81_FR_11640 81 FR 11597 - Department of the Air Force; Hill Air Force Base, Utah

81 FR 11597 - Department of the Air Force; Hill Air Force Base, Utah

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 81, Issue 43 (March 4, 2016)

Page Range11597-11600
FR Document2016-04863

The Nuclear Regulatory Commission (NRC) is considering an amendment to Master Materials License 42-23539-01AF, Docket No. 030- 28641, issued to the Department of the Air Force (the licensee). This amendment will allow the licensee to decommission a former magnesium- thorium alloy disposal trench at Hill Air Force Base, Utah, in accordance with instructions provided in an NRC-approved decommissioning plan. The NRC conducted an environmental impact assessment in support of this licensing action. Based on the results of this assessment, the NRC concluded that a Finding of No Significant Impact (FONSI) is appropriate.

Federal Register, Volume 81 Issue 43 (Friday, March 4, 2016)
[Federal Register Volume 81, Number 43 (Friday, March 4, 2016)]
[Notices]
[Pages 11597-11600]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-04863]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 030-28641; NRC-2015-0054]


Department of the Air Force; Hill Air Force Base, Utah

AGENCY: Nuclear Regulatory Commission.

ACTION: Environmental assessment and finding of no significant impact; 
issuance.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is considering an 
amendment to Master Materials License 42-23539-01AF, Docket No. 030-
28641, issued to the Department of the Air Force (the licensee). This 
amendment will allow the licensee to decommission a former magnesium-
thorium alloy disposal trench at Hill Air Force Base, Utah, in 
accordance with instructions provided in an NRC-approved 
decommissioning plan. The NRC conducted an environmental impact 
assessment in support of this licensing action. Based on the results of 
this assessment, the NRC concluded that a Finding of No Significant 
Impact (FONSI) is appropriate.

DATES: The license amendment will be issued on March 4, 2016.

ADDRESSES: Please refer to Docket ID NRC-2015-0054 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 Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0054. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; 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 ``ADAMS Public Documents'' and 
then 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 in this document 
(if that document is available in ADAMS) is provided the first time 
that a document is referenced.
     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: Jack E. Whitten, Region IV, U.S. 
Nuclear Regulatory Commission, 1600 E. Lamar Blvd., Arlington, TX 
76011; telephone: 817-200-1197, email: [email protected].

SUPPLEMENTARY INFORMATION: 

[[Page 11598]]

I. Introduction

    The NRC is considering the issuance of an amendment to Materials 
License 42-23539-01AF, issued to the Department of the Air Force 
(licensee), to approve a proposed Decommissioning Plan (DP) for 
remediation of a magnesium-thorium alloy burial pit located at Hill Air 
Force Base, Utah. As required by part 51 of title 10 of the Code of 
Federal Regulations (10 CFR), the NRC performed an environmental 
assessment of the proposed activity. Based on the results of the 
environmental assessment that follows, the NRC has determined not to 
prepare an environmental impact statement for the license amendment, 
and is issuing a Finding of No Significant Impact (FONSI).
    A detailed Environmental Assessment (EA) for this project was 
prepared by the NRC and can be found in ADAMS under Accession No. 
ML16013A246. A summary of the environmental assessment is provided 
below. In addition, the NRC staff analyzed the radiological and 
industrial safety impacts to workers and the public. The resulting 
Safety Evaluation Report can be found in ADAMS under Accession No. 
ML16013A248.

Background Information

    The U.S. Atomic Energy Commission (AEC) issued Source Material 
License C-3650 (Docket No. 040-00204) to the Marquardt Aircraft Company 
of Van Nuys, California, in January 1957 for possession of magnesium-
thorium alloy. In June 1961, Marquardt requested AEC approval to burn 
machine chips and small pieces of magnesium-thorium scrap material in 
trenches at the Little Mountain Test Annex (LMTA) at Hill Air Force 
Base, Utah. Docket file records (ADAMS Accession No. ML16021A132) 
indicate that 500 pounds (226.8 kilograms) of scrap alloy was buried in 
June 1959, 1,500 pounds (680.4 kilograms) of alloy was buried in 
February 1960, and 3,600 pounds (1,633 kilograms) of alloy was 
incinerated within the burial pit in August 1961. No other records of 
disposals were provided in the AEC's docket file.
    In September 1961, License C-3650 expired, and License STB-434 was 
issued to the licensee. The AEC subsequently terminated License STB-434 
in April 1971. During the time frame that the two licenses were active, 
regulation 10 CFR 20.304 allowed licensees to dispose of certain 
radioactive wastes by burial. The AEC allowed License STB-434 to be 
terminated in 1971 without consideration of the magnesium-thorium alloy 
that had been incinerated and buried at LMTA. Effective January 28, 
1981, approximately 10 years after termination of the license, NRC 
regulations in 10 CFR part 20 were amended (45 FR 71761) to delete 
Section 20.304.
    In November 1993, an NRC inspector visited the LMTA to 
independently ascertain whether the magnesium-thorium alloy burial 
trench was still present at the facility (ADAMS Accession No. 
ML16021A132). The inspector identified two apparent disposal pits, 
based on changes in topography and changes in background radiation 
exposure rates. In response, the licensee and its contractors conducted 
five separate investigations from 1993-2013 to determine the extent of 
surface and subsurface radiological contamination at the site. The 
investigations confirmed that the surface and subsurface soils were 
contaminated with thorium-232. The licensee estimated that the volume 
of soil to be remediated was approximately 2,420 cubic yards (1,850 
cubic meters), including swelling and over-excavation factors.
    The licensee submitted a draft decommissioning Plan (DP) to the NRC 
by Memorandum dated May 12, 2014 (ADAMS Accession No. ML14197A685). 
This submittal included a final status survey plan and derived 
concentration guideline level evaluation for Site WR-111, the 
licensee's designation for the burial trench. In response to 
preliminary comments from NRC staff, the licensee provided supplemental 
information by Memorandum dated September 12, 2014. [The September 12, 
2014, submittal contained non-publicly available information. The 
submittal was redacted by the Air Force and re-released as publicly 
available on December 18, 2014, ADAMS Accession No. ML15030A218]. This 
supplemental information included a licensee request for a waiver from 
the environmental impact assessment process.
    In support of this request for a waiver, the licensee submitted an 
environmental assessment (EA) and FONSI (ADAMS Accession No. 
ML15030A218) to the NRC dated March 2014 involving a proposed emergency 
power unit overhaul complex at the LMTA. This particular EA included 
the area encompassing the magnesium-thorium decommissioning project at 
LMTA, but this EA did not specifically address the proposed 
decommissioning project at Site WR-111 itself. Citing regulation 32 CFR 
part 989, appendix B, the licensee requested a categorical exclusion 
from further analysis of those actions that are similar to other 
actions which have been determined to have an insignificant impact in a 
similar setting as established in an environmental impact statement or 
an environmental assessment resulting in a FONSI. In other words, the 
licensee requested a categorical exclusion from the environmental 
assessment process for Site WR-111 based on the completion of a similar 
EA and FONSI for the LMTA in March 2014.
    The NRC staff acknowledges the licensee's request for a categorical 
exclusion; however, NUREG-1748, Environmental Review Guidance for 
Licensing Actions Associated with NMSS Programs (ADAMS Accession No. 
ML032450279), Section 1.6.1, states that another agency's EA can be 
adopted by the NRC, but the NRC is responsible for preparing its own EA 
in accordance with the requirements of 10 CFR 51.32-35. The NRC must 
prepare a site-specific EA and FONSI (as appropriate) to ensure that 
the site-specific aspects have been addressed.

