[Federal Register Volume 74, Number 180 (Friday, September 18, 2009)]
[Pages 47976-47977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22559]




Exemption From the Specific Import License Requirements

1.0 Request/Action

    US Ecology Idaho (USEI), a subsidiary of American Ecology, operates 
a hazardous waste and low-activity radioactive disposal facility near 
Grand View, Idaho. By letter dated March 19, 2009 (Agency Documents 
Access Management System [ADAMS] Accession No. ML091600258), USEI 
requested an exemption from the requirements in 10 CFR Part 110, 
``Export and Import of Nuclear Equipment and Material,'' for a specific 
license to import waste from Canada.
    Pursuant to 10 CFR 110.10, the Commission may, upon application by 
any interested person or upon its own initiative, grant exemptions for 
the requirements for a specific license in 10 CFR Part 110, when the 
import is (1) authorized by law; (2) is not inimical to the common 
defense and security of the United States; and (3) will not constitute 
an unreasonable risk to the public health and safety.

2.0 Background

    USEI requested an exemption from the requirements in 10 CFR 110.27 
for a specific license to import and dispose

[[Page 47977]]

of approximately 2,500 cubic meters of soil containing 15% concrete and 
metal debris contaminated with low concentrations of naturally 
occurring radium-226 and uranium-238, which will be generated during 
remediation and redevelopment of a property located in Toronto, Canada. 
In its March 19, 2009, letter, USEI stated that this material meets the 
``unimportant quantity of source material'' criteria founded in 10 CFR 
40.13(a). As part of their request, USEI included a safety assessment 
of the shipment from the Toronto property to the USEI disposal facility 
in Idaho and the resulting potential doses to members of the public 
during transport and disposal.
    As a matter of policy, the U.S. Nuclear Regulatory Commission (NRC) 
reviews the safety implications of disposing of unimportant quantities 
of material at sites other than Atomic Energy Act-licensed disposal 
facilities. USEI is permitted by the Idaho Department of Environmental 
Quality (IDEQ) to operate a Resource Conservation and Recovery Act 
(RCRA) Subtitle C facility located near Grand View, Idaho and is not an 
NRC licensee. Consistent with Commission policy (Federal Register: 
August 28, 2002 [Volume 67, Number 167], Proposed Rules, Pages 55175-
55179) such a request for transfer would normally be approved if the 
dose to a member of the public is unlikely to exceed 0.25 mSv/yr (25 

3.0 Discussion

    USEI supplied information on the source term of the waste and a 
proposed scenario to evaluate different possible exposures for members 
of the public. These scenarios include dose to the transportation 
workers, USEI workers, and post-closure dose to the general public. The 
State of Idaho RCRA permit allows the disposal of exempted radioactive 
material including uranium as either naturally occurring radioactive 
material or unimportant quantities of source material provided they 
meet the requirements outlined in 10 CFR 40.13(a) and can demonstrate 
that no individual would receive a dose in excess of 0.15 mSv/yr (15 
mrem/yr) for a period of 100 years after closure of the facility.
    Based on sampling results provided, the NRC confirmed that this 
waste material qualifies as ``unimportant quantities of source 
material'' (i.e., containing less than 0.05 weight percent of source 
material) under 10 CFR 40.13(a). As indicated in the Safety Evaluation 
Report (ML092380115), the staff verified that the expected dose to a 
member of the public due to transfer and disposal of the Toronto waste 
will be well below 25 mrem/yr.

4.0 Conclusion

    Accordingly, the Commission has determined that, pursuant to 10 CFR 
110.10(a), an exemption from the requirements of 10 CFR 110.27 is 
authorized by law, will not present an undue risk to the public health 
and safety, and is consistent with the common defense and security. 
Therefore, the Commission hereby grants USEI an exemption from the 
requirement of 10 CFR 110.27 for a specific license to import the 
approximately 2,500 cubic meters of contaminated soil.
    This exemption is effective upon issuance.

    For The Nuclear Regulatory Commission.

    Dated this 9th day of September 2009 at Rockville, Maryland.
Scott W. Moore,
Deputy Director, Office of International Programs.
[FR Doc. E9-22559 Filed 9-17-09; 8:45 am]