[Federal Register Volume 75, Number 212 (Wednesday, November 3, 2010)]
[Notices]
[Pages 67784-67788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-27764]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 52-012 and 52-013; NRC-2010-0343]


STP Nuclear Operating Company South Texas Project Electric 
Generating Station, Units 3 and 4 Request for Exemption Environmental 
Assessment and Finding of No Significant Impact

    By letters dated March 23, 2010 (STPNOC 2010a), and July 21, 2010 
(STPNOC 2010b), STP Nuclear Operating Company (STPNOC) submitted a 
request for an exemption from Title 10 of the Code of Federal 
Regulations (10 CFR) Part 50, Section 50.10: License required; limited 
work authorization. The U.S. Nuclear Regulatory Commission (NRC or the 
staff) is considering issuance of this exemption as it relates to 
STPNOC's application for combined licenses (COLs) for South Texas 
Project Electric Generating Station (STP) Units 3 and 4, which is 
currently under review by the NRC. The exemption would authorize STPNOC 
to install two crane foundation

[[Page 67785]]

retaining walls (CFRWs) prior to issuance of the COLs. Granting this 
exemption would not constitute a commitment by the NRC to issue COLs 
for STP Units 3 and 4; STPNOC would install the CFRWs assuming the risk 
that its COL application may later be denied. NRC has prepared this 
environmental assessment (EA) for the exemption request in accordance 
with the requirements of 10 CFR 51.21. Based on this EA, the NRC has 
reached a Finding of No Significant Impact. The details of the NRC 
staff's safety review of the exemption request will be provided in the 
safety evaluation document associated with that determination.

Environmental Assessment

Background

    By letter dated January 8, 2010, the NRC notified STPNOC that 
installation of the CFRWs was considered construction under 10 CFR 
50.10(a)(1), therefore requiring issuance of a limited work 
authorization (LWA) or COLs before their installation (NRC 2010a). In 
accordance with 10 CFR 50.12(b), STPNOC has requested an exemption that 
would permit the construction of the CFRWs prior to the issuance of 
COLs for STP Units 3 and 4 (STPNOC 2010).

Identification of the Proposed Action

    The proposed action, as described in STPNOC's request for an 
exemption to 10 CFR 50.10, would allow STPNOC to install two CFRWs for 
STP Units 3 and 4, prior to issuance of COLs. According to STPNOC, the 
CFRWs are non-safety related, reinforced concrete walls that would 
facilitate excavation activities by retaining soil next to permanent 
plant structures in the excavations. STPNOC states that the CFRWs are 
required to accommodate the reach of a heavy-lift crane needed to place 
reactor components into the excavations. Installation of the CFRWs 
would include the following activities:
    <bullet> A full-depth and -width slurry excavation would be made, 
with the excavation maintained by the slurry;
    <bullet> Reinforcing would be placed in the slurry-filled trench;
    <bullet> Concrete would be placed in the slurry-filled trench from 
the bottom-up; and
    <bullet> Tiebacks and whalers would be installed to stabilize the 
CFRWs, as excavation for permanent plant structures proceeds.
    As construction of the permanent plant structures proceeds, the 
CFRWs would be abandoned in place following crane use. After 
abandonment, the CFRWs would have no function during operation of STP 
Units 3 and 4.

Need for the Proposed Action

    In its exemption request, STPNOC stated that the proposed exemption 
is needed because installation of the CFRWs must occur before 
excavation for permanent plant structures, and compliance with 10 CFR 
50.10, i.e., obtaining an LWA, would result in undue hardship or other 
costs that are significantly in excess of those contemplated during the 
2007 LWA rulemaking. According to the exemption request, installation 
of the CFRWs is needed to allow STPNOC to complete certain on-site 
activities in parallel with the licensing process, so that it can begin 
construction promptly upon issuance of COLs.

Environmental Impacts of the Proposed Action

    This EA evaluates the environmental impacts of STPNOC's proposed 
installation of the CFRWs, including the non-radiological and 
radiological impacts that may result from granting the requested 
exemption. This evaluation is based on STPNOC's exemption request, 
dated March 23, 2010, and on information provided by STPNOC in support 
of its COL application for proposed STP Units 3 and 4, primarily 
Revision 3 of the environmental report (ER) (STPNOC 2009). According to 
STPNOC's exemption request, the environmental impacts of installing the 
CFRWs are within the scope of preconstruction activities described in 
Chapters 3 and 4 of STP Units 3 and 4 ER. Certain facilities, such as a 
concrete batch plant, lay down areas, parking lots, and temporary 
buildings, would be required for preconstruction activities at the STP 
site, and as such, are not exclusive to the installation of the CFRWs. 
It is expected that these facilities would already be in place and 
supporting preconstruction activities, and as such, this EA does not 
include the environmental impacts of such facilities.

