Environmental Assessment and Finding of No Significant Impact Related to an Alternative Disposal Request of Westinghouse Electric Company, LLC; Hematite Decommissioning Project; Festus, Missouri, 77722-77724 [2013-30532]

Download as PDF 77722 Federal Register / Vol. 78, No. 247 / Tuesday, December 24, 2013 / Notices and current Employer Identification Number (EIN) issued by the U.S. Internal Revenue Service (IRS). NCUA will not consider an application that does not include a valid and current EIN. Such an Application will be deemed incomplete and will be declined. Information on how to obtain a EIN may be found on the IRS’s Web site at www.irs.gov. 3. Application: An Applicant requesting a grant must complete an online grant application form which includes required responses. The required responses will address the proposed use of funds and how the credit union will assess the impact of the funding. C. Submission of Application: Under this NOFO, Applications must be submitted online at www.cybergrants.com/ncua/ applications. IV. Application Review emcdonald on DSK67QTVN1PROD with NOTICES A. Review Process 1. Eligibility and Completeness Review: NCUA will review each Application to determine whether it is complete and that the Applicant meets the eligibility requirements described in the Regulations, Section II of this NOFO, and the grant guidelines. An incomplete Application or one that does not meet the eligibility requirements will be declined without further consideration. 2. Substantive Review: After an Applicant is determined eligible and its Application is determined complete, NCUA will conduct a substantive review in accordance with the criteria and procedures described in the Regulations, this NOFO, and the grant guidelines. NCUA reserves the right to contact the Applicant during its review for the purpose of clarifying or confirming information contained in the Application. If so contacted, the Applicant must respond within the time specified by NCUA or NCUA, in its sole discretion, may decline the application without further consideration. 3. Evaluation and Scoring: The evaluation criteria for each initiative will be more fully described in the grant guidelines. 4. Input from Examiners: NCUA will not approve an award to a credit union for which its NCUA regional examining office or State Supervisory Agency (SSA), if applicable, indicates it has safety and soundness concerns. If the NCUA regional office or SSA identifies a safety and soundness concern, OSCUI, in conjunction with the regional office or SSA, will assess whether the condition of the Applicant is adequate VerDate Mar<15>2010 16:36 Dec 23, 2013 Jkt 232001 to undertake the activities for which funding is requested, and the obligations of the loan and its conditions. NCUA, in its sole discretion, may defer decision on funding an Application until the credit union’s safety and soundness conditions improve. V. Award Process A. Award Selection: In general, NCUA will make its award selections based on a consistent scoring system where each applicant will receive an individual score. NCUA will consider the impact of the funding. When grant demand is high applications may be ranked based on the aforementioned in addition to factors listed in the grant guidelines. B. Notice of Award: NCUA will notify each Applicant of its funding decision. Notification will generally be by email. Applicants that are approved for funding will also receive instructions on how to proceed with the reimbursement request for disbursement of funds. VI. Post-Award Requirements A. Reporting Requirements: Each awarded credit union must submit a reimbursement request in order to receive the awarded funds. The reimbursement requirements are specific to each initiative. In general, the reimbursement request will require an explanation of the impact of funding and any success or failure to meet objectives for use of proceeds, outcome, or impact. NCUA, in its sole discretion, may modify these requirements. VII. Agency Contacts A. Methods of Contact: For further information, contact NCUA by email at OSCUIAPPS@ncua.gov. B. Information Technology Support: People who have visual or mobility impairments that prevent them from using NCUA’s Web site should call (703) 518–6610 for guidance (this is not a toll free number). Authority: 12 U.S.C. 1756, 1757(5)(D), and (7)(I), 1766, 1782, 1784, 1785 and 1786; 12 CFR 705. By the National Credit Union Administration Board on December 17, 2013. Gerard Poliquin, Secretary of the Board. [FR Doc. 2013–30554 Filed 12–23–13; 8:45 am] BILLING CODE 7535–01–P PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 NUCLEAR REGULATORY COMMISSION [NRC–2013–0184; Docket No. 70–0036] Environmental Assessment and Finding of No Significant Impact Related to an Alternative Disposal Request of Westinghouse Electric Company, LLC; Hematite Decommissioning Project; Festus, Missouri Nuclear Regulatory Commission. ACTION: Environmental assessment and finding of no significant impact; availability. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is considering issuance of a license amendment to special nuclear material (SNM) license number SNM–33 issued to Westinghouse Electric Company, LLC for the former Hematite Fuel Cycle Facility in Festus, Missouri authorizing alternative disposal of soil and soil-like wastes at the US Ecology Idaho, Inc. (USEI) disposal facility located near Grand View, Idaho. In addition, the NRC is considering the issuance of an exemption to USEI so that it may accept the waste for disposal. This exemption is required so that USEI may accept NRC regulated material under its Idaho Department of Environmental Quality license. The NRC has prepared an Environmental Assessment (EA) for this proposed action and has concluded that a Finding of No Significant Impact is appropriate with respect to the proposed action. ADDRESSES: Please refer to Docket ID NRC–2013–0184 when contacting the NRC about the availability of information regarding this document. You may access publicly-available information related to this action by the following methods: • Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC–2013–0184. Address questions about NRC dockets to Carol Gallagher; telephone: 301–287–3422; email: Carol.Gallagher@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may access publicly available documents online in the NRC Library at http://www.nrc.gov/readingrm/adams.html. To begin the search, select ‘‘ADAMS Public Documents’’ and then select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, SUMMARY: E:\FR\FM\24DEN1.SGM 24DEN1 Federal Register / Vol. 78, No. 247 / Tuesday, December 24, 2013 / Notices please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, 301–415–4737, or by email to pdr.resource@nrc.gov. The ADAMS accession number for each document referenced in this document (if that document is available in ADAMS) is provided the first time that a document is referenced. • NRC’s PDR: You may examine and purchase copies of public documents at the NRC’s PDR, Room O1–F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. FOR FURTHER INFORMATION CONTACT: John J. Hayes, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone: 301–415– 5928; email: John.Hayes@nrc.gov. SUPPLEMENTARY INFORMATION: emcdonald on DSK67QTVN1PROD with NOTICES I. Introduction The NRC received a license amendment application from Westinghouse Electric Company, LLC (WEC or the licensee), dated May 28, 2013 (ADAMS Accession No. ML13149A291). The licensee requests: (1) NRC authorization for disposal, pursuant to § 20.2002 of Title 10 of the Code of Federal Regulations (10 CFR), of an additional 22,000 m3 (cubic meters) of soil and soil-like material containing NRC-licensed source, byproduct, and special nuclear materials from its former fuel cycle facility located in Festus, Missouri; (2) NRC approval for the treatment, as needed, for removal of chemical contaminants from the 22,000 m3 or from the material associated with the previous approvals of approximately 46,000 m3 of Hematite waste for alternate disposal; and (3) NRC authorization for disposal of dewatered sanitary sludge as soil-like material. The licensee holds NRC License No. SNM– 33 and is authorized to conduct decommissioning activities at the facility. The amendment requests authorization for WEC to transfer decommissioning waste from the facility to US Ecology Idaho, Inc. (USEI), a Resource Conservation and Recovery Act Subtitle C disposal facility located near Grand View, Idaho. The USEI facility is regulated by the Idaho Department of Environmental Quality and is not an NRC-licensed facility. Pursuant to 10 CFR 30.11 and 70.17, WEC’s application provided information to support the grant of exemptions from the licensing requirements of 10 CFR 30.3 and 70.3 for byproduct and special nuclear material, respectively, to USEI so that USEI may accept the material under the terms of its facility permits. VerDate Mar<15>2010 16:36 Dec 23, 2013 Jkt 232001 In a letter dated June 5, 2013, USEI also formally requested an exemption from the requirements of 10 CFR 30.3 and 70.3 (ADAMS Accession No. ML13227A016). An NRC administrative review, documented in a letter to WEC dated June 11, 2013 (ADAMS Accession No. ML13161A067), found the application acceptable to begin a technical review. On August 23, 2013 (78 FR 52574), the NRC published in the Federal Register, a Notice of Opportunity for Hearing on the May 28, 2013 (ADAMS Accession No. ML13170A434), WEC license amendment request. The NRC relied upon the information provided in the May 28, 2013, license amendment request, supporting documentation and other sources as noted in the EA references section, in preparing the EA. II. Environmental Assessment Summary The WEC Hematite Decommissioning Project (HDP) is a decommissioning and environmental restoration project that will generate low-activity, low-level radioactive waste (LLRW) in the form of concrete/asphalt, piping, miscellaneous equipment, soil and soil-like wastes containing low concentrations of source, byproduct and special nuclear material (SNM). There is also the potential that this LLRW will contain hazardous constituents, such as metals and volatile organics, that exceed the levels identified in 40 CFR Part 261 for classification as hazardous waste and will