In the Matter of Waste Control Specialists, LLC; Order Modifying Exemption, 55071-55074 [E9-25662]
Download as PDF
<![CDATA[
Federal Register / Vol. 74, No. 205 / Monday, October 26, 2009 / Notices
contacting the identified DFO.
Moreover, in view of the possibility that
the schedule for ACRS meetings may be
adjusted by the Chairman as necessary
to facilitate the conduct of the meeting,
persons planning to attend should check
with these references if such
rescheduling would result in major
inconvenience.
Dated: October 19, 2009.
Antonio Dias,
Chief, Reactor Safety Branch B, Advisory
Committee on Reactor Safeguards.
[FR Doc. E9–25657 Filed 10–23–09; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
mstockstill on DSKH9S0YB1PROD with NOTICES
Advisory Committee on Reactor
Safeguards (ACRS); Meeting of the
ACRS Subcommittee on AP1000;
Notice of Meeting
The ACRS Subcommittee on the
AP1000 will hold a meeting on
November 19–20, 2009, 11545 Rockville
Pike, Room T2–B3, Rockville, Maryland.
The meeting will be open to public
attendance.
The proposed agenda for the subject
meeting is as follows:
Thursday, November 19, 2009–8:30
a.m.–5 p.m.
Friday, November 20, 2009–8:30
a.m.–5 pm.
The Subcommittee will review
selected chapters of the Draft Safety
Evaluation Report associated with the
amendment to the Westinghouse
AP1000 Design Certification Document.
The Subcommittee will hear
presentations by and hold discussions
with both Westinghouse and NRC staff
representatives regarding this matter.
The Subcommittee will gather
information, analyze relevant issues and
facts, and formulate proposed positions
and actions, as appropriate, for
deliberation by the Full Committee.
Members of the public desiring to
provide oral statements and/or written
comments should notify the Designated
Federal Official (DFO), Mr. Michael Lee,
(Telephone 301–415–6887, E-mail:
Mike.Lee@nrc.gov) five days prior to the
meeting, if possible, so that appropriate
arrangements can be made. Thirty-five
hard copies of each presentation or
handout should be provided to the DFO
thirty minutes before the meeting. In
addition, one electronic copy of each
presentation should be e-mailed to the
DFO one day before meeting. If an
electronic copy cannot be provided
within this timeframe, presenters
should provide the DFO with a compact
disk containing each presentation at
VerDate Nov<24>2008
15:19 Oct 23, 2009
Jkt 220001
least 30 minutes before the meeting.
Electronic recordings will be permitted
only during those portions of the
meeting that are open to the public.
Detailed procedures for the conduct of
and participation in ACRS meetings
were published in the Federal Register
on October 14, 2009 (74 FR 58268–
58269)
Detailed ACRS meeting agendas and
meeting transcripts are available on the
NRC Web site at https://www.nrc.gov/
reading-rm/doc-collections/acrs/.
Information regarding topics to be
discussed, changes to the agenda,
whether the meeting has been canceled
or rescheduled, and the time allotted to
present oral statements can be obtained
from the Web site cited above or by
contacting the identified DFO.
Moreover, in view of the possibility that
the schedule for ACRS meetings may be
adjusted by the Chairman as necessary
to facilitate the conduct of the meeting,
persons planning to attend should check
with these references if such
rescheduling would result in major
inconvenience.
Dated: October 19, 2009.
Antonio F. Dias,
Chief, Reactor Safety Branch B, Advisory
Committee on Reactor Safeguards.
[FR Doc. E9–25730 Filed 10–23–09; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
Advisory Committee on Reactor
Safeguards (ACRS) Meeting of The
ACRS Subcommittee on Reliability and
Probabilistic Risk Assessment; Notice
of Meeting
The ACRS Subcommittee on
Reliability and Probabilistic Risk
Assessment (PRA) will hold a meeting
on November 12, 2009, Room T2–B3,
11545 Rockville Pike, Rockville,
Maryland.
The entire meeting will be open to
public attendance.
The agenda for the subject meeting
shall be as follows:
Thursday, November 12, 2009—8:30
a.m.–5 p.m.
