NUREG-0158, Notifies That NRC Has Completed Review of Environ Statutes as Promised in .Summary of NRC Responsibilities Under Various Environ Statutes Encl
| ML19282C694 | |
| Person / Time | |
|---|---|
| Issue date: | 03/16/1979 |
| From: | Harold Denton Office of Nuclear Reactor Regulation |
| To: | Way R INTERIOR, DEPT. OF |
| Shared Package | |
| ML19282C695 | List: |
| References | |
| RTR-NUREG-0158, RTR-NUREG-158 NUDOCS 7903300582 | |
| Download: ML19282C694 (10) | |
Text
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UNITED STATES
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NUCLEAR REGULATORY COT.t?.ilsslON f[ikg;jf/j WASlH NG TON, D. C. 20555
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.m U.S. Department of the Interior ATTN: Mr. Ron Way, Chairman Environmental Statute Task Force Main Interior, Room 3153 Washington, D. C.
20240 Gentlemen:
As promised in my letter to you dated December 19, 1978, my staff has completed the review of numerous Environmental Statutes, as requested by Mr. Cecil Andrus, Secretary of the Department of the Interior, in his letter dated November 16, 1978.
Based on this review we have prepared a summary (Enclosure 1) of our responsibilities under these various Environmental Statutes.
We have also prepared a brief summary (Enclosure 2) of the regulations and procedures developed by us to carry out responsibilities under the various statutes described in Enclosure 1.
It should be noted that we conduct a systematic, interdisciplinary review of the environmental impact of our licensing activities. Although this process is conducted primarily in response to Section 102(2)(c) of the National Environmental Policy Act, the review is sufficiently broad that we fulfill our respon-sibility to observe the Congressional policy associated with the Envt:on-mental Statutes described in Enclosure 1.
If you have any questions concerning this matter, please contact Fred Hebdon (492-7066) cf my staff.
CF- ' '":m:! by i
, H.2. C:r.t:a Harold R. Denton, Director Office of Nuclear Reactor Regulation
Enclosures:
As stated 7903sooS37g
SULIARY OF llRC RESP 0:lSIBillTIES 1.
Cican Mater Act fiRC's first duty under the Clean Water Act is to take note, pursuant to the authority in NEPA, of the Congressional policy enunciated in 33 U.S.C.
1251 to restore and maintain the chemical, physical, and biological integrity of the Nation's waters.
Nonetheless, the Act precludes agencies such as flRC from using flEPA to review aiy effluent liuitation or other requirement established by EPA or a State permitting authority or the Corps of Engineers, or to review the adequacy of any certification of compliance under 33 U.S.C. 1341.
This same section prohibits flRC from imposing, as a condition precedent to the issuance of any license or permit, any effluent limitation other than a limitation established by appropriate authorities under the Clean Water Act.
33 U.S.C. 1371.
Accordingly, the Commission's substantive responsibilities under the Act are limited.
Perhaps the most important affirmative responsibility is contained in 33 U.S.C. 1341, which provides that ilRC must require any applicant for an NRC license or permit to conduct any activity involving a discharge into the navigable waters, to provide NRC a certification from the appropriate State or other authority that any such discharge will comply with applicable Clean Water Act requirements, unless such certification is waived.
Further, the Commission mu?t refrain from enter-ing into any contract with persons or at facilities that have been fcund to violate Clean Water Act requirements pursuant to 33 U.S.C. 1319(c).
33 U.S.C. 1368.
Finally, under various provisions of the Act, flP.C will remain available for cppropriate consultation, coordination and coopera-tion.
E.g., 33 U.S.C. 1252, 1375.
2.
Coastal Zone Mcnacement Act s
In accordance with its authority under flEPA, the flRC takes into consider-ation the Congressional policy in the Coastal Zone Management Act of effective management and use of the coastal zones while protecting the ecological, scenic, and other values they possess (16 U.S.C.1451);
and when involved in activities directly affecting the coastal zone, I
the Commission will, as a policy matter, act in a nanner which is, to the maximum extent practicable, consistent with approved State coastal zone management programs.
16 U.S.C. 1456.
Any applicant for a required Federal license or permit to conduct an activity affecting land or water uses in the coastal zone of a State with a Federally-approved management program shall provide in the application to the licensing or permitting agency a certification that the proposed activity complies with the State's approved program and that such activity will be conducted in a manner consistent with the program.
