ML20065H569
| ML20065H569 | |
| Person / Time | |
|---|---|
| Site: | Clinch River |
| Issue date: | 09/29/1982 |
| From: | Bergholz W, Edgar G EDGAR, G.L., ENERGY, DEPT. OF, PROJECT MANAGEMENT CORP. |
| To: | |
| References | |
| 82-8570, NUDOCS 8210050184 | |
| Download: ML20065H569 (24) | |
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9/29)82 UNITED STATES OF AMERICA 00CKETED USNRC NUCLEAR REGULATORY COMMISSION BEFORE THE @k pH -4 R053 ATOMIC SAFETY AND LICENSING BOARD
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In the Matter of )
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UNITED STATES DEPARTMENT OF ENERGY )
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PROJECT MANAGEMENT CORPORATION ) Docket No. 50-537
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TENNESSEE VALLEY AUTHORITY )
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(Clinch River Breeder Reactor Plant) )
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APPLICANTS' CORPICTED NOTIFICATION CONCERNING PENDING LITIGATION The United States Department of Energy (" DOE") and Proj ect Management Corporation ("PMC"), for themselves and on behalf of the Tennessee Valley Authority (the Applicants),
hereby file this Notification Concerning Pending Litigation.
The Applicants are providing this Notification for the purpose of keeping the Board currently informed as to matters potentially affecting the above-captioned proceeding, as follous:
- 1. On August 19, 1982, NRDC and the Sierra Club
("Intervenors") filed, in the United States Court of Appeals for the District of Columbia Circuit, a Petition for Review -
and an Application for Stay of the Commission's August 17, 1982 Order granting Applicants' July 1, 1982 request to conduct site preparation activities pursuant to 10 C.F.R. 5 50.12.
As of August 30, 1982, all responsive pleadings concerning the Application for Stay had been filed with the court.
( 8210050184 820929 0PDR ADOCK 05000537 PDR
The matter remains pending decision on Intervenors' Application for Stay.
- 2. On August 23, 1982, Intervenors filed suit in the United States District Court for the Northern District of Georgia against DOE, DOE's CRERP Project Office, and the Environmental Protection Agency (" EPA"), alleging that an Agreement, executed by EPA and the CRBRP Project Office under 40 C.F.R. $ 122.66(c)(4)(i) to allow site preparation activities, violated NEPA and the aforementioned EPA regulation. On September 3,1982, the District Court issued an injunction restraining DOE from undertaking site preparation until the FES Supplement is completed and the final MPDES permit is issued for CRBRP. NRC contemplates issuance of the Final FES Supplement on November 1, 1982, and EPA contemplates issuance of the final permit on December 1, 1982. On September 7, 1982, PMC and the federal defendants filed Notices of Appeal in the District Court and filed Motions for Expedited Appeal in the United States Court of Appeals for the Eleventh Circuit. These Motions requested that briefing be completed by September 15, 1982, oral argument be held on September 17, 1982, and that a
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decision be rendered on the merits by September 18, 1982. On September 8,1982, the Eleventh Circuit issued an Order granting PMC's Motion, requiring completion of briefing on September 14, 1982, and scheduling oral argument for September 15, l 1982. On September 21, 1982, the Eleventh Circuit issued a
decision reversing the District Court and dissolving the injunction (copy attached) . The Applicants have commenced site preparation activities.
- 3. On September 22, 1982, NRDC filed a complaint, seeking declaratory and injunctive relief against DOE in the United States District Court for the District of Columbia and alleging a failure to comply with the requirements of the National Envir'onmental Policy Act of 1969, 42 U.S.C. S 4321 et seq., with respect to DOE's LMFBR Program Environmental Statement. NRDC seeks to enjoin all LMFBR Program commercial demonstration activites, including construction of CRBRP, until completion of an adequate LMFBR Program Environmental Statement.*/
DOE's Answer to the complaint is due within 60 days after September 22, 1982.
Respectfully submitted, Georgg L. Edg p Attorney for Project Management Corporation m
' Warren E. Bergiolz/Grf ff Attorney for the 7. S/. y Department of Energy DATED: September 29, 1982
-*/ Applicants' September 24, 1982 Notification omitted a portion of this sentence.
