ML23033A671

Federal Register Notice - GE-Hitachi Nuclear Energy Americas, LLC, Nuclear Test Reactor

ML23033A671
Person / Time
Site:	Vallecitos Nuclear Center
Issue date:	03/17/2023
From:	Joshua Borromeo NRC/NRR/DANU/UNPL
To:
Shared Package
ML23033A673:ML23033A670	List: ML23033A671 ML23033A672
References
NRC-2023-0051, 88FR17274
Download: ML23033A671 (24)

Text

[7590-01P]

NUCLEAR REGULATORY COMMISSION

[Docket No.50-073; NRC-2023-0051]

GE-Hitachi Nuclear Energy Americas, LLC

Nuclear Test Reactor

AGENCY: Nuclear Regulatory Commission.

ACTION: Environmental assessment and finding of no significant impact; issuance.

SUMMARY

The U.S. Nuclear Regulatory Commission (NRC) is considering renewal of

Facility License No. R-33, held by the GE-Hitachi Nuclear Energy Americas, LLC

(GE-Hitachi or the licensee), for the continued operation of the Nuclear Test Reactor

(NTR or the reactor), located on the Vallecitos Nuclear Center (VNC) site in Sunol,

Alameda County, CA. The NRC is issuing an environmental assessment (EA) and

finding of no significant impact (FONSI) associated with the proposed action.

DATES: The EA and FONSI referenced in this document are available on March 22,

2023.

ADDRESSES: Please refer to Docket ID NRC-2023-0051 when contacting the NRC

about the availability of information regarding this document. You may obtain publicly

available information related to this document using any of the following methods:

Federal Rulemaking Website: Go to https://www.regulations.gov and

search for Docket ID NRC-2023-0051. Address questions about Docket IDs in

Regulations.gov to Stacy Schumann; telephone: 301-415-0624; email:

Stacy.Schumann@nrc.gov. For technical questions, contact the individual listed in the

For Further Information Contact section of this document.

NRCs Agencywide Documents Access and Management System

(ADAMS): You may obtain publicly available documents online in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the

search, select Begin Web-based ADAMS Search. For problems with ADAMS, please

contact the NRCs Public Document Room (PDR) reference staff by phone at 1-800-397-

4209 or 301-415-4737, or by email to PDR.Resource@nrc.gov. For the convenience of

the reader, the ADAMS accession numbers are provided in a table in the Availability of

Documents section of this document.

NRCs PDR: You may examine and purchase copies of public documents,

by appointment, at the NRCs PDR, Room P1 B35, One White Flint North, 11555

Rockville Pike, Rockville, Maryland 20852. 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.

FOR FURTHER INFORMATION CONTACT: Duane Hardesty, Office of Nuclear

Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-

0001; telephone: 301-415-3724; email: Duane.Hardesty@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Introduction

The NRC is considering issuance of a renewed Facility Operating License No.

R-33, held by GE-Hitachi, which would authorize continued operation of its NTR, located

on the VNC site in Sunol, Alameda County, CA. The renewed license would authorize

continued operation of the NTR for an additional 20 years from the date of issuance of

the renewed license.

As required by Section 51.21 of title 10 of the Code of Federal Regulations

(10 CFR), Criteria for and identification of licensing and regulatory actions requiring 2

environmental assessments, the NRC staff prepared this EA documenting its

environmental review. Based on the results of the environmental review as documented

in the EA that follows, the NRC has determined not to prepare an environmental impact

statement for the proposed renewed license and is issuing a FONSI in accordance with

10 CFR 51.32, Finding of no significant impact.

II. Environmental Assessment

Facility Site and Environs

The NTR at the Vallecitos Nuclear Center is a heterogeneous, high-enriched-

uranium, graphite-moderated and reflected light-water-cooled thermal reactor. It is

licensed to operate at a power level of up to 100 kilowatts thermal (kWt) and has been in

operation since 1957. The NTR is fueled by highly enriched uranium-aluminum alloy

disks clad with aluminum.

The NTR lies within the VNC site on the north side of Vallecitos Valley in Sunol,

Alameda County, CA. The site slopes upwards from 400 feet (122 meters (m)) above

mean sea level (MSL) at its relatively flat southern end to 1,200 feet (366 m) above MSL

along a northern ridge. The southern end of the property drains southwest through

ditches to Vallecitos Creek, which then discharges to Arroyo de la Laguna near the north

end of Sunol Valley. Vallecitos Valley is approximately 2 miles (3.2 kilometers (km))

long and 1 mile (1.6 km) wide and primarily consists of undeveloped grasslands. The

towns of Pleasanton and Livermore lie approximately 4 miles (6.4 km) north and 5 miles

(8 km) northeast of the VNC site, respectively. Fremont lies approximately 8 miles (12.9

km) southwest of the site.

