FEDERAL CONSISTENCY CERTIFICATION: COASTAL ZONE …The Coastal Zone Management Act (16 USC 1451 et seq.) (CZMA) imposes certification requirements on the applicant for a federal license

NJ DEP / US NRC December 1, 2006

1

FEDERAL CONSISTENCY CERTIFICATION:

COASTAL ZONE MANAGEMENT ACT OF 1972 (CZMA)

This is the AmerGen Energy Company, LLC (AmerGen) Certification to the U. S. Nuclear Regulatory Commission (NRC) and the State of New Jersey that renewal of the Oyster Creek Generating Station (OCGS) operating license is consistent with enforceable policies of the federally-approved coastal zone management program for the State of New Jersey. This Certification is consistent with and patterned after NRC guidance relevant to the preparation of consistency certifications for federal permits and licenses, as set forth in Appendix E of the NRC Office of Nuclear Reactor Regulation’s “Procedural Guidance for Preparing Environmental Assessments and Considering Environmental Issues” (Ref. 1). It provides the Consistency Certification, set forth below, and then describes the governing statutory and regulatory requirements. The statutory background is followed by a detailed description of the proposed activity (i.e., OCGS license renewal).

This Certification, in combination with the information contained in the attachments hereto, contains the necessary information and data required by the New Jersey Coastal Zone Management Program (CZMP). Specifically, the Certification and attachments fully assess the probable effects of the proposed renewal of the OCGS operating license on any land or water use or natural resource of the coastal zone based on the relevant enforceable policies of the CZMP. Based on the assessment and compliance status of OCGS, AmerGen has provided a brief set of findings in this Certification which summarize the bases for its determination that the proposed renewal of the OCGS and its effects are consistent with the enforceable policies of the CZMP.

CONSISTENCY CERTIFICATION

AmerGen hereby certifies that renewal of the OCGS operating license complies with the enforceable policies of the federally-approved CZMP and will be conducted in a manner consistent with such program.

NECESSARY DATA AND INFORMATION

Statutory and Regulatory Background

The Coastal Zone Management Act (16 USC 1451 et seq.) (CZMA) imposes certification requirements on the applicant for a federal license to conduct an activity that could affect a state’s coastal zone. Specifically, the CZMA requires that any applicant for a federal license or permit or authorization, certification, approval, or other form of permission, which any federal agency is empowered to issue to an applicant to conduct an activity, inside or outside of the coastal zone, affecting any land or water use or natural resource of the coastal zone of that state, shall certify in the application to the approving federal agency that the proposed activity complies with the enforceable policies of the state’s approved program and that such activity will be conducted in a manner consistent with the program. The CZMA also requires the applicant to provide to the state or its designated agency a copy of the certification, with all necessary information and data. [16 USC 1456(c)(3)(A); 15 CFR 930.51(a)]. At the earliest practicable time, the state agency must notify the federal agency and the applicant whether the state concurs with, or objects to, the consistency certification. [15 CFR 930.63(a)]. The National Oceanic and Atmospheric Administration (NOAA) has promulgated regulations implementing


2

the CZMA which indicate that the certification requirement is applicable to renewal of federal licenses for activities not previously reviewed by the state [15 CFR 930.51(b)(1)].

NOAA approved the New Jersey Coastal Management Program in 1978 and approved additional elements in 1980 (Ref. 2). The New Jersey Coastal Management Program is administered by the Land Use Regulation Program within the New Jersey Department of Environmental Protection (NJDEP). The Department maintains a website that describes the program in general terms (Ref. 3). The New Jersey Coastal Management Statutes (Ref. 4) contain guidelines for preservation and management of the coastal area that are set forth in policy statements, standards, and management objectives.

The New Jersey Coastal Management Program comprises a network of offices within NJDEP that serve distinct functions, yet share responsibility for the New Jersey coast. The Coastal Management Program (CMP or CZMP) implements three major state laws: the Waterfront Development Law; the Wetlands Act of 1970; and the Coastal Area Facility Review Act (CAFRA). The Hackensack Meadowlands Reclamation and Development Act and the Freshwater Wetlands Protection Act are additional authorities for Federal Consistency Review. Enforceable policies are contained in the Coastal Zone Management rules (New Jersey Administrative Code [NJAC] 7:7E), the Coastal Permit Program rules (NJAC 7:7) and the Freshwater Wetlands Protection Act rules (NJAC 7:7A). (Ref. 3) Attachment A identifies the New Jersey coastal management rules applicable to OCGS license renewal.

The OCGS received its operating license in 1969, prior to promulgation of the CZMA or approval of the New Jersey CMP. Should a question arise about consistency with a specific aspect of the New Jersey Coastal Management Program that NOAA has not reviewed and approved, the State and NRC should keep in mind that the CZMA requires consistency only with those portions of the State’s CMP that have been approved by NOAA.

Proposed Action

The NRC operating license for OCGS authorizes operation until April 2009. NRC regulations in 10 CFR Parts 51 and 54 provide for the renewal of existing plant operating licenses and, in fact, as of this writing, the NRC has renewed 47 operating licenses. In July 2005, AmerGen submitted the license renewal application for OCGS to the NRC seeking to extend the license term to April 2029, and subsequently supplemented or revised the application in response to NRC questions and data requests. Attachment B is the AmerGen application for license renewal to the NRC. As part of the license renewal application, AmerGen included not only an assessment of systems, structures, and components important to continued safe plant operation, but also an extensive assessment of the environmental impacts of continued plant operation.