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IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 82-8570 PilBl.lSH NATURAL RESOURCES DEFENSE COUNCIL, INC.,
Plaintiffs-Appellees, versus HOWARD D. ZELLER, ET AL.,
. e l ! Defendants-Appellants, PROJECT MANAGEMENT C0hl0 RATION, ET AL.,
i Intervenors-Appellants.
l ADIEtt FROM THE UNITED STATES DISTRICT COURT FOR THE
, NORTHERN DISTRICT OF GEORGIA (September 21, 1982)
Before RONEY, FAY and VANCE, Circuit Judges.
PER CURIAM: 'i At defendants' request, we expedited this appeal from a preliminary injunction issued by the district court on September 3, 1982, which enjoined any site preparation activities relating to the Clinch River Breeder Reactor Plant, a multi-billion dollar federal nuclear energy project authorized by Congress. After considering the briefs, the record and oral argument, we reverse the grant of the preliminary injunction on essentially two grounds. First, the findings of fact and conclusions of law are insufficient to justify the issuance of an injunction. Second, if the distric court adopted plaintiffs' interpretation of the law, it erred as a matter of law in I
holding invalid on this record an agreement which permitted the commencement of site preparation prior to the issuance O
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of a final environmental impact statement and a permit under the National Pollution Discharge Elimination System.
On August 23, 1982, the Natural Resources Defense Council Inc. (NRDC), the Sierra Club, and two named individuals, brought suit in the United States District Court for the Northern District of Georgia against the Environmental Protection Agency (EPA), the Department of Energy (DOE), and DOE's Clinch River Breeder Reactor Plant (CRBRP) Project, and named officials. The coaplaint sought a declaratory judgment that EPA violated the National Environmental Policy Act (NEPA), 42 U.S.C.A. $ 4321 et seg., the Clean Water Act (CWA), 33 U.S.C.A. 5 1251 et seg.,
and its own regulations in allowing site preparation to commence at the CRBRP prior to completion of the final environmental impact statement (EIS) and issuance of a permit to discharge pollutants. Plaintiffs also sought a preliminary injunction restraining site preparation pending a hearing on the merits.
Defendants filed responsive pleadings on September 1, 1982, and the district court held a hearing on September 2, 1982. Upon consideration of oral argument and the parties' written submissions, the Court on September 3 held that EPA had violated NEPA and its own regulations and entered a short order granting plaintiffs all relief that they requested.1/
Notice of appeal was filed on September 7. A motion to expedite was granted on representation that the injunctive delay would add approximately 4.5 million dollars or more to the cost of the project. This Court heard oral argument of the appeal after full briefing on September 15. Although this Court has carefully considered
.all arguments of the parties and has decided that the injunction was improperly granted, time constraints prohibit an exhaustive opinion. A sketchy recitation of the facts, based largely on the briefs of the parties, and the premises of this decision are herein set forth.
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The Clinch River Breeder Reactor Plant (CRBRP) is an element of the Liquid Metal Fast Breeder Reactor (LMFBR) Program begun by the federal government with the objective of developing the technology and demonstrating the commercial viability of LMFBRs as the next generation of nuclear power plants. This multi-billion dollar program consists of LMFBR research, fuel processing, and LMTBR commercial demonstration through construction and operation of,the CRBRP, then a full-sized Large Development Plant.
A fundamental objective of the LNFBR program in general, and the CRBRP in particular, is the demonstration of the licensability of LMFBRs in the conventional utility environment.
The operation of LMTBRs differs substantially from conventional nuclear power plants. The nuclear reactors in use today for the commercial generation of electricity are, with only one exception," light-water" reactors'(" LWR"). LWRs are fueled by uranium, and the extremely hot fissioning core is cooled by water. In contrast, LMFBRs are fueled with plutonium and cooled with volatile sodium. The process of " breeding" occurs when neutrons released from the plutonium core transform a surrounding blanket of Uranium-238 into Plutonium-239.
The benefit of " breeders" is that over the course of their lifetime they can produce more PU-239 than they consume.
In 1970, Congress first authorized the design, construction, and operation of the CRBRP as the nation's first LMYBR demonstration plant. Pub. L. No.91-273, 91st Cong., 1st Sess. A 1972 Environmental Impact Statement for the LMTBR Demonstration Plant (AEC-WASH-1509) projected that the first demonstration plant would be completed by 1980. A 1975 EIS revised that schedule, projecting that the CRBRP would be operational by 1983, with commercial
, deployment of LMTBRs beginning in 1987. By the year 2000, the 1975 EIS projected the LMTBRs would represent one-third of installed nuclear capacity in the U.S.
