[Federal Register Volume 82, Number 70 (Thursday, April 13, 2017)]
[Notices]
[Pages 17887-17890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07505]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 70-7005; NRC-2017-0098]
Exemption Request for Waste Control Specialists LLC; Andrews
County, Texas
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
(FONSI) in support of the NRC's consideration of issuance of a new 2017
order that would supersede an order previously issued to Waste Control
Specialists LLC (WCS) on December 3, 2014 (2014 Order). The 2014 Order
contained conditions and criteria that allowed WCS to be exempt from
the NRC's regulations concerning special nuclear material (SNM).
DATES: The EA and FONSI are available as of April 13, 2017.
ADDRESSES: Please refer to Docket ID NRC-2017-0098 when contacting the
NRC about the availability of information regarding this document. You
may access 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-2017-0098. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact
the individuals 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 document referenced (if it is available
in ADAMS) is provided the first time that it is mentioned in this
document.
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: James Park, Office of Nuclear Material
Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington
DC 20555-0001; telephone: 301-415-6954; email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
The current action is in response to WCS's December 4, 2014,
request for an exemption from NRC regulations to transfer aboveground,
under specified conditions, wastes containing SNM in excess of the
critical mass limits specified in section 150.11 of title 10 of the
Code of Federal Regulations (10
[[Page 17888]]
CFR), ``Critical Mass,'' at its Andrews County, Texas, facility,
without first obtaining from the NRC a 10 CFR part 70 license.
The WCS operates a facility in Andrews County, Texas, (WCS site)
that is currently licensed by Texas to receive, possess, use, store,
dispose and transfer certain types of radioactive material contained in
Low-Level Waste (LLW) and Mixed Waste (MW) (i.e., waste that is both
hazardous waste and LLW). The WCS site also receives hazardous and
toxic waste for disposal. Under an Agreement authorized by the Atomic
Energy Act, as amended, the NRC can relinquish and a State can assume,
regulatory authority over radioactive material specified in an
Agreement with the 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 and Toxic Substance Control Act 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 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, ``Domestic Licensing of
Special Nuclear Material.'' 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, ``Critical
Mass.'' However, the Commission may grant exemptions from the
requirements of specific regulations pursuant to 10 CFR 70.17(a), if
the Commission determines the exemptions 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 the 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, ``Exemptions and Continued Regulatory
Authority in Agreement States and in Offshore Waters under Section
274,'' at the WCS Site without obtaining an NRC license pursuant to 10
CFR part 70. The NRC published the 2001 Order in the Federal Register
(FR) on November 15, 2001 (66 FR 57489). The publicly available
November 21, 2001, NRC letter to WCS (ADAMS Accession No. ML030130085),
included as attachments the 2001 Order, the October 2001 EA, and the
November 2001 Safety Evaluation Report (SER). The EA discussed the
conditions specified in the 2001 Order.
By letters dated August 6, 2003, and March 14, 2004, WCS requested
a modification to the 2001 Order to 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 NRC published the 2004 Order in the FR on November
12, 2004 (69 FR 65468). The October 2004 EA (ADAMS Accession No.
ML043020614) and October 2004 SER (ADAMS Accession No. ML042250362)
discussed the new conditions specified in the 2004 Order. The 2004
Order allowed 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 modifications to
the 2004 Order. The NRC issued the new Order to WCS on October 29, 2009
(2009 Order), which superseded the 2004 Order. The NRC published the
2009 Order in the FR on October 26, 2009 (74 FR 55072). The October
2009 EA (ADAMS Accession No. ML092460509) and October 2009 SER (ADAMS
Accession No. ML093070307) discussed the new conditions specified in
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, 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 2009 Order in RML R04971 for the
WCS treatment, storage, and processing facility were transferred to RML
R04100. Previous NRC 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 at the WCS Site in
this EA.
By letter dated July 18, 2014, WCS requested modifications to the
2009 Order to allow movement to and temporary storage of some of the
Los Alamos National Laboratory (LANL) Waste at the WCS Federal Waste
Disposal Facility (FWF) rather than at the TSDF. The LANL Waste is U.S.