By way of background, OCGS is an electric generating station located within the New Jersey coastal zone, in Lacey Township, Ocean County, between the South Branch of the Forked River and Oyster Creek, two miles inland of Barnegat Bay. Since the plant was first licensed to operate in 1969, there has been a tremendous amount of development in the vicinity of Barnegat Bay unrelated to AmerGen or the plant’s previous owners. From 1970 through 2004, Ocean County’s population grew by 344,781 to 553,300 residents, outpacing the growth rate of New Jersey (165.4% vs. 21.3%). In 2004, Ocean County ranked number one in New Jersey in single-family residential building permits. Ocean County is one of the fastest growing counties in New Jersey. (See Attachment A, Response to NJAC 7:7E-7.4)


3

The plant withdraws water for non-contact cooling from Barnegat Bay via the South Branch of the Forked River and a manmade intake canal, and returns the heated discharge to Barnegat Bay via a manmade discharge canal and Oyster Creek. Approximately 60 percent of the area within a 50-mile radius of OCGS is the water of the Atlantic Ocean. Figures E-1 and E-2 are OCGS 50- and 6-mile vicinity maps, respectively.

OCGS is a boiling water nuclear reactor with an expected total output of approximately 1,930 MW thermal with an electric output of approximately 640 MW. The intake structure has four circulating water pumps within two bays. The four pumps provide a continuous supply (maximum of 460,000 gallons per minute [gpm]) of condenser cooling water. After moving through the condensers (and service water systems), water is released into a discharge canal and thence to Oyster Creek, which flows into Barnegat Bay. In addition to the four circulating water pumps (and four service water pumps with a total maximum pump capacity of 16,000 gpm) in the same intake structure, three dilution pumps pull water from the intake canal directly into the discharge canal when needed to ameliorate the elevated temperatures in the discharge canal. Maximum total capacity of the three dilution pumps is 780,000 gpm. Maximum flow with all circulation and dilution pumps working would be 1.25 million gpm; however, the NJPDES permit allows only two dilution pumps to operate simultaneously.

The OCGS workforce consists of approximately 470 AmerGen employees and 150 long-term contract employees. More than 80 percent reside in Ocean County. The OCGS reactor is on a 24-month refueling cycle. During refueling outages, site employment increases by approximately 1,300 workers for temporary (approximately 20 days) duty. AmerGen has no plans to add employees as a result of license renewal.

AmerGen has not identified any refurbishment activities necessary to allow operation for an additional 20 years, and has identified no significant environmental impacts from programs and activities for managing the effects of aging. As such, renewal would result in a continuation of environmental impacts currently regulated, and already permitted by the state. Table E-1 lists State and Federal licenses, permits, and other environmental authorizations for current OCGS operations and Table E-2 identifies compliance activities associated specifically with NRC license renewal.

One transmission line was built to connect OCGS to the regional electric grid. It is operated and maintained by FirstEnergy. The corridor runs approximately 11 miles, from OCGS to the Manitou substation near Toms River, and encompasses about 320 acres (Figure E-2). The southeastern part of New Jersey, in particular, has an increasing demand for electric service. To meet this growing demand, Atlantic City Electric upgraded a 69 kV line to 230 kV from Oyster Creek to the Cardiff substation. Conectiv has constructed part of this new transmission line from the Oyster Creek substation south to Egg Harbor (Figure E-2), but that line is not within the scope of this certification. The proposed action, renewing the OCGS operating license for an additional 20 years, would not require additional transmission lines, nor is AmerGen anticipating that this action would change any corridor maintenance practices. Coastal regulations require protection of vegetation in wetlands, along intermittent stream corridors, and on steep slopes, and protection of threatened and endangered species. Vegetation management contractors of FirstEnergy are required to adhere to vegetation management specifications within FirstEnergy transmission corridors. These specifications describe appropriate use of herbicides and cutting to maintain a vegetative cover protective of the landscape and this is protective of protected species. The NJDEP issues permits to perform


4

vegetation maintenance in wetlands and wetland transition zones as further assurance of protection of resources.

Environmental Impacts of OCGS License Renewal

Relevant to this certification, AmerGen notes that the NRC has prepared a generic environmental impact statement (GEIS) in which it considered the environmental impacts of renewing nuclear power plant operating licenses for a 20-year period. The results of the GEIS are codified in 10 CFR Part 51. In summary, the GEIS identifies 92 potential environmental issues associated with license renewal and reaches generic conclusions related to the environmental impacts of 69 of these so-called Category 1 issues that apply to all plants or to plants with certain specific design or site characteristics. The NRC concluded that Category 1 issues, including the following, have SMALL1 impacts:

• Surface water quality, hydrology, and use

• Aquatic ecology

• Groundwater use and quality

• Terrestrial resources

• Air quality

• Land use

• Human health

• Postulated accidents

• Socioeconomics

• Uranium fuel cycle and waste management

• Decommissioning

In its decision-making for plant-specific license renewal applications, absent new and significant information to the contrary, NRC relies on its codified findings, as amplified by supporting information in the GEIS, for assessment of environmental impacts from Category 1 issues [10 CFR 51.95(c)(4)]. For plants such as OCGS that are located in coastal areas, many of these issues involve impacts to the coastal zone. Table E-3 lists the 92 issues, identifies them as Category 1 or 2, and describes their relevance at OCGS. Of the 69 Category 1 issues identified in the GEIS, 58 are applicable to OCGS. Of these, 25 are relevant to OCGS’s location in the coastal zone. The remaining Category 1 issues do not apply to OCGS because they are associated either with design or operational features the OCGS does not have (e.g., cooling 1 The NRC employs a three-level standard of significance—SMALL, MODERATE, or LARGE—

developed using the Council on Environmental Quality guidelines. The following definition of “SMALL” is set forth in footnotes to Table B-1 of 10 CFR Part 51, Subpart A, Appendix B: “Environmental effects are not detectable or are so minor that they will neither destabilize nor noticeably alter any important attribute of the resource.”


5

ponds), or to an activity (i.e., refurbishment) that OCGS will not undertake for purposes of license renewal.

Additional plant-specific review is required for the remaining 23 issues identified in the GEIS. Such analyses are included in plant-specific supplements to the GEIS. The NRC has identified 21 of the 23 issues as “Category 2,” for which license renewal applicants must submit additional site-specific information.2 Of these, 11 apply to OCGS3, and, 4 could involve impacts to the coastal zone. The two remaining issues, environmental justice and chronic effects of electromagnetic fields, were not categorized by the NRC; the former is addressed in plant-specific supplements to the GEIS, and information regarding the latter was deemed inconclusive by the NRC.

