[Federal Register Volume 71, Number 113 (Tuesday, June 13, 2006)]
[Notices]
[Pages 34168-34170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-9247]



[[Page 34168]]

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NUCLEAR REGULATORY COMMISSION

[Docket No. 40-8989]


In the Matter of EnergySolutions, LLC (formerly Envirocare of 
Utah, LLC) Order Modifying Exemption from 10 CFR Part 70

AGENCY: Nuclear Regulatory Commission.

ACTION: Issuance of Order Modifying 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

    The Nuclear Regulatory Commission (NRC) is issuing an Order 
pursuant to section 274f of the Atomic Energy Act to EnergySolutions, 
LLC (formerly Envirocare of Utah, LLC) concerning EnergySolutions' 
exemption from certain NRC licensing requirements for special nuclear 
material. This Order reflects the change in company name from 
Envirocare of Utah, LLC to EnergySolutions, LLC.

II. Further Information

    EnergySolutions, LLC (EnergySolutions) operates a low-level waste 
(LLW) disposal facility in Clive, Utah. This facility is licensed by 
the State of Utah, an Agreement State. EnergySolutions also is licensed 
by Utah to dispose of mixed waste, hazardous waste, and 11e.(2) 
byproduct material (as defined under section 11e.(2) of the Atomic 
Energy Act of 1954, as amended). By letter dated March 3, 2006, 
EnergySolutions notified the NRC that the company had changed its name 
from Envirocare of Utah, LLC and requested that the NRC reflect this 
name change in identified NRC staff documents.
    Section 70.3 of 10 CFR part 70 requires persons who own, acquire, 
deliver, receive, possess, use, or transfer special nuclear material 
(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.''
    By previous Orders, Envirocare of Utah, LLC was exempted from 
certain NRC regulations and was permitted, under specified conditions, 
to possess waste containing SNM in greater quantities than specified in 
10 CFR part 150, at its LLW disposal facility located in Clive, Utah, 
without obtaining an NRC license pursuant to 10 CFR part 70. The first 
such Order was published in the Federal Register on May 21, 1999 (64 FR 
27826). The most recent revision to this Order was published in the 
Federal Register on August 1, 2005 (70 FR 44123).
    The modified Order set forth below reflects the change in company 
name from Envirocare of Utah, LLC to EnergySolutions, LLC. No other 
substantive changes to the August 1, 2005 Order have been made. The 
exemption conditions would be revised as follows.

III. Modified Order

    1. For waste with no more than 20 weight percent of materials 
listed in Condition 2, concentrations of SNM in individual waste 
containers must not exceed the following values at time of receipt:

                                 Table A
------------------------------------------------------------------------
                                    Maximum SNM concentration in waste
                                  containing the described materials (g
                                               SNM/g waste)
                                ----------------------------------------
                                                         Maximum of 20
          SNM Nuclide                                  weight percent of
                                                       materials listed
                                 No materials listed  in Condition 2 and
                                    in Condition 2      no more than 1
                                                       weight percent of
                                                           beryllium
------------------------------------------------------------------------
U-235 (>50%) \a\...............  6.2E-4.............  5.4E-4
U-235 (=50%)...................  6.9E-4.............  6.1E-4
U-235 (=20%)...................  8.3E-4.............  7.4E-4
U-235 (=10%)...................  9.9E-4.............  8.8E-4
U-235 (=5%)....................  1.0E-3.............  9.6E-4
U-235 (=3%)....................  1.3E-3.............  1.1E-3
U-235 (=2%)....................  1.7E-3.............  1.5E-3
U-235 (=1.5%)..................  2.3E-3.............  2.1E-3
U-235 (=1.35%).................  2.8E-3.............  2.5E-3
U-235 (=1.2%)..................  3.5E-3.............  3.2E-3
U-235 (=1.1%)..................  4.5E-3.............  4.2E-3
U-235 (=1.05%).................  5.0E-3.............  4.8E-3
U-233..........................  4.7E-4.............  4.3E-4
Pu-239.........................  2.8E-4.............  2.6E-4
Pu-241.........................  2.2E-4.............  1.9E-4
------------------------------------------------------------------------
 \a\ Percentage value refers to weight percent enrichment in U-235. For
  enrichments that fall between identified values in the table, the
  higher value is the applicable value (e.g., for an enrichment of 14
  weight percent U-235, the applicable concentration limit is that for
  20 weight percent U-235).

