In the Matter of EnergySolutions, LLC (formerly Envirocare of Utah, LLC); Order Modifying Exemption from 10 CFR Part 70, 34165-34167 [E6-9181]
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Federal Register / Vol. 71, No. 113 / Tuesday, June 13, 2006 / Notices
schedule are electronic copies of records
created using electronic mail.
Dated: June 6, 2006.
Michael J. Kurtz,
Assistant Archivist for Records Services—
Washington, DC.
[FR Doc. E6–9158 Filed 6–12–06; 8:45 am]
BILLING CODE 7515–01–P
NUCLEAR REGULATORY
COMMISSION
Sunshine Act Meeting Notice
Agency Holding the Meeting: Nuclear
Regulatory Commission.
Date: Weeks of June 12, 19, 26, July 3,
10, 17, 2006.
Place: Commissioners’ Conference
Room, 11555 Rockville Pike, Rockville,
Maryland.
Status: Public and Closed.
Matters to be Considered:
Week of June 12, 2006
There are no meetings scheduled for
the Week of June 12, 2006.
Week of June 19, 2006—Tentative
Friday, June 23, 2006
9 a.m. Affirmation Session (Public)
(Tentative)
a. AmerGen Energy Company, LLC
(License Renewal for Oyster Creek
Nuclear Generating Station) Docket
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LLC (Palisades Nuclear Plant,
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9:30 a.m. Discussion of Security Issues
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Dated: June 8, 2006.
R. Michelle Schroll,
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[FR Doc. 06–5387 Filed 6–9–06; 10:09 am]
BILLING CODE 7590–01–M
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[Docket No. 40–8989]
Week of July 3, 2006—Tentative
In the Matter of EnergySolutions, LLC
(formerly Envirocare of Utah, LLC);
Order Modifying Exemption from 10
CFR Part 70
There are no meetings scheduled for
the Week of July 3, 2006.
Week of July 10, 2006—Tentative
There are no meetings scheduled for
the Week of July 10, 2006.
jlentini on PROD1PC65 with NOTICES
Week of July 17, 2006—Tentative
There are no meetings scheduled for
the Week of July 17, 2006.
ADDITIONAL INFORMATION: By a vote of 5–
0 on June 6, 2006, the Commission
determined pursuant to U.S.C. 552b(e)
and § 9.107(a) of the Commission’s rules
VerDate Aug<31>2005
17:34 Jun 12, 2006
Jkt 208001
AGENCY: Nuclear Regulatory
Commission.
ACTION: Issuance of Order Modifying
Exemption from Requirements of 10
CFR part 70.
FOR FURTHER INFORMATION CONTACT:
James Park, Environmental and
Performance Assessment Directorate,
Division of Waste Management and
Environmental Protection, Office of
PO 00000
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Sfmt 4703
34165
Nuclear Material Safety and Safeguards,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001.
Telephone: (301) 415–5835, fax number:
(301) 415–5397, e-mail: JRP@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The Nuclear Regulatory Commission
(NRC) is issuing an Order pursuant to
section 274f of the Atomic Energy Act
to EnergySolutions, LLC (formerly
Envirocare of Utah, LLC) concerning
EnergySolutions’ exemption from
certain NRC licensing requirements for
special nuclear material. This Order
reflects the change in company name
from Envirocare of Utah, LLC to
EnergySolutions, LLC.
II. Further Information
EnergySolutions, LLC
(EnergySolutions) operates a low-level
waste (LLW) disposal facility in Clive,
Utah. This facility is licensed by the
State of Utah, an Agreement State.
EnergySolutions also is licensed by
Utah to dispose of mixed waste,
hazardous waste, and 11e.(2) byproduct
material (as defined under section
11e.(2) of the Atomic Energy Act of
1954, as amended). By letter dated
March 3, 2006, EnergySolutions notified
the NRC that the company had changed
its name from Envirocare of Utah, LLC
and requested that the NRC reflect this
name change in identified NRC staff
documents.
Section 70.3 of 10 CFR part 70
requires persons who own, acquire,
deliver, receive, possess, use, or transfer
special nuclear material (SNM) to obtain
a license pursuant to the requirements
in 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.
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.’’
