[Federal Register Volume 67, Number 236 (Monday, December 9, 2002)]
[Notices]
[Pages 72985-72987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-31001]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 70-1151]


Environmental Assessment and Final Finding of No Significant 
Impact of License Amendment for Westinghouse Electric Company LLC

AGENCY: Nuclear Regulatory Commission.

ACTION: Amendment of Westinghouse Electric Company LLC, Materials 
License SNM-1107 to exempt the licensee from the fissile material 
package standards for shipment of certain bulk materials (e.g. 
radwaste) containing low concentrations of uranium-235 contamination 
and to impose limits on these shipments.

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    The U.S. Nuclear Regulatory Commission is considering the amendment 
of Special Nuclear Material License SNM-1107 to exempt the licensee 
from the fissile material package standards for shipment of certain 
bulk materials (e.g. radwaste) containing low concentrations of 
uranium-235 contamination at the Westinghouse Electric Company LLC 
facility located in Columbia, SC, and to impose limits on these 
shipments, and has prepared an Environmental Assessment in support of 
this action.

Environmental Assessment

1.0 Introduction

1.1 Background

    The Nuclear Regulatory Commission (NRC) staff has evaluated the 
environmental impacts of the exemption of Westinghouse Electric Company 
from the fissile material package standards for shipment of certain 
bulk materials (e.g. radwaste) containing low concentrations of 
uranium-235 contamination, with limits placed on the shipments to 
ensure adequate controls for nuclear criticality safety. This 
Environmental Assessment (EA) has been prepared pursuant to NRC 
regulations (10 CFR Part 51) which implement the requirements of the 
National Environmental Policy Act (NEPA) of 1969. The purpose of this 
document is to assess the environmental consequences of the proposed 
license amendment.
    The Westinghouse facility in Columbia, SC, is authorized under NRC 
Materials License SNM-1107 to manufacture nuclear reactor fuel 
utilizing Special Nuclear Material (SNM), specifically low-enriched 
uranium, and to receive, possess, use, store and transfer source 
material. These activities generate low-level, radioactive waste. 
Examples of this waste include, but are not limited to, dry activated 
waste such as pipes, building debris, insulation, wire, concrete, 
plastic, ductwork, cabinets, furniture, and some flowable materials 
like dirt and blasting sand.

1.2 Review Scope

    In accordance with 10 CFR Part 51, this EA serves to (1) present 
information and analysis for determining whether to issue a Finding of 
No Significant Impact (FONSI) or to prepare an Environmental Impact 
Statement (EIS); (2) fulfill the NRC's compliance with the National 
Environmental Policy Act (NEPA) when no EIS is necessary; and (3) 
facilitate preparation of an EIS if one is necessary. Should the NRC 
issue a FONSI, no EIS would be prepared.

1.3 Proposed Action

    The proposed action is to amend NRC Materials License SNM-1107 to 
exempt the licensee from the fissile material package standards for 
shipment of certain bulk materials containing low concentrations of 
uranium-235 contamination and to impose limiting conditions to ensure 
adequate controls for nuclear criticality safety. These materials would 
be exempt from fissile material classification and the fissile material 
package standards of 10 CFR 71.55 and 71.59, but subject to other 
requirements of 10 CFR part 71 and the further limiting conditions. A 
Safety Evaluation Report (SER) has been prepared by the NRC staff and 
contains a discussion of the safety considerations for approval of the 
amendment. The SER will be included in the license amendment when it is 
issued.

1.4 Need for Proposed Action

    Westinghouse is currently manufacturing nuclear reactor fuel at its 
Columbia, SC facility. It is requesting the exemption for 
transportation of low level radioactive waste (LLRW) generated during 
normal, routine operations. The reason for this request is to better 
utilize shipping containers and transportation.
    On February 10, 1997, the NRC issued an emergency direct final rule 
(62 FR 5913) changing the fissile material exemption specifications of 
10 CFR part 71. The revised rule limits the fissile-material mass in a 
consignment and restricts the presence of select moderators with very 
low neutron-absorption properties (i.e., special moderators). Under 
this rule, specifically 10 CFR 71.53(a), Westinghouse is limited to 400 
grams of U-235 per consignment. The imposition of this 400-gram U-235 
limit per consignment increases the number of shipments required to 
dispose of LLRW.
    Westinghouse must make many small LLRW shipments to comply with the 
current SNM limits. With this amendment, Westinghouse will be able to 
utilize the entire volume of a strong-tight, twenty-foot sea/land van; 
thus, shipping, in one shipment, LLRW that currently takes ten 
shipments. Therefore, Westinghouse submitted this license amendment 
request for a specific exemption from the requirements of 10 CFR 71.55 
and 71.59 for specified SNM shipments with greater than 400 grams U-235 
per consignment.
    On April 15, 2002, the Westinghouse facility in Hematite, MO (SNM-
33), received a fissile material exemption for use in decommissioning 
the Hematite facility (NRC, 2002). This action requests the same 
exemption for the Columbia, SC facility (SNM-1107).

