[Federal Register Volume 66, Number 221 (Thursday, November 15, 2001)]
[Notices]
[Pages 57489-57491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28661]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 70-7005]


Waste Control Specialists, LLC (WCS); Order to Exempt Waste 
Control Specialists, LLC From Requirements Relative to the Possession 
of Special Nuclear Material (SNM)

I

    In a letter dated September 25, 2000, Waste Control Specialists, 
LLC (WCS) requested an exemption for certain U.S. Nuclear Regulatory 
Commission (NRC) regulations relative to the possession of special 
nuclear material (SNM). A license pursuant to 10 CFR part 70 issued by 
NRC is required for quantities of SNM in excess of the limits in 10 CFR 
150.11. WCS is requesting an exemption from licensing under part 70 for 
possession of greater than the part 150 SNM limits. NRC issued a 
similar exemption to Envirocare of Utah, Inc. in May 1999.
    WCS operates a low level waste (LLW) and mixed waste (MW) storage 
and treatment facility in Andrews County, Texas. The facility also 
disposes of hazardous waste. Texas is an NRC Agreement State. This 
facility is licensed by the State of Texas Department of Health (TDH) 
under a 10 CFR Part 30 equivalent radioactive materials license (RML). 
The facility is also licensed by the Texas Natural Resource 
Conservation Commission (TNRCC) 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 TDH 
for treatment and storage of MW and LLW. The MW and LLW streams may 
contain quantities of SNM.
    WCS receives wastes by rail and truck. All of the waste received by 
truck and some of the waste received by rail are in containers. These 
containers vary in size from 55-gallon drums to 70 cubic yard 
intermodal containers. Bulk waste received by rail is placed in large 
(90 cubic yard) roll-off containers. Separate storage and treatment 
facilities exist for the RCRA and TSCA waste and the MW and LLW. 
Storage of the MW and LLW occurs in two buildings and an adjacent 
outside area. WCS treats mixed waste using several technologies 
including (1) chemical stabilization, (2) shredding, (3) deactivation, 
(4) neutralization, and (5) macro encapsulation with cement. WCS is 
also permitted by TDH to perform compaction using a Ramflat compactor. 
WCS is also considering adding a solvated electron technology (SET) 
system and macro encapsulation using low density polyethylene. The SET 
is authorized in the TDH license for pilot testing. The applicable 
hazardous waste regulations require bench scale treatability studies 
prior to treating the bulk of the waste.

II

    Pursuant to 10 CFR 70.14, ``the Commission may * * * grant such 
exemptions from the requirements of the regulations in this part as it 
determines are authorized by law and

[[Page 57490]]

will not endanger life or property or the common defense and security 
and are otherwise in the public interest.''
    Section 70.3 of 10 CFR part 70 requires persons who own, acquire, 
deliver, receive, possess, use, or transfer SNM to obtain a license 
pursuant to the requirements in 10 CFR part 70. Section 10 CFR 150.10 
exempts persons in Agreement States, who possess SNM in quantities not 
sufficient to form a critical mass, from Commission imposed licensing 
requirements and regulations. The method for calculating a quantity of 
SNM not sufficient to form a critical mass is set forth in 10 CFR 
150.11. Therefore, WCS is currently limited by NRC regulation to 
possess SNM in quantities set out in 10 CFR 150.10 and 150.11. The 
State of Texas has a similar possession limit in the license it issued 
to WCS. WCS requested the exemption because it expects that the current 
limits set forth in 10 CFR part 150 will severely impact its ability to 
compete in the mixed waste treatment market. The exemption proposed to 
apply concentration-based limits rather than mass-based limits.

III

    The staff believes that the appropriate action is to issue WCS an 
exemption. Specifically, WCS would be exempted from the requirements of 
10 CFR part 70, including the requirements for an NRC license in 10 CFR 
70.3, for SNM within the restricted area at WCS's site, provided that:
    1. Concentrations of SNM in individual waste containers and/or 
during processing must not exceed the following values:

------------------------------------------------------------------------
                                  Operational Limit       Measurement
          SNM isotope               (gram SNM/gram    Uncertainty  (gram
                                        waste)          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
------------------------------------------------------------------------

    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] TN15NO01.005

    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.
    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.
    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

[[Page 57491]]

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, 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 certifications 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.
    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 part 70 is criticality safety and 
safeguarding SNM against diversion or sabotage. Staff considers that 
criticality safety can be maintained by relying on concentration 
limits, under the conditions specified above. Safeguarding SNM against 
diversion or sabotage is not considered a significant issue because of 
the diffuse form of the SNM in waste meeting the above 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 Commission concludes that this proposed exemption will have no 
significant radiological or nonradiological environmental impacts. 
Accordingly, the Commission has determined, pursuant to 10 CFR 70.14, 
that the exemption of above activities at the WCS facility is 
authorized by law, will not endanger life or property or the common 
defense and security and is otherwise in the public interest. 
Accordingly, by this Order, the Commission hereby grants this exemption 
subject to the above conditions. The exemption will become effective 
after the State of Texas has incorporated the above conditions into 
WCS's RML.
    Pursuant to the requirements in 10 CFR part 51, the Commission has 
published an EA for the proposed action wherein it has determined that 
the granting of this exemption will have no significant impacts on the 
quality of the human environment. Copies of the EA and SER are 
available for public inspection at the Commission's Public Document 
Room, located at One White Flint North, Room 0-1F21, 11555 Rockville 
Pike, Rockville, MD 20852.

    Dated at Rockville, Maryland, this 30th day of October 2001.

    For the Nuclear Regulatory Commission.
Martin J. Virgilio,
Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 01-28661 Filed 11-14-01; 8:45 am]
BILLING CODE 7590-01-P