In April 1977, President Carter determined that CRBRP construction should be " indefinitely deferred." In 1981, the Reagan administration revived the LMTBR program.
A new programmatic EIS released in 1982 projected completion of the CRBRP around 1990, with construction to begin in 1982 or early 1983.
The specific work which the defendant applicants seek to do now, and which was enjoined by the district court, involves the clearance of 292 acres of a 1,364-acre site, presently dedicated to industrial purposes and adjacent to the 37,000-acre Oak Ridge reservation. The site is located on a meander of the Clinch River, between two dams owned by TVA used for electric generation and other uses. The site is currently vegetated with second and third growth woods. The woods are part of a managed forest where the harvest of marketable timber occurs regularly, i
The proposed site preparation activities which are anticipated to occur before EPA issues its National Pollution Discharge Elimination System (NPDES) permit include clearing the site of all marketable timber; site clearing and grading; installing sediment basins, catch ponds, and filters to prevent environmental degradation; excavation; building temporary construction-related facilities, improvements to an access road and preparing a site for a railroad spur; and constructing services, including power, i water, sewerage, and fire protection.
Following the application in 1975 for a construction permit, the applicant requested the NRC's Atomic Safety and Licensing Board to issue a partial initial decision l
l on environmental and site suitability issues and a limited work authorization to begin site preparation. Licensing proceedings were suspended in 1977, however, when the
- Carter administration terminated the project. By then, both programmatic and site-specific environmental impact statements for the CRBRP had been prepared. The 1977 site-specific EIS recommended the grant of a construction permit, finding that the environmental impact of site preparation activities would be insignificant.
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In March 1981, the Reagan administration made the project a high-priority element in the national energy
, policy. Congress authorized 228 million dollars in funding.
As a result, licensing proceedings before the Nuclear Regulatory Commission were reactivated. On July 1, 1982, the applicant requested NRC to allow preliminary site preparation activities to begin, pursuant to the provisions of 10 C.F.R. 6 50.12 (1982), prior to the completion of ongoing environmental hearings in the Clinch River licensing proceedings before the Atomic Safety and Licensing Board.
On August 5, after holding informal proceedings including oral hearings in which organizational plaintiffs and others took part, NRC voted to grant the request, concluding that it was in the public interest to do so. The Commission's decision did not authorize construction of the CRBRP, in whole or part. It authorized only preliminary site preparation activities.
In July 1982, the NRC staff decided to prepare
, a draft supplement to the 1977 site-specific EIS. This decision had the effect of delaying the final environmental review in NRC's adjudication hearings until issuance of the final supplement. Since time was now considered to be of the essence, the EPA and DOE entered into an agreement on August 5, 1982, pursuant to 40 C.F.R. i 122.66(c)(4)(i)
(1981) (Appendix A). This agreement permitted the Project to commence the site preparation activities, but prohibited the Project from making any point source discharges of wastewater until such time as the Project obtained an NPDES permit as required by the Clean Water Act. The August 5 agreement limited the scope of work which could be performed and required the Project to abide by all EIS-related requirements as provided in the 1977 EIS and Its draft supplement.
The validity of this August 5, 1982, agreement is at issue here. The district court, without stating any reasons, simply held that the agreement violates EPA
. regulations and the requirements of the Nations 1 Environmental Policy Act. As we see it, that holding is the controlling issue on this appeal. If the agreement is valid, there is no legal base upon which the district court could posit injunctive relief. Neither the wisdom of the agreement nor of the project as a whole is subject to review by the federal court. The alleged harm to the plaintiffs, the issues as to the public interest and governmental policy, the,possible cost to the government if the permit is ultimately either denied or conditioned upon the repair of work here contemplated, are all items of concern to he executive and legislative branches of government, but not to the judicial branch. If the defendant agencies are proceeding according to the law established by Congress and the regulations promulgated by the executive agencies, they are entitled to proceed without judicial interference.
If the agreement is so authorized, they have done so.
The plaintiffs argue that the agreement violates the requirements of EPA regulations at 40 C.F.R. $ 122.66 (c)(4)(1) (1981) for two reasons: first, the agreement is not legally binding because the EPA cannot enforce the terms of the agreement against the DOE, and second, the regulation does not permit the agreement to be executed prior to the issuance of a final EIS.
