83 FR 44068 - Target Fabrication Portion of the Northwest Medical Isotopes Radioisotope Production Facility
NUCLEAR REGULATORY COMMISSION Federal Register Volume 83, Issue 168 (August 29, 2018)
Federal Register Volume 83, Issue 168 (August 29, 2018)
| Page Range | 44068-44070 | |
| FR Document | 2018-18757 |
[Federal Register Volume 83, Number 168 (Wednesday, August 29, 2018)] [Notices] [Pages 44068-44070] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-18757] [[Page 44068]] ======================================================================= ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [Docket No. 50-0609; NRC-2018-0184] Target Fabrication Portion of the Northwest Medical Isotopes Radioisotope Production Facility AGENCY: Nuclear Regulatory Commission. ACTION: Environmental assessment and finding of no significant impact; issuance. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering issuing an exemption to Northwest Medical Isotopes, LLC (NWMI) from its regulations, to waive the requirement that NWMI submit an application to the NRC for a license to possess and use special nuclear material for processing and fuel fabrication, scrap recovery or conversion of uranium hexafluoride, or for the conduct of any other activity which the NRC has determined will significantly affect the quality of the environment, at least 9 months prior to commencement of construction of the plant or facility in which the activity will be conducted. The NRC has prepared an environmental assessment (EA) and finding of no significant impact (FONSI) for this exemption request. DATES: The EA and FONSI referenced in this document are available on the 24th day of August, 2018. ADDRESSES: Please refer to Docket ID NRC-2018-0184 when contacting the NRC about the availability of information regarding this document. You may access publicly-available information related to this document using any of the following methods:Federal Rulemaking Website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0184. Address questions about NRC dockets to Jennifer Borges; telephone: 301-287- 9127; email: Jennifer.Borges@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly-available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to pdr.resource@nrc.gov. The ADAMS accession number for each document referenced (if it is available in ADAMS) is provided the first time that it is mentioned in this document. NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. FOR FURTHER INFORMATION CONTACT: David Tiktinsky, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-8740, email: David.Tiktinsky@nrc.gov. SUPPLEMENTARY INFORMATION: I. Background The NRC is considering issuing an exemption to NWMI from section 70.21(f) in title 10 of the Code of Federal Regulations (10 CFR), which requires the submission of an application to the NRC under 10 CFR part 70, ``Domestic Licensing of Special Nuclear Material,'' for a license to possess and use special nuclear material for processing and fuel fabrication, scrap recovery or conversion of uranium hexafluoride, or for the conduct of any other activity which the NRC has determined pursuant to subpart A of 10 CFR part 51 will significantly affect the quality of the environment, at least 9 months prior to commencement of construction of the plant or facility in which the activity will be conducted. The exemption would allow NWMI to commence construction of the entire NWMI medical radioisotope production facility (RPF) based upon the environmental review conducted for the 10 CFR part 50 construction permit issued to NWMI on May 9, 2018. The exemption was requested by NWMI in a letter dated December 18, 2017 (ADAMS Accession No. ML17362A040), as supplemented on March 12, 2018 (ADAMS Accession No. ML18088A175). The NWMI 10 CFR part 50 construction permit application, which included an environmental report, discussed processes that would fall under 10 CFR 70.21(f). The NRC staff environmental review of the 10 CFR part 50 construction permit application discussed, as a connected action, the environmental impacts of this process, consistent with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.) and the NRC's environmental protection regulations that implement NEPA in 10 CFR part 51. The NRC staff documented the evaluation and conclusions of its environmental review of the NWMI 10 CFR part 50 construction permit application in an environmental impact statement (EIS), NUREG-2209, ``Environmental Impact Statement for the Construction Permit for the Northwest Medical Isotopes Radioisotope Production Facility,'' issued in May 2017 (ADAMS Accession No. ML17130A862). As required by 10 CFR 51.21, the NRC staff prepared an EA that analyzes the environmental impacts of the proposed exemption in accordance with NEPA. Based on the EA that follows, the NRC has determined not to prepare an EIS for the proposed exemption, and is issuing a FONSI. II. Environmental