[Federal Register Volume 88, Number 55 (Wednesday, March 22, 2023)]
[Notices]
[Pages 17274-17280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05876]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-073; NRC-2023-0051]
GE-Hitachi Nuclear Energy Americas, LLC; Nuclear Test Reactor
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
renewal of Facility License No. R-33, held by the GE-Hitachi Nuclear
Energy Americas, LLC (GE-Hitachi or the licensee), for the continued
operation of the Nuclear Test Reactor (NTR or the reactor), located on
the Vallecitos Nuclear Center (VNC) site in Sunol, Alameda County, CA.
The NRC is issuing an environmental assessment (EA) and finding of no
significant impact (FONSI) associated with the proposed action.
DATES: The EA and FONSI referenced in this document are available on
March 22, 2023.
ADDRESSES: Please refer to Docket ID NRC-2023-0051 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 https://www.regulations.gov and search for Docket ID NRC-2023-0051. Address
questions about Docket IDs in Regulations.gov to Stacy Schumann;
telephone: 301-415-0624; 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 https://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 by phone at 1-800-397-4209 or 301-
415-4737, or by email to
[[Page 17275]]
[email protected]. For the convenience of the reader, the ADAMS
accession numbers are provided in a table in the ``Availability of
Documents'' section of this document.
NRC's PDR: You may examine and purchase copies of public
documents, by appointment, at the NRC's PDR, Room P1 B35, One White
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make
an appointment to visit the PDR, please send an email to
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Duane Hardesty, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-3724; email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
The NRC is considering issuance of a renewed Facility Operating
License No. R-33, held by GE-Hitachi, which would authorize continued
operation of its NTR, located on the VNC site in Sunol, Alameda County,
CA. The renewed license would authorize continued operation of the NTR
for an additional 20 years from the date of issuance of the renewed
license.
As required by section 51.21 of title 10 of the Code of Federal
Regulations (10 CFR), ``Criteria for and identification of licensing
and regulatory actions requiring environmental assessments,'' the NRC
staff prepared this EA documenting its environmental review. Based on
the results of the environmental review as documented in the EA that
follows, the NRC has determined not to prepare an environmental impact
statement for the proposed renewed license and is issuing a FONSI in
accordance with 10 CFR 51.32, ``Finding of no significant impact.''
II. Environmental Assessment
Facility Site and Environs
The NTR at the Vallecitos Nuclear Center is a heterogeneous, high-
enriched-uranium, graphite-moderated and reflected light-water-cooled
thermal reactor. It is licensed to operate at a power level of up to
100 kilowatts thermal (kWt) and has been in operation since 1957. The
NTR is fueled by highly enriched uranium-aluminum alloy disks clad with
aluminum.
The NTR lies within the VNC site on the north side of Vallecitos
Valley in Sunol, Alameda County, CA. The site slopes upwards from 400
feet (122 meters (m)) above mean sea level (MSL) at its relatively flat
southern end to 1,200 feet (366 m) above MSL along a northern ridge.
The southern end of the property drains southwest through ditches to
Vallecitos Creek, which then discharges to Arroyo de la Laguna near the
north end of Sunol Valley. Vallecitos Valley is approximately 2 miles
(3.2 kilometers (km)) long and 1 mile (1.6 km) wide and primarily
consists of undeveloped grasslands. The towns of Pleasanton and
Livermore lie approximately 4 miles (6.4 km) north and 5 miles (8 km)
northeast of the VNC site, respectively. Fremont lies approximately 8
miles (12.9 km) southwest of the site.
The NTR is housed within Building 105 of the VNC site. Building 105
lies on a 135-acre (54.7-hectare (ha)) parcel in the southwest quadrant
of the site. In addition to the NTR, the building contains offices,
laboratories, and storage areas. This area of the site also includes
several other buildings and high structures, including a 15-foot-tall
(4.6-m) gas-fired boiler exhaust stack and several single and
multistory buildings, including Buildings 102, 103, and 106.
Additionally, the site contains three other reactor facilities:
Vallecitos Boiling-Water Reactor (DPR-1), Empire State Atomic
Development Agency Vallecitos Experimental Superheat Reactor (DR-10),
and GE Test Reactor (TR-1). DPR-1 and DR-10 are permanently shut down
and in active decommissioning. TR-1 is permanently shut down and
currently in SAFSTOR (i.e., Safe Storage) under a possession-only
license. Figures 1 and 2 in GE-Hitachi's Environmental Report (ER)
(included in the list of documents associated with the license renewal
application and can be found in Section III ``Availability of
Documents'' at the end of this notice) provide a map of the VNC site
and an aerial photograph of the site's developed area, respectively.