The regulation provides:
(4)(1) No on-site construction of a new source for which an EIS is i
required shall commence before final Agency action in issuing a final permit incorporating appropriate EIS-related requirements, or before l
- execution by the applicant of a legally-binding written agreement which requires compliance with all auch requirements, unless such construction is determined by the Regional Administrator not to cause significant or irreversible adverse i
environmental impact. The provisions
. of any agreement entered into under this paragraph shall be incorporated as conditions of the NPDES permit when it is issued.
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- - The first argument focuses on the requirement of a " legally-binding written agreement." The appellees' argument is based on an affidavit of a former EPA Assistant Administrator for Enforcement stating that during his tenure at EPA, the Department of Justice refused to take any legal action to enforce a permit or other Clean Water Act obligation against another federr.1 agency. If the district court's decision that the agreement violates EPA regulations is based on a finding of fact, it would be clearly erroneous. Such an affidavit would be an insufficient basis on which to make a factual determination that EPA would not seek to enforce this agreement. If the decision l is based on the law, we accept the argument of the federal l
appellants that the agreement is " legally-binding," within the concept of the regulation for at least three reasons.
First, the agreement contains an effluent limitation and is judicially enforceable by citizens and states under Section 505(a) of the Clean Water Act, 33 U.S.C.A. 1365(a).
Second, the agreement is binding and can be enforced within the Executive Branch pursuant to Executive Order 12088, which establishes an arbitration mechanism in the Executive Branch. Third. EPA can redress any violation of the agreement simply by refusing to issue the NPDES i permit. 40 C.F.R. $ 122.66 (1981). Finally, there is no reason to believe that the parties will not view such an agreement, entered into in good faith, as binding, or that they would not comply fully with its terms. There j is nothing to the contrary in the record.
i The second argument--that an agreement cannot be executed until a final EIS has been issued--misreads the regulation. Appellees rely on the preamble to the regulation which recites that " expected environmental impact study in the environmental impact assessment should not be allowed to proceed until that assessment has been concluded." 44 Fed. Reg. 32,872 (1979). First, it is
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t clear from the definition section of the regulation that
" environmental impact assessment" is not synonymous with
" environmental impact statement." In 1979, the applicable regulation provided:
(h) The term " environmental impact assessment" (EIA) means the report, prepared by the applicant for a NPDEF permit to discharge as a new source, which identifies and analyzes the environmental impacts of applicant's
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proposed source and feasible alternatives as provided in 5 6.908 of this Part . . .
(m) The term " final environmental impact statement" means the document prepared by EPA or under EPA guidance which identifies and analyzes in detail the environmental impacts of a proposed EPA action and incorporates comments made on the draft EIS.
40 C.F.R. 5 6.900 (1979).
Second, plaintiffs failed to quote the last sentence of the preamble which reads as follows:
It should be noted that subparagraph (c)(4) allows the Regional Administrator
- to approve construction prior to issuance of a permit or finding of no significant impact (i.e., a negative declaration) if he or she determines that such a finding will probably be made.
This preamble is in accord with the provision of the regulation that on-site construction may begin before final Agency action and before execution of an agreement if the Regional Administrator makes certain determinations.
. Since construction can commence before a final EIS without an agreement, upon the Regional Administrator's determination ttat the construction will not cause significant or irreversible advarse environmental impact, it is a reasonable interpretation of the regulation that construction can start with an agreement which requires compliance with what the Regional l Administrator determines to be appropriate EIS-related requirements. An agency's interpretation of its own regulations is controlling if reasonable. Udall v. Tallman, 380 U.S. 1, 16 (1965); McHenry v. Bond, 668 F.2d 1185 (11th Cir. 1982).
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Assuming the agreement is binding and not invalid because executed prior to a final EIS, there seems to be no viable argument that the Regional Administrator did not do what was required of him in evaluating the preliminary documents prior to entering into the agreement. The plaintiffs offered no evidence to contradict the rather conclusory affidavits of the EPA Administrator and the pro}ect director. A reading of the agreement itself, a copy of which is attached to this opinion as Appendix A, reflects substantial consideration of the environmental impact of this work and incorporates specific EIS-related requirements.
The plaintiffs have failed to carry their burden of showing that the agreement was not executed in accordance with the regulations.