Facility Description

    The LMTA is a 740-acre (300-hectare) facility managed by Hill Air 
Force Base. The property is located approximately 15 miles northwest of 
Hill Air Force Base in a remote section of Weber County, Utah. The 
disposal trench (Site WR-111) is located in the southeastern corner of 
LMTA. The area of the trench is estimated to be 170 feet (52 meters) by 
170 feet (52 meters). There are no buildings or structures within or 
immediately adjacent to the WR-111 site.
    The current land use is military and industrial, with extensive 
rangeland present around the property. Industrial properties are 
located approximately 1 mile (1.6 kilometers) to the northeast of the 
WR-111 site. The nearest residence is situated about 2 miles (3.2 
kilometers) east of the site. The land use is not expected to change in 
the near future, and the Federal Government plans to continue to 
control the LMTA property for research and development activities.
    The groundwater at the WR-111 site is reported to occur between 34-
57 feet (10.4-17.4 meters) below ground surface. Four monitoring wells 
were installed around the site in 2006, in part, to determine if the 
contents of the disposal trench have infiltrated into the groundwater. 
The licensee's contractor sampled the wells in November 2006. Based on 
these sample results, the licensee's contractor concluded that the 
buried thorium waste was not leaching into the local groundwater.

[[Page 11599]]

II. Environmental Assessment

Description of the Proposed Action

    The NRC's proposed action is to amend License 42-23539-01AF, 
approving the proposed DP, as supplemented. The licensee would then be 
authorized to conduct decommissioning as specified in the NRC-approved 
DP. Concurrently with the approval of the DP, the NRC plans to approve 
the licensee's proposed site-specific soil cleanup criteria and final 
status survey plan.
    The decommissioning work includes excavating the trench with heavy 
equipment, packaging and transporting the excavated material to an 
offsite location for permanent disposal, conducting radiological 
surveys to confirm that the site has been completely remediated, and 
backfilling the trench with clean material. After completion of 
decommissioning, the NRC is expected to review the licensee's proposed 
final status survey results and conduct an independent radiological 
survey to confirm the licensee's final status survey results.

Need for the Proposed Action

    The purpose of the proposed action is to reduce the residual 
radioactivity at Site WR-111 to levels that allow release of the 
property for unrestricted use. If the licensee conducts site 
remediation in accordance with instructions provided in the DP, the 
licensee will be in compliance with the radiological criteria for 
license termination, as specified in regulation 10 CFR part 20, subpart 
E. Approval of the DP would allow the NRC to fulfill its 
responsibilities under the Atomic Energy Act to ensure protection of 
the public health and safety and environment.