AmerGen evaluated the environmental issues set forth in the GEIS in the Oyster Creek Generating Station Applicant’s Environmental Report – Operating License Renewal Stage, submitted as part of the OCGS license renewal application to NRC (Appendix E of Attachment B). Because the environmental report adopts by reference GEIS discussion of Category 1 issue impacts, and because AmerGen offers these discussions as further evidence of OCGS license renewal having a small impact on New Jersey coastal resources, AmerGen has included the GEIS (Ref. 5) as Attachment C to this certification.

NRC has prepared Draft Supplement 28 to the GEIS as part of its review of the AmerGen application for renewal of the OCGS license (Attachment D; Ref. 6). Therein, the NRC Staff considered all 92 environmental issues identified in the GEIS. It also considered the environmental impacts associated with alternatives to license renewal4 and compared the environmental impacts of license renewal to those of the alternatives. In addition, in response to draft conditions presented in the proposed New Jersey Pollutant Discharge Elimination System (NJDPES) permit issued in July 2005, the NRC Staff also considered the environmental impacts of alternatives to the existing once-through cooling water system employed at OCGS.

Neither NRC nor AmerGen has identified information that is both new and significant related to Category 1 issues that would call into question the conclusions in the GEIS. Similarly, neither the scoping process nor the NRC Staff has identified any new issue applicable to OCGS that has a significant environmental impact. Therefore, the NRC Staff relies upon the conclusions of the GEIS for the 58 Category 1 issues applicable to OCGS.

Eleven Category 2 issues, as well as environmental justice and chronic effects of electromagnetic fields, are discussed in detail in the DSEIS. For all 11 Category 2 issues and environmental justice, the Staff concludes that the potential environmental effects are of SMALL significance in the context of the standards set forth in the GEIS, (see note # 1 supra) and that no further evaluation of chronic effects of electromagnetic fields is necessary due to an absence of consensus on the issue by appropriate federal agencies. Thus, the preliminary 2 10 CFR 51, Subpart A, Appendix B, Table B-1 also identifies 2 issues as “NA” for which NRC could not

come to a conclusion regarding categorization. AmerGen believes that these issues, chronic effects of electromagnetic fields and environmental justice, do not affect the “coastal zone” as that phrase is defined by the Coastal Zone Management Act [16 USC 1453(1)].

3 The remaining Category 2 issues do not apply to OCGS either because they are associated with design or operational features that OCGS does not have (e.g., cooling ponds) or to an activity, refurbishment, that OCGS will not undertake.

4 The alternatives to license renewal include the no-action alternative (i.e., not renewing OCGS operating license) and alternative methods of power generation—most likely gas- or coal-fired generation.


6

recommendation of the NRC Staff is that the Commission determine that the adverse environmental impacts of license renewal at OCGS are not so great that preserving the option of license renewal for energy-planning decisionmakers would be unreasonable.

New Jersey Coastal Management Program

Attachment A lists the policies of the New Jersey CZMP and discusses the applicability of each to OCGS. In addition, it reproduces each potentially applicable Coastal Zone Management rule adopted by the Department and explains the basis for AmerGen’s conclusion that renewal of the OCGS Operating License will comply, or that the rule does not apply to the proposed license renewal.

Findings

In summary the information provided with certification supports the following findings:

1. In the Draft Supplemental Environmental Impact Statement, the NRC Staff has determined that the impact of Category 1 and 2 license renewal environmental issues applicable to the OCGS on the coastal zone are SMALL (see note #1 supra).

2. The National Marine Fisheries Service had determined that continued OCGS operations are not likely to jeopardize the existence of endangered Kemp’s ridley, green or threatened loggerhead sea turtles.

3. OCGS is in compliance with New Jersey’s licensing and permitting requirements and its state-issued licenses and permits. To the best of AmerGen's knowledge, the transmission corridor associated with OCGS, which is owned, operated, and maintained by FirstEnergy, is in compliance with New Jersey licensing and permitting requirements.

4. Renewal of AmerGen’s license rand continued operation of OCGS would be consistent with the enforceable policies of the New Jersey coastal zone management program. By letter dated September 15, 2006, NJDEP concurred with the list of relevant regulations in the NOAA-required Checklist submitted by AmerGen (letter 2130-06-20379 dated August 15, 2006). Attachment A provides an explanation of the impacts of OCGS operations. The format for Attachment A is as follows: the attachment lists each regulation in the New Jersey CMP, describes relevant OCGS activities and provides a conclusion as to the impacts of such activities. OCGS and AmerGen are in compliance with the Coastal Zone Management Program.


7

STATE NOTIFICATION

By this certification that OCGS license renewal is consistent with New Jersey’s Coastal Zone Management Program, New Jersey is notified that it has six months from receipt of this letter and accompanying information in which to concur with or object to AmerGen’s certification (15 CFR 930.62(a)).

We would welcome an opportunity to meet with you as soon as possible to discuss any questions you may have about this certification.

New Jersey’s concurrence, objection, or notification of review status shall be sent to:

Rani Franovich Chief of Environmental Section Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission One White Flint 11555 Rockville Pike Rockville, MD 20555 (301) 415-3360

Pam Cowan Director, Licensing and Regulatory Affairs Exelon Corporation 200 Exelon Way Kennett Square, PA 19348 (610) 765-5664


8

ATTACHMENTS

Attachment A - New Jersey Coastal Zone Management Rules.

Attachment B – License Renewal Application; Oyster Creek Generating Station; Docket No. 50-219; Facility Operating License No. DPR-16.

Attachment C - Generic Environmental Impact Statement for License Renewal of Nuclear Plants.

Attachment D - Generic Environmental Impact Statement for License Renewal of Nuclear Plants; Supplement 28, Regarding Oyster Creek Nuclear Generating Station, Draft Report for Comment.

