[Federal Register: October 16, 2003 (Volume 68, Number 200)]
[Notices]
[Page 59645-59647]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16oc03-126]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 40-8989]
Issuance of Environmental Assessment and Finding of No
Significant Impact for Exemption From Certain NRC Licensing
Requirements for Special Nuclear Material for Envirocare of Utah, Inc.
I Introduction
The U.S. Nuclear Regulatory Commission (NRC) is considering
issuance of an Order pursuant to
[[Page 59646]]
Section 274f of the Atomic Energy Act that would modify an Order
transmitted to Envirocare of Utah, Inc. (Envirocare). The original
Order was published in the Federal Register on May 21, 1999 (64 FR
27826). The 1999 Order exempted Envirocare from certain NRC regulations
and permitted Envirocare, under specified conditions, to possess waste
containing special nuclear material (SNM), in greater quantities than
specified in 10 CFR part 150, at Envirocare's low-level waste (LLW)
disposal facility located in Clive, Utah, without obtaining an NRC
license pursuant to 10 CFR part 70. At the request of Envirocare, the
Order was subsequently modified on January 30, 2003, and published in
the Federal Register on February 13, 2003 (68 FR 7399).
Envirocare is licensed by the State of Utah, an NRC Agreement
State, under a 10 CFR part 61 equivalent license for the disposal of
LLW. Envirocare is also licensed by Utah to dispose of mixed-
radioactive and hazardous waste. In addition, Envirocare has an NRC
license (SMC-1559) to dispose of waste containing 11(e)2 byproduct
material.
In a letter dated July 8, 2003, Envirocare requested that the
January 2003 Order be amended as discussed below. Staff's safety
analysis for the revisions to the January 2003 Order is discussed in
the companion Safety Evaluation Report (SER).
II Environmental Assessment (EA)
Identification of Proposed Action
Envirocare proposes that NRC amend the January 2003 Order to: (1)
Modify the table in Condition 1 to a criticality basis for uranium-233
and plutonium isotopes, and revise the concentration limits for uranium
and plutonium to include limits for waste without magnesium oxide; (2)
modify the units of the table from pCi of SNM per gram of waste
material to gram of SNM per gram of waste material; and (3) revise the
language of Condition 5 to be consistent with the revised units in the
table.
Need for the Proposed Action
The table in Condition 1 of the January 2003 Order prescribes
concentration limits that are based on Class A low-level radioactive
waste limits rather than a criticality-based analysis. Envirocare would
like to expand its capabilities to accept additional waste streams. In
order to do so, the SNM concentration limits in the table in Condition
1 of the Order would need to be revised.
Alternatives to the Proposed Action
The NRC staff considered the proposed action and the no-action
alternative. The no-action alternative would be not to revise the
Order.
Affected Environment
NRC has prepared an environmental impact statement (EIS) (NUREG-
1476), SERs, and EAs for its previous actions. The affected environment
for the Envirocare site is described in detail in NUREG-1476.
Environmental Impacts of the Alternatives
No-Action Alternative: For the no-action alternative, the
environmental impacts would be the same as evaluated in the
Environmental Assessments to support the 1999 Order (64 FR 26463, May
14, 1999) and the January 2003 modification of the Order (68 FR 3281).
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 principle 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. The 1999 and January 2003 EAs
concluded that the Order would have no significant radiological or
nonradiological environmental impacts.
Proposed Action: For the proposed action, the environmental impacts
are not expected to be significant. Effluent releases and potential
doses to the public are regulated by the State of Utah and are not
anticipated to change as a result of this revision. In a 2001 EA for
Waste Control Specialists, LLC (WCS) (66 FR 56358), the staff found
that there would be no significant radiological or nonradiological
impacts resulting from the proposed limits of uranium and plutonium,
and the same limits are being applied to Envirocare in this revision of
its Order. In addition, these revisions to the Order are not expected
to significantly change environmental impacts from current operations
at Envirocare. WCS does not use magnesium oxide in its processing;
therefore, in order to use the same limits for uranium and plutonium at
its facility, Envirocare will not use magnesium oxide during treatment
of the waste stream allowed by the revision. This will help ensure
criticality safety during processing.
For Envirocare, the changes to the limits will allow the site to
accept a new waste stream, which may increase the number of waste
shipments to the site. The addition of a new waste stream would result
in approximately 40 additional shipments per year to the site, which
equates to less than one shipment per week. It is not expected that the
small increase in shipments would have a significant environmental
impact to the local area.
Preferred Alternative
The staff has concluded that the proposed action is the preferred
alternative. The radiological and nonradiological impacts are not
expected to be significant.
Agencies and Persons Consulted
Officials from the State of Utah, Department of Environmental
Quality, Division of Radiation Control were contacted about this EA for
the proposed action and had no comments. Because the proposed action is
not expected to have any impact on threatened or endangered species or
historic resources, the Fish and Wildlife Service and the State of Utah
Historic Preservation Officer were not contacted.
III. 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 forgoing EA, the NRC finds that the preferred alternative of
the proposed action will not significantly impact the quality of the
human environment. Accordingly, the NRC has decided not to prepare an
EIS for the proposed exemption.
IV. Further Information
The request for modifying the Order is available for inspection at
NRC's Public Electronic Reading Room at http://www.nrc.gov/NRC/ADAMS/index.html
ML031950334. The September 23, 2003, Safety Evaluation
Report is available at ML032680942. The EA for the January 2003 Order
is available in the Federal Register at 68 FR 3281. The EA for the
exemption for WCS is available in the Federal Register at 66 FR 56358.
Documents may also be obtained from NRC's Public Document Room at U.S.
Nuclear Regulatory Commission, Public Document Room,
[[Page 59647]]
Washington DC 20555. Any questions with respect to this action should
be referred to Anna H. Bradford, Environmental and Performance
Assessment Branch, Division of Waste Management, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington DC 20555-0001. Telephone: (301) 415-5228, Fax: (301) 415-
5397.
Dated at Rockville, Maryland, this 8th day of October, 2003.
For the Nuclear Regulatory Commission.
Lawrence E. Kokajko,
Chief, Environmental and Performance Assessment Branch, Division of
Waste Management, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 03-26137 Filed 10-15-03; 8:45 am]
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