[Federal Register Volume 66, Number 216 (Wednesday, November 7, 2001)]
[Notices]
[Pages 56358-56361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27953]
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NUCLEAR REGULATORY COMMISSION
[Docket 70-7005]
Waste Control Specialists, LLC; Issuance of Environmental
Assessment and Finding of No Significant Impact for Exemption From
Certain NRC Licensing Requirements for Special Nuclear Material for
Waste Control Specialists, LLC
The U.S. Nuclear Regulatory Commission (NRC or the Commission) is
considering issuance of an Order pursuant to section 274f of the Atomic
Energy Act that would exempt Waste Control Specialists LLC (WCS) from
certain NRC regulations. The exemption would allow WCS, under specified
conditions, to possess waste containing special nuclear material (SNM),
in greater quantities than specified in 10 CFR part 150, at WCS's
facility located in Andrews County, Texas, without obtaining an NRC
license pursuant to 10 CFR part 70. A description of the operations at
the facility and staff's safety analysis for the exemption are
discussed in the companion Safety Evaluation Report (SER).
Environmental Assessment (EA)
Identification of Proposed Action: Staff proposes to exempt WCS
from the licensing requirements in 10 CFR part 70. The exemption would
permit WCS to possess SNM without regard for mass. Rather than relying
on mass to ensure criticality safety, concentration-based limits are
being applied, such that accumulations of SNM at or below these
concentration limits would not pose a criticality safety concern. The
methodology used to establish these limits is discussed in the SER. The
exemption is contingent on WCS complying with specific conditions in
the exemption. These conditions are as follows:
1. Concentrations of SNM in individual waste containers and/or
during processing must not exceed the following values:
[[Page 56359]]
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Operational limit (gram SNM/ Measurement uncertainty
SNM isotope gram waste) (gram SNM/gram waste)
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U-233............................................... 4.7E-04 7.1E-05
U-235 (10 percent enriched)......................... 9.9E-04 1.5E-04
U-235 (100 percent enriched)........................ 6.2E-04 9.3E-05
Pu-239.............................................. 2.8E-04 4.2E-05
Pu-241.............................................. 2.2E-04 3.2E-05
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The measurement uncertainty values in column 3 above represent the
maximum one-sigma uncertainty associated with the measurement of the
concentration of the particular radionuclide. When mixtures of these
SNM isotopes are present in the waste, the sum-of-the-fractions rule,
as illustrated below, should be used.
[GRAPHIC] [TIFF OMITTED] TN07NO01.014
The SNM must be homogeneously distributed throughout the waste. If
the SNM is not homogeneously distributed, then the limiting
concentrations must not be exceeded on average in any contiguous mass
of 600 kilograms.
2. Waste must not contain ``pure forms'' of chemicals containing
carbon, fluorine, magnesium, or bismuth in bulk quantities (e.g., a
pallet of drums, a B-25 box). By ``pure forms,'' it is meant that
mixtures of the above elements such as magnesium oxide, magnesium
carbonate, magnesium fluoride, bismuth oxide, etc. do not contain other
elements. The presence of the above materials will be determined and
documented by the generator, based on process knowledge or testing.
3. Waste accepted must not contain total quantities of beryllium,
hydrogenous material enriched in deuterium, or graphite above one tenth
of one percent of the total weight of the waste. The presence of the
above materials will be determined and documented by the generator,
based on process knowledge, or testing.
4. Waste packages must not contain highly water soluble forms of
SNM greater than 350 grams of U-235 or 200 grams of U-233 or 200 grams
of Pu. The sum of the fractions rule will apply for mixtures of U-233,
U-235, and Pu. When multiple containers are processed in a larger
container, the total quantity of soluble SNM shall not exceed these
mass limits. Highly soluble forms of SNM include, but are not limited
to: uranium sulfate, uranyl acetate, uranyl chloride, uranyl formate,
uranyl fluoride, uranyl nitrate, uranyl potassium carbonate, uranyl
sulfate, plutonium chloride, plutonium fluoride, and plutonium nitrate.
The presence of the above materials will be determined and documented
by the generator, based on process knowledge or testing.
5. Processing of mixed waste containing SNM will be limited to
chemical stabilization using the following chemicals: Ferrous sulfate,
ferrous sulfide, portland cement, sodium hypochlorite, sodium tripoly-
phosphate, Metaplex II (attapulgite-type clay), hexaderyl mescaptan,
lime, sodium hydroxide, Metaplex III, hydrogen peroxide, sodium
metabisulfate, sodium sulfide, and sodium hydrosulfide.