By previous Orders, Envirocare of
Utah, LLC was exempted from certain
NRC regulations and was permitted,
under specified conditions, to possess
waste containing SNM in greater
quantities than specified in 10 CFR part
150, at its LLW disposal facility located
in Clive, Utah, without obtaining an
NRC license pursuant to 10 CFR part 70.
The first such Order was published in
the Federal Register on May 21, 1999
(64 FR 27826). The most recent revision
to this Order was published in the
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34166
Federal Register / Vol. 71, No. 113 / Tuesday, June 13, 2006 / Notices
Federal Register on August 1, 2005 (70
FR 44123).
The modified Order set forth below
reflects the change in company name
from Envirocare of Utah, LLC to
EnergySolutions, LLC. No other
substantive changes to the August 1,
2005 Order have been made. The
exemption conditions would be revised
as follows.
TABLE B
Maximum SNM concentration in waste
containing the described materials (g
SNM/g waste)
Radionuclide
III. Modified Order
1. For waste with no more than 20
weight percent of materials listed in
Condition 2, concentrations of SNM in
individual waste containers must not
exceed the following values at time of
receipt:
TABLE A
Maximum SNM concentration in waste
containing the described materials (g
SNM/g waste)
No materials listed
in condition 2
Maximum
of 20
weight percent of
materials
listed in
condition 2
and no
more than
1 weight
percent of
beryllium
6.2E–4
6.9E–4
8.3E–4
9.9E–4
1.0E–3
1.3E–3
1.7E–3
2.3E–3
2.8E–3
3.5E–3
4.5E–3
5.0E–3
4.7E–4
2.8E–4
2.2E–4
5.4E–4
6.1E–4
7.4E–4
8.8E–4
9.6E–4
1.1E–3
1.5E–3
2.1E–3
2.5E–3
3.2E–3
4.2E–3
4.8E–3
4.3E–4
2.6E–4
1.9E–4
SNM nuclide
U–235 (>50%) a ....
U–235 (=50%) ......
U–235 (=20%) ......
U–235 (=10%) ......
U–235 (=5%) ........
U–235 (=3%) ........
U–235 (=2%) ........
U–235 (=1.5%) .....
U–235 (=1.35%) ...
U–235 (=1.2%) .....
U–235 (=1.1%) .....
U–235 (=1.05%) ...
U–233 ...................
Pu-239 ..................
Pu-241 ..................
jlentini on PROD1PC65 with NOTICES
Percentage value refers to weight percent
enrichment in U–235. For enrichments that fall
between identified values in the table, the
higher value is the applicable value (e.g., for
an enrichment of 14 weight percent U–235,
the applicable concentration limit is that for 20
weight percent U–235).
For waste with more than 20 weight
percent of materials listed in Condition
2, concentrations of SNM in individual
waste containers must not exceed the
following values at time of receipt:
VerDate Aug<31>2005
17:34 Jun 12, 2006
Jkt 208001
U–235 (>50%) ......
U–235 ...................
U–233 ...................
Pu-239 ..................
Pu-241 ..................
Unlimited
quantities
of materials listed
in condition 2
Unlimited
quantities
of materials listed
in conditions 2 and
3
3.4E–4
N/A
2.9E–4
1.7E–4
1.3E–4
1.2E–5
3.1E–4 a
1.1E–5
7.5E–6
5.3E–6
a For uranium at any enrichment with sum of
materials listed in Condition 2 and beryllium
not exceeding 45 percent of the weight of the
waste.
Plutonium isotopes other than Pu-239
and Pu-241 do not need to be
considered in demonstrating
compliance with this condition. When
mixtures of these SNM isotopes are
present in the waste, the sum-of-thefractions rule, as illustrated below,
should be used.
The concentration values in
Condition 1 are operational values to
ensure criticality safety. Where the
values in Condition 1 exceed
concentration values in the
corresponding conditions of the State of
Utah Radioactive Material License
(RML), the concentration values in the
RML, which are averaged over the
container, may not be exceeded. Higher
concentration values are included in
Condition 1 to be used in establishing
the maximum mass of SNM for nonhomogeneous solid waste and liquid
waste.
