[Federal Register Volume 86, Number 194 (Tuesday, October 12, 2021)]
[Notices]
[Pages 56729-56731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22154]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 70-1151; NRC-2021-0158]


Westinghouse Electric Company, LLC; Columbia Fuel Fabrication 
Facility; and US Ecology, Inc.; Idaho Resource Conservation and 
Recovery Act Subtitle C Hazardous Disposal Facility Located Near Grand 
View, Idaho

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) related to a request for alternate disposal, exemptions, and 
associated license amendment for the disposition of waste containing 
byproduct material and special nuclear material (SNM) from the 
Westinghouse Electric Company, LLC's (WEC) Columbia Fuel Fabrication 
Facility (CFFF) in Hopkins, South Carolina, under License Number SNM-
1107. The material would be transported to and disposed of at the US 
Ecology, Inc. (USEI) disposal facility located near Grand View, Idaho, 
which is a Subtitle C Resource Conservation and Recovery Act (RCRA) 
hazardous waste disposal facility permitted by the State of Idaho to 
receive low-level radioactive waste. The NRC is also considering the 
related action of approving corresponding exemptions to USEI. Approval 
of the alternate disposal request from WEC, the exemptions requested by 
WEC and USEI, and a conforming license amendment to WEC would allow WEC 
to transfer specific waste from CFFF for disposal at USEI.

DATES: The EA and FONSI referenced in this document are available on 
October 12, 2021.

ADDRESSES: Please refer to Docket ID NRC-2021-0158 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 https://www.regulations.gov and search for Docket ID NRC-2021-0158. Address 
questions about Docket IDs in Regulations.gov to Stacy Schumann; 
telephone: 301-415-0624; 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 https://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]. For the convenience of the reader, 
instructions about obtaining materials referenced in this document

[[Page 56730]]

are provided in the ``Availability of Documents'' section.
     Attention: The PDR, where you may examine and order copies 
of public documents, is currently closed. You may submit your request 
to the PDR via email at [email protected] or call 1-800-397-4209 or 
301-415-4737, between 8:00 a.m. and 4:00 p.m. (ET), Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: David Tiktinsky, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-8740, email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    By letter dated June 1, 2021, as supplemented on September 14, 
2021, WEC requested exemptions and an associated license amendment to 
License SNM-1107, issued for the operation of the CFFF located in 
Hopkins, South Carolina pursuant to section 20.2002 of title 10 of the 
Code of Federal Regulations (10 CFR). By letter dated September 14, 
2021, USEI incorporated the supplemented WEC application in its request 
for corresponding exemptions. The requests are for NRC authorization 
for an alternate disposal of NRC-licensed byproduct and SNM from the 
CFFF. As required by 10 CFR 51.21, the NRC conducted an EA. Based on 
the results of the EA that follows, the NRC has determined that 
pursuant to 10 CFR 51.31, preparation of an environmental impact 
statement for the exemption request is not required and pursuant to 10 
CFR 51.32, issuance of a FONSI is appropriate.
    WEC submitted a 10 CFR 20.2002 Alternate Disposal Request (ADR) on 
May 8, 2020 with a corresponding exemption request from USEI on May 11, 
2020. NRC staff reviewed and approved the request on December 9, 2020, 
along with the corresponding exemptions for USEI. Following approval, 
WEC determined that the volume of material considered was incorrect. To 
resolve the issue WEC submitted a second request, dated February 8, 
2021. NRC staff performed a review of the second request and issued an 
updated safety evaluation report (SER) evaluating both requests on 
March 11, 2021. On June 1, 2021, WEC submitted another ADR for the 
disposal of additional material from CFFF. On September 14, 2021, in a 
response to an NRC staff request for additional information (RAI), WEC 
supplemented and narrowed its June 1, 2021 request for the disposal of 
calcium fluoride (CaF2) sludge containing byproduct material 
and SNM. WEC stated that the other waste material types discussed in 
the June 1, 2021 request will be addressed in the response to the NRC 
staff's RAI at a later time and are not considered here.
    This ADR considers the remainder of the CaF2 sludge pile 
from which the CaF2 sludge evaluated in the amended request 
approved on March 11, 2021 originated. The previous review only 
approved a portion of the CaF2 sludge pile for disposal. The 
staff's review of the request is documented in its SER.