require treatment at USEI prior to disposal. The need for the proposed action is the safe and permanent disposal of HDP’s LLRW. Under 10 CFR 20.2002, WEC proposes to dispose of this LLRW at the USEI hazardous waste disposal facility near Grand View, Idaho. The facility occupies Section 19 (2.59 square kilometers or 640 acres) of Township 4 South and Range 2 East in Owyhee County Idaho. This disposal is in addition to the approximately 23,000 m3 (30,000 yd3) of LLRW which was approved for alternate disposal by Hematite License Amendment 58 and the 23,000 m3 (30,000 yd3) of LLRW that was approved for Hematite License Amendment 60. As such, the cumulative impacts on the USEI facility and surrounding environment resulting from the receipt of the waste material described in the May 2009 request, the January 2012 request, and the waste material contained in the May 2013 request were considered. In 2002, WEC and the Missouri Department of Natural Resources (MDNR) entered into a Letter Agreement, which, among other things, PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 77723 provided for MDNR oversight of certain studies and response actions in accordance with the National Oil and Hazardous Substances Pollution Contingency Plan under the requirements of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. § 9601 et seq. (Westinghouse MDNR Review Draft Remedial Design Work Plan, 2002 (ADAMS Accession No. ML020880266)). Subsequently, Missouri and WEC entered into a Consent Decree, and the Letter Agreement was terminated. The Consent Decree provides for MDNR oversight of those portions of the investigation and selection of the remedy for Operable Units at the site that are not preempted by the Atomic Energy Act of 1954, as amended. The Selected Remedy for Operable Unit 1 at the HDP is Alternative 4: Removal, Treatment of Volatile Organic Compound Waste, and Off-site Disposal of Low-Level Radioactive Waste and Non-Hazardous Treatment Residues. The no-action alternative involves discontinuing ongoing decommissioning activities at the HDP and leaving soil and soil-like waste at the HDP site. This action would require an exemption from the requirement in 10 CFR 70.38(d) that decommissioning of facilities specifically licensed for possession and use of special nuclear material be completed and approved by the NRC after licensed activities cease. The no-action alternative would result in leaving approximately 22,000 m3 of total waste volume onsite. As was previously noted, the radiologically contaminated remediation waste, regulated by the NRC is co-mingled with chemically contaminated waste regulated under CERCLA. The ‘‘no-action alternative’’ would not be in accordance with the July 2009 CERCLA Record of Decision (http://www.dnr.mo.gov/env/hwp/docs/ 20090721HRSFINALROD.pdf) for removal and subsequent treatment of the chemically contaminated waste. The no-action alternative would not allow WEC to meet the requirements of 10 CFR 20.1402 for unrestricted release. Selection of this alternative would require WEC to continue environmental monitoring/surveillance and to maintain administrative and engineered controls to ensure facility safety and security. The environmental impacts of the noaction alternative would include continued contamination of soil and water, which could further escalate over time if groundwater contamination spreads and material such as Technicium–99 (Tc–99), continues to E:\FR\FM\24DEN1.SGM 24DEN1 77724 Federal Register / Vol. 78, No. 247 / Tuesday, December 24, 2013 / Notices leach into the soil. The continued monitoring required at the site would result in environmental impacts due to the emissions from vehicular traffic associated with workers traversing to and from the site and entities providing services and supplies to the Hematite facility. Additional vehicular traffic could also impact public and occupational health with the potential for vehicle accidents. Another alternative to the proposed action is to dispose of the LLRW in a facility licensed by an NRC Agreement State for the storage and/or disposal of LLRW. For this EA, the NRC evaluated the EnergySolutions, LLC (EnergySolutions) Clive Utah facility as the alternative disposal site for the radioactive and chemically hazardous waste. The EnergySolutions LLRW disposal facility at Clive, Utah is located 128 kilometers (80 miles) west of Salt Lake City, Utah and 70 kilometers (45 miles) east of Wendover, Nevada. The site is arid with an annual precipitation of approximately 20 centimeters (8 inches). The facility is licensed by the State of Utah to dispose of Class A radioactive waste only (Utah License 2300249) and 11e.