Finding of No Significant Impact; Construction and Operation of the Knolls Site Low Level Radioactive Material Processing Facility, Schenectady County, NY

DEPARTMENT OF ENERGY

Finding of No Significant Impact; Construction and Operation of

the Knolls Site Low Level Radioactive Material Processing Facility,

Schenectady County, NY

AGENCY: Department of Energy.

ACTION: Finding of no significant impact.

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SUMMARY: The Department of Energy (DOE) Office of Naval Reactors has

prepared an Environmental Assessment for the proposed action to

construct and operate the Knolls Site Low Level Radioactive Material

Processing Facility. This facility will include equipment for the

treatment, reclamation, and packaging for off-site disposal of

radiologically controlled liquid and solid waste. The operations to be

conducted are the same as those currently conducted in a portion of

Building H2 at the Knolls Site. Building H2 is part of the former

Separations Process Research Unit complex. This complex was built over

forty years ago and was used in the early 1950's as a pilot-scale

facility for investigating processes for separating fissionable

isotopes from irradiated uranium. Moving current radioactive waste

processing operations to a different location is necessary to make

Building H2 available for decommissioning and removal.

The Environmental Assessment discusses alternatives to the proposed

action and concludes that there are no alternatives to the proposed

action that would accomplish the desired goal of continuing current

waste processing operations at a location other than Building H2 but

close to the locations where the waste is generated. The Environmental

Assessment summarizes and references the extensive body of existing

published reports which discuss the environmental performance of the

Knolls Site, including the releases of radioactivity from the Site and

the absence of environmental impact from Site operations. The

Environmental Assessment discusses the fact that the operations and

amounts of radioactivity processed will remain unchanged.

Naval Reactors provided this Environmental Assessment in draft form

to New York State for review and comment. New York State did not have

any comments.

Based on the analysis in the Environmental Assessment, Naval

Reactors issued a proposed Finding of No Significant Impact on November

4, 1993. The proposed Finding was published in the Federal Register on

November 18, 1993, beginning a 30-day public review period (Vol. 58,

No. 221, pp. 60852-60853). The fact that the proposed Finding appeared

in the Federal Register and was available for review along with the

Environmental Assessment at the Schenectady Public Library was

advertised in several local newspapers in the Schenectady area through

public notices placed by Naval Reactors. Copies of the Environmental

Assessment and proposed Finding also were distributed to interested

parties upon request.

One comment letter was received. The comments contained in this

letter and the Naval Reactors responses are presented in a new Appendix

to the Environmental Assessment. The Appendix has been sent to the

commenter, and has been placed with the Environmental Assessment in the

Schenectady Public Library. A summary of the comments and the Naval

Reactors responses have been included at the end of this notice.

After considering the comments received in this letter, Naval

Reactors has concluded that no new information has been made available

that would change the determination that 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, Naval Reactors

is issuing this final Finding of No Significant Impact.

ADDRESSES AND FURTHER INFORMATION: Persons requesting additional

information on the Finding of No Significant Impact for construction

and operation of the Knolls Site Low Level Radioactive Material

Processing Facility, the National Environmental Policy Act process

associated with this proposed action, or wishing a copy of the

Environmental Assessment should contact Ms. Lisa Megargle, U.S.

Department of Energy, Office of Naval Reactors (NE-60), Washington, DC,

20585, (703)-603-6126.

SUPPLEMENTARY INFORMATION:

Background

The Naval Nuclear Propulsion Program is a joint Navy/DOE program

established in Presidential Executive Order 12344 (permanently enacted

by Public Law 98-525, 42 U.S. Code 7158). The Office of Naval Reactors

is the Naval Nuclear Propulsion Program organization within the DOE.

Under the law, Naval Reactors is responsible for all matters pertaining

to Naval nuclear propulsion including ``* * * research, development,

design, acquisition, specification, construction, inspection,

installation, certification, testing, overhaul, refueling, operating

practices and procedures, maintenance, supply support, and ultimate

disposition of naval nuclear propulsion plants * * *'' and ``* * * the

safety of reactors and associated naval nuclear propulsion plants, and

control of radiation and radioactivity associated with naval nuclear

propulsion activities * * *.'' Naval Reactors is responsible for the

Knolls Atomic Power Laboratory, which conducts research and development

work on improved nuclear propulsion plants for U.S. Navy warships.

Proposed Action

The proposed action is to construct and operate the Knolls Site Low

Level Radioactive Material Processing Facility. This facility will

include equipment for the treatment, reclamation, and packaging for

off-site disposal of radiologically controlled liquid and solid waste.

