ML23275A180
| ML23275A180 | |
| Person / Time | |
|---|---|
| Site: | 07007036 |
| Issue date: | 10/17/2023 |
| From: | Lav S NRC/NMSS/DFM/FFLB |
| To: | Peters W Niowave |
| References | |
| Download: ML23275A180 (3) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Dr. William Peters, Radiation Safety Officer Niowave, Inc.
1012 North Walnut Street Lansing, MI 48906
SUBJECT:
RESPONSE TO NIOWAVES REQUEST FOR THE U.S. NUCLEAR REGULATORY COMMISSIONS ENVIRONMENTAL REVIEW DETERMINATION FOR NIOWAVES MOLYBDENUM-99 MEDICAL ISOTOPE FACILITY BEING PLANNED IN LANSING, MICHIGAN
Dear Dr. Peters:
In its December 2022 NEPA Regulatory Plan (Agencywide Documents Access and Management System [ADAMS] Accession No. ML22342A382), Niowave requested that the U.S. Nuclear Regulatory Commission (NRC) evaluate the level of environmental review needed for a potential Title 10 of the Code of Federal Regulations (10 CFR) Part 70 application for possession and use of special nuclear material. Niowave indicated that it had concluded its application would fall under the categorical exclusion described in 10 CFR 51.22(c)(14)(xiii).
The staff has evaluated Niowaves conclusion on the applicability of a categorical exclusion in light of guidance in Appendix B to NUREG-1748, Environmental Review Guidance for Licensing Actions Associated with NMSS Programs (ML032450279), the eligibility criteria for a categorical exclusion described in 10 CFR 51.22(c), and the exception for special circumstances described in 10 CFR 51.22(b). Based on the information the staff has at this time, the staff preliminarily concludes that Niowaves application would not meet the criteria for a categorical exclusion and, in any case, special circumstances are present that support the staffs preparation of an environmental assessment, as opposed to applying a categorical exclusion or preparing an environmental impact statement.1 1 Consistent with the Categorical Exclusion Checklist guidance in NUREG-1748, Appendix B, the special circumstances present appear to include whether the action is likely to significantly affect any aspect of the natural environment or cultural environment. For example, the Staffs initial review of the proposed facility location indicated that seven threatened or endangered speciesincluding a species recently proposed for listing under the Endangered Species Acthave the potential to occur in the area of the facility, and therefore, consultation with the U.S. Fish and Wildlife Service is likely warranted. Additionally, consultation under the National Historic Preservation Act may be needed as part of this undertaking.
October 17, 2023
W. Peters 2
In accordance with 10 CFR 2.390, Public inspections, exemptions, requests for withholding, a copy of this letter will be available electronically for public inspection in the NRC Public Document Room (PDR) or from the Publicly Available Records component of the NRCs ADAMS. The ADAMS database is accessible from the NRC website at http://www.nrc.gov/reading-rm/adams.html. The PDR is open by appointment. To make an appointment to visit the PDR, please send an email to PDR.Resource@nrc.gov or call 1-800-397-4209 or 301-415-4737, between 8 a.m. and 4 p.m. eastern time (ET), Monday through Friday, except Federal holidays.
If you have any questions regarding this action, please contact Yawar Faraz at 301-415-7220 or by email to Yawar.Faraz@nrc.gov.
Sincerely, Samantha Lav, Chief Fuel Facility Licensing Branch Division of Fuel Management Office of Nuclear Material Safety and Safeguards Docket No. 07007036 cc:
Max Postman, National Nuclear Security Administration Signed by Lav, Samantha on 10/17/23
ML23275A180 OFFICE NMSS/DFM NMSS/DFM NMSS/DFM NMSS/REFS OGC NMSS/DFM NMSS/DFM NAME JTobin YFaraz JGoodridge MRome KRoach YFaraz SLav DATE 10/4/2023 10/4/2023 10/5/2023 10/10/2023 10/16/2023 10/16/2023 10/17/2023