(2) byproduct material (UT2300478) and holds a Part B Resource Conservation and Recovery Act (RCRA) solid waste permit (Environmental Protection Agency ID No. UTD982598898). The selection of this alternative would allow WEC to meet the requirements of 10 CFR 20.1402 for unrestricted release. In addition, this site is environmentally similar to USEI. However, this alternative was not selected by the licensee. emcdonald on DSK67QTVN1PROD with NOTICES lIl. Finding of No Significant Impact On the basis of the EA (ADAMS Accession No. ML13269A308), the NRC has concluded that there are no significant environmental impacts from the proposed actions and the issuance of a license amendment and the associated exemptions does not warrant the preparation of an Environmental Impact Statement. Accordingly, it has been determined that a Finding of No Significant Impact is appropriate. Dated at Rockville, Maryland, this 29th day of November, 2013. For The Nuclear Regulatory Commission. Andrew Persinko, Deputy Director, Decommissioning and Uranium Recovery Licensing Directorate, Division of Waste Management and Environmental Protection, Office of Federal and State Materials and Environmental Management Programs. [FR Doc. 2013–30532 Filed 12–23–13; 8:45 am] BILLING CODE 7590–01–P VerDate Mar<15>2010 16:36 Dec 23, 2013 Jkt 232001 FOR FURTHER INFORMATION CONTACT: NUCLEAR REGULATORY COMMISSION [Docket No. 52–039; NRC–2008–0603] PPL Bell Bend, LLC; Bell Bend Nuclear Power Plant; Exemption From the Requirement To Submit an Annual Update to the Final Safety Analysis Report Included in a Combined License Application Nuclear Regulatory Commission. ACTION: Exemption. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an exemption in response to an October 18, 2013 request from PPL Bell Bend, LLC (PPL). PPL requested an exemption from certain regulatory requirements that require them to submit updates to the Final Safety Analysis Report (FSAR) included in their COL application. The NRC staff reviewed this request and determined that it is appropriate to grant the exemption, but stipulated that the updates to the FSAR must be submitted by December 31, 2014. ADDRESSES: Please refer to Docket ID NRC–2008–0603 when contacting the NRC about the availability of information regarding this document. You may access publicly-available information related to this document using any of the following methods: • Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC–2008–0603. Address questions about NRC dockets to Carol Gallagher; telephone: 301–287–3422; email: Carol.Gallagher@nrc.gov. For technical questions, contact the individual(s) listed in the FOR FURTHER INFORMATION CONTACT section of this document. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may access publicly available documents online in the NRC Library at http://www.nrc.gov/readingrm/adams.html. To begin the search, select ‘‘ADAMS Public Documents’’ and then select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, 301–415–4737, or by email to pdr.resource@nrc.gov. The ADAMS accession number for each document referenced in this document (if that document is available in ADAMS) is provided the first time that a document is referenced. • NRC’s PDR: You may examine and purchase copies of public documents at the NRC’s PDR, Room O1–F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. SUMMARY: PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 Michael Takacs, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC, 20555–0001; telephone: 301–415–7871; email: Michael.Takacs@nrc.gov. SUPPLEMENTARY INFORMATION: The following sections include the text of the exemption in its entirety as issued to PPL. 1.0 Background On October 10, 2008, PPL Bell Bend, LLC (PPL) submitted to the U.S. Nuclear Regulatory Commission (NRC) a Combined License (COL) application for a single unit of AREVA NP’s U.S. EPR to be constructed and operated as Bell Bend Nuclear Power Plant (BBNPP), in Luzerne County, Pennsylvania (Agencywide Documents Access and Management System (ADAMS) Accession No. ML082890663). The NRC docketed the BBNPP COL application on December 19, 2008 (Docket Number 52–039). Additionally, the BBNPP COL application is based upon the U.S. EPR reference COL (RCOL) application for UniStar’s Calvert Cliffs Nuclear Power Plant, Unit 3 (CCNPP3). The NRC is currently performing the detailed reviews of the CCNPP3 RCOL application, and AREVA NP’s application for design certification of the U.S. EPR. On April 12, 2013, PPL submitted Revision 4 to the COL application (ADAMS Accession No. ML13120A374), including updates to the Final Safety Analysis Report (FSAR), per Title 10 of the Code of Federal Regulations (10 CFR) Subsection 50.71(e)(3)(iii), consistent with the NRC approved exemption for late filing of the calendar year 2012 FSAR update. On October 18, 2013, PPL requested an exemption from the 10 CFR 50.71(e)(3)(iii) requirements to submit the BBNPP COL application FSAR update in calendar year 2013 (ADAMS Accession No. ML13304A574). 2.0 Request/Action 10 CFR 50.71(e)(3)(iii) requires that an applicant for a COL, under Subpart C of 10 CFR Part 52, must update their FSAR annually during the period from docketing the application to the Commission making its 52.103(g) finding. Pursuant to 10 CFR 50.71(e)(3)(iii), the next annual update of the FSAR included in the BBNPP COL application would be due by December 31, 2013. On November 2, 2012, PPL previously requested an exemption, pursuant to 10 CFR 50.71(e)(3)(iii) to allow for late filing of their required application revision for calendar year 2012 (ADAMS Accession No. ML12321A037). The NRC E:\FR\FM\24DEN1.SGM 24DEN1