Environmental Impacts of the Proposed Action

    In its EA and FONSI dated March 14, 2014, the Air Force summarized 
the potential impacts of the proposed construction of four buildings 
and demolition of two buildings at the LMTA to support the overhaul of 
emergency power units used in fighter aircraft. The Air Force 
identified and analyzed four environmental effects--air quality, solid 
and hazardous wastes, biological resources, and water quality. The NRC 
staff reviewed the licensee's environmental impact assessment with an 
emphasis on the potential impacts that may occur while conducting 
decommissioning work at Site WR-111.
    The first environmental impact is air quality. This impact was 
analyzed by the Air Force because the location of the project (Weber 
County, Utah) is not in complete attainment status with Federal clean 
air standards. For this reason, the Air Force attempts to control 
emissions originating from Hill Air Force Base. The potential air 
quality impacts resulting from decommissioning Site WR-111 would 
include fugitive dust from ground disturbance and emissions from 
construction/transportation equipment.
    At Site WR-111, the primary short-term health hazard to site 
workers is the potential for airborne radioactivity during excavation 
remediation. In response, the licensee's contractor committed to 
implement engineering controls to suppress dust and to conduct air 
sampling. If the air samplers indicate the presence of airborne 
radioactive dust, the work will be suspended until the cause of the 
radioactive dust is identified and corrected. The contractor also 
committed to cover soil piles as practical and use silt fencing as 
needed. Another potential impact on air quality involves emissions from 
equipment and vehicles that are used to excavate the trenches, ship the 
radioactive wastes for disposal, and transport workers to and from the 
jobsite. The NRC staff concluded that the overall air quality impact 
will be minimal due to the limited duration of the project.
    The second environmental impact is solid and hazardous wastes. The 
licensee plans to manage and dispose of the radioactive wastes in 
accordance with instructions provided in the DP and associated work 
plan. Non-radioactive hazardous wastes are not expected to be 
encountered during decommissioning. In addition, liquid hazardous 
wastes are not expected to be created. The contractor will sample the 
radioactive wastes for non-radiological hazardous waste constituents to 
ensure that the wastes are acceptable for shipment to the chosen 
disposal site.
    The third environmental impact involves biological resources. At 
the WR-111 site, the decommissioning work will result in temporary loss 
of habitat and displacement of animal species, specifically, mule deer 
and rodents. However, the footprint of the decommissioning project is 
small, 1 acre (0.4 hectares), and the contractor and licensee plan to 
restore the property after completion of work. Therefore, the short-
term decommissioning of Site WR-111 would have a minimal impact on 
biological resources.
    The fourth analyzed environmental impact involves water quality. 
There are no surface water sources in the vicinity of the proposed work 
area; therefore, the work should have no impact on surface waters. The 
work should not have an impact on groundwater because the groundwater 
table is below the depth of the excavation. There may be a potential 
impact from storm water during work activities, but the contractor has 
developed procedures to respond to potential rainwater runoff during 
work activities.
    The Air Force eliminated several issues from further study, such as 
cultural resources. Cultural resources include archaeological, 
architectural, and traditional cultural properties. In the Air Force's 
assessment, it explained that four previous cultural surveys were 
conducted in the area, and no cultural resources were identified. The 
NRC staff noted that the location of the disposal trench had already 
been disturbed; therefore, excavation of the radioactive material from 
the trench will not result in the disturbance of any new area not 
already disturbed.
    Other issues eliminated from further study by the Air Force 
included impacts on geology and surface soils, occupational safety and 
health, noise, accident potential, airfield encroachment, and socio-
economic resources. The NRC staff reviewed these potential impacts and 
concluded that none would be significantly affected by the 
decommissioning of Site WR-111. For example, occupational safety and 
health was eliminated from consideration because the contractor will 
use trained individuals and approved procedures to control the work.

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). 
The no-action alternative assumes that the status quo is maintained. 
With respect to the WR-111 site, the no-action alternative means that 
the licensee would not be allowed to conduct decommissioning work, and 
the disposal trench would continue to remain onsite at the LMTA.
    The no-action alternative is not acceptable because it violates the 
NRC's Timeliness Rule regulations that are specified in 10 CFR part 
30.36. The Timeliness Rule requires licensees to decommission their 
facilities in a timely manner when licensed activities have permanently 
ceased. In addition, the radioactive contamination at Site WR-111 
currently exceeds the radiological criteria for license termination as 
specified in subpart E to 10 CFR part 20. Approval of the no-action 
alternative would prevent the licensee from conducting decommissioning 
work as necessary to release the site for

[[Page 11600]]

unrestricted use under subpart E requirements.

Agencies and Persons Consulted

    In accordance with its stated policy, the NRC consulted with the 
Utah Department of Environmental Quality, Division of Waste Management 
and Radiation Control, regarding the environmental assessment and 
safety evaluation impacts of the proposed action (ADAMS Accession No. 
ML15338A187). On January 6, 2016, the State agency informed the NRC 
that it had no comments on the proposed action (ADAMS Accession No. 
ML16008B076).
    As part of its 2014 environmental assessment process for the 
overhaul complex, the Air Force consulted with local Tribes and the 
Utah Division of State History. The Air Force provided documentation of 
their responses as attachments to its EA. The Utah Division of State 
History and the Hopi Tribe concurred with the finding of no adverse 
impacts, and the Navajo Nation concluded that the proposed project 
would not have an impact on Navajo traditional cultural properties 
(ADAMS Accession Nos. ML15282A470 and ML15282A476). The NRC staff did 
not consult with these State and tribal entities, due to the results of 
the Air Force's consultations.
    The NRC staff determined that the proposed action will not affect 
listed species or critical habitats based on the results of previous 
consultations provided by the Air Force to the NRC. Therefore, no 
further consultations are required under Section 7 of the Endangered 
Species Act. Likewise, the NRC staff determined that the proposed 
action is not the type of activity that has the potential to cause 
effects on historic properties, in part, because there are no 
structures located at or adjacent to Site WR-111. Therefore, no further 
consultation is required under Section 106 of the National Historic 
Preservation Act.

III. Finding of No Significant Impact

    The NRC staff concluded that the proposed decommissioning project 
at Site WR-111 at Hill Air Force Base, Utah, will have a minimal impact 
on the environment. The NRC staff considered air quality, solid and 
hazardous wastes, biological resources, water quality, cultural 
resources, and worker safety. In addition, the staff determined that 
the affected environment and the environmental impacts associated with 
the decommissioning of Site WR-111 are bounded by the impacts evaluated 
by NUREG-1496, ``Generic Environmental Impact Statement in Support of 
Rulemaking on Radiological Criteria for License Termination of NRC-
Licensed Nuclear Facilities'' (ADAMS Accession No. ML042310492).
    Based on the analysis contained in this EA, the NRC staff concludes 
that the proposed action will not have a significant effect on the 
quality of the human environment and has determined not to prepare an 
environmental impact statement for the proposed action. Accordingly, 
the NRC has determined that a Finding of No Significant Impact (FONSI) 
is appropriate.

    Dated at Arlington, Texas, this 17th day of February 2016.

