ML23097A171
| ML23097A171 | |
| Person / Time | |
|---|---|
| Site: | HI-STORE |
| Issue date: | 05/08/2023 |
| From: | Office of Nuclear Material Safety and Safeguards |
| To: | |
| References | |
| Download: ML23097A171 (19) | |
Text
Review of New and Potentially Significant Information for the Holtec Environmental Impact Statement for a Consolidated Interim Storage Facility for Spent Nuclear Fuel in Lea County, New Mexico
U.S. Nuclear Regulatory Commission Office of Nuclear Material Safety and Safeguards Washington, DC 20555-0001
U.S. Bureau of Land Management Carlsbad Field Office Carlsbad, New Mexico
Office of Nuclear Material Safety and Safeguards
April 2023
SUMMARY
This report provides a review of new and potentially significant information considered following the publication of NUREG-2237, Environmental Impact Statement for the Holtec Internationals License Application Request for a Conso lidated Interim Storage Facility for Spent Nuclear Fuel and High Level Waste, dated July 2022 (NRC, 2022a ), as supplemented in Octobe r 2022 (NRC, 2022b). The purpose of this review process is to support a decision whether a supplement to the environmental impact statement (EIS) is required in accordance with Title 10 of the Code of Federal Regulations (10 CFR) 51.92(a).
The U.S. Nuclear Regulatory Commission (NRC), in cooperation with the U.S. Bureau of Land Management (BLM) Carlsbad Field Office, prepared the EIS as part of its environmental review of the Holtec Internationals (Holtec) license application to construct and operate a consolidated interim storage facility (CISF) for spent nuclear fuel (SNF) and Greater-Than-Class C waste, along with a small quantity of mixed oxide fuel. The New Mexico Environment Department (NMED) participated in the environmental review as a cooperating agency by providing special expertise for water resources in and around the proposed site. The NMEDs participation in the environmental review does not imply NMED concurrence in the final EIS or its conclusions.
As described more fully in the EIS, the proposed CISF would be located in southeast New Mexico at a site located approximately halfway between the cities of Carlsbad and Hobbs, New Mexico. The EIS includes the NRC staffs evaluation of the environmental impacts of the proposed action and the No-Action alternative. The proposed action is the issuance of an NRC license authorizing the initial phase (Phase 1) of the project to store up to 8, 680 metric tons of uranium (MTUs) [9,568 short tons] in 500 canisters for a license period of 40 years. Holtec plans to subsequently request amendments to the license to store an additional 500 canisters for each of 19 expansion phases of the proposed CISF (a total of 20 phases),
to be completed over the course of 20 years, and to expand the proposed facility to eventually store up to 10,000 canisters of SNF.
Holtecs expansion of the propos ed project (i.e., Phases 2-20) is not part of the proposed action considered as part of this licensing review. However, as a matter of discretion, the NRC staff considered these expansion phases in its description of the affected envir onment and impact determinations in the EIS, where appropriate, when the environmental impacts of the potential future expansion could be determined to conduct a bounded analysis for the proposed CISF project. For the bounding analysis, the NRC staff assumed the storage of up to 10,000 canisters of SNF. The final EIS (NRC, 2022a) documents the NRC staffs analysis, which considered and weighed the impacts of constructing and operating the proposed Holtec CISF. The EIS S upplement (NRC, 2022b) was issue d to address comments that were inadvertently omitted from the Final EIS comment response appendix, but no changes were warranted to the final EIS as a result of those comments.