The descriptions of the NTR facility, the site, and the surrounding
environs in this EA originate from GE-Hitachi's ER or GE-Hitachi's
Safety Analysis Report (SAR) (included in the list of documents
associated with the license renewal application and can be found in
Section III ``Availability of Documents'' at the end of this notice)
unless otherwise cited.
Within Building 105, the NTR is housed within a thick-walled,
reinforced concrete Reactor Cell that includes the reactor, reactor
control mechanisms, coolant system, and a fuel loading tank.
Penetrations into the Reactor Cell provide for passing water, electric
power, and air into and out of the cell. The Reactor Cell confines
airborne radioactivity and provides for controlled release through an
exhaust stack. The stack is 45 feet (13.7 m) above grade level and 9
feet (2.7 m) above the highest point of Building 105. In addition to
the Reactor Cell, the NTR includes the Control Room, North Room, South
Cell, and Set-up Room. The Reactor Cell and these rooms collectively
comprise the NTR and are included within the 10 CFR part 20,
``Standards for Protection Against Radiation,'' Restricted Area wherein
radiological controls are implemented for personnel safety.
The Control Room contains the control console, an operator work
area, and space for equipment and experiment preparation. Personnel in
the Control Room may experience dose rates of 0.6 millirem per hour
(mrem/h) during typical reactor operation and up to 2 mrem/h when the
aperture (an opening that will allow neutrons to pass through it
surrounded by neutron absorbing materials) between the Reactor Cell and
the South Cell is open during neutrography operations. The North Room
provides access to the north neutron radiography position inside the
shielded, concrete monument, as well as the access station for the
cable held retractable irradiation facility. The South Cell is a
concrete shielded room that provides access to the thermal column,
horizontal facility, and the south neutron radiography position. It
also contains apertures to the North Room for neutron radiography. The
Set-up Room contains storage and space for experiment set-up prior to
irradiation or testing.
GE-Hitachi typically operates the NTR for one shift, 5 days per
week for a total annual average of approximately 700 full-power hours
per year. During operation, the primary coolant core outlet temperature
is typically 124 degrees Fahrenheit ([deg]F) (51.1 degrees Celsius
([deg]C)). This results in a delta of 20 [deg]F (-6.7 [deg]C) (across
the primary to secondary cooling water heat exchanger. Secondary
cooling water temperature is usually below 95 [deg]F (35 [deg]C) and
rarely exceeds 100 [deg]F (37.7 [deg]C). Upon leaving the heat
exchanger, secondary cooling water flows to the facility drain, which
discharges to 50,000-gallon (189,270-liter) site retention basins. GE-
Hitachi samples water in these basins to ensure it contains no
radioactive material prior to release. During this process, the
wastewater cools to ambient temperature. From the retention basins, GE-
Hitachi releases the cooled wastewater through an onsite sprinkler
irrigation system. To ensure that these releases do not create buildup
of trace
[[Page 17276]]
byproducts in soil runoff, GE-Hitachi periodically samples sediment in
the discharge swale at the southeast end of the VNC property.
The NTR shares many facilities and equipment in Building 105 with
other laboratory facilities housed within the building. These include
potable water, fire protection, emergency supplies and support,
heating, ventilation, and air conditioning, AC electrical distribution,
and compressed air.
A detailed description of the NTR and its operations can be found
in GE-Hitachi's SAR (included in the list of documents associated with
the license renewal application and can be found in Section III
``Availability of Documents'' at the end of this notice) submitted as
part of its renewal application.
Description of the Proposed Action
The proposed action would renew Facility Operating License No. R-33
for a period of 20 years from the date of issuance of the renewed
license. The proposed action would authorize GE-Hitachi to operate the
NTR at a nominal steady-state power of 100 kWt. The proposed action is
in accordance with the licensee's application dated November 19, 2020,
and supplements dated September 22, 2021; April 22, 2022 and September
15, 2022; and January 27, 2023. The NRC issued the initial facility
operating license on October 31, 1957. The NRC subsequently issued
renewed facility operating licenses on December 28, 1984, and April 20,
2001. The current facility operating license was set to expire at
midnight on April 20, 2021. In accordance with 10 CFR 2.109, ``Effect
of timely renewal application,'' the existing license remains in effect
until the NRC takes final action on the renewal application.
