[Federal Register Volume 74, Number 205 (Monday, October 26, 2009)]
[Notices]
[Pages 55071-55074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25662]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 70-7005; NRC-2009-0283]


In the Matter of Waste Control Specialists, LLC; Order Modifying 
Exemption

AGENCY: U.S. Nuclear Regulatory Commission.

ACTION: Issuance of Order To Modify Waste Control Specialists, LLC's

[[Page 55072]]

Exemption from Requirements of 10 CFR part 70.

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FOR FURTHER INFORMATION CONTACT: Nishka Devaser, Environmental 
Protection and Performance Assessment Directorate, Division of Waste 
Management and Environmental Protection, Office of Federal and State 
Materials and Environmental Management Programs, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001. Telephone: (301) 415-
5196, 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.

    WCS operates a facility in Andrews County, Texas, that is currently 
licensed to process and store certain types of low-level waste (LLW) 
and mixed waste (MW), and dispose of hazardous and toxic waste. Texas 
is an Agreement State. On November 30, 1997, this facility was licensed 
by the State of Texas Department of Health (TDH) under a 10 CFR part 30 
equivalent radioactive materials license to possess, treat, and store 
LLW (R04971). License R04971 is currently under the jurisdiction of the 
Texas Commission on Environmental Quality (TCEQ). The facility is also 
licensed by the 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 special nuclear material (SNM). On May 29, 2008, the TCEQ 
issued a license to WCS that authorizes WCS to receive and dispose of 
byproduct material as defined in Title 25 of the Texas Administrative 
Code, Section 289.260(c)(4). On January 14, 2009, the TCEQ denied 
hearing requests and issued an order which allows a license to be 
granted for disposal of LLW after the applicant demonstrates ownership 
of all mineral rights. The order provides that a license may not be 
issued, signed or granted until such demonstration is made.
    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 of 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. However, 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.''
    In September 2000, WCS requested an exemption from the licensing 
requirements in 10 CFR part 70. On November 21, 2001, the NRC 
transmitted an Order to WCS granting an exemption to 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 NRC exemption applies only to activities authorized by TCEQ 
License R04971. The Order was published in the Federal Register on 
November 15, 2001 (66 FR 57489). The conditions specified in the Order 
are discussed in the November 2001 Safety Evaluation Report (SER) that 
supported the 2001 Order.
    By letters dated August 6, 2003, and March 14, 2004, Waste Control 
Specialists LLC (WCS) requested an amendment to its exemption, which 
would allow it to use additional reagents for chemical stabilization of 
mixed waste containing SNM. The NRC transmitted the revised Order to 
WCS on November 4, 2004. The Order was published in the Federal 
Register on November 12, 2004 (69 FR 65468). The modified conditions 
specified in the Order are discussed in the August 2004 Safety 
Evaluation Report (SER) that supported the 2004 Order.
    In a letter dated December 10, 2007, WCS requested additional 
modifications to its exemption from certain NRC regulations relative to 
the possession of SNM that is authorized by its TCEQ License R04971. By 
letter dated January 22, 2008, NRC acknowledged WCS' request.
    WCS' letter dated December 10, 2007, and NRC's acknowledgement 
dated January 22, 2008, are available at NRC's Electronic Reading Room 
at http://www.nrc.gov/reading-rm/adams.html. NRC's Agencywide Document 
Access and Management System (ADAMS) is available at this Web site. The 
ADAMS accession numbers for the December 10, 2007, and January 22, 
2008, letters are:

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                 Document description                     Accession No.
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December 10, 2007, WCS request for modification of the       ML073550638
 Order................................................
January 22, 2008, NRC acknowledgement of WCS request..       ML080150622
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II.

