[Federal Register: October 20, 2004 (Volume 69, Number 202)]
[Notices]
[Page 61697-61699]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20oc04-98]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 70-7005]
Issuance of Environmental Assessment and Finding of No
Significant Impact for Modification of Exemption From Certain NRC
Licensing Requirements for Special Nuclear Material for Waste Control
Specialists, LLC., Andrews County, TX
AGENCY: Nuclear Regulatory Commission.
ACTION: Environmental assessment and finding of no significant impact.
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FOR FURTHER INFORMATION CONTACT: James R. Park, Project Manager,
Environmental and Performance Assessment Directorate, Division of Waste
Management and Environmental Protection, Office of Nuclear Material
Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington,
DC 20555. Telephone: (301) 415-5835; Fax number: (301) 415-5397; E-
mail: jrp@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory Commission (NRC) is considering
issuance of an Order pursuant to Section 274f of the Atomic Energy Act
that would modify an Order transmitted to Waste Control Specialists,
LLC (WCS) on November 21, 2001. The Order was published in the Federal
Register on November 15, 2001 (66 FR 57489). The 2001 Order exempted
WCS from certain NRC regulations and permitted 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.
The current action is in response to a request by WCS dated August
6, 2003, as modified by letter dated March 15, 2004. NRC has prepared
an Environmental Assessment (EA) in accordance with the requirements of
10 CFR part 51. Based on the EA, the NRC has concluded that a Finding
of No Significant Impact (FONSI) is appropriate for the proposed action
as modified with additional conditions. The modified Order that
incorporates the results of the NRC staff's evaluation will be issued
following the publication of this Notice.
II. Environmental Assessment
Background
As stated above, the 2001 Order exempted WCS from certain NRC
regulations and permitted WCS, under specified conditions, to possess
waste containing 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. The 2001 Order
permits 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 2001
Safety Evaluation Report (SER) that supported the 2001 Order.
The WCS facility is licensed by the State of Texas, an NRC
Agreement State, under a 10 CFR part 30 equivalent radioactive
materials license. The facility also is licensed by the Texas
Commission on Environmental Quality to treat and dispose of hazardous
waste. In 1997, WCS began accepting Resource Conservation and Recovery
Act (RCRA) and Toxic Substance Control Act (TSCA) wastes for treatment,
storage, and disposal. Later that year, WCS received a license from the
Texas Department of Health for treatment and storage of mixed waste and
low-level waste. The mixed waste and low-level waste streams may
contain quantities of SNM.
By letter dated August 6, 2003, WCS requested that the list of
reagents identified in Condition 5 of the 2001 Order be modified to
include an additional 18 reagents. WCS uses reagents in chemically
stabilizing mixed waste that contains SNM. In response to an NRC staff
request for additional information dated September 30, 2003, WCS
submitted a modified request by letter dated March 15, 2004.
Review Scope
The purpose of this EA is to assess the environmental impacts of
WCS's requested modification to its 2001 Order. This EA does not
approve or deny the requested action. A separate Safety Evaluation
Report (SER) also will be issued in support of the approval or denial
of the requested action. This EA will determine whether to issue or
prepare an Environmental Impact Statement (EIS). Should the NRC issue a
FONSI, no EIS will be prepared.
[[Page 61698]]
Proposed Action
The proposed action is to grant WCS's March 15, 2004, request to
add 22 specified stabilization and oxidation-reduction reagents to
Condition 5 of the 2001 Order. These reagents would be used in WCS's
stabilization of mixed waste that contains SNM.
Purpose and Need for Proposed Action
WCS is making this request so that it can treat incoming mixed
waste that contains SNM using appropriate reagents. In seeking NRC
approval of the reagents specified in its request, WCS hopes to avoid
making multiple requests for NRC approval of stabilization reagents.
Alternatives
In addition to the proposed action, the NRC staff considered two
alternatives. One alternative was to deny WCS's request and thus not
revise the Order (i.e., the no-action alternative). The second
alternative was to revise the Order to remove the specific chemical
names from Condition 5 and instead to add a per-batch, mass limit for
stabilization not to exceed the concentration limits in Condition 1 of
the Order times 600 kilograms (kg) of waste.
Environmental Impacts of No Action Alternative
For the no-action alternative, the environmental impacts would be
the same as those evaluated in the EA that supports the 2001 Order. 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. Based on previous modeling and past
experience, 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 2001 EA concluded that the 2001 Order would have no
significant radiological or non-radiological environmental impacts.
Environmental Impacts of Proposed Action
By letter dated March 15, 2004, WCS discussed its use of chemical
reagents and requested that the list of reagents identified in
Condition 5 of the Order be modified to include an additional 22
reagents. In reviewing WCS's request, the NRC staff identified four
reagents (potassium permanganate, sulfuric acid, phosphoric acid, and
hydrochloric acid) that could change the solubility of the SNM in the
mixed waste being treated, thus potentially changing its concentration.
As discussed previously, the principal emphasis of 10 CFR part 70 is
criticality safety and safeguarding SNM against diversion or sabotage.
The addition of reagents that could increase the concentration of SNM
poses a criticality concern.
The proposed action could allow for more SNM to be stored on site.
In addition, the NRC staff has identified a criticality safety concern.
Effluent releases and potential doses to workers and to the public
could increase as a result of WCS's use of specific reagents in
treating mixed waste containing SNM. These releases and doses are
regulated by the State of Texas.