The operations to be conducted are the same as those currently

conducted in a portion of Building H2 at the Knolls Site. Building H2

is part of the former Separations Process Research Unit complex. This

complex was built over forty years ago and was used in the early 1950's

as a pilot-scale facility for investigating processes for separating

fissionable isotopes from irradiated uranium. That work was unrelated

to nuclear propulsion, but since it had been done at a site now

dedicated to nuclear propulsion work, Naval Reactors is responsible for

managing this complex until its decommissioning and removal can be

arranged. Moving current radioactive waste processing operations to a

different location is necessary to make Building H2 available for

decommissioning and removal.

Alternatives Considered

There are no alternatives to the proposed action that would

accomplish the desired goal of continuing current waste processing

operations at a location other than Building H2 but close to the

locations where the waste is generated.

Environmental Considerations

An extensive body of existing environmental reports document the

environmental performance of the Knolls Site, including current waste

processing operations at the Site. Radiation exposure to any member of

the public due to the Knolls Site is too small to be measurable. The

total annual radiation exposure to the Site workforce is less than the

amount allowed by Federal regulations for a single worker. Releases of

airborne radionuclides result in off-site doses that are less than one

percent of the U.S. Environmental Protection Agency standard set forth

in 40 CFR part 61, subpart H. The General Accounting Office completed

in 1991 a thorough fourteen month review of environment, health, and

safety matters (including reactor safety) at DOE sites under the

cognizance of Naval Reactors, including the Knolls Site. The General

Accounting Office reported to Congress that they found no significant

deficiencies. Since operations to be conducted in the proposed facility

are the same as those currently conducted in Building H2, the proposed

action would result in no change from the current insignificant

environmental impacts from the Knolls Site.

Determination

Based on the information and analysis in the Environmental

Assessment, Naval Reactors considers the proposed action does not

constitute a major Federal action significantly affecting the quality

of the human environment, within the meaning of the National

Environmental Policy Act. Therefore, Naval Reactors has determined that

preparation of an Environmental Impact Statement is not required.

Issued at Arlington, VA this 28th day of December 1993.

B. DeMars,

Deputy Assistant Secretary for Naval Reactors.

Summary of Public Comment on the Environmental Assessment and Proposed

Finding of No Significant Impact and Naval Reactors Responses

One letter was received from the Knolls Action Project, which

describes itself as a ``grassroots citizen group with an extensive

record of public concern for operations at the Knolls Sites.'' A

summary of each substantive comment and the Naval Reactors response is

provided below:

Comment: The Knolls Action Project does not condone the type of

work that is conducted at the low level waste treatment facility since

it is in support of military nuclear operations.

Response: The mission of the Knolls Site is to develop and support

nuclear propulsion technology used by the U.S. Navy. This mission is an

integral part of the national defense and is prescribed by Congress.

Its conduct is beyond the scope of the subject Environmental

Assessment.

Comment: The referenced General Accounting Office report is grossly

inadequate since it was inconsistent with the charges of dangerous and

irresponsible practices brought by current and former Knolls Site

workers.

Response: The 14 month review by the General Accounting Office was

initiated by Congress in response to allegations from current and past

employees, was conducted by an agency accountable to the Congress and

not the Executive Branch, and provided a full opportunity for persons

making allegations of safety and environmental problems to provide

evidence to the investigators. At the time the review was announced in

early 1990, the Knolls Action Project and other critics were widely

reported in the news media as welcoming its performance since the

General Accounting Office is an independent agency. The General

Accounting Office investigators held security clearances and were given

unfettered access to Naval Reactors classified material. Since the

General Accounting Office has issued reports harshly critical of other

nuclear activities, the positive report of this independent review is

particularly noteworthy. The General Accounting Office concluded that

``GAO's review of specific environmental and safety programs at Naval

Reactors facilities shows no basis for allegations that unsafe

conditions exist there or that the environment is being adversely

affected by activities conducted there.''

Comment: Quotations from a 1989 newspaper article of a November

1987 audit by Naval Reactors which observed radiological control

problems at the Knolls Site indicate that statements in the

Environmental Assessment about stringent radiological control practices

cannot be believed. In particular, the unexplained loss of 7000 gallons

of water from the Knolls Site water reuse system casts doubt about the

radioactive material accountability system.

Response: The performance of rigorous, well-documented audits is an

integral part of the Naval Reactors radiological control program.

During its review, the General Accounting Office had access to all

audit reports. All formal audit reports relating to safety,

environment, health, and asbestos for a 30 month period were reviewed.