Assessment Identification of the Proposed Action The proposed action is the issuance of an exemption in response to a request dated December 18, 2017 (ADAMS Accession No. ML17362A040), as supplemented by a letter dated March 12, 2018 (ADAMS Accession No. ML18088A175), from NWMI. The purpose of the proposed action is to exempt NWMI from the requirement that NWMI submit an application to the NRC for a license under 10 CFR part 70 at least 9 months prior to commencement of construction of the plant or facility in which the 10 CFR part 70 activities will be conducted. The activities that will be subject to the 10 CFR part 70 license application are described in the construction permit application that NWMI previously submitted to the NRC under 10 CFR part 50 for an RPF to be constructed in Columbia, Missouri. (NWMI Preliminary Safety Analyses Report, Chapter 19, ``Environmental Report.'' Corvallis, OR, revision OA dated June 2015, (ADAMS Accession Nos. ML15210A123, ML15210A128, ML15210A129, and ML15210A131)). The NWMI exemption request asks the NRC to exempt NWMI from the timing requirement in order to allow NWMI to begin construction of the 10 CFR part 70 components of the RPF upon the issuance of the 10 CFR part 50 construction permit. Need for the Proposed Action NWMI received a construction permit under 10 CFR part 50 to construct the RPF, which would fabricate low-enriched uranium (LEU) targets and ship them to a network of U.S. research reactors for irradiation, receive irradiated LEU targets, disassemble and dissolve irradiated LEU targets, and recover and purify Molybdenum-99 (Mo-99). These processes would take place in a single RPF building divided into two separate areas where processes [[Page 44069]] subject to different regulatory regimes would take place. The processes involved in receipt of irradiated LEU targets, LEU target disassembly and dissolution, and Mo-99 recovery and purification are subject to the licensing requirements of 10 CFR part 50. The processes involved in target fabrication that NWMI plans to perform in a separate area of the RPF and would be subject to the separate licensing requirements of 10 CFR part 70. NWMI submitted a 10 CFR part 50 construction permit application seeking authorization to construct the portion of the RPF where the processes subject to the 10 CFR part 50 regulations would occur. NWMI submitted an environmental report with its construction permit application, providing environmental information about all of the processes that would occur in both portions of the RPF. In accordance with Section 102(2)(C) of NEPA and the NRC's regulations in 10 CFR part 51, the NRC staff prepared an EIS (NUREG-2209) assessing the potential impacts of the construction, operation, and decommissioning of the proposed RPF on the quality of the human environment and reasonable alternatives. The construction and operation impacts from the portion of the RPF in which 10 CFR part 70 target fabrication activities would occur were evaluated as a connected action to the 10 CFR part 50 construction permit. Because the NRC has evaluated the environmental impacts from the 10 CFR part 70 target fabrication activities in the RPF, as part of its EIS supporting NWMI's 10 CFR part 50 construction permit application, NWMI is requesting an exemption from the requirement that the application for these 10 CFR part 70 activities must be submitted at least 9 months prior to commencement of construction of the 10 CFR part 70 components of the RPF. The exemption would allow NWMI to initiate construction of the 10 CFR part 70 components of the RPF upon the issuance of the 10 CFR part 50 construction permit for the RPF even if the 10 CFR 70.21(f) timing requirement has not been met. Environmental Impacts of the Proposed Action The environmental impacts associated with the construction of the target fabrication portion of the RPF were evaluated and discussed in the EIS issued for the construction permit application for the 10 CFR part 50 portion of the RPF (see NUREG-2209, Section 6-4). The EIS concluded that ``[a]fter weighing the environmental, economic, technical, and other benefits against environmental and other costs, and considering reasonable alternatives, the NRC staff's recommendation, unless safety issues mandate otherwise, is the issuance of the construction permit under 10 CFR part 50 to NWMI.'' The purpose of the timing requirement in 10 CFR 70.21(f) is to allow the NRC sufficient time to conduct its environmental review of certain 10 CFR part 70 activities before commencement of construction of the facility in which they will occur. As explained above, the NRC considered the environmental impacts of the processes that will take place in 10 CFR part 70 portion of the RPF, where target fabrication processes will occur, as part of its review of the 10 CFR part 50 construction permit application. Because the exemption request concerns only the timing of