With certain exceptions, State concurrence in this certification is a prerequisite to the Federal permit or license.
Id. Finally, the Act requires that NRC shall remain available for appropriate consultation, coordination, and cooperation.
16 U.S.C.
1456, 1456c.
. 3.
D_eejgater Port Act Uhen appropriate, NRC will take into acccunt in its NEPA consideraticns the Congressional policy of the Deepwater Port Act to authorize and regu-late deepwater ports in a manner designed to protect the marine environ-ment and foster United States interests in deepwater ports.
33 U.S.C.
1501.
The NRC will recognize (especially in the siting of floating nuclear power plants) those designated zones surrounding deepuater ports in which no installations, structures, or uses will be permitted that are incompatible with the operation of the deepwater port (33 U.S.C.
1509), and regulate activities licensable by NRC connected with deepwater ports in the same manner as if such port were an area of exclusive Federal jurisdiction within a State (33 U.S.C. 1518).
4.
Estuary Protection Act i
In exercising its responsibilities under NEPA, NRC will take into account the Congressional policy that consideration shall be given to the con-i servation of estuaries, so that a balance might be maintained between conservation and development.
16 U.S.C. 1221.
In such a context, NRC also recognizes as a policy matter the Act's provision that in planning for the use and development of water and land resources, the Federal Government shall give censideration to estuaries and their natural resources.
16 U.S.C. 1224.
5.
Federal Water Project Recreation Act As part of its NEPA considerations, the NRC notes the Congressional policy that in planning Federal water resources projects, consideration shall be given to recreation and fish and wildlife enhancement.
16 U.S.C. 4601-12.
URC, however, has no discernible duties under the Federal Water Project Recreation Act.
URC's functions concern the licensing of nuclear facili-ties or materials, rather than the construction of Federal water resources projects.
6.
Fish and Wildlife Coordination Act Through its NEPA procedures, the Commission observes the Congressional policy that fish and wildlife conservation shall receive equal considera-tion and shall be coordinated with other features of water resource development.
I6 U.S.C. 661.
Further, the Act provides that whenever the waters of any stream or other body of water are controlled or modified for any purpose by any public o private agency under Federal permit or license, such department or agency first shall consult with the United States Fish and Wildlife Service and with the head of the agency exercis-ing administration over the wildlife resources of the particular State.
16 U.S.C. 662.
The NRC complies with this provision by complying with NEPA, for:
. The courts have held that coa.pliance with !! EPA uill auto-matically satisfy the requirements of FWCA and that there will be no need separately to comply with FWCA.
- v. t'orton, 400 F. Supp. 610, 640 at note 47, (ll.D. Cal. 19/S).
7.
IM ine Protection, Research, and Sanctuaries Act Under the thrine Protection, Research, and Sanctuaries Act, the f;RC, where appropriate, tches into consideration in its t! EPA procedures the Congressicnal policy to regulate all dumping into the oceans and recognizes (expecially with regard to licensing of floating nuclear pcuer plants)
I that no permit, license, or other authorization issued pursuant to f;RC authority shall be valid regarding a designated marine sanctuary unless the Secretary of Comerce certifies that the permitted activity is consist-ent with the purposes of this Act and can be carried out within the j
regulations promulgated to protect marine sanctuaries.
33 U.S.C. 1401, 1432.
The Commission will also remain availabic for consultation and coordination with other Federal agencies (33 U.S.C.1417,1442), especially where ocean dumping of t;RC-licensed materials may be involved.
8.
Safe Drinking Water Act I
The flRC takes note of the require;aants for EPA permits for certain under-ground injection, which may touch upon i;RC-licensed injection uranium recovery or disposal of f!RC-licensed uranium mill tailings, 42 U.S.C.
300h, 300h-3.
Further, the f1RC will remain available for appropriate censultaticn and cooperation with other agencies.
42 U.S.C. 300h, 300j-9.
9.
Water Bank Act Pursuant to the Uater Bank Act, ?!RC in its f1 EPA activities recognizes the Congressional policy that it is in the public interest to restore, pre-serve, and otherwise care for the wetlands of the Nation (16 U.S.C.1301) and will remain available for consultation and coordination with the Secretary of Agriculture when appropriate.