Department of Energy (DOE) waste that originated at the LANL that is
destined for disposal at the DOE Waste Isolation Pilot Plant (WIPP)
Facility. Due to the February 14, 2014, WIPP incident, the DOE
suspended operations at the WIPP Facility. In April 2014, WCS began
receiving some LANL Waste from DOE that met the conditions in the 2009
Order and WCS began storing the waste at the TSDF. The NRC issued the
2014 Order to WCS on December 11, 2014, which superseded the 2009
Order. The NRC published the 2014 Order in the FR on December 11, 2014
(79 FR 73647), allowing temporary storage of some of the LANL Waste at
the WCS FWF. The October 2014 EA (ADAMS Accession No. ML14238A208) and
November 2014 SER (ADAMS Accession No. ML14230A804) discussed the new
conditions specified in the 2014 Order.
The previous NRC Orders (2001, 2004, 2009, and 2014) 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 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 Site. The 2001 Order granted, and the subsequent
[[Page 17889]]
NRC Orders (2004, 2009, and 2014) continued the use of concentration-
based limits and other conditions at specific locations at the WCS
Site. The TCEQ incorporated the concentration-based limits and other
conditions from each respective NRC Order (2001, 2004, 2009, and 2014)
into the WCS license for the specific locations at the WCS Site where
the concentration-based limits instead of mass-based limits and other
conditions are applicable.
II. Environmental Assessment
Description of the Proposed Action
By letter dated December 4, 2014 (ADAMS Accession No. ML14342A773),
WCS requested an exemption from NRC regulations to possess SNM in
excess of the critical mass limits specified in 10 CFR 150.11 while
performing specific transfers aboveground at the WCS Site, without
first obtaining a 10 CFR part 70 license. Through subsequent public
interactions between the NRC and WCS, the WCS request was revised to
allow transfer of waste from off-site the WCS Site directly to either
the Compact Waste Facility (CWF) or the FWF, only for disposal (Direct
Transfer), without the waste being applied towards the aboveground SNM
possession limit for the WCS Site. Pursuant to the NRC proposed
conditions in the 2017 Order: (1) WCS would continue to possess waste
when it enters the WCS-owned rail spur (for rail shipments) or when it
enters the WCS Site (for truck shipments); (2) for Direct Transfers,
waste would not apply towards the aboveground SNM possession limit
until it is removed from the rail car (for rail shipments) or removed
from the truck (for truck shipments); and (3) for Direct Transfers,
waste would not be processed, treated, or stored at the WCS Site. The
NRC used the concept of Criticality Safety Index (CSI) as the safety
basis to support the NRC proposed conditions in the 2017 Order. All
aboveground waste containing SNM possessed by WCS would apply towards
the aboveground SNM possession limit, except waste meeting the Direct
Transfer proposed conditions in the 2017 Order.
The NRC staff evaluated the three types of Direct Transfers:
Off-site containerized waste that arrives by truck and
sent directly to the CWF only for disposal;
Off-site containerized waste that arrives by truck and
sent directly to the FWF only for disposal; and
Off-site bulk waste that arrives by truck and sent
directly to the FWF only for disposal.
The following factors informed the NRC's evaluation of the proposed
action:
The concept of CSI is discussed in 10 CFR part 71,
``Packaging and Transport of Radioactive Material.'' The provisions in
10 CFR part 71 regulate the packaging, preparation for shipment, and
transportation of radioactive material on public roadways.
10 CFR 71.4 defines CSI as: ``the dimensionless number
(rounded up to the next tenth) assigned to and placed on the label of a
fissile material package, to designate the degree of control of
accumulation of packages, overpacks, or freight containers containing
fissile material during transportation. Determination of the CSI is
described in 10 CFR 71.22, 71.23, and 71.59. The CSI for an overpack,
freight container, consignment, or conveyance containing fissile
material packages is the arithmetic sum of the CSIs of all the fissile
material packages contained within the overpack, freight container,
consignment, or conveyance.''