Description of the Site

    The STP site is located in a rural area of Matagorda County, Texas, 
approximately 10 miles (mi) north of Matagorda Bay, 70 mi south-
southwest of Houston, and 12 mi south-southwest of Bay City. The 
proposed location of STP Units 3 and 4 is within the site boundaries of 
the existing STP Units 1 and 2, approximately 1,500 feet (ft) north and 
2,150 ft west of the center of Units 1 and 2. The STP site comprises 
12,220 acres (ac) immediately west of the Colorado River, approximately 
10 mi upstream of the river's confluence with Matagorda Bay. The Main 
Cooling Reservoir, a man-made impoundment that is the normal heat sink 
for waste heat generated by STP Units 1 and 2, occupies approximately 
7,000 ac of the STP site, and about 1,750 ac are currently occupied by 
Units 1 and 2 and associated facilities. The remainder of the site is 
undeveloped land or is used for agriculture and cattle grazing. The 
area that would be affected on a long-term basis as a result of 
permanent facilities for proposed Units 3 and 4 would be approximately 
300 ac. An additional approximately 240 ac would be disturbed for 
temporary construction facilities.

Nonradiological Impacts

Land Use Impacts

    Installation of each CFRW would disturb an area approximately 890 
ft long by 13 ft wide, which is approximately 23,140 square ft (0.54 
ac) for both CFRWs. This would be a minor portion of the 12,220-ac STP 
site, and would be located in an area that was previously disturbed 
during construction of STP Units 1 and 2. As such, the NRC staff 
concludes that land use impacts from installation of the CFRWs would 
not be significant.

Surface and Groundwater Impacts

    Installation of the CFRWs would have insignificant impacts on 
groundwater flow and surface water quality. While the purpose of the 
CFRWs is for building Units 3 and 4, they would remain in place after 
construction and could slightly reduce the permeability of the affected 
area. The completed CFRWs would each be approximately 3 ft wide, 890 ft 
long and 80 ft deep. In the vicinity of the STP site, the Shallow 
Aquifer's base is between 90 and 150 ft below ground surface (STPNOC 
2009). Because there would be a gap between the bottom of the CFRWs and 
the top of the Shallow Aquifer, groundwater flow would not be 
significantly impacted.
    Sediment carried with stormwater from the disturbed areas could 
impact surface water quality. STPNOC would be required to implement 
environmental controls specified in its Clean Water Act Section 402(p) 
Texas Pollutant Discharge Elimination System (TPDES) general permit for 
construction of STP Units 3 and 4 (STPNOC 2009). In its exemption 
request, STPNOC has stated that it would employ best management 
practices (BMPs) during installation of the CFRWs in accordance with 
these regulatory and permit requirements (STPNOC 2010), which would 
limit the impacts of ground disturbance to surface water quality. BMPs 
would be

[[Page 67786]]

described in a Stormwater Pollution Prevention Plan (SWPPP) that would 
be submitted to and approved by the Texas Council on Environmental 
Quality (TCEQ) in accordance with STPNOC's TPDES general permit (STPNOC 
2009). With these controls, the NRC staff concludes that impacts to 
surface water quality from installation of the CFRWs would not be 
significant.

Terrestrial Resources Impacts

    As stated above, the proposed action would be a small portion of 
the 12,220-ac STP site, and land disturbance for the CFRWs would occur 
in previously disturbed areas on the STP site. Therefore, the staff 
concludes there would be no impacts to terrestrial species or their 
habitat associated with the proposed action.

Aquatic Resources Impacts

    Impacts to aquatic resources from the proposed action would occur 
from erosion and sedimentation associated with site stormwater 
management. As stated above, as part of its SWPPP, STPNOC would employ 
BMPs to minimize impacts from stormwater runoff to ditches and 
wetlands. STPNOC plans to implement new detention ponds and drainage 
capacity to accommodate surface water runoff in areas disturbed by site 
preparation and construction activities (STPNOC 2009). Impacts from any 
stormwater runoff reaching ditches and wetlands would be minimal and 
temporary. As such, the staff concludes that impacts to aquatic 
resources from installation of the CFRWs would not be significant.