The NRC staff began conducting its safety review of the CISF ap plication in parallel with the environmental review, and issues concerning the safety of the facility, the facility design, and the impact of external events on the proposed facility are addressed in that review. Specific safety issues are beyond the scope of the EIS. Holtec submitted its safety analysis report (SAR) as part of its license application, and the NRC staff reviewed the SAR while preparing the draft and Final EIS. After NRC published the EIS and supplement, portions of Holtecs SAR were revised, and the NRC staff prepared a
April 2023 iii Review of New and Potentially Significant Information Considered for NUREG-2237 safety evaluation report (SER) documenting its safety review and conclusions. Because of the lapse in time between publication of the final EIS and the SER, the NRC staff reviewed changes to Holtecs SAR (Holtec, 2023a), responses to Requests for Additional Informati on (RAIs) issued after the publication of the final EIS (Holtec 2023b; 2022a, 2022b, 2022c), the NRC staf fs SER (NRC, 2023), and other public information sources to determine whether any new information wa s available that might impact the conclusions in the EIS; in particular, identifying any information that would result in a seriously different picture of the environmental impact of the Federal action or reveal previously unanalyzed impacts.
The NRC staff identified new and potentially significant information after the publication of NUREG-2237 and its supplement for review, as discussed in this document. Specifically, in November 2022, the U.S.
Fish and Wildlife Service (FWS) issued a final rule to list the lesser prairie-chicken in the region of the proposed Holtec CISF as endange red. Also, on December 30, 2022, the U.S. Army Corps of Engineers (USACE) and Environmental Protection Agency (EPA) announced the final revised definition of Waters of the United States (WOTUS) rule and subsequently published the rule on January 18, 2023 (88 FR 3004),
to be effective March 20, 2023.
The remainder of this report documents the NRC staffs review of this new and potentially significant information relevant to NUREG-2237 and describes the process and information reviewed for all resource areas. Because the NRC staffs review concluded that t he new information is not significant that is, it does not present a seriously different picture of the environmental impact of the Federal action or reveal previously unanalyzed impactsthe NRC staff concludes that in accordance with 10 CFR 51.92(a), documenting this review process furthers the purposes of the National Environmental Policy Act of 1969, as amended (NEPA), but does not support issuing a supplement to the EIS.
April 2023 iv Review of New and Potentially Significant Information Considered for NUREG-2237 TABLE OF CONTENTS
SUMMARY
.......................................................................................................................................... iii TABLE OF CONTENTS............................................................................................................................ v LIST OF FIGURES.................................................................................................................................. vii LIST OF TABLES........................................................................................................................................... vii
1 REVIEW OF NEW AND POTENTIALLY SIGNIFICANT INFORMATION............................... 1
2 REFERENCES............................................................................................................... 10
April 2023 v Review of New and Potentially Significant Information Considered for NUREG-2237 1
LIST OF FIGURES
Page
Figure 1. 2022 Estimated Occupied Range Plus 16 Kilometers [10 Miles] for Lesser Prairie-Chicken (Source: WAFWA, 2022)............................................................................ 6
LIST OF TABLES
Page
Table 1. New and Potentially Significant Information for the P roposed Holtec CISF Project................................................................................................................................. 9
April 2023 vii Review of New and Potentially Significant Information Considered for NUREG-2237
1 REVIEW OF NEW AND POTENTIALLY SIGNIFICANT INFORMATION
The U.S. Nuclear Regulatory Commission (NRC) staff reviewed changes to Holtecs safety analysis report (SAR) (Holtec, 2023a), responses t o Requests for Additional Information (RAIs) issued after the publication of the final environmental impact statement (EIS) (Holtec, 2023b; 2022a, 2022b, 2022c), the NRC staffs safety evaluation report (SER) (NRC, 2023), and other public information sources (summarized in the bullet list below) to determine whether any new information was available that might impact the conclusions in the fina l EIS, NUREG-2237 (NRC, 2022a), as supplemented (NRC, 2022b).
Similar to how the NRC staff considered information about potential environmental impacts evaluated in the EIS, the NRC staff consid ered whether any new and potentially significant information identified for each resource area presented a seriously different picture of the environmental impact of the Federal action or revealed previously unanalyzed impacts. Table 1 summarizes specific new and potentially significant information sources that were reviewed in detail for resource areas of the EIS where potentially relevant information was identified, and whet her the information is considered significant. Additional explanation of the information reviewed that may or may not be significant is provided in the following section s for each of the resource areas. However, none of the information reviewed presents a seriously different picture of the environm ental impact of the Federal action or reveals previously unanalyzed impacts, and therefore the new information is not significant.
