[Federal Register Volume 80, Number 192 (Monday, October 5, 2015)]
[Notices]
[Pages 60183-60189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25292]


=======================================================================
-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-237 and 50-249; NRC-2015-0232]


Exelon Generation Co., LLC; Dresden Nuclear Power Station, Units 
2 and 3

AGENCY: Nuclear Regulatory Commission.

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

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering a 
request by Exelon Generation Company, LLC (Exelon, the licensee) dated 
March 18, 2014, as supplemented by letters dated May 20 and June 8, 
2015, for onsite disposal of slightly contaminated soil at the Dresden 
Nuclear Power Station (DNPS), Units 2 and 3.

DATES: October 5, 2015.

[[Page 60184]]


ADDRESSES: Please refer to Docket ID NRC-2015-0232 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 Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0232. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to [email protected]. The 
ADAMS accession number for each document referenced (if it available in 
ADAMS) is provided the first time that a document is referenced.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Russell Haskell, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-1129, email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    The NRC is considering approval of a request dated March 18, 2014 
(ADAMS Accession No. ML14077A140), as supplemented by letters dated May 
20 (ADAMS Accession No. ML15140A728) and June 8, 2015 (ADAMS Accession 
No. ML15163A304), from Exelon Generation Company, LLC (Exelon, the 
licensee) for onsite disposal of slightly contaminated soil at the 
Dresden Nuclear Power Station (DNPS), Units 2 and 3, located in Grundy 
County, Illinois. The site consists of three units. Units 2 and 3 are 
operating nuclear reactors and Unit 1 was shut-down in 1978 and is 
currently in SAFSTOR \1\. Units 2 and 3 are boiling-water reactors 
(BWRs) and the cooling system includes cooling towers, cooling canals, 
and a cooling pond. The licensee is requesting approval in accordance 
with section 20.2002 of Title 10 of the Code of Federal Regulations (10 
CFR), ``Method for obtaining approval of proposed disposal 
procedures,'' to land-spread a current accumulated inventory of 
approximately 6,000 cubic meters (m\3\) (211,888 cubic feet [ft\3\]) of 
soil. Additionally, the licensee has requested the NRC's approval to 
conduct future disposal operations onsite, not to exceed a total 
disposed volume of 20,000 m\3\ (706,293 ft\3\) of soil and sludge 
containing trace quantities of residual radioactive material in a 
designated area on the DNPS site. Based on the results of the 
Environmental Assessment (EA) that follows, the NRC has determined not 
to prepare an Environmental Impact Statement for the proposed action, 
and is issuing a Finding of No Significant Impact.
---------------------------------------------------------------------------

    \1\ SAFSTOR is a decommissioning strategy under which a nuclear 
facility is placed in a safe, stable condition and maintained in 
that state (safe storage) until it is subsequently decontaminated 
and dismantled to levels that permit license termination.
---------------------------------------------------------------------------

    Under 10 CFR 20.2002, a licensee may seek NRC authorization to 
dispose of licensed material using procedures not otherwise authorized 
by the NRC's regulations. A licensee's supporting analysis must show 
that the radiological doses arising from the proposed disposal will be 
within the 10 CFR part 20, ``Standards for Protection Against 
Radiation,'' dose limits and will be as low as is reasonably 
achievable.

II. Environmental Assessment

Description of Proposed Action

    The proposed action would permit the disposal of up to 20,000 m\3\ 
(706,293 ft\3\) of soil and sludge containing trace quantities of 
residual radioactive material in a 100 m (328 ft.) by 100 m (328 ft.) 
plot located on the owner-controlled area on the north side of the DNPS 
site.
    The DNPS has accumulated a current inventory of approximately 6,000 
m\3\ (211,888 ft\3\) of soil containing trace quantities of 
radionuclides as part of multiple pipe repair and replacement projects 
conducted onsite over the past several years. The soil is currently 
located within the DNPS site's protected area portion of the restricted 
area and is contained within a concrete berm. Tarps and spray-on 
sealants are employed to limit erosion and migration of the soil 
(Exelon 2015a). The submittal requests approval for disposal of the 
initial 6,000 m\3\ (211,888 ft\3\) of soil and a total disposal of up 
to 20,000 m\3\ (706,293 ft\3\) of soil and sludge that may be generated 
from future projects. Contaminated soil generated as a result of future 
projects at DNPS (up to a total of 20,000 m\3\ (706,293 ft\3\)) will be 
temporarily stored in the protected area until analyses for release is 
completed and will then be transferred and emplaced to the proposed 
disposal area. The soils will be transferred to the proposed disposal 
area in campaigns (6,000 m\3\ (211,888 ft\3\) of soil or less per 
campaign). The first campaign will include site preparation activities 
(land clearing, excavation, and grading) of the 100 m (328 ft.) by 100 
m (328 ft.) proposed disposal area and immediate transfer and 
emplacement of the current 6,000 m\3\ (211,888 ft\3\) of soil to the 
disposal area. Transportation of the soil (via dump trucks) from its 
current location to the proposed disposal area will be maintained 
within the boundaries of the DNPS property at all times. Once 
transferred and emplaced, Exelon will grade and over-seed the soil with 
native grass (Exelon 2015a). Exelon plans to maintain the proposed 
disposal area in accordance with the Illinois Urban Manual for Erosion 
and Sediment Control Best Management Practices (AISWCD 2013).
    The proposed action is in accordance with the licensee's 
application dated March 18, 2014 (ADAMS Accession No. ML14077A140), as 
supplemented by letters dated May 20, 2015 (ADAMS Accession No. 
ML15140A728), and June 8, 2015 (ADAMS Accession No. ML15163A304).