16 U.S.C. 1309.
10.
Wild and Scenic Rivers Act The ?!RC ~ observes the Congressional policy set forth ir 16 II.S.C.1271 that certain selected rivers with outstanding scenic, recrea...N1, fish and wildlife, and other values shall be preserved in free-flowing condition.
As part of its l{ EPA duties, flRC takes into consideration potential national wild, scenic, and recreational river areas.
16 U.S.C. 1276.
More specifically, the NRC shall inform the Secretary of the Interior (and the Secretary of Agriculture in the case of national forest lands) of any proceedings, studies, or other activities within its jurisdiction which are now in progress (or are comenced or resumed) and which affect or may affect any of the rivers listed in the Act.
16 U.S.C. 1278.
The
_4 f!RC shall also refrain from assisting by grant, loan, license or otheraise in the construction of any water resources project that would have a direct and adverse effect on the values for thich a wild and scenic river was chosen or for which a river under study might be designated, as determined by the appropriate Secretary.
Id. Finally, the !!RC shall remain available for consultation and coordination with other acencies, as appropriate.
16 U.S.C. 1283.
11.
" Archeological and Historic Preservation Act of 1974" fiRC observes the Congressional policy and purpose established in this Act to preserve historical and archeological data that may be endangered by federally sponsored or permitted flooding or alteration of the terrain.
16 U.S.C. 469.
Upon realization or appropriate notice that an flRC-I licensed activity (especially uranium mill tailings dams constructed with fiRC approval) may cause certain irreparable losses to significant data, the agency must notify the Secretary of the Interior in writing, I
giving information about the site and the project.
16 U.S.C. 469a-l.
l The f;RC recognizes that the Secretary of Interior may then intervene t
and conduct a survey and collect the imperilled data, and the f!RC shall remain available for appropriate coordination with the Secretary of i
{
Interior and certain other 'nterested parties.
f4RC also realizes that befoi ? any agency may issue a license for the construction of a dam, it shall give notice to the Secretary of the Interior in writing so tiiat a survey of archeological and historic data in the area may be made, altrough certain snali dams and reservoirs i
i are exempt.
16 U.S.C. 469a.
12.
Endangered Species Act f4RC observes the Congressional policy that all Federal departnents and agencies shall seek to conserve endangered species and threatened species and shall utilize their authorities in furtherance of this policy.
16 l
U.S.C. 1531. To this end, fiRC shall, in consultation with the Secretary of i
the Interior, insure that any action authorized, funded, or carried out l
by f;RC does not jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse l
modification of the hebitat of such species unless an exemption has been obtained.
16 U.S.C. 1536(a).
The !!RC will also perfunn biological assess-ments as necessary.
16 U.S.C.1536(c).
fiRC further recognizes that no agency or permit or license applicant may make any irreversible or irre-trievable commitment of resources that could foreclose alternatives that would mitigate damage to endangered or threatened species (16 U.S.C.
1536(d)), and observes the prohibition against the taking of, commerce in, and other detrimental acticns toward endangered species (16 U.S.C.
1538).
Uhere appropriate, !!RC will follow the procedures for requesting an exemption.
16 U.S.C. 1536(g), 1536(h).
. 13.
.[cdcral Assistence, Resources Conservation and Development Project Act Pursuant to its ?! EPA responsibilities, the liRC recognizes the Ccngressional 8
policy authorizing the Departncnt of Agriculture to centrol soil erosion, protect fish and wildlife, and engage in other conservaticn and development activities.
7 U.S.C. 1010.
1lhere appropriate, t!RC will remain available for cooperation with the Department of Agriculture in developing plans i
for the conservation, development, and utilization of water for aquacultural purposes and to assist in carrying out such plans.
7 U.S.C. 1011.
14.
_fiational Environmental Policy Act Pursuant to flEPA, the i;RC observes the Congressicnal policy of protection and restoration of the environmant (42 U.S.C. 4321, 4331), and will endeavor to adninister ana interpret law in accordance with the national cnviron-mental policy (42 U.S.C. 4322(1)).