In addition to the applicants previously referenced application documents and the NRCs SER (NRC, 2023), public information sources that the NRC staff considered as part of this review include (but are not limited to) the following:
- Public notices, press releases, and other information posted on the New Mexico Environment Department (NMED) website
- New NMED permits and permit applications such as groundwater discharge permits, as well as new air permits and permit applications within the region near the proposed project in both Texas and New Mexico
- Public notices and press releases from Eddy County and Lea County offices and economic development offices
- Status of various applicable regulations, standards, and guidance documents used to make impact determinations in the EIS (e.g., air quality standards, species listing status, NRC transportation NUREG-2125, and radiation dose standards.)
Land Use
The NRC staff evaluated the updated SAR, responses to RAIs, and the NRCs SER to determine if any of the applicants changes would affect the EIS impact determinations with respect to Land Use in EIS Section 4.2. This evaluation checked the proposed size and accessibility of the proposed facility; plans for construction, operation, decommissioning, and reclamation o f the proposed facility; and general information sources about land use plans at the proposed project area. While the applicant made minor changes to its proposed facility plan, the overall attributes of the proposed CISF relevant to the Land Use analysis in the EIS
April 2023 1 Review of New and Potentially Significant Information Considered for NUREG-2237 remained the same. Therefore, the information is not considered new or significant, and no further consideration was warranted.
Transportation
The NRC staff evaluated the updated SAR, responses to RAIs, and the NRCs SER for potentially significant new information or changes to information considered in the transportation impact analyses in EIS Section 4.3. This evaluation checked the reported volume of construction supplies and wastes, the proposed project workforce, the number of proposed spent fuel shipments, and decommissioning waste volumes. The NRC staff also checked whether there had been any updates to NUREG-2125 (NRC, 2014),
a key reference for the EIS transportation impact analyses. The NRC staff review confirmed that the EIS considers the current version of NUREG-2125, and that the infor mation cited in the EIS that was checked remains consistent with the information presented in the most recent revision of the SAR. No new or significant information was identified, and therefore no further consideration was warranted.
Soils and Geology
The NRC staff evaluated the updated SAR, responses to RAIs, and the NRCs SER to determine if any of the applicants changes would affect the EIS impact determinations with respect to Geology and Soils in EIS Section 4.4. This evaluation checked the proposed facility size and plans for construction, operation, decommissioning, and reclamation of the proposed CISF, as well as general information sources that may affect geology and soils resources within the proposed project area. Changes in the applicants updated SAR (Holtec, 2023a) with respect to compaction and excavation at the proposed CISF were relevant to the NRCs safety review but were determined not to affect the environmental impact determinations in the EIS. Also, as noted in the water resources discussion next, the NRC staff reviewed the updated SAR Section 2.4 that included additional descriptions of the surface water conditions at and near the proposed project area. Holtec provided additional anal ysis for probable maximum flooding, which may affect soil erosion. Holtec included additional flood protection requirements (SAR Section 2.4.8) to limit soil erosion effe cts from high velocity flooding. While the probable maximum flood analysis is not directly included in the EIS analyses of geology and soils or water resources (EIS Sections 4.4 and 4.5, respectively), the EIS analyzed impacts from flood conditions on soil erosion in EIS Section 4.4.1.1. However, the changes to the applicants flooding analysis were determined not to affect the environmental impact determinations in the EIS. Flooding analysis related to safety is captured in NRCs SER. None of this information presents a seriously different picture of the environmental impact of the Federal action, and therefore no further consideration was warranted.
Water Resources
On December 30, 2022, the U.S. Army Corps of Engineers (USACE) and Environmental Protection Agency (EPA) announced the final revised definition of Waters of the U nited States (WOTUS) rule and subsequently published the rule on January 18, 2023 (88 FR 3004 ), to be effective March 20, 2023. The NRC staff reviewed this new and potentially significant information to determine whether it presents a seriously different picture of the environmental impact of the proposed action or reveals previously unanalyzed impacts.