Need for the Proposed Action

    The proposed action is requesting the NRC's approval for the onsite 
disposal of a current inventory of 6000 m\3\ (211,888 ft\3\) of soil. 
The request also includes an NRC's approval for an upper disposal limit 
not to exceed 20,000 m\3\ (706,293 ft\3\) of soil and sludge to account 
for future onsite excavation projects requiring disposal.
    Benefits to the licensee's proposed action include significantly 
reduced transportation distances and costs incurred as a result of 
offsite disposal, while maintaining protection of public health and 
safety and the environment. This request provides the licensee with an 
alternative to the usage of offsite shallow land burial waste 
repositories consistent with a previously released NRC Information 
Notice 83-05, ``Obtaining Approval for Disposal of Very Low-Level 
Radioactive Waste.''

[[Page 60185]]

Environmental Impacts of the Proposed Action

Radiological Impacts and Human Health
Occupational Dose
    The proposed DNPS request for onsite disposal of slightly 
contaminated soil will not require any physical changes to the plant or 
plant operations; therefore, there will be no change to any in-plant 
radiation sources. Approximately 6,000 m\3\ (211,888 ft\3\) of soil is 
currently located within the DNPS site's protected area portion of the 
restricted area. The soil is contained within a concrete berm area; 
tarps and spray-on sealants are employed to limit erosion and migration 
of the soil (Exelon 2015a).
    The DNPS radiation protection program establishes appropriate work 
controls, training, temporary shielding, and protective equipment 
requirements so that worker doses will remain within the dose limits of 
10 CFR part 20. The main pathway of concern for worker exposure to 
radiation would be from fugitive dust emissions during the transport 
and emplacement of the slightly contaminated soil to the proposed 
onsite disposal area. To minimize those fugitive dust emissions, Exelon 
will use best management practices (BMPs) such as using equipment with 
enclosures during the transport of the soil and dampening the soil. 
Once the soil is transferred and emplaced to the proposed disposal 
area, Exelon will over-seed the soil with native grass and monitor to 
minimize fugitive dust emissions. To limit access to the proposed 
disposal area, DNPS plans to implement institutional controls such as 
sign postings and DNPS Security monitoring (Exelon 2015a).
    Slightly contaminated soil generated as a result of future projects 
at DNPS (up to a total of 20,000 m\3\ (706,293 ft\3\) will be 
temporarily stored in the protected area until an analysis is completed 
documenting that the material meets radiological criteria for disposal 
per 10 CFR 20.2002 and will then be transferred to the proposed 
disposal area.
    The proposed DNPS onsite disposal of slightly contaminated soil 
will not affect radiation levels within the plant restricted area and 
will be performed in accordance with the proper oversight of their 
radiation protection program, and therefore will have no significant 
radiological impact to the workers.
Offsite Dose
    The primary sources of offsite dose to members of the public from 
the DNPS are radioactive gaseous and liquid effluents. As discussed 
above, the request for onsite disposal of slightly contaminated soil 
will be on the DNPS site. As such, members of the public will not have 
access to the disposal area. Therefore, there is no direct radiation 
exposure to the public. In addition, the proposed action does not 
require any physical changes to the plant or plant operations; 
therefore, there will be no change to the types and quantities of 
radioactive effluents and the operation of the radioactive gaseous and 
liquid waste management systems to perform their intended functions. As 
stated above, the soil will be over-seeded with native grass and 
monitored to minimize fugitive dust emissions once the soil is 
transferred to the proposed disposal area. To manage any soil runoff, 
Exelon will use the BMPs outlined in the Illinois Urban Manual for 
Erosion and Sediment Control Best Management Practices. The licensee 
plans to install three surficial groundwater monitoring wells, one up-
gradient and two down-gradient of the proposed disposal area. These new 
wells will be added to the DNPS Radiological Ground Protection Program 
(RGPP) to monitor for any migration of contamination (Exelon 2015a). 
Based on the above, the offsite radiation dose to members of the public 
would not change and would continue to be within regulatory limits and 
therefore would not be significant.
Radiological Impacts Summary
    Based on the radiological evaluations discussed above, the NRC 
staff has determined the proposed action would not result in 
significant radiological impacts.