Under 42 U.S.C. 4322(2), ilRC shall:
use a systematic, interdisciplinary approach toward environmental issues; identify and develop ways of giving environmental factors appropriate consideration in decision-making; prepare an environmental impact state-ment for proposals or recommendations for legislation or major Federal actions significantly affecting the quality of the human environment; in preparing an EIS, consult with agencies having expertise in areas involved; study, de"elop and describe appropriate alternatives; recognize the worldwide character of environmental problems; make available informa-tion useful in preserving and restoring the environmer.t; initiate and use ecological information in the planning and development of resource-oriented projects; and assist the Council on Environmental Vality.
IIRC has reviewed agency procedures, authority and practices for consistency with environmental policies, in accordance with 42 U.S.C. 4333.
15.
flational Historic Preservation Act ilRC observes the policy expressed in this Act that the historical and cultural foundations of the t!ation shculd be preserved as a living part of our commun" y in order to give a sense of orientation to the American people.
16 U.S.C. 470.
Prior to isssance of a license, itRC will take into account the effect of the undertaking of any district, site, build-ing, structure, or object that is included on or is eligible for inclusion in the flational Register, and afford the Advisory Council on Historic Preservation a reasonable opportunity to connent with regard to such undertaking.
16 U.S.C. 470f.
Finally, the i1RC will remain available for consultation, coordination, and cooperation as appropriate.
16 U.S.C.
470j,470k.
. 16.
Resource Conservation and Recovery Act of 1976 Pursuant to fiEPA, flRC notes the Congressional findings and objectives of this legislation that materials should be recycled, solid waste should be examined as a possible energy source, and better wa:te disposal should improve the health and the environment 42 U.S.C. 6901, 6902.
Although the provisions of this Act do not apply to I;RC-licensed materials such as source, special nuclear, or by-product materials (42 U.S.C. 6903(5),
it is to be integrated, to the maximum extent possible, with other acts (42 U.S.C. 6941). (EPA used to regulate uranium mill tail.ngs under the Resource Conservation and Recovery Act, but the Mill Tailings Radiation Control Act of 1978 gave this responsibility to flRC, while retaining EPA standard-setting authority in this area.
(Pub. L. ilo.95-604 55 201, 206.)) The NRC will also cooperate to the maximum extent permitted by law with EPA in carrying out this Act (42 U.S.C. 6963), and will remain available for appropriate consultation, cooperation, and coordination (42 U.S.C. 6907, 6922, 6924, 6941, 6942).
Further, in its f1 EPA consid-erations the 11RC will take into account State or regional waste plans (42 U.S.C. 6941).
[1RC will also follow the procurement requirements of maximizing purchases of items made of recycled materials (42 U.S.C.
6962).
17.
Soil and Water Conservation Act In its 11 EPA responsibilities, iiRC will note the Congressional findings and policy that there is a growing demand on soil, water and related resources and a ne9d for a coordinated approach, and that the Department of Agriculture will conduct a program for the conservation of such resources.
16 U.S.C. 2001, 2003. Aside from rcmaining available for appropriate consultation, coordination, and cooperation (16 U.S.C.
2004,2005,2003), and taking note of the national soil and water conservation land use program (16 U.S.C. 2005), f4RC has no discernible duties under this Act.
18.
Surface liining Control and Reclamation Act of 1977 Chapter 7 of the Atomic Energy Act of 1954, as amended, provides for !!PC regulation of source material "after removal from its place of deposit in nature," i.e., after mining.
Thus NRC has no discernible responsi-bilities under this Act, except perhaps to take note of the Congressional findings and purpose that any surface mining operations result in dis-turbances of surface areas that have adverse affects on the environment and future utility of the land, and that this Act establishes a prcgram to protect society fr ~ tWse adverse impacts.
30 U.S.C. 1201, 1202.
Further, NRC will r m '1 available, where acpropriate, for consultation, coordination, ar; & w ation in the execution of this Act.
30 U.S.C.
1226, 1243, 17 m
- 19. Watershed Pentection and Flcod Prevention Act Aside from noting in its NEPA determinations the Congressional policy that the Federal Government should cooperate with the States and their political subdivisions for the purpose of preventing damage to and preserving the Nation's water and land resources, iiRC has no discernible functions under this Act.