The NTR is housed within Building 105 of the VNC site. Building 105 lies on a

135-acre (54.7-hectare (ha)) parcel in the southwest quadrant of the site. In addition to 3

the NTR, the building contains offices, laboratories, and storage areas. This area of the

site also includes several other buildings and high structures, including a 15-foot-tall

(4.6-m) gas-fired boiler exhaust stack and several single and multistory buildings,

including Buildings 102, 103, and 106. Additionally, the site contains three other reactor

facilities: Vallecitos Boiling-Water Reactor (DPR-1), Empire State Atomic Development

Agency Vallecitos Experimental Superheat Reactor (DR-10), and GE Test Reactor

(TR-1). DPR-1 and DR-10 are permanently shutdown and in active decommissioning.

TR-1 is permanently shutdown and currently in SAFSTOR (i.e., Safe Storage) under a

possession-only license. Figures 1 and 2 in GE-Hitachis Environmental Report (ER)

(included in the list of documents associated with the license renewal application and

can be found in Section III Availability of Documents at the end of this notice) provide a

map of the VNC site and an aerial photograph of the sites developed area, respectively.

The descriptions of the NTR facility, the site, and the surrounding environs in this EA

originate from GE-Hitachis ER or GE-Hitachis Safety Analysis Report (SAR) (included

in the list of documents associated with the license renewal application and can be found

in Section III Availability of Documents at the end of this notice) unless otherwise cited.

Within Building 105, the NTR is housed within a thick-walled, reinforced concrete

Reactor Cell that includes the reactor, reactor control mechanisms, coolant system, and

a fuel loading tank. Penetrations into the Reactor Cell provide for passing water, electric

power, and air into and out of the cell. The Reactor Cell confines airborne radioactivity

and provides for controlled release through an exhaust stack. The stack is 45 feet

(13.7 m) above grade level and 9 feet (2.7 m) above the highest point of Building 105. In

addition to the Reactor Cell, the NTR includes the Control Room, North Room, South

Cell, and Set-up Room. The Reactor Cell and these rooms collectively comprise the 4

NTR and are included within the 10 CFR Part 20, Standards for Protection Against

Radiation, Restricted Area wherein radiological controls are implemented for personnel

safety.

The Control Room contains the control console, an operator work area, and

space for equipment and experiment preparation. Personnel in the Control Room may

experience dose rates of 0.6 millirem per hour (mrem/h) during typical reactor operation

and up to 2 mrem/h when the aperture (an opening that will allow neutrons to pass

through it surrounded by neutron absorbing materials) between the Reactor Cell and the

South Cell is open during neutrography operations. The North Room provides access to

the north neutron radiography position inside the shielded, concrete monument, as well

as the access station for the cable held retractable irradiation facility. The South Cell is

a concrete shielded room that provides access to the thermal column, horizontal facility,

and the south neutron radiography position. It also contains apertures to the North

Room for neutron radiography. The Set-up Room contains storage and space for

experiment set-up prior to irradiation or testing.

GE-Hitachi typically operates the NTR for one shift, 5 days per week for a total

annual average of approximately 700 full-power hours per year. During operation, the

primary coolant core outlet temperature is typically 124 degrees Fahrenheit (°F) (51.1

degrees Celsius (°C)). This results in a delta of 20°F (-6.7°C) (across the primary to

secondary cooling water heat exchanger. Secondary cooling water temperature is

usually below 95°F (35°C) and rarely exceeds 100°F (37.7°C). Upon leaving the heat

exchanger, secondary cooling water flows to the facility drain, which discharges to

50,000-gallon (189,270-liter) site retention basins. GE-Hitachi samples water in these

basins to ensure it contains no radioactive material prior to release. During this process, 5

the wastewater cools to ambient temperature. From the retention basins, GE-Hitachi

releases the cooled wastewater through an onsite sprinkler irrigation system. To ensure

that these releases do not create buildup of trace byproducts in soil runoff, GE-Hitachi

periodically samples sediment in the discharge swale at the southeast end of the VNC

property.

The NTR shares many facilities and equipment in Building 105 with other

laboratory facilities housed within the building. These include potable water, fire

protection, emergency supplies and support, heating, ventilation, and air conditioning,

AC electrical distribution, and compressed air.