The measurement uncertainty values
should be no more than 15 percent of
the concentration limit, and represent
the maximum one-sigma uncertainty
associated with the measurement of the
concentration of the particular
radionuclide. When determining the
applicable U–235 concentration limit
for a specific enrichment percentage, the
analytical uncertainty shall be added to
the result (e.g., for a measurement value
of U–235 enrichment percentage of 1.1
+/-0.2, the U–235 concentration limit
corresponding to an enrichment percent
of 1.35 shall be used). This shall be
applied to analytical methods employed
by the generator prior to receipt and by
EnergySolutions upon receipt.
The SNM must be homogeneously
distributed throughout the waste. If the
SNM is not homogeneously distributed,
then the limiting concentrations must
not be exceeded on average in any
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contiguous mass of 600 kilograms of
waste.
Liquid waste may be stabilized
provided the SNM concentration does
not exceed the SNM concentration
limits in Condition 1. For containers of
liquid waste with more than 600
kilograms of waste, the total mass of
SNM shall not exceed the SNM
concentration in Condition 1 times 600
kilograms of waste. Waste containing
free liquids and solids shall be mixed
prior to treatment. Any solids shall be
maintained in a suspended state during
transfer and treatment.
2. Except as allowed by Tables A and
B in Condition 1, waste must not
contain ‘‘pure forms’’ of chemicals
containing carbon, fluorine, magnesium,
or bismuth in bulk quantities (e.g., a
pallet of drums, a B–25 box). By ‘‘pure
forms,’’ it is meant that mixtures of the
above elements, such as magnesium
oxide, magnesium carbonate,
magnesium fluoride, bismuth oxide,
etc., do not contain other elements.
These chemicals would be added to the
waste stream during processing, such as
at fuel facilities or treatment such as at
mixed waste treatment facilities. The
presence of the above materials will be
determined by the generator, based on
process knowledge or testing.
3. Except as allowed by Tables A and
B in Condition 1, waste accepted must
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 by the
generator, based on process knowledge,
physical observations, or testing. 4
Waste packages must not contain highly
water soluble forms of uranium greater
than 350 grams of uranium-235 or 200
grams of uranium-233. The sum of the
fractions rule will apply for mixtures of
U–233 and U–235. Highly soluble forms
of uranium include, but are not limited
to: Uranium sulfate, uranyl acetate,
uranyl chloride, uranyl formate, uranyl
fluoride, uranyl nitrate, uranyl
potassium carbonate, and uranyl sulfate.
The presence of the above materials will
be determined by the generator, based
on process knowledge or testing.
5. Waste processing of waste
containing SNM will be limited to
stabilization (mixing waste with
reagents), micro-encapsulation and
macro-encapsulation using low-density
and high-density polyethylene, macroencapsulation with cement grout, spraywashing, organic destruction (CerOx
process and Solvent Electron
Technology process), and thermal
desorption.
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Federal Register / Vol. 71, No. 113 / Tuesday, June 13, 2006 / Notices
EnergySolutions shall confirm that
the SNM concentration in the rinse
water does not exceed the limits in
Condition 1 following spray-washing,
prior to further treatment. If the rinse
water is evaporated, the evaporated
product shall comply with the
requirements in Condition 1.
EnergySolutions shall perform sampling
and analysis of the liquid effluent
collection system at a frequency of one
sample per 300 gallons or when the
system reaches capacity, whichever is
less.
EnergySolutions shall track the SNM
mass of waste treated using the CerOx
process. When the total concentration of
SNM is 85 percent of the sum of the
fraction rule in Condition 1,
EnergySolutions shall confirm the SNM
concentration in the phase reactor tank
and replace the solutions. The 10
percent enriched limit shall be used for
uranium-235. The contents of the phase
reactor tank should be solidified prior to
disposal.
When waste is processed using the
thermal desorption process and the
Solvent Electron Technology process,
EnergySolutions shall confirm the SNM
concentration following processing and
prior to returning the waste to
temporary storage.
6. EnergySolutions shall require
generators to provide the following
information for each waste stream:
jlentini on PROD1PC65 with NOTICES
Pre-shipment
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.
Uniformity Description. A description
of the process by which the waste was
generated showing that the spatial
distribution of SNM must be uniform, or
other information supporting spatial
distribution.
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.