Need for the Proposed Action
The proposed action is needed to allow the continued operation of
the NTR to provide irradiation services for (1) neutron radiography
(neutrography) of radioactive and nonradioactive objects, (2) small
sample irradiation and activation, (3) sensitive reactivity
characterizations of reactor fuel cladding material, (4) training, and
(5) calibrations and other testing utilizing a neutron flux for the
U.S. Department of Defense (DOD), U.S. national laboratories, and U.S.
private industry. A significant use of the facility is the performance
of neutron radiography on energetic devices used for DOD applications
and the space industry. The NTR is currently one of two facilities in
the United States that provides this service.
Environmental Impacts of the Proposed Action
The environmental impacts of the proposed action are described in
this EA. As discussed further, the proposed action will not have a
significant environmental impact. In addition, the proposed action will
not require any physical changes to the facility, and the impacts are
similar to those occurring during past operations. Separate from this
EA, the NRC staff is performing a safety evaluation, which will be
available with the renewed license, if issued.
Radiological Impacts
Environmental Effects of Reactor Operations
Gaseous radioactive effluents resulting from the routine operation
of the NTR are released to the environment from the reactor building
from an exhaust stack on the roof after passing through a prefilter and
a bank of HEPA filters. The NTR stack discharge length is 45 ft (14 m).
Argon (Ar)-41 is by far the most significant radionuclide released as a
gaseous effluent during normal reactor operations. The maximum release
of Ar-41 would occur from continuous operation at full power. GE-
Hitachi provided airborne radiological effluent releases for calendar
year 2018 as an example of the releases tracked at the NTR indicating
that the total noble gases releases from the stack was 190 curies (Ci),
the majority of which is Ar-41. NRC staff confirmed the releases of 190
Ci in GE-Hitachi's annual report and determined that it is reasonable
to assume most of the releases are due to Ar-41 given that it would be
conservative to assume this for dose calculations. The licensee's
methodology for determining stack release rate action levels and limits
ensures that doses to members of the public due to airborne releases
are at or below the 10 CFR 20.1101(d) limit of 10 mrem per year. This
meets the 100 mrem per year (mrem/yr) (1 millisieverts per year (mSv/
yr) dose equivalent to the maximally exposed individual in 10 CFR
20.1301, ``Dose limits for individual members of the public.''
The only liquid radiation source for the NTR is the primary
coolant, but no radioactive liquid effluents are discharged from the
facility. The primary coolant is regularly sampled to monitor fuel
leakage into the primary coolant, which is vented into a holdup tank
prior to reactor startup. The amount of water vented into the holdup
tank is small enough that it evaporates, and the tank does not fill.
Dose rate measurements of the reactor holdup tank show that no-long
lived radionuclides accumulate in the tank. The total amount of liquid
waste generated is from the primary coolant sampling, which is
approximately one liter per sample. This sample waste is disposed of
with the other laboratory waste.
Solid radioactive waste generated from reactor operations at the
NTR are primarily contaminated paper and plastic, filters, and resins.
Shipments of solid radioactive low-level waste consist of one to three
cubic feet (less than one cubic meter) of contaminated material per
year with activity in the order of millicuries. Once transferred, the
low level waste broker ships and disposes of the waste in accordance
with applicable regulations for radioactive materials.
No spent (irradiated) fuel will be permanently stored within the
NTR during the license renewal term. If it is necessary to remove a
fuel assembly, it is transferred to the fuel loading tank and special
arrangements are made to use a shielded transfer cask and storage
facilities elsewhere on the site. The U.S. Department of Energy (DOE)
provides fuel for use at the NTR. GE-Hitachi has entered into a
contract with DOE whereby the DOE retains title to the fuel and is
obligated to take all NTR spent nuclear fuel from the site for final
disposition. GEH does not anticipate any changes in spent fuel handling
during the proposed license renewal term.
As described in chapter 11, ``Radiation Protection Program/Waste
Management,'' of the NTR SAR and verified through NRC staff review of
the licensee's annual reports for the 5 years of operation from 2016
through 2020, personnel exposures are well within the limits set by 10
CFR 20.1201, ``Occupational dose limits for adults,'' and are as low as
reasonably achievable in accordance with 10 CFR 20.1101(b). The
licensee tracks exposures of personnel monitored with dosimeters, and
the annual reports for the 5 years show that the personnel exposures
(total effective dose equivalent) were usually less than one percent of
the occupational limit of 5,000 mrem (50 mSv) per year. The greatest
individual exposure (annual) over the last 5 years was 876 mrem (8.76
mSv). No changes in reactor operation that would lead to an increase in
occupational dose are expected or proposed as a result of the proposed
action.