REFERENCES

1. NRR Office Instruction No. LIC-203, “Procedural Guidance for Preparing Environmental Assessments and Considering Environmental Issues.” U. S. Nuclear Regulatory Commission, Office of Nuclear Reactor Regulation. May 24, 2004.

2. State and Territory Coastal Management Program Summaries, New Jersey Coastal Management Program. National Oceanic and Atmospheric Administration. Available on line at http://coastalmanagement.noaa.gov/mystate/nj.html. Accessed November 13, 2006.

3. New Jersey Department of Environmental Protection. 2004. Coastal Management Program. Available at http://www.nj.gov/dep/cmp. Accessed June 21, 2006.

4. New Jersey Administrative Code, Title 7, Chapter 7E, Coastal Zone Management rules.

5. Generic Environmental Impact Statement for License Renewal of Nuclear Plants, U. S. Nuclear Regulatory Commission, NUREG-1437, May 1996. Available on line at http://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr1437. Accessed June 21, 2006.

6. Generic Environmental Impact Statement for License Renewal of Nuclear Plants; Supplement 28, Regarding Oyster Creek Nuclear Generating Station, Draft Report for Comment. U. S. Nuclear Regulatory Commission, NUREG-1437, Supplement 28, June 2006. Available online at http://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr1437/supplement28/index.html. Accessed November 13, 2006.


9

Figure E-1, 50-Mile Vicinity Map


10

Figure E-2, 6-Mile Vicinity Map

NJ

DE

P /

US

NR

C

Dec

embe

r 1, 2

006

11

Ta

ble

E-1.

En

viro

nmen

tal A

utho

rizat

ions

for C

urre

nt O

CG

S O

pera

tions

.

Age

ncy

Aut

horit

y R

equi

rem

ents

N

umbe

r Is

sue

or

Expi

ratio

n D

ate

Act

ivity

Cov

ered

Fede

ral R

equi

rem

ents

to L

icen

se R

enew

al

U. S

. Nuc

lear

R

egul

ator

y C

omm

issi

on

Ato

mic

Ene

rgy

Act

(4

2 U

SC 2

011,

et s

eq.),

10

CFR

50.

10

Lice

nse

to o

pera

te

DP

R-1

6 Is

sued

: 4/

9/19

69

Exp

ires:

4/9

/200

9

Ope

ratio

n of

OC

GS

U.S

. Dep

artm

ent o

f Tr

ansp

orta

tion

49 U

SC

510

8 R

egis

tratio

n 05

2804

7000

04M

O

Issu

ed:

5/28

/04

Exp

ires:

6/3

0/07

H

azar

dous

mat

eria

ls

ship

men

ts

Nat

iona

l Mar

ine

Fish

erie

s Se

rvic

e

End

ange

red

Spe

cies

A

ct o

f 197

3 (1

6 U

SC

15

31-1

544)

Inci

dent

al T

ake

Per

mit

- Sea

Tur

tles

Is

sued

: 9/

22/2

005

Exp

ires:

4/9

/200

9 un

less

inci

dent

al

take

lim

its a

re

exce

eded

Pos

sess

ion

and

disp

ositi

on o

f im

ping

ed o

r stra

nded

se

a tu

rtles

New

Jer

sey

Dep

artm

ent o

f E

nviro

nmen

tal

Pro

tect

ion

Cle

an W

ater

Act

(33

US

C 1

251

et s

eq.),

N

J S

tatu

tes

Ann

otat

ed

(N.J

.S.A

.) W

ater

P

ollu

tion

Con

trol A

ct

58:1

0A e

t seq

. and

N. J

. A

dmin

istra

tive

Cod

e (N

.J.A

.C.)7

:14A

et s

eq.

New

Jer

sey

Pol

luta

nt

Dis

char

ge E

limin

atio

n S

yste

m P

erm

it –

surfa

ce w

ater

NJ0

0055

50

Issu

ed:

10/2

1/94

E

xpire

s: r

emai

ns

in e

ffect

pen

ding

st

ate

actio

n on

cu

rren

t app

licat

ion

Was

tew

ater

(in

dust

rial s

urfa

ce

wat

er, t

herm

al

surfa

ce w

ater

and

st

orm

wat

er ru

noff)

di

scha

rges

to O

yste

r C

reek

, and

For

ked

Riv

er

New

Jer

sey

Dep

artm

ent o

f E

nviro

nmen

tal

Pro

tect

ion

Cle

an W

ater

Act

(33

US

C 1

251

et s

eq.),

N

.J.S

.A. 5

8:10

A e

t seq

. an

d N

.J.A

.C. 7

:14A

et

seq.

New

Jer

sey

Pol

luta

nt

Dis

char

ge E

limin

atio

n S

yste

m P

erm

it –

grou

nd w

ater

NJ0

1019

66

Issu

ed:

2/20

/04

Exp

ires:

2/2

0/09

W

aste

wat

er

(per

cola

tion

lago

on,

unde

rgro

und

inje

ctio

n, d

redg

e sp

oils

) to

grou

ndw

ater

NJ

DE

P /

US

NR

C

Dec

embe

r 1, 2

006

12

Tabl

e E-

1.

Envi

ronm

enta

l Aut

horiz

atio

ns fo

r Cur

rent

OC

GS

Ope

ratio

ns (C

ontin

ued)

Age

ncy

Aut

horit

y R

equi

rem

ents

N

umbe

r Is

sue

or

Expi

ratio

n D

ate

Act

ivity

Cov

ered

New

Jer

sey

Dep

artm

ent o

f E

nviro

nmen

tal

Pro

tect

ion

Coa

stal

Are

a Fa

cilit

y R

evie

w A

ct (N

.J.S

. A.

13:1

9-1

et s

eq.),

W

ater

front

D

evel

opm

ent A

ct

(N.J

.S.A

. 12:

5-3)

, and

W

etla

nds

Act

of 1

970

(N.J

.S.A

. 13:

9A-1

et

seq

.)