VerDate Aug<31>2005
17:34 Jun 12, 2006
Jkt 208001
EnergySolutions 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 EnergySolutions 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, EnergySolutions
shall review this information and
determine when testing is required to
provide additional information in
assuring compliance with the
Conditions. EnergySolutions shall retain
this information as required by the State
of Utah to permit independent review.
At Receipt
EnergySolutions 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,
that the measurement uncertainty does
not exceed the uncertainty value in
Condition 1, and that the waste meets
Conditions 2 through 4.
7. Sampling and radiological testing
of waste containing SNM must be
performed in accordance with the
following: one sample for each of the
first ten shipments of a waste stream; or
one sample for each of the first 100
cubic yards of waste up to 1,000 cubic
yards of a waste stream, and one sample
for each additional 500 cubic yards of
waste following the first ten shipments
or following the first 1,000 cubic yards
of a waste stream. Sampling and
radiological testing of debris waste
containing SNM (that is exempted from
sampling by the State of Utah) can be
eliminated if the SNM concentration is
lower than one tenth of the limits in
Condition 1. EnergySolutions shall
verify the percent enrichment by
appropriate analytical methods. The
percent enrichment determination shall
be made by taking into account the most
conservative values based on the
measurement uncertainties for the
analytical methods chosen.
8. EnergySolutions shall notify the
NRC, Region IV office within 24 hours
if any of the above conditions are not
met, including if a batch during a
treatment process exceeds the SNM
concentrations of Condition 1. A written
notification of the event must be
provided within 7 days.
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34167
9. EnergySolutions shall obtain NRC
approval prior to changing any activities
associated with the above conditions.
Based on the staff’s evaluation, the
Commission has determined, pursuant
to 10 CFR 70.17(a), that the exemption
of above activities at the
EnergySolutions disposal facility is
authorized by law, and will not
endanger life or property or the common
defense and security and is otherwise in
the public interest. Accordingly, by this
Order, the Commission grants an
exemption subject to the stated
conditions. The exemption will become
effective after the State of Utah has
incorporated the above conditions into
EnergySolutions’ radioactive materials
license. In addition, at that time, the
Order published on August 1, 2005 will
no longer be effective.
Pursuant to the requirements in 10
CFR Part 51, the Commission has
determined that an Environmental
Assessment is not required as the
proposed action (change in company
name) is administrative and therefore
falls within the categorical exclusion
provisions of 10 CFR 51.22(c)(11).
IV. Availability of Documents
Documents related to this action,
including the application for
amendment and supporting
documentation, will be available
electronically at the NRC’s Electronic
Reading Room at https://www.NRC.gov/
reading-rm/adams.html. From this site,
you can access the NRC’s Agencywide
Document Access and Management
System (ADAMS), which provides text
and image files of NRC’s public
documents. The ADAMS accession
number for the document related to this
notice is: EnergySolutions’ March 3,
2006 request (ML060740549).
If you do not have access to ADAMS
or if there are problems in accessing the
documents located in ADAMS, contact
the NRC’s Public Document Room (PDR)
Reference staff at 1–800–397–4209, 301–
415–4737, or by email to pdr@nrc.gov.
These documents may also be viewed
electronically on the public computers
located at the NRC’s PDR, O 1 F21, One
White Flint North, 11555 Rockville
Pike, Rockville, MD 20852. The PDR
reproduction contractor will copy
documents for a fee.
Dated at Rockville, Maryland this 30th day
of May, 2006.
For the Nuclear Regulatory Commission.
Jack R. Strosnider,
Director, Office of Nuclear Material Safety
and Safeguards.
[FR Doc. E6–9181 Filed 6–12–06; 8:45 am]
BILLING CODE 7590–01–P
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]]>Agencies
[Federal Register Volume 71, Number 113 (Tuesday, June 13, 2006)]
[Notices]
[Pages 34165-34167]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-9181]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 40-8989]
In the Matter of EnergySolutions, LLC (formerly Envirocare of
Utah, LLC); Order Modifying Exemption from 10 CFR Part 70
AGENCY: Nuclear Regulatory Commission.
ACTION: Issuance of Order Modifying Exemption from Requirements of 10
CFR part 70.