A detailed description of the NTR and its operations can be found in GE-Hitachis

SAR (included in the list of documents associated with the license renewal application

and can be found in Section III Availability of Documents at the end of this notice)

submitted as part of its renewal application.

Description of the Proposed Action

The proposed action would renew Facility Operating License No. R-33 for a

period of 20 years from the date of issuance of the renewed license. The proposed

action would authorize GE-Hitachi to operate the NTR at a nominal steady-state power

of 100 kWt. The proposed action is in accordance with the licensees application dated

November 19, 2020, and supplements dated September 22, 2021; April 22, 2022 and

September 15, 2022; and January 27, 2023. The NRC issued the initial facility operating

license on October 31, 1957. The NRC subsequently issued renewed facility operating

licenses on December 28, 1984, and April 20, 2001. The current facility operating

license was set to expire at midnight on April 20, 2021. In accordance with

6 10 CFR 2.109, Effect of timely renewal application, the existing license remains in

effect until the NRC takes final action on the renewal application.

Need for the Proposed Action

The proposed action is needed to allow the continued operation of the NTR to

provide irradiation services for (1) neutron radiography (neutrography) of radioactive and

nonradioactive objects, (2) small sample irradiation and activation, (3) sensitive reactivity

characterizations of reactor fuel cladding material, (4) training, and (5) calibrations and

other testing utilizing a neutron flux for the U.S. Department of Defense (DOD),

U.S. national laboratories, and U.S. private industry. A significant use of the facility is

the performance of neutron radiography on energetic devices used for DOD applications

and the space industry. The NTR is currently one of two facilities in the United States

that provides this service.

Environmental Impacts of the Proposed Action

The environmental impacts of the proposed action are described in this EA. As

discussed further, the proposed action will not have a significant environmental impact.

In addition, the proposed action will not require any physical changes to the facility, and

the impacts are similar to those occurring during past operations. Separate from this

EA, the NRC staff is performing a safety evaluation, which will be available with the

renewed license, if issued.

Radiological Impacts

Environmental Effects of Reactor Operations

Gaseous radioactive effluents resulting from the routine operation of the NTR are

released to the environment from the reactor building from an exhaust stack on the roof

after passing through a prefilter and a bank of HEPA filters. The NTR stack discharge 7

length is 45 ft (14 m). Argon (Ar)-41 is by far the most significant radionuclide released

as a gaseous effluent during normal reactor operations. The maximum release of Ar-41

would occur from continuous operation at full power. GE-Hitachi provided airborne

radiological effluent releases for calendar year 2018 as an example of the releases

tracked at the NTR indicating that the total noble gases releases from the stack

was 190 curies (Ci), the majority of which is Ar-41. NRC staff confirmed the releases

of 190 Ci in GE-Hitachis annual report and determined that it is reasonable to assume

most of the releases are due to Ar-41 given that it would be conservative to assume this

for dose calculations. The licensees methodology for determining stack release rate

action levels and limits ensures that doses to members of the public due to airborne

releases are at or below the 10 CFR 20.1101(d) limit of 10 mrem per year. This meets

the 100 mrem per year (mrem/yr) (1 millisieverts per year (mSv/yr) dose equivalent to

the maximally exposed individual in 10 CFR Part 20.1301, Dose limits for individual

members of the public.

The only liquid radiation source for the NTR is the primary coolant, but no

radioactive liquid effluents are discharged from the facility. The primary coolant is

regularly sampled to monitor fuel leakage into the primary coolant, which is vented into a

holdup tank prior to reactor startup. The amount of water vented into the holdup tank is

small enough that it evaporates, and the tank does not fill. Dose rate measurements of

the reactor holdup tank show that no-long lived radionuclides accumulate in the tank.

The total amount of liquid waste generated is from the primary coolant sampling, which

is approximately one liter per sample. This sample waste is disposed of with the other

laboratory waste.

8 Solid radioactive waste generated from reactor operations at the NTR are

primarily contaminated paper and plastic, filters, and resins. Shipments of solid

radioactive low-level waste consist of one to three cubic feet (less than one cubic meter)

of contaminated material per year with activity in the order of millicuries. Once

transferred, the low level waste broker ships and disposes of the waste in accordance

with applicable regulations for radioactive materials.

No spent (irradiated) fuel will be permanently stored within the NTR during the

license renewal term. If it is necessary to remove a fuel assembly, it is transferred to the

fuel loading tank and special arrangements are made to use a shielded transfer cask

and storage facilities elsewhere on the site. The U.S. Department of Energy (DOE)

provides fuel for use at the NTR. GE-Hitachi has entered into a contract with DOE

whereby the DOE retains title to the fuel and is obligated to take all NTR spent nuclear

fuel from the site for final disposition. GEH does not anticipate any changes in spent fuel

handling during the proposed license renewal term.

