[Federal Register Volume 59, Number 21 (Tuesday, February 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2221]
[[Page Unknown]]
[Federal Register: February 1, 1994]
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DEPARTMENT OF ENERGY
Finding of No Significant Impact; Construction and Operation of
the Knolls Site Low Level Radioactive Material Processing Facility,
Schenectady County, NY
AGENCY: Department of Energy.
ACTION: Finding of no significant impact.
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SUMMARY: The Department of Energy (DOE) Office of Naval Reactors has
prepared an Environmental Assessment for the proposed action to
construct and operate the Knolls Site Low Level Radioactive Material
Processing Facility. This facility will include equipment for the
treatment, reclamation, and packaging for off-site disposal of
radiologically controlled liquid and solid waste. The operations to be
conducted are the same as those currently conducted in a portion of
Building H2 at the Knolls Site. Building H2 is part of the former
Separations Process Research Unit complex. This complex was built over
forty years ago and was used in the early 1950's as a pilot-scale
facility for investigating processes for separating fissionable
isotopes from irradiated uranium. Moving current radioactive waste
processing operations to a different location is necessary to make
Building H2 available for decommissioning and removal.
The Environmental Assessment discusses alternatives to the proposed
action and concludes that there are no alternatives to the proposed
action that would accomplish the desired goal of continuing current
waste processing operations at a location other than Building H2 but
close to the locations where the waste is generated. The Environmental
Assessment summarizes and references the extensive body of existing
published reports which discuss the environmental performance of the
Knolls Site, including the releases of radioactivity from the Site and
the absence of environmental impact from Site operations. The
Environmental Assessment discusses the fact that the operations and
amounts of radioactivity processed will remain unchanged.
Naval Reactors provided this Environmental Assessment in draft form
to New York State for review and comment. New York State did not have
any comments.
Based on the analysis in the Environmental Assessment, Naval
Reactors issued a proposed Finding of No Significant Impact on November
4, 1993. The proposed Finding was published in the Federal Register on
November 18, 1993, beginning a 30-day public review period (Vol. 58,
No. 221, pp. 60852-60853). The fact that the proposed Finding appeared
in the Federal Register and was available for review along with the
Environmental Assessment at the Schenectady Public Library was
advertised in several local newspapers in the Schenectady area through
public notices placed by Naval Reactors. Copies of the Environmental
Assessment and proposed Finding also were distributed to interested
parties upon request.
One comment letter was received. The comments contained in this
letter and the Naval Reactors responses are presented in a new Appendix
to the Environmental Assessment. The Appendix has been sent to the
commenter, and has been placed with the Environmental Assessment in the
Schenectady Public Library. A summary of the comments and the Naval
Reactors responses have been included at the end of this notice.
After considering the comments received in this letter, Naval
Reactors has concluded that no new information has been made available
that would change the determination that the proposed action is not a
major Federal action significantly affecting the quality of the human
environment, within the meaning of the National Environmental Policy
Act (NEPA) of 1969, (42 U.S.C. 4321 et seq.). Therefore, Naval Reactors
is issuing this final Finding of No Significant Impact.
ADDRESSES AND FURTHER INFORMATION: Persons requesting additional
information on the Finding of No Significant Impact for construction
and operation of the Knolls Site Low Level Radioactive Material
Processing Facility, the National Environmental Policy Act process
associated with this proposed action, or wishing a copy of the
Environmental Assessment should contact Ms. Lisa Megargle, U.S.
Department of Energy, Office of Naval Reactors (NE-60), Washington, DC,
20585, (703)-603-6126.
SUPPLEMENTARY INFORMATION:
Background
The Naval Nuclear Propulsion Program is a joint Navy/DOE program
established in Presidential Executive Order 12344 (permanently enacted
by Public Law 98-525, 42 U.S. Code 7158). The Office of Naval Reactors
is the Naval Nuclear Propulsion Program organization within the DOE.
Under the law, Naval Reactors is responsible for all matters pertaining
to Naval nuclear propulsion including ``* * * research, development,
design, acquisition, specification, construction, inspection,
installation, certification, testing, overhaul, refueling, operating
practices and procedures, maintenance, supply support, and ultimate
disposition of naval nuclear propulsion plants * * *'' and ``* * * the
safety of reactors and associated naval nuclear propulsion plants, and
control of radiation and radioactivity associated with naval nuclear
propulsion activities * * *.'' Naval Reactors is responsible for the
Knolls Atomic Power Laboratory, which conducts research and development
work on improved nuclear propulsion plants for U.S. Navy warships.
