ML24157A184

Comment (5) E-mail Regarding Kairos Hermes 2 Draft EA

ML24157A184
Person / Time
Site:	Hermes File:Kairos Power icon.png
Issue date:	05/24/2024
From:	Public Commenter Public Commenter
To:	NRC/NMSS/DREFS
NRC/NMSS/DREFS
References
89FR32462
Download: ML24157A184 (10)

Text

From:

Emily Leonard <Emily.Leonard@tn.gov>

Sent:

Friday, May 24, 2024 2:34 PM To:

Kairos-Hermes2Environmental Resource Cc:

Peyton Doub; Mary Richmond; Jennifer Tribble

Subject:

[External_Sender] NEPA draft EA and draft FONSI-Kairos Hermes 2 -TDEC Comments Attachments:

12.6.22 TDEC Comments -Kairos Hermes Test Reactor Construction Permit.pdf; 5.24.24 TDEC Comments - Kairos Hermes 2.pdf Good afternoon, Thank you for inviting Tennessees Department of Environment and Conservation (TDEC) to comment on the draft environmental assessment (EA) and draft finding of no significant impact (FONSI) for the Hermes 2 project for Kairos Power, LLC (Kairos). Please see the attached documents to review TDECs comments on the draft EA and draft FONSI for this project.

Attachments include: 1) comments (dated 5.24.24) for specific to the draft EA and draft FONSI for Hermes and 2) a previous TDEC comments (dated 12.6.22) on the original Hermes Test Reactor projects draft environmental impact statement (EIS). TDEC refers the NRC to TDECs previous comments, submitted in December 2022, for the Draft EIS for the Kairos Hermes Test Reactor Construction Permit.

TDEC recommends a review of those previous comments to address the impacts of CERCLA activities for Hermes 2 and recommends a review of more recent CERCLA documentation associated with the ETTP K-31/33 site for a better understanding of current site conditions (including the ROD for Groundwater in the K-31/K-33 Area at the East Tennessee Technology Park, Oak Ridge, Tennessee (DOE/OR/01-2950&D2)).

Should you have any questions regarding TDECs comments, please contact me.

Thank you, Emily Leonard Emily Leonard, MPPM lSenior Policy Analyst Office of Policy & Planning Tennessee Tower, Second Floor 312 Rosa L. Parks Ave., Nashville, TN 37243 P: (615)-854-0852 emily.leonard@tn.gov We value your feedback! Please complete our customer satisfaction survey

Federal Register Notice:

89FR32462 Comment Number:

5 Mail Envelope Properties (SA1PR09MB1157814DE61D83863676E915695F52)

Subject:

[External_Sender] NEPA draft EA and draft FONSI-Kairos Hermes 2 -TDEC Comments Sent Date:

5/24/2024 2:33:35 PM Received Date:

5/24/2024 2:34:00 PM From:

Emily Leonard Created By:

Emily.Leonard@tn.gov Recipients:

"Peyton Doub" <Peyton.Doub@nrc.gov>

Tracking Status: None "Mary Richmond" <Mary.Richmond@nrc.gov>

Tracking Status: None "Jennifer Tribble" <Jennifer.Tribble@tn.gov>

Tracking Status: None "Kairos-Hermes2Environmental Resource" <Kairos-Hermes2Environmental.Resource@nrc.gov>

Tracking Status: None Post Office:

SA1PR09MB11578.namprd09.prod.outlook.com Files Size Date & Time MESSAGE 1659 5/24/2024 2:34:00 PM image001.png 8818 12.6.22 TDEC Comments -Kairos Hermes Test Reactor Construction Permit.pdf 223197 5.24.24 TDEC Comments - Kairos Hermes 2.pdf 317665 Options Priority:

Normal Return Notification:

No Reply Requested:

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December 6, 2022 Via Electronic Mail to KairosHermes-CPEIS@nrc.gov Draft Environmental Impact Statement for Kairos Hermes Test Reactor Construction Permit Comment.