Agencies

[Federal Register Volume 78, Number 247 (Tuesday, December 24, 2013)]
[Notices]
[Pages 77722-77724]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-30532]


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NUCLEAR REGULATORY COMMISSION

[NRC-2013-0184; Docket No. 70-0036]


Environmental Assessment and Finding of No Significant Impact 
Related to an Alternative Disposal Request of Westinghouse Electric 
Company, LLC; Hematite Decommissioning Project; Festus, Missouri

AGENCY: Nuclear Regulatory Commission.

ACTION: Environmental assessment and finding of no significant impact; 
availability.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering 
issuance of a license amendment to special nuclear material (SNM) 
license number SNM-33 issued to Westinghouse Electric Company, LLC for 
the former Hematite Fuel Cycle Facility in Festus, Missouri authorizing 
alternative disposal of soil and soil-like wastes at the US Ecology 
Idaho, Inc. (USEI) disposal facility located near Grand View, Idaho. In 
addition, the NRC is considering the issuance of an exemption to USEI 
so that it may accept the waste for disposal. This exemption is 
required so that USEI may accept NRC regulated material under its Idaho 
Department of Environmental Quality license. The NRC has prepared an 
Environmental Assessment (EA) for this proposed action and has 
concluded that a Finding of No Significant Impact is appropriate with 
respect to the proposed action.

ADDRESSES: Please refer to Docket ID NRC-2013-0184 when contacting the 
NRC about the availability of information regarding this document. You 
may access publicly-available information related to this action by the 
following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0184. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: Carol.Gallagher@nrc.gov. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may access publicly available documents online in the NRC 
Library at http://www.nrc.gov/reading-rm/adams.html. To begin the 
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS,

[[Page 77723]]

please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to pdr.resource@nrc.gov. The 
ADAMS accession number for each document referenced in this document 
(if that document is available in ADAMS) is provided the first time 
that a document is referenced.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: John J. Hayes, Office of Federal and 
State Materials and Environmental Management Programs, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-
5928; email: John.Hayes@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Introduction