6. Prior to shipment of waste, WCS shall require generators to
provide a written certification containing the following information
for each waste stream:
a. Waste Description. The description must detail how the waste was
generated, list the physical forms in the waste, and identify uranium
chemical composition.
b. Waste Characterization Summary. The data must include a general
description of how the waste was characterized (including the
volumetric extent of the waste, and the number, location, type, and
results of any analytical testing), the range of SNM concentrations,
and the analytical results with error values used to develop the
concentration ranges.
c. Uniformity Description. A description of the process by which
the waste was generated showing that the spatial distribution of SNM
must be uniform, or other information supporting spatial distribution.
d. Manifest Concentration. The generator must describe the methods
to be used to determine the concentrations on the manifests. These
methods could include direct measurement and the use of scaling
factors. The generator must describe the uncertainty associated with
sampling and testing used to obtain the manifest concentrations.
WCS shall review the above information and, if adequate, approve in
writing this pre-shipment waste characterization and assurance plan
before permitting the shipment of a waste stream. This will include
statements that WCS has a written copy of all the information required
above, that the characterization information is adequate and consistent
with the waste description, and that the information is sufficient to
demonstrate compliance with Conditions 1 through 4. Where generator
process knowledge is used to demonstrate compliance with Conditions 1,
2, 3, or 4, WCS shall review this information and determine when
testing is required to provide additional information in assuring
compliance with the Conditions. WCS shall retain this information as
required by the State of Texas to permit independent review.
At the time waste is received, WCS shall require generators of SNM
waste to provide a written certification with each waste manifest that
states that the SNM concentrations reported on the manifest do not
exceed the limits in Condition 1, that the measurement uncertainty does
not exceed the uncertainty value in Condition 1, and that the waste
meets Conditions 2 through 4.
WCS shall require generators to sample and determine the SNM
concentration for each waste stream at the following frequency: (a) If
the concentrations are above one tenth the SNM limits (Condition 1),
once per 600 kg, (b) if the concentrations are below one tenth and
greater than one hundredth of the SNM limits, once per 6,000 kg, and
(c) if the concentrations are below one hundredth of the SNM limits,
once per 60,000 kg.
If the waste is determined to be not homogeneous (i.e., maximum,
which cannot exceed the limits in Condition 1,
[[Page 56360]]
and minimum testing values performed by the generator are greater than
five times the average value), the generator shall sample and determine
the SNM concentration once per 600 kg thereafter, regardless of SNM
concentration. In this case, samples shall be a composite consisting of
four uniformly sampled aliquots.
The certification required under these conditions shall be made in
writing and include the statement that the signer of the certification
understands that this information is required to meet the requirements
of the U.S. Nuclear Regulatory Commission and must be complete and
accurate in all material respects.
7. WCS shall sample and determine the SNM concentration for each
waste stream at the following frequency: (a) If the concentrations are
above one tenth the SNM limits (Condition 1), once per 1,500 kg for the
first shipment and every 6,000 kg thereafter, (b) if the concentrations
are below one tenth and greater than one hundredth of the SNM limits,
once per 20,000 kg for the first shipment and every 60,000 kg
thereafter, and (c) if the concentrations are below one hundredth of
the SNM limits, once per 600,000 kg. This confirmatory testing is not
required for waste to be disposed of at DOE's WIPP facility.
If the waste is determined to be not homogeneous (i.e., maximum and
minimum testing values performed by the generator are greater than five
times the average value), WCS shall sample and determine the SNM
concentration once per 1,500 kg for the first shipment and every 6,000
kg thereafter, regardless of SNM concentration. In this case, samples
shall be a composite consisting of four uniformly sampled aliquots.
8. WCS shall notify the NRC, Region IV office within 24 hours if
any of the above Conditions are violated. A written notification of the
event must be provided within 7 days.
9. WCS shall obtain NRC approval prior to changing any activities
associated with the above Conditions.
Need for the Proposed Action: WCS requested an exemption in a
letter dated February 22, 2000. WCS noted that Envirocare of Utah, Inc.
was granted a similar exemption. As a basis for the request, WCS noted
that it was receiving higher quantities of waste containing SNM for
treatment. They further note that they have not exceeded the current
SNM mass limits in its State of Texas license, but expected that the
current SNM mass limits could severely impact their ability to compete
in future mixed waste treatment markets.