when construction of the 10 CFR part 70 portion of the RPF begins, the proposed exemption would not: (a) Affect the probabilities of evaluated accidents; (b) impact margins of safety; (c) reduce the effectiveness of programs contained in licensing documents; (d) increase effluents; (e) increase occupational radiological exposures; or (f) impact operations or decommissioning activities of the RPF. The staff's safety review performed for issuance of the 10 CFR part 50 construction permit is documented in the staff's Safety Evaluation Report dated November 2017 (ADAMS Accession No. ML17310A368). The requested exemption does not impact the scope of the proposed action or the connected actions at the RPF that were evaluated in the EIS. Accordingly, it does not involve any additional impacts or represent a significant change to those impacts described and analyzed in the environmental information submitted as part of the 10 CFR part 50 construction permit application. Based on the foregoing, the NRC staff has concluded that the proposed action would have no significant environmental impact. Environmental Impacts of the Alternatives to the Proposed Action A possible alternative to the proposed action would be to deny the exemption request (i.e., the ``no-action'' alternative). If the NRC denies the exemption request, then NWMI may need to defer the initiation of construction of the 10 CFR part 70 components of the RPF to meet the timing requirements in 10 CFR 70.21(f). Since the exemption request relates to the timing of the initiation of construction and not to the scope of construction, then the impacts of this alternative would not be significantly different than if the NRC approved the exemption request. Alternative Use of Resources Since NWMI has no plans to perform any new activities that were not considered in previous environmental reviews, the change in timing to initiate construction does not involve the use of resources not previously considered. Agencies and Persons Consulted In a letter dated May 17, 2018 (ADAMS Accession No. ML18113A504), the NRC staff consulted with officials from the Missouri Department of Natural Resources regarding the environmental impact of the proposed action. The State responded on July 13, 2018, and stated that it had no comments (ADAMS Accession No. ML18197A199). The NRC staff also reviewed the proposed action in accordance with the Section 106 process of the National Historic Preservation Act of 1966, as amended (NHPA) (54 U.S.C. 300101 et seq.), which requires federal agencies to consider the effects of their undertakings on historic properties. The NRC has determined that the proposed action, which would only affect the timing of commencement of construction of a portion of the facility, is not the type of action that has the potential to cause any additional impacts or a significant change from the impacts related to historic properties discussed and analyzed in NUREG-2209, the NRC's EIS for the 10 CFR part 50 construction permit for the RPF. Therefore, in accordance with 36 CFR 800.3(a)(1), no consultation is required under Section 106 of the NHPA. Under Section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), prior to taking a proposed action, a federal agency must determine whether: (i) Endangered and threatened species or their critical habitats are known to be in the vicinity of the proposed action and, if so, whether (ii) the proposed federal action may affect listed species or critical habitats. The NRC has determined that the proposed action will not have any additional impacts or a significant change from the impacts related to threatened or endangered species or critical habitats analyzed in the NRC's EIS for the 10 CFR part 50 construction permit for the RFP in NUREG-2209. III. Finding of No Significant Impact NWMI requested an exemption from 10 CFR 70.21(f) that would allow it to initiate construction of the 10 CFR part 70 components of the RPF upon the issuance of the 10 CFR part 50 [[Page 44070]] construction permit for the RPF even if the 10 CFR 70.21(f) timing requirement has not been met. The NRC is considering issuing the requested exemption. The proposed action would not significantly: (a) Affect probabilities of evaluated accidents; (b) affect margins of safety; (c) affect the effectiveness of programs contained in licensing documents; (d) increase effluents; (e) increase occupational radiological exposures; or (f) affect operations or decommissioning activities of the RPF. The reason the environment would not be significantly affected is because the requested exemption affects only the timing of construction and does not affect the previous evaluation regarding the environmental impacts of constructing and operating the NWMI RPF, as described in the Environmental Impact Statement for Construction Permit for the Northwest Medical Isotopes Radioisotope Production Facility, Final Report (NUREG-2209). The