ML14220A382

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Illinois Environmental Protection Agency Letters on Clean Water Act Section 401 Certification and NRC Review of the Byron and Braidwood License Renewal Application
ML14220A382
Person / Time
Site: Byron, Braidwood  
Issue date: 11/05/2014
From: Chris Miller
Division of License Renewal
To: Keller A
State of IL, Environmental Protection Agency
James L
References
TAC MF1832, TAC MF1833, TAC MF1834, TAC MF1835
Download: ML14220A382 (4)


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 November 5, 2014 Mr. Alan Keller, Manager Permit Section Illinois Environmental Protection Agency 1021 North Grand Avenue East, P.O. Box 19276 Springfield, IL 62794-9276

SUBJECT:

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY LETTERS ON CLEAN WATER ACT SECTION 401 CERTIFICATION AND THE U.S. NUCLEAR REGULATORY COMMISSION REVIEW OF THE BYRON AND BRAIDWOOD STATIONS LICENSE RENEWAL APPLICATION

Dear Mr. Keller:

The U.S. Nuclear Regulatory Commission (NRC) has received your letters dated May 22, 2013, for Braidwood Station Units 1 and 2 (Braidwood) and dated July 5, 2013, for Byron Station Units 1 and 2 (Byron). We appreciate the time and energy expended on these letters and on the calls between Illinois Environmental Protection Agency (IEPA) and NRC staff.

We understand your letters to state that in response to an Exelon Generating Company (Exelon or licensee) request for necessary comments concerning the renewal of the NRC operating licenses for Byron and Braidwood, IEPA issued 401 certifications under the Clean Water Act (CWA) that are effective when NRC issues a license for each facility that includes two conditions: (1) Exelon shall be responsible for obtaining National Pollutant Discharge Elimination System (NPDES) permits required for wastewater or stormwater discharges to State waters from the proposed activity and (2) the 401 certification does not cover future activities that require a federal authorization under section 404 of the CWA.

The NRC understands the importance of the CWA and a delegated States role in implementing the statute. As early as 1984, the Commission recognized that in revising its regulations, NRC licenses are subject to conditions deemed imposed by the CWA as a matter of law and that NRC need not duplicate EPAs or a delegated State agencys water quality reviews.1 To explicitly recognize that conditions are deemed imposed by the CWA and to obviate the need to undertake amendments to incorporate conditions imposed by statute which could be subject to frequent changes by certifying States, the Commission added Title 10 of Code of Federal Regulation (C.F.R.) 50.54(aa),2 to specifically provide that each 10 C.F.R. Part 50 license shall be subject to all conditions deemed imposed as a matter of law by section 401(a)(2) and 401(d) of the CWA (33 U.S.C.A. 1341(a)(2) and (d), as amended). To keep informed of the 1

49 Fed. Reg. 9352, 9359-60. Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions and Related Conforming Amendments. March 12, 1984.

2 49 Fed. Reg. 9352, 9360.

A. Keller environmental effects of NRC licensing actions, the Commission relies on reporting requirements of NPDES permits to alert the NRC. As the Commission stated, The NRCs role in the water quality area is limited to regulating radiological discharges into aquatic bodies and NEPA matters such as weighing aquatic impacts in NEPA analyses which NRC is required to make before reaching a major Federal licensing decision.3 Because the two 401 certification conditions from your letters are already license requirements either because they are imposed as a matter of law or they state existing statutory provisions, no further NRC action is needed with respect to these two conditions. Specifically, (1) Exelon must obtain CWA Section 402 (NPDES) permits from the State in accordance with 33 U.S.C. § 1342, and (2) a 401 certification does not authorize activities that require authorizations under Section 404 of the CWA, 33 U.S.C. § 1344 (i.e., the permits for discharges of dredged or fill material, which are issued by the U.S. Army Corps of Engineers). Appendix B, paragraph 3.2 of the current Byron and Braidwood licenses further requires that Exelon provides the NRC copies of any NPDES permit or State certification (or changes to those documents) within 30 days of approval. If the licenses are renewed, this requirement will be carried over to the renewed licenses for Braidwood and Byron.