Threatened and Endangered Species Impacts

    Potential impacts to threatened and endangered species from the 
proposed action result from land disturbances to terrestrial species. 
Two species listed as threatened or endangered under the Endangered 
Species Act of 1973, as amended, that occur on or in the vicinity 
(within 10 miles) of the STP site are the Federally endangered Northern 
Aplomado falcon (Falco femoralis septentrionalis) and the Federally 
threatened American alligator (Alligator mississippiensis). The 
Federally endangered whooping crane (Grus americana), a species of 
special concern to Texas resource agencies and environmental groups, 
has not been observed on the STP site.
    These birds may migrate through the area and fly over the STP site, 
but are unlikely to use the inland habitats found onsite. Because no 
impacts are expected to occur for terrestrial species or their habitat, 
the proposed action would have no impacts on the Northern Aplomado 
falcon, the American alligator, or their habitats. The staff concludes 
there would be no effects on federally threatened or endangered species 
as a result of the proposed action.

Cultural and Historic Resources Impacts

    According to the environmental report contained in STPNOC's COL 
application for STP Units 3 and 4, there are no cultural and historic 
resources at the STP site (STPNOC 2009). In support of its COLs 
application, STPNOC consulted with the Texas Historical Commission and 
received concurrence on its findings in January 2007 (STPNOC 2006, 
2009). The NRC's independent review of cultural resources in support of 
the environmental review for STPNOC's COLs application also did not 
identify any cultural and historical resources that would be impacted 
by construction and operation of proposed STP Units 3 and 4 (NRC 
2010b). The area where the CFRWs would be installed was previously 
disturbed during construction of STP Units 1 and 2, and any resources 
that may have existed prior to construction of Units 1 and 2 would have 
been destroyed during land clearing and construction activities (STPNOC 
2010). Therefore, the staff concludes that no environmental impacts to 
cultural and historic resources are expected from installation of the 
CFRWs. STPNOC has procedures in place to protect undiscovered historic 
or archaeological resources if discovered during site preparation and 
construction activities, and such procedures would apply to the 
proposed action (STPNOC 2008).

Air Quality Impacts

    Installation of the CFRWs would result in temporary impacts on 
local air quality from vehicle and construction equipment emissions, 
and fugitive dust caused by earth-moving activities. As stated in the 
ER for the COL application, to minimize impacts to air quality, STPNOC 
would implement mitigation measures to minimize fugitive dust and 
vehicle and equipment emissions, including water suppression, covering 
truck loads and debris stockpiles, use of soil adhesives to stabilize 
loose dirt surfaces, minimizing material handling, limiting vehicle 
speed, and visual inspection of emission control equipment (STPNOC 
2009). Construction equipment would be serviced regularly and operated 
in accordance with local, State, and Federal emission requirements 
(STPNOC 2009). Emissions from activities associated with installation 
of the CFRWs would vary based on the level and duration of the specific 
activity, but the overall impact on air quality is expected to be 
temporary and limited in magnitude. The staff concludes that the 
proposed action would not significantly contribute to air quality 
impacts at the STP site.

Nonradiological Health Impacts

    Nonradiological health impacts to the public and workers from the 
proposed action would include exposure to fugitive dust, and vehicle 
and construction equipment exhaust, occupational injuries, and noise; 
as well as the transport of materials and personnel to and from the STP 
site. Adherence to Federal and State regulations regarding air quality, 
construction worker health, and noise would minimize nonradiological 
health impacts. Mitigation measures, such as operational controls and 
practices, worker training, use of personal protective equipment, and 
fugitive dust and exhaust emissions control measures, would further 
reduce impacts from the proposed action. Based on the number of 
shipments of building materials and the number of workers that would be 
transported to the STP site for site preparation and construction 
activities (STPNOC 2009), the staff concludes that nonradiological 
health impacts from transportation associated with installing the CFRWs 
would be minimal. STPNOC has estimated that 75 workers would be needed 
to install the CFRWs (STPNOC 2010). This would be a small fraction of 
the 2,400 workers needed during peak preconstruction activities. 
Accordingly, the staff concludes that nonradiological health impacts 
from the proposed action would not be significant.