    The NRC staff considers that the appropriate action is to grant 
WCS's exemption request, with additional modifications. 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 activities 
authorized by TCEQ License R04971. This modification specifically would 
allow WCS to: Discontinue confirmation sampling upon receipt of waste 
that WCS verifies is adequately characterized by a generator to be 
uniform and which contains less than one-tenth of the SNM concentration 
limits presented in Condition 1; and to discontinue confirmatory 
sampling requirements of Condition 7 of the Order for sealed sources. 
By letter dated January 22, 2008, NRC informed WCS that it would 
clarify Condition 2, which states that waste must not contain ``pure 
forms'' of chemicals containing carbon, fluorine, magnesium, or bismuth 
in bulk quantities. NRC is also clarifying requirements for spatial 
uniformity of SNM concentrations in waste. The NRC is also revising 
Condition 4 of the Order, which currently limits the amount of highly 
water soluble SNM in each package, to address security concerns raised 
by the NRC staff during its review. Therefore, WCS's exemption is 
modified as follows:
    1. Concentrations of SNM in individual waste containers and/or 
during processing shall not exceed the following values:

[[Page 55073]]



------------------------------------------------------------------------
                                                           Measurement
                                         Operational       uncertainty
             SNM Isotope              limit (gram SNM/   (gram SNM/gram
                                         gram waste)         waste)
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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, shall be used.
[GRAPHIC] [TIFF OMITTED] TN26OC09.000

    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 uniformly distributed throughout the waste, such 
that the limiting concentrations must not be exceeded on average in any 
contiguous mass of 600 kilograms.
    2. The mass concentration of carbon, fluorine, and bismuth in the 
waste must be limited as follows:

----------------------------------------------------------------------------------------------------------------
             SNM Isotope                       Carbon                   Fluorine                 Bismuth
----------------------------------------------------------------------------------------------------------------
U-233...............................  28 wt%..................  34 wt%.................  34 wt%.
U-235(10)...........................  25 wt%..................  35 wt%.................  31 wt%.
U-235(100)..........................  41 wt%..................  42 wt%.................  33 wt%.
Pu-239..............................  43 wt%..................  43 wt%.................  34 wt%.
Pu-241..............................  37 wt%..................  39 wt%.................  32 wt%.
----------------------------------------------------------------------------------------------------------------

    For waste containing mixtures of C, F, and Bi, the sum of the 
weight fractions of C, F, and Bi shall be compared to the most 
restrictive maximum allowable weight fractions for any one of those 
elements. Similarly, where mixtures of radionuclides are present in the 
waste, the limiting maximum allowable weight fraction of C, F, and Bi 
shall be applied.
    The presence of the above materials will be determined and 
documented by the generator, based on process knowledge or testing.
    3. Waste accepted shall 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. Possession of highly water soluble forms of SNM shall not exceed 
the amount of SNM of low strategic significance defined in 10 CFR 73.2. 
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 is 
homogeneous or other information supporting spatial homogeneity.
    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

[[Page 55074]]

by the State of Texas to permit independent review.
    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, and that the waste meets Conditions 2 
through 4.
    WCS shall require generators to sample and determine the SNM 
concentration for each waste stream, not to include sealed sources, at 
a frequency of once per 600 kg if the concentrations are above one 
tenth the SNM limits of Condition 1. The measurement uncertainty shall 
not exceed the uncertainty value in Condition 1 and shall be provided 
on the written certification.
    7. WCS shall sample and determine the SNM concentration for each 
waste stream, not to include sealed sources, at a frequency of once per 
600 kg if the concentrations are above one tenth the SNM limits of 
Condition 1. This confirmatory testing is not required for waste to be 
disposed of at DOE's WIPP facility.
    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.

III.

    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 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 15, 2009 (74 FR 
52981-52985).

    Dated at Rockville, Maryland this 20th day of October 2009.

    For the U.S. Nuclear Regulatory Commission.
Larry W. Camper,
Division Director, Division of Waste Management and Environmental 
Protection, Office of Federal and State Materials and Environmental 
Management Programs.
[FR Doc. E9-25662 Filed 10-23-09; 8:45 am]
BILLING CODE 7590-01-P