[Federal Register Volume 61, Number 141 (Monday, July 22, 1996)]
[Notices]
[Pages 37937-37938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18491]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 27-47]


Consideration of an Amendment Request to a License for Disposal 
of Low-Level Radioactive Waste Containing Special Nuclear Material by 
Chem-Nuclear Systems, Incorporated and an Opportunity for a Hearing

AGENCY: Nuclear Regulatory Commission.

SUMMARY: The Nuclear Regulatory Commission is considering an amendment 
request of License No. 12-13536-01. This license is issued to Chem-
Nuclear Systems, Incorporated (CNSI) for the disposal of wastes 
containing special nuclear material (SNM) in the low-level radioactive 
waste disposal facility, located near Barnwell, South Carolina. NRC 
licenses this facility under 10 CFR Part 70. The South Carolina license 
was amended on August 11, 1995, to require disposal of Class A waste in 
concrete vaults, as well as improvements to the infiltration monitoring 
system and the enhanced engineering cap design. On October 10, 1995, 
CNSI submitted an amendment request to incorporate these changes of the 
South Carolina license into the NRC license.

FOR FURTHER INFORMATION CONTACT: Timothy E. Harris, Low-Level Waste and 
Decommissioning Projects Branch, Division of Waste Management, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001. Telephone: 
(301) 415-6613. Fax.: (301) 415-5398.

SUPPLEMENTARY INFORMATION:

Background

    The LLW disposal facility located near Barnwell, South Carolina, is 
licensed by the State of South Carolina for disposal of source and 
byproduct material. The NRC license allows the disposal of SNM, and 
acknowledges the State-regulated activities constitute the major site 
activities. As a result, NRC relies extensively on the State's 
regulatory program to evaluate the facility and the licensee's 
capability to demonstrate reasonable assurance that the disposal of LLW 
can be

[[Page 37938]]

accomplished safely. To this end, NRC coordinates review and assessment 
of the licensee with the State of South Carolina, Department of Health 
and Environmental Control. To avoid duplicative effort, NRC has 
identified several areas in which it relies primarily on the State 
regulatory program. Areas distinct to SNM regulation are directly 
evaluated by NRC. Under the NRC license, several State-identified 
license conditions are referenced; this ensures that NRC is aware of 
significant licensee activities requiring State regulatory action. 
Additionally, NRC incorporates conditions in the SNM license which 
provide NRC the latitude to enforce the Agreement State license 
conditions, that is, if NRC determines that such action is necessary. 
Finally, the NRC license does not abrogate or diminish the authority of 
the State of South Carolina governed by its Agreement under section 
274b of the Atomic Energy Act of 1954, as amended, with NRC, to 
regulate, inspect or otherwise exercise control of operations, with 
respect to source and byproduct material, for disposal of that material 
at the LLW disposal facility at Barnwell, South Carolina.
    Prior to the issuance of the proposed amendment, NRC will have made 
findings required by the Atomic Energy Act of 1954, as amended, and 
NRC's regulations. These findings will be documented in a Safety 
Evaluation Report and an Environmental Assessment.
    The NRC provides notice that this is a proceeding on an application 
for a license amendment falling within the scope of Subpart L, 
``Informal Hearing Procedures for Adjudication in Materials Licensing 
Proceedings,'' of NRC's rules and practice for domestic licensing 
proceedings in 10 CFR Part 2. Pursuant to Sec. 2.1205(a), any person 
whose interest may be affected by this proceeding may file a request 
for a hearing in accordance with Sec. 2.1205(c). A request for a 
hearing must be filed within thirty (30) days of the date of 
publication of this Federal Register notice.
    In addition to meeting other applicable requirements of 10 CFR Part 
2 of the NRC's regulations, a request for a hearing filed by a person 
other than an applicant must describe in detail:
    1. The interest of the requester in the proceeding;
    2. How that interest may be affected by the results of the 
proceeding, including the reasons why the requester should be permitted 
a hearing, with particular reference to the factors set out in 
Sec. 2.1205(g);
    3. The requester's areas of concern about the licensing activity 
that is the subject matter of the proceeding; and
    4. The circumstances establishing that the request for a hearing is 
timely in accordance with Sec. 2.1205(c).
    In accordance with 10 CFR Sec. 2.1205(e), each request for a 
hearing must also be served, by delivering it personally or by mail, 
to:
    1. The applicant, Chem-Nuclear Systems, Inc., 140 Stoneridge Drive, 
Columbia, South Carolina 29210, Attention Mr William B. House, and;
    2. The NRC staff, by delivery to the Secretary, U.S. Nuclear 
Regulatory Commission, Washington, D.C., 20555-0001. Attention: 
Docketing and Services Branch; or hand-deliver comments to: 11555 
Rockville Pike, Rockville, MD between 7:45 a.m. and 4:15 p.m., Federal 
workdays.
    For further details with respect to this action, the application 
for amendment request is available for inspection at the NRC's Public 
Document Room, 2120 L Street NW., Washington, DC 20555.

    Dated at Rockville, Maryland, this 16th day of July 1996.

    For the Nuclear Regulatory Commission.
Michael F. Weber,
Chief, Low-Level Waste and Decommissioning Projects Branch, Division of 
Waste Management, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 96-18491 Filed 7-19-96; 8:45 am]
BILLING CODE 7590-01-P