The radiation monitoring systems associated with reactor operations
at the NTR are provided and maintained as a means of ensuring
compliance with radiation limits established under 10
[[Page 17277]]
CFR part 20. The monitoring systems consist of remote area monitors,
continuous air monitor, portable radiation survey instruments, hand and
foot counter, fixed air filters, and stack monitor system, as described
in section 11.1.4, ``Radiation Monitoring and Surveying,'' of the SAR.
The stack monitor system measures particulate and noble gases,
respectively, that are exhausted through the NTR exhaust stack.
The licensee has an environmental radiation program that measures
radiation exposure in and around the VNC facility. The environmental
radiation monitoring program surveys groundwater, stream sediments,
vegetation, storm water, direct gamma radiation, gaseous effluents
(which includes 4 air monitoring stations and 20 gamma radiation
monitoring locations).
The licensee also obtains water samples to ensure no releases into
water pathways. The water samples are analyzed for gross alpha, beta,
and tritium. Soil and vegetation samples are analyzed for gross beta
and undergo gamma spectroscopy. These samples and dosimetry are
analyzed and documented in the annual effluent and environmental
reports. Review of the annual reports over the last 5 years of
operation (2016 through 2021) shows no discernible radiological effect
of NTR operations on the environment.
Based on the review of monitoring data for the period 2016 through
2021, the NRC staff concludes that operation of the NTR does not have
any significant radiological impact on the surrounding environment. No
changes in reactor operation that would affect offsite radiation levels
are expected or proposed as a result of the proposed action. Therefore,
the NRC staff finds that the proposed action would not have a
significant radiological impact.
Environmental Effects of Accidents
Accident scenarios are discussed in chapter 13, ``Accident
Analysis,'' of the NTR SAR. The accidents analyzed in chapter 13 range
from anticipated events to a postulated fission product release with
radiological consequences that exceed those of any accident considered
to be credible. The licensee considers a single-mode nonviolent failure
of 50 mg of uranium-235 powder in a singly encapsulated container
followed by release of fission products as the maximum hypothetical
accident for the NTR. This accident would involve the release of
material to the reactor cell area and into the environment with no
credit taken for filtration of the release by the NTR stack filter
system. The licensee uses this scenario to calculate the maximum
concentration of fission products that might be present in the reactor
cell. The licensee calculated doses to facility personnel during a 5
minute evacuation duration, and also calculated the dose to a member of
the public outside the facility during the 2 hours it would take the
released radioactive material to pass. The licensee estimated an
occupational dose of 500 mrem (5 mSv), and a dose of 100 mrem (1 mSv)
to the maximally-exposed member of the public.
Separate from this EA, the NRC staff is reviewing GE-Hitachi's
accident analyses of the potential radiological consequences that may
result from the proposed license renewal. The results of the NRC
staff's safety review will be documented in a safety evaluation report
that will be made publicly available. If the NRC staff concludes that
the radiological consequences are within 10 CFR part 20 dose limits,
then GE-Hitachi's accident analyses and the proposed action would not
have a significant impact with respect to radiological consequences.
Conclusion--Radiological Impacts
In the application for license renewal, the licensee has not
proposed any physical changes to the reactor facility design, or
adverse changes to facility operating conditions, that would
significantly affect facility operation; therefore, there would be no
changes in the types or quantities of routine effluents that may be
released off site. The licensee has systems in place for controlling
the release of radiological effluents and implements a radiation
protection program to monitor personnel exposures and releases of
radioactive effluents. Accordingly, there would be no increase in
routine occupational or public radiation exposure as a result of the
proposed action. Based on the information previously discussed, the NRC
staff finds that the proposed action will not significantly increase
the probability and consequences of accidents.
The license renewal would not significantly change reactor
operations. As previously discussed, information in the application and
data reported to the NRC by the licensee for the last 5 years of
reactor operation were evaluated to determine the radiological impact.
The NRC staff found that releases of radioactive material and personnel
exposures were all well within applicable regulatory limits. Based on
this evaluation, the NRC staff finds that the continued operation of
the reactor would have no significant radiological impacts.
Non-Radiological Impacts
The proposed action does not involve any change in the operation of
the reactor or change in the emissions or heat load dissipated to the
environment. No new construction or other land disturbing activities
are proposed. The proposed action would not result in any land use
changes or increase in noise or air emissions, and would not have a
significant impact on air quality, noise, visual resources, or
ecological resources.