Cer

tific

atio

n

C

ompl

ianc

e w

ith

Coa

stal

Zon

e m

anag

emen

t rul

es,

Fres

hwat

er

Wet

land

s pr

otec

tion

rule

s, a

nd C

oast

al

Per

mit

Pro

gram

ru

les

New

Jer

sey

Dep

artm

ent o

f E

nviro

nmen

tal

Pro

tect

ion

Wat

er S

uppl

y M

anag

emen

t Act

, N

.J.S

.A. 5

8: 1

A e

t seq

.

Wat

er U

se

Reg

istra

tion

1110

8W

Issu

ed:

7/25

/01

Exp

ires:

not

ap

plic

able

Reg

iste

rs tw

o w

ells

w

ith c

olle

ctiv

e di

vers

ions

of l

ess

than

100

,000

ga

llons

per

day

N

ew J

erse

y D

epar

tmen

t of

Env

ironm

enta

l P

rote

ctio

n

N.J

.A.C

. 7:7

A

Fres

hwat

er W

etla

nds

Sta

tew

ide

Gen

eral

P

erm

it

1500

-02-

0004

.1

Issu

ed:

6/4/

02

Exp

ires:

6/4

/07

Rem

ove

vege

tatio

n fro

m fi

re p

ond

Oce

an C

ount

y S

oil

Con

serv

atio

n D

istri

ct

Cha

pter

251

, Soi

l E

rosi

on a

nd S

edim

ent

Con

trol A

ct, P

.L. 1

95

Cer

tific

ate

SC

D 1

302

Issu

ed:

7/19

/05

Exp

ires:

1/1

9/09

Soi

l Ero

sion

Con

trol

and

Sed

imen

t C

ontro

l pla

n fo

r up

land

dre

dge

disp

osal

site

N

ew J

erse

y D

epar

tmen

t of

Env

ironm

enta

l P

rote

ctio

n

Cle

an A

ir A

ct (4

2 U

SC

7401

et s

eq);

Air

Pol

lutio

n C

ontro

l Act

(1

954)

, N.J

.S.A

. 26

:2C

-9.2

Cer

tific

ate

to o

pera

te

PC

P97

0001

Is

sued

: 9/

8/02

E

xpire

s: 9

/8/0

7 A

ir em

issi

on fo

r D

L-42

boi

ler a

nd

DL-

68 b

oile

r

NJ

DE

P /

US

NR

C

Dec

embe

r 1, 2

006

13

Tabl

e E-

1.

Envi

ronm

enta

l Aut

horiz

atio

ns fo

r Cur

rent

OC

GS

Ope

ratio

ns (C

ontin

ued)

Age

ncy

Aut

horit

y R

equi

rem

ents

N

umbe

r Is

sue

or

Expi

ratio

n D

ate

Act

ivity

Cov

ered

New

Jer

sey

Dep

artm

ent o

f E

nviro

nmen

tal

Pro

tect

ion

Cle

an A

ir A

ct (4

2 U

SC

7401

et s

eq);

Air

Pol

lutio

n C

ontro

l Act

(1

954)

, N.J

.S.A

. 26

:2C

-9.2

Cer

tific

ate

to o

pera

te

PC

P97

0002

Is

sued

: 10

/9/0

2 E

xpire

s: 1

0/9/

07

Em

erge

ncy

Fire

D

iese

l 1-2

New

Jer

sey

Dep

artm

ent o

f E

nviro

nmen

tal

Pro

tect

ion

Cle

an A

ir A

ct (4

2 U

SC

7401

et s

eq);

Air

Pol

lutio

n C

ontro

l Act

(1

954)

, N.J

.S.A

. 26

:2C

-9.2

Cer

tific

ate

to o

pera

te

PC

P97

0003

Is

sued

: 11

/14/

02

Exp

ires:

11/

14/0

7 #1

boi

ler

New

Jer

sey

Dep

artm

ent o

f E

nviro

nmen

tal

Pro

tect

ion

Cle

an A

ir A

ct (4

2 U

SC

7401

et s

eq);

Air

Pol

lutio

n C

ontro

l Act

(1

954)

, N.J

.S.A

. 26

:2C

-9.2

Cer

tific

ate

to o

pera

te

PC

P97

0005

Is

sued

: 1/

8/03

E

xpire

s: 1

/8/0

8 Fo

rked

Riv

er

Em

erge

ncy

Fire

D

iese

l

New

Jer

sey

Dep

artm

ent o

f E

nviro

nmen

tal

Pro

tect

ion

Cle

an A

ir A

ct (

42 U

SC

7401

et s

eq);

Air

Pol

lutio

n C

ontro

l Act

(1

954)

, N.J

.S.A

. 26

:2C

-9.2

Cer

tific

ate

to o

pera

te

PC

P97

0006

Is

sued

: 10

/31/

02

Exp

ires:

10/

29/0

7 D

irty

Oil

Lube

Tan

k

New

Jer

sey

Dep

artm

ent o

f E

nviro

nmen

tal

Pro

tect

ion

Cle

an A

ir A

ct (4

2 U

SC

7401

et s

eq);

Air

Pol

lutio

n C

ontro

l Act

(1

954)

, N.J

.S.A

. 26

:2C

-9.2

Cer

tific

ate

to o

pera

te

PC

P96

0005

Is

sued

: 3/

23/0

4 E

xpire

s: 3

/23/

09

Mai

n Fu

el T

ank

New

Jer

sey

Dep

artm

ent o

f E

nviro

nmen

tal

Pro

tect

ion

Cle

an A

ir A

ct (4

2 U

SC

7401

et s

eq);

Air

Pol

lutio

n C

ontro

l Act

(1

954)

, N.J

.S.A

. 26

:2C

-9.2

Cer

tific

ate

to o

pera

te

PC

P96

0006

Is

sued

: 7/

10/0

4 E

xpire

s: 7

/10/

09

Em

erge

ncy

Gen

erat

or 1

NJ

DE

P /

US

NR

C

Dec

embe

r 1, 2

006

14

Tabl

e E-

1.