    For the Nuclear Regulatory Commission.
Jack E. Whitten,
Chief, Nuclear Materials Safety Branch B, Division of Nuclear Materials 
Safety, Region IV Office.
[FR Doc. 2016-04863 Filed 3-3-16; 8:45 am]
BILLING CODE 7590-01-P



                                                                                  Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Notices                                         11597

                                                  activities, and facilities for a two-decade             Rather, each NASA program would                       SUMMARY:   The Nuclear Regulatory
                                                  planning horizon. These operations,                     continue to be operated as an                         Commission (NRC) is considering an
                                                  activities, and facilities are described in             independent entity to a significant                   amendment to Master Materials License
                                                  the 2012 CMP, which has a planning                      degree, to be funded separately, and to               42–23539–01AF, Docket No. 030–28641,
                                                  horizon of 2012–2032. The CMP                           manage activities and buildings in                    issued to the Department of the Air
                                                  considers a range of future scenarios for               support of its own program. Under this                Force (the licensee). This amendment
                                                  repurposing existing facilities,                        scenario there would continue to be a                 will allow the licensee to decommission
                                                  recapitalizing infrastructure,                          non-NASA presence at KSC.                             a former magnesium-thorium alloy
                                                  reorganizing the management of KSC                                                                            disposal trench at Hill Air Force Base,
                                                  and its land resources, and various                     Public Meetings                                       Utah, in accordance with instructions
                                                  kinds of partnerships (some of which                      NASA and its Cooperating Agencies                   provided in an NRC-approved
                                                  are already in place).                                  plan to hold two public meetings in                   decommissioning plan. The NRC
                                                    In the coming years, KSC will remain                  Florida to solicit comments on the                    conducted an environmental impact
                                                  the world’s preeminent launch facility                  DPEIS.                                                assessment in support of this licensing
                                                  for Government and commercial space                       The public meetings are currently                   action. Based on the results of this
                                                  access. KSC will support NASA, and                      scheduled for:                                        assessment, the NRC concluded that a
                                                  ultimately our Nation’s competitiveness,                —Tuesday, March 29, 2016, 5:00 p.m. to                Finding of No Significant Impact
                                                  by investing in next-generation                           8:00 p.m. at the at the Eastern Florida             (FONSI) is appropriate.
                                                  technologies and encouraging                              State College Titusville Campus, John               DATES: The license amendment will be
                                                  innovation. KSC will foster                               Henry Jones Gymnasium;                              issued on March 4, 2016.
                                                  partnerships—intergovernmental,                         —Wednesday, March 30, 2016, 5:00                      ADDRESSES: Please refer to Docket ID
                                                  commercial, academic, and                                 p.m. to 8:00 p.m. at the New Smyrna                 NRC–2015–0054 when contacting the
                                                  international—to expand its ability to                    Beach High School Gymnasium, 1015                   NRC about the availability of
                                                  support both public and private space                     Tenth Street New Smyrna Beach.                      information regarding this document.
                                                  initiatives. These institutional efforts                  The meeting format will include an                  You may obtain publicly-available
                                                  and initiatives necessitate changes to                  open-house workshop from 5:00 p.m. to                 information related to this document
                                                  the infrastructure, facilities, and                     6:00 p.m. KSC staff and the                           using any of the following methods:
                                                  operations at KSC over the coming                       Environmental Impact Statement (EIS)                     • Federal Rulemaking Web site: Go to
                                                  decades which are identified in a new                   contractor will provide an overview of                http://www.regulations.gov and search
                                                  CMP Update that has been developed by                   the DPEIS findings from 6:00 p.m. to                  for Docket ID NRC–2015–0054. Address
                                                  the Center Planning and Development                     6:15 p.m., followed by a public                       questions about NRC dockets to Carol
                                                  Office.                                                 comment period from 6:15 p.m. to 8:00                 Gallagher; telephone: 301–415–3463;
                                                  Alternatives                                            p.m. The open-house workshop will                     email: Carol.Gallagher@nrc.gov. For
                                                                                                          consist of poster stations describing the             technical questions, contact the
                                                     The DPEIS evaluates the
                                                                                                          proposed project, the NEPA process,                   individual listed in the FOR FURTHER
                                                  environmental consequences of three
                                                                                                          and the DPEIS findings. NASA KSC and                  INFORMATION CONTACT section of this
                                                  alternative means of managing KSC for
                                                                                                          cooperating agencies’ staff will be                   document.
                                                  the coming two decades:                                                                                          • NRC’s Agencywide Documents
                                                     (1) Proposed Action—KSC would                        present during the open-house
                                                                                                          workshop portion to accept comments.                  Access and Management System
                                                  continue to transition to a multi-user
                                                                                                            NASA will consider all comments                     (ADAMS): You may obtain publicly
                                                  spaceport. A number of new facilities
                                                                                                          received during the comment period in                 available documents online in the
                                                  would be constructed, including two
                                                                                                          developing its Final EIS and comments                 ADAMS Public Documents collection at
                                                  seaports and horizontal and vertical
                                                                                                          received and responses to comments                    http://www.nrc.gov/reading-rm/
                                                  launch and landing facilities. There
                                                                                                          will be included in the final document.               adams.html. To begin the search, select
                                                  would be changes in the acreage of
                                                                                                          In conclusion, written public input on                ‘‘ADAMS Public Documents’’ and then
                                                  designated land-use categories at KSC.
                                                     (2) Alternative 1—This was added as                  environmental issues and concerns                     select ‘‘Begin Web-based ADAMS
                                                  a direct response to concerns expressed                 associated with NASA’s DPEIS                          Search.’’ For problems with ADAMS,
                                                  in comments received during the PEIS                    analyzing its CMP Update are hereby                   please contact the NRC’s Public
                                                  public scoping period in June 2014, as                  requested.                                            Document Room (PDR) reference staff at
                                                  well as other observations and data                                                                           1–800–397–4209, 301–415–4737, or by
                                                                                                          Cheryl E. Parker,
                                                  acquired from stakeholders and other                                                                          email to pdr.resource@nrc.gov. The
                                                                                                          Federal Register Liaison Officer.                     ADAMS accession number for each
                                                  agencies during the scoping process.                    [FR Doc. 2016–04454 Filed 3–3–16; 8:45 am]
                                                  Alternative 1 is similar to the Proposed                                                                      document referenced in this document
                                                  Action in many regards, but is
                                                                                                          BILLING CODE 7510–13–P                                (if that document is available in
                                                  differentiated in several key respects:                                                                       ADAMS) is provided the first time that
                                                  Primarily, differences in the siting and                                                                      a document is referenced.
                                                                                                          NUCLEAR REGULATORY                                       • NRC’s PDR: You may examine and
                                                  size of vertical and horizontal launch
                                                                                                          COMMISSION                                            purchase copies of public documents at
                                                  and landing facilities. Also, the two new
                                                                                                                                                                the NRC’s PDR, Room O1–F21, One
                                                  seaports would not be constructed. At                   [Docket No. 030–28641; NRC–2015–0054]
                                                                                                                                                                White Flint North, 11555 Rockville
                                                  this time, Alternative 1 is NASA’s
                                                                                                          Department of the Air Force; Hill Air                 Pike, Rockville, Maryland 20852.
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  preferred alternative.
                                                     (3) No Action Alternative—KSC                        Force Base, Utah                                      FOR FURTHER INFORMATION CONTACT: Jack
                                                  management would continue its                                                                                 E. Whitten, Region IV, U.S. Nuclear
                                                                                                          AGENCY:  Nuclear Regulatory                           Regulatory Commission, 1600 E. Lamar
                                                  emphasis on dedicated NASA programs                     Commission.
                                                  and would not maximize its transition                                                                         Blvd., Arlington, TX 76011; telephone:
                                                                                                          ACTION: Environmental assessment and                  817–200–1197, email: Jack.Whitten@
                                                  in the coming years towards a multi-
                                                                                                          finding of no significant impact;                     nrc.gov.
                                                  user spaceport with fully-integrated
                                                                                                          issuance.
                                                  NASA programs and non-NASA users.                                                                             SUPPLEMENTARY INFORMATION:



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                                                  11598                           Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Notices

                                                  I. Introduction                                         thorium alloy that had been incinerated               which have been determined to have an
                                                     The NRC is considering the issuance                  and buried at LMTA. Effective January                 insignificant impact in a similar setting
                                                  of an amendment to Materials License                    28, 1981, approximately 10 years after                as established in an environmental
                                                  42–23539–01AF, issued to the                            termination of the license, NRC                       impact statement or an environmental
                                                  Department of the Air Force (licensee),                 regulations in 10 CFR part 20 were                    assessment resulting in a FONSI. In
                                                  to approve a proposed                                   amended (45 FR 71761) to delete                       other words, the licensee requested a
                                                  Decommissioning Plan (DP) for                           Section 20.304.                                       categorical exclusion from the
                                                                                                             In November 1993, an NRC inspector                 environmental assessment process for
                                                  remediation of a magnesium-thorium
                                                                                                          visited the LMTA to independently                     Site WR–111 based on the completion of
                                                  alloy burial pit located at Hill Air Force
                                                                                                          ascertain whether the magnesium-                      a similar EA and FONSI for the LMTA
                                                  Base, Utah. As required by part 51 of
                                                                                                          thorium alloy burial trench was still                 in March 2014.
                                                  title 10 of the Code of Federal                         present at the facility (ADAMS
                                                  Regulations (10 CFR), the NRC                           Accession No. ML16021A132). The                          The NRC staff acknowledges the
                                                  performed an environmental assessment                   inspector identified two apparent                     licensee’s request for a categorical
                                                  of the proposed activity. Based on the                  disposal pits, based on changes in                    exclusion; however, NUREG–1748,
                                                  results of the environmental assessment                 topography and changes in background                  Environmental Review Guidance for
                                                  that follows, the NRC has determined                    radiation exposure rates. In response,                Licensing Actions Associated with
                                                  not to prepare an environmental impact                  the licensee and its contractors                      NMSS Programs (ADAMS Accession
                                                  statement for the license amendment,                    conducted five separate investigations                No. ML032450279), Section 1.6.1, states
                                                  and is issuing a Finding of No                          from 1993–2013 to determine the extent                that another agency’s EA can be adopted
                                                  Significant Impact (FONSI).                             of surface and subsurface radiological                by the NRC, but the NRC is responsible
                                                     A detailed Environmental Assessment                  contamination at the site. The                        for preparing its own EA in accordance
                                                  (EA) for this project was prepared by the               investigations confirmed that the                     with the requirements of 10 CFR 51.32–
                                                  NRC and can be found in ADAMS under                     surface and subsurface soils were                     35. The NRC must prepare a site-
                                                  Accession No. ML16013A246. A                            contaminated with thorium-232. The                    specific EA and FONSI (as appropriate)
                                                  summary of the environmental                            licensee estimated that the volume of                 to ensure that the site-specific aspects
                                                  assessment is provided below. In                        soil to be remediated was approximately               have been addressed.
                                                  addition, the NRC staff analyzed the                    2,420 cubic yards (1,850 cubic meters),
                                                  radiological and industrial safety                      including swelling and over-excavation                Facility Description
                                                  impacts to workers and the public. The                  factors.
                                                  resulting Safety Evaluation Report can                                                                           The LMTA is a 740-acre (300-hectare)
                                                                                                             The licensee submitted a draft
                                                  be found in ADAMS under Accession                       decommissioning Plan (DP) to the NRC                  facility managed by Hill Air Force Base.
                                                  No. ML16013A248.                                        by Memorandum dated May 12, 2014                      The property is located approximately
                                                                                                          (ADAMS Accession No. ML14197A685).                    15 miles northwest of Hill Air Force
                                                  Background Information                                                                                        Base in a remote section of Weber
                                                                                                          This submittal included a final status
                                                     The U.S. Atomic Energy Commission                    survey plan and derived concentration                 County, Utah. The disposal trench (Site
                                                  (AEC) issued Source Material License                    guideline level evaluation for Site WR–               WR–111) is located in the southeastern
                                                  C–3650 (Docket No. 040–00204) to the                    111, the licensee’s designation for the               corner of LMTA. The area of the trench
                                                  Marquardt Aircraft Company of Van                       burial trench. In response to preliminary             is estimated to be 170 feet (52 meters)
                                                  Nuys, California, in January 1957 for                   comments from NRC staff, the licensee                 by 170 feet (52 meters). There are no
                                                  possession of magnesium-thorium alloy.                  provided supplemental information by                  buildings or structures within or
                                                  In June 1961, Marquardt requested AEC                   Memorandum dated September 12,                        immediately adjacent to the WR–111
                                                  approval to burn machine chips and                      2014. [The September 12, 2014,                        site.
                                                  small pieces of magnesium-thorium                       submittal contained non-publicly                         The current land use is military and
                                                  scrap material in trenches at the Little                available information. The submittal                  industrial, with extensive rangeland
                                                  Mountain Test Annex (LMTA) at Hill                      was redacted by the Air Force and re-                 present around the property. Industrial
                                                  Air Force Base, Utah. Docket file records               released as publicly available on                     properties are located approximately 1
                                                  (ADAMS Accession No. ML16021A132)                       December 18, 2014, ADAMS Accession                    mile (1.6 kilometers) to the northeast of
                                                  indicate that 500 pounds (226.8                         No. ML15030A218]. This supplemental                   the WR–111 site. The nearest residence
                                                  kilograms) of scrap alloy was buried in                 information included a licensee request               is situated about 2 miles (3.2 kilometers)
                                                  June 1959, 1,500 pounds (680.4                          for a waiver from the environmental                   east of the site. The land use is not
                                                  kilograms) of alloy was buried in                       impact assessment process.                            expected to change in the near future,
                                                  February 1960, and 3,600 pounds (1,633                     In support of this request for a waiver,
                                                                                                                                                                and the Federal Government plans to
                                                  kilograms) of alloy was incinerated                     the licensee submitted an
                                                                                                                                                                continue to control the LMTA property
                                                  within the burial pit in August 1961. No                environmental assessment (EA) and
                                                                                                                                                                for research and development activities.
                                                  other records of disposals were                         FONSI (ADAMS Accession No.
                                                  provided in the AEC’s docket file.                      ML15030A218) to the NRC dated March                      The groundwater at the WR–111 site
                                                     In September 1961, License C–3650                    2014 involving a proposed emergency                   is reported to occur between 34–57 feet
                                                  expired, and License STB–434 was                        power unit overhaul complex at the                    (10.4–17.4 meters) below ground
                                                  issued to the licensee. The AEC                         LMTA. This particular EA included the                 surface. Four monitoring wells were
                                                  subsequently terminated License STB–                    area encompassing the magnesium-                      installed around the site in 2006, in
                                                  434 in April 1971. During the time                      thorium decommissioning project at                    part, to determine if the contents of the
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                                                  frame that the two licenses were active,                LMTA, but this EA did not specifically                disposal trench have infiltrated into the
                                                  regulation 10 CFR 20.304 allowed                        address the proposed decommissioning                  groundwater. The licensee’s contractor
                                                  licensees to dispose of certain                         project at Site WR–111 itself. Citing                 sampled the wells in November 2006.
                                                  radioactive wastes by burial. The AEC                   regulation 32 CFR part 989, appendix B,               Based on these sample results, the
                                                  allowed License STB–434 to be                           the licensee requested a categorical                  licensee’s contractor concluded that the
                                                  terminated in 1971 without                              exclusion from further analysis of those              buried thorium waste was not leaching
                                                  consideration of the magnesium-                         actions that are similar to other actions             into the local groundwater.


