[Federal Register Volume 79, Number 238 (Thursday, December 11, 2014)]
[Notices]
[Pages 73647-73651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29129]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 70-7005; NRC-2009-0283; EA-14-104]


Supersede Exemption for Waste Control Specialists, LLC; Andrews 
County, Texas

AGENCY: Nuclear Regulatory Commission.

ACTION: Order; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a new 
Order superseding a previously issued Order to Waste Control 
Specialists, LLC., (WCS) on October 20, 2009 (2009 Order). The previous 
Order exempted WCS from the NRC's regulations concerning special 
nuclear material (SNM). The current action is in response to a request 
by WCS dated July 18, 2014.

ADDRESSES: Please refer to Docket ID NRC-2009-0283 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly-available information related to this document 
using any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2009-0283. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: [email protected]. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection 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]. The 
ADAMS accession number for each

[[Page 73648]]

document referenced in this document (if that document is available in 
ADAMS) is provided the first time that a document is referenced.
     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: Maurice Heath, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-3137; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    Waste Control Specialists, LLC (WCS), operates a facility in 
Andrews County, Texas, that is licensed to process and store certain 
types of radioactive material contained in low-level waste (LLW) and 
mixed waste (MW). The facility also disposes of hazardous and toxic 
waste. Under an Agreement authorized by the Atomic Energy Act, as 
amended (AEA), the NRC can relinquish and a State can assume, 
regulatory authority over radioactive material specified in an 
Agreement with NRC. In 1963, Texas entered into an Agreement and 
assumed regulatory authority over source, byproduct and SNM less than a 
critical mass.
    On November 30, 1997, the State of Texas Department of Health (TDH) 
issued WCS a radioactive materials license (RML) to possess, treat, and 
store LLW (RML R04971). 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 the TDH for treatment and storage of MW and 
LLW. The MW and LLW streams may contain quantities of SNM. In 2007, 
regulatory responsibility for RML R04971 was transferred by TDH to the 
Texas Commission on Environmental Quality (TCEQ). In September 2009, 
the TCEQ issued RML R04100 to WCS for disposal of LLW.
    Section 70.3 of Title 10, Code of Federal Regulations (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 submitted to NRC an exemption request from 
the licensing requirements in 10 CFR part 70. On November 21, 2001, the 
NRC issued an Order to WCS (2001 Order) 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 the WCS storage and treatment facility 
in Andrews County, Texas, without obtaining an NRC license pursuant to 
10 CFR part 70. The 2001 NRC Order was published in the Federal 
Register on November 15, 2001 (66 FR 57489). As seen in the attachments 
to the November 21, 2001, NRC letter to WCS (ADAMS Accession No. 
ML030130085), the conditions specified in the 2001 Order are discussed 
in the October 2001 Environmental Assessment (EA) and November 2001 
Safety Evaluation Report (SER) that supported the 2001 Order.
    By letters dated August 6, 2003, and March 14, 2004, WCS requested 
a modification to the 2001 Order, which would allow it to use 
additional reagents for chemical stabilization of mixed waste 
containing SNM. The NRC issued the new Order on November 4, 2004 (2004 
Order), which superseded the 2001 Order. The 2004 Order was published 
in the Federal Register on November 12, 2004 (69 FR 65468). The new 
conditions specified in the 2004 Order are discussed in the October 
2004 EA (ADAMS Accession No. ML043020614) and SER (ADAMS Accession No. 
ML042250362) that supported the 2004 Order. The 2004 Order changed the 
2001 Order Conditions to allow WCS to use such chemical reagents as it 
deems necessary for treatment and stabilization of mixed waste 
containing SNM, provided that the SNM mass does not exceed specified 
concentration limits.
    By letter dated December 10, 2007, WCS requested additional 
modifications to the 2004 Order. The NRC issued the new Order to WCS on 
October 20, 2009 (2009 Order), which superseded the 2004 Order. The 
2009 Order was published in the Federal Register on October 26, 2009 
(74 FR 55072). The new conditions specified in the 2009 Order are 
discussed in the October 2009 EA (ADAMS Accession No. ML092460509) and 
SER (ADAMS Accession No. ML093070307) that supported the 2009 Order. 
The 2009 Order changed the 2004 Order Conditions regarding sampling of 
waste, what is allowed to be in the waste, and the amount of highly 
water soluble SNM in each waste package.
    In July 2013, by Amendment No. 22 of RML R04100, the TCEQ began to 
merge the license requirements in RML R04971 (for the radioactive waste 
treatment, storage, and processing facility) with the requirements in 
RML R04100 (for the LLW land disposal facility). In Amendment No. 22 of 
RML R04100, the TCEQ license requirements related to the NRC 2009 Order 
in RML R04971 for the WCS treatment, storage, and processing facility 
were transferred to RML R04100. Previous Orders referred to that 
location as the treatment, storage, and processing facility. 
Subsequently, WCS began referring to that location as the ``Treatment, 
Storage and Disposal Facility.'' The NRC will use the name ``Treatment, 
Storage, and Disposal Facility'' and the abbreviation TSDF to reference 
that location in this Order.
    The previous NRC Orders (2001, 2004, and 2009) addressed the issue 
that 10 CFR 70.3 requires persons who own, acquire, deliver, receive, 
possess, use, or transfer SNM to obtain an NRC license pursuant to the 
requirements in 10 CFR part 70. However, 10 CFR 150.10 exempts a person 
in an Agreement State who possesses SNM in quantities not sufficient to 
form a critical mass from the NRC's imposed licensing requirements and 
regulations. The method for calculating the quantity of SNM not 
sufficient to form a critical mass is set out in 10 CFR 150.11. 
Therefore, prior to the NRC 2001 Order, WCS was required to comply with 
NRC regulatory requirements and obtain an NRC specific license to 
possess SNM in quantities greater than amounts established in 10 CFR 
150.11. The 2001 WCS exemption request to NRC proposed to use 
concentration-based limits rather than mass-based limits at a specific 
location at the WCS facility. The NRC 2001 Order granted, and the 
subsequent NRC Orders (2004 and 2009) continued, the use of 
concentration-based limits with conditions at a specific location at 
the WCS facility. The TCEQ incorporated the concentration-based limits 
and conditions from each respective NRC Order (2001, 2004, and 2009) 
into the WCS license for the specific location at the WCS facility 
where the concentration-based limits instead of mass-based limits are 
applicable.
    By letter dated July 18, 2014 (ADAMS Accession No. ML14209A660), 
WCS requested an exemption from NRC regulations to possess SNM in 
excess of