II. Environmental Assessment

Description of the Proposed Action

    WEC and USEI requested NRC approval for a 10 CFR 20.2002 alternate 
disposal request, exemptions to 10 CFR part 70.3 and 10 CFR 30.3, and a 
conforming WEC license amendment to allow WEC to transfer 133,000 ft\3\ 
of CaF2 sludge containing byproduct material and SNM from 
CFFF for disposal at the USEI disposal facility. The CaF2 to 
be disposed of is generated from CFFF site operations and previously 
stored in onsite lagoons. The lagoons are periodically dredged and the 
resulting CaF2 sludge is placed in piles on the site for 
drying prior to disposal. The CaF2 sludge considered under 
this request is contaminated with SNM (low enriched uranium {<5wt% U-
235{time} ).
    As proposed, this waste would be transported from CFFF in South 
Carolina to the USEI facility near Grand View, Idaho. The USEI facility 
is a RCRA Subtitle C hazardous waste disposal facility permitted by the 
State of Idaho. The USEI site has both natural and engineered features 
that limit the transport of radioactive material. The natural features 
include a low precipitation rate [i.e., 18.4 cm/year (7.4 in./year)] 
and a long vertical distance to groundwater (i.e., 61-meter (203-ft) 
thick on average unsaturated zone below the disposal zone). The 
engineered features include an engineered cover, liners, and leachate 
monitoring systems. Because the USEI facility is not licensed by the 
NRC, this proposed action requires the NRC to exempt USEI from the 
Atomic Energy Act of 1954, and NRC licensing requirements with respect 
to USEI's requested receipt and disposal of this material.

Need for the Proposed Action

    The need for the proposed action is to authorize a safe and 
appropriate method of disposal for the CaF2 sludge generated 
during day-to-day activities and currently being stored at the CFFF. 
The proposed action would also conserve low-level radioactive waste 
disposal capacity at licensed low-level radioactive disposal sites 
while ensuring that the material being considered is disposed of safely 
in a regulated facility.

Environmental Impacts of the Proposed Action

    The NRC staff reviewed the information provided by WEC to support 
their 10 CFR 20.2002 alternate disposal request and for USEI's specific 
exemptions from 10 CFR 30.3 and 10 CFR 70.3 in order to dispose of the 
CaF2 waste. Under the 10 CFR 20.2002 criteria, a licensee 
may seek NRC authorization to dispose of licensed material using 
procedures not otherwise authorized by NRC regulations. The licensee's 
supporting analysis must show that the radiological doses arising from 
the proposed 10 CFR 20.2002 disposal will be as low as reasonably 
achievable and within the 10 CFR part 20 dose limits.
    As documented in the SER, the NRC staff concluded that the 
requested alternate disposal of 133,000 ft\3\ of CaF2 sludge 
is acceptable under 10 CFR 20.2002. Details provided in this request, 
in combination with past reviews considering similar material from the 
same site, provide an adequate description of the waste and the 
proposed manner and conditions of waste disposal. As documented in the 
SER and consistent with the NRC staff's review of WEC's February 8, 
2021 request, a dose assessment concluded that potential doses to 
members of the public, including transportation workers and USEI 
workers involved in processing and disposing of the waste upon its 
arrival at USEI, are less than 1 mrem/y, well within the ``few mrem'' 
criteria that the NRC established (see NUREG-1757, Volume 1, Revision 
2). NRC staff also notes that the request is also subject to regulation 
under RCRA.
    NRC staff also considered non-radiological impacts associated with 
the proposed action. NRC staff concludes that approval of the proposed 
request would not have significant environmental impacts on non-
radiological effluents, air quality, or noise. In addition, approval of 
the proposed action will not significantly increase the probability or 
consequences of accidents associated with the transport and disposal of 
the CaF2 sludge.
    Therefore, due to the very small amounts of radioactive material 
involved, the evaluation previously

[[Page 56731]]

noted, and the NRC staff's analysis in the SER, the NRC staff finds 
that the environmental impacts of the proposed action are not 
significant.

Environmental Impacts of the Alternatives to the Proposed Action

    As an alternative to the proposed action, the NRC staff considered 
the no-action alternative in which the NRC staff would deny the 
disposal request. Denial of the request would require WEC to find 
another disposal pathway for this material and would ultimately only 
change the location of the disposal site. All other factors would 
remain the same or similar. Therefore, the no-action alternative was 
not further considered.

Agencies and Persons Consulted

    In accordance with its stated policy, on September 29, 2021, the 
staff consulted with the South Carolina Department of Health and 
Environmental Control and the Idaho Department of Environmental Quality 
regarding the environmental impacts of the proposed action. The State 
officials concurred with the EA and FONSI.