The Subcommittee will review NRC’s
proposed policy statement on safety
culture and experience with treatment
of safety culture in the reactor oversight
process. The Subcommittee will hear
presentations by and hold discussions
with representatives of the NRC staff
and other interested persons regarding
these matters. The Subcommittee will
gather information, analyze relevant
issues and facts, and formulate
proposed positions and actions, as
PO 00000
Frm 00122
Fmt 4703
Sfmt 4703
55071
appropriate, for deliberation by the full
Committee.
Members of the public desiring to
provide oral statements and/or written
comments should notify the Designated
Federal Official (DFO), Dr. John H. Flack
(Telephone: 301–415–0426, E-mail:
John.Flack@nrc.gov) five days prior to
the meeting, if possible, so that
appropriate arrangements can be made.
Thirty-five hard copies of each
presentation or handout should be
provided to the DFO thirty minutes
before the meeting. In addition, one
electronic copy of each presentation
should be emailed to the DFO one day
before meeting. If an electronic copy
cannot be provided within this
timeframe, presenters should provide
the DFO with a CD containing each
presentation at least 30 minutes before
the meeting. Electronic recordings will
be permitted only during those portions
of the meeting that are open to the
public. Detailed procedures for the
conduct of and participation in ACRS
meetings were published in the Federal
Register on October 14, 2009, (74 FR
58268–58269).
Detailed meeting agendas and meeting
transcripts are available on the NRC
Web site at https://www.nrc.gov/readingrm/doc-collections/acrs. Information
regarding topics to be discussed,
changes to the agenda, whether the
meeting has been canceled or
rescheduled, and the time allotted to
present oral statements can be obtained
from the Web site cited above or by
contacting the identified DFO.
Moreover, in view of the possibility that
the schedule for ACRS meetings may be
adjusted by the Chairman as necessary
to facilitate the conduct of the meeting,
persons planning to attend should check
with these references if such
rescheduling would result in major
inconvenience.
Dated: October 19, 2009.
Cayetano Santos,
Chief, Reactor Safety Branch A, Advisory
Committee on Reactor Safeguards.
[FR Doc. E9–25729 Filed 10–23–09; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 70–7005; NRC–2009–0283]
In the Matter of Waste Control
Specialists, LLC; Order Modifying
Exemption
AGENCY: U.S. Nuclear Regulatory
Commission.
ACTION: Issuance of Order To Modify
Waste Control Specialists, LLC’s
E:\FR\FM\26OCN1.SGM
26OCN1
55072
Federal Register / Vol. 74, No. 205 / Monday, October 26, 2009 / Notices
Exemption from Requirements of 10
CFR part 70.
FOR FURTHER INFORMATION CONTACT:
Nishka Devaser, Environmental
Protection and Performance Assessment
Directorate, Division of Waste
Management and Environmental
Protection, Office of Federal and State
Materials and Environmental
Management Programs, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001. Telephone: (301) 415–
5196, fax number: (301) 415–5397; email: Nishka.Devaser@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
Pursuant to 10 CFR 2.106, the Nuclear
Regulatory Commission (NRC) is
providing notice in the Matter of Waste
Control Specialists, LLC (WCS) of the
issuance of an order to modify WCS’s
exemption from the requirements of 10
CFR part 70.
II. Further Information
I.
WCS operates a facility in Andrews
County, Texas, that is currently licensed
to process and store certain types of
low-level waste (LLW) and mixed waste
(MW), and dispose of hazardous and
toxic waste. Texas is an Agreement
State. On November 30, 1997, this
facility was licensed by the State of
Texas Department of Health (TDH)
under a 10 CFR part 30 equivalent
radioactive materials license to possess,
treat, and store LLW (R04971). License
R04971 is currently under the
jurisdiction of the Texas Commission on
Environmental Quality (TCEQ). The
facility is also licensed by the TCEQ to
treat and dispose of hazardous waste. 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 TDH for
treatment and storage of MW and LLW.
The MW and LLW streams may contain
quantities of special nuclear material
(SNM). On May 29, 2008, the TCEQ
issued a license to WCS that authorizes
WCS to receive and dispose of
byproduct material as defined in Title
25 of the Texas Administrative Code,
Section 289.260(c)(4). On January 14,
2009, the TCEQ denied hearing requests
and issued an order which allows a
license to be granted for disposal of
LLW after the applicant demonstrates
ownership of all mineral rights. The
order provides that a license may not be
issued, signed or granted until such
demonstration is made.
