[Federal Register Volume 84, Number 124 (Thursday, June 27, 2019)]
[Notices]
[Pages 30780-30782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13691]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 40-8838; NRC-2019-0027]


U.S. Department of the Army; Jefferson Proving Ground

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 issuing an 
environmental assessment (EA) and finding of no significant impact 
(FONSI) for a proposed amendment of NRC source materials license SUB-
1435 held by the U.S. Department of the Army (Army) for the Jefferson 
Proving Ground from ``possession only for decommissioning'' to 
``possession only.'' The proposed amendment of the Army's license would 
also include an exemption from the NRC's decommissioning timeliness 
requirements in the regulations. The EA, ``Final Environmental 
Assessment for the Proposed Amendment of Materials License SUB-1435, 
Jefferson Proving Ground, Southeastern Indiana (Jefferson, Ripley, and 
Jennings Counties),'' documents the NRC staff's environmental review of 
the license amendment application.

DATES: The final EA is available on June 27, 2019.

ADDRESSES: Please refer to Docket ID NRC-2019-0027 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain 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-2019-0027. Address 
questions about Docket IDs in Regulations.gov to Jennifer Borges-Roman; 
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 final EA is available in ADAMS 
under Accession No. ML19169A022.
     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: Christine Pineda, Office of Nuclear 
Material Safety and Safeguards; telephone: 301-415-6789; email: 
[email protected]; U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001.

SUPPLEMENTARY INFORMATION: 

I. Introduction

    Jefferson Proving Ground (JPG) was established in 1940 on 224 
square kilometers (km\2\) [55,265 acres (ac)] in parts of Jefferson, 
Ripley, and Jennings counties in southeastern Indiana for the 
production and specification testing of conventional ammunition 
components. The site was used by the Army between 1941 and 1994 for 
munitions testing and, during that time, the Army also test-fired 
depleted uranium (DU) projectiles into the 8.4-square km\2\ [2,080-ac] 
DU Impact Area, which is located within the JPG installation. The DU 
test firings began on March 18, 1984 and concluded on May 2, 1994. The 
Army estimates that a high density of high-explosive unexploded 
ordnance is present in the DU Impact Area.
    The NRC is considering a request for an amendment to the Army's 
source materials license SUB-1435. The license authorizes possession 
only by the Army of up to 80,000 kilograms (kg) [176,370 pounds (lb)] 
of DU metal, alloy, and/or other forms, kept onsite, for the purpose of 
decommissioning, in the restricted area known as the ``Depleted Uranium 
Impact Area'' (DU Impact Area) at the JPG site in southeastern Indiana. 
The NRC is considering a license amendment that would modify the 
license from ``possession only for decommissioning'' to ``possession 
only'' and an exemption from the NRC's decommissioning timeliness 
requirements in title 10 of the Code of Federal Regulations (10 CFR) 
40.42(d). The need for this NRC licensing action is to ensure the safe 
possession of radioactive materials (in the form of DU). The Army needs 
to delay remediation of the DU Impact Area because remediation is 
prohibitively expensive and poses a risk of potential explosions due to 
the presence of a large amount of unexploded ordnance.
    In accordance with NRC's regulations in 10 CFR part 51, 
``Environmental Protection Regulations for Domestic Licensing and 
Related Regulatory Functions,'' that implement the National 
Environmental Policy Act of 1969, as amended (NEPA) (42 U.S.C. 4321 et 
seq.), the NRC staff prepared a draft EA documenting its environmental 
review of the license amendment application (ADAMS Accession No. 
ML19008A310). On February 4, 2019, the NRC published a Notice of 
Availability of the EA for public review and comment (84 FR 1522), and 
the public comment period closed on March 6, 2019. Public comments are 
addressed in Appendix D in the final EA. The final EA is available for 
public inspection as indicated in the ADDRESSES section of this notice. 
This notice is being published in accordance with the NEPA and the 
NRC's regulations in 10 CFR part 51.

II. Summary of Environmental Assessment

Description of the Proposed Action

    The proposed action is for the NRC to (1) amend Condition 9 of 
materials license SUB-1435 to change the authorized use of licensed 
material from ``possession only for decommissioning'' to ``possession 
only'' for a 20-year term and (2) grant an exemption from the

[[Page 30781]]

NRC's decommissioning timeliness requirements in 10 CFR 40.42(d) for 
the term of the license. Under the proposed action and in accordance 
with current license conditions, the licensed DU material would remain 
onsite in the restricted area known as the DU Impact Area at JPG. In 
accordance with a Memorandum of Agreement (MOA) established in 2000 
with the U.S. Fish and Wildlife Service and the U.S. Air Force, the 
Army would continue to maintain institutional control and implement 
land use restrictions over an area of approximately 206-km\2\ [50,950-
ac], which includes the DU Impact Area. Under the terms of the MOA, the 
Army would remain responsible for remediation of all contamination 
resulting from Army activities, including the ultimate remediation and 
control of all DU in the NRC-licensed DU Impact Area.

