[Federal Register Volume 69, Number 202 (Wednesday, October 20, 2004)]
[Notices]
[Pages 61697-61699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23428]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 70-7005]


Issuance of Environmental Assessment and Finding of No 
Significant Impact for Modification of Exemption From Certain NRC 
Licensing Requirements for Special Nuclear Material for Waste Control 
Specialists, LLC., Andrews County, TX

AGENCY: Nuclear Regulatory Commission.

ACTION: Environmental assessment and finding of no significant impact.

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FOR FURTHER INFORMATION CONTACT: James R. Park, Project Manager, 
Environmental and Performance Assessment Directorate, Division of Waste 
Management and Environmental Protection, Office of Nuclear Material 
Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555. Telephone: (301) 415-5835; Fax number: (301) 415-5397; E-
mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC) is considering 
issuance of an Order pursuant to Section 274f of the Atomic Energy Act 
that would modify an Order transmitted to Waste Control Specialists, 
LLC (WCS) on November 21, 2001. The Order was published in the Federal 
Register on November 15, 2001 (66 FR 57489). The 2001 Order exempted 
WCS from certain NRC regulations and permitted 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.
    The current action is in response to a request by WCS dated August 
6, 2003, as modified by letter dated March 15, 2004. NRC has prepared 
an Environmental Assessment (EA) in accordance with the requirements of 
10 CFR part 51. Based on the EA, the NRC has concluded that a Finding 
of No Significant Impact (FONSI) is appropriate for the proposed action 
as modified with additional conditions. The modified Order that 
incorporates the results of the NRC staff's evaluation will be issued 
following the publication of this Notice.

II. Environmental Assessment

Background

    As stated above, the 2001 Order exempted WCS from certain NRC 
regulations and permitted WCS, under specified conditions, to possess 
waste containing 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. The 2001 Order 
permits 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 2001 
Safety Evaluation Report (SER) that supported the 2001 Order.
    The WCS facility is licensed by the State of Texas, an NRC 
Agreement State, under a 10 CFR part 30 equivalent radioactive 
materials license. The facility also is licensed by the Texas 
Commission on Environmental Quality 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 the 
Texas Department of Health for treatment and storage of mixed waste and 
low-level waste. The mixed waste and low-level waste streams may 
contain quantities of SNM.
    By letter dated August 6, 2003, WCS requested that the list of 
reagents identified in Condition 5 of the 2001 Order be modified to 
include an additional 18 reagents. WCS uses reagents in chemically 
stabilizing mixed waste that contains SNM. In response to an NRC staff 
request for additional information dated September 30, 2003, WCS 
submitted a modified request by letter dated March 15, 2004.

Review Scope

    The purpose of this EA is to assess the environmental impacts of 
WCS's requested modification to its 2001 Order. This EA does not 
approve or deny the requested action. A separate Safety Evaluation 
Report (SER) also will be issued in support of the approval or denial 
of the requested action. This EA will determine whether to issue or 
prepare an Environmental Impact Statement (EIS). Should the NRC issue a 
FONSI, no EIS will be prepared.

[[Page 61698]]

Proposed Action

    The proposed action is to grant WCS's March 15, 2004, request to 
add 22 specified stabilization and oxidation-reduction reagents to 
Condition 5 of the 2001 Order. These reagents would be used in WCS's 
stabilization of mixed waste that contains SNM.

Purpose and Need for Proposed Action

    WCS is making this request so that it can treat incoming mixed 
waste that contains SNM using appropriate reagents. In seeking NRC 
approval of the reagents specified in its request, WCS hopes to avoid 
making multiple requests for NRC approval of stabilization reagents.