Land Use

    Current land uses would be unaffected by the proposed onsite 
disposal of the contaminated soil at the DNPS. The proposed disposal 
area is currently part of an industrial power plant site and would 
remain so if the proposed action is approved. Therefore, the NRC staff 
has determined that there would be no significant land use impacts 
associated with the proposed action.

Water Resources

    The disposal location is an elevated plot of land that has been 
heavily disturbed by previous soil stockpiling and grading activities 
and which generally slopes to the west. Site preparation activities, 
transfer, and emplacement of slightly contaminated soil under the 
proposed action would have no direct impact on natural surface-water 
drainages as none exist on or immediately adjacent to the disposal 
area. The closest surface-water feature to the center point of the 
disposal area is a shallow drainage depression adjacent to the south 
bank of the Illinois River and located approximately 600 ft. (183 m) to 
the northwest. The Units 2 and 3 discharge canal to the Illinois River 
lies approximately 700 to 800 ft. (213 to 244 m) to the south and east 
of the disposal area.
    Precipitation and associated storm-water runoff from the disposal 
area have the potential to erode soils and transport suspended 
sediments away from the site and toward nearby surface water features. 
This is most likely to occur during the course of each disposal 
campaign, as the surface of disposal area is reworked and graded with 
each disposal operation. However, disposal site operations would be 
subject to the DNPS Storm Water Pollution Prevention Plan (SWPPP), 
which the licensee is required to implement and maintain in accordance 
with Special Condition 10 of DNPS's National Pollutant Discharge 
Elimination System (NPDES) permit (No. IL0002224). The SWPPP prescribes 
BMPs for soil erosion and sediment control, storm-water pollution 
prevention, waste management, and spill response. During operations, 
the licensee will use BMPs as prescribed in the SWPPP in combination 
with those outlined in the Illinois Urban Manual for Erosion and 
Sediment Control Best Management Practices. For instance, soils would 
be graded and seeded with native grasses to minimize surface drainage 
and runoff and associated erosion of the site (Exelon 2015a). Adherence 
to these measures would prevent or minimize any surface water quality 
or groundwater quality impacts during disposal operations.
    Over the longer term, management and monitoring activities would 
ensure that there are no inadvertent offsite impacts to surface water 
or groundwater quality as a result of disposal site operations. The 
licensee proposes to install three surficial groundwater monitoring 
wells in order to characterize baseline groundwater quality as well as 
any changes over time. The wells will be installed at depths of 15 to 
35 feet (4.5 to 10.6 m) below ground surface. Two wells will be 
installed up-gradient of the disposal area relative to groundwater 
flow, and one will be installed down-gradient. Upon installation, 
baseline groundwater sampling and analysis would be performed including 
for gamma, tritium, gross alpha, gross beta, strontium-89, and 
strontium-90. The completed wells would be included in the DNPS RGPP 
with routine monitoring for radiological constituents and other 
parameters as prescribed by RGPP protocols (Exelon

[[Page 60186]]

2015a). Based on the above information, the NRC staff has determined 
the impacts to water resources would not be significant.

Air Resources

    With regards to the National Ambient Air Quality Standards (NAAQS) 
criteria for pollutants (ozone, carbon monoxide, lead, particulate 
matter, nitrogen oxides, and sulfur dioxide), Grundy County is 
designated as a non-attainment area for the 8-hr ozone (2008) standard 
and 1-hr ozone (1979) standard and a maintenance area for particulate 
matter less than 2.5 microns (1997) standard and 8-hr ozone (1997) 
standard (40 CFR 81.314). Air emissions would be predominantly from the 
transfer of the soil to the proposed site, equipment used in 
transporting the soil (dump trucks and front end loaders), and site 
preparation related activities (land clearing, excavation, and 
grading). The loading and off-loading of the soil and excavation of the 
proposed site can result in fugitive dust emissions; fugitive dust is 
particulate matter suspended in the air. Equipment exhaust emits 
criteria pollutants.
    Site preparation activities of the 100 m (328 ft.) by 100 m (328 
ft.) proposed disposal area and transfer and emplacement of the 6,000 
m\3\ (211,888 ft\3\) of soil are estimated to be completed within two 
weeks (Exelon 2015a). Air emission estimates as a result of site 
preparation activities and transfer and disposal the 6,000 m\3\ 
(211,888 ft\3\) of soil are presented in Table 1. To minimize fugitive 
dust emissions, Exelon will use best management practices to include 
using equipment with enclosures during the transport of the soil and 
watering the soil (Exelon 2015a). Once the soil is transferred to the 
proposed disposal area, Exelon will over-seed the soil with native 
grass and monitor to minimize fugitive dust emissions.