Monitoring results of surface and ground water among other media
are reported according to NTR and other site licensing requirements.
Treated sanitary and industrial wastewater was disposed of onsite by an
irrigation system. No surface runoff of sanitary or industrial waste
occurred. Groundwater was monitored for gross alpha, gross beta,
Strontium (Sr)-90 and tritium. Review of the last 5 years of analytical
results of collected groundwater samples (2016 through 2021), shows
that the GE-Hitachi is in compliance with all license requirements
issued by the NRC, and NTR operation has no discernible effect on
groundwater quality.
GE-Hitachi uses three drainage systems at the VNC site: industrial,
sanitary, and storm. The industrial (non-cooling contact water) and
sanitary wastewater discharge nonradioactive effluent into any of the
four 50,000-gallon (189,270-liter) retention basins located in the
southwest corner of the site, which store the water for nonpotable
purposes (e.g., landscape watering). There have been no discharges to
surface waters from these retention basins since July 2003. The
industrial wastewater has been discharged directly through onsite
irrigation while the sanitary wastewater is first processed (for
example through chlorination) and then sprayed onto VNC property by an
irrigation system in a designated area. The storm water at the facility
drains through a series of essentially natural ditches that merge
before exiting the southwest corner of the site and emptying into
Vallecitos Creek.
Groundwater level at the VNC site varies greatly, ranging from a
few feet below ground surface (near Retention Basins 2 and 3) to 30 to
40 feet (9.1-12.2 m) below ground surface (northwest of the road
leading to the water tank). Groundwater at the site generally flows
toward the southwest at an estimated velocity of about 0.01 ft/day
(.003 m/day) (in clays) to 8 ft/day (2.4 m/day) (in gravels) depending
on the clay content.
GE-Hitachi conducts effluent monitoring and environmental
[[Page 17278]]
surveillance programs to ensure compliance with effluent release limits
as described in in 10 CFR part 20, appendix B, ``Annual Limits on
Intake (ALIs) and Derived Air Concentrations (DACs) of Radionuclides
for Occupational Exposure; Effluent Concentrations; Concentrations for
Release to Sewerage,'' and to monitor any potential impacts on the
environments around the VNC facilities. The effluent monitoring program
includes measuring gross alpha and gross beta particle activity in
water discharged through the site sanitary and industrial wastewater
systems, as well as measuring tritium levels in sanitary wastewater.
The environmental surveillance program monitors gross alpha and gross
beta in sediments from neighboring streams, groundwater, and vegetation
at locations near or beyond the site perimeter and monitoring Cobalt
(Co)-60 and Cesuim (Cs)-137 in stream sediment.
Recent records from the facility's effluent monitoring program show
that in monthly testing of industrial effluent, gross alpha varied from
nondetectable to 4.96 picoCuries per liter (pCi/L), and gross beta from
0.79 pCi/L to 6.14 pCi/L. In 2021, tritium was detected from 24 pCi/L
to 633 pCi/L in the industrial effluent. Compared to industrial
effluents, monthly testing of sanitary effluents generally showed lower
levels of radioactivity. In 2021, the highest concentrations of gross
alpha measured in sanitary effluent was 3.71 pCi/L, gross beta was 5.39
pCi/L, and tritium was 485 pCi/L. As part of the environmental
surveillance program, the facility tests stream sediment at locations
near or beyond the site perimeter. In 2021 testing of stream sediment,
gross alpha was detected at 4.73 Ci/L, gross beta at 1.6 pCi/L, and
both Co-60 and Cs[hyphen]137 were not detected.
GE-Hitachi monitors groundwater at the VNC site quarterly by
collecting from eight wells located on or near the VNC site. The
samples are analyzed for gross alpha, gross beta, tritium, and Sr-90.
In 2021, the highest levels of gross alpha and gross beta detected were
6.51 pCi/L and 4 pCi/L, respectively. In 2021, the highest level of
tritium detected in the groundwater was 857 pCi/L.
In summary, effluent discharges from the VNC site comply with the
facility's industrial and sanitary wastewater discharge limits as
described in licenses issued by the NRC and the California Department
of Health. No direct surface runoff of processed sanitary or industrial
wastewater occurred in 2021. The impacts of the continued operation of
the NTR on surface water and groundwater are minimal. Hazardous
chemicals may be used in experiments at the NTR, but no releases of
potentially hazardous chemicals to the environment occur during normal
facility operation. Therefore, the NRC staff concludes that the
proposed action would have no significant non-radiological impacts.