The argument that the agreement violates the National Environmental Policy Act essentially seems to be an attack on the validity of the regulation, regardless of how that argument might be couched. Appellees properly concede they could not attack the regulation in the district court. 33 U.S.C.A. $ 1369(b)(1)(E). The regulation is now on review by the U. S. Court of Appeals for the D. C.
Circuit. Natural Resources Defense Council v. EPA, 673 F.2d 392 (D.C. Cir. 1980). Plaintiffs' argument that NEPA prohibits any work prior to the issuance of a final environmental impact statement leads necessarily to invalidating the regulation, which the district court had no jurisdiction to do.
The decision of the district court is reversed.
The preliminary injunction is dissolved. This opinion shall be issued in manuscript form and the mandate shall l issue immediately.
REVERSED.
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FOOTNOTE
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,-ORDER
- , Plaintif f s' Motion for Preliminary Injunction came before
. this Court for hearing on September 2,1982. Upon due considera- .
' tion of the memoranda of the parties and the arguments of counsel in open court, this Court finds that:
- 1. Thi,s Court has jurisdiction over the matters at issue; and
- 2. The August 5,1982 Agreement between def endan't EPA .
and defendant DOE violates EPA regulations; and
- 3. The August 5,1982 Agreement between def endant EPA and defendant DOE violates the requirements of the National
- Environmental Policy Act; and
- 4. " Plaintif f s have a substantial probability of success on the merits; and *
- 5. Plaintiffs will suffer irreparable harm if the pre-
- liminary injunction is not issued; and On balance, the threat and harm to plaintiffs out-6.
weighs any harm to defendants; and
'7 . - The public interest is not disserved by granting a ,
preliminary 1.ijunction; It is hereby ordered that plaintif f s' Motion for Preliminary 2njunction is granted, and that defe'ndants are enjoined from any site preparation activities relating to the Clinch River Breeder React,or until such time as a final environmental impact statement is completed and a NPDES permit is issued b: EPA.
Sc .5,gtv ,% f Marvan H.' Shoob ph.
Date/ (
United States District Court Judge l . ,
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- APPENDIX A e ,
UNITED STATES ENVIRONMENTAL REGION IV PROTECTION A
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IN THE MATTER OF }
.. ) AGREItlENT CLINCH CAK RIDGE, TENNESSEE RIVER BREEDER REACTOR PROJECT )
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. NPDES NO. TN002BB01 In December, 1981, the United States Department of Energ through its Clinch River Breeder Reactor Project Office (DOS) Discharge filed its application for a National Pollutant (CF.3RP )
Elimination System (*NPLES*) Permit _ for discharge of waste site. The
- *resulting from preliminary site work at the project Since original application for the plant was submitted in 1977.
' that time the plans for the Project facilities have been revised. s The Project had previously been determined by the United ce 5:
Environmental Protection Agency (EPA) to constitute (33 U.S.C.
a new a within the meaning of Section 306 'of the, Clean Water Act Thereafter, a draft Environmental statement was prep 51316). RC) as lead the United States Nuclear Regulatory Commission (N rederal Agency, with EP A cooperating, pursuant to t of 1969 (*NEPA*) (42 U.S.C.
l the National _nvironmental E Policy Act (FEs) was 54321, et seq.). A rinal Environmental statement NRC has reviewed the 1977 FES in light f published in February, 1977.
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( of current information including the June 1982 Site Preparat A draft supplement to the Environmental Activities Re' port. . . ..
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f Statement (DSES) (wnich contains a draft NPDES permit) was made available on July 30, 1982. The final supplement is expected to be released in late October, 1982.
Based on the foregoing, in light of the congressional directive for expeditious Project completion, and in accordance witn the President's nuclear energy policy statement of October 8, 1981, CRBRP has asked EPA to allow certain limited site preparation activities prior to the expected date of issue of the NPDES permit.
Therefore, the CRBRP and EPA,, Region IV, pursuant to the requirements of 40 C.F.R. $122.66(c)(4)(1), do hereby agree:
- 1. That CRBRP may begin, as of the date of signing by EPA of this Agreement:
(a) Clearing and Grubbing - Areas to be cleared and grubbed will include those required for roads, railroads, temporary construction facilities, parking lots, main plant, cooling towers, switchyards, storage areas, on-site quarry,
- cencrete batching and mixing plant and barge unloading facility.