Section 70.3 of 10 CFR part 70
requires persons who own, acquire,
deliver, receive, possess, use, or transfer
SNM to obtain a license pursuant to the
requirements of 10 CFR part 70. 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.’’
In September 2000, WCS requested an
exemption from the licensing
requirements in 10 CFR part 70. On
November 21, 2001, the NRC
transmitted an Order to WCS 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
WCS’s storage and treatment facility in
Andrews County, Texas, without
obtaining an NRC license pursuant to 10
CFR part 70. The NRC exemption
applies only to activities authorized by
TCEQ License R04971. The Order was
published in the Federal Register on
November 15, 2001 (66 FR 57489). The
conditions specified in the Order are
discussed in the November 2001 Safety
Evaluation Report (SER) that supported
the 2001 Order.
By letters dated August 6, 2003, and
March 14, 2004, Waste Control
Specialists LLC (WCS) requested an
amendment to its exemption, which
would allow it to use additional
reagents for chemical stabilization of
mixed waste containing SNM. The NRC
transmitted the revised Order to WCS
on November 4, 2004. The Order was
published in the Federal Register on
November 12, 2004 (69 FR 65468). The
modified conditions specified in the
Order are discussed in the August 2004
Safety Evaluation Report (SER) that
supported the 2004 Order.
In a letter dated December 10, 2007,
WCS requested additional modifications
to its exemption from certain NRC
regulations relative to the possession of
SNM that is authorized by its TCEQ
License R04971. By letter dated January
22, 2008, NRC acknowledged WCS’
request.
WCS’ letter dated December 10, 2007,
and NRC’s acknowledgement dated
January 22, 2008, are available at NRC’s
Electronic Reading Room at https://
www.nrc.gov/reading-rm/adams.html.
NRC’s Agencywide Document Access
and Management System (ADAMS) is
available at this Web site. The ADAMS
accession numbers for the December 10,
2007, and January 22, 2008, letters are:
Document description
Accession No.
mstockstill on DSKH9S0YB1PROD with NOTICES
December 10, 2007, WCS request for modification of the Order ...................................................................................................
January 22, 2008, NRC acknowledgement of WCS request ..........................................................................................................
II.
The NRC staff considers that the
appropriate action is to grant WCS’s
exemption request, with additional
modifications. Currently, WCS is
exempted from the requirements of 10
CFR Part 70, including the requirements
for an NRC license in 10 CFR 70.3, for
activities authorized by TCEQ License
R04971. This modification specifically
would allow WCS to: Discontinue
confirmation sampling upon receipt of
waste that WCS verifies is adequately
VerDate Nov<24>2008
15:19 Oct 23, 2009
Jkt 220001
characterized by a generator to be
uniform and which contains less than
one-tenth of the SNM concentration
limits presented in Condition 1; and to
discontinue confirmatory sampling
requirements of Condition 7 of the
Order for sealed sources. By letter dated
January 22, 2008, NRC informed WCS
that it would clarify Condition 2, which
states that waste must not contain ‘‘pure
forms’’ of chemicals containing carbon,
fluorine, magnesium, or bismuth in bulk
quantities. NRC is also clarifying
PO 00000
Frm 00123
Fmt 4703
Sfmt 4703
ML073550638
ML080150622
requirements for spatial uniformity of
SNM concentrations in waste. The NRC
is also revising Condition 4 of the Order,
which currently limits the amount of
highly water soluble SNM in each
package, to address security concerns
raised by the NRC staff during its
review. Therefore, WCS’s exemption is
modified as follows:
1. Concentrations of SNM in
individual waste containers and/or
during processing shall not exceed the
following values:
E:\FR\FM\26OCN1.SGM
26OCN1
55073
Federal Register / Vol. 74, No. 205 / Monday, October 26, 2009 / Notices
Operational limit
(gram SNM/gram
waste)
Measurement
uncertainty
(gram SNM/gram
waste)
4.7E–04
9.9E–04
6.2E–04
2.8E–04
2.2E–04
SNM Isotope
7.1E–05
1.5E–04
9.3E–05
4.2E–05
3.2E–05
U-233 ...............................................................................................................................................................
U-235 (10 percent enriched) ...........................................................................................................................