The NRC Glossary found at https://www.nrc.gov/reading-rm/basic-ref/glossary.html, defines Fissile Material as: ``A nuclide that
is capable of undergoing fission after capturing low-energy thermal
(slow) neutrons . . . .''
10 CFR 71.22(a) includes: ``A general license is issued to
any licensee of the Commission to transport fissile material, or to
deliver fissile material to a carrier for transport if the material is
shipped in accordance with this section.'' Other provisions in the
regulation specify the CSIs for individual packages and for the
shipments of multiple packages. Section 71.22(d)(3) specifically
includes: ``For a shipment of multiple packages containing fissile
material, the sum of the CSIs must be less than or equal to 50 (for
shipment on a nonexclusive use conveyance) . . . .''
Use of the CSI of 50 from 10 CFR part 71 for the safe
transportation of radioactive material on public roads provides
adequate safety for direct transfers at the WCS Site.
The definition of ``conveyance'' in 10 CFR 71.4 includes:
``For transport by public highway or rail any transport vehicle or
freight container . . . .''
A transportation package is a container placed on or in a
conveyance. A transportation package can contain one or more waste
packages.
A waste package is a container with waste that was placed
inside a transportation package.
For this modified request, the concept of CSI only applies
to transportation packages.
The SNM contained in either a transportation package or a
waste package that meets the NRC proposed conditions in the 2017 Order
do not apply towards the aboveground SNM possession limit at the WCS
Site. Otherwise, that SNM does apply towards the aboveground SNM
possession limit at the WCS Site.
When waste is removed from a railcar at the WCS Site, the
SNM contained in that waste does apply towards the aboveground SNM
possession limit at the WCS Site.
Under the modified request, the Direct Transfers would only occur
on appropriately dedicated secure access roads, with conveyances
travelling to either the CWF or the FWF under the 25 miles per hour
speed limit. Additionally, Direct Transfers would be escorted by at
least two radiation safety technicians and two waste acceptance
personnel, with entrances to the access roads blocked for a distance of
50 yards from a Direct Transfer.
At any one time, WCS may have one conveyance containing one or more
transportation packages with waste traveling to the CWF and one
conveyance containing one or more transportation packages with waste
traveling to the FWF. There would be no limit to the number of empty
conveyances (i.e., with either no or empty transportation packages)
traveling from the CWF and traveling from the FWF. Additionally, there
may only be a maximum of one transportation package open at the CWF and
one transportation package open at the FWF at the same time. The waste
would be allowed to be at the CWF or the FWF for a maximum of 24 hours
before being safely disposed of at that location, unless external
factors (e.g., weather, equipment) dictate otherwise.
Need for the Proposed Action
The need expressed by WCS in its initial December 4, 2014, request
for the proposed action is to reduce the number of onsite transfers
required to process rail and truck shipments of wastes containing SNM.
The WCS considers that approval of this proposed action would result in
a safer (less handling), more secure (less time above ground), and more
efficient (less cost) handling of SNM waste shipments.
The purpose of this EA is to assess the potential environmental
impacts of the WCS December 2014 exemption request as modified through
subsequent public interactions with the NRC. This EA does not approve
or deny the requested action. A separate SER has been prepared in
support of approval or denial of the requested action.
[[Page 17890]]
Environmental Impacts of the Proposed Action
The NRC does not expect that significant changes in radiation
hazards to workers would result from the proposed action. In performing
the Direct Transfers, WCS would follow its State of Texas-approved
radiation protection procedures (e.g., Radiation Safety Procedures, as
low as is reasonably achievable [ALARA] Program) to keep radiological
doses to workers within the State's regulatory limits (see Texas
Administrative Code, Part 1, Chapter 336, Subchapter D, ``Standards for
Protection Against Radiation''). The WCS conducts this approved
radiation protection program with an emphasis on maintaining
radiological doses to workers and the general public ALARA.
To reduce the potential for inadvertent criticality, WCS would: (1)
Be limited in the number of transportation packages transferred on a
single conveyance to the CWF or the FWF using the total CSI of less
than 50; (2) be required to have a maximum of only one transportation
package open in the CWF and the FWF at the same time; and (3) be
required to safely dispose of the waste in the CWF or the FWF within 24
hours.