                    Table 1--Air Emissions From Site Preparation Activities and Soil Disposal
----------------------------------------------------------------------------------------------------------------
                                                                            Emissions (tons/yr)
                          Source                          ------------------------------------------------------
                                                              CO      NOX      SO2      PM10     PM2.5     VOC
----------------------------------------------------------------------------------------------------------------
Equipment Exhaust (a)....................................     0.28     1.32     0.08      0.09    <0.09     0.11
Fugitive Dust (b)........................................  .......  .......  .......      0.8      0.08
                                                          ------------------------------------------------------
    Total................................................     0.28     1.32     0.08      0.89     0.17     0.11
----------------------------------------------------------------------------------------------------------------
\(a)\ Emissions were estimated by NRC staff based on emission factors from EPA 1996, use of dump trucks and
  loaders, and an 80-hour run time for each piece of equipment.
\(b)\ Fugitive dust emissions were estimated by NRC staff based on emission factors from EPA 1995 and EPA 2006.
Key: CO = carbon monoxide, NOX = nitrogen oxides, SO2 = sulfur dioxide, PM10 = particulate matter less than 10
  microns, PM2.5 = particulate matter less than 2.5 microns, and VOC = volatile organic compounds.

    The Environmental Protection Agency (EPA) regulations (40 CFR part 
93, subpart B) require Federal agencies to conduct an applicability 
analysis if a proposed action occurs in a NAAQS non-attainment area or 
maintenance area to determine if emissions of criteria pollutants would 
exceed threshold emissions levels (40 CFR 93.153(b)). If threshold 
levels are exceeded, a conformity determination may need to be 
performed. The regulatory conformity thresholds for ozone precursors 
(volatile organic compounds and nitrogen oxides) is 25 tons for each 
precursor (40 CFR 51.853(b)). The regulatory conformity thresholds for 
particulate matter less than 2.5 microns, carbon monoxide, and 
particulate matter and its precursors (nitrogen oxides and sulfur 
dioxide) is 100 tons for each pollutant (40 CFR 51.853(b)). As 
exhibited in Table 1, nitrogen oxides, sulfur dioxide, particulate 
matter, and volatile organic compounds will not exceed the regulatory 
conformity thresholds. Therefore, the NRC staff concludes that there 
would be no significant air quality impacts associated with the 
proposed action.
    Contaminated soil and sludge generated as a result of future 
projects at DNPS will be transferred in future campaigns, as previously 
discussed. Emissions from future campaigns are expected to be bounded 
by those estimated above since each campaign will transfer up to 6,000 
m\3\ (211,888 ft\3\) of soil and sludge. Based on the above 
information, the NRC staff has determined that there would be no 
significant air quality impacts associated with the proposed action.

Terrestrial and Aquatic Resources

    The 100 m (328 ft.) by 100 m (328 ft.) proposed disposal area is 
previously disturbed due to past activities such as grading the site 
and the addition of clean soils. The majority of the site 
(approximately 90 percent) is covered by early successional grasses and 
forbs that are typical of highly disturbed areas. The approximate 
percent cover of the most common species included the following: yellow 
sweet clover (Melilotus officinalis, 20 percent), perennial rye (Lolium 
perrene, 20 percent), white clover (Trifolium repens, 10 percent), 
crown vetch (Coronilla varia, 10 percent), and Canada thistle (Cirsium 
canadensis, 10 percent). The remaining portion of the site is either 
recently disturbed soil-covered areas or areas containing seedling 
trees and bushes, such as autumn olive (Elaeagnus umbellata). The 
disposal site is surrounded by developed areas, open space, and 
forested areas that include mature cottonwood trees (Populus section 
Aigeiros), autumn olive, honey locust (Gleditsia triacanthos), mulberry 
(Morus spp.), and various grasses. No aquatic resources, such as 
wetlands, streams, or ponds occur within the disposal site. (Exelon 
2015a, 2015b)
    A variety of wildlife and birds occur on or near the proposed site. 
Common terrestrial mammals include white-tailed deer (Odocoileus 
virginianus), coyote (Canis latrans), red fox (Vulpes fuva), eastern 
cottontail (Sylvilagus flondanus), muskrat (Ondatra zibethicus), and 
beaver (Castor canadensis) (NRC 2004, Exelon 2015b). Common birds 
include Canada goose (Branta canadensis), mallard (Anas platyrhynchos), 
great blue heron (Ardea herodias), killdeer (Charadrius vociferus), 
red-tailed hawk (Buteo jamaicensis), American kestrel (Falco 
sparverius), northern harrier (Circus cyaneus), northern cardinal 
(Cardinalis cardinalis), American robin (Turdus migratorius), and red-
winged blackbird (Agelaius phoeniceus) (NRC 2004, Exelon 2015b). These 
species are generally tolerant to human activity and modified 
landscapes, such as the proposed disposal area and the nearby power 
plant.
    Some migratory birds, bald eagles (Haliaeetus leucocephalus), and 
State-listed species could temporarily rest on or near the proposed 
disposal area (FWS

