[Federal Register Volume 68, Number 2 (Friday, January 3, 2003)]
[Notices]
[Pages 394-395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-82]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 40-8989]


Environmental Assessment and Finding of No Significant Impact for 
Envirocare of Utah, Inc.'s Request to Amend NRC Source Material License 
SMC-1559

I. Introduction

    The NRC is considering an amendment to Envirocare of Utah's 
(Envirocare) NRC Source Material License SMC-1559. The proposed 
amendment will revise the methods used to suppress dust on haul roads 
in Envirocare's Clive, Utah facility for the disposal of byproduct 
material as defined in section 11e.(2) of the Atomic Energy Act. An 
Environmental Assessment (EA) was performed by the NRC staff in support 
of its review of Envirocare's license amendment request, in accordance 
with the requirements of 10 CFR Part 51. The conclusion of the EA is a 
Finding of No Significant Impact (FONSI) for the proposed licensing 
action.

II. Supplementary Information

Background

    Envirocare requested NRC approval to revise the methods used to 
suppress dust on facility haul roads, by replacing the requirement to 
apply magnesium chloride twice a year with a requirement to scrape the 
roads quarterly. The NRC staff reviewed the proposed revision and 
concludes that it will be effective in controlling dust from the haul 
roads.
    By letters dated July 12, 2002 (Envirocare, 2002a) and September 4, 
2002 (Envirocare, 2002b), the licensee requested NRC approval to revise 
its license application. The requested change would remove the 
requirement, in Section 17 and Appendix Z, for semi-annual application 
of magnesium chloride to facility haul roads and replace it with a 
requirement to scrape the roads at least quarterly.
    Currently, the licensee is required to have a water truck on site 
on days when the facility is operating, to apply water to the haul 
roads, and to keep a record of water applications. Additionally, the 
licensee is required to apply magnesium chloride solution, which is a 
surfactant, to the haul roads twice a year.
    The requested revision will not change the requirement to apply 
water to the roads. It would replace the requirement to semi-annually 
apply magnesium chloride to the haul roads with a requirement to scrape 
the roads quarterly. The licensee states that scraping the roads is 
superior to application of magnesium chloride because the radiological 
contaminants from the road surfaces will be disposed of in a timely 
manner rather than being trapped on the road surface with a potential 
for gradual buildup. The licensee also states that scraping the roads 
will preserve its condition, reducing the potential for spillage of 
contaminated material from equipment due to uneven road surfaces.
    The proposed licensing action meets the conditions for a 
categorical exclusion under 10 CFR 51.22(c)(11) because the staff has 
determined that the following conditions have been met:
    1. There is no significant change in the types or significant 
increase in the amounts of any effluents that may be released offsite,
    2. There is no significant increase in individual or cumulative 
occupational radiation exposure,
    3. There is no significant construction impact, and
    4. There is no significant increase in the potential for or 
occurrences from radiological accidents.
    However, because the proposed revision to the licensee's dust 
suppression program does not comply with the statement in Section 5.5, 
``Mitigative Measures'' of the licensee's Final Environmental Statement 
(NUREG-1476-August 1993) issued in support of the original license for 
the facility, the staff determined that an environmental assessment was 
necessary. That section requires Envirocare to achieve a high level of 
dust suppression through watering of the roads and application of 
chemical dust suppressants [emphasis added].

Identification of the Proposed Action

    The proposed action would replace the requirement for the licensee 
to semi-annually apply magnesium chloride to the facility haul roads 
with a requirement to scrape the roads quarterly. The material scraped 
off the roads, including the contamination contained in the material, 
would be put into one of the facility's disposal cells.

Purpose and Need for the Proposed Action

    The proposed action would remove contaminated material from the 
surface of facility haul roads and put it into disposal cells. It would 
also improve the surface of the haul roads, thus reducing the potential 
of spillage of contaminated material from equipment using the roads.

Cumulative Impacts

    NRC has found no other current or planned activities in the area 
that could result in cumulative impacts.

Alternatives to the Proposed Action

    An alternative to the proposed action would be for the staff to 
deny the licensee's request. The licensee would then continue to apply 
magnesium chloride to road surfaces semi-annually and not remove soil 
from the road.

Affected Environment

    NUREG-1476 provides detailed descriptions of the Envirocare 
facility and the nearby environment.

Environmental Impacts of the Proposed Action

    The environmental impacts of the proposed action are minimal. The 
potential for dust blowing from the haul roads will continue to be 
controlled by the application of water. There is a potential for a 
minor increase in dust during the actual scraping of the roads but the 
licensee will perform the scraping in a manner that minimizes the 
creation of airborne dust. The proposed action will remove contaminated 
material from the surface of the road and thus reduce the potential for 
the contaminated material to be carried away from the site. The 
proposed action will also eliminate the application of magnesium 
chloride and thus eliminate the potential of a spill or other 
inadvertent release of this chemical to the environment.

State Consultation

    NRC provided a draft version of the EA to William J. Sinclair, 
Director of the Utah Division of Radiation Control (DRC), for comment. 
The DRC is in agreement with the proposed action and has no additional 
comments.

III. Finding of No Significant Impact

    Based upon the environmental assessment, the staff concludes that 
the proposed action will not have a

[[Page 395]]

significant effect on the quality of the human environment. 
Accordingly, the staff has determined that preparation of an 
environmental impact statement is not warranted.

IV. Further Information

    The following documents are related to the proposed action:

References

    Code of Federal Regulations (CFR), Title 10, Chapter I--Nuclear 
Regulatory Commission, Part 51, revised as of January 1, 2002.
    Envirocare of Utah, Inc. 2002a. Request to amend Material License 
No. SMC-1599. Letter from Tye Rogers, Envirocare of Utah to Melvin 
Leach, Fuel Cycle Licensing Branch, NRC, dated July 12, 2002. Accession 
Number ML021990436.
    Envirocare of Utah, Inc. 2002b. Request to amend Material License 
No. SMC-1599. Revised Section 17 of the license application. Letter 
from Tye Rogers, Envirocare of Utah to Daniel Gillen, Fuel Cycle 
Licensing Branch, NRC, dated September 4, 2002. Accession Number 
ML022680025.
    NRC (U.S. Nuclear Regulatory Commission). 1993. Final Environmental 
Impact Statement to Construct and Operate a Facility to Receive, Store, 
and Dispose of 11e.(2) Byproduct Material Near Clive, Utah. NUREG-1476.
    These references may be examined and/or copied for a fee, at the 
NRC's Public Document Room, located at One White Flint North, 11555 
Rockville Pike, Rockville, MD 20852-2738. Some of the references may 
also be viewed in the NRC's Public Document Reading Room at http://www.nrc.gov/reading-rm/adams.html. Any questions with respect to this 
action should be referred to Mr. Myron Fliegel, Fuel Cycle Facilities 
Branch, Division of Fuel Cycle Safety and Safeguards, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Mail Stop T8-A33, Washington, DC 20555-0001. Telephone: (301) 415-6629.

    Dated at Rockville, Maryland, this 24th day of November, 2002.

    For the Nuclear Regulatory Commission.
Daniel M. Gillen,
Chief, Fuel Cycle Facilities Branch, Division of Fuel Cycle Safety and 
Safeguards, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 03-82 Filed 1-2-03; 8:45 am]
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