The NRC staff does not expect the proposed action to result in
substantive changes to the transportation impacts identified in prior
EAs. The modified exemption request addresses only changes to onsite
movement of SNM-bearing wastes. Direct Transfers to the CWF or the FWF
would take place within an area under control by WCS, on pre-existing
dedicated secure access roads, and with administrative controls (speed
limits and enforced road blockages during Direct Transfers) intended to
reduce the potential for, the severity of, and the potential
consequences of accidents. Additionally, all Direct Transfers to the
CWF and to the FWF would be escorted by radiation safety technicians
and waste acceptance personnel. All other environmental impacts would
be the same as those evaluated in the EAs that supported the previous
versions of the NRC Order.
If WCS' modified exemption request is approved by the NRC staff,
then the NRC would issue a new Order to supersede the 2014 Order, with
new conditions added to address the modified exemption request. The WCS
would continue to be permitted to possess SNM at the TSDF that meets
the concentration limits and controls without an NRC part 70 license.
The WCS would continue to be permitted to possess at the TSDF, highly
water soluble forms of SNM limited to amounts of SNM less than
``special nuclear material of low strategic significance,'' as defined
in 10 CFR 70.4.
The State of Texas regulates effluent releases and potential doses
to the public under the WCS license. The State of Texas would continue
to regulate the SNM at the WCS facility subject to the Order, as long
as WCS complies with the NRC Order.
Environmental Impacts of the Alternatives to the Proposed Action
As an alternative to the proposed action, the NRC staff considered
denial of the WCS' modified exemption request. This would result in the
NRC not issuing a new order that would supersede the 2014 Order (i.e.,
the ``no action'' alternative). Under that alternative, WCS would
continue its currently approved program for transferring SNM wastes to
either the CWF or the FWF for disposal. Under that program, WCS would
offload waste packages from conveyances one at a time to stay within
the current above-ground SNM possession limit. Such actions would
require multiple trips (as many as needed to individually transfer
waste packages) to the CWF or to the FWF. Compared to the proposed
action, this would result in an increased handling of SNM wastes, with
a subsequently increased possibility of accidents and radiological
exposure. However, WCS would continue to conduct its state-approved
radiation protection program to maintain radiological doses to workers
and the general public ALARA.
Agencies and Persons Consulted
On December 21, 2016, the staff consulted with the TCEQ, providing
by email a copy of the draft EA for review and comment (ADAMS Accession
No. ML17026A356). In an email dated January 12, 2017, the TCEQ stated
that it had no comments of the draft EA (ADAMS Accession No.
ML17026A360).
The proposed action does not involve the development or disturbance
of additional land. Hence, the NRC has determined that the proposed
action will not affect listed endangered or threatened species or their
critical habitat. Therefore, no further consultation is required under
Section 7 of the Endangered Species Act. Likewise, the NRC staff has
determined that the proposed action does not have the potential to
cause effects on historic properties even if they were present. Direct
Transfers would take place on dedicated secure access roads within the
WCS site, and no ground disturbing activities are associated with the
proposed action. Therefore, no consultation is required under Section
106 of the National Historic Preservation Act.
III. Finding of No Significant Impact
The NRC has reviewed WCS' December 4, 2014, request, as revised
through subsequent public interactions between the NRC and WCS, to
amend the 2014 Order. The NRC has found that effluent releases and
potential radiological doses to the public are not anticipated to
change as a result of this proposed action and that occupational
exposures are expected to remain within regulatory limits and ALARA. On
the basis of the environmental assessment, the NRC finds that the
proposed action has no significant impact on the quality of the human
environment. Accordingly, the NRC has determined not to prepare an
environmental impact statement for the proposed action.
Dated: April 4, 2017.
For the U.S. Nuclear Regulatory Commission.
Brian W. Smith,
Deputy Director, Division of Fuel Cycle Safety, Safeguards, and
Environmental Review, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2017-07505 Filed 4-12-17; 8:45 am]
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