[Federal Register Volume 62, Number 127 (Wednesday, July 2, 1997)]
[Notices]
[Pages 35841-35842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17293]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket No. 040-8989, License No. SMC-1559, EA 97-303]


Envirocare of Utah, Inc., Salt Lake City, UT; Confirmatory Order 
(Effective Immediately)

I

    Envirocare of Utah, Inc., (Envirocare) is the holder of Utah 
License No. UT2300249 issued by the State of Utah. The State license 
authorizes Envirocare to transfer, receive, possess and use designated 
radioactive material as specified therein. The State license was most 
recently amended on August 16, 1996, and is currently under timely 
renewal status. Envirocare is also the holder of NRC License No. SMC-
1559, issued by the Nuclear Regulatory Commission (NRC or Commission). 
The NRC license authorizes Envirocare to possess and dispose of source 
material as defined in 10 CFR Part 40, but does not authorize 
possession of Special Nuclear Material (SNM). The NRC license was 
issued on November 19, 1993; was most recently amended on August 7, 
1996; and is due to expire on November 30, 2003.

II

    NRC requirements in 10 CFR 150.10 state, in part, that any person 
in an Agreement State who receives or possesses SNM in quantities not 
sufficient to form a critical mass is exempt from the requirements for 
a license contained in Chapters 6, 7, and 8 of the Atomic Energy Act. 
10 CFR 150.11(a) states, in part, that special nuclear material in 
quantities not sufficient to form a critical mass means uranium 
enriched in the isotope U-235 in quantities not exceeding 350 grams of 
contained U-235.
    On June 9-10, 1997, the NRC conducted an inspection of Envirocare's 
facility near Clive, Utah. During the inspection, the NRC identified 
that Envirocare had received, and had caused to be present on site, SNM 
in excess of the 350 gram limit defined by the formula in 10 CFR 
150.11. Specifically, the inspection revealed that Envirocare had 
caused to be present on site more than 2,400 grams of uranium-235 that 
had not been disposed of.
    Based on further review of Envirocare's procedures, the NRC 
concluded that Envirocare did not correctly account for all SNM under 
its control that is awaiting disposal as being in its possession, which 
resulted in possession of SNM in excess of the

[[Page 35842]]

quantities specified in 10 CFR 150.10 and 10 CFR 150.11(a), a violation 
of the requirement for an NRC license.

III

    As a result of the NRC findings, the NRC issued to Envirocare a 
Confirmatory Action Letter (CAL) on June 12, 1997, which confirmed that 
Envirocare would take certain actions. These actions included: (1) 
Discontinuing receipt of SNM at its facility, except in clearly defined 
circumstances, until receipt of written approval by the NRC; and (2) 
submitting a plan to the NRC for removal, or disposal at its site by 
June 25, 1997, of waste materials such that the sum of all SNM 
remaining on site would not exceed the formula quantity prescribed by 
10 CFR 150.11 and Envirocare's Agreement State license.
    Envirocare submitted a plan on June 16, 1997, to NRC in accordance 
with these commitments. In addition, in a letter dated June 18, 1997, 
Envirocare requested an extension of the June 25, 1997 deadline, to 
August 1, 1997, with respect to achieving compliance with NRC 
requirements.
    On June 19, 1997, representatives of Envirocare met with 
representatives of the NRC staff during a management meeting at the NRC 
headquarters office in Rockville, Maryland. During the meeting, the NRC 
discussed the commitments described in the CAL and proposed that 
Envirocare not receive any shipments of SNM pending written NRC 
approval, except for shipments in transit as of June 11, 1997, as 
provided in Paragraph IV.2 of this Order. In addition, by letter dated 
June 23, 1997, the NRC described to Envirocare the NRC's understanding 
of Envirocare's commitments, and proposed incorporating those 
commitments into a Confirmatory Order.
    Envirocare subsequently consented to issuing this Order with the 
conditions, as described in Section IV below, in a waiver signed on 
June 25, 1997. Envirocare also agreed to waive its hearing rights. The 
NRC has reviewed the above conditions and concludes that implementation 
of these actions would provide enhanced assurance that Envirocare's 
program for disposal of radioactive material will be conducted safely 
and in accordance with NRC requirements.
    I find that Envirocare's commitments as set forth in Section IV are 
acceptable and necessary to provide for the public health, safety, and 
interest. In view of the foregoing, I have determined that Envirocare's 
commitments should be confirmed by this Order. Based on the above and 
Envirocare's consent, this Order supersedes the CAL dated June 12, 
1997, and is immediately effective upon issuance.

