[Federal Register Volume 72, Number 53 (Tuesday, March 20, 2007)]
[Notices]
[Pages 13138-13139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5034]



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NUCLEAR REGULATORY COMMISSION


Notice of Environmental Assessment and Finding of No Significant 
Impact for Exemption, in Accordance With 10 CFR 30.11, From NRC 
Licensing Requirements That May Otherwise Be Applicable With Respect to 
the Receipt and Disposal of Cesium Contaminated Emission Control Dust 
Located at the LeTourneau, Inc. Steel Mill in Longview, Texas at the 
U.S. Ecology Idaho Disposal Facility

AGENCY: U.S. Nuclear Regulatory Commission.

ACTION: Environmental Assessment and Finding of no significant impact 
for exemption from NRC regulations pursuant to 10 CFR 30.11.

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FOR FURTHER INFORMATION CONTACT: James Shaffner, Project Manager, Low-
Level Waste Branch, Environmental Protection and Performance Assessment 
Directorate, Division of Waste Management and Environmental Protection, 
FSME, U.S. NRC; telephone: (301) 415-5496; fax number: (301) 415-5397; 
or by e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    The U. S. Nuclear Regulatory Commission (NRC) is considering, 
pursuant to 10 CFR 30.11, the issuance of an exemption from NRC 
licensing requirements that would otherwise be associated with U.S. 
Ecology Idaho's (USEI) receipt and disposal of emission control dust 
contaminated with minor concentrations of Cesium 137 resulting from the 
accidental melting of a Cesium sealed source. The contaminated material 
is the property of LeTourneau Inc., the owner of a steel mill near 
Longview, TX. A Texas licensee, Earth-Tech, is managing the material on 
behalf of LeTourneau consistent with Earth-Tech's Texas Radioactive 
Materials License (LO5449). None of the parties involved in the 
proposed action are NRC licensees.
    Issuance of the proposed exemption, in conjunction with an action 
by the State of Texas to approve the removal of the wastes from the 
LeTourneau site, will allow for transfer of the material, by rail car, 
to USEI's Resource Conservation and Recovery (RCRA) Subtitle C facility 
near Grand View, Idaho for processing (stabilization) and disposal. 
Material would be processed and disposed of in accordance with the 
requirements of USEI's RCRA permit. Pursuant to the proposed exemption, 
the material, upon its receipt at USEI's disposal facility, would not 
be subject to NRC licensing and would not be subject to NRC regulation.

II. Environmental Assessment

Identification of Proposed Action

    10 CFR 30.11 provides that ``* * * the Commission may, upon 
application of any interested person or upon its own initiative, 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.'' The proposed action would exempt USEI from NRC 
licensing requirements contained in 10 CFR Part 30 that would otherwise 
be associated with the receipt, processing, and disposal of material 
contaminated with small concentrations (less than 25 picocuries per 
gram) of Cesium 137, a radioactive byproduct material. This action is 
in conjunction with a concurrent action by the Texas Department of 
State Health Services (DSHS) to approve the transfer of the material 
(per Title 25, Texas Administrative Code Sec.  289.252(cc)(2)(E)) from 
the LeTourneau site notwithstanding the provisions of Title 25, Texas 
Administrative Code Sec.  289.202(ff)(20)(A) related to the 
stabilization of these materials. It would allow the transfer of 
approximately 250 tons of emissions control dust (K061) from the 
LeTourneau facility in Longview, Texas to the USEI facility near Grand 
View, Idaho. Pursuant to the proposed exemption, the material, upon its 
receipt at USEI's disposal facility, would not be subject to NRC 
licensing and would not be subject to NRC regulation. USEI would then 
process (stabilize) the material for disposal at its facility 
consistent with the requirements of its RCRA Subtitle C permit.

Need for the Proposed Action

    This exemption is necessary to allow the timely disposal of 250 
tons of K061 material that is slightly contaminated (less than 25 
picocuries per gram) with Cs 137 at the USEI disposal facility near 
Grand View, Idaho, which is permitted under RCRA, Subtitle C. NRC is 
fulfilling its responsibilities under the Atomic Energy Act to make a 
timely decision on the proposed exemption that ensures protection of 
public health and safety and the environment.