Envi

ronm

enta

l Aut

horiz

atio

ns fo

r Cur

rent

OC

GS

Ope

ratio

ns (C

ontin

ued)

Age

ncy

Aut

horit

y R

equi

rem

ents

N

umbe

r Is

sue

or

Expi

ratio

n D

ate

Act

ivity

Cov

ered

New

Jer

sey

Dep

artm

ent o

f E

nviro

nmen

tal

Pro

tect

ion

Cle

an A

ir A

ct (4

2 U

SC

7401

et s

eq);

Air

Pol

lutio

n C

ontro

l Act

(1

954)

, N.J

.S.A

. 26

:2C

-9.2

Cer

tific

ate

to o

pera

te

PC

P96

0007

Is

sued

: 7/

10/0

4 E

xpire

s: 7

/10/

09

Em

erge

ncy

Die

sel

Gen

erat

or 2

New

Jer

sey

Dep

artm

ent o

f E

nviro

nmen

tal

Pro

tect

ion

Cle

an A

ir A

ct (4

2 U

SC

7401

et s

eq);

Air

Pol

lutio

n C

ontro

l Act

(1

954)

, N.J

.S.A

. 26

:2C

-9.2

Cer

tific

ate

to o

pera

te

PC

P96

0008

Is

sued

: 6/

26/0

6 E

xpire

s: 6

/26/

11

Grit

Bla

ster

New

Jer

sey

Dep

artm

ent o

f E

nviro

nmen

tal

Pro

tect

ion

Cle

an A

ir A

ct (4

2 U

SC

7401

et s

eq);

Air

Pol

lutio

n C

ontro

l Act

(1

954)

, N.J

.S.A

. 26

:2C

-9.2

Cer

tific

ate

to o

pera

te

PC

P02

0001

Is

sued

: 7/

29/0

2 E

xpire

s: 7

/28/

07

Em

erge

ncy

Fire

D

iese

l 1-1

New

Jer

sey

Dep

artm

ent o

f E

nviro

nmen

tal

Pro

tect

ion

Cle

an W

ater

Act

(33

US

C 1

251

et s

eq.);

C

lean

Air

Act

(42

USC

74

01 e

t seq

.); R

esou

rce

Con

serv

atio

n an

d R

ecov

ery

Act

(42

USC

69

01 e

t seq

.); W

ater

P

ollu

tion

Con

trol A

ct,

N.J

.S.A

. 48:

10A

et s

eq.;

Indu

stria

l Site

Rec

over

y A

ct, N

.J.S

.A. 2

6:2C

-1 e

t se

q. a

nd N

.J.A

.C. 7

:14B

Reg

istra

tion

US

T 00

0002

Is

sued

: 8/

24/0

4 E

xpire

s: 8

/24/

09

Und

ergr

ound

st

orag

e ta

nk –

em

erge

ncy

spill

tank

New

Jer

sey

Dep

artm

ent o

f E

nviro

nmen

tal

Pro

tect

ion

Indu

stria

l Site

Rec

over

y A

ct, N

.J.S

.A. 2

6:2C

-1

et.s

eq. a

nd N

.J.A

.C.

7:27

-8

Ope

ratin

g C

ertif

icat

e C

N 0

9974

6 Is

sued

: 11

/14/

06

Exp

ires:

11/

14/1

1

Abo

ve-g

roun

d G

asol

ine

Sto

rage

Ta

nk

NJ

DE

P /

US

NR

C

Dec

embe

r 1, 2

006

15

Tabl

e E-

1.

Envi

ronm

enta

l Aut

horiz

atio

ns fo

r Cur

rent

OC

GS

Ope

ratio

ns (C

ontin

ued)

Age

ncy

Aut

horit

y R

equi

rem

ents

N

umbe

r Is

sue

or

Expi

ratio

n D

ate

Act

ivity

Cov

ered

New

Jer

sey

Dep

artm

ent o

f E

nviro

nmen

tal

Pro

tect

ion

N.J

.A.C

. 7:1

8 et

seq

. La

bora

tory

C

ertif

icat

ion

1530

4 Is

sued

: 7/

01/0

6 E

xpire

s: 6

/30/

07

Sta

te c

ertif

ied

labo

rato

ry to

pe

rform

list

ed

anal

yses

N

ew J

erse

y D

epar

tmen

t of

Tran

spor

tatio

n

New

Jer

sey

Rev

ised

S

tatu

tes,

Titl

e 6

Cer

tific

ate

of L

icen

se

H-2

05

Issu

ed:

1/31

/200

6 E

xpire

s: 1

/31/

2007

Oys

ter C

reek

H

elis

top

New

Jer

sey

Dep

artm

ent o

f E

nviro

nmen

tal

Pro

tect

ion

Cle

an A

ir A

ct (4

2 U

SC

7401

et s

eq);

Air

Pol

lutio

n C

ontro

l Act

(1

954)

, N.J

.S.A

. 26

:2C

-9.2

Cer

tific

ate

to O

pera

te

E-4

01

Issu

ed:

2/13

/06

Exp

ires:

2/1

3/11

ED

G F

uel O

il S

tora

ge T

ank

Sou

th C

arol

ina

Dep

artm

ent o

f H

ealth

and

E

nviro

nmen

tal

Con

trol –

Div

isio

n of

Was

te

Man

agem

ent

Sou

th C

arol

ina

Rad

ioac

tive

Was

te

Tran

spor

tatio

n an

d D

ispo

sal A

ct

(Act

No.