Program Management Announcements and Editing Staff U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

Mr. Burnell:

The Tennessee Department of Environment and Conservation (TDEC) appreciates the opportunity to provide comments on the United States Nuclear Regulatory Commission (NRC) draft Environmental Impact Statement for the Construction Permit for the Kairos Hermes Test Reactor (Draft EIS), concerning Kairos Powers application for a permit to build a test version of the companys advanced reactor design, called Hermes, in Oak Ridge, Tennessee. Kairos filed an application on Sept. 29, 2021, seeking a permit to build a 35-megawatt, non-power reactor, which uses molten salt to cool the reactor core. Kairos plans to build and operate Hermes to demonstrate key elements of the Kairos Power Fluoride Salt-Cooled, High Temperature Reactor (KP-FHR) technology for possible future commercial deployment. The company will have to submit a separate application for an operating license for the test reactor in the future.

This Draft EIS evaluates the environmental impacts of the proposed action and considers the following two alternatives to the proposed action:

Alternative 1: The No-Action Alternative - The NRC would not issue a construction permit to Kairos to build a test reactor to demonstrate the KP-FHR technology, and Kairos could not build the proposed Hermes reactor.

Alternative 2: Building the Proposed Hermes Non-Power Test Reactor at a Site Near Idaho Falls, Idaho - The NRC would issue a construction permit for Kairos to build the Hermes reactor on a federally owned property in eastern Idaho, approximately twenty miles west of Idaho Falls, Idaho.

TDEC is the environmental and natural resource regulatory agency in Tennessee with delegated responsibility from the U.S. Environmental Protection Agency (EPA) to regulate sources of air pollution; solid and hazardous waste; underground storage tanks; and water resources. TDEC has reviewed the Draft EIS and has the following comments regarding the proposed project:

Water Resources The proposed project will require an individual stormwater construction permit (CGP), including a project-specific Surface Water Pollution Prevention Plan (SWPPP).1 A Tennessee Multi-Sector Permit will also be required.2 It is unclear from the Draft EIS if any discharges into the Oak Ridge municipal sewer system would require pre-treatment; Kairos should consult with the Oak Ridge pre-treatment coordinator as well as the TDEC Division of Water Resources pre-treatment coordinator before making any discharges into the Oak Ridge municipal sewer system.

Air Pollution Control TDEC appreciates Kairos proposed measures to mitigate air quality impacts from fugitive dust and their commitment to minimize the impacts of the project on air quality. TDEC also recommends that all construction equipment employed on site be well maintained and equipped with the latest emissions control equipment, and that unnecessary vehicle idling be discouraged.

The initial project will not involve the demolition or renovation of facilities, but the Draft EIS projects that the facilities built as part of this project will be demolished at the end of the test period. Be advised that there are federal regulations enforced by the EPA and TDEC regarding asbestos renovation and demolition activity.3 These regulations apply to any facilities proposed to be demolished. When any structures are proposed to be demolished, an asbestos demolition notification must be provided in advance, and proper pre-demolition surveys should be conducted to identify any regulated asbestos containing material (ACM) present. Prior to any demolition, all facilities must to be examined for ACM, and all potential ACM in the buildings proposed for demolition must be handled and disposed of according to the applicable federal, state, and local regulations.

Table 3-3 of the Draft EIS provides estimates of air emissions during facility operation. This table projects annual emissions of nitrogen oxides (NOx) of 20.65 tons per year (TPY). Be advised that construction and operating permits may be required, and any fuel-burning sources with potential NOx emissions of five TPY or more will be required to utilize low-NOx burners. Note that the header of the second column is mislabeled as Emissions During Construction (TPY).

Remediation - Oak Ridge TDEC notes that the Draft EIS does not include a discussion of the ongoing Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) activities occurring within or around the Project Site area.

The Draft EIS states several times that DOE has remediated the land environmentally and released it for industrial use. TDEC encourages NRC to clarify this statement in the final EIS by detailing that soils have been designated for industrial use to 10 feet below ground surface (ft bgs). Groundwater and media below 10 feet have not been mentioned in the Draft EIS and are currently being addressed within ongoing CERCLA activities.

The Draft EIS notes that significant excavation below 10ft bgs is planned for this site to support the Kairos Hermes test reactor. Excavation at this depth will require an Excavation/Penetration Permit (EPP) from the United 1 https://www.tn.gov/environment/permit-permits/water-permits1/npdes-permits1/npdes-stormwater-permitting-program/npdes-stormwater-construction-permit.html 2 https://www.tn.gov/environment/permit-permits/water-permits1/npdes-permits1/npdes-stormwater-permitting-program/npdes-industrial-stormwater-general-permit/npdes-stormwater-multi-sector-general-permit-for-industrial-activities-tnr050000.html 3 See TAPCR 1200-03-11-.02; https://www.epa.gov/asbestos/asbestos-laws-and-regulations.