As described in Chapter 11, Radiation Protection Program/Waste Management,

of the NTR SAR and verified through NRC staff review of the licensees annual reports

for the 5 years of operation from 2016 through 2020, personnel exposures are well

within the limits set by 10 CFR Part 20.1201, Occupational dose limits for adults, and

are as low as reasonably achievable in accordance with 10 CFR 20.1101(b). The

licensee tracks exposures of personnel monitored with dosimeters, and the annual

reports for the 5 years show that the personnel exposures (total effective dose

equivalent) were usually less than one percent of the occupational limit of 5,000 mrem

(50 mSv) per year. The greatest individual exposure (annual) over the last 5 years was

9 876 mrem (8.76 mSv). No changes in reactor operation that would lead to an increase

in occupational dose are expected or proposed as a result of the proposed action.

The radiation monitoring systems associated with reactor operations at the NTR

are provided and maintained as a means of ensuring compliance with radiation limits

established under 10 CFR Part 20. The monitoring systems consist of remote area

monitors, continuous air monitor, portable radiation survey instruments, hand and foot

counter, fixed air filters, and stack monitor system, as described in Section 11.1.4,

Radiation Monitoring and Surveying, of the SAR. The stack monitor system measures

particulate and noble gases, respectively, that are exhausted through the NTR exhaust

stack.

The licensee has an environmental radiation program that measures radiation

exposure in and around the VNC facility. The environmental radiation monitoring

program surveys groundwater, stream sediments, vegetation, storm water, direct

gamma radiation, gaseous effluents (which includes 4 air monitoring stations and 20

gamma radiation monitoring locations).

The licensee also obtains water samples to ensure no releases into water

pathways. The water samples are analyzed for gross alpha, beta, and tritium. Soil and

vegetation samples are analyzed for gross beta and undergo gamma spectroscopy.

These samples and dosimetry are analyzed and documented in the annual effluent and

environmental reports. Review of the annual reports over the last 5 years of operation

(2016 through 2021) shows no discernible radiological effect of NTR operations on the

environment.

Based on the review of monitoring data for the period 2016 through 2021, the

NRC staff concludes that operation of the NTR does not have any significant radiological 10 impact on the surrounding environment. No changes in reactor operation that would

affect offsite radiation levels are expected or proposed as a result of the proposed

action. Therefore, the NRC staff finds that the proposed action would not have a

significant radiological impact.

Environmental Effects of Accidents

Accident scenarios are discussed in Chapter 13, Accident Analysis, of the NTR

SAR. The accidents analyzed in Chapter 13 range from anticipated events to a

postulated fission product release with radiological consequences that exceed those of

any accident considered to be credible. The licensee considers a single-mode

nonviolent failure of 50 mg of uranium-235 powder in a singly encapsulated container

followed by release of fission products as the maximum hypothetical accident for the

NTR. This accident would involve the release of material to the reactor cell area and

into the environment with no credit taken for filtration of the release by the NTR stack

filter system. The licensee uses this scenario to calculate the maximum concentration of

fission products that might be present in the reactor cell. The licensee calculated doses

to facility personnel during a 5 minute evacuation duration, and also calculated the dose

to a member of the public outside the facility during the 2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br /> it would take the

released radioactive material to pass. The licensee estimated an occupational dose of

500 mrem (5 mSv), and a dose of 100 mrem (1 mSv) to the maximally-exposed member

of the public.

Separate from this EA, the NRC staff is reviewing GE-Hitachi's accident analyses

of the potential radiological consequences that may result from the proposed license

renewal. The results of the NRC staff's safety review will be documented in a safety

evaluation report that will be made publicly available. If the NRC staff concludes that the 11 radiological consequences are within 10 CFR Part 20 dose limits, then GE-Hitachi's

accident analyses and the proposed action would not have a significant impact with

respect to radiological consequences.

Conclusion - Radiological Impacts

In the application for license renewal, the licensee has not proposed any physical

changes to the reactor facility design, or adverse changes to facility operating conditions,

that would significantly affect facility operation; therefore, there would be no changes in

the types or quantities of routine effluents that may be released off site. The licensee

has systems in place for controlling the release of radiological effluents and implements

a radiation protection program to monitor personnel exposures and releases of

radioactive effluents. Accordingly, there would be no increase in routine occupational or

public radiation exposure as a result of the proposed action. Based on the information

previously discussed, the NRC staff finds that the proposed action will not significantly

increase the probability and consequences of accidents.

