In the Matter of EnergySolutions, LLC (formerly Envirocare of Utah, LLC) Order Modifying Exemption from 10 CFR Part 70, 34168-34170 [E6-9247]
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34168
Federal Register / Vol. 71, No. 113 / Tuesday, June 13, 2006 / Notices
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
Nuclear Regulatory
Commission.
ACTION: Issuance of Order Modifying
Exemption from Requirements of 10
CFR part 70.
AGENCY:
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:
jlentini on PROD1PC65 with NOTICES
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
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17:34 Jun 12, 2006
Jkt 208001
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
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—Continued
Maximum SNM concentration in waste containing the
described materials (g
SNM/g waste)
No materials
listed in Condition 2
SNM Nuclide
No materials
listed in Condition 2
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%).
PO 00000
Frm 00117
Maximum of
20 weight
percent of
materials listed in Condition 2 and no
more than 1
weight percent of beryllium
6.2E–4 .........
5.4E–4
6.9E–4
8.3E–4
9.9E–4
1.0E–3
1.3E–3
1.7E–3
2.3E–3
6.1E–4
7.4E–4
8.8E–4
9.6E–4
1.1E–3
1.5E–3
2.1E–3
Fmt 4703
.........
.........
.........
.........
.........
.........
.........
Sfmt 4703
2.8E–3 .........
2.5E–3
3.5E–3 .........
3.2E–3
4.5E–3 .........
4.2E–3
5.0E–3 .........
4.8E–3
4.7E–4 .........
2.8E–4 .........
2.2E–4 .........
4.3E–4
2.6E–4
1.9E–4
SNM Nuclide
U–235
(=1.35%).
U–235
(=1.2%).
U–235
(=1.1%).
U–235
(=1.05%).
U–233 ............
Pu–239 ..........
Pu–241 ..........
a 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)
TABLE A
Maximum SNM concentration in waste containing the
described materials (g
SNM/g waste)
Maximum of
20 weight
percent of
materials listed in Condition 2 and no
more than 1
weight percent of beryllium
Radionuclide
Unlimited
quantities of
materials listed in Condition 2
Unlimited
quantities of
materials listed in Conditions 2 and 3
U–235 (>50%)
U–235 ............
U–233 ............
Pu–239 ..........
Pu–241 ..........
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.
E:\FR\FM\13JNN1.SGM
13JNN1
Federal Register / Vol. 71, No. 113 / Tuesday, June 13, 2006 / Notices
34169
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
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,
VerDate Aug<31>2005
17:34 Jun 12, 2006
Jkt 208001
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.
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
PO 00000
Frm 00118
Fmt 4703
Sfmt 4703
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
E:\FR\FM\13JNN1.SGM
13JNN1
EN13JN06.021</MATH>
jlentini on PROD1PC65 with NOTICES
U-233 conc 100 wt % U-235 conc 10 wt % U-235 conc Pu-239 conc Pu-241 conc
+
+
+
+
≤1
U-233 limit 100 wt % U-235 limit 10 wt % U-235 limit Pu-239 limit Pu-241 limit
34170
Federal Register / Vol. 71, No. 113 / Tuesday, June 13, 2006 / Notices
jlentini on PROD1PC65 with NOTICES
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
VerDate Aug<31>2005
17:34 Jun 12, 2006
Jkt 208001
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 e-mail 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. E6–9247 Filed 6–12–06; 8:45 am]
Safety and Licensing Board is being
established to preside over the following
proceeding: Entergy Nuclear Operations,
Inc. (Pilgrim Nuclear Power Station).
A Licensing Board is being
established pursuant to a March 21,
2006 notice of opportunity for hearing
(71 FR 6101 (March 27, 2006)) to
consider the respective May 25 and May
26, 2006 requests of Pilgrim Watch and
the Massachusetts Attorney General
challenging the January 25, 2006
application for renewal of Operating
License No. DPR–35, which authorizes
Entergy Nuclear Operations, Inc.
(Entergy), to operate the Pilgrim Nuclear
Power Station at 2028 megawatts (Mwt)
thermal. The Entergy Nuclear
Operations, Inc. renewal application
seeks to extend the current operating
license for the facility, which expires on
June 8, 2012, for an additional twenty
years.
The Board is comprised of the
following administrative judges:
Ann Marshall Young, Chair, Atomic
Safety and Licensing Board Panel,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001.
Richard F. Cole, Atomic Safety and
Licensing Board Panel, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001.
Nicholas G. Trikouros, Atomic Safety
and Licensing Board Panel, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001.
All correspondence, documents, and
other materials shall be filed with the
administrative judges in accordance
with 10 CFR 2.302.
Issued at Rockville, Maryland, this 7th day
of June 2006.
G. Paul Bollwerk, III,
Chief Administrative Judge, Atomic Safety
and Licensing Board Panel.
[FR Doc. E6–9180 Filed 6–12–06; 8:45 am]
BILLING CODE 7590–01–P
BILLING CODE 7590–01–P
SECURITIES AND EXCHANGE
COMMISSION
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–293–LR; ASLBP No. 06–
848–02–LR]
Entergy Nuclear Operations, Inc.;
Establishment of Atomic Safety and
Licensing Board
Pursuant to delegation by the
Commission dated December 29, 1972,
published in the Federal Register, 37 FR
28,710 (1972), and the Commission’s
regulations, see 10 CFR 2.104, 2.300,
2.303, 2.309, 2.311, 2.318, and 2.321,
notice is hereby given that an Atomic
PO 00000
Frm 00119
Fmt 4703
Sfmt 4703
Submission for OMB Review;
Comment Request
Upon Written Request, Copies Available
From: Securities and Exchange
Commission, Office of Filings and
Information Services, Washington, DC
20549.
Extension:
Regulation S–P; OMB Control No. 3235–
0537; and SEC File No. 270–480.
Notice is hereby given that pursuant
to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.), the Securities
E:\FR\FM\13JNN1.SGM
13JNN1
]]>Agencies
[Federal Register Volume 71, Number 113 (Tuesday, June 13, 2006)]
[Notices]
[Pages 34168-34170]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-9247]
[[Page 34168]]
-----------------------------------------------------------------------
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
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
materials listed
No materials listed in Condition 2 and
in Condition 2 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
------------------------------------------------------------------------
\a\ 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 in Conditions 2
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.
[[Page 34169]]
[GRAPHIC] [TIFF OMITTED] TN13JN06.021
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.
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
[[Page 34170]]
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 e-mail 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. E6-9247 Filed 6-12-06; 8:45 am]
BILLING CODE 7590-01-P