IV

    Accordingly, pursuant to sections 53, 161b, 161i, 161o, 182 and 186 
of the Atomic Energy Act of 1954, as amended, and the Commission's 
regulations in 10 CFR 2.202 and 10 CFR parts 70 and 150, It is hereby 
ordered, effective immediately, That:
    1. Effective immediately, Envirocare shall not receive Special 
Nuclear Material (SNM) at its facility until four business days after 
compliance with Condition 4, except as described in Condition 2 below, 
unless Envirocare has received written authorization from the NRC. Such 
authorization will be based on review and approval by the NRC of 
Envirocare's submittal of a compliance plan for meeting the terms of 
the exemption granted in 10 CFR 150.10 and 150.11 relating to 
possession of SNM. NRC and Envirocare will meet on or before July 3, 
1997, to discuss the issue of SNM possession limits. Envirocare shall 
submit its compliance plan no later than July 7, 1997. This condition 
applies to mixed and non-mixed low-level radioactive waste containing 
SNM.
    2. Shipments of SNM enroute to the Envirocare facility as of June 
11, 1997, may be received at the facility. In addition, any shipment, 
whether or not enroute by June 11, 1997, containing one gram or less of 
SNM per conveyance (single rail car or truck) may be received.
    3. All SNM within the restricted area at the site, other than SNM 
placed within the disposal cell, shall be included in determining 
application of the exemption granted in 10 CFR 150.10. This condition 
is an interim condition and will be replaced by the compliance plan 
required by condition 1 above, after written approval of the compliance 
plan by the NRC.
    4. Envirocare will submit to the NRC no later than August 4, 1997, 
written confirmation, under oath or affirmation, that the actions 
described in the disposal plan dated June 16, 1997, have been 
completed.
    5. Any written communication submitted by Envirocare in connection 
with this Order shall be provided to the Director, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, D.C. 20555, and to the Regional Administrator, NRC Region 
IV, 611 Ryan Plaza Drive, Suite 400, Arlington, Texas 76011-8064.
    The Regional Administrator, NRC Region IV, may relax or rescind, in 
writing, any of the above conditions upon a showing by Envirocare of 
good cause.

V

    Any person adversely affected by this Confirmatory Order, other 
than Envirocare, may request a hearing within 20 days of its issuance. 
Where good cause is shown, consideration will be given to extending the 
time to request a hearing. A request for extension of time must be made 
in writing to the Director, Office of Enforcement, U.S. Nuclear 
Regulatory Commission Washington, DC. 20555, and include a statement of 
good cause for the extension. Any request for a hearing shall be 
submitted to the Secretary, U.S. Nuclear Regulatory Commission, ATTN: 
Chief, Docketing and Service Section, Washington, DC. 20555. Copies 
also shall be sent to the Director, Office of Enforcement, U.S. Nuclear 
Regulatory Commission, Washington, DC. 20555, to the Assistant General 
Counsel for Hearings and Enforcement at the same address, to the 
Regional Administrator, NRC Region IV, 611 Ryan Plaza Drive, Suite 400, 
Arlington, Texas 76011-8064, and to Envirocare. If such a person 
requests a hearing, that person shall set forth with particularity the 
manner in which his interest is adversely affected by this Order and 
shall address the criteria set forth in 10 CFR 2.714(d).
    If a hearing is requested by a person whose interest is adversely 
affected, the Commission will issue an Order designating the time and 
place of any hearing. If a hearing is held, the issue to be considered 
at such hearing shall be whether this Confirmatory Order should be 
sustained.
    In the absence of any request for hearing, or written approval of 
an extension of time in which to request a hearing, the provisions 
specified in Section IV above shall be final 20 days from the date of 
this Order without further order or proceedings. An answer or a request 
for hearing shall not stay the immediate effectiveness of this order.

    Dated at Rockville, Maryland this 25th day of June 1997.

    For the Nuclear Regulatory Commission.
James Lieberman,
Director, Office of Enforcement.
[FR Doc. 97-17293 Filed 7-1-97; 8:45 am]
BILLING CODE 7590-01-P