[[Page 60187]]

2015). However, the area does not provide substantial or preferred 
habitat for migratory birds, bald eagles, or State-listed species due 
to the lack of mature trees or forested areas, native prairie grasses, 
wetlands, aquatic features, or other non-disturbed, complex habitat 
features. The licensee and its contractor did not observe any evidence 
of migratory birds, bald eagles, and State-listed species during an 
informal site investigation of the proposed disposal area in June 2015 
(Exelon 2015b). Migratory birds, bald eagles, and State-listed species 
may occur in areas surrounding the proposed disposal site, especially 
in undisturbed forested or riparian areas (NRC 2004, Exelon 2015b).
    During disposal activities, no tree cutting, other than tree 
seedlings, would be required (Exelon 2015b). Disposal activities would 
directly affect some grasses, bushes, and immature tree seedlings. 
However, these species are typical of a highly disturbed environment, 
very common within the area, and provide low-quality habitat to 
wildlife and birds. In addition, the licensee plans to seed over the 
disposal area with native grasses (Exelon 2015a), which would help to 
reduce erosion and provide a grassy habitat for wildlife once disposal 
activities are complete. Seeding the disposal site will also help 
prevent runoff to nearby aquatic features. Further, the licensee plans 
to use the best management practices outlined in the Illinois Urban 
Manual for Erosion and Sediment Control Best Management Practices to 
further minimize erosion and runoff (Exelon 2014b).
    Noise associated with grading, transportation, or other disposal-
related activities may temporarily disturb wildlife and birds. However, 
most wildlife and birds on or near the proposed disposal area are 
likely relatively tolerant of human activity given that the proposed 
disposal area is part of a larger operating power plant site. For 
example, the proposed disposal area is located close to existing 
warning sirens, which are extremely loud and periodically tested 
(Exelon 2015b). In addition, grading or other related activities would 
be temporary (Exelon 2015a) and wildlife and birds could return to the 
area once disposal activities were complete.
    Given that disposal activities would not involve tree cutting, the 
affected vegetation is very common within the area, temporarily 
disturbed wildlife and birds could find similar habitat in the 
surrounding area, and no aquatic features occur onsite. Therefore, the 
NRC staff determined that impacts to aquatic and terrestrial resources 
would not be significant.

Threatened and Endangered Species

    The NRC staff searched the U.S. Fish and Wildlife Service (FWS) 
Information Planning and Conservation online database for Federally 
threatened, endangered, proposed, or candidate species or designated 
critical habitat that could occur on or near the proposed disposal area 
(FWS 2015). The following four species have the potential to occur near 
the site: eastern prairie fringed orchid (Platanthera leucophaea), the 
rattlesnake-master borer moth (Papaipema eryngii), the Indiana bat 
(Myotis sodalist), and northern long-eared bat (Myotis 
septentrionalis). No designated critical habitat occurs near the site.
    The eastern prairie fringed orchid is a perennial herb that grows 8 
to 40 inches (in.) (20 to 102 centimeters [cm]) tall and produces long 
clusters of up to 40 white flowers in early July (NatureServe 2013). 
This plant grows in emergent wetlands, wet meadow, sedge meadow, fen, 
wet to mesic prairie, or marsh edges (FWS 2015). The proposed disposal 
area does not provide suitable habitat for this species because the 
soils are extremely dry, none of the habitats listed above occur on the 
site, and the land is highly disturbed. In addition, the licensee and 
its contractor did not observe any eastern prairie fringed orchid 
during its informal investigation of the site in June 2015 (Exelon 
2015b). Therefore, the NRC staff determined that the proposed action 
would have no effect on eastern prairie fringed orchids.
    The rattlesnake-master borer moth is an insect that relies on the 
rattlesnake-master, a prairie plant, as its only food source. The 
proposed site does not provide suitable habitat for rattlesnake-master 
borer moths because this species is an obligate resident of undisturbed 
prairie and woodland openings, and rattlesnake-master is not known to 
occur within the proposed site. In addition, the licensee and its 
contractor did not observe this species during its informal 
investigation of the site in June 2015 (Exelon 2015b). Therefore, the 
NRC staff determined that the proposed action would have no effect on 
the rattlesnake-master borer.
    The Indiana bat and northern long-eared bat are insectivorous, 
migratory bats that inhabit the central portion of the eastern United 
States and hibernate colonially in caves and mines. During summer 
months, female Indiana bats tend to roost in colonies under slabs of 
peeling tree bark or cracks within trees in forest fragments (Pruitt 
and TeWinkel 2007). Northern long-eared bats tend to roost in trees in 
forested areas with greater canopy and in caves, mines, or manmade 
structures such as barns, sheds, and other buildings (Carter and 
Feldhamer 2005). In the winter, northern long-eared and Indiana bats 
rely on caves for hibernation. The proposed disposal area does not 
provide suitable habitat for hibernation, roosting, or foraging due to 
the lack of mature trees, forested areas, caves, wetlands, prairies, 
and aquatic features. In addition, the licensee and its contractor did 
not observe this species during its informal investigation of the site 
in June 2015 (Exelon 2015b).
    Based on the above information, the NRC staff has determined the 
proposed action would have no effect on federally threatened, 
endangered, proposed, or candidate species or designated critical 
habitat that could occur on or near the proposed disposal area.

