[Federal Register Volume 83, Number 242 (Tuesday, December 18, 2018)]
[Notices]
[Pages 64902-64904]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27323]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 70-7005; NRC-2018-0281]


Waste Control Specialists LLC

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 a request from Waste 
Control Specialists LLC (WCS) to continue to store transuranic waste 
that originated from the Los Alamos National Laboratory (LANL) without 
an NRC license under the terms of a 2014 order. The 2014 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 
August 30, 2018, to extend the possession time to temporarily store 
certain waste at specific locations at the WCS Site until December 23, 
2020.

DATES: The EA and FONSI referenced in this document are available on 
December 18, 2018.

ADDRESSES: Please refer to Docket ID NRC-2018-0281 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 website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0281. Address 
questions about Docket IDs in Regulations.gov to Krupskaya Castello; 
telephone: 301-287-9221; 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 ``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: Harry Felsher, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington DC 20555-0001; telephone: 301-415-6559; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

[[Page 64903]]

I. Introduction

    Waste Control Specialists LLC operates a facility in Andrews 
County, Texas (i.e., the WCS Site), that is licensed to process and 
store certain types of radioactive material contained in low-level 
waste (LLW) and mixed waste (MW). The WCS Site is also licensed to 
dispose of radioactive, hazardous, and toxic waste. Under an Agreement 
authorized by the Atomic Energy Act of 1954, as amended (AEA), a State 
can assume regulatory authority over radioactive material. In 1963, 
Texas entered into such an Agreement and assumed regulatory authority 
over source material, byproduct material, and SNM under critical mass.
    On June 5, 1997, the State of Texas Department of Health (TDH) 
issued WCS a radioactive materials license (RML) to possess, treat, and 
store LLW (RML L04971). 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, the 
TDH transferred its licensing authority over the WCS RML to the Texas 
Commission on Environmental Quality (TCEQ). In September 2009, the TCEQ 
issued RML R04100 to WCS for disposal of LLW. In 2013, the TCEQ 
consolidated the separate licenses for possession, treatment, and 
storage of LLW (RML L04971) and for disposal of LLW (RML R04100) into 
RML R04100.
    Section 70.3 of title 10 of the Code of Federal Regulations (10 
CFR) 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.''
    On September 25, 2000, WCS first requested an exemption from the 
licensing requirements in 10 CFR part 70 (ADAMS Accession No. 
ML003759584). 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 on the WCS Site in Andrews 
County, Texas, without obtaining an NRC license pursuant to 10 CFR part 
70. The 2001 Order was published in the Federal Register on November 
15, 2001 (66 FR 57489).
    By letters dated August 6, 2003, and March 14, 2004, WCS requested 
a modification to the 2001 Order that would allow it to use additional 
reagents for chemical stabilization of mixed waste containing SNM. The 
NRC issued a new order on November 4, 2004 (2004 Order) that superseded 
the 2001 Order. The 2004 Order was published in the Federal Register on 
November 12, 2004 (69 FR 65468).
    By letter dated December 10, 2007, WCS requested additional 
modifications to the 2004 Order that would allow it to discontinue 
confirmatory sampling of waste streams with certain SNM characteristics 
and to perform confirmatory sampling of sealed sources by using surface 
smear surveys. The NRC issued a 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 55071).
    On February 14, 2014, a radiation release event occurred at the 
U.S. Department of Energy (DOE) Waste Isolation Pilot Plant (WIPP) 
Facility (WIPP incident). In response, the DOE suspended operations at 
the WIPP Facility. In April 2014, WCS began receiving some specific 
waste from the DOE that both WCS and DOE understood to meet both the 
U.S. Department of Transportation (DOT) shipping requirements and the 
conditions in the 2009 Order. WCS began storing that waste at the 
Treatment, Storage, and Disposal Facility (TSDF). The waste was DOE 
transuranic waste that originated at the Los Alamos National Laboratory 
(LANL) that was destined to be disposed of at the DOE WIPP Facility 
(i.e., ``LANL Waste''). In June 2014, WCS received information from the 
DOE that some of the LANL Waste being temporarily stored at the TSDF 
may be similar to the waste that might be the cause of the WIPP 
Incident. In response, WCS moved some of the LANL Waste from the TSDF 
to the Federal Waste Facility (FWF) disposal cell for temporary 
storage.
    By letter dated July 18, 2014, WCS requested an exemption from the 
NRC's regulations to possess SNM in excess of the critical mass limits 
specified in 10 CFR 150.11 while temporarily storing some LANL Waste in 
the FWF disposal cell. The NRC issued a new order to WCS on December 3, 
2014 (2014 Order) that superseded the 2009 Order. The 2014 Order was 
published in the Federal Register on December 11, 2014 (79 FR 73647). 
The 2014 Order changed the 2009 Order conditions by adding new 
conditions, primarily related to the temporary storage of the LANL 
Waste both at the TSDF and in the FWF disposal cell. The State of Texas 
incorporated the 2014 Order Conditions into WCS' (TCEQ-issued license) 
RML R04100.
    By letter dated March 28, 2016, WCS requested the relaxation of 
Condition 8.B.4 of the 2014 Order to extend the timeframe for 
temporarily allowing storage of the LANL Waste at the WCS Site from 
``two years'' to ``until December 23, 2018'' to be consistent with date 
in the TCEQ-issued license to WCS. By letter dated September 23, 2016 
(ADAMS Accession No. ML16097A265), the NRC approved a modification of 
the 2014 Order Condition 8.B,4, extending WCS' authorization to store 
the LANL Waste at the WCS Site without a license under 10 CFR part 70 
to ``until December 23, 2018,'' by citing the closed status of 
operations at the WIPP Facility and the safe temporary storage status 
of the LANL Waste at the TSDF and in the FWF disposal cell.
    By letter dated August 30, 2018, WCS requested, for the second 
time, that the effectiveness of its exemption from NRC requirements in 
10 CFR part 70 be extended with the relaxation of Condition 8.B.4 of 
the 2014 Order to extend the timeframe for temporarily allowing storage 
of the LANL Waste at the WCS Site for another two years, to ``until 
December 23, 2020.'' That proposal is the subject of this Environmental 
Assessment.