States Department of Energy (DOE) for this site. TDEC encourages NRC to include a discussion of this permitting requirement, as well as a soil management plan which may be addressed through the EPP program, in the final EIS. Groundwater and other environmental media below 10ft bgs will not be addressed until current and future CERCLA actions are completed. Based on unknown conditions below 10ft bgs, TDEC recommends baseline sampling to determine if there are CERCLA contaminants that may be mobilized by site preparations.

The Draft EIS identifies existing infrastructure on the site in Figure 1-1 on page 1-2 and notes stormwater collected in the stormwater pond would be discharged to an existing outfall on page 2-16 of the supporting document Kairos 2021-TN7880. The Final EIS should include a detailed discussion of stormwater management plans at the site to confirm alignment with DOE CERCLA activities. These stormwater management plans can be addressed through the EPP program. Two of the identified outfalls (outfalls 694 and 690, respectively) have been recorded discharging mercury and PCBs that exceed human health ambient water quality criteria (AWQC).

Outfall 694 was plugged and abandoned in Federal FY22.4 The K-897-A oil/water separator was evaluated as a source of PCBs. TDEC has been informed the entirety of the outfall 690 collection system will be grouted in place.5 The footprint of the proposed stormwater pond falls on top of the outfall 690 stormwater collection network. Considering this infrastructure will be grouted in-place, TDEC requests that the Final EIS address how this may affect the construction of a stormwater pond in this area. TDEC also encourages the NRC to clarify in the Final EIS whether previous storm drain system sampling results been taken into consideration with the blending of future construction and operational discharges covered by the NPDES permits.

TDEC encourages the NRC to consider including a statement under the Hydrogeology and water resources row in Table ES-1 of the Executive Summary (Page xvi) detailing how dewatering activities may impact groundwater flow in the area. It is unclear from the Draft EIS how the proposed stormwater pond will be constructed. If the stormwater pond will allow for infiltration of stormwater into the subsurface, will this impact existing CERCLA groundwater activities? For example, the footprint of the proposed stormwater pond and potential subsurface infiltration of water falls within an area of CERCLA groundwater action (existing monitoring well UNW-083) that may impact the proposed monitored natural attenuation (MNA) remedy for groundwater in this general area.

The Final EIS should evaluate whether monitoring well UNW-083 must be abandoned to allow for pond construction.

TDEC encourages the NRC to edit Section 3.3.2.1 Affected Environment (Page 3-22; Paragraph starting at Line

34) in the Final EIS to acknowledge that, although current water quality is expected to be poor, CERCLA actions are underway to remediate and restore groundwater within the Project Site area to beneficial reuse. Any actions taken at this site will be required to comply with state and federal water regulations. As such, this section would benefit from a discussion about the ongoing CERCLA groundwater activities and include the list of contaminants that are present in groundwater at concentrations greater than federal and state numerical standards if relevant.

In Section 3.3.2.2 Environmental Consequences of Construction (Page4 3-24; Line 7), the excavation depths for the ancillary buildings are estimated to be approximately 10 ft bgs. Based on the reported encountered depth to water of 6 to 8 ft bgs (TN7880), is it anticipated that dewatering will be necessary during construction of these ancillary buildings, and will dewatering continue during operations? If so, the Final EIS should discuss management of potentially contaminated groundwater and coordination with the EPP program.

4 United Cleanup Oak Ridge, LLC prepared for the US Department of Energy. 2022 Remediation Effectiveness Report for the U.S. Department of Energy Oak Ridge Site Oak Ridge, Tennessee (DOE/OR/01-2916&D2). August 2022. Pg. E-20.

5 Ibid. Pg. E-23 and E-25.

In Section 3.3.2.2 Environmental Consequences of Construction (Page 3-24; Line 14), an estimated 2.2 million gallons of water may be extracted as a consequence of dewatering of the reactor excavation pit. TDEC encourages the Final EIS to elaborate on plans for dewatering and under what permit authority this groundwater will be discharged, as the construction stormwater permit is limited to stormwater controls.

As outlined in Section 3.3.2.2 Environmental Consequences of Construction (Page 3-24; Line 17), temporary dewatering of the reactor excavation pit could potentially create a gradient towards the excavation impacting planned CERCLA activities. Evaluation of the impacts to CERCLA groundwater operations should be considered through the EPP program.

