[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]]



 
----------------------------------------------------------------------------------------------------------------
                                                      Operational limit (gram SNM/     Measurement uncertainty
                     SNM isotope                               gram waste)              (gram SNM/gram waste)
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------

    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