[[Page 73649]]

the critical mass limits specified in 10 CFR 150.11 while temporarily 
storing specific waste at a different location at the WCS facility 
other than the TSDF. The WCS exemption request referenced the WCS June 
20, 2014, letter to the NRC (ADAMS Accession No. ML14171A554) that 
notified the NRC of actions that WCS had taken in response to the on-
going U.S. Department of Energy (DOE) investigation of an unplanned 
radiation release event at the DOE Waste Isolation Pilot Plant (WIPP) 
facility (i.e., the WIPP incident). The specific waste includes some of 
the transuranic waste that originated at the DOE Los Alamos National 
Laboratory (LANL), which are destined to be disposed of at the DOE WIPP 
facility (i.e., LANL waste). Due to the February 14, 2014, WIPP 
incident, the DOE suspended operations at the WIPP facility. In April 
2014, WCS began receiving some of the LANL waste from DOE, which met 
the conditions in the NRC 2009 Order. WCS intended to temporarily store 
the LANL waste at the TSDF at the WCS facility until WCS ships the 
waste.
    Based on the DOE investigation of the WIPP incident, DOE 
subsequently informed WCS that some of the LANL waste being temporarily 
stored at the WCS TSDF could, under certain conditions, react and 
potentially result in a release of transuranic radionuclides to the 
environment. On June 12, 2014, WCS responded to DOE's information by 
starting to voluntarily move the identified LANL waste to the Federal 
Waste Disposal Facility (FWF) at the WCS facility for temporary 
storage.
    After evaluating WCS's exemption request, the NRC staff decided 
that the appropriate action is to grant the request, contingent on 
compliance with the additional conditions contained in the 2014 Order. 
The reasons for this decision are further described in the SER for this 
request (ADAMS Accession No. ML14230A804).

II. Conditions

    Currently, WCS is exempted from the requirements of 10 CFR part 70, 
including the requirements for an NRC license in 10 CFR 70.3. This 
Order supersedes the 2009 Order that applies to the WCS treatment, 
storage and processing facility. Previous Orders referred to that 
location as the treatment, storage, and processing facility. 
Subsequently, WCS began referring to that location as the ``Treatment, 
Storage and Disposal Facility.'' The NRC will use the name ``Treatment, 
Storage, and Disposal Facility'' and the abbreviation TSDF to reference 
that location in the 2014 Order.
    The NRC reviewed the information in the WCS request and, along with 
clarifying teleconference calls and other public and non-public 
information provided by WCS, the NRC decided that the appropriate 
action is to grant the WCS exemption request, but has modified WCS' 
exemption request to include additional conditions which are reflected 
in this 2014 Order. As described in the SER Report for this request, 
the NRC has determined that the modified conditions in the 2014 Order 
will not endanger life or property or the common defense and security 
and is otherwise in the public interest to allow for movement and the 
temporary storage of the identified LANL waste at WCS FWF.
    Conditions 1 through 7 remain the same as in the 2009 Order. A new 
Condition 8 was created in this 2014 Order to address the NRC's 
modification of WCS' exemption request. The new Condition 8 applies to 
the LANL waste stored at either the TSDF or the FWF. Condition 8 in the 
2009 Order was renumbered as Condition 9 in this 2014 Order. Condition 
9 in the 2009 Order is renumbered as Condition 10 in this 2014 Order. A 
new Condition 11 was created in this 2014 Order. As such, Conditions 1 
through 11 of this 2014 Order now read as the following:
    1. Concentrations of SNM in individual waste containers and/or 
during processing shall not exceed the following values:

------------------------------------------------------------------------
                                            Operational     Measurement
                                            limit (gram     uncertainty
               SNM isotope                   SNM/gram     (gram SNM/gram
                                              waste)          waste)
------------------------------------------------------------------------
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] TN11DE14.028

    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:

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

    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

[[Page 73650]]

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.
    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.
    b. 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.
    c. 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 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. The ``WIPP incident'' is the February 14, 2014, unplanned 
radiation release event at the DOE WIPP facility in New Mexico. The 
following relate to WCS storing DOE transuranic waste that originated 
at the LANL, which are destined to be disposed of at the DOE WIPP 
facility (i.e., ``LANL waste''), at either the WCS Treatment, Storage, 
and Disposal Facility (TSDF) or the WCS Federal Waste Disposal Facility 
(FWF):
    A. The following conditions are applicable to LANL waste stored at 
the Federal Waste Disposal Facility (FWF) and other SNM bearing waste 
stored or disposed of at the FWF:
    1. The following waste is allowed to be stored at the WCS FWF: LANL 
waste in accordance with the concentration-based limits specified in 
Conditions 1 through 7, provided that it is in Standardized Waste Boxes 
(SWBs) analyzed to be safe in the DOE ``Nuclear Critical Safety 
Evaluation,'' WIPP-016, Rev. 4. The lids of the SWBs shall be bolted or 
similarly secured to the body and the SWBs shall be placed inside 
Modular Concrete Canisters (MCCs) consistent with the configurations 
analyzed in WIPP-016.
    2. The LANL waste shall be isolated from other SNM-bearing waste by 
a minimum of 6.096 meters (20 feet).
    3. The LANL waste in MCCs shall be stacked no more than one MCC 
high.
    B. The following conditions are applicable to all the LANL waste 
stored at either the TSDF or the FWF:
    1. WCS shall follow the general reporting and recordkeeping 
requirements of 10 CFR part 73 that are applicable to those who possess 
SNM of 1 gram or more. Those requirements are:
    (1) Notification to the NRC within 1 hour of discovery of any 
unauthorized removal of SNM which WCS is authorized to possess; and
    (2) maintenance of a recordkeeping program showing the receipt, 
inventory, acquisition, transfer, and disposal of all SNM in WCS' 
possession.
    2. The contents and matrices of the LANL waste in the inner 
containers shall conform to the description in the WCS non-public 
information.
    3. The physical security plan for the LANL waste shall be 
maintained to specifically include detection, assessment, and response 
methods and procedures for the LANL waste for as long as the LANL waste 
is at the WCS facility.
    4. WCS is allowed to possess the LANL waste for a maximum of 2 
years.
    5. The LANL waste shall remain unopened in the inner container in 
which it was shipped, unless WCS needs to take an action on one of the 
inner containers based on knowledge from DOE's investigation of the 
WIPP incident. Only one inner container may be open at a time.
    6. WCS shall keep NRC informed of the status of the DOE 
investigation of the WIPP incident. If DOE determines that some of LANL 
waste at WCS was similar to the waste that DOE determines to have 
contributed to the WIPP incident, then WCS will notify the NRC.
    9. 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.

[[Page 73651]]

    10. WCS shall obtain NRC's approval prior to changing any 
activities associated with the above Conditions.
    11. The Director of the Office of Nuclear Material Safety and 
Safeguards (or designee), may, in writing, relax or rescind any of the 
above conditions upon demonstration by WCS of good cause.

III. Conclusion

    Based on the staff's evaluation, the NRC 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 NRC hereby grants this 
exemption subject to the conditions in this Order, which implements 
concentration-based limits for SNM quantities not sufficient to form a 
critical mass at specific locations at the WCS facility. This NRC Order 
is effective and final 20 days after issuance of the Order without 
further order or proceedings. This NRC's Order enables the State of 
Texas to regulate SNM materials at the WCS facility under the State's 
radiation protection program as long as WCS complies with this Order.
    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. That 
finding was noticed in the Federal Register on November 6, 2014 (79 FR 
65999).

    Dated at Rockville, Maryland, this 3rd day December 2014.

    For the Nuclear Regulatory Commission.
Catherine Haney,
Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2014-29129 Filed 12-10-14; 8:45 am]
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