TDEC notes that the OF200 Mercury Treatment Facility is not operational and is not planned to be operational until 2025 (Referenced Document Kairos 2021-TN-7880, Section 3.4.3.1.1, Page 3-69).

TDEC appreciates the opportunity to comment on this Draft EIS. Please note that these comments are not indicative of approval or disapproval of the proposed project, nor should they be interpreted as an indication regarding future permitting decisions by TDEC. Please contact me should you have any questions regarding these comments.

Sincerely, Bryan Davidson l Policy Analyst Office of Policy and Planning, TDEC William R. Snodgrass Tennessee Tower 312 Rosa L Parks Ave, 2nd Floor Nashville, TN 37243 Email: Bryan.Davidson@tn.gov Phone: 615-393-0359

May 24, 2024 Via Electronic Mail to Kairos-Hermes2Environmental@nrc.gov Draft environmental assessment and draft finding no significant impact for Kairos Hermes 2 Test Reactors Construction Permit Comment Program Management Announcements and Editing Staff U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001

Dear J. Peyton Doub:

The Tennessee Department of Environment and Conservation (TDEC) appreciates the opportunity to provide comments on the United States Nuclear Regulatory Commissions (NRC) completed draft environmental assessment (EA) and a draft finding of no significant impact (FONSI) for a construction permit (CP) application submitted by Kairos Power, LLC (Kairos) for two non-power test reactors referred to collectively as Hermes 2. The two CPs, if issued, would authorize the construction of the two Hermes 2 reactors on a 185-acre site located in Oak Ridge, Tennessee, adjacent to the Hermes reactor, for which Kairos received a CP from the NRC in 2023 (ML23338A258). The Hermes 2 reactors would demonstrate additional key elements of the Kairos Power Fluoride Salt-Cooled, High Temperature Reactor Technology for possible future commercial deployment.

The draft EA and draft FONSI evaluate the environmental impacts associated with the proposed action (construction, operation, and decommissioning of two Hermes 2 reactors in Oak Ridge, Tennessee) and the following two alternatives:

Alternative 1: The No-Action Alternative - The NRC would not issue a construction permits authorizing construction of the two proposed Hermes 2 non-power reactors, and Kairos could not construct, operate, and decommission the proposed Hermes 2 reactors at the proposed site in Oak Ridge, TN.

Alternative 2: Building the Proposed Hermes 2 at a site in Eagle Rock, Idaho - The NRC would issue a construction permit to Kairos authorizing construction, operation, and decommissioning for the two proposed Hermes 2 non-power reactors at a site in Eagle Rock, Idaho.

TDEC is the environmental and natural resource regulatory agency in Tennessee with delegated responsibility from the U.S. Environmental Protection Agency (EPA) to regulate sources of air pollution; solid and hazardous waste; underground storage tanks; and water resources. TDEC has reviewed the draft EA and draft FONSI and offers the following comments regarding the proposed project:

General Comments TDEC reiterates the need for NRC to adhere to conditions of the quitclaim deed, including the required Excavation/Penetration Permit needed for working at depths below 10 feet below ground surface, and to work with the U.S. Department of Energy and the regulatory agencies (TDEC and EPA) to ensure all permitting is in place and environmental regulatory and health and safety requirements applicable to the site are met.

Currently, this draft EA does not include a significant discussion of the ongoing Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) activities occurring within or around the chosen site, nor does it fully address impacts to existing groundwater contaminant plumes and impacts to groundwater flow from dewatering activities during construction. This draft EA also specifies use of the existing storm drain network and associated infrastructure, which is currently being capped and grouted in place and includes some outfalls that have been identified as sources of contamination exceeding human health criteria. TDEC requests that these topics be addressed in the final EA and final FONSI.

TDEC refers the NRC to TDECs previous comments, submitted in December 2022, for the Draft EIS for the Kairos Hermes Test Reactor Construction Permit. TDEC recommends a review of those previous comments to address the impacts of CERCLA activities for Hermes 2 and recommends a review of more recent CERCLA documentation associated with the ETTP K-31/33 site for a better understanding of current site conditions (including the ROD for Groundwater in the K-31/K-33 Area at the East Tennessee Technology Park, Oak Ridge, Tennessee (DOE/OR/01-2950&D2)).