- 20. Federal Land Policy and Management Act of 1976, 43 U.S.C. 86 1701(a),
1712(a),1712(c)
As a NEPA consideration, NRC notes the Congressional policy that the public lands be managed in a manner that will protect the quality of scientific, scenic, ecological, and other values and that regulations to that effect be promptly developed. 43 U.S.C.1701(a).
Further, the NRC recognizes the land use plans developed by the Secretary of the j
Interior pursuant to this Act.
43 U.S.C. 1712(a), 1712(c).
l
- 21. National Forest Management Act of 1976,16 U.S.C. 8 1604(g) 1 j
The NRC, pursuant to NEPA, takes note of the land management plans develop-ed by the Department of Agriculture for National Forests pursuant to this Act.
16 U.S.C.1604(g)
- 22. Outer Continental Shelf Lands Act, 43 U.S.C. 661334,1331(d) l Since NRC has no involvement with mineral leasing on the Outer Continental Shelf, it has no discernible duties under this legislation.
- 23. Research and Development in Nonnuclear Energy Sources, 42 U.S.C.
5 5912 Since NRC has no involvement with nonnuclear energy development, it has no discernible duties under this legislation.
24.
Rivers and Harbors Act of 1899, 33 U.S.C. 9 403 NRC recognizes that a Corps of Engineers permit is required for any obstruction or modification of navigable waters.
25.
Soil Conservation and Domestic Allotment Act of 1935,16 U.S.C.
55 590g(a), 590h(b)
NRC will, in its NEPA considerations, recognize 'he Congressional policy to protect rivers anc' harbors against soil erosion in aid of navigation and to prevent and abate agricultural pollution.
16 U.S.C. 590g(a).
~w.
SU:OMRI 0F REGULATIONS AND PROCEDURES 10 CFR Part 51 - Licensing and Regulatory Policy and Procedures for Environmental Protection This part sets forth the Nuclear Regulatory Commission policy and procedures for the preparation and processing of environmental impact statements and related documents pursuant to Section 102(2)(c) of the National Envircnmental Pclicy Act of 1969 in connection with the Commission's licensing and regulatory activities.
Regulatory Guide 3.8 - Preparation of Environmental Reports for Uranium Mills Regulatory Guide 4.2 (Revision 2) - Preparation of Environmental Reports for Nuclear Power Stations Regulatory Guide 4.9 (Revision 1) - Preparation of Environmental Reports for Commercial Uranium Enrichment Facilities i
Regulatory Guide 6.7 (Revision 1) - Preparation of an Environmental Report to Support a Rule-Nking Petition Seeking an Exemption for a Radionuclide - Containing Product.
These guides identify the information that must be provided to the NRC staff to support its assessment of the potential environmental effects of various activities licenced and/or regulated by the NRC.
In some cases, guidance concerning the content of license applications for l
other NRC regulated facilities (e.g. Independent Spent Fuel Storage Instal-lations) adopts Regulatory Guide 4.2 as an acceptable guide for the preparation of an environmental report associated with such facilities.
f Environmental Standard Review Plans (NUREG-0158 Parts I, II, and III)
In the past the environmental review of proposed nuclear power stations conducted by the NRC staff has been guided by numerous staff positions and practices which were developed in response to specific problems.
In January 1977 the staff began issuing draft Environmental Standard Review Plans (ESRP).
These ESRPs are the result of a systematic, interdisciplinary attempt to codify the environmental review process as it relates to the preparation of Environmental Impact Statements.
One goal of the use of ESRPs' is to ensure appropriate consideration, including coordination and consultation, of Federal and State requirements applicable to a particular environmental review.
. Consideration of the requirements of the various Environmental Statutes will continue to be incorporated in the appropriate ESRPs. It is currently anticipated that the ESRPs will be finalized within the next few mcnths.
Once adopted, the ESRPs will be used to guide the environmental review of all applications for permits to construct or operate a nuclear power station.
The ESRPs will also be used as the basis for a revision to Reg. Guide 4.2 It is not anticipated that the ESRPs will be formally adopted as the guide for the review of other facilities licensed by the flRC (e.g. uranium mills).
The environmental review of such facilities are conducted on a case-by-case basis depending on the specific characteristics and associated environmental impacts of the facility under review.
.