U-235 (100 percent enriched) .........................................................................................................................
Pu-239 .............................................................................................................................................................
Pu-241 .............................................................................................................................................................
When mixtures of these SNM isotopes
are present in the waste, the sum-of-the-
fractions rule, as illustrated below, shall
be used.
U-233 conc 100 wt%U-235 conc 10wt%U-235 conc Pu-239 conc Pu-241 conc
+
+
+
+
≤ 1
U-233 limit 100 wt%U-235 limit 10wt%U-235 limit Pu-239 limit Pu-241 limit
concentration of the particular
radionuclide.
The SNM must be uniformly
distributed throughout the waste, such
that the limiting concentrations must
not be exceeded on average in any
contiguous mass of 600 kilograms.
2. The mass concentration of carbon,
fluorine, and bismuth in the waste must
be limited as follows:
SNM Isotope
Carbon
mstockstill on DSKH9S0YB1PROD with NOTICES
U-233 ..................................................................................................................................................
U-235(10) ............................................................................................................................................
U-235(100) ..........................................................................................................................................
Pu-239 .................................................................................................................................................
Pu-241 .................................................................................................................................................
For waste containing mixtures of C, F,
and Bi, the sum of the weight fractions
of C, F, and Bi shall be compared to the
most restrictive maximum allowable
weight fractions for any one of those
elements. Similarly, where mixtures of
radionuclides are present in the waste,
the limiting maximum allowable weight
fraction of C, F, and Bi shall be applied.
The presence of the above materials
will be determined and documented by
the generator, based on process
knowledge or testing.
3. Waste accepted shall 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 and
documented by the generator, based on
process knowledge, or testing.
4. Possession of highly water soluble
forms of SNM shall not exceed the
amount of SNM of low strategic
significance defined in 10 CFR 73.2.
Highly soluble forms of SNM include,
but are not limited to: uranium sulfate,
uranyl acetate, uranyl chloride, uranyl
formate, uranyl fluoride, uranyl nitrate,
uranyl potassium carbonate, uranyl
sulfate, plutonium chloride, plutonium
fluoride, and plutonium nitrate. The
presence of the above materials will be
VerDate Nov<24>2008
15:19 Oct 23, 2009
Jkt 220001
determined and documented by the
generator, based on process knowledge
or testing.
5. Processing of mixed waste
containing SNM will be limited to
chemical stabilization (i.e., mixing
waste with reagents). For batches with
more than 600 kilograms of waste, the
total mass of SNM shall not exceed the
concentration limits in Condition 1
times 600 kilograms of waste.
6. Prior to shipment of waste, WCS
shall require generators to provide a
written certification containing the
following information for each waste
stream:
a. Waste Description. The description
must detail how the waste was
generated, list the physical forms in the
waste, and identify uranium chemical
composition.
b. 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.
c. Uniformity Description. A
description of the process by which the
waste was generated showing that the
PO 00000
Frm 00124
Fmt 4703
Sfmt 4703
28
25
41
43
37
wt%
wt%
wt%
wt%
wt%
........
........
........
........
........
Fluorine
34
35
42
43
39
wt%
wt%
wt%
wt%
wt%
........
........
........
........
........
Bismuth
34
31
33
34
32
wt%.
wt%.
wt%.
wt%.
wt%.
spatial distribution of SNM is
homogeneous or other information
supporting spatial homogeneity.
d. 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.
WCS 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 WCS 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, WCS shall
review this information and determine
when testing is required to provide
additional information in assuring
compliance with the Conditions. WCS
shall retain this information as required
E:\FR\FM\26OCN1.SGM
26OCN1
EN26OC09.000</MATH>
The measurement uncertainty values
in column 3 above represent the
maximum one-sigma uncertainty
associated with the measurement of the
55074
Federal Register / Vol. 74, No. 205 / Monday, October 26, 2009 / Notices
by the State of Texas to permit
independent review.
At the time waste is received, WCS
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,
and that the waste meets Conditions 2
through 4.
WCS shall require generators to
sample and determine the SNM
concentration for each waste stream, not
to include sealed sources, at a frequency
of once per 600 kg if the concentrations
are above one tenth the SNM limits of
Condition 1. The measurement
uncertainty shall not exceed the
uncertainty value in Condition 1 and
shall be provided on the written
certification.