1.5 Alternatives to the Proposed Action

    No Action (i.e., deny the request).

2.0 Affected Environment

    The affected environment for the proposed action would be the 
immediate vicinity of the vehicle used to transport the material to a 
licensed disposal facility.
    The affected environment for no action is the Westinghouse site. A 
full description of the site and its characteristics is given in the 
1995 Environmental Assessment for the Renewal of the NRC license for 
Westinghouse (NRC, 1995). The Westinghouse facility is located on a 
site of about 1200 acres in Richland County, South Carolina, 
approximately 8 miles southeast of the city of Columbia.

3.0 Environmental Impacts of Proposed Action and Alternatives

3.1 Occupational and Public Health

Proposed Action
    The risk to human health from the transportation of all radioactive 
material in the U.S. was evaluated in the Final Environmental Impact 
Statement on the Transportation of Radioactive Material by Air and 
Other Modes (NRC, 1977). The principal radiological

[[Page 72986]]

environmental impact during normal transportation is direct radiation 
exposure to nearby persons from radioactive material in the package. 
The average annual individual dose from all radioactive material 
transportation in the U.S. was calculated to be approximately 0.5 mrem, 
well below the 10 CFR Part 20 requirement of 100 mrem for a member of 
the public. The proposed action would result in fewer shipments. Fewer 
shipments would expose fewer members of the public to radiation, reduce 
nonradiological truck emissions, and reduce the risk of injuries from 
traffic accidents. However, the reductions would be so small that the 
differences would be negligible.
    Occupational health was also considered in the Final Environmental 
Impact Statement on the Transportation of Radioactive Material by Air 
and Other Modes (NRC, 1977). The average annual occupational dose to 
the driver(s) is estimated to be 8.7 mSv (870 mrem), which is below the 
10 CFR Part 20 requirement of 50 mSv (5000 mrem). The Department of 
Transportation (DOT) regulations in 49 CFR 177.842(g) require that the 
radiation dose rate may not exceed 0.02 mSv (2 mrem) per hour in any 
position normally occupied in a motor vehicle. The proposed action 
would not cause dose rates to the driver exceeding the DOT limit.
    The NRC staff evaluated the possibility of a criticality accident 
due to transportation of this material. Based on the statements and 
representations in the application, the staff concluded that limiting 
the contents as described in the application will provide adequate 
assurance that an inadvertent criticality cannot occur if the materials 
are exempt from the fissile material classification and fissile 
material package standards of 10 CFR 71.55 and 71.59. A detailed 
discussion of this analysis can be found in the Safety Evaluation 
Report for this amendment.
    Under the proposed action, the doses to the public and to the 
workers are not increased beyond those considered in the Final 
Environmental Impact Statement on the Transportation of Radioactive 
Material by Air and Other Modes (NRC, 1977). Therefore, shipment of 
these materials as proposed would be consistent with the assessment of 
environmental impacts and the conclusions in the Final Environmental 
Impact Statement on the Transportation of Radioactive Material by Air 
and Other Modes (NRC, 1977).
No Action
    Denying this amendment request would not result in any significant 
difference in the risk to the public health from radiological 
materials. If this amendment request is denied, the licensee would be 
required to ship the contaminated waste more frequently in smaller 
containers. The larger number of shipments also is consistent with the 
assessment of environmental impacts and the conclusions in the Final 
Environmental Impact Statement on the Transportation of Radioactive 
Material by Air and Other Modes (NRC, 1977). As noted above, the level 
of nonradiological truck emissions and the risk of injuries from 
traffic accidents would be higher, but the differences would be 
negligible.
    The occupational health impacts would not change significantly as a 
result of denial of this amendment request. Occupational doses at the 
facility may be slightly higher as a result of the larger number of 
packages that workers must prepare and handle; however, the facility 
will continue to implement NRC-approved, radiation safety procedures 
for handling radioactive materials. Thus, the dose to workers under the 
no action alternative will remain within acceptable regulatory limits.