(b) Earthwork - Earthwork will include excavation, i
backfill and grading for roads and railroads, concrete batching and mixing plant, parking lots, t
main plant, cooling towers, switchyards, storage
! areas, the temporary construction' f acilities and buildings and quarry operations.
(c) Temporary construction racilities - Temporary construction facilities will be prepared or constructed, as required, to accommodate management, craft labor and the use of equipment and material for a project of this magnitude.
i services to be installed will include water, l sewerage, telephones, power, fire protection and '
compressed air. A barge facility and dock for e
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s unloading heavy equipment will also be constructed during this period pursuant to the terms of a permit issued by the U.S. Army Corps of Engineers under the authority of Section 404
. of the Clean Water Act.
'I- (d) Other Construction Activities,- A suitable access road to the Site will be constructed. A railroad spur from the existing railroad at DCE's Oak
! Ridge Gaseous Diffusion Plant will be extended to the plant site. A construction parking area vill be prepared. Temporary roads will be built to provide access to the construction area from the permanent access road, the barge unloading facility, and the quarry.
The foregoing activities are described more specifically in Attachment A to'this Agreement. (Attachment A comprises Chapter 3 of the *CRBRP Site' Preparation Activities Report
- June 1982")
- 2. That no point source discharge of wastewater, including runoff degraded by $he activities described in paragraph I will be made.e. to waters of the United States. .
i 3 '. That no construction except those activities
' specifically described in Attachment A will be conducted in any area a which constitutes waters of the United States.
. 4. That in consideration of EPA's agreement to allow a
commencement of these limited construction activities prior to issuance of NPDES Permit number TN0028801, CRBRP agrees to, will abide by and will not challenge in any administrative or judicial forum, inclusion in NPDES Permit number TN0028801 of any of the e
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. following terms:
(a) The Erosion and Sediment control F1sn dated July 16,1982, shall be implemented at the commencement of site preparation activities.
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. Consecutive reports shall be submitted covering periods of six months each during the first year of construction. During subsequent years of I
construction, reports shall be submitted covering
- 12 month periods. The reports will be due within j two months of the end of the reporting period with the first report due on February 28, 1983.
l (b) R 25-foot buffer zone will be provided between f
the Clinch River and the site-preparation activities except in the following areas:
l I. The railroad spur going underneath Hignway
} 58, Callaher Bridge at RR Station 31 + 00 (RM 14.0). .
II. The 48-inch corrugated metal pipe for drainage underneath the railroad spur,
. RR Station 29 + 39 (RM 14.0).
i III. The 36-inch corrugated metal pipe for i
drainage underneath the railroad spur, RR
- Station 50 + 00 (RM 14.25).
l IV. The extension of the 6-foot concrete culvert underneath the railroad spur and access road, l
- Rd. Station 1 + 84 (RM 14.5).
f V. The 14-foot corrugated metal pipe underneath
' the railroad spur and access road, Rd.
station 5 + 35 (RM 14.6).
I Road and railroad embankment closer than 25 VI.
feet to the Clinch River between Rd. Station 5 + 35 and Rd. Station 19 + 50.
VII. The barge unloading facility (RM 14.75).
! VIII. The water discharge outfall (RM 16.0).
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- 11. The water intake (RM 17.9).
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X. The corrugated metal pipe for the quarry treatment pond discharge (RM 18.25).
".~. XI "Where existing River Road and appurtenances are presently closer than 25 feet to the Clinch River.
(c) Inponds the event that are no it is determined longer functionally that required, ' treatment the following steps will be taken:
- 1. Reestablish natural drainage patterns, and II. Restore the pond area to an acceptable state of I
natural vegetation.
thermal (d) Permittee shall conduct- studies to assure that discharges will have minimal impact on striped bass (Morone saxtilis) during" extended periods of zero flow as descr1Ded an Section 4.1.2 of the " Update to the
- CRBRP Alternative Siting Analysis Within the TVA Power Service Area" (dated May 28, 1982).
- Permittee shall not start construction of the plant discharge structure prior to submittal of reports on these studies and receiving approval by the Director, Water Management Division to start such construction, such studies and reports shall include (1) coordination' with TVA studies on lethal temperatures for adult and juvenile striped bass, (2) statistical analysis of streamflow during the months of July through September, (3) reevaluttion of the thermal plume dispersion, and if necessary, (4) a review of In
' alternative diffuser designs and thermal modeling.
i the event that the above studies f ail .to demonstrate I that the CRBRP thermal discharge will have no significant impact on the striped bass thermal refuge, the NPDES permit shall be modified to impose more stringent thermal limitations on plant discharges.