7. WCS shall sample and determine
the SNM concentration for each waste
stream, not to include sealed sources, at
a frequency of once per 600 kg if the
concentrations are above one tenth the
SNM limits of Condition 1. This
confirmatory testing is not required for
waste to be disposed of at DOE’s WIPP
facility.
8. WCS shall notify the NRC, Region
IV office within 24 hours if any of the
above Conditions are violated. A written
notification of the event must be
provided within 7 days.
9. WCS shall obtain NRC approval
prior to changing any activities
associated with the above Conditions.
mstockstill on DSKH9S0YB1PROD with NOTICES
III.
Based on the staff’s evaluation, the
Commission has determined, pursuant
to 10 CFR 70.17(a), that the exemption
as described above at the WCS facility
is authorized by law, 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 hereby grants
this exemption subject to the above
conditions. The exemption will become
effective after the State of Texas has
incorporated the above conditions into
WCS’s RML.
Pursuant to the requirements in 10
CFR part 51, the Commission has
published an Environmental
Assessment for the proposed action
wherein it has determined that the
granting of this exemption will have no
significant impacts on the quality of the
human environment. This finding was
noticed in the Federal Register on
October 15, 2009 (74 FR 52981–52985).
Dated at Rockville, Maryland this 20th day
of October 2009.
VerDate Nov<24>2008
15:19 Oct 23, 2009
Jkt 220001
For the U.S. Nuclear Regulatory
Commission.
Larry W. Camper,
Division Director, Division of Waste
Management and Environmental Protection,
Office of Federal and State Materials and
Environmental Management Programs.
[FR Doc. E9–25662 Filed 10–23–09; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2009–0465]
Withdrawal of Regulatory Guides 4.5
and 4.6
AGENCY: Nuclear Regulatory
Commission.
ACTION: Withdrawal of Regulatory
Guides 4.5, ‘‘Measurements of
Radionuclides in the Environment—
Sampling and Analysis of Plutonium in
Soil’’ and 4.6, ‘‘Measurements of
Radionuclides in the Environment—
Strontium-89 and Strontium-90
Analysis.’’
FOR FURTHER INFORMATION CONTACT:
George Powers, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, telephone: 301–251–7449 or email George.Powers@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory
Commission (NRC) is withdrawing
Regulatory Guide (RG) 4.5,
‘‘Measurements of Radionuclides in the
Environment—Sampling and Analysis
of Plutonium in Soil,’’ and RG 4.6,
‘‘Measurements of Radionuclides in the
Environment—Strontium-89 and
Strontium-90 Analysis.’’ Both of these
guides were published in May 1974.
These regulatory guides provide
prescriptive guidance to licensees and
applicants on the sampling and
laboratory analysis of Strontium and
Plutonium. The guides provided
guidance on compliance with a
provision in 10 CFR Part 20, ‘‘Standards
for Protection against Radiation.’’ That
provision, 10 CFR 20.106,
‘‘Concentrations in Effluents to
Unrestricted Areas,’’ was deleted, and
that subject matter is addressed in a new
section, 10 CFR 20.1302.
‘‘Compliance with dose limits for
individual members of the public.’’
Paragraphs (a) and (b) of 20.1302
contain the effluent standards and
allowable radionuclide concentrations
in effluent releases.
Updated performance based guidance
for the measurement of plutonium (Pu),
strontium-89 (Sr89), and strontium-90
PO 00000
Frm 00125
Fmt 4703
Sfmt 4703
(Sr90) is now provided through
Regulatory Guide 4.15, ‘‘Quality
Assurance for Radiological Monitoring
Programs (Inception through Normal
Operations to License Termination)—
Effluent Streams and the Environment,’’
published July 2007. This guidance
references NUREG–1576, ‘‘MultiAgency Radiological Laboratory
Analytical Protocols Manual
(MARLAP),’’ published in July 2004.
MARLAP provides analytical detail for
measurement of Pu, Sr89, and Sr90
which includes methods described in
RG 4.5 and 4.6 and more recent methods
and procedures that are also acceptable
to the staff. NUREG–1576 is available
electronically through the NRC’s
Agencywide Documents Access and
Management System at https://
www.nrc.gov/reading-rm/adams.html,
under Accession No. ML060930645.
