in 10 CFR part 51. The NRC staff documented the evaluation and
conclusions of its environmental review of the NWMI 10 CFR part 50
construction permit application in an environmental impact statement
(EIS), NUREG-2209, ``Environmental Impact Statement for the
Construction Permit for the Northwest Medical Isotopes Radioisotope
Production Facility,'' issued in May 2017 (ADAMS Accession No.
ML17130A862).
As required by 10 CFR 51.21, the NRC staff prepared an EA that
analyzes the environmental impacts of the proposed exemption in
accordance with NEPA. Based on the EA that follows, the NRC has
determined not to prepare an EIS for the proposed exemption, and is
issuing a FONSI.
II. Environmental Assessment
Identification of the Proposed Action
The proposed action is the issuance of an exemption in response to
a request dated December 18, 2017 (ADAMS Accession No. ML17362A040), as
supplemented by a letter dated March 12, 2018 (ADAMS Accession No.
ML18088A175), from NWMI. The purpose of the proposed action is to
exempt NWMI from the requirement that NWMI submit an application to the
NRC for a license under 10 CFR part 70 at least 9 months prior to
commencement of construction of the plant or facility in which the 10
CFR part 70 activities will be conducted. The activities that will be
subject to the 10 CFR part 70 license application are described in the
construction permit application that NWMI previously submitted to the
NRC under 10 CFR part 50 for an RPF to be constructed in Columbia,
Missouri. (NWMI Preliminary Safety Analyses Report, Chapter 19,
``Environmental Report.'' Corvallis, OR, revision OA dated June 2015,
(ADAMS Accession Nos. ML15210A123, ML15210A128, ML15210A129, and
ML15210A131)).
The NWMI exemption request asks the NRC to exempt NWMI from the
timing requirement in order to allow NWMI to begin construction of the
10 CFR part 70 components of the RPF upon the issuance of the 10 CFR
part 50 construction permit.
Need for the Proposed Action
NWMI received a construction permit under 10 CFR part 50 to
construct the RPF, which would fabricate low-enriched uranium (LEU)
targets and ship them to a network of U.S. research reactors for
irradiation, receive irradiated LEU targets, disassemble and dissolve
irradiated LEU targets, and recover and purify Molybdenum-99 (Mo-99).
These processes would take place in a single RPF building divided into
two separate areas where processes
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subject to different regulatory regimes would take place. The processes
involved in receipt of irradiated LEU targets, LEU target disassembly
and dissolution, and Mo-99 recovery and purification are subject to the
licensing requirements of 10 CFR part 50. The processes involved in
target fabrication that NWMI plans to perform in a separate area of the
RPF and would be subject to the separate licensing requirements of 10
CFR part 70.
NWMI submitted a 10 CFR part 50 construction permit application
seeking authorization to construct the portion of the RPF where the
processes subject to the 10 CFR part 50 regulations would occur. NWMI
submitted an environmental report with its construction permit
application, providing environmental information about all of the
processes that would occur in both portions of the RPF. In accordance
with Section 102(2)(C) of NEPA and the NRC's regulations in 10 CFR part
51, the NRC staff prepared an EIS (NUREG-2209) assessing the potential
impacts of the construction, operation, and decommissioning of the
proposed RPF on the quality of the human environment and reasonable
alternatives. The construction and operation impacts from the portion
of the RPF in which 10 CFR part 70 target fabrication activities would
occur were evaluated as a connected action to the 10 CFR part 50
construction permit.
Because the NRC has evaluated the environmental impacts from the 10
CFR part 70 target fabrication activities in the RPF, as part of its
EIS supporting NWMI's 10 CFR part 50 construction permit application,
NWMI is requesting an exemption from the requirement that the
application for these 10 CFR part 70 activities must be submitted at
least 9 months prior to commencement of construction of the 10 CFR part
70 components of the RPF. The exemption would allow NWMI to initiate
construction of the 10 CFR part 70 components of the RPF upon the
issuance of the 10 CFR part 50 construction permit for the RPF even if
the 10 CFR 70.21(f) timing requirement has not been met.
Environmental Impacts of the Proposed Action
The environmental impacts associated with the construction of the
target fabrication portion of the RPF were evaluated and discussed in
the EIS issued for the construction permit application for the 10 CFR
part 50 portion of the RPF (see NUREG-2209, Section 6-4). The EIS
concluded that ``[a]fter weighing the environmental, economic,
technical, and other benefits against environmental and other costs,
and considering reasonable alternatives, the NRC staff's
recommendation, unless safety issues mandate otherwise, is the issuance
of the construction permit under 10 CFR part 50 to NWMI.''
The purpose of the timing requirement in 10 CFR 70.21(f) is to
allow the NRC sufficient time to conduct its environmental review of
certain 10 CFR part 70 activities before commencement of construction
of the facility in which they will occur. As explained above, the NRC
considered the environmental impacts of the processes that will take
place in 10 CFR part 70 portion of the RPF, where target fabrication
processes will occur, as part of its review of the 10 CFR part 50
construction permit application. Because the exemption request concerns
only the timing of when construction of the 10 CFR part 70 portion of
the RPF begins, the proposed exemption would not: (a) Affect the
probabilities of evaluated accidents; (b) impact margins of safety; (c)
reduce the effectiveness of programs contained in licensing documents;
(d) increase effluents; (e) increase occupational radiological
exposures; or (f) impact operations or decommissioning activities of
the RPF. The staff's safety review performed for issuance of the 10 CFR
part 50 construction permit is documented in the staff's Safety
Evaluation Report dated November 2017 (ADAMS Accession No.