Historic and Cultural Resources

    As reported in the DNPS's License Renewal environmental impact 
statement (NUREG-1437, Supplement 17), much of the DNPS site has been 
disturbed by construction of the nuclear power plant facilities and 
related infrastructure, including roads, parking lots, and the cooling 
pond. No archaeological surveys were completed at the Dresden site 
prior to station construction. However, there is at least one 
archaeological site recorded within the DNPS site boundary, 11 GR2, 
which was only minimally disturbed during construction according to a 
professional archaeologist who examined the site in 1973 (Atomic Energy 
Commission 1973).
    As previously discussed, the onsite disposal of slightly 
contaminated soil at DNPS would take place on highly disturbed land 
(Exelon 2015b). Because any disturbance would occur within previously 
disturbed areas, there would be no impact to historic and cultural 
resources. Based on the above information, the NRC staff has determined 
there would be no significant impacts to any historic and cultural 
resources at the DNPS.

Socioeconomic

    Current socioeconomic conditions would be unaffected by the 
proposed onsite disposal of slightly contaminated soil at the DNPS. The 
licensee would use existing resources including the onsite workforce or 
local contractors to conduct the disposal of up to 20,000 m\3\ (706,293 
ft\3\) of soil and sludge; therefore, there would be no significant 
socioeconomic impacts.

[[Page 60188]]

Noise

    Noise emissions would occur as a result of the equipment used 
onsite and activities involved during site disposal preparation, 
transportation of the soil to the disposal area, and soil off-loading. 
Additional noise from the proposed action would be intermittent and 
short-term (approximately 2 weeks). Land clearing activities and 
equipment can result in source noise levels in the 80-88 A-weighted 
decibels (dBA) range for the Federal Highway Administration (FHWA 
2006). However, noise levels attenuate rapidly with distance. For 
instance, backhoe/loader equipment can have source noise levels of 80-
85 dBA; at 50 feet (15 m) distance noise levels drop to 79 dBA, and at 
200 ft. (61 m) distance from the equipment noise levels drop to 65.5 
dBA (FHWA 2006). The nearest resident is approximately 0.8 miles (1,287 
m) from the proposed disposal area and noise levels from equipment and 
activities are not expected to be noticeable at this distance. 
Furthermore, noise levels associated with the proposed action will need 
to be in accordance with Illinois noise regulations found in the 
Illinois Administrative Code (Title 35, Subtitle H). Based on the above 
information, the NRC staff concludes that there would be no significant 
off-site noise impacts associated with the proposed action.

Environmental Justice

    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 proposed disposal of slightly contaminated soil at DNPS. Such 
effects may include human health, biological, cultural, economic, or 
social impacts.
    According to the 2010 Census, 13 percent of the total population 
(approximately 25,000 individuals) residing within a 5 mile (8 km) 
radius of the DNPS identified themselves as minority individuals (EPA 
2015). The largest minority were people of Hispanic, Latino, or Spanish 
origin of any race (2,323 persons or 9 percent), followed by Black or 
African American (450 persons or 2 percent). Minority populations 
within Grundy County comprise 11.1 percent of the total population with 
the largest minority group being Hispanic, Latino, or Spanish origin of 
any race, 8.2 percent.
    According to the U.S. Census Bureau's 2009-2013 American Community 
Survey 5-Year Estimates using the University of Missouri's Circular 
Area Profiling System (MCDCCAPS 2015), approximately 1,850 individuals 
(6.2 percent) residing within a 5 mile (8 km) radius of DNPS were 
identified as living below the Federal poverty threshold. The 2013 
Federal poverty threshold was $12,119 for an individual and $24,028 for 
a family of four.
    According to the U.S. Census Bureau's 2011-2013 American Community 
Survey 3-Year Estimates (USCB 2015), the median household income for 
Illinois was $55,799, while 14.8 percent of the state population and 
10.9 percent of families were found to be living below the Federal 
poverty threshold. Grundy County had a higher median household income 
average ($63,978) and a lower percent of individuals (9.4 percent) and 
families (7.2 percent) living below the poverty level, respectively.
    Potential impacts to minority and low-income populations would 
mostly consist of radiological and environmental effects (e.g., noise 
and dust impacts). Radiation doses are expected to continue to remain 
well below regulatory limits and noise and dust impacts would be 
temporary and limited to onsite activities.
    Based on this information and the analysis of human health and 
environmental impacts presented in this environmental assessment, the 
proposed onsite disposal of slightly contaminated soil at the DNPS 
would not have disproportionately high and adverse human health and 
environmental effects on minority and low-income populations residing 
near the DNPS.