II. Further Information
The withdrawal of RGs 4.5 and 4.6
does not alter any prior or existing
licensing commitments or conditions
based on their use. The guidance
provided in these regulatory guides is
neither necessary nor current.
Regulatory guides may be withdrawn
when their guidance is superseded by
congressional action or no longer
provides useful information.
Regulatory guides are available for
inspection or downloading through the
NRC’s public Web site under
‘‘Regulatory Guides’’ in the NRC’s
Electronic Reading Room at: https://
www.nrc.gov/reading-rm/
doc-collections.
In addition, regulatory guides are also
available for inspection at the NRC’s
Public Document Room (PDR), Room O–
1 F21, One White Flint North, 11555
Rockville Pike, Rockville, MD 20852–
2738. The PDR’s mailing address is US
NRC PDR, Washington, DC 20555–0001.
You can reach the PDR staff by
telephone at 301–415–4737 or 800–397–
4209, by fax at 301–415–3548, and by email to pdr.resource@nrc.gov.
Regulatory guides are not
copyrighted, and Commission approval
is not required to reproduce them.
Dated at Rockville, Maryland, this 13th day
of October, 2009.
For the Nuclear Regulatory Commission.
Andrea D. Valentin,
Chief, Regulatory Guide Development Branch,
Division of Engineering, Office of Nuclear
Regulatory Research.
[FR Doc. E9–25659 Filed 10–23–09; 8:45 am]
BILLING CODE 7590–01–P
E:\FR\FM\26OCN1.SGM
26OCN1
]]>Agencies
[Federal Register Volume 74, Number 205 (Monday, October 26, 2009)]
[Notices]
[Pages 55071-55074]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-25662]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 70-7005; NRC-2009-0283]
In the Matter of Waste Control Specialists, LLC; Order Modifying
Exemption
AGENCY: U.S. Nuclear Regulatory Commission.
ACTION: Issuance of Order To Modify Waste Control Specialists, LLC's
[[Page 55072]]
Exemption from Requirements of 10 CFR part 70.
-----------------------------------------------------------------------
FOR FURTHER INFORMATION CONTACT: Nishka Devaser, Environmental
Protection and Performance Assessment Directorate, Division of Waste
Management and Environmental Protection, Office of Federal and State
Materials and Environmental Management Programs, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001. Telephone: (301) 415-
5196, fax number: (301) 415-5397; e-mail: Nishka.Devaser@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
Pursuant to 10 CFR 2.106, the Nuclear Regulatory Commission (NRC)
is providing notice in the Matter of Waste Control Specialists, LLC
(WCS) of the issuance of an order to modify WCS's exemption from the
requirements of 10 CFR part 70.
II. Further Information
I.
WCS operates a facility in Andrews County, Texas, that is currently
licensed to process and store certain types of low-level waste (LLW)
and mixed waste (MW), and dispose of hazardous and toxic waste. Texas
is an Agreement State. On November 30, 1997, this facility was licensed
by the State of Texas Department of Health (TDH) under a 10 CFR part 30
equivalent radioactive materials license to possess, treat, and store
LLW (R04971). License R04971 is currently under the jurisdiction of the
Texas Commission on Environmental Quality (TCEQ). The facility is also
licensed by the TCEQ to treat and dispose of hazardous waste. 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 TDH for
treatment and storage of MW and LLW. The MW and LLW streams may contain
quantities of special nuclear material (SNM). On May 29, 2008, the TCEQ
issued a license to WCS that authorizes WCS to receive and dispose of
byproduct material as defined in Title 25 of the Texas Administrative
Code, Section 289.260(c)(4). On January 14, 2009, the TCEQ denied
hearing requests and issued an order which allows a license to be
granted for disposal of LLW after the applicant demonstrates ownership
of all mineral rights. The order provides that a license may not be
issued, signed or granted until such demonstration is made.
Section 70.3 of 10 CFR part 70 requires persons who own, acquire,
deliver, receive, possess, use, or transfer SNM to obtain a license
pursuant to the requirements of 10 CFR part 70. 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.''