The license renewal would not significantly change reactor operations. As

previously discussed, information in the application and data reported to the NRC by the

licensee for the last 5 years of reactor operation were evaluated to determine the

radiological impact. The NRC staff found that releases of radioactive material and

personnel exposures were all well within applicable regulatory limits. Based on this

evaluation, the NRC staff finds that the continued operation of the reactor would have no

significant radiological impacts.

Non-Radiological Impacts

The proposed action does not involve any change in the operation of the reactor

or change in the emissions or heat load dissipated to the environment. No new 12 construction or other land disturbing activities are proposed. The proposed action would

not result in any land use changes or increase in noise or air emissions, and would not

have a significant impact on air quality, noise, visual resources, or ecological resources.

Monitoring results of surface and ground water among other media are reported

according to NTR and other site licensing requirements. Treated sanitary and industrial

wastewater was disposed of onsite by an irrigation system. No surface runoff of sanitary

or industrial waste occurred. Groundwater was monitored for gross alpha, gross beta,

Strontium (Sr)-90 and tritium. Review of the last 5 years of analytical results of collected

groundwater samples (2016 through 2021), shows that the GE-Hitachi is in compliance

with all license requirements issued by the NRC, and NTR operation has no discernible

effect on groundwater quality.

GE-Hitachi uses three drainage systems at the VNC site: industrial, sanitary,

and storm. The industrial (non-cooling contact water) and sanitary wastewater

discharge nonradioactive effluent into any of the four 50,000-gallon (189,270-liter)

retention basins located in the southwest corner of the site, which store the water for

nonpotable purposes (e.g., landscape watering). There have been no discharges to

surface waters from these retention basins since July 2003. The industrial wastewater

has been discharged directly through onsite irrigation while the sanitary wastewater is

first processed (for example through chlorination) and then sprayed onto VNC property

by an irrigation system in a designated area. The storm water at the facility drains

through a series of essentially natural ditches that merge before exiting the southwest

corner of the site and emptying into Vallecitos Creek.

Groundwater level at the VNC site varies greatly, ranging from a few feet below

ground surface (near Retention Basins 2 and 3) to 30 to 40 feet (9.1 - 12.2 m) below 13 ground surface (northwest of the road leading to the water tank). Groundwater at the

site generally flows toward the southwest at an estimated velocity of about 0.01 ft/day

(.003 m/day) (in clays) to 8 ft/day (2.4 m/day) (in gravels) depending on the clay content.

GE-Hitachi conducts effluent monitoring and environmental surveillance

programs to ensure compliance with effluent release limits as described in in

10 CFR Part 20, Appendix B, Annual Limits on Intake (ALIs) and Derived Air

Concentrations (DACs) of Radionuclides for Occupational Exposure; Effluent

Concentrations; Concentrations for Release to Sewerage, and to monitor any potential

impacts on the environments around the VNC facilities. The effluent monitoring program

includes measuring gross alpha and gross beta particle activity in water discharged

through the site sanitary and industrial wastewater systems, as well as measuring tritium

levels in sanitary wastewater. The environmental surveillance program monitors gross

alpha and gross beta in sediments from neighboring streams, groundwater, and

vegetation at locations near or beyond the site perimeter and monitoring Cobalt (Co)-60

and Cesuim (Cs)-137 in stream sediment.

Recent records from the facilitys effluent monitoring program show that in

monthly testing of industrial effluent, gross alpha varied from nondetectable to

4.96 picoCuries per liter (pCi/L), and gross beta from 0.79 pCi/L to 6.14 pCi/L. In 2021,

tritium was detected from 24 pCi/L to 633 pCi/L in the industrial effluent. Compared to

industrial effluents, monthly testing of sanitary effluents generally showed lower levels of

radioactivity. In 2021, the highest concentrations of gross alpha measured in sanitary

effluent was 3.71 pCi/L, gross beta was 5.39 pCi/L, and tritium was 485 pCi/L. As part of

the environmental surveillance program, the facility tests stream sediment at locations

near or beyond the site perimeter. In 2021 testing of stream sediment, gross alpha was 14 detected at 4.73 Ci/L, gross beta at 1.6 pCi/L, and both Co-60 and Cs137 were not

detected.

GE-Hitachi monitors groundwater at the VNC site quarterly by collecting from

eight wells located on or near the VNC site. The samples are analyzed for gross alpha,

gross beta, tritium, and Sr-90. In 2021, the highest levels of gross alpha and gross beta

detected were 6.51 pCi/L and 4 pCi/L, respectively. In 2021, the highest level of tritium

detected in the groundwater was 857 pCi/L.