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                                                                                  Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Notices                                            11599

                                                  II. Environmental Assessment                            project (Weber County, Utah) is not in                impact on groundwater because the
                                                                                                          complete attainment status with Federal               groundwater table is below the depth of
                                                  Description of the Proposed Action
                                                                                                          clean air standards. For this reason, the             the excavation. There may be a potential
                                                    The NRC’s proposed action is to                       Air Force attempts to control emissions               impact from storm water during work
                                                  amend License 42–23539–01AF,                            originating from Hill Air Force Base.                 activities, but the contractor has
                                                  approving the proposed DP, as                           The potential air quality impacts                     developed procedures to respond to
                                                  supplemented. The licensee would then                   resulting from decommissioning Site                   potential rainwater runoff during work
                                                  be authorized to conduct                                WR–111 would include fugitive dust                    activities.
                                                  decommissioning as specified in the                     from ground disturbance and emissions                    The Air Force eliminated several
                                                  NRC-approved DP. Concurrently with                      from construction/transportation                      issues from further study, such as
                                                  the approval of the DP, the NRC plans                   equipment.                                            cultural resources. Cultural resources
                                                  to approve the licensee’s proposed site-                   At Site WR–111, the primary short-                 include archaeological, architectural,
                                                  specific soil cleanup criteria and final                term health hazard to site workers is the             and traditional cultural properties. In
                                                  status survey plan.                                     potential for airborne radioactivity                  the Air Force’s assessment, it explained
                                                    The decommissioning work includes                     during excavation remediation. In                     that four previous cultural surveys were
                                                  excavating the trench with heavy                        response, the licensee’s contractor                   conducted in the area, and no cultural
                                                  equipment, packaging and transporting                   committed to implement engineering                    resources were identified. The NRC staff
                                                  the excavated material to an offsite                    controls to suppress dust and to conduct              noted that the location of the disposal
                                                  location for permanent disposal,                        air sampling. If the air samplers indicate            trench had already been disturbed;
                                                  conducting radiological surveys to                      the presence of airborne radioactive                  therefore, excavation of the radioactive
                                                  confirm that the site has been                          dust, the work will be suspended until                material from the trench will not result
                                                  completely remediated, and backfilling                  the cause of the radioactive dust is                  in the disturbance of any new area not
                                                  the trench with clean material. After                   identified and corrected. The contractor              already disturbed.
                                                  completion of decommissioning, the                      also committed to cover soil piles as                    Other issues eliminated from further
                                                  NRC is expected to review the licensee’s                practical and use silt fencing as needed.             study by the Air Force included impacts
                                                  proposed final status survey results and                Another potential impact on air quality               on geology and surface soils,
                                                  conduct an independent radiological                     involves emissions from equipment and                 occupational safety and health, noise,
                                                  survey to confirm the licensee’s final                  vehicles that are used to excavate the                accident potential, airfield
                                                  status survey results.                                  trenches, ship the radioactive wastes for             encroachment, and socio-economic
                                                                                                          disposal, and transport workers to and                resources. The NRC staff reviewed these
                                                  Need for the Proposed Action                                                                                  potential impacts and concluded that
                                                                                                          from the jobsite. The NRC staff
                                                     The purpose of the proposed action is                concluded that the overall air quality                none would be significantly affected by
                                                  to reduce the residual radioactivity at                 impact will be minimal due to the                     the decommissioning of Site WR–111.
                                                  Site WR–111 to levels that allow release                limited duration of the project.                      For example, occupational safety and
                                                  of the property for unrestricted use. If                   The second environmental impact is                 health was eliminated from
                                                  the licensee conducts site remediation                  solid and hazardous wastes. The                       consideration because the contractor
                                                  in accordance with instructions                         licensee plans to manage and dispose of               will use trained individuals and
                                                  provided in the DP, the licensee will be                the radioactive wastes in accordance                  approved procedures to control the
                                                  in compliance with the radiological                     with instructions provided in the DP                  work.
                                                  criteria for license termination, as                    and associated work plan. Non-
                                                                                                                                                                Environmental Impacts of the
                                                  specified in regulation 10 CFR part 20,                 radioactive hazardous wastes are not
                                                                                                                                                                Alternatives to the Proposed Action
                                                  subpart E. Approval of the DP would                     expected to be encountered during
                                                  allow the NRC to fulfill its                            decommissioning. In addition, liquid                     As an alternative to the proposed
                                                  responsibilities under the Atomic                       hazardous wastes are not expected to be               action, the staff considered denial of the
                                                  Energy Act to ensure protection of the                  created. The contractor will sample the               proposed action (i.e., the ‘‘no-action’’
                                                  public health and safety and                            radioactive wastes for non-radiological               alternative). The no-action alternative
                                                  environment.                                            hazardous waste constituents to ensure                assumes that the status quo is
                                                                                                          that the wastes are acceptable for                    maintained. With respect to the WR–111
                                                  Environmental Impacts of the Proposed                   shipment to the chosen disposal site.                 site, the no-action alternative means that
                                                  Action                                                     The third environmental impact                     the licensee would not be allowed to
                                                    In its EA and FONSI dated March 14,                   involves biological resources. At the                 conduct decommissioning work, and
                                                  2014, the Air Force summarized the                      WR–111 site, the decommissioning                      the disposal trench would continue to
                                                  potential impacts of the proposed                       work will result in temporary loss of                 remain onsite at the LMTA.
                                                  construction of four buildings and                      habitat and displacement of animal                       The no-action alternative is not
                                                  demolition of two buildings at the                      species, specifically, mule deer and                  acceptable because it violates the NRC’s
                                                  LMTA to support the overhaul of                         rodents. However, the footprint of the                Timeliness Rule regulations that are
                                                  emergency power units used in fighter                   decommissioning project is small, 1 acre              specified in 10 CFR part 30.36. The
                                                  aircraft. The Air Force identified and                  (0.4 hectares), and the contractor and                Timeliness Rule requires licensees to
                                                  analyzed four environmental effects—                    licensee plan to restore the property                 decommission their facilities in a timely
                                                  air quality, solid and hazardous wastes,                after completion of work. Therefore, the              manner when licensed activities have
                                                  biological resources, and water quality.                short-term decommissioning of Site                    permanently ceased. In addition, the
                                                                                                                                                                radioactive contamination at Site WR–
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                                                  The NRC staff reviewed the licensee’s                   WR–111 would have a minimal impact
                                                  environmental impact assessment with                    on biological resources.                              111 currently exceeds the radiological
                                                  an emphasis on the potential impacts                       The fourth analyzed environmental                  criteria for license termination as
                                                  that may occur while conducting                         impact involves water quality. There are              specified in subpart E to 10 CFR part 20.
                                                  decommissioning work at Site WR–111.                    no surface water sources in the vicinity              Approval of the no-action alternative
                                                    The first environmental impact is air                 of the proposed work area; therefore, the             would prevent the licensee from
                                                  quality. This impact was analyzed by                    work should have no impact on surface                 conducting decommissioning work as
                                                  the Air Force because the location of the               waters. The work should not have an                   necessary to release the site for


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                                                  11600                           Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Notices

