[Federal Register Volume 69, Number 218 (Friday, November 12, 2004)]
[Notices]
[Pages 65468-65470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25169]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 70-7005]


In the Matter of Waste Control Specialists, LLC, Order Modifying 
Exemption From 10 CFR Part 70

AGENCY: Nuclear Regulatory Commission.

ACTION: Issuance of order to modify Waste Control Specialists, LLC's 
exemption from requirements of 10 CFR part 70.

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FOR FURTHER INFORMATION CONTACT: James Park, 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-
0001. Telephone: (301) 415-5835, fax number: (301) 415-5397; e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    Pursuant to 10 CFR 2.106, the Nuclear Regulatory Commission (NRC) 
is providing notice in the Matter of Waste Control Specialists, LLC 
(WCS) of the issuance of an order to modify WCS's exemption from the 
requirements of 10 CFR part 70.

II. Further Information

I

    In letters dated August 6, 2003, and March 15, 2004, WCS requested 
a modification to its exemption from certain 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 a modification 
to its exemption from licensing under part 70 for possession of greater 
than the part 150 SNM limits. The NRC issued the initial exemption to 
WCS in November 2001.
    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 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 Commission on Environmental 
Quality (TCEQ) 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.

II

    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. The licensing 
requirements in 10 CFR part 70 apply to persons in Agreement States 
possessing greater than critical mass quantities as defined in 10 CFR 
150.11.
    Pursuant to 10 CFR 70.17(a), ``the Commission may * * * grant such 
exemptions from the requirements of the regulations in this part as it 
determines are authorized by law and will not endanger life or property 
or the common defense and security and are otherwise in the public 
interest.''
    On November 21, 2001, the NRC transmitted an Order to WSC. The 
Order was published in the Federal Register on November 15, 2001 (66 FR 
57489). The 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 
storage and treatment facility in Andrews County, Texas, without 
obtaining an NRC license pursuant to 10 CFR part 70. The methodology 
used to establish these limits is discussed in the 2001 Safety 
Evaluation Report (SER) that supported the 2001 Order.

[[Page 65469]]

III

    The NRC staff considers that the appropriate action is to modify 
WCS's exemption. Currently, WCS is 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. This 
modification specifically would allow WCS to use such chemical reagents 
as it deems necessary for treatment and stabilization of mixed waste 
containing SNM provided that the SNM mass does not exceed specified 
concentration limits. The WCS would continue to be restricted from 
using magnesium oxide in stabilization, per Condition 2 of the Order. 
Therefore, WCS's exemption is modified as follows:
    1. Concentrations of SNM in individual waste containers and/or 
during processing must not exceed the following values:

------------------------------------------------------------------------
                                                           Measurement
                                          Operational      uncertainty
              SNM isotope               limit (gram SNM/  (gram SNM/gram
                                          gram waste)         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] TN12NO04.000

    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 (i.e., mixing waste with reagents). For batches 
with more than 600 kilograms of waste, the total mass of SNM shall not 
exceed the concentration limits in Condition 1 times 600 kilograms of 
waste.
    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.

[[Page 65470]]

    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 NRC 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.

IV

    Based on the staff's evaluation, the Commission has determined, 
pursuant to 10 CFR 70.17(a), that the exemption as described above 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 Environmental Assessment (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. This 
finding was noticed in the Federal Register on October 20, 2004 (69 FR 
61697).

V

    As of October 25, 2004, the NRC initiated an additional security 
review of publicly available documents to ensure that potentially 
sensitive information is removed from the ADAMS database accessible 
through the NRC's Web site. Interested members of the public should 
check the NRC's web pages for updates on the availability of documents 
through the ADAMS system.\1\
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    \1\ The requests for modifying the Order will be available for 
inspection at NRC's Public Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html using the ADAMS Accession Nos. 
ML032590937 and ML041350224. The NRC staff's request for additional 
information, its EA, and its SER for this action will be available 
at the above Web site using the ADAMS Accession Nos. ML032731010, 
ML042250451, and ML042250362, respectively.

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    Dated at Rockville, Maryland this 5th day of November 2004.

    For the Nuclear Regulatory Commission.
Jack R. Strosnider,
Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 04-25169 Filed 11-10-04; 8:45 am]
BILLING CODE 7590-01-P