In summary, effluent discharges from the VNC site comply with the facilitys

industrial and sanitary wastewater discharge limits as described in licenses issued by

the NRC and the California Department of Health. No direct surface runoff of processed

sanitary or industrial wastewater occurred in 2021. The impacts of the continued

operation of the NTR on surface water and groundwater are minimal. Hazardous

chemicals may be used in experiments at the NTR, but no releases of potentially

hazardous chemicals to the environment occur during normal facility operation.

Therefore, the NRC staff concludes that the proposed action would have no significant

non-radiological impacts.

Other Applicable Environmental Laws

In addition to the National Environmental Policy Act, which requires Federal

agencies to consider the environmental impacts of proposed actions, the NRC has

responsibilities that are derived from other environmental laws, which include the

Endangered Species Act (ESA), Coastal Zone Management Act (CZMA), Fish and

Wildlife Coordination Act (FWCA), National Historic Preservation Act (NHPA), and

Executive Order 12898, Federal Actions to Address Environmental Justice in Minority

15 Populations and Low-Income Populations. The following presents a brief discussion of

impacts associated with resources protected by these laws and related requirements.

Endangered Species Act

The ESA was enacted to prevent further decline of endangered and threatened

species and to restore those species and their critical habitat. Section 7 of the ESA

requires Federal agencies to consult with the U.S. Fish and Wildlife Service (FWS) or

National Marine Fisheries Service regarding actions that may affect listed species or

designated critical habitats. The NRC staff conducted a search of federally listed

species and critical habitats that have the potential to occur in the vicinity of the NTR

using the FWSs Environmental Conservation Online System Information for Planning

and Conservation system.

The FWS-generated report from this system identifies nine federally listed

species that occur or potentially occur within the vicinity of the VNC site: San Joaquin kit

fox (Vulpes macrotis mutica), California least tern (Sterna antillarum browni), Alameda

whipsnake (Masticophis lateralis euryxanthus), California red-legged frog (Rana

draytonii), California tiger salamander (Ambrystoma californiense), delta smelt

(Hypomesus transpacificus), bay checkerspot butterfly (Euphydryas editha bayensis),

San Bruno elfin butterfly (Callophrys mossii bayensis), and vernal pool fairy shrimp

(Branchinecta lynchi). No critical habitats occur in the area.

The VNC site lacks suitable aquatic features for the California red-legged frog,

California tiger salamander, delta smelt, and vernal pool fairy shrimp. While the

remaining species may be present in the broader area, the VNC site itself is small and

developed and does not provide suitable habitat. Additionally, operation of the NTR has

no direct nexus to the natural environment that could affect these species. Accordingly, 16 the NRC staff concludes that the proposed license renewal of NTR would have no effect

on federally listed species or critical habitats. Federal agencies are not required to

consult with the FWS if they determine that an action will not affect listed species or

critical habitats. Thus, the ESA does not require consultation for the proposed NTR

license renewal, and the NRC staff considers its obligations under ESA Section 7 to be

fulfilled for the proposed action.

Coastal Zone Management Act

The CZMA, in part, encourages States to preserve, protect, develop, and, where

possible, restore coastal resources. Individual States are responsible for developing a

federally approved Coastal Management Plan and implementing a coastal management

program in accordance with such a plan. Section 307(c)(3)(A) of the CZMA requires that

applicants for Federal permits whose proposed activities could reasonably affect coastal

zones certify to the licensing agency (here, the NRC) that the proposed activity would be

consistent with the states coastal management program. Alameda County is not within

California's approved coastal zone, and, therefore, a consistency determination is not

required for the proposed action.

Fish and Wildlife Coordination Act

The FWCA requires Federal agencies that license water resource development

projects to consult with the FWS (or National Marine Fisheries Service, when applicable)

and the State wildlife resource agencies regarding the potential impacts of the project on

fish and wildlife resources.

The proposed action does not involve any water resource development projects,

including any of the modifications relating to impounding a body of water, damming,

diverting a stream or river, deepening a channel, irrigation, or altering a body of water for 17 navigation or drainage. Therefore, no coordination with other agencies pursuant to the

FWCA is required for the proposed action.

