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Federal Register / Vol. 86, No. 188 / Friday, October 1, 2021 / Rules and Regulations V. Voluntary Consensus Standards The National Technology Transfer and Advancement Act of 1995 Pub. L.
104113 requires that Federal agencies use technical standards that are developed or adopted by voluntary consensus standards bodies unless the use of such a standard is inconsistent with applicable law or otherwise impractical. In this direct final rule, the NRC revises the Holtec International HISTAR 100 Cask System Cask System design listed in 72.214, List of approved spent fuel storage casks. This action does not constitute the establishment of a standard that contains generally applicable requirements.
VI. Agreement State Compatibility Under the Agreement State Program Policy Statement approved by the Commission on October 2, 2017, and published in the Federal Register on October 18, 2017 82 FR 48535, this rule is classified as Compatibility Category NRCAreas of Exclusive NRC
Regulatory Authority. The NRC program elements in this category are those that relate directly to areas of regulation reserved to the NRC by the Atomic Energy Act of 1954, as amended, or the provisions of 10 CFR chapter I.
Therefore, compatibility is not required for program elements in this category.
Although an Agreement State may not adopt program elements reserved to the NRC, and the Category NRC does not confer regulatory authority on the State, the State may wish to inform its licensees of certain requirements by means consistent with the particular States administrative procedure laws.
VII. Plain Writing The Plain Writing Act of 2010 Pub.
L. 111274 requires Federal agencies to write documents in a clear, concise, and well-organized manner. The NRC has written this document to be consistent with the Plain Writing Act as well as the Presidential Memorandum, Plain Language in Government Writing, published June 10, 1998 63 FR 31885.
VIII. Environmental Assessment and Finding of No Significant Impact Under the National Environmental Policy Act of 1969, as amended, and the NRCs regulations in 10 CFR part 51, Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions, the NRC has determined that this direct final rule, if adopted, would not be a major Federal action significantly affecting the quality of the human environment and, therefore, an environmental impact statement is not required. The NRC has
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made a finding of no significant impact on the basis of this environmental assessment.
A. The Action The action is to amend 72.214 to revise the Holtec International HISTAR
100 Cask System listing within the List of approved spent fuel storage casks to renew, for an additional 40 years, the initial certificate and Amendment Nos.
1, 2, and 3 of Certificate of Compliance No. 1008.
B. The Need for the Action This direct final rule renews the initial certificate and Amendment Nos.
1, 2, and 3 of Certificate of Compliance No. 1008 for the Holtec International HISTAR 100 Cask System design within the list of approved spent fuel storage casks to allow power reactor licensees to store spent fuel at reactor sites in casks with the approved modifications under a general license.
Specifically, this rule extends the expiration date for the Holtec International HISTAR 100 Cask System certificate for an additional 40 years, allowing a power reactor licensee to continue using it under general license provisions in an independent spent fuel storage installation to store spent fuel in dry casks in accordance with 10 CFR
part 72.
C. Environmental Impacts of the Action On July 18,1990 55 FR 29181, the NRC issued an amendment to 10 CFR
part 72 to provide for the storage of spent fuel under a general license in cask designs approved by the NRC. The potential environmental impact of using NRC-approved storage casks was analyzed in the environmental assessment for the 1990 final rule. The environmental assessment for the renewal of the initial certificate and Amendment Nos. 1, 2, and 3 of Certificate of Compliance No. 1008 tiers off of the environmental assessment for the July 18, 1990, final rule. Tiering on past environmental assessments is a standard process under the National Environmental Policy Act of 1969, as amended. As required by 72.240, applications for renewal of a spent fuel storage certificate of compliance design are required to demonstrate that SSCs important to safety will continue to perform their intended function for the requested renewal term. As discussed in the NRC staffs SER for the renewal of the initial certificate and Amendment Nos. 1, 2, and 3, the NRC staff has approved conditions in the renewed initial certificate and Amendment Nos.
1, 2, and 3 requiring the general licensee to implement the aging management
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activities described in the renewal application and incorporated into the UFSAR. These conditions ensure that the Holtec International HISTAR 100
Cask System will continue to perform its intended safety functions and provide reasonable assurance of adequate protection of public health and safety throughout the renewal period.
Incremental impacts from continued use of the HISTAR 100 Cask System under a general license for an additional 40 years are not considered significant.
When the general licensee follows all procedures and administrative controls, including the conditions established because of this renewal, no effluents are expected from the sealed dry cask systems. Activities associated with cask loading and decontamination may result in some small incremental liquid and gaseous effluents, but these activities will be conducted under 10 CFR parts 50 and 52 reactor operating licenses, and effluents will be controlled within existing reactor site technical specifications. Because reactor sites are relatively large, any incremental offsite doses due to direct radiation exposure from the spent fuel storage casks are expected to be small, and when combined with the contribution from reactor operations, well within the annual dose equivalent of 0.25 mSv 25
mrem limit to the whole body specified in 72.104. Incremental impacts on collective occupational exposures due to dry cask spent fuel storage are expected to be only a small fraction of the exposures from operation of the nuclear power station.
The HISTAR 100 Cask System is designed to mitigate the effects of design basis accidents that could occur during storage. Design basis accidents account for human-induced events and the most severe natural phenomena reported for the site and surrounding area.
Postulated accidents analyzed for an independent spent fuel storage installation include tornado winds and tornado-generated missiles, a design basis earthquake, a design basis flood, an accidental cask drop, lightning effects, fire, explosions, and other incidents.
During the promulgation of the amendments that added subpart K to 10
CFR part 72 55 FR 29181; July 18, 1990, the NRC staff assessed the public health consequences of dry cask storage accidents and sabotage events. In the supporting analyses for these amendments, the NRC staff determined that a release from a dry cask storage system would be comparable in magnitude to a release from the same quantity of fuel in a spent fuel storage pool. As a result of these evaluations,
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