April 2023 2 Review of New and Potentially Significant Information Considered for NUREG-2237 The NRC staff evaluated the pote ntial presence of WOTUS, including jurisdictional wetlands, within or in the immediate vicinity of the proposed CISF project area in the EIS (NUREG-2237). EIS Section 3.5.1.5 states the following:
Holtec sought and received a jurisdictional determination from the U.S. Army Corps of Engineers (USACE), which concluded that there are no Waters of the United States, including jurisdictional wetlands within or in the immediate vicinity of the proposed CISF project area (USACE, 2021).
EIS Section 4.5.1.1.1 also states that Holtec is required to obtain a Section 401 certification from NMED for any discharge to Waters of the United States (WOTUS), including jurisdictional wetlands. However, the USACE concluded there are no WOTUS at the proposed CISF nor any which would receive runoff or otherwise be impacted by the proposed project (USACE, 2021).
Therefore, Holtec will not be required to obtain a Clean Water Act Section 401 certification.
To determine whether the revised final definition of the WOTUS presents a seriously different picture of the environmental impact of the proposed action or reveals prev iously unanalyzed impacts, the NRC staff reviewed the final rule. EIS Section 3.5.1.1 explains that the surface water feat ures at the proposed Holtec site and those which would receive runoff or otherwise be impacted by the proposed project are ephemeral playa lakes, including Laguna Gatuna, Laguna Plata, Laguna Toston, and Laguna Tonto. In brief, these features are not traditional navigable waters, territorial seas, interstate waters, impoundments, tributaries, or wetlands under the revised final definition of the WOTUS, and they must meet either the relatively permanent standard or significant nexus standard to be WOTUS.
These features are generally dry but retain drainage after precipitation events. In the revised final definition of the WOTUS, relatively permanent waters do not include features with flowing or standing water for only a short duration in direct response to precipitation. While only the USACE can make final determinations for WOTUS, the playa lakes do not meet the relatively permanent standard under the revised rule.
In implementing the significant nexus standard, the USACE and EPA generally intend to analyze these features individually to determine if they significantly affect the chemical, physical, or biological integrity of a jurisdictional water. One example of the kind of water that is likely to be assessed under this provision is a lake that is close to a jurisdictional tributary or traditional navigable water, the territorial seas, or an interstate water, but that is not part of the tributary system. However, as documented in the EIS, and based on the USACEs previous determination that there are no WOTUS, including jurisdictional wetlands within or in the immediate vicinity of the proposed CISF project area, the playa lakes do not meet the significant nexus standard.
The NRC staff also reviewed the updated SAR Sections 2.4 and 2.5 that included additional descriptions of the surface and subsurface hydrology conditions at and near the proposed project area. Holtec provided additional analysis for probable maximum flooding and additional flood protection requirements (SAR Section 2.4.8) to limit soil erosion effects from high velocity flooding. As stated in the previous section, while the probable maximum flood analysis is not directly included in the EIS analyses of geology and soils or water resources (EIS Sections 4.4 and 4.5, respectively), the EIS analyzed impacts from flood conditions on soil erosion in EIS Section 4.4.1.1. Flooding analysis related to safety is captured in NRCs SER. None of this information presents a seriously different picture of the environmental impacts as evaluated in the EIS.
April 2023 3 Review of New and Potentially Significant Information Considered for NUREG-2237 Finally, the NRCs review of the updated SAR and responses to R AIs did not reveal any significant differences with respect to anticipated water use, stormwater management, or potential water resource contaminants beyond that which was evaluated in the EIS. Therefore, beyond the previously described evaluation undertaken for the WOTUS rule, no new information related to surface or groundwater was considered significant. The WOTUS rule information does not pre sent a seriously different picture of the environmental impact of the Federal action and therefore did not warrant further consideration.