(e) Permittee shall implement an approved preoperational non-radiological aquatic menitoring program to reestablish baseline data on water quality and Diotic conditions in the Clinch River not less than twoNot years prior to'the scheduled date f o.r .,f,uel loading.
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less than six months prior to the scheduled date for W
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implementation, the permittee shall submit to the
- Director, Water Management Division, EPA, Region IV, l ~
for review and approval, a detailed monitoring plan.
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. Reports shall be submitted annually, not more than
-- three months following completion of the reporting
-- period with the first report due 15 months af ter implementation of the program. The program shall i
- continue for a period of not less than two years, l unless mutually agreed to by EPA and CRBRP.
(f) Permittee shall implement an approved operational
- non-radiological aquatic monitoring program on the first day of operation. Not less than six months prior to scheduled implementation date, the permittee shall submit to the Director, Water Management Division, EPA, Region IV, for review and approval, a
- detailed monitoring plan. Reports shall be submitted annually, not more than three months following completion of the reporting period with the first report due 15 months after implementation of the program. The program shall continue for a period of not less than two years, unless mutually agreed to by EPA and CRBRP. .
(g) Effluent limitations and monitoring requirements:
During the p'eriod beginnin1 on start of discharge and
. lasting through expiration the permittee is authorized to discharge from outfall(s) serial numter(s) 003 through 008 - Point source runoff from areas of
',' construction and yard drainage to unnamed ditches to the Clinch River. (003, 004 and 008 may also receive
- dewatering waste and/or other small sources and 007 may also receive overflow from the concrete Wash Settling Pond and the Aggregate Washing Settling Pond during abnormal rainfall periods.)
such discharges shall be limited and monitored by the permittee as specified below:
Discharge Limitations Monitoring 11sent Recuirements erseteristics Measuremect sample Instantaneous Maximum Type Frequency N/A
- * *1/we ek 1/ Crab ow-m3/ Day (MGD) 3/ Grao tal suspended solids (ag/1) y/ 1/
1/ week week [/,
T/, J/ Grab 5/ ,
1 and Crease (ag/1) 1,/ P_
See Below 1/six months calcuT-tantion Volume *
- ation(s) j l.
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The runoff treatment ponds shall be capable of processing the 10-year, 24-hour rainfall event plus
. all accumulated silt without ove flow of the
- ._ standpipe. Not less than once each six months for the available
.. first year, permittee shall ascertain that and shall settling volume meets with this requirement report this finding when submitting Discharge Monitoring Reports. Prequency during subsequent years shall be determined based on assessment of the information for the first year.
j Permittee shall maintain or obtain records of rainfall representative of site conditions. All periods ofor rainfall which exceed the 10-year, 24-hour event cause discharge from any overflow shall be reported to
' EPA.
[ Note: No discharge f rom temporary ponds TI, T2 or T3 is permitted by this Authorization to Discharge. Any such discharge to Waters of the U.S. shall be reported in accordance with requirements of Part II.A.3.b. of the permit, except that the report shall be required within five days. Twice daily monitoring by grab sample with analyses to include TSS, pH and flow shall
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- be required of any such discharge.]
The pH shall not be less than 6.0 standard units nor
~ greater than 9.0 standard units and shall be monitored once per week.,1/, 4/ ,,
There shall be no discharge of floating solids or
. visible foam in other than trace amounts.
samples taken in compliance with the monitoring requirements specified above shall be taken ic the following location (s): points of discha se from treatment ponds A, 5, C, D, E, and th. quarry pond l respectively, prior to mixing with any other waste
' stream. 1/
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sampling and inspection of the filter and water level shall be conducted at least two times per week during periods when the water Icvel is within 36 inches of the top of the overflow pipe. All periods of overflow shall be reported and representative samples collected and analyzed, with the first sample collected within 12 hours1.388889e-4 days <br />0.00333 hours <br />1.984127e-5 weeks <br />4.566e-6 months <br /> of start of overflow.
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In the event th'at effluent concentration exceeds 50 mg/1, permittee shall evaluate system performance to assure that the system is
. operating as designed and that on-site controls are effective. Permittee shall take appropriate
, . corrective action as required.