impacts of connected 10 CFR part 70 actions at the RPF were evaluated in NUREG- 2209. On the basis of the EA included in Section II of this document, and incorporated herein by reference, the NRC has determined not to prepare an EIS for the proposed action. The related environmental documents are: (a) NWMI Exemption request dated December 17, 2017, as supplemented on March 12, 2018 (ADAMS Accession Nos. ML17362A040 and ML18088A175); (b) NWMI Preliminary Safety Analyses Report, Chapter 19, ``Environmental Report,'' Corvallis, OR, revision OA dated June 2015, (ADAMS Accession Nos. ML15210A123, ML15210A128, ML15210A129, and ML15210A131; and (c) NUREG-2209, ``Environmental Impact Statement for the Construction Permit for the Northwest Medical Isotopes Radioisotope Production Facility,'' issued in May 2018 (ADAMS Accession No. ML17130A862). This FONSI and other related environmental documents may be examined, and/or copied for a fee, at the NRC's PDR, located at One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. Publicly-available records are also accessible online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS should contact the NRC's PDR reference staff by telephone at 1-800-397-4209 or 301-415- 4737, or by email to pdr.resource@nrc.gov. Dated at Rockville, Maryland this 24th day of August, 2018. For the Nuclear Regulatory Commission. Brian W. Smith, Deputy Director, Division of Fuel Cycle Safety, Safeguards, and Environmental Review, Office of Nuclear Material Safety and Safeguards. [FR Doc. 2018-18757 Filed 8-28-18; 8:45 am] BILLING CODE 7590-01-P
![44068 Federal Register / Vol. 83, No. 168 / Wednesday, August 29, 2018 / Notices
NUCLEAR REGULATORY for each document referenced (if it is application in an environmental impact
COMMISSION available in ADAMS) is provided the statement (EIS), NUREG–2209,
first time that it is mentioned in this ‘‘Environmental Impact Statement for
[Docket No. 50–0609; NRC–2018–0184]
document. the Construction Permit for the
Target Fabrication Portion of the • NRC’s PDR: You may examine and Northwest Medical Isotopes
Northwest Medical Isotopes purchase copies of public documents at Radioisotope Production Facility,’’
Radioisotope Production Facility the NRC’s PDR, Room O1–F21, One issued in May 2017 (ADAMS Accession
White Flint North, 11555 Rockville No. ML17130A862).
AGENCY: Nuclear Regulatory Pike, Rockville, Maryland 20852. As required by 10 CFR 51.21, the NRC
Commission. FOR FURTHER INFORMATION CONTACT: staff prepared an EA that analyzes the
ACTION: Environmental assessment and David Tiktinsky, Office of Nuclear environmental impacts of the proposed
finding of no significant impact; Material Safety and Safeguards, U.S. exemption in accordance with NEPA.
issuance. Nuclear Regulatory Commission, Based on the EA that follows, the NRC
Washington, DC 20555–0001; telephone: has determined not to prepare an EIS for
SUMMARY: The U.S. Nuclear Regulatory 301–415–8740, email: David.Tiktinsky@ the proposed exemption, and is issuing
Commission (NRC) is considering nrc.gov. a FONSI.
issuing an exemption to Northwest
SUPPLEMENTARY INFORMATION: II. Environmental Assessment
Medical Isotopes, LLC (NWMI) from its
regulations, to waive the requirement I. Background Identification of the Proposed Action
that NWMI submit an application to the
The NRC is considering issuing an The proposed action is the issuance of
NRC for a license to possess and use
exemption to NWMI from section an exemption in response to a request
special nuclear material for processing
70.21(f) in title 10 of the Code of Federal dated December 18, 2017 (ADAMS
and fuel fabrication, scrap recovery or
Regulations (10 CFR), which requires Accession No. ML17362A040), as
conversion of uranium hexafluoride, or
the submission of an application to the supplemented by a letter dated March
for the conduct of any other activity
NRC under 10 CFR part 70, ‘‘Domestic 12, 2018 (ADAMS Accession No.
which the NRC has determined will
Licensing of Special Nuclear Material,’’ ML18088A175), from NWMI. The
significantly affect the quality of the
for a license to possess and use special purpose of the proposed action is to
environment, at least 9 months prior to
nuclear material for processing and fuel exempt NWMI from the requirement
commencement of construction of the
fabrication, scrap recovery or that NWMI submit an application to the
plant or facility in which the activity
conversion of uranium hexafluoride, or NRC for a license under 10 CFR part 70
will be conducted. The NRC has
for the conduct of any other activity at least 9 months prior to
prepared an environmental assessment
which the NRC has determined commencement of construction of the
(EA) and finding of no significant
pursuant to subpart A of 10 CFR part 51 plant or facility in which the 10 CFR
impact (FONSI) for this exemption
will significantly affect the quality of part 70 activities will be conducted. The
request.
