NRC-2015-0039, Comment (7) of Patrick Donnelly on Environmental Impact Statement for the License Renewal of Columbia Fuel Fabrication Facility
| ML22046A025 | |
| Person / Time | |
|---|---|
| Site: | Westinghouse |
| Issue date: | 02/11/2022 |
| From: | Donnelly P Westinghouse |
| To: | Office of Administration |
| References | |
| 86FR53694 00007, LTR-RAC-21-10, NRC-2015-0039 | |
| Download: ML22046A025 (4) | |
Text
Westinghouse Electric Company LLC Columbia Fuel Site 5801 Bluff Road Hopkins, South Carolina 29061-9121 USA Office of Administration Direct tel: 803-647-1957 Mail Stop: TWFN-7-A60M U.S. Nuclear Regulatory Commission, e-mail: donnelpb@westinghouse.com Washington, DC 20555-0001, ATTN: Program Management, Announcements Your ref:
and Editing Staff ADD: Jean Trefethen, Our ref: LTR-RAC-21-10 SUNI Review Antoinette Walker-Complete Smith, Mary Neely Template=ADM-013 Comment (7) February 11, 2022 E-RIDS=ADM-03 Publication Date:
9/28/2021 Citation: 86 FR 53694
SUBJECT:
Transmittal of Westinghouse Electric Company LLC Supplemental Letter on the Environmental Impact Statement for the License Renewal of Columbia Fuel Fabrication Facility Draft Report for Comment [Docket ID NRC-2015-0039]
REFERENCE:
(1) NUREG-2248, Environmental Impact Statement for the License Renewal of the Columbia Fuel Fabrication Facility in Richland County, South Carolina, Draft Report for Comment (July 2021) (ML21209A213)
(2) LTR-RAC-21-57, Westinghouse Revised SNM-1107 License Renewal Application, (September 2021) (ML21263A217)
(3) Letter from M. Fite, U.S. EPA to D. Diaz-Toro, NRC (Nov. 18, 2021)
(4) U.S. EPA Specific Comments on the Draft Environmental Impact Statement for the License Renewal of the Columbia Fuel Fabrication Facility, Richland County, South Carolina (Nov. 10, 2021) (ML22018A201)
(5) LTR-RAC-21-28, Westinghouse Columbia Fuel Fabrication Facility License Renewal Environmental Commitments, (April 6, 2021) (ML21102A069)
(6) South Carolina Department of Health and Environmental Control Comments on Draft Environmental Impact Study (EIS) for the Westinghouse Columbia Fuel Fabrication Facility pursuant to National Environmental Policy Act (NEPA) (Nov. 19, 2021)
Westinghouse Electric Company LLC (Westinghouse), the applicant for license renewal for the Columbia Fuel Fabrication Facility (CFFF), in Reference (2), reviewed the comments in References (3) and (4) and requested a meeting with the U.S. Environmental Protection Agency (EPA) to clarify recent CFFF site environmental performance. The meeting occurred on February 4, 2022, with South Carolina Department of Health and Environmental Control (SCDHEC) and Nuclear Regulatory Commission (NRC) staff in attendance. At this meeting, the EPA requested that Westinghouse provide a written summary of the clarifying information discussed. Westinghouse is therefore providing supplemental information to the NRC regarding its current remedial investigation activities, environmental compliance, and other assessments which may have not been previously known to EPA. This summary is not a comprehensive response to Reference (3) or (4), rather it is a summary of the most significant clarifications provided at the February 4 meeting. Westinghouse respectfully requests that the NRC consider this letter as supplemental comments on Reference (1), the draft Environmental Impact Statement (EIS) for CFFF license renewal. Westinghouse will provide EPA with a copy for information.
© 2022 Westinghouse Electric Company LLC All Rights Reserved
WESTINGHOUSE NON-PROPRIETARY CLASS 3
Background
By way of background, Westinghouse has recently completed several significant projects to reduce the environmental risk at CFFF including closing the East Lagoon, eliminating the use of perchloroethylene in uranium recycling, and decommissioning nickel-plating operations. In addition, Westinghouse has initiated closure of CFFFs sanitary lagoon. In regard to legacy contamination, Westinghouse looks forward to continuing the cooperative work with SCDHEC under the 2019 Consent Agreement (CA) which follows the remedial approach outlined in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), thereby ensuring a deliberative, thorough, and transparent process. The CA also provides that in the unlikely event any offsite contamination is suspected, Westinghouse must immediately notify SCDHEC and perform additional off-property sampling.
Westinghouse continues to meet regularly with SCDHEC to provide project status updates and submits monthly progress reports that are made available to the public, along with other CA related documents and monitoring data, on the SCDHEC website (https://scdhec.gov/environment/environmental-sites-projects-permits-interest/westinghouse/westinghouse-bureau-land-waste-management).