Other Applicable Environmental Laws
In addition to the National Environmental Policy Act, which
requires Federal agencies to consider the environmental impacts of
proposed actions, the NRC has responsibilities that are derived from
other environmental laws, which include the Endangered Species Act
(ESA), Coastal Zone Management Act (CZMA), Fish and Wildlife
Coordination Act (FWCA), National Historic Preservation Act (NHPA), and
Executive Order 12898, ``Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations.'' The
following presents a brief discussion of impacts associated with
resources protected by these laws and related requirements.
Endangered Species Act
The ESA was enacted to prevent further decline of endangered and
threatened species and to restore those species and their critical
habitat. Section 7 of the ESA requires Federal agencies to consult with
the U.S. Fish and Wildlife Service (FWS) or National Marine Fisheries
Service regarding actions that may affect listed species or designated
critical habitats. The NRC staff conducted a search of federally listed
species and critical habitats that have the potential to occur in the
vicinity of the NTR using the FWS's Environmental Conservation Online
System Information for Planning and Conservation system.
The FWS-generated report from this system identifies nine federally
listed species that occur or potentially occur within the vicinity of
the VNC site: San Joaquin kit fox (Vulpes macrotis mutica), California
least tern (Sterna antillarum browni), Alameda whipsnake (Masticophis
lateralis euryxanthus), California red-legged frog (Rana draytonii),
California tiger salamander (Ambrystoma californiense), delta smelt
(Hypomesus transpacificus), bay checkerspot butterfly (Euphydryas
editha bayensis), San Bruno elfin butterfly (Callophrys mossii
bayensis), and vernal pool fairy shrimp (Branchinecta lynchi). No
critical habitats occur in the area.
The VNC site lacks suitable aquatic features for the California
red-legged frog, California tiger salamander, delta smelt, and vernal
pool fairy shrimp. While the remaining species may be present in the
broader area, the VNC site itself is small and developed and does not
provide suitable habitat. Additionally, operation of the NTR has no
direct nexus to the natural environment that could affect these
species. Accordingly, the NRC staff concludes that the proposed license
renewal of NTR would have no effect on federally listed species or
critical habitats. Federal agencies are not required to consult with
the FWS if they determine that an action will not affect listed species
or critical habitats. Thus, the ESA does not require consultation for
the proposed NTR license renewal, and the NRC staff considers its
obligations under ESA section 7 to be fulfilled for the proposed
action.
Coastal Zone Management Act
The CZMA, in part, encourages States to preserve, protect, develop,
and, where possible, restore coastal resources. Individual States are
responsible for developing a federally approved Coastal Management Plan
and implementing a coastal management program in accordance with such a
plan. Section 307(c)(3)(A) of the CZMA requires that applicants for
Federal permits whose proposed activities could reasonably affect
coastal zones certify to the licensing agency (here, the NRC) that the
proposed activity would be consistent with the state's coastal
management program. Alameda County is not within California's approved
coastal zone, and, therefore, a consistency determination is not
required for the proposed action.
Fish and Wildlife Coordination Act
The FWCA requires Federal agencies that license water resource
development projects to consult with the FWS (or National Marine
Fisheries Service, when applicable) and the State wildlife resource
agencies regarding the potential impacts of the project on fish and
wildlife resources.
The proposed action does not involve any water resource development
projects, including any of the modifications relating to impounding a
body of water, damming, diverting a stream or river, deepening a
channel, irrigation, or altering a body of water for navigation or
drainage. Therefore, no coordination with other agencies pursuant to
the FWCA is required for the proposed action.
[[Page 17279]]
National Historic Preservation Act
The NHPA requires Federal agencies to consider the effects of their
undertakings on historic properties. As stated in the NHPA, historic
properties are any prehistoric or historic district, site, building,
structure, or object included in, or eligible for inclusion in the
National Register of Historic Places. By electronic mail dated November
21, 2022, the State Historic Preservation Officer (SHPO) for the State
of California, indicated that the proposed renewal of the NTR license
does not require construction, ground disturbing activities, or changes
to the reactor facility design. The SHPO also indicated that no
historic properties existed in the area of potential effects (which
includes the VNC site); and, there were no objections to the proposed
license renewal. Based on this information, the NRC staff finds that
the proposed license renewal and the continued operation of the NTR
would have no adverse effect on historic properties.