the environment, at least 9 months prior activities that will be subject to the 10
DATES: The EA and FONSI referenced in to commencement of construction of the CFR part 70 license application are
this document are available on the 24th plant or facility in which the activity described in the construction permit
day of August, 2018. will be conducted. The exemption application that NWMI previously
ADDRESSES: Please refer to Docket ID would allow NWMI to commence submitted to the NRC under 10 CFR part
NRC–2018–0184 when contacting the construction of the entire NWMI 50 for an RPF to be constructed in
NRC about the availability of medical radioisotope production facility Columbia, Missouri. (NWMI
information regarding this document. (RPF) based upon the environmental Preliminary Safety Analyses Report,
You may access publicly-available review conducted for the 10 CFR part 50 Chapter 19, ‘‘Environmental Report.’’
information related to this document construction permit issued to NWMI on Corvallis, OR, revision OA dated June
using any of the following methods: May 9, 2018. The exemption was 2015, (ADAMS Accession Nos.
• Federal Rulemaking Website: Go to requested by NWMI in a letter dated ML15210A123, ML15210A128,
http://www.regulations.gov and search December 18, 2017 (ADAMS Accession ML15210A129, and ML15210A131)).
for Docket ID NRC–2018–0184. Address No. ML17362A040), as supplemented The NWMI exemption request asks
questions about NRC dockets to Jennifer on March 12, 2018 (ADAMS Accession the NRC to exempt NWMI from the
Borges; telephone: 301–287–9127; No. ML18088A175). timing requirement in order to allow
email: Jennifer.Borges@nrc.gov. For The NWMI 10 CFR part 50 NWMI to begin construction of the 10
technical questions, contact the construction permit application, which CFR part 70 components of the RPF
individual listed in the FOR FURTHER included an environmental report, upon the issuance of the 10 CFR part 50
INFORMATION CONTACT section of this discussed processes that would fall construction permit.
document. under 10 CFR 70.21(f). The NRC staff
• NRC’s Agencywide Documents environmental review of the 10 CFR Need for the Proposed Action
Access and Management System part 50 construction permit application NWMI received a construction permit
(ADAMS): You may obtain publicly- discussed, as a connected action, the under 10 CFR part 50 to construct the
available documents online in the environmental impacts of this process, RPF, which would fabricate low-
ADAMS Public Documents collection at consistent with the National enriched uranium (LEU) targets and
http://www.nrc.gov/reading-rm/ Environmental Policy Act of 1969 ship them to a network of U.S. research
sradovich on DSK3GMQ082PROD with NOTICES
adams.html. To begin the search, select (NEPA) (42 U.S.C. 4321 et seq.) and the reactors for irradiation, receive
‘‘Begin Web-based ADAMS Search.’’ For NRC’s environmental protection irradiated LEU targets, disassemble and
problems with ADAMS, please contact regulations that implement NEPA in 10 dissolve irradiated LEU targets, and
the NRC’s Public Document Room (PDR) CFR part 51. The NRC staff documented recover and purify Molybdenum-99
reference staff at 1–800–397–4209, 301– the evaluation and conclusions of its (Mo-99). These processes would take
415–4737, or by email to pdr.resource@ environmental review of the NWMI 10 place in a single RPF building divided
nrc.gov. The ADAMS accession number CFR part 50 construction permit into two separate areas where processes
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![Federal Register / Vol. 83, No. 168 / Wednesday, August 29, 2018 / Notices 44069
subject to different regulatory regimes against environmental and other costs, different than if the NRC approved the
would take place. The processes and considering reasonable alternatives, exemption request.
involved in receipt of irradiated LEU the NRC staff’s recommendation, unless
Alternative Use of Resources
targets, LEU target disassembly and safety issues mandate otherwise, is the
dissolution, and Mo-99 recovery and issuance of the construction permit Since NWMI has no plans to perform
purification are subject to the licensing under 10 CFR part 50 to NWMI.’’ any new activities that were not
requirements of 10 CFR part 50. The The purpose of the timing considered in previous environmental
processes involved in target fabrication requirement in 10 CFR 70.21(f) is to reviews, the change in timing to initiate
that NWMI plans to perform in a allow the NRC sufficient time to construction does not involve the use of
separate area of the RPF and would be conduct its environmental review of resources not previously considered.