Further, it is our understanding that Section 401 of the CWA, 33 U.S.C. § 1341, requires a Federal license applicant, such as Exelon, to provide a State certification to the Federal licensing agency (i.e., NRC). Therefore, the NRC recommends that the certifications (currently addressed to the NRC) be reissued and addressed instead to Exelon.

To the extent your letters are intended to offer comments for consideration during the NRCs review of the environmental impacts of renewal of the Braidwood and Byron licenses, your letters are included among the comments that will be addressed in Appendix A of the draft Supplemental Environmental Impact Statements for each license renewal review.

If you have any questions regarding this matter, please contact the Braidwood environmental project manager (EPM) for license renewal, Tam Tran, or the Byron EPM for license renewal, Lois James. Mr. Tran can be reached at 301-415-3617 or by e-mail at Tam.Tran@nrc.gov. Ms.

James can be reached at 301-415-3306 or by e-mail at Lois.James@nrc.gov.

Sincerely,

/RA/

Christopher G. Miller, Director Division of License Renewal Office of Nuclear Reactor Regulation Docket Nos. 50-454, 50-455, 50-456, and 50-457 cc w/encl: Listserv 3

49 Fed. Reg. 9352, 9380.

ML14220A382

  • concurred via email OFFICE LA:DLR*

PM:RPB2:DLR PM:RPB2:DLR OGC/NLO NAME IKing TTran LJames MYoung DATE 10/28/14 11/3/14 10/29/14 11/4/14 OFFICE BC:RPB2:DLR BC:RERB:DLR D:DLR NAME BWittick DWrona CMiller DATE 10/31/14 11/5/14 11/5/14

Letter to A. Keller from C. Miller dated November 5, 2014

SUBJECT:

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY LETTERS ON CLEAN WATER ACT SECTION 401 CERTIFICATION WITH RESPECT TO THE U.S. NUCLEAR REGULATORY COMMISSION REVIEW OF THE BYRON AND BRAIDWOOD STATIONS LICENSE RENEWAL APPLICATION DISTRIBUTION:

Public RidsNrrDlr Resource RidsNrrDlrRpb1 Resource RidsNrrDlrRpb2 Resource RidsNrrDlrRerb Resource RidsNrrDlrRsrg Resource RidsNrrDraApla Resource RidsOgcMailCenter lois.james@nrc.gov lindsay.robinson@nrc.gov tam.tran@nrc.gov david.wrona@nrc.gov brian.wittick@nrc.gov mitzi.young@nrc.gov anita.ghosh@nrc.gov christine.england@nrc.gov eric.duncan@nrc.gov scott.burnell@nrc.gov david.mcintyre@nrc.gov ivonne.couret@nrc.gov viktoria.mitlyng@nrc.gov prema.chandrathil@nrc.gov allan.barker@nrc.gov harral.logaras@nrc.gov james.mcghee@nrc.gov Jason.Draper@nrc.gov Jamie.Benjamin@nrc.gov Diana.Betancourt@nrc.gov brent.boston@nrc.gov billy.dickson@nrc.gov joel.wiebe@nrc.gov eva.brown@nrc.gov Nancy.ranek@exeloncorp.com Robert.tarr@exeloncorp.com ogle@gouker.net dwestin@rmu.net charlesmedrano@gmail.com prairiestatestrategies@gmail.com Jarid.Funderburg@mail.house.gov edstirling@jvlnet.com rcolson@oglecounty.org allenchristianson13@gmail.com todd@byronforestpreserve.com mharn@oglecounty.org sara.faller@exeloncorp.com twolf@ilchamber.org byrontownship@yahoo.com cmillard@es-il.org Al.Keller@Illinois,gov Dan.Heacock@Illinois.gov Joe.Klinger@Illinois.gov