ML17310A368).
The requested exemption does not impact the scope of the proposed
action or the connected actions at the RPF that were evaluated in the
EIS. Accordingly, it does not involve any additional impacts or
represent a significant change to those impacts described and analyzed
in the environmental information submitted as part of the 10 CFR part
50 construction permit application. Based on the foregoing, the NRC
staff has concluded that the proposed action would have no significant
environmental impact.
Environmental Impacts of the Alternatives to the Proposed Action
A possible alternative to the proposed action would be to deny the
exemption request (i.e., the ``no-action'' alternative). If the NRC
denies the exemption request, then NWMI may need to defer the
initiation of construction of the 10 CFR part 70 components of the RPF
to meet the timing requirements in 10 CFR 70.21(f). Since the exemption
request relates to the timing of the initiation of construction and not
to the scope of construction, then the impacts of this alternative
would not be significantly different than if the NRC approved the
exemption request.
Alternative Use of Resources
Since NWMI has no plans to perform any new activities that were not
considered in previous environmental reviews, the change in timing to
initiate construction does not involve the use of resources not
previously considered.
Agencies and Persons Consulted
In a letter dated May 17, 2018 (ADAMS Accession No. ML18113A504),
the NRC staff consulted with officials from the Missouri Department of
Natural Resources regarding the environmental impact of the proposed
action. The State responded on July 13, 2018, and stated that it had no
comments (ADAMS Accession No. ML18197A199).
The NRC staff also reviewed the proposed action in accordance with
the Section 106 process of the National Historic Preservation Act of
1966, as amended (NHPA) (54 U.S.C. 300101 et seq.), which requires
federal agencies to consider the effects of their undertakings on
historic properties. The NRC has determined that the proposed action,
which would only affect the timing of commencement of construction of a
portion of the facility, is not the type of action that has the
potential to cause any additional impacts or a significant change from
the impacts related to historic properties discussed and analyzed in
NUREG-2209, the NRC's EIS for the 10 CFR part 50 construction permit
for the RPF. Therefore, in accordance with 36 CFR 800.3(a)(1), no
consultation is required under Section 106 of the NHPA.
Under Section 7 of the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.), prior to taking a proposed action, a federal agency must
determine whether: (i) Endangered and threatened species or their
critical habitats are known to be in the vicinity of the proposed
action and, if so, whether (ii) the proposed federal action may affect
listed species or critical habitats. The NRC has determined that the
proposed action will not have any additional impacts or a significant
change from the impacts related to threatened or endangered species or
critical habitats analyzed in the NRC's EIS for the 10 CFR part 50
construction permit for the RFP in NUREG-2209.
III. Finding of No Significant Impact
NWMI requested an exemption from 10 CFR 70.21(f) that would allow
it to initiate construction of the 10 CFR part 70 components of the RPF
upon the issuance of the 10 CFR part 50
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construction permit for the RPF even if the 10 CFR 70.21(f) timing
requirement has not been met. The NRC is considering issuing the
requested exemption. The proposed action would not significantly: (a)
Affect probabilities of evaluated accidents; (b) affect margins of
safety; (c) affect the effectiveness of programs contained in licensing
documents; (d) increase effluents; (e) increase occupational
radiological exposures; or (f) affect operations or decommissioning
activities of the RPF. The reason the environment would not be
significantly affected is because the requested exemption affects only
the timing of construction and does not affect the previous evaluation
regarding the environmental impacts of constructing and operating the
NWMI RPF, as described in the Environmental Impact Statement for
Construction Permit for the Northwest Medical Isotopes Radioisotope
Production Facility, Final Report (NUREG-2209). The impacts of
connected 10 CFR part 70 actions at the RPF were evaluated in NUREG-
2209. On the basis of the EA included in Section II of this document,
and incorporated herein by reference, the NRC has determined not to
prepare an EIS for the proposed action. The related environmental
documents are: (a) NWMI Exemption request dated December 17, 2017, as
supplemented on March 12, 2018 (ADAMS Accession Nos. ML17362A040 and
ML18088A175); (b) NWMI Preliminary Safety Analyses Report, Chapter 19,
``Environmental Report,'' Corvallis, OR, revision OA dated June 2015,
(ADAMS Accession Nos. ML15210A123, ML15210A128, ML15210A129, and
ML15210A131; and (c) NUREG-2209, ``Environmental Impact Statement for
the Construction Permit for the Northwest Medical Isotopes Radioisotope
Production Facility,'' issued in May 2018 (ADAMS Accession No.
ML17130A862).
This FONSI and other related environmental documents may be
examined, and/or copied for a fee, at the NRC's PDR, located at One
White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.
Publicly-available records are also accessible online in the ADAMS
Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to ADAMS or who encounter
problems in accessing the documents located in ADAMS should contact the
NRC's PDR reference staff by telephone at 1-800-397-4209 or 301-415-
4737, or by email to [email protected].
Dated at Rockville, Maryland this 24th day of August, 2018.
For the Nuclear Regulatory Commission.
Brian W. Smith,
Deputy Director, Division of Fuel Cycle Safety, Safeguards, and
Environmental Review, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2018-18757 Filed 8-28-18; 8:45 am]
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