Proposed Action
The proposed action is to construct and operate the Knolls Site Low
Level Radioactive Material Processing Facility. This facility will
include equipment for the treatment, reclamation, and packaging for
off-site disposal of radiologically controlled liquid and solid waste.
The operations to be conducted are the same as those currently
conducted in a portion of Building H2 at the Knolls Site. Building H2
is part of the former Separations Process Research Unit complex. This
complex was built over forty years ago and was used in the early 1950's
as a pilot-scale facility for investigating processes for separating
fissionable isotopes from irradiated uranium. That work was unrelated
to nuclear propulsion, but since it had been done at a site now
dedicated to nuclear propulsion work, Naval Reactors is responsible for
managing this complex until its decommissioning and removal can be
arranged. Moving current radioactive waste processing operations to a
different location is necessary to make Building H2 available for
decommissioning and removal.
Alternatives Considered
There are no alternatives to the proposed action that would
accomplish the desired goal of continuing current waste processing
operations at a location other than Building H2 but close to the
locations where the waste is generated.
Environmental Considerations
An extensive body of existing environmental reports document the
environmental performance of the Knolls Site, including current waste
processing operations at the Site. Radiation exposure to any member of
the public due to the Knolls Site is too small to be measurable. The
total annual radiation exposure to the Site workforce is less than the
amount allowed by Federal regulations for a single worker. Releases of
airborne radionuclides result in off-site doses that are less than one
percent of the U.S. Environmental Protection Agency standard set forth
in 40 CFR part 61, subpart H. The General Accounting Office completed
in 1991 a thorough fourteen month review of environment, health, and
safety matters (including reactor safety) at DOE sites under the
cognizance of Naval Reactors, including the Knolls Site. The General
Accounting Office reported to Congress that they found no significant
deficiencies. Since operations to be conducted in the proposed facility
are the same as those currently conducted in Building H2, the proposed
action would result in no change from the current insignificant
environmental impacts from the Knolls Site.
Determination
Based on the information and analysis in the Environmental
Assessment, Naval Reactors considers the proposed action does not
constitute a major Federal action significantly affecting the quality
of the human environment, within the meaning of the National
Environmental Policy Act. Therefore, Naval Reactors has determined that
preparation of an Environmental Impact Statement is not required.
Issued at Arlington, VA this 28th day of December 1993.
B. DeMars,
Deputy Assistant Secretary for Naval Reactors.
Summary of Public Comment on the Environmental Assessment and Proposed
Finding of No Significant Impact and Naval Reactors Responses
One letter was received from the Knolls Action Project, which
describes itself as a ``grassroots citizen group with an extensive
record of public concern for operations at the Knolls Sites.'' A
summary of each substantive comment and the Naval Reactors response is
provided below:
Comment: The Knolls Action Project does not condone the type of
work that is conducted at the low level waste treatment facility since
it is in support of military nuclear operations.
Response: The mission of the Knolls Site is to develop and support
nuclear propulsion technology used by the U.S. Navy. This mission is an
integral part of the national defense and is prescribed by Congress.
Its conduct is beyond the scope of the subject Environmental
Assessment.
Comment: The referenced General Accounting Office report is grossly
inadequate since it was inconsistent with the charges of dangerous and
irresponsible practices brought by current and former Knolls Site
workers.
Response: The 14 month review by the General Accounting Office was
initiated by Congress in response to allegations from current and past
employees, was conducted by an agency accountable to the Congress and
not the Executive Branch, and provided a full opportunity for persons
making allegations of safety and environmental problems to provide
evidence to the investigators. At the time the review was announced in
early 1990, the Knolls Action Project and other critics were widely
reported in the news media as welcoming its performance since the
General Accounting Office is an independent agency. The General
Accounting Office investigators held security clearances and were given
unfettered access to Naval Reactors classified material. Since the
General Accounting Office has issued reports harshly critical of other
nuclear activities, the positive report of this independent review is
particularly noteworthy. The General Accounting Office concluded that
``GAO's review of specific environmental and safety programs at Naval
Reactors facilities shows no basis for allegations that unsafe
conditions exist there or that the environment is being adversely
affected by activities conducted there.''
Comment: Quotations from a 1989 newspaper article of a November
1987 audit by Naval Reactors which observed radiological control
problems at the Knolls Site indicate that statements in the
Environmental Assessment about stringent radiological control practices
cannot be believed. In particular, the unexplained loss of 7000 gallons
of water from the Knolls Site water reuse system casts doubt about the
radioactive material accountability system.
Response: The performance of rigorous, well-documented audits is an
integral part of the Naval Reactors radiological control program.