Nonradioactive Waste Impacts

    Nonradioactive waste impacts from the proposed action include 
impacts to land, water, and air from storage of excavated material, 
runoff to ditches and wetlands, and emissions from vehicles and 
construction equipment. Excavated materials would be stored onsite in 
borrow or spoil areas not to exceed 240 ac for the entire STP Units 3 
and 4 project (STPNOC 2009). Surface water runoff from development 
activities would be controlled by implementation of a SWPPP (STPNOC 
2010). Regulated practices for managing air emissions from construction 
equipment and temporary stationary sources, BMPs for controlling 
fugitive dust, and vehicle inspection and traffic management plans, 
would minimize impacts to air. With the above controls

[[Page 67787]]

in place, the staff concludes that impacts of nonradioactive waste from 
the proposed action would not be significant.

Socioeconomic Impacts and Environmental Justice

    Potential socioeconomic impacts due to the proposed action include 
physical impacts such as transportation, aesthetics, and air quality, 
and social impacts including demographics, economy, infrastructure, and 
community services. In its exemption request (STPNOC 2010), STPNOC 
stated that 75 workers would be needed to install the CFRWs. The peak 
number of workers required for preconstruction activities at the STP 
site would be 2,400 (STPNOC 2009). The proposed action would occur 
concurrently with other preconstruction activities, and therefore would 
not significantly affect the size of the STP Units 3 and 4 labor force. 
Given the small number of workers involved in installation of the 
CFRWs, the staff concludes that the proposed exemption would not have 
measurable socioeconomic impacts.
    With regard to environmental justice, due to the lack of 
significant environmental impacts resulting from the proposed action, 
the staff concludes that the proposed exemption would not have 
disproportionately high and adverse impacts to minority and low-income 
populations in the vicinity of the STP site.

Summary

    Based on the foregoing, the staff concludes that granting the 
proposed exemption that would permit installation of the CFRWs prior to 
the issuance of COLs would not result in significant changes in 
nonradiological impacts to land use, surface and groundwater resources, 
terrestrial and aquatic resources, threatened and endangered species, 
socioeconomic factors and environmental justice, cultural and historic 
resources, air quality, nonradiological human health, and 
nonradioactive waste.

Radiological Impacts

Radiological Health Impacts

    Sources of radiation exposure from existing STP Units 1 and 2 for 
construction workers include exposure from direct radiation and liquid 
and gaseous radiological effluents (STPNOC 2009). In support of the 
environmental review for the COL application, NRC staff estimated the 
annual direct dose to a construction worker would be approximately 10 
millirem (mrem), assuming 2,080 hours worked at the STP site per year 
(NRC 2010c). The maximum radiological dose to construction workers from 
gaseous and liquid pathways combined would be approximately 9 mrem. 
Therefore, the estimated annual dose to construction workers would be 
approximately 19 mrem based on an occupancy of 2,080 hours per year 
(STPNOC 2009), which is less than the 100 mrem annual dose limit to an 
individual member of public found in 10 CFR 20.1301. As such, the staff 
concludes that radiological impacts to construction workers as a result 
of the proposed action would be minimal. Accordingly, the staff 
concludes that there would be no significant radiological health 
impacts associated with the proposed exemption.

Summary

    Based on the foregoing, the staff concludes that granting the 
proposed exemption that would permit installation of the CFRWs prior to 
the issuance of COLs would not result in a significant increase in 
occupational radiation exposure. The staff concludes that there would 
be no significant radiological health impacts associated with the 
proposed exemption.

Alternatives to the Proposed Action

    As an alternative to the proposed action, the NRC staff considered 
denial of the proposed exemption (i.e., the ``no-action'' alternative). 
If NRC were to deny the exemption request, STPNOC would not be allowed 
to install the CFRWs before the COLs are issued, and would need to wait 
until a decision is made on its COL application before installing the 
CFRWs. Denial of the exemption request would avoid the environmental 
impacts discussed in this EA, unless NRC grants the COLs, in which case 
the impacts would be incurred but they would be delayed until issuance 
of the COLs.

Agencies and Persons Consulted

    The NRC staff consulted with a number of Federal, State, regional, 
Tribal, and local organizations regarding the environmental impacts of 
granting the COLs for proposed STP Units 3 and 4, which includes the 
environmental impacts of installation of CFRWs and other construction 
activities. A complete list of organizations contacted can be found in 
Appendix B of the draft environmental impact statement (DEIS) for COLs 
for STP Units 3 and 4 (NRC 2010c). A partial list of Federal and State 
agencies contacted includes: U.S. Army Corps of Engineers; Advisory 
Council on Historic Preservation; U.S. Environmental Protection Agency 
(Region 6 and headquarters); National Marine Fisheries Service; U.S. 
Fish and Wildlife Service; Texas Commission on Environmental Quality; 
Texas Historical Commission; Texas Parks and Wildlife Department; and 
Texas State Historic Preservation Office. Comments from these agencies 
regarding the overall COLs action were incorporated into the DEIS, and 
if they were applicable to construction activities similar to 
installation of the CFRWs, they have been included in this EA.