Executive Order 12898--Environmental Justice
Executive Order 12898, ``Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations,'' dated
February 16, 1994 (59 FR 7629), directs Federal agencies to identify
and address the disproportionately high and adverse human health or
environmental effects of their actions on minority and low-income
populations, to the greatest extent practicable and permitted by law.
The environmental justice impact analysis evaluates the potential
for disproportionately high and adverse human health and environmental
effects on minority and low-income populations that could result from
the relicensing and the continued operation of the reactor. Such
effects may include human health, biological, cultural, economic, or
social impacts. Minority and low-income populations are subsets of the
general public residing around the reactor, and all are exposed to the
same health and environmental effects generated from activities at the
reactor.
Minority Populations in the Vicinity of the NTR--According to the
U.S. Census Bureau's 2010 Census data, approximately 56 percent of the
population (approximately 372,000 individuals) residing within a 10-mi
(16-km) radius of the NTR identified themselves as minorities. The
largest minority population were Asian or Pacific Islander
(approximately 121,000 individuals or 33 percent) followed by Hispanic
or Latino of any race (approximately 57,000 individuals or 16 percent).
According to the 2010 Census, 66 percent of the Alameda County
population identified themselves as minorities with persons of Asian or
Pacific Islander (31 percent), Hispanic or Latino of any race (23
percent), and Black or African American (14 percent) comprising the
largest minority populations. According to the 2020 Census, 71 percent
of the Alameda County population identified themselves as minorities
with persons of Asian or Pacific Islander (35 percent), Hispanic or
Latino of any race (22 percent), and Black or African American (11
percent) comprising the largest minority populations.
Low-income Populations in the Vicinity of the NTR--According to the
U.S. Census Bureau's 2017-2021 American Community Survey 5-Year
Estimates, approximately 19,300 persons and 3,340 families
(approximately 5 and 3 percent, respectively) residing within a 10-mile
(16-km) radius of the NTR were identified as living below the Federal
poverty threshold. The 2021 Federal poverty threshold was $27,949 for a
family of four. According to the U.S. Census Bureau's 2021 American
Community Survey Census 1-Year Estimates, the median household income
for the State of California was $84,907 while approximately 9 percent
of families and 12.3 percent the State population were found to be
living below the Federal poverty threshold. Alameda County had a higher
median household income average ($109,729) and a lower percentage of
families (6.1 percent) and persons (9.3 percent) living below the
poverty level.
Impact Analysis--Potential impacts to minority and low-income
populations would mostly consist of radiological effects. However,
radiation doses from continued operations associated with the proposed
license renewal are expected to continue at current levels, and would
be below regulatory limits. No significant visual or noise impacts are
expected to result from the proposed action. Based on this information
and the analysis of human health and environmental impacts in this EA,
the NRC staff finds that the proposed license renewal would not have
disproportionately high and adverse human health and environmental
effects on minority and low-income populations residing in the vicinity
of the NTR.
Environmental Impacts of the Alternatives to the Proposed Action
As an alternative to license renewal, the NRC considered denying
the proposed action (i.e., the ``no-action'' alternative). If the NRC
denied the request for license renewal, reactor operations would cease
and decommissioning would commence sooner than if the NRC issued a
renewed license. Therefore, the environmental effects of
decommissioning would occur sooner under the no-action alternative than
if a renewed license were issued. Decommissioning would be conducted in
accordance with an NRC-approved decommissioning plan, which would
require a separate environmental review under 10 CFR 51.21. Cessation
of reactor operations would reduce or eliminate radioactive effluents.
However, as previously discussed in this EA, radioactive effluents from
reactor operations constitute a small fraction of the applicable
regulatory limits. Therefore, the environmental impacts of license
renewal and the denial of the request for license renewal would be
similar. In addition, denying the request for license renewal would
eliminate the benefits of teaching, research, and services provided by
the NTR.
Alternative Use of Resources
The proposed license renewal does not involve the use of any
different resources or significant quantities of resources beyond those
associated with current facility operations and previously considered
in the issuance of Facility License No. R-33 for the reactor on
December 28, 1984, and the renewal of Facility License No. R-33 on
December 28, 1984, and April 20, 2001.
Agencies and Persons Consulted
In satisfaction of its obligations under the NHPA, the NRC
consulted with the California SHPO, as previously described. On
February 21, 2023, the NRC notified the California State official, Mr.