subject to the separate licensing certain 10 CFR part 70 activities before Agencies and Persons Consulted
requirements of 10 CFR part 70. commencement of construction of the
NWMI submitted a 10 CFR part 50 facility in which they will occur. As In a letter dated May 17, 2018
construction permit application seeking explained above, the NRC considered (ADAMS Accession No. ML18113A504),
authorization to construct the portion of the environmental impacts of the the NRC staff consulted with officials
the RPF where the processes subject to processes that will take place in 10 CFR from the Missouri Department of
the 10 CFR part 50 regulations would part 70 portion of the RPF, where target Natural Resources regarding the
occur. NWMI submitted an fabrication processes will occur, as part environmental impact of the proposed
environmental report with its of its review of the 10 CFR part 50 action. The State responded on July 13,
construction permit application, construction permit application. 2018, and stated that it had no
providing environmental information Because the exemption request concerns comments (ADAMS Accession No.
about all of the processes that would only the timing of when construction of ML18197A199).
occur in both portions of the RPF. In the 10 CFR part 70 portion of the RPF The NRC staff also reviewed the
accordance with Section 102(2)(C) of begins, the proposed exemption would proposed action in accordance with the
NEPA and the NRC’s regulations in 10 not: (a) Affect the probabilities of Section 106 process of the National
CFR part 51, the NRC staff prepared an evaluated accidents; (b) impact margins Historic Preservation Act of 1966, as
EIS (NUREG–2209) assessing the of safety; (c) reduce the effectiveness of amended (NHPA) (54 U.S.C. 300101 et
potential impacts of the construction, programs contained in licensing seq.), which requires federal agencies to
operation, and decommissioning of the documents; (d) increase effluents; (e) consider the effects of their
proposed RPF on the quality of the increase occupational radiological undertakings on historic properties. The
human environment and reasonable exposures; or (f) impact operations or NRC has determined that the proposed
alternatives. The construction and decommissioning activities of the RPF. action, which would only affect the
operation impacts from the portion of The staff’s safety review performed for timing of commencement of
the RPF in which 10 CFR part 70 target issuance of the 10 CFR part 50 construction of a portion of the facility,
fabrication activities would occur were construction permit is documented in is not the type of action that has the
evaluated as a connected action to the the staff’s Safety Evaluation Report potential to cause any additional
10 CFR part 50 construction permit. dated November 2017 (ADAMS impacts or a significant change from the
Because the NRC has evaluated the Accession No. ML17310A368). impacts related to historic properties
environmental impacts from the 10 CFR The requested exemption does not discussed and analyzed in NUREG–
part 70 target fabrication activities in the impact the scope of the proposed action 2209, the NRC’s EIS for the 10 CFR part
RPF, as part of its EIS supporting or the connected actions at the RPF that 50 construction permit for the RPF.
NWMI’s 10 CFR part 50 construction were evaluated in the EIS. Accordingly, Therefore, in accordance with 36 CFR
permit application, NWMI is requesting it does not involve any additional 800.3(a)(1), no consultation is required
an exemption from the requirement that impacts or represent a significant under Section 106 of the NHPA.
the application for these 10 CFR part 70 change to those impacts described and Under Section 7 of the Endangered
activities must be submitted at least 9 analyzed in the environmental Species Act of 1973 (16 U.S.C. 1531 et
months prior to commencement of information submitted as part of the 10 seq.), prior to taking a proposed action,
construction of the 10 CFR part 70 CFR part 50 construction permit a federal agency must determine
components of the RPF. The exemption application. Based on the foregoing, the whether: (i) Endangered and threatened
would allow NWMI to initiate NRC staff has concluded that the species or their critical habitats are
construction of the 10 CFR part 70 proposed action would have no known to be in the vicinity of the
components of the RPF upon the significant environmental impact. proposed action and, if so, whether (ii)
issuance of the 10 CFR part 50 the proposed federal action may affect
Environmental Impacts of the
construction permit for the RPF even if listed species or critical habitats. The
Alternatives to the Proposed Action
the 10 CFR 70.21(f) timing requirement NRC has determined that the proposed
has not been met. A possible alternative to the proposed action will not have any additional
action would be to deny the exemption impacts or a significant change from the
Environmental Impacts of the Proposed request (i.e., the ‘‘no-action’’ impacts related to threatened or
Action alternative). If the NRC denies the endangered species or critical habitats
The environmental impacts associated exemption request, then NWMI may analyzed in the NRC’s EIS for the 10
with the construction of the target need to defer the initiation of CFR part 50 construction permit for the
fabrication portion of the RPF were construction of the 10 CFR part 70
sradovich on DSK3GMQ082PROD with NOTICES
RFP in NUREG–2209.