In September 2000, WCS requested an exemption from the licensing
requirements in 10 CFR part 70. On November 21, 2001, the NRC
transmitted an Order to WCS 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 WCS's storage and treatment facility in Andrews
County, Texas, without obtaining an NRC license pursuant to 10 CFR part
70. The NRC exemption applies only to activities authorized by TCEQ
License R04971. The Order was published in the Federal Register on
November 15, 2001 (66 FR 57489). The conditions specified in the Order
are discussed in the November 2001 Safety Evaluation Report (SER) that
supported the 2001 Order.
By letters dated August 6, 2003, and March 14, 2004, Waste Control
Specialists LLC (WCS) requested an amendment to its exemption, which
would allow it to use additional reagents for chemical stabilization of
mixed waste containing SNM. The NRC transmitted the revised Order to
WCS on November 4, 2004. The Order was published in the Federal
Register on November 12, 2004 (69 FR 65468). The modified conditions
specified in the Order are discussed in the August 2004 Safety
Evaluation Report (SER) that supported the 2004 Order.
In a letter dated December 10, 2007, WCS requested additional
modifications to its exemption from certain NRC regulations relative to
the possession of SNM that is authorized by its TCEQ License R04971. By
letter dated January 22, 2008, NRC acknowledged WCS' request.
WCS' letter dated December 10, 2007, and NRC's acknowledgement
dated January 22, 2008, are available at NRC's Electronic Reading Room
at https://www.nrc.gov/reading-rm/adams.html. NRC's Agencywide Document
Access and Management System (ADAMS) is available at this Web site. The
ADAMS accession numbers for the December 10, 2007, and January 22,
2008, letters are:
------------------------------------------------------------------------
Document description Accession No.
------------------------------------------------------------------------
December 10, 2007, WCS request for modification of the ML073550638
Order................................................
January 22, 2008, NRC acknowledgement of WCS request.. ML080150622
------------------------------------------------------------------------
II.
The NRC staff considers that the appropriate action is to grant
WCS's exemption request, with additional modifications. Currently, WCS
is exempted from the requirements of 10 CFR Part 70, including the
requirements for an NRC license in 10 CFR 70.3, for activities
authorized by TCEQ License R04971. This modification specifically would
allow WCS to: Discontinue confirmation sampling upon receipt of waste
that WCS verifies is adequately characterized by a generator to be
uniform and which contains less than one-tenth of the SNM concentration
limits presented in Condition 1; and to discontinue confirmatory
sampling requirements of Condition 7 of the Order for sealed sources.
By letter dated January 22, 2008, NRC informed WCS that it would
clarify Condition 2, which states that waste must not contain ``pure
forms'' of chemicals containing carbon, fluorine, magnesium, or bismuth
in bulk quantities. NRC is also clarifying requirements for spatial
uniformity of SNM concentrations in waste. The NRC is also revising
Condition 4 of the Order, which currently limits the amount of highly
water soluble SNM in each package, to address security concerns raised
by the NRC staff during its review. Therefore, WCS's exemption is
modified as follows:
1. Concentrations of SNM in individual waste containers and/or
during processing shall not exceed the following values:
[[Page 55073]]
------------------------------------------------------------------------
Measurement
Operational uncertainty
SNM Isotope limit (gram SNM/ (gram SNM/gram
gram waste) waste)
------------------------------------------------------------------------
U-233............................... 4.7E-04 7.1E-05
U-235 (10 percent enriched)......... 9.9E-04 1.5E-04
U-235 (100 percent enriched)........ 6.2E-04 9.3E-05
Pu-239.............................. 2.8E-04 4.2E-05
Pu-241.............................. 2.2E-04 3.2E-05
------------------------------------------------------------------------
When mixtures of these SNM isotopes are present in the waste, the
sum-of-the-fractions rule, as illustrated below, shall be used.
[GRAPHIC] [TIFF OMITTED] TN26OC09.000
The measurement uncertainty values in column 3 above represent the
maximum one-sigma uncertainty associated with the measurement of the
concentration of the particular radionuclide.
The SNM must be uniformly distributed throughout the waste, such
that the limiting concentrations must not be exceeded on average in any
contiguous mass of 600 kilograms.
2. The mass concentration of carbon, fluorine, and bismuth in the
waste must be limited as follows:
----------------------------------------------------------------------------------------------------------------
SNM Isotope Carbon Fluorine Bismuth
----------------------------------------------------------------------------------------------------------------
U-233............................... 28 wt%.................. 34 wt%................. 34 wt%.
