[Federal Register Volume 78, Number 211 (Thursday, October 31, 2013)]
[Notices]
[Pages 65390-65392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-25965]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 040-38368; NRC-2013-0241]
Exemption From Licensing for Disposal of Low-Activity Radioactive
Waste at the US Ecology Idaho Resource Conservation and Recovery Act
Disposal Facility
AGENCY: Nuclear Regulatory Commission.
ACTION: Environmental assessment and finding of no significant impact;
issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
environmental assessment (EA) and finding of no significant impact for
the exemption from licensing for disposal of low-activity radioactive
waste from the Safety Light Corporation (SLC) site in Bloomsburg,
Pennsylvania, at the US Ecology Idaho (USEI) Resource Conservation and
Recovery Act (RCRA) Subtitle C disposal facility near Grand View,
Idaho.
ADDRESSES: Please refer to Docket ID NRC-2013-0241 when contacting the
NRC about the availability of information regarding this document. You
may access publicly-available information related to this action by the
following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0241. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: [email protected]. For technical questions, contact
the individual(s) listed in the FOR FURTHER INFORMATION CONTACT section
of this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may access publicly available documents online in the NRC
Library at http://www.nrc.gov/reading-rm/adams.html. To begin the
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS, please contact the NRC's
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by email to [email protected].
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Mr. Stephen Lemont, Office of Federal
and State Materials and Environmental Management Programs, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, telephone: 301-415-
5163, email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
The NRC staff is considering a request from the US Ecology, Inc.
(US Ecology), dated July 7, 2013 (ADAMS Accession No. ML13198A017), for
exemption from licensing to receive and dispose of approximately 7,640
cubic meters (270,000 cubic feet) of low-activity radioactive wastes at
the USEI RCRA Subtitle C hazardous and low-activity radioactive waste
facility located near Grand View, Idaho. The wastes would consist of
bulk debris and materials from the demolition of structures on the SLC
site in Bloomsburg, Pennsylvania. This proposed NRC action would exempt
the USEI site from Atomic Energy Act and NRC licensing requirements.
The term ``low-activity waste'' does not have a statutory or
regulatory definition, but generally means wastes that contain some
residual radioactivity, including naturally occurring
[[Page 65391]]
radionuclides, which can be safely and economically disposed of in
hazardous or municipal solid waste landfills rather than in low-level
radioactive waste (LLRW) disposal facilities. Such waste is invariably
a fraction of the limits for Class A LLRW contained in part 61 of Title
10 of the Code of Federal Regulations (10 CFR), and is often below
concentrations that are considered safe for unrestricted release under
international standards.
The SLC site (also known as the SLC Superfund Site) was listed on
the U.S. Environmental Protection Agency's (USEPA's) National
Priorities List on April 27, 2005, and is presently the subject of a
remedial action under the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA). The USEPA is the lead agency
for the remedial action. Section 121(d)(3) of CERCLA applies in any
CERCLA response action involving off-site transfer of any hazardous
substance, or pollutant or contaminant (CERCLA wastes). This section of
the statute is interpreted in the USEPA's Offsite Rule (OSR) (40 CFR
300.440), which requires that CERCLA wastes may only be placed in a
facility operating in compliance with RCRA or other applicable Federal
or State requirements. Therefore, the subject waste from the SLC site
must be disposed at an appropriate offsite disposal facility pursuant
to the OSR.
The request to the NRC by US Ecology was made under the alternate
disposal provision contained in 10 CFR 20.2002 and the exemption
provision in 10 CFR 30.11. The Regulations in 10 CFR 20.2001 identify
the mechanisms by which a licensee may lawfully dispose of its licensed
radioactive waste. It contains seven different disposal paths,
including 10 CFR 20.2002, a provision for ``alternative disposal''
authorizations. Section 20.2002 is a general provision that allows for
other disposal methods, different from those already defined in the
NRC's regulations, provided that radiation doses are maintained as low
as is reasonably achievable (ALARA) and within the dose limits in 10
CFR part 20. In practice, Sec. 20.2002 is most often used for disposal
of low-activity waste in hazardous or solid waste landfills that are
permitted under RCRA.
In Pennsylvania, where the SLC site is located, is an NRC Agreement
State, while Idaho, where the USEI RCRA disposal facility is located,
is not an Agreement State. As a RCRA facility, USEI is permitted and
regulated by the Idaho Department of Environmental Quality (IDEQ), not
the NRC. Idaho regulations and USEI's RCRA permit provide for the
acceptance and disposal of the low-activity waste material with
appropriate NRC exemptions and approval. According to the NRC's March
13, 2012, letter to all Agreement States (ADAMS Accession No.