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3/
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All periods of discharge from the Concrete Wash and Aggregate Washing Settling Ponds to 05N 007 l shall be reported and monitored once per day for '
total suspended solids, total dissolved solids and pH on grab samples at the individual settling pond discharge points.
i/ Applicable to any flow up to the flow resulting from a 24-hour rainfall event with a probable
. recurrence interval of once in ten years.
5/ Applicable to OSN 003 only.
- 5. CRBRP further agrees to immediately cease all construction activitics, and to restore the plant site as described in Chapter 5.0 of the 'CR3RP Site Preparation Activities Report -
- June 1982* if the application for NPDIS Permit No. 7U0028801 is denied.
'6. This ' agreement expires upon issuance of NPDIS Permit No. TUQ02SB01 or when site restoration under paragraph 5 is co plete.
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& 9~ !49)'
.x HOWARD D. ZELLER
, DATE /
Assistant Adm'n strator for Policy an Managem t hfD , A s*4
'7 E R C Y REWINGTOV, JR/~
.$ /1
' d Actin Project Diredtor
. Clinc River Breeder Reactor Plant Project .
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e I
UNITED STATES OF, AMERICA NUCLEAR REGULATORY COMMISSION
)
In the Matter of )
)
UNITED STATES DEPARTMENT OF ENERGY )
)
PROJECT MANAGEMENT CORPORATION ) Docket No. 50-537
)
TENNESSEE VALLEY AUTHORITY )
. )
(Clinch River Breeder Reactor Plant) )
)
CERTIFICATE OF SERVICE Service has been effected on this date by personal delivery or first-class mail to the following:
Marshall E. Miller, Esquire Chairman Atomic Safety & Licensing Board U. S. Nuclear Regulatory Commission Washington, D. C. 20545 Dr. Cadet H. Hand, Jr.
Director Bodega Marine Laboratory University of California P. O. Box 247 Bodega Bay, California 94923 Nr. Gustave A. Linenberger Atomic Safety & Licensing Board U. S. Nuclear Regulatory Commission Washington, D. C. 20545
' Daniel Swanson, Esquire Stuart Treby, Esquire Office of Executive Legal Director U. S. Nuclear Regulatory Commission Washington, D. C. 20545 (2 copies) l l
Atomic Safety & Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D. C. 20345 Atomic Safety & Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D. C. 20545 Docketing & Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D. C. 20545 (3 copies)
William M. Leech, Jr., Attorney General William B. Hubbard, Chief Deputy Attorney General Michael D. Pearigen, Assistant Attorney General State of Tennessee Office of the Attorney General 450 James Robertson Parkway Nashville, Tennessee 37219 Oak Ridge Public Library Civic Center Oak Ridge, Tennessee 37820 Herbert S. Sanger, Jr., Esquire Lewis E. Wallace, Esquire W. Walter LaRoche, Esquire James F. Burger, Esquire '
Edward J. Vigluicci, Esquire Office of the General Counsel Tennessee Valley Authority 400 Commerce Avenue t Knoxville, Tennessee 37902 (2 copies)
Dr. Thomas Cochran Barbara A. Finamore, Esquire Natural Resources Defense Council 1725 Eye Street, N. W., Suite 600 Washington, D. C. 20006 (2 copies)
Ellyn R. Weiss, Esquire Harmon & Weiss 1725 Eye Street, N. W., Suite 506 Washington, D. C. 20006
3 O
Lawson McGhee Public Library 500 West Church Street Knoxville, Tennessee 37902 William E. Lantrip, Esq.
Attorney for the City of Oak Ridge Municipal Building P. O. Box 1 Oak Ridge, Tennessee 37830 Leon Silverstrom, Esq.
Warren Bergholz, Jr., Esq.
U. S. Department of Energy 1000 Independence Ave., S. W.
Room 6B-256, Forrestal Building Washington, D. C. 20585 (4 copies)
Eldon V. C. Greenberg Tuttle & Taylor 1901 L Street, N. W., Suite 805 Washington, D. C. 20036 Commissioner James Cotham Tennessee Department of Economic and Community Development Andrew Jackson Building, Suite 1007 Nashville, Tennessee 37219 I
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V George dgar '4' Attorn for Proj ect Management Corporation DATED: September 29, 1982
$