The proposed action is not expected to result in any changes to the
transportation impacts identified in the 2001 EA. While WCS's request
concerns mixed waste containing SNM that currently is or will be
treated at its facility, WCS believes that approval of its request will
not result in any change in its market opportunities for treating
various waste streams.
Environmental Impacts of Proposed Action With Additional Conditions
As indicated previously, the NRC staff identified criticality
safety concerns with WCS's proposed action. Therefore, under the
proposed action as modified with additional conditions, NRC would
modify Condition 5 of the Order to remove the names of specific
reagents and instead require that WCS, in treating each container of
mixed waste containing SNM, meet a mass limit for stabilization.
Currently, Condition 1 sets concentration limits for SNM in individual
containers and/or during processing. The amended Condition 5 would set
the mass limit for batches of greater than 600 kg of waste at the
concentration limits in Condition 1 times 600 kg of waste. Condition 1
concentration limits would continue to apply to batches of 600 kg of
waste or less. Use of the mass limit in Condition 1 for contiguous
masses of waste of greater than 600 kg reduces criticality safety
concerns since accumulations of SNM at this concentration limit would
not pose a criticality safety concern.
In an electronic mail message (email) to WCS dated April 26, 2004,
the NRC staff documented telephone discussions with WCS concerning the
proposed action with additional conditions. By a response email dated
April 27, 2004, WCS agreed to the NRC staff's proposed revision to
Condition 5 of the Order.
This modification would allow WCS to use the chemical reagents
identified in its submittals, as well as other reagents, so long as the
applicable mass limit for stabilization was met. WCS would continue to
be restricted from using magnesium oxide in the treatment, per
Condition 2 of the 2001 Order.
In addition, the amended Condition 5 would continue to allow WCS to
use reagents as part of its currently approved stabilization process,
which includes oxidation-reduction, pH adjustment, and bulking. This
understanding was clarified in a series of emails dated August 3, 10,
and 13, 2004, between the NRC staff and WCS.
Other conditions of the Order would remain unchanged. Currently,
WCS is permitted to possess SNM without regard for mass. Instead, to
insure criticality safety, a concentration limit is applied, such that
accumulations of SNM at or below this concentration limit would not
pose a criticality safety concern.
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
this action. WCS will continue to conduct its radiation protection
program with an emphasis on maintaining doses as low as reasonably
achievable. Occupational exposure are expected to remain within
regulatory limits.
The proposed action would not result in any changes in the
transportation impacts identified in the 2001 EA. While WCS's request
concerns mixed waste containing SNM that currently is or will be
treated at its facility, WCS believes that approval of its request will
not result in any change in its market opportunities for treating
various waste streams.
All other environmental impacts would be the same as evaluated in
the EA that support the 2001 Order.
Conclusion
Based on its review, the staff concluded in the SER for this
exemption request that the proposed action (i.e., revise the exemption
as requested by WCS without additional conditions) would not provide
sufficient protection of health, safety, and the environment.
[[Page 61699]]
Therefore, staff's preferred alternative is to revise the 2001 Order
with additional conditions. These include adding a per-batch, mass
limit for stabilization not to exceed the concentration limits in
Condition 1 of the exemption times 600 kg of waste and continuing to
restrict WCS from using magnesium oxide in stabilization, per Condition
2 of the exemption. The staff has concluded that, with these revised
conditions, the conclusion in the 2001 EA associated with the 2001
Order remains valid.
Agencies and Persons Consulted
A draft copy of this EA was provided to officials from the State of
Texas Department of Health (TDH). By an e-mail dated August 11, 2004,
the TDH recommended certain editorial changes. The NRC staff has
modified the EA to address the TDH comments.
III. Finding of No Significant Impact
On the basis of the EA, NRC has concluded that there are no
significant environmental impacts from the proposed amendment and has
determined not to prepare an environmental impact statement.
IV. Further Information
Documents related to this action, including the application for
amendment and supporting documentation, are available electronically at
the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html.
From this site, you can access the NRC's Agencywide
Document Access and Management System (ADAMS), which provides text and
image files of NRC's public documents. The ADAMS accession numbers for
the documents related to this notice are:
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Document description Accession No.
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August 6, 2003, WCS initial request..... ML032590937
September 30, 2003, NRC request for ML032731010
additional information.
March 15, 2004, WCS modified request.... ML041350224
September 2004 NRC SER.................. ML042250362
April 26 and 27, 2004, NRC and WCS email ML042450534
messages.
August 11, 2004, TDH email message...... ML042450520
August 3, 10 and 13, 2004 NRC and WCS ML042450511
email messages.
November 21, 2001, NRC EA, SER, and ML030130085
Order.
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If you do not have access to ADAMS or if there are problems in
accessing the documents located in ADAMS, contact the NRC's Public
Document Room (PDR) Reference staff at 1-800-397-4209, 301-415-4737, or
by email to pdr@nrc.gov.
These documents may also be viewed electronically on the public
computers located at the NRC's PDR, O 1 F21, One White Flint North,
11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction
contractor will copy documents for a fee.
Dated at Rockville, Maryland this 14th day of October 2004.
For the Nuclear Regulatory Commission.
Mark Thaggard,
Section Chief, Environmental & Performance Assessment Directorate,
Division of Waste Management and Environmental Protection, Office of
Nuclear Material Safety and Safeguards.
[FR Doc. 04-23428 Filed 10-19-04; 8:45 am]
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