ML12065A038), ``Clarification of the Authorization for Alternate
Disposal of Material Issued under 10 CFR 20.2002 and Exemption
Provisions in 10 CFR (FSME-12-025),'' there are various approaches that
should be taken when both Agreement States and non-Agreement States are
involved in the Sec. 20.2002 exemption process. The present action
falls under Situation 3 in that letter, which addresses the
course of action when an Agreement State licensee requests
authorization under the State's Sec. 20.2002-equivalent regulation to
dispose of material at an unlicensed facility in a non-Agreement State.
According to Situation 3,
. . . both the Agreement State and the NRC would need to become
involved. The Agreement State that regulates the license seeking to
dispose of the material at an unlicensed facility in another state
would need to approve disposal under the Agreement State's 20.2002-
equivalent regulation. The unlicensed facility would then need to
obtain a license or an exemption from the NRC prior to accepting the
material for disposal.
Accordingly, in a letter dated June 11, 2013 (ADAMS Accession No.
ML13296A534), the Pennsylvania Department of Environmental Protection
informed the USEPA that it had authorized offsite disposal of the
subject material from the SLC site in a controlled environment, such as
that provided by a RCRA Subtitle C hazardous waste disposal facility.
Approval of the US Ecology request to the NRC would satisfy the
requirements of FSME-12-025 Situation 3, the State of Idaho
and USEI's RCRA permit, and allow the material to be transported to
USEI for disposal.
II. Environmental Assessment Summary
Under the requirements of 10 CFR 51.21 and 51.30(a), the NRC staff
developed an EA (ADAMS Accession No. ML13296A807) in support of the
proposed federal action, which is for the NRC to grant an exemption
from licensing to US Ecology for the USEI RCRA Subtitle C hazardous and
low-activity radioactive waste facility, located near Grand View,
Idaho, to receive and dispose of approximately 7,640 cubic meters
(270,000 cubic feet) of low-activity radioactive wastes, consisting of
bulk debris and materials from the demolition of buildings on the SLC
site in Bloomsburg, Pennsylvania. If the NRC exemption is granted, the
waste could be transported from the SLC site for disposal at the USEI
facility.
Radionuclides present in the waste materials originated from the
production of luminous materials and other commercial products and are
expected to be primarily surface and volumetric contaminants on walls,
ceilings, floors, and other equipment. The waste will also include
debris and materials associated with or contained within the buildings,
such as furniture, ductwork, lighting, wiring, process equipment, metal
sheet, and some asbestos-containing material in the form of roofing,
floor tile and siding. Specific radionuclides expected in the waste
include Actinium-227, Americium-241, Cesium-137, Cobalt-60, Lead-210,
Neptunium-237, Nickel-63, Radium-226, Strontium-90, and Tritium.
Radionuclide concentrations are not expected to exceed any USEI waste
acceptance criteria (WAC), and any material identified that could cause
a shipment to exceed the USEI WAC will be segregated and disposed at an
appropriately licensed LLRW disposal facility. The remedial action is
not expected to generate RCRA hazardous wastes. However, if small
quantities of hazardous wastes are generated, they will be segregated
and initially separated from the main building debris for
classification and radiological assessment. Hazardous waste materials
found to contain radiological contaminants will be treated (by micro-
and/or macro-encapsulation) and disposed at USEI under the RCRA permit
and WAC. If organic compounds that require treatment are present,
appropriate methods will be used to treat the organics prior to any
stabilization for disposal.
The USEI site comprises an approximately 65-hectare (160-acre)
hazardous waste treatment, storage and disposal facility. The facility
is permitted under Subtitle C of RCRA and under the Toxic Substances
Control Act (TSCA) to treat and dispose of RCRA and TSCA wastes, as
well as a wide range of low-activity radioactive wastes and other
wastes. The operating disposal area includes two active landfill
disposal cells and four surface impoundment disposal units. The site is
located in the semi-arid Owyhee Desert where there is limited
precipitation. The site's arid climate, deep groundwater, and favorable
soil and geologic conditions serve to promote waste isolation.
The information on environmental impacts presented in the EA is
focused on those environmental resource areas for which the NRC staff
understands that potential impacts of the proposed
[[Page 65392]]
action could occur. Both potential radiological and non-radiological
impacts were considered. If the NRC grants the exemption, the low-
activity SLC waste would be disposed of at the USEI site. The USEI site
includes an operating disposal facility, and disposition of the low-
activity SLC waste would occur in an existing waste disposal cell at
the site. The NRC staff concludes that USEI facility's RCRA permit
requirements, site and facility design features, and engineering and
administrative controls ensure the protection of workers, members of
the public, and the environment. Also, prior major earth disturbances
to create the waste disposal cell and other site facilities, and
ongoing site operations associated with waste handling and disposal
would preclude the existence of listed threatened or endangered species
or critical habitat and of historic properties.