    For waste with more than 20 weight percent of materials listed in 
Condition 2, concentrations of SNM in individual waste containers must 
not exceed the following values at time of receipt:

                                 Table B
------------------------------------------------------------------------
                                    Maximum SNM concentration in waste
                                  containing the described materials (g
                                               SNM/g waste)
                                ----------------------------------------
          Radionuclide                                     Unlimited
                                      Unlimited          quantities of
                                    quantities of      materials listed
                                 materials listed in    in Conditions 2
                                     Condition 2             and 3
------------------------------------------------------------------------
U-235 (>50%)...................  3.4E-4.............  1.2E-5
U-235..........................  N/A................  3.1E-4 \a\
U-233..........................  2.9E-4.............  1.1E-5
Pu-239.........................  1.7E-4.............  7.5E-6
Pu-241.........................  1.3E-4.............  5.3E-6
------------------------------------------------------------------------
\a\ For uranium at any enrichment with sum of materials listed in
  Condition 2 and beryllium not exceeding 45 percent of the weight of
  the waste.

    Plutonium isotopes other than Pu-239 and Pu-241 do not need to be 
considered in demonstrating compliance with this condition. When 
mixtures of these SNM isotopes are present in the waste, the sum-of-
the-fractions rule, as illustrated below, should be used.

[[Page 34169]]

[GRAPHIC] [TIFF OMITTED] TN13JN06.021

    The concentration values in Condition 1 are operational values to 
ensure criticality safety. Where the values in Condition 1 exceed 
concentration values in the corresponding conditions of the State of 
Utah Radioactive Material License (RML), the concentration values in 
the RML, which are averaged over the container, may not be exceeded. 
Higher concentration values are included in Condition 1 to be used in 
establishing the maximum mass of SNM for non-homogeneous solid waste 
and liquid waste.
    The measurement uncertainty values should be no more than 15 
percent of the concentration limit, and represent the maximum one-sigma 
uncertainty associated with the measurement of the concentration of the 
particular radionuclide. When determining the applicable U-235 
concentration limit for a specific enrichment percentage, the 
analytical uncertainty shall be added to the result (e.g., for a 
measurement value of U-235 enrichment percentage of 1.1+/-0.2, the U-
235 concentration limit corresponding to an enrichment percent of 1.35 
shall be used). This shall be applied to analytical methods employed by 
the generator prior to receipt and by EnergySolutions upon receipt.
    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 of waste.
    Liquid waste may be stabilized provided the SNM concentration does 
not exceed the SNM concentration limits in Condition 1. For containers 
of liquid waste with more than 600 kilograms of waste, the total mass 
of SNM shall not exceed the SNM concentration in Condition 1 times 600 
kilograms of waste. Waste containing free liquids and solids shall be 
mixed prior to treatment. Any solids shall be maintained in a suspended 
state during transfer and treatment.
    2. Except as allowed by Tables A and B in Condition 1, 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. These 
chemicals would be added to the waste stream during processing, such as 
at fuel facilities or treatment such as at mixed waste treatment 
facilities. The presence of the above materials will be determined by 
the generator, based on process knowledge or testing.
    3. Except as allowed by Tables A and B in Condition 1, 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 by the generator, based on process 
knowledge, physical observations, or testing.
    4. Waste packages must not contain highly water soluble forms of 
uranium greater than 350 grams of uranium-235 or 200 grams of uranium-
233. The sum of the fractions rule will apply for mixtures of U-233 and 
U-235. Highly soluble forms of uranium include, but are not limited to: 
uranium sulfate, uranyl acetate, uranyl chloride, uranyl formate, 
uranyl fluoride, uranyl nitrate, uranyl potassium carbonate, and uranyl 
sulfate. The presence of the above materials will be determined by the 
generator, based on process knowledge or testing.
    5. Waste processing of waste containing SNM will be limited to 
stabilization (mixing waste with reagents), micro-encapsulation and 
macro-encapsulation using low-density and high-density polyethylene, 
macro-encapsulation with cement grout, spray-washing, organic 
destruction (CerOx process and Solvent Electron Technology process), 
and thermal desorption.
    EnergySolutions shall confirm that the SNM concentration in the 
rinse water does not exceed the limits in Condition 1 following spray-
washing, prior to further treatment. If the rinse water is evaporated, 
the evaporated product shall comply with the requirements in Condition 
1. EnergySolutions shall perform sampling and analysis of the liquid 
effluent collection system at a frequency of one sample per 300 gallons 
or when the system reaches capacity, whichever is less.
    EnergySolutions shall track the SNM mass of waste treated using the 
CerOx process. When the total concentration of SNM is 85 percent of the 
sum of the fraction rule in Condition 1, EnergySolutions shall confirm 
the SNM concentration in the phase reactor tank and replace the 
solutions. The 10 percent enriched limit shall be used for uranium-235. 
The contents of the phase reactor tank should be solidified prior to 
disposal.
    When waste is processed using the thermal desorption process and 
the Solvent Electron Technology process, EnergySolutions shall confirm 
the SNM concentration following processing and prior to returning the 
waste to temporary storage.
    6. EnergySolutions shall require generators to provide the 
following information for each waste stream:

Pre-shipment

    Waste Description. The description must detail how the waste was 
generated, list the physical forms in the waste, and identify uranium 
chemical composition.
    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.
    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.
    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.
    EnergySolutions 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 EnergySolutions 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, EnergySolutions

[[Page 34170]]

shall review this information and determine when testing is required to 
provide additional information in assuring compliance with the 
Conditions. EnergySolutions shall retain this information as required 
by the State of Utah to permit independent review.

At Receipt

    EnergySolutions 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.
    7. Sampling and radiological testing of waste containing SNM must 
be performed in accordance with the following: One sample for each of 
the first ten shipments of a waste stream; or one sample for each of 
the first 100 cubic yards of waste up to 1,000 cubic yards of a waste 
stream, and one sample for each additional 500 cubic yards of waste 
following the first ten shipments or following the first 1,000 cubic 
yards of a waste stream. Sampling and radiological testing of debris 
waste containing SNM (that is exempted from sampling by the State of 
Utah) can be eliminated if the SNM concentration is lower than one 
tenth of the limits in Condition 1. EnergySolutions shall verify the 
percent enrichment by appropriate analytical methods. The percent 
enrichment determination shall be made by taking into account the most 
conservative values based on the measurement uncertainties for the 
analytical methods chosen.
    8. EnergySolutions shall notify the NRC, Region IV office within 24 
hours if any of the above conditions are not met, including if a batch 
during a treatment process exceeds the SNM concentrations of Condition 
1. A written notification of the event must be provided within 7 days.
    9. EnergySolutions shall obtain NRC approval prior to changing any 
activities associated with the above conditions.
    Based on the staff's evaluation, the Commission has determined, 
pursuant to 10 CFR 70.17(a), that the exemption of above activities at 
the EnergySolutions disposal facility is authorized by law, and 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 grants an exemption subject to the stated conditions. The 
exemption will become effective after the State of Utah has 
incorporated the above conditions into EnergySolutions' radioactive 
materials license. In addition, at that time, the Order published on 
August 1, 2005 will no longer be effective.
    Pursuant to the requirements in 10 CFR part 51, the Commission has 
determined that an Environmental Assessment is not required as the 
proposed action (change in company name) is administrative and 
therefore falls within the categorical exclusion provisions of 10 CFR 
51.22(c)(11).

IV. Availability of Documents

    Documents related to this action, including the application for 
amendment and supporting documentation, will be 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 number for the document related to this notice is: 
EnergySolutions' March 3, 2006 request (ML060740549).
    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 e-mail 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 30th day of May, 2006.

    For the Nuclear Regulatory Commission.
Jack R. Strosnider,
Director, Office of Nuclear Material Safety and Safeguards.
 [FR Doc. E6-9247 Filed 6-12-06; 8:45 am]
BILLING CODE 7590-01-P