Anthony Chu, Chief, Division of Radiation Safety and Environmental
Management, California Department of Public Health of the proposed
action. By email dated March 8, 2023, Mr. Chu indicated that the State
of California Department of Public had no comments.
Finding of No Significant Impact
The NRC is considering renewal of Facility License No. R-33, held
by GE-Hitachi, which would authorize the continued operation of the NTR
for an additional 20 years from the date of issuance of the renewed
license.
On the basis of the EA included in Section II of this notice and
incorporated by reference in this finding, the NRC staff finds that the
proposed action will not have a significant impact on the quality of
the human environment, and will not
[[Page 17280]]
significantly affect the environment surrounding the NTR. This is
because the proposed action will result in no significant radiological
impacts from continued operations as the types or quantities of
effluents that may be released off site would not change. No changes in
land use would occur or increases in noise or air emissions. Continued
operations under the proposed action would have no significant impacts
on air quality, noise, visual resources, surface water or groundwater
resources, terrestrial or aquatic resources, or on any other
environmental resource conditions. Additionally, the proposed action
would have no effect on federally listed species or designated critical
habitats, would not affect historic properties, and would not result in
environmental justice impacts. Therefore, the NRC staff concludes that
the proposed action will not have a significant effect on the quality
of the human environment. Accordingly, the NRC staff has determined
that there is no need to prepare an environmental impact statement for
the proposed action.
The NRC staff considered information provided in the licensee's
application, as supplemented, and the review of related environmental
documents. Section III in this notice lists the environmental documents
related to the proposed action and includes information on the
availability of these documents.
This FONSI and other related environmental documents are accessible
online in the ADAMS Public Documents collection at https://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].
III. Availability of Documents
The documents in the following table are available to interested in
ADAMS, as indicated.
------------------------------------------------------------------------
Document description ADAMS accession No.
------------------------------------------------------------------------
License Renewal Request
------------------------------------------------------------------------
GE-Hitachi Nuclear Energy, application cover ML21053A071.
letter, ``Nuclear Test Reactor License Renewal
(R-33),'' (Redacted), dated November 19, 2020.
GE-Hitachi Nuclear Energy, ``General Electric ML20325A205.
Nuclear Test Reactor Safety Analysis Report,''
NEDO 32740P, Rev 3, chapters 1 through 8, dated
November 19, 2020.
GE-Hitachi Nuclear Energy, ``General Electric ML20325A206.
Nuclear Test Reactor Safety Analysis Report,''
NEDO 32740P, Rev 3, chapters 9 through 16,
dated November 19, 2020.
GE-Hitachi Nuclear Energy, ``Vallecitos Nuclear ML20325A195.
Center Environmental Report 2020,'' dated July
2020.
Supplemental Information Supporting GE Nuclear ML21265A246 (package).
Test Reactor License Renewal Audit Questions
and Responses, dated September 22, 2021.
GE-Hitachi Nuclear Energy Americas, LLC, ML22112A237.
``Response to Request for Additional
Information for GE Nuclear Test Reactor License
Renewal Application,'' dated April 22, 2022.
GE-Hitachi Nuclear Energy, ``Response to Request ML22258A117 (package).
for Public Docketing of Information Relating to
GE Nuclear Test Reactor License Renewal,''
dated September 15, 2022.
GE-Hitachi Nuclear Energy Americas, LLC, ML23027A210.
``Supplemental Information Supporting GE
Nuclear Test Reactor License Renewal Audit,''
dated January 27, 2023.
GE-Hitachi Nuclear Energy, ``GEH Annual Nuclear 2020--ML21088A323.
Test Reactor (NTR) Operating Report for the 2019--ML20234A326.
Year''. 2018--ML19081A042.
2017--ML18108A251.
2016--ML17095A289.
------------------------------------------------------------------------
Other Referenced Document
------------------------------------------------------------------------
Email from the State of California, State ML22325A353.
Historic Preservation Officer, dated November
21, 2022.
Email from the State of California, Division of ML23067A408.
Radiation Safety and Environmental Management
California Department of Public Health, dated
March 8, 2023.
------------------------------------------------------------------------
Dated: March 17, 2023.
For the Nuclear Regulatory Commission.
Joshua M. Borromeo,
Chief, Non-Power Production and Utilization Facility Licensing Branch,
Division of Advanced Reactors and Non-Power Production and Utilization
Facilities, Office of Nuclear Reactor Regulation.
[FR Doc. 2023-05876 Filed 3-21-23; 8:45 am]
BILLING CODE 7590-01-P