-----------------------------------------------------------------------
FOR FURTHER INFORMATION CONTACT: James Park, Environmental and
Performance Assessment Directorate, Division of Waste Management and
Environmental Protection, Office of Nuclear Material Safety and
Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001. Telephone: (301) 415-5835, fax number: (301) 415-5397, e-mail:
JRP@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The Nuclear Regulatory Commission (NRC) is issuing an Order
pursuant to section 274f of the Atomic Energy Act to EnergySolutions,
LLC (formerly Envirocare of Utah, LLC) concerning EnergySolutions'
exemption from certain NRC licensing requirements for special nuclear
material. This Order reflects the change in company name from
Envirocare of Utah, LLC to EnergySolutions, LLC.
II. Further Information
EnergySolutions, LLC (EnergySolutions) operates a low-level waste
(LLW) disposal facility in Clive, Utah. This facility is licensed by
the State of Utah, an Agreement State. EnergySolutions also is licensed
by Utah to dispose of mixed waste, hazardous waste, and 11e.(2)
byproduct material (as defined under section 11e.(2) of the Atomic
Energy Act of 1954, as amended). By letter dated March 3, 2006,
EnergySolutions notified the NRC that the company had changed its name
from Envirocare of Utah, LLC and requested that the NRC reflect this
name change in identified NRC staff documents.
Section 70.3 of 10 CFR part 70 requires persons who own, acquire,
deliver, receive, possess, use, or transfer special nuclear material
(SNM) to obtain a license pursuant to the requirements in 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.
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.''
By previous Orders, Envirocare of Utah, LLC was exempted from
certain NRC regulations and was permitted, under specified conditions,
to possess waste containing SNM in greater quantities than specified in
10 CFR part 150, at its LLW disposal facility located in Clive, Utah,
without obtaining an NRC license pursuant to 10 CFR part 70. The first
such Order was published in the Federal Register on May 21, 1999 (64 FR
27826). The most recent revision to this Order was published in the
[[Page 34166]]
Federal Register on August 1, 2005 (70 FR 44123).
The modified Order set forth below reflects the change in company
name from Envirocare of Utah, LLC to EnergySolutions, LLC. No other
substantive changes to the August 1, 2005 Order have been made. The
exemption conditions would be revised as follows.
III. Modified Order
1. For waste with no more than 20 weight percent of materials
listed in Condition 2, concentrations of SNM in individual waste
containers must not exceed the following values at time of receipt:
Table A
------------------------------------------------------------------------
Maximum SNM concentration in waste
containing the described materials (g
SNM/g waste)
--------------------------------------
Maximum of 20
SNM nuclide weight percent of
No materials materials listed
listed in in condition 2
condition 2 and no more than
1 weight percent
of beryllium
------------------------------------------------------------------------
U-235 (>50%) a................... 6.2E-4 5.4E-4
U-235 (=50%)..................... 6.9E-4 6.1E-4
U-235 (=20%)..................... 8.3E-4 7.4E-4
U-235 (=10%)..................... 9.9E-4 8.8E-4
U-235 (=5%)...................... 1.0E-3 9.6E-4
U-235 (=3%)...................... 1.3E-3 1.1E-3
U-235 (=2%)...................... 1.7E-3 1.5E-3
U-235 (=1.5%).................... 2.3E-3 2.1E-3
U-235 (=1.35%)................... 2.8E-3 2.5E-3
U-235 (=1.2%).................... 3.5E-3 3.2E-3
U-235 (=1.1%).................... 4.5E-3 4.2E-3
U-235 (=1.05%)................... 5.0E-3 4.8E-3
U-233............................ 4.7E-4 4.3E-4
Pu-239........................... 2.8E-4 2.6E-4
Pu-241........................... 2.2E-4 1.9E-4
------------------------------------------------------------------------
Percentage value refers to weight percent enrichment in U-235. For
enrichments that fall between identified values in the table, the
higher value is the applicable value (e.g., for an enrichment of 14
weight percent U-235, the applicable concentration limit is that for
20 weight percent U-235).