429

)

Sou

th C

arol

ina

Rad

ioac

tive

Was

te

Tran

spor

t Per

mit

0043

-29-

04

12/3

1/06

Tran

spor

tatio

n of

ra

dioa

ctiv

e w

aste

in

to th

e S

tate

of

Sou

th C

arol

ina

Com

mon

wea

lth o

f V

irgin

ia

Dep

artm

ent o

f E

nviro

nmen

tal

Pro

tect

ion

Virg

inia

Dep

artm

ent o

f E

mer

genc

y M

anag

emen

t Ti

tle 4

4, C

ode

of

Virg

inia

, Cha

pter

3.3

, S

ectio

n 44

-146

.3

Virg

inia

Reg

istra

tion

to T

rans

port

Haz

ardo

us

Rad

ioac

tive

Mat

eria

ls

AO

-S-0

6300

6 Is

sued

: 6/

29/2

005

Exp

ires:

7/3

1/20

08

Tran

spor

t of

haza

rdou

s ra

dioa

ctiv

e m

ater

ials

Sta

te o

f Ten

ness

ee

Dep

artm

ent o

f E

nviro

nmen

t and

C

onse

rvat

ion

Div

isio

n of

R

adio

logi

cal

Hea

lth

Tenn

esse

e D

epar

tmen

t of

Env

ironm

ent a

nd

Con

serv

atio

n R

ule

1200

-2-1

0.32

Tenn

esse

e R

adio

activ

e W

aste

Li

cens

e-fo

r-Del

iver

y

T-N

J001

-L05

Is

sued

: 1/

1/06

E

xpire

s:12

/31/

06

Tran

spor

tatio

n of

ra

dioa

ctiv

e w

aste

in

to th

e S

tate

of

Tenn

esse

e

NJ

DE

P /

US

NR

C

Dec

embe

r 1, 2

006

16

Tabl

e E-

1.

Envi

ronm

enta

l Aut

horiz

atio

ns fo

r Cur

rent

OC

GS

Ope

ratio

ns (C

ontin

ued)

Age

ncy

Aut

horit

y R

equi

rem

ents

N

umbe

r Is

sue

or

Expi

ratio

n D

ate

Act

ivity

Cov

ered

New

Jer

sey

Dep

artm

ent o

f E

nviro

nmen

tal

Pro

tect

ion

40 C

FR 2

66 S

ubpa

rt N

N

.J.A

.C. 7

:26G

C

ondi

tiona

l E

xem

ptio

n

S

tora

ge a

nd

treat

men

t of l

ow-

leve

l mix

ed w

aste

Oce

an C

ount

y U

tiliti

es A

utho

rity

A

gree

men

t

O

CG

S p

rovi

des

cont

inuo

us ra

diat

ion

mon

itorin

g of

di

scha

rges

of O

CG

S

was

tew

ater

to

publ

icly

-ow

ned

treat

men

t fac

ility


17

Table E-2. Environmental Authorizations for OCGS License Renewala Agency Authority Requirement Remarks

U.S. Nuclear Regulatory Commission

Atomic Energy Act (42 USC 2011 et seq.)

License renewal Environmental Report submitted in support of license renewal application

U.S. Fish and Wildlife Service

Endangered Species Act Section 7 (16 USC 1536)

Consultation Requires federal agency issuing a license to consult with the U.S. Fish and Wildlife Service/National Marine Fisheries Service

New Jersey Department of Environmental Protection

Clean Water Act Section 401 (33 USC 1341)

Certification State issuance of NJPDES permit (Section 9.1.5) constitutes 401 certification

Coastal Zone Management Act (16 USC 1452 et seq.)

Certification Requires applicant to prove certification to federal agency issuing the license that license renewal would be consistent with the federally approved State Coastal Zone Management program. Based on its review of the proposed activity, the State must concur with or object to the applicant's certification

New Jersey Office of Historic Preservation

National Historic Preservation Act Section 106 (16 USC 470f)

Certification Requires federal agency issuing a license to consider cultural impacts and consult with State Historic Preservation Officer (SHPO).

a. No renewal-related requirements identified for local or other agencies.


18

Table E-3. 92 Environmental Issues Evaluated for License Renewal and Applicability to Coastal Zone Management Program

Issue Category

Relevant to OGGS at a

Coastal Site Comments Surface Water Quality, Hydrology, and Use (for all plants)

1. Impacts of refurbishment on surface water quality

1 NA Issue applies to an activity, refurbishment, that OCGS has no plans to undertake.

2. Impacts of refurbishment on surface water use


3. Altered current patterns at intake and discharge structures

1 yes

4. Altered salinity gradients 1 yes 5. Altered thermal stratification of lakes 1 NA Issue applies to a plant

feature, discharge to a lake, that OCGS does not have.

6. Temperature effects on sediment transport capacity

1 yes

7. Scouring caused by discharged cooling water

1 yes

8. Eutrophication 1 yes 9. Discharge of chlorine or other

biocides 1 yes

10. Discharge of sanitary wastes and minor chemical spills

1 yes

11. Discharge of other metals in waste water

1 yes

12. Water use conflicts (plants with once-through cooling systems)

1 no

13. Water use conflicts (plants with cooling ponds or cooling towers using make-up water from a small river with low flow)

2 NA Issue applies to a plant feature, cooling ponds or cooling towers, that OCGS does not have.

Aquatic Ecology (for all plants) 14. Refurbishment impacts to aquatic

resources 1 NA Issue applies to an activity,

refurbishment, that OCGS has no plans to undertake.