                                                  unrestricted use under subpart E                        Support of Rulemaking on Radiological                 adams.html. To begin the search, select
                                                  requirements.                                           Criteria for License Termination of NRC-              ‘‘ADAMS Public Documents’’ and then
                                                                                                          Licensed Nuclear Facilities’’ (ADAMS                  select ‘‘Begin Web-based ADAMS
                                                  Agencies and Persons Consulted
                                                                                                          Accession No. ML042310492).                           Search.’’ For problems with ADAMS,
                                                     In accordance with its stated policy,                  Based on the analysis contained in                  please contact the NRC’s Public
                                                  the NRC consulted with the Utah                         this EA, the NRC staff concludes that                 Document Room (PDR) reference staff at
                                                  Department of Environmental Quality,                    the proposed action will not have a                   1–800–397–4209, 301–415–4737, or by
                                                  Division of Waste Management and                        significant effect on the quality of the              email to pdr.resource@nrc.gov. For the
                                                  Radiation Control, regarding the                        human environment and has                             convenience of the reader, the ADAMS
                                                  environmental assessment and safety                     determined not to prepare an                          accession numbers are provided in a
                                                  evaluation impacts of the proposed                      environmental impact statement for the                table in the ‘‘Availability of Documents’’
                                                  action (ADAMS Accession No.                             proposed action. Accordingly, the NRC                 section of this document.
                                                  ML15338A187). On January 6, 2016, the                   has determined that a Finding of No                      • NRC’s PDR: You may examine and
                                                  State agency informed the NRC that it                   Significant Impact (FONSI) is                         purchase copies of public documents at
                                                  had no comments on the proposed                         appropriate.                                          the NRC’s PDR, Room O1–F21, One
                                                  action (ADAMS Accession No.                                                                                   White Flint North, 11555 Rockville
                                                                                                            Dated at Arlington, Texas, this 17th day of
                                                  ML16008B076).                                                                                                 Pike, Rockville, Maryland 20852.
                                                                                                          February 2016.
                                                     As part of its 2014 environmental
                                                                                                            For the Nuclear Regulatory Commission.              FOR FURTHER INFORMATION CONTACT:
                                                  assessment process for the overhaul
                                                  complex, the Air Force consulted with                   Jack E. Whitten,                                      Steven Lynch, Office of Nuclear Reactor
                                                  local Tribes and the Utah Division of                   Chief, Nuclear Materials Safety Branch B,             Regulation, U.S. Nuclear Regulatory
                                                  State History. The Air Force provided                   Division of Nuclear Materials Safety, Region          Commission, Washington, DC 20555–
                                                  documentation of their responses as                     IV Office.                                            0001; telephone: 301–415–1524, email:
                                                  attachments to its EA. The Utah                         [FR Doc. 2016–04863 Filed 3–3–16; 8:45 am]            Steven.Lynch@nrc.gov.
                                                  Division of State History and the Hopi                  BILLING CODE 7590–01–P                                SUPPLEMENTARY INFORMATION:
                                                  Tribe concurred with the finding of no                                                                        I. Introduction
                                                  adverse impacts, and the Navajo Nation
                                                  concluded that the proposed project                     NUCLEAR REGULATORY                                       Under section 2.106 of title 10 of the
                                                  would not have an impact on Navajo                      COMMISSION                                            Code of Federal Regulations (10 CFR),
                                                  traditional cultural properties (ADAMS                                                                        the NRC is providing notice of the
                                                                                                          [Docket No. 50–608; NRC–2013–0053]
                                                  Accession Nos. ML15282A470 and                                                                                issuance of Construction Permit,
                                                  ML15282A476). The NRC staff did not                     SHINE Medical Technologies, Inc.;                     CPMIF–001 to SHINE and, issuance of
                                                  consult with these State and tribal                     SHINE Medical Isotope Facility                        the Record of Decision (ROD) under 10
                                                  entities, due to the results of the Air                                                                       CFR 51.102(c). The construction permit,
                                                  Force’s consultations.                                  AGENCY:  Nuclear Regulatory                           which is immediately effective,
                                                     The NRC staff determined that the                    Commission.                                           authorizes SHINE to construct a facility
                                                  proposed action will not affect listed                  ACTION: Construction permit and record                that will house eight utilization