Environmental Impacts of the Alternatives to the Proposed Action

    As an alternative to the proposed action, the NRC staff considered 
denial of the disposal request (i.e., the ``no action'' alternative). 
The consequences of the denial of the application would result in no 
change in current environmental impacts. The contaminated material 
would remain in its current location on the DNPS site and future 
contaminated material generated as a result of plant operation would be 
stored onsite.
    The current contaminated soil and future contaminated soil and 
sludge generated as a result of plant operation could also be sent to a 
licensed low-level radioactive waste disposal facility. Shipment of 
future soil to an offsite low-level radioactive waste disposal facility 
would not result in a compensating improvement in the environmental 
impacts, as there could be additional transportation-related impacts 
associated with transporting the soil offsite. Furthermore, as 
discussed in Information Notice 83-05, the NRC has recognized that 
onsite disposal of low-level waste can minimize the quantity of waste 
shipped to a radioactive waste disposal facility and can provide a 
reasonable alternative to the high costs associated with disposals at 
radioactive waste disposal facilities. Therefore, the only alternative 
the staff considered is the no-action alternative, under which the 
current soil inventory would remain in its current location on the DNPS 
site and future contaminated soil generated would also be stored 
onsite.
    If the 6,000 m\3\ (211,888 ft\3\) of soil were to remain in its 
current location on the DNPS site and future contaminated soil would 
also be disposed of in the protected area of the DNPS site, there would 
be no change in current environmental impacts. The soils would be 
contained within a concrete berm. To limit erosion and migration of the 
soil, tarps and spray-on sealants would continue to be used. Potential 
leaching from this area would be identified through the DNPS RGPP 
monitoring program. The material would continue to be controlled in 
accordance with the requirements in 10 CFR part 20 and is not expected 
to result in a significant environmental impact.

Alternative Use of Resources

    This action does not involve the use of any resources (water, air, 
land) not previously considered in the Generic Environmental Impact 
Statement for License Renewal of Nuclear Plants: Regarding Dresden 
Nuclear Power Station, Units 2 and 3 (NUREG-1437, Supplement 17, dated 
June 2004).

Agencies and Persons Consulted

    In accordance with its stated policy, on February 26, 2015, the NRC 
staff consulted with the State official of Illinois, Ms. Kelly Horn, 
Section Head, Environmental Management Bureau of Radiation Safety of 
the Illinois Emergency Management Agency, regarding the environmental 
impact of the proposed action. Ms. Horn had no comments.
    Additionally, the NRC staff determined that the proposed action 
would have no effect on federally listed threatened and endangered 
species that could occur on or near the proposed disposal area. As 
well, the proposed action would have no significant impact to historic 
and cultural resources. Therefore, consultation was not required under 
Section 7 of the Endangered Species Act or under Section 106 of the 
National Historic Preservation Act.

[[Page 60189]]

III. Significant Impact

    Exelon Generation Company, LLC (Exelon, the licensee) has requested 
onsite disposal of up to 20,000 m\3\ (706,293 ft\3\) of contaminated 
soil and sludge at the DNPS, Units 2 and 3, in accordance with 10 CFR 
20.2002. Based on the environmental assessment included in section II. 
above, the NRC staff has concluded that the proposed action will not 
have a significant impact on the quality of the human environment. 
Accordingly, the NRC has determined not to prepare an environmental 
impact statement for the proposed action.

IV. Availability of Documents

    The documents identified in the following table are available to 
interested persons through one or more of the following methods, as 
indicated.