evaluated and discussed in the EIS components of the RPF to meet the
issued for the construction permit timing requirements in 10 CFR 70.21(f). III. Finding of No Significant Impact
application for the 10 CFR part 50 Since the exemption request relates to NWMI requested an exemption from
portion of the RPF (see NUREG–2209, the timing of the initiation of 10 CFR 70.21(f) that would allow it to
Section 6–4). The EIS concluded that construction and not to the scope of initiate construction of the 10 CFR part
‘‘[a]fter weighing the environmental, construction, then the impacts of this 70 components of the RPF upon the
economic, technical, and other benefits alternative would not be significantly issuance of the 10 CFR part 50
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![44070 Federal Register / Vol. 83, No. 168 / Wednesday, August 29, 2018 / Notices
construction permit for the RPF even if Dated at Rockville, Maryland this 24th day • NRC’s Agencywide Documents
the 10 CFR 70.21(f) timing requirement of August, 2018. Access and Management System
has not been met. The NRC is For the Nuclear Regulatory Commission. (ADAMS): You may obtain publicly-
considering issuing the requested Brian W. Smith, available documents online in the
exemption. The proposed action would Deputy Director, Division of Fuel Cycle Safety, ADAMS Public Documents collection at
not significantly: (a) Affect probabilities Safeguards, and Environmental Review, http://www.nrc.gov/reading-rm/
of evaluated accidents; (b) affect Office of Nuclear Material Safety and adams.html. To begin the search, select
Safeguards. ‘‘Begin Web-based ADAMS Search.’’ For
margins of safety; (c) affect the
[FR Doc. 2018–18757 Filed 8–28–18; 8:45 am] problems with ADAMS, please contact
effectiveness of programs contained in
licensing documents; (d) increase BILLING CODE 7590–01–P the NRC’s Public Document Room (PDR)
effluents; (e) increase occupational reference staff at 1–800–397–4209, 301–
radiological exposures; or (f) affect 415–4737, or by email to pdr.resource@
NUCLEAR REGULATORY nrc.gov. For the convenience of the
operations or decommissioning COMMISSION
activities of the RPF. The reason the reader, the ADAMS accession numbers
environment would not be significantly [Docket No. 72–1050; NRC–2016–0231] are provided in a table in the
affected is because the requested ‘‘Availability of Documents’’ section of
exemption affects only the timing of Interim Storage Partner’s Waste this document.
construction and does not affect the
Control Specialists Consolidated • NRC’s PDR: You may examine and
Interim Storage Facility purchase copies of public documents at
previous evaluation regarding the
environmental impacts of constructing AGENCY: Nuclear Regulatory the NRC’s PDR, Room O1–F21, One
and operating the NWMI RPF, as Commission. White Flint North, 11555 Rockville
described in the Environmental Impact Pike, Rockville, Maryland 20852.
ACTION: Revised license application;
Statement for Construction Permit for opportunity to request a hearing and to FOR FURTHER INFORMATION CONTACT:
the Northwest Medical Isotopes petition for leave to intervene; order John-Chau Nguyen, Office of Nuclear
Radioisotope Production Facility, Final imposing procedures. Material Safety and Safeguards, U.S.
Report (NUREG–2209). The impacts of Nuclear Regulatory Commission,
connected 10 CFR part 70 actions at the SUMMARY: The U.S. Nuclear Regulatory Washington, DC 20555–0001; telephone:
RPF were evaluated in NUREG–2209. Commission (NRC) received a request 301–415–0262; email: John-
On the basis of the EA included in from Interim Storage Partners, a joint Chau.Nguyen@nrc.gov.