II. Environmental Assessment

Description of the Proposed Action

    The proposed action is the WCS request to modify the 2014 Order 
Condition 8.B.4. for the second time to allow WCS to continue to store 
the LANL Waste at specific locations at the WCS Site for an additional 
two years, until December 23, 2020, without an NRC license.

Need for the Proposed Action

    WCS is making this request to continue to store the LANL Waste 
while the DOE-led Interagency Project Team (including WCS, DOE, EPA, 
NRC, the State of Texas, and the State of New Mexico) works to 
recommend a path

[[Page 64904]]

forward for disposition of the LANL Waste. While the WIPP Facility has 
resumed operations, some of the LANL Waste at the WCS Site cannot be 
shipped off the WCS Site at this time because it does not meet DOT 
shipping requirements. WCS has indicated that it will not be able to 
ship the LANL Waste to another appropriate location by the timeframe 
specified in the 2014 Order Condition 8.B.4, as modified by NRC letter 
dated September 23, 2016.
    The purpose of this EA is to assess the potential environmental 
impacts of the WCS request to modify the 2014 Order Condition 8.B.4. 
for the second time to allow WCS to store the LANL Waste at specific 
locations at the WCS Site for additional two years, until December 23, 
2020. This EA does not approve or deny the requested action.

Environmental Impacts of the Proposed Action

    The NRC does not expect changes in radiation hazards to workers or 
to the environment. WCS will continue to ensure that the LANL Waste in 
both the FWF disposal cell and the TSDF remain stored safely and 
securely, and will notify the NRC of any events as appropriate, as set 
out in the 2014 Order. No changes to its handling or associated hazards 
would occur as a result of granting the requested change. Other 
environmental impacts would be the same as evaluated in the EA that 
supported the 2014 Order, as well as the 2001, 2004, and 2009 Orders, 
as applicable to the activities associated with the continued safe 
storage of the LANL Waste.

Environmental Impacts of the Alternatives to the Proposed Action

    As an alternative to the proposed action, the NRC staff could deny 
the WCS request and therefore, not issue a second modification to the 
Order Condition 8.B.4. that would authorize continued storage of the 
LANL Waste at the WCS Site (i.e., the ``no action'' alternative). Upon 
expiration of the timeframe in the 2014 Order Condition 8.B.4., as 
modified by the September 23, 2016 NRC letter to WCS, WCS would still 
be required to maintain the material safely. In addition, the NRC 
authorization of any change to the current storage of the LANL Waste at 
the WCS Site would still be required and WCS has submitted no such 
proposal to the NRC. As a result, under this alternative, there would 
be no environmental impacts different from the proposed action, 
although WCS would be required to secure a license or other regulatory 
authorization for the storage of the material or potentially be in 
violation of 10 CFR part 70 upon the expiration of the term in the 2014 
Order Condition 8.B.4.
    Thus, the ``no action'' alternative would not result in changes to 
the environmental impacts evaluated in the NRC's prior EAs that 
supported the 2014 Order or the previous NRC orders. Those prior EAs 
concluded that there would be no significant radiological or non-
radiological environmental impacts associated with the storage of SNM 
at the WCS Site, consistent with the conditions in those NRC Orders.

Agencies and Persons Consulted

    On December 3, 2018, the staff consulted with TCEQ by providing a 
draft of the EA for review and comment. By letter dated December 7, 
2018 (ADAMS Accession No. ML18344A091), TCEQ provided comments on and 
recommended corrections to the draft EA. The NRC staff modified the EA 
to appropriately address the TCEQ comments and recommended corrections.
    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 
adversely affect cultural resources because 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 the WCS August 30, 2018, request to supplement 
the 2014 Order again to extend the possession time of the LANL Waste at 
specific locations at the WCS Site. The NRC has found that effluent 
releases and potential radiological doses to the public are not 
anticipated to change as a result of this action and that occupational 
exposures are expected to remain within regulatory limits and as low as 
reasonably achievable. On the basis of this environmental assessment, 
the NRC concludes that the proposed action will not have a significant 
effect on the quality of the human environment. Accordingly, the NRC 
has determined not to prepare an environmental impact statement for the 
proposed action.

    Dated at Rockville, Maryland, this 12th day of December 2018.

    For the Nuclear Regulatory Commission.

John R. Tappert,
Director, Division of Decommissioning, Uranium Recovery, and Waste 
Programs, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2018-27323 Filed 12-17-18; 8:45 am]
 BILLING CODE 7590-01-P