U-235(10)........................... 25 wt%.................. 35 wt%................. 31 wt%.
U-235(100).......................... 41 wt%.................. 42 wt%................. 33 wt%.
Pu-239.............................. 43 wt%.................. 43 wt%................. 34 wt%.
Pu-241.............................. 37 wt%.................. 39 wt%................. 32 wt%.
----------------------------------------------------------------------------------------------------------------
For waste containing mixtures of C, F, and Bi, the sum of the
weight fractions of C, F, and Bi shall be compared to the most
restrictive maximum allowable weight fractions for any one of those
elements. Similarly, where mixtures of radionuclides are present in the
waste, the limiting maximum allowable weight fraction of C, F, and Bi
shall be applied.
The presence of the above materials will be determined and
documented by the generator, based on process knowledge or testing.
3. Waste accepted shall 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 and documented by the generator,
based on process knowledge, or testing.
4. Possession of highly water soluble forms of SNM shall not exceed
the amount of SNM of low strategic significance defined in 10 CFR 73.2.
Highly soluble forms of SNM include, but are not limited to: uranium
sulfate, uranyl acetate, uranyl chloride, uranyl formate, uranyl
fluoride, uranyl nitrate, uranyl potassium carbonate, uranyl sulfate,
plutonium chloride, plutonium fluoride, and plutonium nitrate. The
presence of the above materials will be determined and documented by
the generator, based on process knowledge or testing.
5. Processing of mixed waste containing SNM will be limited to
chemical stabilization (i.e., mixing waste with reagents). For batches
with more than 600 kilograms of waste, the total mass of SNM shall not
exceed the concentration limits in Condition 1 times 600 kilograms of
waste.
6. Prior to shipment of waste, WCS shall require generators to
provide a written certification containing the following information
for each waste stream:
a. Waste Description. The description must detail how the waste was
generated, list the physical forms in the waste, and identify uranium
chemical composition.
b. 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.
c. Uniformity Description. A description of the process by which
the waste was generated showing that the spatial distribution of SNM is
homogeneous or other information supporting spatial homogeneity.
d. 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.
WCS 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 WCS 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, WCS shall review this information and determine when
testing is required to provide additional information in assuring
compliance with the Conditions. WCS shall retain this information as
required
[[Page 55074]]
by the State of Texas to permit independent review.
At the time waste is received, WCS 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, and that the waste meets Conditions 2
through 4.
WCS shall require generators to sample and determine the SNM
concentration for each waste stream, not to include sealed sources, at
a frequency of once per 600 kg if the concentrations are above one
tenth the SNM limits of Condition 1. The measurement uncertainty shall
not exceed the uncertainty value in Condition 1 and shall be provided
on the written certification.
7. WCS shall sample and determine the SNM concentration for each
waste stream, not to include sealed sources, at a frequency of once per
600 kg if the concentrations are above one tenth the SNM limits of
Condition 1. This confirmatory testing is not required for waste to be
disposed of at DOE's WIPP facility.
8. WCS shall notify the NRC, Region IV office within 24 hours if
any of the above Conditions are violated. A written notification of the
event must be provided within 7 days.
9. WCS shall obtain NRC approval prior to changing any activities
associated with the above Conditions.
III.
Based on the staff's evaluation, the Commission has determined,
pursuant to 10 CFR 70.17(a), that the exemption as described above at
the WCS facility is authorized by law, 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 hereby
grants this exemption subject to the above conditions. The exemption
will become effective after the State of Texas has incorporated the
above conditions into WCS's RML.
Pursuant to the requirements in 10 CFR part 51, the Commission has
published an Environmental Assessment for the proposed action wherein
it has determined that the granting of this exemption will have no
significant impacts on the quality of the human environment. This
finding was noticed in the Federal Register on October 15, 2009 (74 FR
52981-52985).
Dated at Rockville, Maryland this 20th day of October 2009.
For the U.S. Nuclear Regulatory Commission.
Larry W. Camper,
Division Director, Division of Waste Management and Environmental
Protection, Office of Federal and State Materials and Environmental
Management Programs.
[FR Doc. E9-25662 Filed 10-23-09; 8:45 am]
BILLING CODE 7590-01-P