------------------------------------------------------------------------
                                               Adams Accession No./Web
                  Document                      link/Federal Register
                                                       Citation
------------------------------------------------------------------------
``Designation of areas for air quality       40 CFR Part 81. Code of
 planning purposes.''.                        Federal Regulations, Title
                                              40.
``Determining Conformity of Federal Actions  40 CFR Part 93. Code of
 to State or Federal Implementation           Federal Regulations, Title
 Plans.''.                                    40.
U.S. Atomic Energy Commission (AEC). 1973.   http://pbadupws.nrc.gov/
 Final Environmental Statement Related to     docs/ML0305/
 Operation of Dresden Nuclear Power           ML030550497.pdf.
 Station, Units 2 and 3. Commonwealth
 Edison Company. Docket Nos. 50-237 and 50-
 249. Directorate of Licensing. Washington,
 DC.
Association of Illinois Soil and Water       http://www.aiswcd.org/
 Conservation Districts (AISWCD). 2013.       illinois-urban-manual.
 Illinois Urban Manual, Field Manual for
 Inspection of Erosion and Sediment Control
 Best Management Practices
Carter TC, Feldhamer GA. 2005. Roost tree    http://
 use by maternity colonies of Indiana bats    tccarter.iweb.bsu.edu/.
 and northern long-eared bats in southern
 Illinois. Forest Ecology and Management
 219 (2005): 259-268.
[EPA] Environmental Protection Agency.       http://www.epa.gov/ttnchie1/
 1996. AP 42, Compilation of Air Pollutant    ap42/.
 Emission Factors, 3.3 Gasoline and Diesel
 Industrial Engines.
[EPA] Environmental Protection Agency.
 1995. AP 42, Compilation of Air Pollutant
 Emission Factors, 13.2.3 Heavy
 Construction Operations
[EPA] Environmental Protection Agency.
 2006. AP 42, Compilation of Air Pollutant
 Emission Factors, 13.2.4 Aggregate
 Handling and Storage Piles
[EPA] Environmental Protection Agency.       http://www2.epa.gov/
 2015. EJSCREEN Census 2010 Summary Report,   ejscreen.
 U.S. Census 2010 Summary File 1 (SF1) for
 a 5-mile radius around the proposed
 disposal site at Dresden (41.394964 Lat., -
  88.272564 Long.)
[FHWA] Federal Highway Administration.       http://www.fhwa.dot.gov/
 2006. Construction Noise Handbook.           environment/noise/
                                              construction_noise/
                                              handbook/.
[FWS] U.S. Fish and Wildlife Service. 2015.  ADAMS Accession No.
 Information Planning and Conservation        ML15188A035.
 (IPaC), ``Dresden 10 CFR 20.2002 Approval
 for Disposal of Soils.'' 2 July 2015
[MCDCCAPS] Missouri Census Data Center       http://mcdc.missouri.edu/
 Circular Area Profiling System. 2015.        websas/caps10acsb.html.
 Aggregated 2009-2013 American Community
 Survey Data Estimates in a 5-mile radius
 around the proposed disposal site at
 Dresden (41.394964 Lat., -88.272564
 Long.). Version 10C
NatureServe. 2013. ``Comprehensive Report    http://www.natureserve.org/
 Species--Eastern Prairie White-fringed       explorer/servlet/
 Orchid (Platanthera leucophaea).''           NatureServe?searchName=Pla
                                              tanthera+leucophaea.
[NRC] Nuclear Regulatory Commission. 1983.   http://www.nrc.gov/reading-
 Information Notice. 83-05: Obtaining         rm/doc-collections/gen-
 Approval for Disposing of Very Low-level     comm/info-notices/1983/
 Radioactive Waste- 10 CFR Section 20.302     in83005.html.
[NRC] NUREG 1437, Supplement 17 dated June   ADAMS Accession No.
 2004, ``Generic Environmental Impact         ML041890266.
 Statement for License Renewal of Nuclear
 Plants: Regarding Dresden Nuclear Power
 Station, Units 2 and 3- Final Report.''
[NRC] Nuclear Regulatory Commission. 1983.   http://www.nrc.gov/reading-
 Information Notice No. 83-05, ``Obtaining    rm/doc-collections/gen-
 Approval for Disposing of Very-Low-Level     comm/info-notices/1983/
 Radioactive Waste-10 CFR Section 20.302.''   in83005.html.
Pruitt L, TeWinkel L, editors. 2007.         http://ecos.fws.gov/docs/
 Indiana Bat (Myotis sodalis) Draft           recovery_plan/070416.pdf.
 Recovery Plan. First Revision. Fort
 Snelling, MN: U.S. Fish and Wildlife
 Service. April 2007. 258 p
[USCB] U.S. Census Bureau. 2015. ``American  http://
 FactFinder, 2011-2013 American Community     factfinder.census.gov/
 Survey 3[dash]Year Estimates, Table S1701--  faces/nav/jsf/pages/
 Poverty Status in the Past 12 Months,        searchresults.xhtml?refres
 Table S1702--Poverty Status in the Past 12   h=t.
 Months of Families, and Table S1901--
 Income in the Past 12 Months (in 2013
 Inflation-Adjusted Dollars)'' for Grundy
 County and the State of Illinois
------------------------------------------------------------------------


    Dated at Rockville, Maryland, this 24th day of August 2015.

    For the Nuclear Regulatory Commission.

Travis L. Tate,
Chief, Plant Licensing III-2 and Planning and Analysis Branch, Division 
of Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2015-25292 Filed 10-2-15; 8:45 am]
 BILLING CODE 7590-01-P