ML20135H093

Letter to R.Martin of Tonkawa Tribe of Oklahoma Re Notice of Availability of Draft Environmental Impact Statement for Interim Storage Partners' Proposed Consolidate Interim Storage Facility

ML20135H093
Person / Time
Site:	Consolidated Interim Storage Facility
Issue date:	05/28/2020
From:	Diaz-Toro D NRC/NMSS/DREFS/ERMB
To:	Martin R Tonkawa Tribe of Oklahoma
James Park
References
Download: ML20135H093 (3)

Text

May 28, 2020 Mr. Russell Martin, President Tonkawa Tribe of Oklahoma 1 Rush Buffalo Road Tonkawa, OK 74653

SUBJECT:

NOTICE OF AVAILABILITY OF THE DRAFT ENVIRONMENTAL IMPACT STATEMENT FOR INTERIM STORAGE PARTNERS PROPOSED CONSOLIDATED INTERIM STORAGE FACILITY LOCATED IN ANDREWS COUNTY, TEXAS (DOCKET NUMBER: 72-1050)

Dear President Martin:

The U.S. Nuclear Regulatory Commission (NRC) staff has completed a draft Environmental Impact Statement (EIS) for Interim Storage Partners LLCs (ISPs) proposed consolidated interim storage facility (CISF) for spent nuclear fuel to be located in Andrews County, Texas (the undertaking). The draft EIS provides the NRC staffs evaluation of the potential environmental impacts of the construction and operation of the proposed CISF, including analyses of potential impacts to historic properties. As stated in our letter dated May 28, 2019 (available in NRCs Agencywide Documents Access and Management System (ADAMS) under Accession No. ML18347A565), the NRC staff is using the National Environmental Policy Act (NEPA) process to comply with its obligations under Section 106 of the National Historic Preservation Act of 1966, as amended (NHPA), as outlined in Title 36 of the Code of Federal Regulations (CFR) 800.8(c).

As discussed in Chapter 4 of the draft EIS, the NRC staff preliminarily has determined that the construction and operation of the proposed CISF would not affect historic properties near the site. In support of this determination, the NRC staff reviewed available archaeological literature, conducted a search and evaluation of archaeological records and collections maintained by the Texas and the New Mexico State Historic Preservation Offices, and reviewed reports of archaeological surveys conducted on the site. Documentation of tribal consultation is presented in Appendix A of the draft EIS. While consultation under NHPA Section 106 is ongoing, the NRC staffs preliminary conclusion is that no historic properties would be affected by the undertaking because no historic properties have been identified within the area of potential effects.

An electronic copy of the draft EIS is available in ADAMS, which is accessible from the NRC website at http://www.nrc.gov/readingrm/adams.html. The ADAMS accession number for the draft EIS is ML20122A220. If you prefer a CD or hard copy of the draft EIS, please let us know; however, due to the COVID-19 situation and associated government-wide actions, delivery of the CD or hard copy will be delayed.

A separate Notice of Availability of the draft EIS has been placed in the Federal Register (FR) through the U.S. Environmental Protection Agency (EPA). The 120-day public comment period

R. Martin end date is calculated from the date on which the EPA notice is published in the FR and, accordingly, the public comment period ends on September 4, 2020.

Pursuant to 36 CFR 800.8(c), we are requesting comments on the draft EIS and the NRC staffs preliminary conclusions. Electronic comments on the draft EIS may be submitted to the NRC by accessing https://www.regulations.gov/ and searching for Docket ID NRC-2016-0231 and by e-mail to WCS_CISF_EIS@nrc.gov. Written comments should be submitted by mail to the NRC at:

ATTN: Program Management, Announcements and Editing Staff Office of Administration Mail Stop: TWFN-7A60M U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Should you have any questions concerning the staffs environmental review of ISPs application for construction and operation of a proposed CISF, please contact Mr. James Park at 301-415-6954 or via e-mail at James.Park@nrc.gov.

Sincerely, Diana Diaz-Toro, Acting Chief Environmental Review Branch Division of Rulemaking, Environmental, and Financial Support Office of Nuclear Material Safety and Safeguards Docket No. 72-1050 cc:

Mr. Gary McAdams, THPO P.O. Box 7 Anadarko, OK 73005

ML20135H093 *concurred via email OFFICE NMSS:REFS NMSS:REFS NMSS:REFS NAME *JPark *AWalker-Smith

• DDiaz-Toro DATE 04/22/2020 04/20/2020 05/28/2020