Environmental Impacts of the Proposed Action: WCS is licensed by
the State of Texas, an NRC Agreement State, under a 10 CFR part 30
equivalent license for the treatment and storage of mixed waste and low
level radioactive waste. WCS is also licensed by Texas to dispose of
hazardous wastes. The State of Texas, in support of its licensing
activities, has conducted safety reviews of radiological activities at
the site. The proposed actions now under consideration would allow for
more SNM to be stored on site, but should not substantially change
environmental impacts from current operations. Effluent releases and
potential doses to the public are regulated by the State of Texas and
are not anticipated to change as a result of the increased storage of
SNM on site. It is anticipated that the exemption will result in an
increase (up to 20 percent) in truck shipments to the WCS facility.
However, in the absence of the exemption, these shipments would likely
go to other facilities. In addition, the increased traffic in the area
surrounding WCS will not appreciably change the overall traffic in the
area. Therefore, the net transportation impact will not be significant.
The regulations regarding SNM possession in 10 CFR part 150 set
mass limits whereby a licensee is exempted from the licensing
requirements of 10 CFR part 70 and can be regulated by an Agreement
State. The licensing requirements in 10 CFR part 70 apply to persons
possessing greater than critical mass quantities (as defined in 10 CFR
150.11). The principal emphasis of 10 CFR part 70 is criticality safety
and safeguarding SNM against diversion or sabotage. The NRC staff
considers that criticality safety can be maintained by relying on
concentration limits, under the specified conditions. These
concentration limits are considered an alternative definition of
quantities not sufficient to form a critical mass to the weight limits
in 10 CFR 150.11, thereby assuring the same level of protection. While
there could be impacts if the exemption conditions are not met, such
potential impacts are no different than if current requirements are not
met. Safeguarding of SNM in waste is not considered a significant issue
because of the diffuse form of the SNM in the waste.
A condition of the proposed action (condition 7) would require WCS
to conduct periodic confirmatory concentration verification on waste
containing SNM. WCS currently conducts activities where waste is
handled, but the additional sampling and testing would be in addition
to current site activities already conducted under WCS's radiation
protection program. The additional sampling and testing would also be
conducted under this radiation protection program with an emphasis on
maintaining doses as low as reasonably achievable. The sampling and
testing required will result in an increase in dose to workers.
However, the increase in occupational exposure will be within
regulatory limits and is considered justified in order to provide
additional assurance that the SNM concentrations in waste do not exceed
the specified limits.
Based on the above, the NRC concludes that this proposed exemption
will have no significant radiological or nonradiological environmental
impacts.
Alternatives to the Proposed Action: The NRC staff considered two
alternatives to the proposed action. One alternative to the proposed
action would be to not grant the exemption (no-action alternative).
Under this alternative, WCS would continue to be restricted to possess
limited quantities of SNM. As discussed above, the environmental
impacts from allowing a greater quantity of SNM, subject to
concentration and other conditions, are essentially equivalent to the
no-action alternative. As discussed above, an increase in occupational
exposure would result from the sampling and testing of SNM waste.
Another alternative would be to grant the exemption without
conditions. This option would not provide the same level of protection
against an inadvertent criticality as the current mass limits in 10 CFR
part 150 and would not provide sufficient protection of health, safety,
and the environment. A third alternative would be to grant the
exemption without imposing the condition in the Order to perform
confirmatory testing. This option would not increase the occupational
dose; however, as discussed above and in the SER, this confirmatory
testing is considered necessary to provide additional assurance that
the SNM concentrations reported on the manifest are accurate. Grossly
exceeding the SNM concentration limits could result in an inadvertent
criticality. In this event, it is likely that nearby workers would
receive doses in excess of the annual occupational limits. The limits
defined under the preferred alternative would insure that this event
would not occur or would be remote.
Agencies and Persons Consulted: Officials from the State of Texas,
Department of Health were contacted about this EA for the proposed
action and had no comments.
[[Page 56361]]
Finding of No Significant Impact
The environmental impacts of the proposed action have been reviewed
in accordance with the requirements set forth in 10 CFR part 51. Based
upon the foregoing EA, the NRC finds that the proposed action of
granting an exemption from NRC licensing requirements in 10 CFR Part 70
under the conditions specified will not significantly impact the
quality of the human environment. The staff further finds that none of
the criteria contained in 10 CFR 51.20 which would require the
preparation of an Environmental Impact Statement (EIS) has been met.
Accordingly, the NRC is not required to prepare an EIS for the
proposed exemption.
Dated at Rockville, Maryland this 18th day of October 2001.
For The Nuclear Regulatory Commission.
Thomas H. Essig,
Chief, Environmental & Performance Assessment Branch, Division of Waste
Management, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 01-27953 Filed 11-6-01; 8:45 am]
BILLING CODE 7590-01-P