Section II of this document, and venture between Waste Control SUPPLEMENTARY INFORMATION:
Specialists, LLC (WCS) and Orano CIS,
incorporated herein by reference, the I. Introduction
LLC by letters dated June 8, 2018, and
NRC has determined not to prepare an
July 19, 2018, to resume NRC staff The NRC received, by letter dated
EIS for the proposed action. The related
review of a license application for the April 28, 2016, an application from
environmental documents are: (a)
WCS Consolidated Interim Storage WCS for a specific license pursuant to
NWMI Exemption request dated Facility (CISF) in Andrews County,
December 17, 2017, as supplemented on 10 CFR part 72, ‘‘Licensing
Texas. By letter dated April 18, 2017, Requirements for the Independent
March 12, 2018 (ADAMS Accession the previous applicant, WCS, asked
Nos. ML17362A040 and Storage of Spent Nuclear Fuel, High-
NRC to temporarily suspend all safety Level Radioactive Waste, and Reactor-
ML18088A175); (b) NWMI Preliminary and environmental review activities.
Safety Analyses Report, Chapter 19, Related Greater Than Class C Waste.’’
DATES: A request for a hearing or WCS proposed to construct a
‘‘Environmental Report,’’ Corvallis, OR,
petition for leave to intervene must be Consolidated Interim Storage Facility
revision OA dated June 2015, (ADAMS filed by August 29, 2018. Any potential
Accession Nos. ML15210A123, (CISF) on its approximately 60.3 square
party as defined in section 2.4 of title 10 kilometer (14,900 acre) site in western
ML15210A128, ML15210A129, and of the Code of Federal Regulations (10
ML15210A131; and (c) NUREG–2209, Andrews County, Texas. WCS currently
CFR), who believes access to Sensitive operates facilities on this site that
‘‘Environmental Impact Statement for Unclassified Non-Safeguards process and store Low-Level Waste and
the Construction Permit for the Information (SUNSI) is necessary to Mixed Waste (i.e., waste that is
Northwest Medical Isotopes respond to this notice must request considered both hazardous waste and
Radioisotope Production Facility,’’ document access by September 10, Low-Level Waste). The facility also
issued in May 2018 (ADAMS Accession 2018. disposes of both hazardous waste and
No. ML17130A862).
ADDRESSES: Please refer to Docket ID toxic waste.
This FONSI and other related NRC–2016–0231 when contacting the On January 30, 2017, the NRC
environmental documents may be NRC about the availability of published two notices in the Federal
examined, and/or copied for a fee, at the information regarding this document. Register: (1) A notice describing the
NRC’s PDR, located at One White Flint You may obtain publicly-available closing date for the scoping period for
North, 11555 Rockville Pike, Rockville, information related to this document the Environmental Impact Statement
Maryland 20852. Publicly-available using any of the following methods: (EIS), and dates, times, and locations of
records are also accessible online in the • Federal Rulemaking Website: Go to scoping meetings wherein the NRC
ADAMS Public Documents collection at http://www.regulations.gov and search received oral comments as part of the
http://www.nrc.gov/reading-rm/ for Docket ID NRC–2016–0231. Address EIS scoping process (82 FR 8771); and
sradovich on DSK3GMQ082PROD with NOTICES
adams.html. Persons who do not have questions about NRC dockets to Jennifer (2) a notice of its acceptance of the WCS
access to ADAMS or who encounter Borges; telephone: 301–287–9127; application and an opportunity to
problems in accessing the documents email: Jennifer.Borges@nrc.gov. For request a hearing and petition for leave
located in ADAMS should contact the technical questions, contact the to intervene (82 FR 8773). On March 16,
NRC’s PDR reference staff by telephone individual listed in the FOR FURTHER 2017 (82 FR 14039), the NRC published
at 1–800–397–4209 or 301–415–4737, or INFORMATION CONTACT section of this a notice in the Federal Register of an
by email to pdr.resource@nrc.gov. document. extension to the scoping period and
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Document Created: 2018-08-29 00:14:10
Document Modified: 2018-08-29 00:14:10
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Environmental assessment and finding of no significant impact; issuance. | |
| Dates | The EA and FONSI referenced in this document are available on the 24th day of August, 2018. | |
| Contact | David Tiktinsky, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-8740, email: [email protected] | |
| FR Citation | 83 FR 44068 |
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