[Federal Register Volume 59, Number 79 (Monday, April 25, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-9906] [[Page Unknown]] [Federal Register: April 25, 1994] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Department of the Navy Finding of No Significant Impact--Short-Term Storage of Naval Spent Fuel; Final Determination SUMMARY: The Naval Nuclear Propulsion Program has prepared an Environmental Assessment of short-term storage of Naval spent nuclear fuel at shipyards. The preferred alternative is the ``No Action'' alternative. Under this alternative, Naval spent fuel removed from nuclear powered ships would be retained in specially designed shipping containers at five shipyards: Portsmouth Naval Shipyard in Kittery, Maine; Norfolk Naval Shipyard in Portsmouth, Virginia; Newport News Shipbuilding in Newport News, Virginia; Puget Sound Naval Shipyard in Bremerton, Washington; and Pearl Harbor Naval Shipyard in Pearl Harbor, Hawaii. Naval spent fuel also would remain in the Surface Support Barge at Newport News Shipbuilding. The Department of Energy (DOE), with the Navy as a cooperating agency, is preparing an Environmental Impact Statement on longer-term storage of all DOE spent fuel, including Naval spent fuel. The time period evaluated in the short-term storage Environmental Assessment is the period through implementation of the Record of Decision for the DOE Environmental Impact Statement. The Environmental Assessment discusses alternatives to the preferred alternative and evaluates the environmental impacts of both the preferred and other alternatives. The Environmental Assessment concludes that the environmental impact of any of the alternatives would be very small. Therefore, there is no basis for determining that any of these alternatives would be environmentally preferable to others. The No Action alternative, which is the preferred alternative, would allow all shipyard work, including refueling and defueling of nuclear powered ships, to continue unimpeded by the short-term accumulation of Naval spent fuel. The Naval Nuclear Propulsion Program provided a draft of this Environmental Assessment to officials of Virginia, Maine, New Hampshire, Washington, and Hawaii for review and comment. Letters were received from Congressman Norm Dicks of Washington and Mr. T.R. Strong of the State of Washington Department of Health, both of whom agreed that the No Action alternative is appropriate, and Mr. Brian Choy of the State of Hawaii Office of Environmental Quality Control, who had no comment. Based on the analysis in the Environmental Assessment, the Naval Nuclear Propulsion Program concluded that the preferred alternative was not a major Federal action significantly affecting the quality of the human environment, within the meaning of the National Environmental Policy Act of 1969, (42 U.S.C. 4321 et seq.) and issued a Finding of No Significant Impact. In accordance with the Council on Environmental Quality regulations which allow agencies to determine circumstances under which public review of Finding of No Significant Impact are appropriate, the Program made this Finding available for public comment for a period of 30 days. Sixty-eight comment letters were received. The comments contained in these letters and the Naval Nuclear Propulsion Program responses are presented in a new Appendix 5 to the Environmental Assessment. The Appendix has been placed in libraries near the shipyards or mailed directly to commenters not located near a shipyard. A summary of the comments and the responses have been included at the end of this notice. FINAL DETERMINATION: After reviewing and analyzing the comments received, the Naval Nuclear Propulsion Program has concluded that the Finding of No Significant Impact remains valid and the proposed action is not a major Federal action significantly affecting the quality of the human environment, within the meaning of the National Environmental Policy Act (NEPA) of 1969, (42 U.S.C. 4321 et seq.). Therefore, the Naval Nuclear Propulsion Program has determined that preparation of an Environmental Impact Statement is not required. ADDRESSES AND FURTHER INFORMATION: Persons requesting copies of the Finding of No Significant Impact for short-term storage of Naval spent fuel or the Environmental Assessment should contact Ms. Lisa Megargle, Naval Nuclear Propulsion Program, Code NAVSEA O8U, Naval Sea Systems Command, 2521 Jefferson Davis Highway, Arlington, VA 22242-5160 (703- 603-6126). Persons desiring to review the Environmental Assessment at a public library should contact the Public Information Office at Portsmouth (207-438-1260), Norfolk (804-396-9550), Puget Sound (206- 476-7111), or Pearl Harbor (808-474-0272) Naval Shipyards. Dated: April 13, 1994. B. DeMars, Admiral, U.S. Navy, Director, Naval Nuclear Propulsion Program. Dated: April 13, 1994. Michael P. Rummel, LCDR, JAGC, USN, Federal Register Liaison Officer. Summary of Public Comments on the Environmental Assessment and Proposed Finding of No Significant Impact and Naval Nuclear Propulsion Program All of the comment letters and the responses to the comments are contained in Appendix 5 to the Environmental Assessment. The most frequent comments and the response to them are summarized below: Comment: The shipyards should not be considered for storage of Naval spent fuel due to proximity to population centers, or proximity to the ocean or bodies of water. Response: Under the National Environmental Policy Act, the Naval Nuclear Propulsion Program is required to consider the full range of reasonable alternatives, including the alternative of taking no action. The analysis in the Environmental Assessment demonstrated that the environmental impact of any of the alternatives would be very small. This analysis took into consideration population data and nearby bodies of water. Therefore, the Program did not eliminate shipyard locations from consideration based on these characteristics. Comment: Other locations should be considered. Response: For short term storage, the shipyards provide both the physical requirements for storage such as a rail siding or a storage pad, as well as the administrative and support functions needed to safely store spent fuel. These administrative and support functions include physical security, radiological monitoring, and emergency response capability. It