Ecology
On November 25, 2022, the U.S. Fish and Wildlife Service (FWS) issued a final rule that adds two distinct population segments (DPS) of the lesser prairie-chicken (Thympanuchus pallidicinctus) to the List of Endangered and Threatened Wildlife (88 FR 4087; 87 FR 72674). The rule is effective March 27, 2023. The FWS determined that the lesser prairie-chicken population where the proposed Holtec CISF project is located, the Southern DPS, meets the definition of an endangered species. The NRC staff reviewed this new and potentially significant information to determine whether it presents a seriously different picture of the environmental impact of the Federal action or reveals previously unanalyzed impacts.
The NRC staff evaluated the presence of the lesser prairie-chicken in the EIS (NUREG-2237) and considered potential impacts from the proposed Holtec CISF on t he lesser prairie-chicken (NRC, 2022a).
The EIS notes that:
- On June 1, 2021, the FWS proposed to list two distinct populat ion segments of the lesser prairie-chicken under the ESA (86 FR 29432).
- According to BLM, the last documented lesser prairie-chicken l ek (i.e., the area where males gather to compete for females) sighting within the Carlsb ad field office boundaries was on March 15, 2011 (BLM, 2017; BLM, 2018).
- The Western Association of Fish and Wildlife Agencies maintain s the Southern Great Plains Crucial Habitat Assessment Tool (SGP CHAT), which is a s patial model that designates lesser prairie-chicken habitat and prioritizes conse rvation activities. The SGP CHAT identifies the proposed CISF project area as located withi n the lesser prairie-chickens estimated occupied range, but not within a designated focal area or connectivity zone, which are areas of the greatest importance t o the lesser prairie-chicken.
- According to the NMGFD, suitable habitat for the lesser prairi e-chicken is not present at the proposed CISF project (NMDGF, 2018).
- There are no Federally threatened, endangered, or critical hab itats that the proposed CISF project could affect, according to FWS staff (FWS, 2021).
To determine whether the listing of the lesser-prairie chicken as an endangered species in the Southern DPS presents a seriously different picture of the environmental impact of the Federal action or reveals previously unanalyzed impacts, the NRC staff reviewed the FWSs final rule as well as updated habitat
April 2023 4 Review of New and Potentially Significant Information Considered for NUREG-2237 information. The FWS final rule is very similar to the proposed rule that NRC staff reviewed and referenced in the EIS. The final rule maintains the two DPS designations, that the Southern DPS is determined to be endangered, and that critical habitat is not determinable for the lesser prairie-chicken at this time (88 FR 4087; 87 FR 72674).
The NRC also re-reviewed the bou ndary of the lesser prairie-chi cken estimated occupied range and lek locations that the Western Association of Fish and Wildlife Agencies maintain (WAFWA, 2022). The online interactive SGP CHAT information reported in the EIS describes the proposed CISF project area located within the lesser prairie-chickens estimated occupied range. However, the estimated occupied range was updated in 2022. The SGP CHAT provides a comparison of the 2013 boundary, which the EIS referenced, and the 2022 boundary (WAFWA, 2022).
The 2022 estimated occupied range plus 16 kilometers (km) [10 miles (mi)] is shown in Figure 1 and depicts the proposed Holtec CISF located 46.7 km [29 mi] south of the estimated occupied range.
Further, there are no active leks within 78.8 km [44 mi] of the proposed Holtec CISF.
The FWS final rule (87 FR 72674) states:
Consultation under section 7 of the [Endangered Species] Act is required if a Federal agency has a discretionary Federal action that may affect a listed species. Actions that do not result in effects to a listed species would not require consultation under section 7 of the Act. This may include activities taking place in areas that are not habitat for the species, where there will be no direct or indirect effects to the species.