For waste with more than 20 weight percent of materials listed in
Condition 2, concentrations of SNM in individual waste containers must
not exceed the following values at time of receipt:
Table B
------------------------------------------------------------------------
Maximum SNM concentration in waste
containing the described materials (g
SNM/g waste)
--------------------------------------
Radionuclide Unlimited
Unlimited quantities of
quantities of materials listed
materials listed in conditions 2
in condition 2 and 3
------------------------------------------------------------------------
U-235 (>50%)..................... 3.4E-4 1.2E-5
U-235............................ N/A 3.1E-4 a
U-233............................ 2.9E-4 1.1E-5
Pu-239........................... 1.7E-4 7.5E-6
Pu-241........................... 1.3E-4 5.3E-6
------------------------------------------------------------------------
a For uranium at any enrichment with sum of materials listed in
Condition 2 and beryllium not exceeding 45 percent of the weight of
the waste.
Plutonium isotopes other than Pu-239 and Pu-241 do not need to be
considered in demonstrating compliance with this condition. When
mixtures of these SNM isotopes are present in the waste, the sum-of-
the-fractions rule, as illustrated below, should be used.
The concentration values in Condition 1 are operational values to
ensure criticality safety. Where the values in Condition 1 exceed
concentration values in the corresponding conditions of the State of
Utah Radioactive Material License (RML), the concentration values in
the RML, which are averaged over the container, may not be exceeded.
Higher concentration values are included in Condition 1 to be used in
establishing the maximum mass of SNM for non-homogeneous solid waste
and liquid waste.
The measurement uncertainty values should be no more than 15
percent of the concentration limit, and represent the maximum one-sigma
uncertainty associated with the measurement of the concentration of the
particular radionuclide. When determining the applicable U-235
concentration limit for a specific enrichment percentage, the
analytical uncertainty shall be added to the result (e.g., for a
measurement value of U-235 enrichment percentage of 1.1 +/-0.2, the U-
235 concentration limit corresponding to an enrichment percent of 1.35
shall be used). This shall be applied to analytical methods employed by
the generator prior to receipt and by EnergySolutions upon receipt.
The SNM must be homogeneously distributed throughout the waste. If
the SNM is not homogeneously distributed, then the limiting
concentrations must not be exceeded on average in any contiguous mass
of 600 kilograms of waste.
Liquid waste may be stabilized provided the SNM concentration does
not exceed the SNM concentration limits in Condition 1. For containers
of liquid waste with more than 600 kilograms of waste, the total mass
of SNM shall not exceed the SNM concentration in Condition 1 times 600
kilograms of waste. Waste containing free liquids and solids shall be
mixed prior to treatment. Any solids shall be maintained in a suspended
state during transfer and treatment.
2. Except as allowed by Tables A and B in Condition 1, waste must
not contain ``pure forms'' of chemicals containing carbon, fluorine,
magnesium, or bismuth in bulk quantities (e.g., a pallet of drums, a B-
25 box). By ``pure forms,'' it is meant that mixtures of the above
elements, such as magnesium oxide, magnesium carbonate, magnesium
fluoride, bismuth oxide, etc., do not contain other elements. These
chemicals would be added to the waste stream during processing, such as
at fuel facilities or treatment such as at mixed waste treatment
facilities. The presence of the above materials will be determined by
the generator, based on process knowledge or testing.
3. Except as allowed by Tables A and B in Condition 1, waste
accepted must 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 by the generator, based on process
knowledge, physical observations, or testing. 4 Waste packages must not
contain highly water soluble forms of uranium greater than 350 grams of
uranium-235 or 200 grams of uranium-233. The sum of the fractions rule
will apply for mixtures of U-233 and U-235. Highly soluble forms of
uranium include, but are not limited to: Uranium sulfate, uranyl
acetate, uranyl chloride, uranyl formate, uranyl fluoride, uranyl
nitrate, uranyl potassium carbonate, and uranyl sulfate. The presence
of the above materials will be determined by the generator, based on
process knowledge or testing.
5. Waste processing of waste containing SNM will be limited to
stabilization (mixing waste with reagents), micro-encapsulation and
macro-encapsulation using low-density and high-density polyethylene,
macro-encapsulation with cement grout, spray-washing, organic
destruction (CerOx process and Solvent Electron Technology process),
and thermal desorption.
[[Page 34167]]
EnergySolutions shall confirm that the SNM concentration in the
rinse water does not exceed the limits in Condition 1 following spray-
washing, prior to further treatment. If the rinse water is evaporated,
the evaporated product shall comply with the requirements in Condition
1. EnergySolutions shall perform sampling and analysis of the liquid
effluent collection system at a frequency of one sample per 300 gallons
or when the system reaches capacity, whichever is less.