would not be practical to provide these administrative and support functions at other sites in the brief time frame in question. Thus, such alternatives were not ``reasonable'' within the meaning of the Council on Environmental Quality regulations implementing the National Environmental Policy Act. Comment: The Program should conduct an Environmental Impact Statement of nationwide scope on spent fuel issues. Response: As discussed in the Environmental Assessment, the Navy is a cooperating agency pursuant to the National Environmental Policy Act in the DOE's comprehensive Environmental Impact Statement on spent nuclear fuel management, including Naval spent fuel. Comment: Temporary storage can last longer than planned. The Environmental Assessment should evaluate the impact if another alternative is not available in June 1995. The DOE Environmental Impact Statement and Record of Decision are unlikely to be completed by June 1995. Litigation over the sufficiency of this Environmental Impact Statement could delay implementation. An alternative allowing removal from the shipyards might not be selected. Some of the alternatives to be evaluated in the DOE Environmental Impact Statement would require further site specific National Environmental Policy Act reviews, which would prevent prompt implementation. Response: As discussed in the Environmental Assessment, the Navy is cooperating with the DOE in a comprehensive Environmental Impact Statement on spent nuclear fuel management, including Naval spent fuel. This Environmental Impact Statement will evaluate alternatives for spent nuclear fuel management until a permanent repository is available. The Idaho Federal District Court Order, as modified by the Court acceptance of the agreement among the Navy, DOE, and Idaho, requires the DOE Environmental Impact Statement to be complete and a Record of Decision issued by June 1995. Some of the alternatives which are being evaluated in the DOE Environmental Impact Statement will allow routine Naval spent fuel shipments to be resumed promptly. Therefore, it is by no means certain that storage at shipyards will be extended. The environmental impact of all of the alternatives being considered in the DOE Environmental Impact Statement will include any transitional impacts. Thus, the scope of this Environmental Assessment properly is limited to evaluation of alternatives for short term storage while the DOE's Environmental Impact Statement is being prepared. It would be inappropriate for the Naval Nuclear Propulsion Program to speculate about the outcome of the DOE Environmental Impact Statement or what action the Federal Government might take. Comment: Department of Energy sites should be considered for short term storage. Response: Section 2.4 of the Environmental Assessment discussed why the Department of Energy sites could not be made available within the short term and thus are not ``reasonable'' alternatives. Several Department of Energy sites are being evaluated for long term storage of Naval spent fuel in the Department of Energy Environmental Impact Statement on spent nuclear fuel management. Comment: The Environmental Assessment does not adequately assess whether containers designed for shipping would be suitable for the different conditions of storage. Response: As described in the Environmental Assessment, the extremely rugged shipping containers were designed to withstand severe transportation accidents such as collisions, falls of bridges, fires, and immersion in water. Comparatively speaking, storage is much less taxing on the structural integrity of the containers. Nevertheless, the EA thoroughly evaluated the risks of potential accidents which could happen during storage. The shipping containers, in fact, are overdesigned for storage. Containers designed for transportation provide protection for severe accidents in excess of what could be reasonably expected to occur during storage. Comment: The Environmental Assessment should consider earthquakes. Response: The physical forces that an earthquake could subject a shipping container to are much less than those involved with the transportation accidents that the containers were designed to withstand. For example, one of the severe accidents which shipping containers are designed to withstand is a fall of 30 feet onto an unyielding surface (equivalent to a fall of 60 feet onto a reinforced concrete surface). Such a fall would subject a container to shock over 100 times greater than that of a severe earthquake. In practical terms, steel structures far less strong than the massive shipping containers fare well in actual earthquakes. Therefore, there is no need to evaluate the potential for an earthquake to damage a shipping container. Comment: The Environmental Assessment underestimated the impacts of severe accidents. Response: The Environmental Assessment evaluated a range of hypothetical accidents which could occur during storage. The most severe accident evaluated in the Environmental Assessment was an aircraft crash with the potential for breach of the shipping containers. While extremely unlikely, this is the accident with the greatest potential to damage the shipping containers during storage. The accident analyses were based on realistic evaluation of what could happen to Naval spent fuel in shipping containers during the hypothetical accidents. Naval spent fuel is rugged, metallic, nondispersible material, and it would be unreasonable to conclude that any significant fraction of it could be released to the atmosphere by any of the accidents considered. Even if the shipping container were to be breached by a large part from an airplane (which is unlikely given the massive nature of the shipping containers), the Naval spent fuel would remain in or near the container. There is no mechanism for grinding up the fuel and injecting it into the air. The long term application of very high heat, such as might be generated by a confined fire with a gasoline truck, would be necessary to drive some fission products off from exposed Naval spent fuel. Such a fire is not credible in the shipyard environment. The shipyard fire department is readily available to extinguish any fire quickly. Thus, the accident analyses in the Environmental Assessment are conservative. [FR Doc. 94-9906 Filed 4-22-94; 8:45 am] BILLING CODE 3810-AE-M