Based on the NRC staffs review of the FWS final rule and revised habitat boundary (i.e., that potential populations and habitat are located further from the proposed CISF than originally evaluated in the EIS),
the NRC staff determine that this information neither provides a seriously different picture of the environmental impact analyzed in the EIS nor reveals previously unanalyzed impacts. Therefore, the NRC staff confirms the final EIS conclusion that the proposed Holtec CISF would have no effect on the lesser prairie-chicken, and consultation under Section 7 of the Endangered Species Act is not required.
The NRC staff also evaluated information supporting the assessm ent of radiation doses to terrestrial biota in EIS Section 4.6.1.2. The NRC staff checked cited dose rate estimates documented in Holtecs SAR shielding calculations and found revisions to these calculations in the most recent version of the SAR (Holtec, 2023a). The NRC staffs evaluation found that the magnitude of the revised dose rates was insufficient to change the applicable impact analysis conclusio ns in the EIS. Thus, the information was considered not to be significant, and no further evaluation was warranted.
April 2023 5 Review of New and Potentially Significant Information Considered for NUREG-2237 Figure 1. 2022 Estimated Occupied Range Plus 16 Kilometers [10 Miles] for Lesser Prairie-Chicken (Source: WAFWA, 2022)
Air Quality
The NRC staff evaluated the updated SAR, responses to RAIs, and the NRCs SER to determine if any of the applicants changes would affect the EIS impact determinations with respect to Air Quality in EIS Section 4.7. This evaluation checked the plans for construction, operation, decommissioning, and reclamation of the proposed facility. The NRC staff also checked general information sources about air quality in the region of the proposed area, such as air quality attainment status, air quality and greenhouse gas standards, and new air permits. Because no significant changes or new information relevant to this resource area were identified, no further consideration was warranted.
Noise and Visual and Scenic Resources
The NRC staff evaluated the updated SAR, responses to RAIs, and the NRCs SER to determine if any of the applicants changes would affect the EIS impact determinations with respect to Noise or Visual and Scenic Resources as evaluated in EIS Sections 4.8 and 4.10, respectively. This evaluation checked the applicants plans for construction, operation, decommissioning, and reclamation of the proposed facility. Because no significant changes or new information relevant to these resource areas were identified, no further consideration was warranted.
April 2023 6 Review of New and Potentially Significant Information Considered for NUREG-2237 Historic and Cultural Resources Impacts
The NRC staff evaluated the updated SAR, responses to RAIs, and the NRCs SER to determine if any of the applicants changes would affect the EIS impact determinations with respect to Historic and Cultural Resources in EIS Section 4.9. This evaluation checked the plans for construction, operation, decommissioning, and reclamation of the proposed facility. Since the publication of the EIS, Holtecs SAR Figure 2.1.6(d) has been updated to indicate that the alignment of the rail spur will be changed slightly compared to what was evaluated in the EIS. However, because the rail alignment remains within the direct Area of Potential Effects (APE) evaluated in the EIS, this change is not considered significant for the historic and cultural resou rces evaluation because excavation would take place within the previously evaluated footprint. Thus, this new information is not considered significant, and no further consideration was warranted.
Socioeconomic and Environmental Justice Impacts
The NRC staff evaluated the updated SAR, responses to RAIs, and the NRCs SER to determine if any of the applicants changes would affect the EIS impact determinations with respect to Socioeconomics and Environmental Justice analyses in EIS Sections 4.11 and 4.12, respectively. This evaluation checked the plans for construction, operation, decommissioning, and reclamation of the proposed facility, in particular for differences in size or composition of workforce or proposed schedule of construction. The NRC staff also checked general information sources to look for new and potentially significant information about regional and local economics and demographics. While minor economic and demographic changes were noted in the general information sources, this information was determined not to be significant, and no further consideration was warranted.
Public and Occupational Health
The NRC staff evaluated information relating to public and occupational dose estimates in the SAR (Holtec, 2023a) and applicant responses to RAIs to determine if any of the applicants changes would affect the EIS impact determinations with respect to the Public and Occupational Health analysis in EIS Section 4.13. The NRC staff evaluated and found the occupational and offsite dose estimates for Phase 1 (and any single phase of Phases 2-20) in the EIS that were cited to the SAR (EIS Section 4.13.1.2) were updated in the most recent version of the SAR. However, because the updated dose values in the SAR remained low (below NRC limits) the changes were not sufficient to change the applicable EIS conclusions. Therefore, the info rmation is not considered signi ficant and did not warrant further consideration.