15. Accumulation of contaminants in sediments or biota

1 yes

16. Entrainment of phytoplankton and zooplankton

1 yes

17. Cold shock 1 yes 18. Thermal plume barrier to

migrating fish 1 yes

19. Distribution of aquatic organisms 1 yes


19


Issue Category


Coastal Site Comments 20. Premature emergence of aquatic

insects 1 yes

21. Gas supersaturation (gas bubble disease)

1 yes

22. Low dissolved oxygen in the discharge

1 yes

23. Losses from predation, parasitism, and disease among organisms exposed to sublethal stresses

1 yes

24. Stimulation of nuisance organisms (e.g., shipworms)

1 yes

Aquatic Ecology (for plants with once-through and cooling pond heat dissipation systems) 25. Entrainment of fish and shellfish

in early life stages for plants with once-through and cooling pond heat dissipation systems

2 yes

26. Impingement of fish and shellfish for plants with once-through and cooling pond heat dissipation systems

2 yes

27. Heat shock for plants with once-through and cooling pond heat dissipation systems

2 yes

Aquatic Ecology (for plants with cooling-tower-based heat dissipation systems) 28. Entrainment of fish and shellfish

in early life stages for plants with cooling-tower-based heat dissipation systems

1 NA Issue applies to a heat dissipation system, cooling towers, that OCGS does not have.

29. Impingement of fish and shellfish for plants with cooling-tower-based heat dissipation systems


30. Heat shock for plants with cooling-tower-based heat dissipation systems


Groundwater Use and Quality 31. Impacts of refurbishment on

groundwater use and quality 1 NA Issue applies to an activity,


32. Groundwater use conflicts (potable and service water; plants that use < 100 gpm)

1 no


20


Issue Category


Coastal Site Comments 33. Groundwater use conflicts

(potable, service water, and dewatering; plants that use > 100 gpm)

2 NA Issue applies to an activity, using 100 gpm or more of groundwater, that OCGS does not do.

34. Groundwater use conflicts (plants using cooling towers withdrawing make-up water from a small river)

2 NA Issue applies to a plant feature, cooling towers, that OCGS does not have.

35. Groundwater use conflicts (Ranney wells)

2 NA Issue applies to a plant feature, Ranney wells, that OCGS does not have.

36. Groundwater quality degradation (Ranney wells)

1 NA Issue applies to a feature, Ranney wells, that OCGS does not have.

37. Groundwater quality degradation (saltwater intrusion)

1 yes

38. Groundwater quality degradation (cooling ponds in salt marshes)

1 NA Issue applies to a feature, cooling ponds, that OCGS does not have.

39. Groundwater quality degradation (cooling ponds at inland sites)


Terrestrial Resources 40. Refurbishment impacts to

terrestrial resources 2 NA Issue applies to an activity,


41. Cooling tower impacts on crops and ornamental vegetation

1 NA Issue applies to a feature, cooling towers, that OCGS does not have.

42. Cooling tower impacts on native plants

1 NA Issue applies to a feature, cooling towers, that OCGS does not have.

43. Bird collisions with cooling towers 1 NA Issue applies to a feature, cooling towers, that OCGS does not have.

44. Cooling pond impacts on terrestrial resources


45. Power line right-of-way management (cutting and herbicide application)

1 yes

46. Bird collisions with power lines 1 no


21


Issue Category


Coastal Site Comments 47. Impacts of electromagnetic fields

on flora and fauna (plants, agricultural crops, honeybees, wildlife, livestock)

1 no

48. Floodplains and wetlands on power line right-of-way

1 yes

Threatened or Endangered Species (for all plants) 49. Threatened or endangered

species 2 yes

Air Quality 50. Air quality during refurbishment

(non-attainment and maintenance areas)

2 NA Issue applies to an activity, refurbishment, that OCGS does not plan to undertake.

51. Air quality effects of transmission lines

1 no

Land Use 52. Onsite land use 1 yes 53. Power line right-of-way land use

impacts 1 yes

Human Health 54. Radiation exposures to the public

during refurbishment 1 NA Issue applies to an activity,


55. Occupational radiation exposures during refurbishment


56. Microbiological organisms (occupational health)

1 no

57. Microbiological organisms (public health) (plants using lakes or canals, or cooling towers or cooling ponds that discharge to a small river)

2 NA Issues applies to plant features, cooling lakes, canals or towers, that OCGS does not have.

58. Noise 1 no 59. Electromagnetic fields, acute

effects 2 no

60. Electromagnetic fields, chronic effects

NA no

61. Radiation exposures to public (license renewal term)

1 no

62. Occupational radiation exposures (license renewal term)

1 no


22


Issue Category


Coastal Site Comments Socioeconomics

63. Housing impacts 2 no 64. Public services: public safety,

social services, and tourism and recreation

1 no

65. Public services: public utilities 2 no 66. Public services: education

(refurbishment) 2 NA Issue applies to an activity,

refurbishment, that OCGS does not plan to undertake.

67. Public services: education (license renewal term)

1 no

68. Offsite land use (refurbishment) 2 NA Issue applies to an activity, refurbishment, that OCGS does not plan to undertake.

69. Offsite land use (license renewal term)

2 no

70. Public services: transportation 2 no 71. Historic and archaeological

resources 2 no

72. Aesthetic impacts (refurbishment) 1 NA Issue applies to an activity, refurbishment, that OCGS does not plan to undertake.

73. Aesthetic impacts (license renewal term)

1 yes

74. Aesthetic impacts of transmission lines (license renewal term)

1 yes

Postulated Accidents 75. Design basis accidents 1 no 76. Severe accidents 2 no

Uranium Fuel Cycle and Waste Management 77. Offsite radiological impacts

(individual effects from other than the disposal of spent fuel and high-level waste)

1 no

78. Offsite radiological impacts (collective effects)

1 no .

79. Offsite radiological impacts (spent fuel and high-level waste disposal)

1 no

80. Nonradiological impacts of the uranium fuel cycle

1 no


23


Issue Category


Coastal Site Comments 81. Low-level waste storage and

disposal 1 no

82. Mixed waste storage and disposal 1 no 83. Onsite spent fuel 1 no 84. Nonradiological waste 1 no 85. Transportation 1 no

Decommissioning 86. Radiation doses

(decommissioning) 1 no

87. Waste management (decommissioning)

1 no

88. Air quality (decommissioning) 1 no 89. Water quality (decommissioning) 1 no 90. Ecological resources

(decommissioning) 1 no

91. Socioeconomic impacts (decommissioning)

1 no

Environmental Justice 92. Environmental justice NA no

Documents

FEDERAL CONSISTENCY CERTIFICATION: COASTAL ZONE …The Coastal Zone Management Act (16 USC 1451 et seq.) (CZMA) imposes certification requirements on the applicant for a federal license