3.2 Effluent Releases, Environmental Monitoring, Water Resources, 
Geology, Soils, Air Quality, Demography, Biota, Cultural and Historic 
Resources

Proposed Action
    The NRC staff has determined that the approval of the proposed 
amendment will not impact effluent releases, environmental monitoring, 
water resources, geology, soils, air quality, demography, biota, or 
cultural or historic resources under normal transport conditions.
No Action
    The NRC staff has determined that denial of the proposed amendment 
will not impact effluent releases, environmental monitoring, water 
resources, geology, soils, air quality, demography, biota, or cultural 
or historic resources at or near the Westinghouse site.

3.3 Conclusions

    Based on its review, the NRC staff has concluded that the 
environmental impacts associated with the proposed action are not 
significant and, therefore, do not warrant denial of the license 
amendment request. The staff has determined that the proposed action, 
approval of the license amendment request as submitted, is the 
appropriate alternative for selection. Based on an evaluation of the 
environmental impacts of the amendment request, the NRC has determined 
that the proper action is to issue a FONSI in the Federal Register.

4.0 Agencies and Persons Contacted

    The NRC provided the draft Environmental Assessment and FONSI to 
staff from the South Carolina Department of Health and Environmental 
Control (DHEC) on September 27, 2002. NRC staff provided the licensee's 
exemption request and NRC's Safety Evaluation Report supporting the 
exemption. During a conference call with DHEC staff on October 17, 
2002, NRC staff confirmed that the proposed action would not affect the 
regulation in 10 CFR 70.42 requiring Westinghouse to verify that waste 
disposal facilities are authorized to receive their shipments. DHEC had 
no comments or concerns with the proposed action.
    Because the proposed action is entirely within existing facilities 
and roadways, the NRC has concluded that there is no potential to 
affect endangered species or historic resources, and therefore 
consultation with the State Historic Preservation Society and the U.S. 
Fish and Wildlife Service was not necessary.

5.0 References

    U.S. Nuclear Regulatory Commission (NRC), December 1977, ``Final 
Environmental Impact Statement on the Transportation of Radioactive 
Material by Air and Other Modes.''
    U.S. Nuclear Regulatory Commission (NRC), July 1995, 
``Environmental Assessment for Renewal of Special Nuclear Material 
License SNM-1107.''
    U.S. Nuclear Regulatory Commission (NRC), April 2002, 
``Westinghouse Electric Company, LLC, Hematite Amendment 41 to 
Authorize Exemption to Fissile Material Classification and Package 
Standards in Transport,'' ADAMS no. ML021060797.

Final Finding of No Significant Impact

    The Commission has prepared the above Environmental Assessment 
related to the amendment of Special Nuclear Material License SNM-1107. 
On the basis of the assessment, the Commission has concluded that 
environmental impacts associated with the proposed action would not be 
significant and do not warrant the preparation of an Environmental 
Impact Statement. Accordingly, it has been determined that a Finding of 
No Significant Impact is appropriate.
    In accordance with 10 CFR 2.790 of the NRC's ``Rules of Practice,'' 
the Environmental Assessment and the documents related to this proposed 
action will be available electronically

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for public inspection from the Publicly Available Records (PARS) 
component of NRC's document system (ADAMS). ADAMS is accessible from 
the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the 
Public Electronic Reading Room).
    The NRC contact for this licensing action is Kevin M. Ramsey, who 
may be contacted at (301) 415-7887 or by e-mail at [email protected] for more 
information about the licensing action.

    Dated at Rockville, Maryland, this 29th day of November 2002.

    For the Nuclear Regulatory Commission.
Daniel M. Gillen,
Acting Director, Division of Fuel Cycle Safety and Safeguards, Office 
of Nuclear Material Safety and Safeguards.
[FR Doc. 02-31001 Filed 12-6-02; 8:45 am]
BILLING CODE 7590-01-P