All work performed under the CA requires SCDHEC approval, and Westinghouse has met its current obligations as defined in the CA. The recently completed Remedial Investigation (RI) field work has characterized historic impacts, resolved uncertainties which led to more detailed environmental reviews, and determined that legacy contamination is confined to Westinghouses property. Westinghouse is currently preparing its RI report summarizing the source, nature and extent of historic impacts. Once the RI report is approved by SCDHEC, Westinghouse has 90 days to submit a Feasibility Study (FS) Work Plan to evaluate remedial alternatives for the site.
In addition to the above and to compliment the CA, Westinghouse has proposed six commitments associated with the license renewal in a letter to the NRC (Reference 5). The first three commitments are programmatic controls at the site to further assure that future operations are safe and protective of employees, the public, and the environment.
- Westinghouse will maintain an environmental data management process to assess and detect potential trends within the environmental monitoring program. These include an extensive environmental monitoring network with established action levels well below regulatory limits.
- Westinghouse will maintain a conceptual site model to assist in decision-making and environmental monitoring assessment.
- Westinghouse will maintain a site remediation procedure that defines the risk-based decision-making process, using EPA and NRC decommissioning screening levels, that assures a predictable response to any issues in the future.
The remaining three commitments provide assurance to NRC that Westinghouse will complete its CA with SCDHEC and provide NRC with two additional opportunities to require adjustments to the environmental monitoring program based on the data acquired during execution of the CA.
- Westinghouse will complete the CA with SCDHEC, which requires implementation of the CERCLA process (e.g., RI and Risk Assessment, FS, SCDHECs Record of Decision, Remedial Design/Remedial Action (RD/RA), and completion of the RD/RA).
- Westinghouse will submit its environmental monitoring program to the NRC for review and approval upon SCDHECs approval of the RI report or within 5 years of the license renewal.
- Westinghouse will submit its environmental monitoring program to the NRC for review and approval within 90 days of submitting the CA final written report to SCDHEC.
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WESTINGHOUSE NON-PROPRIETARY CLASS 3 Supplemental Comments With respect to compliance with the Clean Air Act, in Reference (3) the EPA comment states, The EPA concerns are based on past operational incidents and violations over the past 15 years, including one which occurred as recently as August 2021. CFFF has not, however, received any violation notices in the past 15 years with respect to its compliance with the Clean Air Act from any regulatory body.
The letter goes on to state, CFFF reported to the NRC that an individual working in the facility suffered chemical burns and was contaminated with radioactive material. Please note that the August 17, 2021 injury has no relation to the sites environmental performance or the CA. The NRC reviewed Westinghouses response, no violation of NRC requirements was identified, and the issue was closed in the January 14, 2022 inspection report (NRC ADAMS Accession Number ML22012A238). Rather, the incident was appropriately managed under the sites safety procedures and the site notified NRC as required per 10 CFR 70.50. All necessary precautions were taken by the site and no contamination occurred as a result of the employees offsite treatment. In addition, corrective actions have been implemented to reinforce personal protective equipment requirements when handling nitric acid.
Reference (3) also requests further discussions of the facilitys history of non-compliance with the CA. As previously stated, Westinghouse has complied with the CA, so there is no history of non-compliance.
With respect to groundwater, Reference (4) states that, [c]ontamination has been detected at several private wells that appear to be downgradient from the facility. Contrary to this statement, there has been no contamination attributed to CFFF detected at any private wells. As SCDHEC stated in its comments to NRC (Reference 6), the overall effected environmental media from facility operations since 1969, are limited in breadth to within the site property and have little chance of affecting locations beyond.
Regarding tribal impacts, Westinghouse submitted a Cultural Resources survey to the State Historic Preservation Office (SHPO) on February 1, 2022 for review and approval. The survey did not identify significant cultural resources within the site that are eligible for the National Register of Historic Preservation (NRHP) as defined by Section 106 of the National Historic Preservation Act. The final report will incorporate comments from the SHPO and will be made public on the South Carolina Department of Archives and History website. With respect to cultural resources onsite, Westinghouse will continue to protect the Denley Cemetery and offer descendants the opportunity to visit in accordance with Section 27-43-310 of South Carolina State Law.
References (3) and (4) also call for measures, such as suggestions for additional interagency consultations and data collection, which go beyond the ordinary scope of review under 10 CFR Part 51. National Environmental Policy Act (NEPA) reviews are also governed by a practical rule of reason, which recognizes that there is always more data that could be gathered, but agencies have the discretion to draw the line on reasonably available information and move forward with impact assessment and decision making.
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WESTINGHOUSE NON-PROPRIETARY CLASS 3 In summary, we appreciate the opportunity to submit this additional information to support the NRCs response to comments on the Draft EIS and completion of the Final EIS. The licensing and environmental process that started over seven years ago has developed a detailed public record that is more than sufficient to proceed to finalize the EIS. The record supports the staffs recommendation from the Draft EIS that Westinghouses 40-year license renewal application should be approved.
Sincerely, Patrick Donnelly Acting Regulatory Affairs Manager Westinghouse Columbia Fuel Fabrication Facility Docket 70-1151 License SNM-1107 cc:
Ms. Jennifer Tobin Page 4 of 4