                                                  species or critical habitats based on the               of decision; issuance.                                facilities and one production facility
                                                  results of previous consultations                                                                             designed for the production of medical
                                                                                                          SUMMARY:   The U.S. Nuclear Regulatory                radioisotopes, as described in SHINE’s
                                                  provided by the Air Force to the NRC.
                                                                                                          Commission (NRC) is providing notice                  application for construction permit, in
                                                  Therefore, no further consultations are
                                                                                                          of the issuance of Construction Permit                Janesville, Wisconsin. With respect to
                                                  required under Section 7 of the
                                                                                                          CPMIF–001 to SHINE Medical                            the application for the construction
                                                  Endangered Species Act. Likewise, the
                                                                                                          Technologies, Inc. (SHINE) and record                 permit filed by SHINE, the NRC finds
                                                  NRC staff determined that the proposed
                                                                                                          of decision, located in Janesville,                   that the applicable standards and
                                                  action is not the type of activity that has
                                                                                                          Wisconsin.                                            requirements of the Atomic Energy Act
                                                  the potential to cause effects on historic
                                                  properties, in part, because there are no               ADDRESSES:   Please refer to Docket ID                of 1954, as amended (the Act), and the
                                                  structures located at or adjacent to Site               NRC–2013–0053 when contacting the                     Commission’s regulations have been
                                                  WR–111. Therefore, no further                           NRC about the availability of                         met. The NRC finds that any required
                                                  consultation is required under Section                  information regarding this document.                  notifications to other agencies or bodies
                                                  106 of the National Historic                            You may obtain publicly-available                     have been duly made and that, among
                                                  Preservation Act.                                       information related to this document                  other things, there is reasonable
                                                                                                          using any of the following methods:                   assurance that the activities authorized
                                                  III. Finding of No Significant Impact                     • Federal Rulemaking Web site: Go to                by the permit will be conducted in
                                                     The NRC staff concluded that the                     http://www.regulations.gov and search                 compliance with the rules and
                                                  proposed decommissioning project at                     for Docket ID NRC–2013–0053. Address                  regulations of the Commission, that
                                                  Site WR–111 at Hill Air Force Base,                     questions about NRC dockets to Carol                  safety questions will be satisfactorily
                                                  Utah, will have a minimal impact on the                 Gallagher; telephone: 301–415–3463;                   resolved by the completion of
                                                  environment. The NRC staff considered                   email: Carol.Gallagher@nrc.gov. For                   construction, and that, taking into
                                                  air quality, solid and hazardous wastes,                technical questions, contact the                      consideration siting criteria, the
                                                  biological resources, water quality,                    individual listed in the FOR FURTHER                  proposed facility can be constructed and
                                                  cultural resources, and worker safety. In               INFORMATION CONTACT section of this                   operated at the proposed location
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                                                  addition, the staff determined that the                 document.                                             without under risk to public health and
                                                  affected environment and the                              • NRC’s Agencywide Documents                        safety, subject to the conditions listed in
                                                  environmental impacts associated with                   Access and Management System                          the construction permit. Furthermore,
                                                  the decommissioning of Site WR–111                      (ADAMS): You may obtain publicly-                     the NRC finds that the licensee is
                                                  are bounded by the impacts evaluated                    available documents online in the                     technically and financially qualified to
                                                  by NUREG–1496, ‘‘Generic                                ADAMS Public Documents collection at                  engage in the activities authorized, and
                                                  Environmental Impact Statement in                       http://www.nrc.gov/reading-rm/                        that issuance of the license will not be


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Document Created: 2018-02-02 15:05:44
Document Modified: 2018-02-02 15:05:44
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionEnvironmental assessment and finding of no significant impact; issuance.
DatesThe license amendment will be issued on March 4, 2016.
ContactJack E. Whitten, Region IV, U.S. Nuclear Regulatory Commission, 1600 E. Lamar Blvd., Arlington, TX 76011; telephone: 817-200-1197, email: [email protected]
FR Citation81 FR 11597 

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