Specific Comments

1.

p. xviii-xx, Table ES-1 This table lists the impact levels of the Hermes 2 Reactor. For example, under Land Use and Visual Resources the impact level is SMALL, What are the impacts throughout the table with the inclusion of the first Hermes reactor? The first reactor has been approved, so have there been any calculations for both reactors operating together on one parcel of land? If both reactors have a SMALL impact individually, do both reactors together still have a SMALL impact or does it elevate to a MODERATE impact? TDEC requests that these questions be addressed in the final EA and final FONSI.

2.

p. 3-9, Section 3.3.1.1, Hydrogeology - Affected Environment, lines 24-25 This section mentions that soil remediation was conducted to a depth of 10ft. The NRC should clarify in the final EA and final FONSI that soil was only remediated up to 10ft. Soil excavation was not site wide, but only at locations identified at levels higher than risk levels set as part of the DOE Zone 2 Record of Decision (DOE/OR/01-2161&D2),

3.

p. 3-11, Section 3.3.2.1 Water Resources - Affected Environment, lines 20-24 Contaminants of concern in groundwater listed in this section should be updated in the final EA and final FONSI.

This section states that VOCs and PCBs are the primary contaminants of concern. DOE, EPA, and TDEC are currently in the process of implementing a record of decision for groundwater in the K-31/K-33 area. DOE investigations leading up to the record of decision have identified the following contaminants listed below as contaminants of concern in the K-31/K-33 area:

Alpha activity Antimony Arsenic Beryllium, Chromium (including hexavalent chromium)

Lead Nickel More information can be found in the Record of Decision for Groundwater in the K-31/K-33 Area at the East Tennessee Technology Park, Oak Ridge, Tennessee (DOE/OR/01-2950&D2). TDEC requests that this information be reflected in the final EA and final FONSI.

4.

p. 3-12 Section 3.3.2.2 Environmental Consequences of Construction: Stormwater runoff from construction activities would be mitigated by a stormwater pollution prevention plan (SWPP) and other BMPs.

This statement is not fully accurate. Stormwater runoff from construction sites would be effectively mitigated by ensuring compliance with the Stormwater Pollution Prevention Plan (SWPPP). This includes the proper installation, regular maintenance & inspection of BMPs. TDEC requests that this be updated in the final EA and final FONSI.

5.

p. 3-12 Section 3.3.2.4 Environmental Consequences of Decommissioning: Stormwater runoff from decommissioning activities would be mitigated by a SWPP and BMPs similar to those used during construction.

This statement is similar as the comments above.

6.

p. 3-13 Section 3.3.2.6

Conclusion:

Compliance with Federal, State, and local regulations regarding the handling of stormwater will ensure any stormwater runoff impacts are small or mitigated to be small.

TDEC suggests that the NRC clarify the definition of small in the final EA and final FONSI.

7.

p. 3-13, Section 3.4.1 Affected Environment: NRC staff searched the U.S. Fish and Wildlife Service (FWS) Information for Planning and Consultation database and generated a species list...

The U.S. FWS database provides a complete list of federally listed threatened and endangered species. It, however, does not include State listed threatened, endangered, or In Need of Management species (ex: Bachmans Sparrow, Northern Pine Snake, Prairie Goldenrod, etc.). State listed species should be considered and evaluated for impact with this project [TN 70-08-103, 70-8-104(c), 70-08-106(e), 70-08-309(a)]. Additionally, Tables 3-2 and 3-3 should be updated with State-listed species in the final EA and final FONSI.

8.

p. 3-14, Section 3.4.2, Environmental Impacts of Construction: lands disturbed but not permanently occupied by the new facilities would be restored to herbaceous grassland TDEC recommends a change to state that lands would be restored to native herbaceous grassland to reduce the impact of invasive, or non-native species colonization in the final EA and final FONSI.

TDEC appreciates the opportunity to comment on this draft EA and draft FONSI. Please note that these comments are not indicative of approval or disapproval of the proposed project, nor should they be interpreted as an indication regarding future permitting decisions by TDEC. Please contact me should you have any questions regarding these comments.

Sincerely, Emily Leonard l Senior Policy Analyst Office of Policy and Planning, TDEC 500 James Robertson Parkway Davy Crockett Tower Nashville, TN 3724-0582 Email: Emily.Leonard@tn.gov Phone: 615-854-0852