Alternatives

    In addition to the proposed action, the NRC staff considered two 
alternatives. One alternative was to deny WCS's request and thus not 
revise the Order (i.e., the no-action alternative). The second 
alternative was to revise the Order to remove the specific chemical 
names from Condition 5 and instead to add a per-batch, mass limit for 
stabilization not to exceed the concentration limits in Condition 1 of 
the Order times 600 kilograms (kg) of waste.
Environmental Impacts of No Action Alternative
    For the no-action alternative, the environmental impacts would be 
the same as those evaluated in the EA that supports the 2001 Order. 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. Based on previous modeling and past 
experience, 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. The 2001 EA concluded that the 2001 Order would have no 
significant radiological or non-radiological environmental impacts.
Environmental Impacts of Proposed Action
    By letter dated March 15, 2004, WCS discussed its use of chemical 
reagents and requested that the list of reagents identified in 
Condition 5 of the Order be modified to include an additional 22 
reagents. In reviewing WCS's request, the NRC staff identified four 
reagents (potassium permanganate, sulfuric acid, phosphoric acid, and 
hydrochloric acid) that could change the solubility of the SNM in the 
mixed waste being treated, thus potentially changing its concentration. 
As discussed previously, the principal emphasis of 10 CFR part 70 is 
criticality safety and safeguarding SNM against diversion or sabotage. 
The addition of reagents that could increase the concentration of SNM 
poses a criticality concern.
    The proposed action could allow for more SNM to be stored on site. 
In addition, the NRC staff has identified a criticality safety concern. 
Effluent releases and potential doses to workers and to the public 
could increase as a result of WCS's use of specific reagents in 
treating mixed waste containing SNM. These releases and doses are 
regulated by the State of Texas.
    The proposed action is not expected to result in any changes to the 
transportation impacts identified in the 2001 EA. While WCS's request 
concerns mixed waste containing SNM that currently is or will be 
treated at its facility, WCS believes that approval of its request will 
not result in any change in its market opportunities for treating 
various waste streams.
Environmental Impacts of Proposed Action With Additional Conditions
    As indicated previously, the NRC staff identified criticality 
safety concerns with WCS's proposed action. Therefore, under the 
proposed action as modified with additional conditions, NRC would 
modify Condition 5 of the Order to remove the names of specific 
reagents and instead require that WCS, in treating each container of 
mixed waste containing SNM, meet a mass limit for stabilization. 
Currently, Condition 1 sets concentration limits for SNM in individual 
containers and/or during processing. The amended Condition 5 would set 
the mass limit for batches of greater than 600 kg of waste at the 
concentration limits in Condition 1 times 600 kg of waste. Condition 1 
concentration limits would continue to apply to batches of 600 kg of 
waste or less. Use of the mass limit in Condition 1 for contiguous 
masses of waste of greater than 600 kg reduces criticality safety 
concerns since accumulations of SNM at this concentration limit would 
not pose a criticality safety concern.
    In an electronic mail message (email) to WCS dated April 26, 2004, 
the NRC staff documented telephone discussions with WCS concerning the 
proposed action with additional conditions. By a response email dated 
April 27, 2004, WCS agreed to the NRC staff's proposed revision to 
Condition 5 of the Order.
    This modification would allow WCS to use the chemical reagents 
identified in its submittals, as well as other reagents, so long as the 
applicable mass limit for stabilization was met. WCS would continue to 
be restricted from using magnesium oxide in the treatment, per 
Condition 2 of the 2001 Order.
    In addition, the amended Condition 5 would continue to allow WCS to 
use reagents as part of its currently approved stabilization process, 
which includes oxidation-reduction, pH adjustment, and bulking. This 
understanding was clarified in a series of emails dated August 3, 10, 
and 13, 2004, between the NRC staff and WCS.
    Other conditions of the Order would remain unchanged. Currently, 
WCS is permitted to possess SNM without regard for mass. Instead, to 
insure criticality safety, a concentration limit is applied, such that 
accumulations of SNM at or below this concentration limit would not 
pose a criticality safety concern.
    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 
this action. WCS will continue to conduct its radiation protection 
program with an emphasis on maintaining doses as low as reasonably 
achievable. Occupational exposure are expected to remain within 
regulatory limits.
    The proposed action would not result in any changes in the 
transportation impacts identified in the 2001 EA. While WCS's request 
concerns mixed waste containing SNM that currently is or will be 
treated at its facility, WCS believes that approval of its request will 
not result in any change in its market opportunities for treating 
various waste streams.
    All other environmental impacts would be the same as evaluated in 
the EA that support the 2001 Order.

Conclusion

    Based on its review, the staff concluded in the SER for this 
exemption request that the proposed action (i.e., revise the exemption 
as requested by WCS without additional conditions) would not provide 
sufficient protection of health, safety, and the environment.

[[Page 61699]]

Therefore, staff's preferred alternative is to revise the 2001 Order 
with additional conditions. These include adding a per-batch, mass 
limit for stabilization not to exceed the concentration limits in 
Condition 1 of the exemption times 600 kg of waste and continuing to 
restrict WCS from using magnesium oxide in stabilization, per Condition 
2 of the exemption. The staff has concluded that, with these revised 
conditions, the conclusion in the 2001 EA associated with the 2001 
Order remains valid.

Agencies and Persons Consulted

    A draft copy of this EA was provided to officials from the State of 
Texas Department of Health (TDH). By an e-mail dated August 11, 2004, 
the TDH recommended certain editorial changes. The NRC staff has 
modified the EA to address the TDH comments.

III. Finding of No Significant Impact

    On the basis of the EA, NRC has concluded that there are no 
significant environmental impacts from the proposed amendment and has 
determined not to prepare an environmental impact statement.

IV. Further Information

    Documents related to this action, including the application for 
amendment and supporting documentation, are available electronically at 
the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this site, you can access the NRC's Agencywide 
Document Access and Management System (ADAMS), which provides text and 
image files of NRC's public documents. The ADAMS accession numbers for 
the documents related to this notice are:

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          Document description                     Accession No.
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August 6, 2003, WCS initial request.....  ML032590937
September 30, 2003, NRC request for       ML032731010
 additional information.
March 15, 2004, WCS modified request....  ML041350224
September 2004 NRC SER..................  ML042250362
April 26 and 27, 2004, NRC and WCS email  ML042450534
 messages.
August 11, 2004, TDH email message......  ML042450520
August 3, 10 and 13, 2004 NRC and WCS     ML042450511
 email messages.
November 21, 2001, NRC EA, SER, and       ML030130085
 Order.
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    If you do not have access to ADAMS or if there are problems in 
accessing the documents located in ADAMS, contact the NRC's Public 
Document Room (PDR) Reference staff at 1-800-397-4209, 301-415-4737, or 
by email to [email protected].
    These documents may also be viewed electronically on the public 
computers located at the NRC's PDR, O 1 F21, One White Flint North, 
11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction 
contractor will copy documents for a fee.

    Dated at Rockville, Maryland this 14th day of October 2004.

    For the Nuclear Regulatory Commission.
Mark Thaggard,
Section Chief, Environmental & Performance Assessment Directorate, 
Division of Waste Management and Environmental Protection, Office of 
Nuclear Material Safety and Safeguards.
[FR Doc. 04-23428 Filed 10-19-04; 8:45 am]
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