III. Finding of No Significant Impact

    The proposed action consists of NRC approval of (a) WEC's and 
USEI's alternate disposal requests under 10 CFR 20.2002, (b) WEC and 
USEI's exemption request under 10 CFR 30.11(a) and 10 CFR 70.17(a), the 
issuance of a conforming license amendment to WEC. Based on this EA, 
the NRC finds that there are no significant environmental impacts from 
the proposed action. Therefore, the NRC has determined, pursuant to 10 
CFR 51.31, that preparation of an environmental impact statement is not 
required for the proposed action and a FONSI is appropriate.

IV. Availability of Documents

    The documents identified in the following table are available to 
interested persons through one or more of the following methods, as 
indicated.

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             Document                        ADAMS accession No.
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Request for Alternate Disposal      ML20129J934 (Package).
 Approval and Exemption for
 Specific Columbia Fuel
 Fabrication Facility Waste
 (License No. SNM[dash]1197,
 Docket No. 70-1151), dated May 8,
 2020.
Request for Exemptions under 10     ML21061A273.
 CFR 30.11 and 10 CFR 70.17 for
 Alternate Disposal of Wastes from
 Columbia Fuel Fabrication
 Facility under 10 CFR 20.2002,
 dated February 25, 2021.
Request for Exemptions under 10     ML20280A601.
 CFR 30.11 and 10 CFR 70.17 for
 Alternate Disposal of Wastes from
 Columbia Fuel Fabrication
 Facility Under 10 CFR 20.2002,
 dated May 11, 2020.
US Ecology Exemption for Alternate  ML20304A341.
 Disposal of Specific Waste from
 the Westinghouse Columbia Fuel
 Fabrication Facility under 10 CFR
 20.2002, 10 CFR 30.11 and 10 CFR
 70.17, dated December 9, 2020.
Westinghouse Electric Company,      ML20302A083 (Package).
 LLC--Amendment 25 to Material
 License SNM-1107, Exemption for
 Alternate Disposal of Specific
 Waste (Enterprise Project
 Identifier L-2020-Lll-0009),
 dated December 9, 2020.
Request for Alternate Disposal      ML21039A719.
 Approval and Exemption for
 Specific Columbia Fuel
 Fabrication Waste (Docket No. 70-
 1151, Material License SNM-1107),
 dated February 8, 2021.
Westinghouse Electric Company,      ML21064A225.
 LLC--Amendment 26 to Material
 License SNM-1107, Exemption for
 Alternate Disposal of Specific
 Waste (Enterprise Project
 Identifier L-2021-LLA-0013),
 dated March 11, 2021.
U.S. Ecology Exemption for          ML21061A277 (Package).
 Alternate Disposal of Specific
 Waste from the Westinghouse
 Columbia Fuel Fabrication
 Facility under 10 CFR 20.2002, 10
 CFR 30.11 and 10 CFR 70.17, dated
 March 11, 2021.
Request for Exemptions Associated   ML21153A001.
 with Disposal and Transportation
 of Specified Columbia Fuel
 Fabrication Waste (Docket No. 70-
 1151, Special Nuclear Material
 License SNM-1107), dated June 1,
 2021.
Safety Evaluation Report for        ML21202A110 (Package).
 Request or Alternate Disposal
 Approval and Exemptions from
 Disposal of Columbia Fuel
 Fabrication Facility Waste to the
 US Ecology Idaho Facility, dated
 October 4, 2021.
Request for Alternate Disposal      ML21257A439.
 Request, Revised Scope Review and
 Approval (Docket No. 70-1151),
 dated September 14, 2021.
Request for Exemptions under 10     ML21258A221.
 CFR 30.11 and 10 CFR 70.17 for
 Alternate Disposal of Wastes from
 Columbia Fuel Fabrication
 Facility under 10 CFR 20.2002,
 dated September 14, 2021.
Letter from the Idaho Department    ML21278A525.
 of Environmental Quality entitled
 ``Review of the Draft
 Environmental Assessment related
 to an alternative disposal
 request from Westinghouse
 Columbia Fuel Fabrication
 Facility (CFFF) for disposal of
 CaF2 Sludge,'' dated October 4,
 2021.
Email from Ken Taylor of the South  ML21278A524.
 Carolina Department of Health and
 Environmental Control entitled
 ``Review of Draft Environmental
 Assessment for Westinghouse
 Columbia alternative disposal
 request,'' dated September 30,
 2021.
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    Dated: October 6, 2021.

    For the Nuclear Regulatory Commission.
Jacob I. Zimmerman,
Chief, Fuel Facility Licensing Branch, Division of Fuel Management, 
Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2021-22154 Filed 10-8-21; 8:45 am]
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