Waste Management Impacts
The NRC staff evaluated the updated SAR, responses to RAIs, and the NRCs SER to determine if any of the applicants changes would affect the EIS impact determinations with respect to Waste Management impacts evaluated in EIS Section 4.14. This evaluation checked the plans for construction, operation, decommissioning, and reclamation of the proposed facility for significant differences in volumes of waste produced. The NRC staff also checked general information sources about waste management facilities in the area of the proposed project relevant to the EIS impact assessment, including updates to operating permits. Because no significant changes or new information relevant to this resource area were identified, no further consideration was warranted.
April 2023 7 Review of New and Potentially Significant Information Considered for NUREG-2237 Accidents
The NRC staff evaluated the updated SAR, responses to RAIs, and the NRCs SER to determine if any of the applicants changes would affect the accidents discussion in EIS Section 4.15. This EIS section contains a general summary of the safety review process and Holtec accident analysis scope. The impact conclusions are generally a nd broadly tied to satisfactory compliance findings of the safety review and not specific analysis details. Although the recent safety RAIs and SAR updates indicate further refinement of the details of the accident analyses after publication of the EIS, none of these changes were considered significant with respect to the EIS accidents discussion. Therefore, no further consideration was warranted.
Cumulative Impacts
The NRC staff evaluated the updated SAR, responses to RAIs, and the NRCs SER to determine if any of the applicants changes would affect the EIS impact determinations with respect to the Cumulative Impacts analyses in EIS Chapter 5 for any resource area. As described throughout this document, no new and significant information was identified for any of the resou rce areas that would have changed the NRCs impact determinations in the EIS. This evaluation checked for new and significant information about other actions within the timeframe of analysis described in the EIS and within the geographic scope of the analysis for each resource area, as described throughout EIS Chapter 5. The NRC staff checked general information sources such as state and regional public notices and press releases, county and regional economic development reports, and newly filed or updated NMED and Texas Commission on Environmental Quality (TCEQ) permits. In addition, the NRC staff reviewed updated SAR Section 2.2 (Holtec, 2023a) describing nearby industrial, transportation, military, and nuclear facilities. One new gas pipeline was identified, but this information was not considere d new or significant because three such pipelines in the vicinity of the proposed CISF are already cons idered in the EIS. Because no significant changes or new information relevant to cumulative impacts was i dentified, no further consideration was warranted.
Conclusion
This report documents the NRC staffs review of new and potentially significant information relevant to NUREG-2237 and describes the process and information reviewed f or all resource areas. Because the NRC staffs review concluded that newly identified information is not significantthat is, it does not present a seriously different picture of the environmental impact of the Federal action or reveal previously unanalyzed impactsthe NRC staff concludes that in accordance with 10 CFR 51.92(a),
documenting this review process furthers the purposes of the National Environmental Policy Act of 1969, as amended (NEPA), but does not support issuing a supplem ent to the EIS.
April 2023 8 Review of New and Potentially Significant Information Considered for NUREG-2237 Table 1. New and Potentially Significant Information for the Proposed Holtec CISF Project Is New ADAMS Accession No. Information Information ID or Reference for Summary of New Significant*
Resource Area New Information Information (Y/N) Resolution 001 ML23096A076 Updated Fish and N Assessment Ecology Wildlife Species List provided in report; no further update needed 002 https://www.sgpchat.org/ Southern Great Plains N Assessment Ecology Crucial Habitat provided in report; Assessment Tool no further update version 3 (SGP needed CHAT) with Lesser Prairie-Chicken Estimated Occupied Range 2022 Update 003 88 FR 4087; 87 FR 72674 Fish and Wildlife Final N Assessment Ecology Rule for Lesser Prairie-provided in report; Chicken no further update needed 002 88 FR 3004 Final revised definition N Assessment Water Resources of Waters of the United provided in report; States no further update needed
- New information is significant when it presents a seriously different picture of the environmental impact of the Federal action or reveals previously unanalyzed impacts.