Finding of No Significant Impact

    The NRC staff has prepared this EA for the proposed action. On the 
basis of this EA, the NRC staff has determined that there would be no 
significant environmental impacts associated with granting the 
exemption, and an environmental impact statement need not be prepared.

Additional Information

    STPNOC's exemption request is available electronically at the NRC's 
Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. 
From this site, you can access the NRC's Agencywide Documents Access 
and Management System (ADAMS). The ADAMS accession number for the 
exemption request is ML100880055. The ADAMS accession number for the EA 
is ML101580541. The ADAMS accession number for the DEIS for STP Units 3 
and 4 (NUREG-1937, Vols. 1 and 2) is ML100700576. If you do not have 
access to ADAMS or have problems accessing the documents located in 
ADAMS, contact the NRC Public Document Room Reference staff at 1-800-
397-4209, or 301-415-4737, or via e-mail to <a href="/cdn-cgi/l/email-protection#e8988c9ac69a8d9b879d9a8b8da8869a8bc68f879e"><span class="__cf_email__" data-cfemail="f2829680dc8097819d87809197b29c8091dc959d84">[email protected]</span></a>.

    Dated at Rockville, Maryland, this 27th day of October, 2010.

    For the U.S. Nuclear Regulatory Commission.
Scott Flanders,
Division Director, Division of Site and Environmental Reviews, Office 
of New Reactors.

References

STP Nuclear Operating Company (STPNOC). 2006. Letter from S. 
Dannhardt, STPNOC, to B. Martin, Texas Historical Commission, dated 
December 12, 2006, ``Subject: South Texas Projects Units 3 and 4.'' 
ADAMS Accession No. ML092100145.
STP Nuclear Operating Company (STPNOC). 2008. Letter from M. 
McBurnett, STPNOC, to NRC, dated June 9, 2008, ``Cultural or 
Historical Artifact Discovery During Construction.'' ADAMS Accession 
No. ML081640213.
STP Nuclear Operating Company (STPNOC). 2009. South Texas Project 
Units 3 and 4 Combined License Application, Part 3, Environmental 
Report. Revision 3, Bay

[[Page 67788]]

City, Texas. ADAMS Accession No. ML092931600.
STP Nuclear Operating Company (STPNOC). 2010a. Letter from M. 
McBurnett, STPNOC, to NRC, dated March 23, 2010, ``Request for 
Exemption to Authorize Installation of Crane Foundation Retaining 
Walls.'' ADAMS Accession No. ML100880055.
STP Nuclear Operating Company (STPNOC). 2010b. Letter from Scott 
Head, STPNOC, to NRC, dated July 21, 2010, ``Revised Request for 
Exemption to Authorize Installation of Crane Foundation Retaining 
Walls.'' ADAMS Accession No. ML102070274.
U.S. Nuclear Regulatory Commission (NRC). 2000. Environmental 
Standard Review Plan--Review Plans for Environmental Reviews for 
Nuclear Power Plants. NUREG-1555, Washington, DC Includes 2007 
updates.
U.S. Nuclear Regulatory Commission (NRC). 2010a. Letter from M. 
Johnson, NRC, to M. McBurnett, STPNOC, dated January 8, 2010, 
``South Texas Project Nuclear Power Plant Units 3 and 4 Request for 
a Limited Work Authorization for Installation of Crane Foundation 
Retaining Walls.'' ADAMS Accession No. ML093350744.
U.S. Nuclear Regulatory Commission (NRC). 2010b. Letter from R. 
Whited, NRC, to M. Wolfe, Texas Historical Commission, dated March 
19, 2010, ``Section 106 Consultation and Notification of the 
Issuance of the Draft Environmental Impact Statement for the South 
Texas Projects, Units 3 and 4, Combined License Application Review. 
ADAMS Accession No. ML100490740.
U.S. Nuclear Regulatory Commission (NRC). 2010c. Draft Environmental 
Impact Statement for Combined Licenses (COLs) for South Texas 
Project Electric Generating Station, Units 3 and 4. NUREG-1937, Vol. 
1 and 2, Washington, DC Accession No. ML100700576.

[FR Doc. 2010-27764 Filed 11-2-10; 8:45 am]
BILLING CODE 7590-01-P


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