During its review, the General Accounting Office had access to all
audit reports. All formal audit reports relating to safety,
environment, health, and asbestos for a 30 month period were reviewed.
The General Accounting Office stated ``Deficiencies were noted in all
of the reports, but virtually all of them were of a minor nature, and
according to the documentation we reviewed, all were corrected soon
after they were brought to the attention of the responsible management
unit.'' The comment selectively quoted from the cited newspaper article
and omits portions which note that the deficiencies were minor in
nature. For example, the commenter omitted the portion of the article
which stated that the 7000 gallons of water met U.S. Nuclear Regulatory
Commission standards for radioactivity in drinking water which would
allow its unrestricted release to the environment.
Comment: The Office of Naval Reactors, while conforming to the
letter of the law, has been severely deficient in its responsibilities
to provide for meaningful public involvement in this Environmental
Assessment. In particular, the Environmental Assessment was not
received by the Knolls Action Project until December 8, allowing only
nine days for review and comment. Naval Reactors must take more active
steps to inform the public and media of such studies.
Response: Naval Reactors provided opportunity for public comment
beyond what is required by law and regulation. The draft Finding of No
Significant Impact was published in the Federal Register on November
18, and a 30 day public comment period was provided, even though it is
not required. Furthermore, Naval Reactors took out paid advertisements
in the three principal newspapers of the local area with a combined
circulation of over 240,000, the Albany Times Union (November 28), the
Schenectady Gazette (November 29), and the Saratogian (November 28), to
inform the public and ensure the media was aware of the Environmental
Assessment and the opportunity to comment on the draft Finding of No
Significant Impact. A copy of the Environmental Assessment was
forwarded to the commenter by First Class mail within one work day of
receipt of his request.
Comment: Statements in the Environmental Assessment about the
thoroughness of outside regulatory review, though perhaps correct in
some degree, create the false impression that the Knolls Site is under
strict, thorough, and independent review by New York State offices and
other Federal Government agencies.
Response: The Environmental Assessment stated that the Knolls Site
had been inspected numerous times by the State of New York and the U.S.
Environmental Protection Agency, and that over 80 inspections had been
made since 1983. Only minor administrative items have been noted, and
these items were quickly corrected. There have been no fines or
penalties levied, no enforcement actions taken, and no other adverse
regulatory actions. These inspections included access to classified
information, where necessary. Naval Reactors obtained Department of
Energy security clearances for the inspectors for this purpose.
Comment: The Environmental Assessment downplays the seriousness of
the contamination problems associated with the SPRU complex. The
proposed movement of low-level radioactive waste treatment facilities
from the SPRU complex is essential to protect workers.
Response: The SPRU complex is not the subject of this Environmental
Assessment. However, the Environmental Assessment notes that the total
cumulative occupational radiation exposure of all 2300 Knolls Site
workers is less than that permitted for a single worker. Thus, there is
no radiation exposure problem for workers at the current radioactive
waste handling site. With regard to the potential hazard of the SPRU
buildings to workers and the environment, the General Accounting Office
investigated the SPRU complex and concluded that it had been adequately
characterized, periodically monitored, and controlled where necessary.
Comment: The reference to two classified documents in the sections
dealing with safety and emergency preparedness make independent
assessment of the Environmental Assessment impossible. Reliance on
classified material is fundamentally in conflict with our democratic
system and with the National Environmental Policy Act's requirements
for public information and disclosure.
Response: The Environmental Assessment and its unclassified
references provide a large body of unclassified information by which to
judge the significance of the proposed action of relocating existing
low level radioactive waste processing activities. With regard to
classified references, the Council on Environmental Quality's
regulations for implementation of the National Environmental Policy Act
specifically provide for the control and protection of classified
information and do not oblige its public release. Case law under the
National Environmental Policy Act establishes that agencies may create
classified portions of environmental documents which are not released
to the public. The laws governing protection of information such as
Naval nuclear propulsion technology were enacted by democratic
institutions in the interests of the U.S. and its citizens and are
consistent with Article 2 of the U.S. Constitution, and thus are not
``fundamentally in conflict with democracy.''
Comment: For all of the reasons listed above, the Environmental
Assessment is inadequate. A more detailed and extensive Environmental
Impact Statement should be prepared.
Response: The commenter has not identified any facts which would
suggest that the environmental effects of relocating existing low level
radioactive waste handling to a new building at the Knolls Site would
be a major Federal action having a significant effect on the quality of
the human environment. Thus, a Finding of No Significant Impact is
justified for this project, and an Environmental Impact Statement is
not needed.
[FR Doc. 94-2221 Filed 1-31-94; 8:45 am]
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