April 2023 9 Review of New and Potentially Significant Information Considered for NUREG-2237 2 REFERENCES
10 CFR 51.92. Code of Federal Regulations, Title 10, Energy, § 51.92. Supplement to the final Environmental Impact Statement. Washington, DC: U.S. Government Publishing Office.
88 FR 3004. Federal Register. Vol. 86, No. 11. pp. 3,004-3,144. Revised Definition of Wat ers of the United States. Washington, DC: Government Printing Office. 2023.
88 FR 4087. Federal Register. Vol. 88, No. 15. pp. 4,087-7,089. Endangered and Threatened Wildlife and Plants; Lesser Prairie-Chicken; Threatened Status With Section 4(d) Rule for the Northern Distinct Population Segment and Endangered Status for the Southern Distinct Population Segment.
Washington, DC: Government Printing Office. 2023.
87 FR 72674. Federal Register. Vol. 87, No. 226. pp. 72,674-72,755. Endangered and Threaten ed Wildlife and Plants; Lesser Prairie-Chicken; Threatened Status With Section 4(d) Rule for the Northern Distinct Population Segment and Endangered Status for the South ern Distinct Population Segment.
Washington, DC: Government Printing Office. 2022.
86 FR 29432. Federal Register. Vol. 86, No. 106. pp. 29,432-29,482. Endangered and Threaten ed Wildlife and Plants; Lesser Prairie-Chicken; Threatened Status With Section 4(d) Rule for the Northern Distinct Population Segment and Endangered Status for the South ern Distinct Population Segment.
Washington, DC: Government Printing Office. 2021.
BLM. Fasken Oil and Ranch LLC L ease No. NMNM 033955, Baetz 23 Federal 5, Baetz 23 Federal 6. DOI-BLM-NM-P020-2018-0496-EA. Carlsbad, New Mexico: U.S. Department of the Interior Bureau of Land Management, Carlsbad Field Offi ce. 2018. (Accessed 6 November 2018)
BLM. Halfway Pasture 3 Waterline, Halfway Allotment #76021. D OI-BLM-NM-P020-2017- 0776-EA.
Carlsbad, New Mexico: U.S. Department of the Interior Bureau of Land Management, Carlsbad Field Office. 2017. (Accessed 6 November 2018)
FWS.
Subject:
Updated list of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project. Consultation Code: 02ENNM00-2018-SLI-0582. Project Name: Holtec International New Mexico Spent Nuclear Fuel Storage Facility. ADAMS Accession No. ML21257A381. Albuquerque, New Mexico: U.S. Fish and Wildlife Service. 2021.
Holtec. Licensing Report on the HI-STORE CIS Facility. Rev. 0T. ADAMS Accession No. ML23025A112.
Camden, New Jersey: Holtec International. 2023a.
Holtec. Holtec International HI-STORE CIS (Consolidated Interim Storage Facility)
Additional Supplemental Information. ADAMS Accession No. ML23020A128 Package. Camden, New Jersey: Holtec International. 2023b.
April 2023 10 Review of New and Potentially Significant Information Considered for NUREG-2237 Holtec, Holtec International HI-STORE CIS (Consolidated Interim Storage Facility)
Additional Supplemental Information. ADAMS Accession No. ML22227A157 Package. Camden, New Jersey: Holtec International. 2022a.
Holtec. Holtec International HI-STORE CIS (Consolidated Interim Storage Facility)
Additional Supplemental Information. ADAMS Accession No. ML22331A002 Package. Camden, New Jersey: Holtec International. 2022b.
Holtec. Holtec International HI-STORE CIS (Consolidated Interim Storage Facility)
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