National Historic Preservation Act

The NHPA requires Federal agencies to consider the effects of their

undertakings on historic properties. As stated in the NHPA, historic properties are any

prehistoric or historic district, site, building, structure, or object included in, or eligible for

inclusion in the National Register of Historic Places. By electronic mail dated

November 21, 2022, the State Historic Preservation Officer (SHPO) for the State of

California, indicated that the proposed renewal of the NTR license does not require

construction, ground disturbing activities, or changes to the reactor facility design. The

SHPO also indicated that no historic properties existed in the area of potential effects

(which includes the VNC site); and, there were no objections to the proposed license

renewal. Based on this information, the NRC staff finds that the proposed license

renewal and the continued operation of the NTR would have no adverse effect on

historic properties

Executive Order 12898 - Environmental Justice

Executive Order 12898, Federal Actions to Address Environmental Justice in

Minority Populations and Low-Income Populations, dated February 16, 1994

(59 FR 7629), directs Federal agencies to identify and address the disproportionately

high and adverse human health or environmental effects of their actions on minority and

low-income populations, to the greatest extent practicable and permitted by law.

The environmental justice impact analysis evaluates the potential for

disproportionately high and adverse human health and environmental effects on minority

and low-income populations that could result from the relicensing and the continued 18 operation of the reactor. Such effects may include human health, biological, cultural,

economic, or social impacts. Minority and low-income populations are subsets of the

general public residing around the reactor, and all are exposed to the same health and

environmental effects generated from activities at the reactor.

Minority Populations in the Vicinity of the NTRAccording to the U.S. Census

Bureaus 2010 Census data, approximately 56 percent of the population (approximately

372,000 individuals) residing within a 10-mi (16-km) radius of the NTR identified

themselves as minorities. The largest minority population were Asian or Pacific Islander

(approximately 121,000 individuals or 33 percent) followed by Hispanic or Latino of any

race (approximately 57,000 individuals or 16 percent). According to the 2010 Census,

66 percent of the Alameda County population identified themselves as minorities with

persons of Asian or Pacific Islander (31 percent), Hispanic or Latino of any race

(23 percent), and Black or African American (14 percent) comprising the largest minority

populations. According to the 2020 Census, 71 percent of the Alameda County

population identified themselves as minorities with persons of Asian or Pacific Islander

(35 percent), Hispanic or Latino of any race (22 percent), and Black or African American

(11 percent) comprising the largest minority populations.

Low-income Populations in the Vicinity of the NTRAccording to the U.S.

Census Bureaus 2017-2021 American Community Survey 5-Year Estimates,

approximately 19,300 persons and 3,340 families (approximately 5 and 3 percent,

respectively) residing within a 10-mile (16-km) radius of the NTR were identified as living

below the Federal poverty threshold. The 2021 Federal poverty threshold was $27,949

for a family of four. According to the U.S. Census Bureaus 2021 American Community

Survey Census 1-Year Estimates, the median household income for the State of 19 California was $84,907 while approximately 9 percent of families and 12.3 percent the

State population were found to be living below the Federal poverty threshold. Alameda

County had a higher median household income average ($109,729) and a lower

percentage of families (6.1 percent) and persons (9.3 percent) living below the poverty

level.

Impact AnalysisPotential impacts to minority and low-income populations

would mostly consist of radiological effects. However, radiation doses from continued

operations associated with the proposed license renewal are expected to continue at

current levels, and would be below regulatory limits. No significant visual or noise

impacts are expected to result from the proposed action. Based on this information and

the analysis of human health and environmental impacts in this EA, the NRC staff finds

that the proposed license renewal would not have disproportionately high and adverse

human health and environmental effects on minority and low-income populations

residing in the vicinity of the NTR.

Environmental Impacts of the Alternatives to the Proposed Action

As an alternative to license renewal, the NRC considered denying the proposed

action (i.e., the no-action alternative). If the NRC denied the request for license

renewal, reactor operations would cease and decommissioning would commence

sooner than if the NRC issued a renewed license. Therefore, the environmental effects

of decommissioning would occur sooner under the no-action alternative than if a

renewed license were issued. Decommissioning would be conducted in accordance

with an NRC-approved decommissioning plan, which would require a separate

environmental review under 10 CFR Part 51.21. Cessation of reactor operations would

reduce or eliminate radioactive effluents. However, as previously discussed in this EA, 20 radioactive effluents from reactor operations constitute a small fraction of the applicable

regulatory limits. Therefore, the environmental impacts of license renewal and the denial

of the request for license renewal would be similar. In addition, denying the request for

license renewal would eliminate the benefits of teaching, research, and services

provided by the NTR.

Alternative Use of Resources

The proposed license renewal does not involve the use of any different resources

or significant quantities of resources beyond those associated with current facility

operations and previously considered in the issuance of Facility License No. R-33 for the

reactor on December 28, 1984, and the renewal of Facility License No. R-33 on

December 28, 1984, and April 20, 2001.