The General Accounting Office stated ``Deficiencies were noted in all

of the reports, but virtually all of them were of a minor nature, and

according to the documentation we reviewed, all were corrected soon

after they were brought to the attention of the responsible management

unit.'' The comment selectively quoted from the cited newspaper article

and omits portions which note that the deficiencies were minor in

nature. For example, the commenter omitted the portion of the article

which stated that the 7000 gallons of water met U.S. Nuclear Regulatory

Commission standards for radioactivity in drinking water which would

allow its unrestricted release to the environment.

Comment: The Office of Naval Reactors, while conforming to the

letter of the law, has been severely deficient in its responsibilities

to provide for meaningful public involvement in this Environmental

Assessment. In particular, the Environmental Assessment was not

received by the Knolls Action Project until December 8, allowing only

nine days for review and comment. Naval Reactors must take more active

steps to inform the public and media of such studies.

Response: Naval Reactors provided opportunity for public comment

beyond what is required by law and regulation. The draft Finding of No

Significant Impact was published in the Federal Register on November

18, and a 30 day public comment period was provided, even though it is

not required. Furthermore, Naval Reactors took out paid advertisements

in the three principal newspapers of the local area with a combined

circulation of over 240,000, the Albany Times Union (November 28), the

Schenectady Gazette (November 29), and the Saratogian (November 28), to

inform the public and ensure the media was aware of the Environmental

Assessment and the opportunity to comment on the draft Finding of No

Significant Impact. A copy of the Environmental Assessment was

forwarded to the commenter by First Class mail within one work day of

receipt of his request.

Comment: Statements in the Environmental Assessment about the

thoroughness of outside regulatory review, though perhaps correct in

some degree, create the false impression that the Knolls Site is under

strict, thorough, and independent review by New York State offices and

other Federal Government agencies.

Response: The Environmental Assessment stated that the Knolls Site

had been inspected numerous times by the State of New York and the U.S.

Environmental Protection Agency, and that over 80 inspections had been

made since 1983. Only minor administrative items have been noted, and

these items were quickly corrected. There have been no fines or

penalties levied, no enforcement actions taken, and no other adverse

regulatory actions. These inspections included access to classified

information, where necessary. Naval Reactors obtained Department of

Energy security clearances for the inspectors for this purpose.

Comment: The Environmental Assessment downplays the seriousness of

the contamination problems associated with the SPRU complex. The

proposed movement of low-level radioactive waste treatment facilities

from the SPRU complex is essential to protect workers.

Response: The SPRU complex is not the subject of this Environmental

Assessment. However, the Environmental Assessment notes that the total

cumulative occupational radiation exposure of all 2300 Knolls Site

workers is less than that permitted for a single worker. Thus, there is

no radiation exposure problem for workers at the current radioactive

waste handling site. With regard to the potential hazard of the SPRU

buildings to workers and the environment, the General Accounting Office

investigated the SPRU complex and concluded that it had been adequately

characterized, periodically monitored, and controlled where necessary.

Comment: The reference to two classified documents in the sections

dealing with safety and emergency preparedness make independent

assessment of the Environmental Assessment impossible. Reliance on

classified material is fundamentally in conflict with our democratic

system and with the National Environmental Policy Act's requirements

for public information and disclosure.

Response: The Environmental Assessment and its unclassified

references provide a large body of unclassified information by which to

judge the significance of the proposed action of relocating existing

low level radioactive waste processing activities. With regard to

classified references, the Council on Environmental Quality's

regulations for implementation of the National Environmental Policy Act

specifically provide for the control and protection of classified

information and do not oblige its public release. Case law under the

National Environmental Policy Act establishes that agencies may create

classified portions of environmental documents which are not released

to the public. The laws governing protection of information such as

Naval nuclear propulsion technology were enacted by democratic

institutions in the interests of the U.S. and its citizens and are

consistent with Article 2 of the U.S. Constitution, and thus are not

``fundamentally in conflict with democracy.''

Comment: For all of the reasons listed above, the Environmental

Assessment is inadequate. A more detailed and extensive Environmental

Impact Statement should be prepared.

Response: The commenter has not identified any facts which would

suggest that the environmental effects of relocating existing low level

radioactive waste handling to a new building at the Knolls Site would

be a major Federal action having a significant effect on the quality of

the human environment. Thus, a Finding of No Significant Impact is

justified for this project, and an Environmental Impact Statement is

not needed.

[FR Doc. 94-2221 Filed 1-31-94; 8:45 am]

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