The US Ecology request (ADAMS Accession No. ML13198A017) includes a
radiological dose assessment for the transport and disposal of the SLC
waste material. According to 10 CFR 20.2002, the analysis must show
that the radiological doses arising from the proposed action will be
ALARA and within the 10 CFR part 20 dose limits. The dose assessment
evaluates worker doses for transporting the material to USEI, doses for
the onsite workers at the USEI facility, and landfill post closure
doses for members of the general public. The analysis used Microshield
and RESRAD Version 6.5, as appropriate, to calculate the doses. The NRC
staff reviewed and evaluated this dose assessment and performed
independent dose calculations, and found the dose assessment to be
acceptable under 10 CFR part 20.
The dose assessment uses a conservative source term and site-
specific parameter values, and assessed a range of possible exposure
scenarios. Estimated doses to workers associated with both the
transport and disposal processes were all below 0.01 millisievert/year
(mSv/yr) (1 millirem/year (mrem/yr)). Regardless of the radionuclide
concentrations used, the post-closure dose to a member of the public
was also below 0.01 mSv/yr (1 mrem/yr). By comparison, the 10 CFR part
20 dose limits, as total effective dose equivalents, are 50 mSv/yr
(5000 mrem/yr) to workers (10 CFR 20.1201(a)(1)(i)) and 1 mSv/yr (100
mrem/yr) to individual members of the public (10 CFR 20.1301(a)(1)).
Also, based on the results of these analyses, the staff concludes that
the proposed disposal action will not significantly add to the annual
cumulative dose from all exempted and naturally occurring radioactive
material received at the USEI disposal facility.
As a result of the dose assessment and other considerations, the
staff concludes that the exemption of the USEI site from NRC licensing
requirements will not significantly increase the probability or
consequences of accidents, no changes are being made in the types of
any effluents that may be released off site, and there is no
significant increase in occupational or public radiation exposure.
The staff considered the no-action alternative as an alternative to
the proposed action. Under the no-action alternative, the NRC would
deny the present US Ecology exemption request and the SLC waste could
not be received and disposed at the USEI RCRA disposal facility.
However, the staff assumes that the subject SLC waste would still be
generated under the USEPA's CERCLA response action and, for this
response action to be in compliance with the OSR, the SLC waste would
still need to be transported to and disposed at another acceptable
offsite facility. This facility could be another appropriately
permitted disposal site, such as another RCRA hazardous disposal
facility, a municipal landfill, or a licensed LLRW disposal site. Under
these circumstances, the potential environmental impacts of the
proposed action and the no-action alternative at the disposal
facilities would be similar, although denial of the US Ecology request
by the NRC may result in delayed demolition of the structures at the
SLC site or delayed offsite shipment of the demolition wastes,
potentially resulting in increased exposure of site workers and members
of the public to the low-activity materials. Also, disposal of the
material at a LLRW disposal facility would be at higher cost than at a
RCRA hazardous waste landfill or municipal landfill permitted to accept
low-activity radioactive wastes but with little or no commensurate
reduction of risk, and disposal in a RCRA hazardous waste or municipal
landfill would conserve LLRW disposal capacity for higher activity
wastes.
III. Finding of No Significant Impact
The NRC staff has prepared an EA in support of the proposed action.
The staff has concluded that the proposed action, for the NRC to grant
an exemption from licensing for the USEI RCRA Subtitle C hazardous and
low-activity radioactive waste facility to receive and dispose of
specified low-activity radioactive wastes from the SLC Superfund Site,
will not significantly impact the quality of the human environment, and
that the proposed action is the preferred alternative. The USEI site
includes an operating disposal facility where the low-activity SLC
waste would be disposed of pursuant to a RCRA permit in an existing
waste disposal cell. The protection of workers, members of the public,
and the environment are ensured by USEI permit requirements, site and
facility design features, and engineering and administrative controls.
Further, estimated radiological doses associated with transport and
disposal of the waste to workers and members of the public would be
below 0.01 mSv/yr (1 mrem/yr), which is orders of magnitude below the
10 CFR part 20 dose limits of 50 mSv/yr (5000 mrem/yr) to workers and 1
mSv/yr (100 mrem/yr) to individual members of the public. Also, the
staff concludes that the proposed disposal action will not
significantly add to the annual cumulative dose from all exempted and
naturally occurring radioactive material received at the USEI disposal
facility.
On the basis of the conclusion of the EA, the NRC finds that there
are no significant environmental impacts 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.
Dated at Rockville, Maryland, this 25th day of October 2013.
For the Nuclear Regulatory Commission.
Kevin Hsueh,
Acting Deputy Director, Environmental Protection and Performance
Directorate, Division of Waste Management and Environmental Protection,
Office of Federal and State Materials and Environmental Management
Programs.
[FR Doc. 2013-25965 Filed 10-30-13; 8:45 am]
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