Environmental Impacts of the Proposed Action

    In the EA, the NRC staff assessed the potential environmental 
impacts from the proposed license amendment and exemption to the 
following resource areas: Land use; geology and soils; water resources; 
ecological resources; climatology, meteorology, and air quality; 
environmental justice; and public and occupational health. The NRC 
staff also considered the cumulative impacts from past, present, and 
reasonably foreseeable future actions when combined with the proposed 
action.
    All potential impacts from the proposed action were determined to 
be SMALL and not significant, as described in the EA. The NRC staff 
concluded that approval of the proposed action would not result in a 
significant increase in short-term or long-term radiological risk to 
public health or the environment. Furthermore, the NRC staff found that 
there would be no significant negative cumulative impact to any 
resource area from the proposed action when added to other past, 
present, and reasonably foreseeable future actions, and that a positive 
cumulative ecological impact would likely result from the continued 
management of the Big Oaks National Wildlife Refuge over the proposed 
action's 20-year duration.

Environmental Impacts of the Alternatives to the Proposed Action

    As an alternative to the proposed action, the NRC staff considered 
denial of the proposed action (i.e., the ``no-action'' alternative). 
Under the no-action alternative, the NRC would not grant the license 
amendment or exemption, and the Army would need to comply with the 
terms of its current license, which authorizes possession only for 
decommissioning. Under this alternative, the Army would need to submit 
a decommissioning plan. Because remediation of the site would be 
complex, dangerous, and prohibitively expensive, the staff has assumed 
that decommissioning for restricted use would be necessary, similar to 
the Army's previously submitted and withdrawn proposal for 
decommissioning and restricted release. The NRC staff concluded, 
therefore, that decommissioning activities for a 20-year duration would 
be restricted due to the presence of unexploded ordnance and, 
therefore, the potential impacts of the no-action alternative over a 
period of 20 years would be SMALL and similar or identical to the 
impacts of the proposed action.

Discussion of Comments

    The NRC received seven comment submittals from individuals or 
organizations. Several commenters stated their wish to continue 
receiving notifications or updates but did not have substantive 
comments on the draft EA. Two commenters provided comments on the draft 
EA, as summarized below.
    One commenter recommended that the Army commit to indefinite 
environmental monitoring, and that this commitment be included in the 
final EA and FONSI. The NRC responded that the Army stated its 
intention to operate its monitoring program indefinitely and that the 
material currently in the DU Impact Area would remain in place and be 
subject to legally enforceable access controls and land use 
restrictions that the Army established in its MOA with the U.S. Fish 
and Wildlife Service and U.S. Air Force.
    Another commenter expressed concerns about potential future 
migration of DU from the JPG site and requested assurance that there 
will continue to be public access to the semi-annual monitoring 
results, as well as an option for periodic public input regarding the 
site status. This commenter also asked that the NRC's review of the 
license occur more frequently than every 20 years and requested that an 
action plan be developed to address any indication of increased DU 
migration. The NRC responded that, as is currently the practice, the 
results of semi-annual radiation monitoring will continue to be 
publicly available through the NRC's ADAMS system or provided by the 
Army upon request. Regarding an option for periodic public input 
regarding the status of the site and license review frequency, the NRC 
would re-evaluate the terms of the license at the time of any future 
licensing action, as appropriate. A future evaluation for license 
renewal or amendment, extension of the exemption, or a decommissioning 
action would be subject to the NEPA review process, which includes 
public participation and input. Regarding the development and notice of 
an action plan to address any indication of increased migration of DU, 
the Army's environmental monitoring plan specifies action levels (DU 
concentrations in surface water, sediment, and groundwater) and 
procedures to be followed if action levels are exceeded in samples. The 
action levels are well below the NRC effluent limits in appendix B of 
10 CFR part 20.

III. Final Finding of No Significant Impact

    In accordance with the NEPA and 10 CFR part 51, the NRC staff has 
conducted an environmental review of a request for an amendment to NRC 
source materials license SUB-1435 that would change the authorized use 
of licensed material from ``possession only for decommissioning'' to 
``possession only'' and for an exemption from the NRC's decommissioning 
timeliness requirements in 10 CFR 40.42(d). Based on its environmental 
review of the proposed action, as documented in the final EA, the NRC 
staff has determined that granting the requested license amendment and 
exemption would not significantly affect the quality of the human 
environment. The staff has concluded that the proposed action complies 
with the NRC's regulations in 10 CFR part 20, that all potential 
impacts from the proposed action would be SMALL, and that approval of 
the proposed action would not result in a significant increase in 
short-term or long-term radiological risk to public health or the 
environment. The staff also found that there would be no significant 
negative cumulative impacts and that a positive cumulative ecological 
impact would likely result from the continued management of the Big 
Oaks National Wildlife Refuge over the proposed action's 20-year 
duration. Therefore, the NRC staff has determined, pursuant to 10 CFR 
51.31, that preparation of an environmental impact statement is not 
required for the proposed action and a FONSI is appropriate.

    Dated at Rockville, Maryland, this 24th day of June 2019.


[[Page 30782]]


    For the Nuclear Regulatory Commission.
Michael F. King,
Director, Division of Fuel Cycle Safety, Safeguards, and Environmental 
Review, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2019-13691 Filed 6-26-19; 8:45 am]
 BILLING CODE 7590-01-P