Agencies and Persons Consulted

In satisfaction of its obligations under the NHPA, the NRC consulted with the

California SHPO, as previously described. On February 21, 2023, the NRC notified the

California State official, Mr. Anthony Chu, Chief, Division of Radiation Safety and

Environmental Management, California Department of Public Health of the proposed

action. By email dated March 8, 2023, Mr. Chu indicated that the State of California

Department of Public had no comments.

Finding of No Significant Impact

The NRC is considering renewal of Facility License No. R-33, held by

GE-Hitachi, which would authorize the continued operation of the NTR for an additional

20 years from the date of issuance of the renewed license.

On the basis of the EA included in Section II of this notice and incorporated by

reference in this finding, the NRC staff finds that the proposed action will not have a 21 significant impact on the quality of the human environment, and will not significantly

affect the environment surrounding the NTR. This is because the proposed action will

result in no significant radiological impacts from continued operations as the types or

quantities of effluents that may be released off site would not change. No changes in

land use would occur or increases in noise or air emissions. Continued operations

under the proposed action would have no significant impacts on air quality, noise, visual

resources, surface water or groundwater resources, terrestrial or aquatic resources, or

on any other environmental resource conditions. Additionally, the proposed action would

have no effect on federally listed species or designated critical habitats, would not affect

historic properties, and would not result in environmental justice impacts. Therefore, the

NRC staff concludes that the proposed action will not have a significant effect on the

quality of the human environment. Accordingly, the NRC staff has determined that there

is no need to prepare an environmental impact statement for the proposed action.

The NRC staff considered information provided in the licensee's application, as

supplemented, and the review of related environmental documents.Section III in this

notice lists the environmental documents related to the proposed action and includes

information on the availability of these documents.

This FONSI and other related environmental documents are accessible online in

the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html.

Persons who do not have access to ADAMS or who encounter problems in accessing

the documents located in ADAMS should contact the NRCs PDR reference staff by

telephone at 1-800-397-4209 or 301-415-4737, or by email to PDR.Resource@nrc.gov.

22 III. Availability of Documents

The documents in the following table are available to interested in ADAMS, as

indicated.

Document Description ADAMS Accession No.

LICENSE RENEWAL REQUEST GE-Hitachi Nuclear Energy, application cover letter, Nuclear Test Reactor License Renewal (R-33), (Redacted), dated ML21053A071 November 19, 2020.

GE-Hitachi Nuclear Energy, General Electric Nuclear Test Reactor Safety Analysis Report, NEDO 32740P, Rev 3, ML20325A205 chapters 1 through 8, dated November 19, 2020.

GE-Hitachi Nuclear Energy, General Electric Nuclear Test Reactor Safety Analysis Report, NEDO 32740P, Rev 3, ML20325A206 chapters 9 through 16, dated November 19, 2020.

GE-Hitachi Nuclear Energy, Vallecitos Nuclear Center ML20325A195 Environmental Report 2020, dated July 2020.

Supplemental Information Supporting GE Nuclear Test Reactor License Renewal Audit Questions and Responses, ML21265A246 (package) dated September 22, 2021.

GE-Hitachi Nuclear Energy Americas, LLC, Response to Request for Additional Information for GE Nuclear Test ML22112A237 Reactor License Renewal Application, dated April 22, 2022.

GE-Hitachi Nuclear Energy, Response to Request for Public Docketing of Information Relating to GE Nuclear Test ML22258A117 (package)

Reactor License Renewal, dated September 15, 2022.

GE-Hitachi Nuclear Energy Americas, LLC, Supplemental Information Supporting GE Nuclear Test Reactor License ML23027A210 Renewal Audit, dated January 27, 2023.

GE-Hitachi Nuclear Energy, GEH Annual Nuclear Test 2020 - ML21088A323 Reactor (NTR) Operating Report for the Year. 2019 ML20234A326 2018 - ML19081A042 2017 - ML18108A251 2016 - ML17095A289

23 Other Referenced Document

Email from the State of California, State Historic Preservation ML22325A353 Officer, dated November 21, 2022.

Email from the State of California, Division of Radiation Safety and Environmental Management ML23067A408 California Department of Public Health, dated March 8, 2023.

Dated: March 17, 2023.

For the Nuclear Regulatory Commission.

/RA/

Joshua M. Borromeo, Chief, Non-Power Production and Utilization Facility Licensing Branch, Division of Advanced Reactors and Non-Power Production and Utilization Facilities, Office of Nuclear Reactor Regulation.

24