EnergySolutions shall track the SNM mass of waste treated using the
CerOx process. When the total concentration of SNM is 85 percent of the
sum of the fraction rule in Condition 1, EnergySolutions shall confirm
the SNM concentration in the phase reactor tank and replace the
solutions. The 10 percent enriched limit shall be used for uranium-235.
The contents of the phase reactor tank should be solidified prior to
disposal.
When waste is processed using the thermal desorption process and
the Solvent Electron Technology process, EnergySolutions shall confirm
the SNM concentration following processing and prior to returning the
waste to temporary storage.
6. EnergySolutions shall require generators to provide the
following information for each waste stream:
Pre-shipment
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.
Uniformity Description. A description of the process by which the
waste was generated showing that the spatial distribution of SNM must
be uniform, or other information supporting spatial distribution.
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.
EnergySolutions 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 EnergySolutions 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, EnergySolutions
shall review this information and determine when testing is required to
provide additional information in assuring compliance with the
Conditions. EnergySolutions shall retain this information as required
by the State of Utah to permit independent review.
At Receipt
EnergySolutions 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, that the measurement uncertainty does not exceed the
uncertainty value in Condition 1, and that the waste meets Conditions 2
through 4.
7. Sampling and radiological testing of waste containing SNM must
be performed in accordance with the following: one sample for each of
the first ten shipments of a waste stream; or one sample for each of
the first 100 cubic yards of waste up to 1,000 cubic yards of a waste
stream, and one sample for each additional 500 cubic yards of waste
following the first ten shipments or following the first 1,000 cubic
yards of a waste stream. Sampling and radiological testing of debris
waste containing SNM (that is exempted from sampling by the State of
Utah) can be eliminated if the SNM concentration is lower than one
tenth of the limits in Condition 1. EnergySolutions shall verify the
percent enrichment by appropriate analytical methods. The percent
enrichment determination shall be made by taking into account the most
conservative values based on the measurement uncertainties for the
analytical methods chosen.
8. EnergySolutions shall notify the NRC, Region IV office within 24
hours if any of the above conditions are not met, including if a batch
during a treatment process exceeds the SNM concentrations of Condition
1. A written notification of the event must be provided within 7 days.
9. EnergySolutions shall obtain NRC approval prior to changing any
activities associated with the above conditions.
Based on the staff's evaluation, the Commission has determined,
pursuant to 10 CFR 70.17(a), that the exemption of above activities at
the EnergySolutions disposal facility is authorized by law, and will
not endanger life or property or the common defense and security and is
otherwise in the public interest. Accordingly, by this Order, the
Commission grants an exemption subject to the stated conditions. The
exemption will become effective after the State of Utah has
incorporated the above conditions into EnergySolutions' radioactive
materials license. In addition, at that time, the Order published on
August 1, 2005 will no longer be effective.
Pursuant to the requirements in 10 CFR Part 51, the Commission has
determined that an Environmental Assessment is not required as the
proposed action (change in company name) is administrative and
therefore falls within the categorical exclusion provisions of 10 CFR
51.22(c)(11).
IV. Availability of Documents
Documents related to this action, including the application for
amendment and supporting documentation, will be available
electronically at the NRC's Electronic Reading Room at https://
www.NRC.gov/reading-rm/adams.html. From this site, you can access the
NRC's Agencywide Document Access and Management System (ADAMS), which
provides text and image files of NRC's public documents. The ADAMS
accession number for the document related to this notice is:
EnergySolutions' March 3, 2006 request (ML060740549).
If you do not have access to ADAMS or if there are problems in
accessing the documents located in ADAMS, contact the NRC's Public
Document Room (PDR) Reference staff at 1-800-397-4209, 301-415-4737, or
by email to pdr@nrc.gov.
These documents may also be viewed electronically on the public
computers located at the NRC's PDR, O 1 F21, One White Flint North,
11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction
contractor will copy documents for a fee.
Dated at Rockville, Maryland this 30th day of May, 2006.
For the Nuclear Regulatory Commission.
Jack R. Strosnider,
Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. E6-9181 Filed 6-12-06; 8:45 am]
BILLING CODE 7590-01-P