Environmental Impacts of the Proposed Action

    In its October 27, 2006 letter and technical report, LeTourneau 
included a description of disposal site characteristics, a description 
of the waste, and radiological assessments of potential dose to 
transport workers, USEI site workers and future occupants of the 
disposal site after site closure. The NRC staff has reviewed the 
evaluations performed by LeTourneau, as well as related Texas DSHS 
correspondence (dated November 14, 2006, and February 1, 2007) in order 
to determine whether the criteria for granting the exemption are met. 
Staff has found that the potential doses to members of the public, 
either through proximity to material in transport, as a worker at the 
USEI facility, or as a current or future resident around the USEI 
facility, are less than ``a few mrem'' and consistent with NRC's policy 
which would be applicable to NRC licensees regarding 10 CFR 20.2002 
approvals. Staff also considered the risk associated with possible 
transportation accidents associated with the waste material in a 
readily dispersable form. Staff concludes that risk will be 
insignificant because of: (1) Low doses associated with low 
concentrations; and (2) the low accident rate associated with rail 
transport. Further, the staff has determined that the affected 
environment and environmental impacts associated with the proposed 
action will not significantly increase the probability or consequences 
of accidents.
    USEI has received for processing and disposal similar material in 
the past. No changes are being made in the types of effluents that may 
be released off of the USEI site, nor is there significant potential 
for increase in public radiation exposure (for this evaluation USEI 
workers are considered members of the public). Based on its review, the 
NRC staff considered the impact of residual radioactivity at the 
disposal facility. The NRC has identified no other radiological or non-
radiological activities in the area that could result in cumulative 
impacts, and concludes that the proposed action will not have a 
significant effect on the quality of the environment.

Environmental Impacts of the Alternatives to the Proposed Action

    Due to the small amounts of radioactive material involved, the 
environmental impacts of the proposed action are small. Therefore, the 
only alternative that the staff considered is the no-action 
alternative, under which the NRC would maintain status quo by refusing 
to grant this exemption. This would require either leaving the material 
in place near Longview or sending it to an alternative facility that is 
permitted to receive it. In the case of the former, projected 
radiological impacts on members of the public are

[[Page 13139]]

projected to be greater than those associated with the proposed action. 
In the case of the latter, radiological impacts and transportation 
risks would be similar to those associated with the proposed action 
with higher implementation costs.

Conclusion

    The NRC staff has concluded that the proposed action will not 
significantly impact the quality of the human environment, and that the 
proposed action is the preferred alternative.

Agencies and Persons Consulted

    NRC provided a draft of this Environmental Assessment to the State 
of Idaho Department of Environmental Quality and the Texas Department 
of State Health Services for review on February 5, 2007. Minor comments 
received from both agencies via e-mail have been incorporated herein or 
otherwise resolved.
    The NRC staff has determined that the transportation of the subject 
material over preexisting rail transportation routes for disposal at a 
preexisting facility is not likely to jeopardize the continued 
existence of any endangered species or threatened species or result in 
the destruction or adverse modification of the habitat of such species. 
Therefore, no further consideration is required under Section 7 of the 
Endangered Species Act. The NRC staff has also determined that the 
proposed action is not the type of activity that has the potential to 
cause effects on historic properties. Therefore, no further 
consultation is required under Section 106 of the National Historic 
Preservation Act.

III. Finding of No Significant Impact

    The NRC staff has prepared this EA in support of the proposed 
action. On the basis of this EA, the NRC finds that there are no 
significant environmental impacts resulting from the proposed action 
and that preparation of an environmental impact statement is not 
warranted. Accordingly, the NRC has determined that a Finding of No 
Significant Impact is appropriate.

IV. Further Information

    Documents related to this action are available electronically in 
the NRC's Reading Room at http://www.nrc.gov/reading-rm/adams.html. 
From this site, you can access NRC's Agencywide Document Access and 
Management System (ADAMS), which provides text and image files of NRC's 
public documents. The documents associated with this action are:
    (1) Letter dated October 27, 2006, from LeTourneau to Texas DSHS 
and NRC requesting exemptions to allow transfer of material to USEI for 
processing and disposal. (ML063260540),
    (2) Letter dated November 14, 2006, from E. Bailey, Texas DSHS to 
W. Maier, NRC Region IV requesting NRC determination whether or not 
wastes may be disposed of at USEI facility and a condition for DSHS 
approval of waste removal. (ML070540192),
    (3) Letter dated February 1, 2007, from E. Bailey, Texas DSHS to W. 
Maier, NRC Region IV clarifying terms of approval for waste removal. 
(ML070540194),
    (4) Technical Review and Safety Evaluation Report of LeTourneau 
proposal by NRC staff dated February 22, 2007 (ML070530623),
    (5) Title 10, Code of Federal Regulations, part 30, ``Rules of 
General Applicability to Domestic Licensing of Byproduct Material.''
    If you do not have access to ADAMS, or if there are problems 
accessing documents located in ADAMS, contact the NRC Public Document 
Room (PDR) Reference Staff at 1-800-397-4209, 301-415-4737 or e-mail 
[email protected]. These documents may also be viewed electronically on the 
public computers located at the NRC's PDR, O-1F21, 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 13th Day of March, 2007.

    For the Nuclear Regulatory Commission.
Scott Flanders,
Deputy Director, Environmental Protection and Performance Assessment 
Directorate, Division of Waste Management and Environmental Protection, 
Office of Federal and State Materials and Environmental Management.
[FR Doc. E7-5034 Filed 3-19-07; 8:45 am]
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