    The NRC received a license amendment application from Westinghouse 
Electric Company, LLC (WEC or the licensee), dated May 28, 2013 (ADAMS 
Accession No. ML13149A291). The licensee requests: (1) NRC 
authorization for disposal, pursuant to Sec.  20.2002 of Title 10 of 
the Code of Federal Regulations (10 CFR), of an additional 22,000 m\3\ 
(cubic meters) of soil and soil-like material containing NRC-licensed 
source, byproduct, and special nuclear materials from its former fuel 
cycle facility located in Festus, Missouri; (2) NRC approval for the 
treatment, as needed, for removal of chemical contaminants from the 
22,000 m\3\ or from the material associated with the previous approvals 
of approximately 46,000 m\3\ of Hematite waste for alternate disposal; 
and (3) NRC authorization for disposal of dewatered sanitary sludge as 
soil-like material. The licensee holds NRC License No. SNM-33 and is 
authorized to conduct decommissioning activities at the facility. The 
amendment requests authorization for WEC to transfer decommissioning 
waste from the facility to US Ecology Idaho, Inc. (USEI), a Resource 
Conservation and Recovery Act Subtitle C disposal facility located near 
Grand View, Idaho. The USEI facility is regulated by the Idaho 
Department of Environmental Quality and is not an NRC-licensed 
facility. Pursuant to 10 CFR 30.11 and 70.17, WEC's application 
provided information to support the grant of exemptions from the 
licensing requirements of 10 CFR 30.3 and 70.3 for byproduct and 
special nuclear material, respectively, to USEI so that USEI may accept 
the material under the terms of its facility permits. In a letter dated 
June 5, 2013, USEI also formally requested an exemption from the 
requirements of 10 CFR 30.3 and 70.3 (ADAMS Accession No. ML13227A016).
    An NRC administrative review, documented in a letter to WEC dated 
June 11, 2013 (ADAMS Accession No. ML13161A067), found the application 
acceptable to begin a technical review. On August 23, 2013 (78 FR 
52574), the NRC published in the Federal Register, a Notice of 
Opportunity for Hearing on the May 28, 2013 (ADAMS Accession No. 
ML13170A434), WEC license amendment request. The NRC relied upon the 
information provided in the May 28, 2013, license amendment request, 
supporting documentation and other sources as noted in the EA 
references section, in preparing the EA.

II. Environmental Assessment Summary

    The WEC Hematite Decommissioning Project (HDP) is a decommissioning 
and environmental restoration project that will generate low-activity, 
low-level radioactive waste (LLRW) in the form of concrete/asphalt, 
piping, miscellaneous equipment, soil and soil-like wastes containing 
low concentrations of source, byproduct and special nuclear material 
(SNM). There is also the potential that this LLRW will contain 
hazardous constituents, such as metals and volatile organics, that 
exceed the levels identified in 40 CFR Part 261 for classification as 
hazardous waste and will require treatment at USEI prior to disposal. 
The need for the proposed action is the safe and permanent disposal of 
HDP's LLRW.
    Under 10 CFR 20.2002, WEC proposes to dispose of this LLRW at the 
USEI hazardous waste disposal facility near Grand View, Idaho. The 
facility occupies Section 19 (2.59 square kilometers or 640 acres) of 
Township 4 South and Range 2 East in Owyhee County Idaho. This disposal 
is in addition to the approximately 23,000 m\3\ (30,000 yd\3\) of LLRW 
which was approved for alternate disposal by Hematite License Amendment 
58 and the 23,000 m\3\ (30,000 yd\3\) of LLRW that was approved for 
Hematite License Amendment 60. As such, the cumulative impacts on the 
USEI facility and surrounding environment resulting from the receipt of 
the waste material described in the May 2009 request, the January 2012 
request, and the waste material contained in the May 2013 request were 
considered.
    In 2002, WEC and the Missouri Department of Natural Resources 
(MDNR) entered into a Letter Agreement, which, among other things, 
provided for MDNR oversight of certain studies and response actions in 
accordance with the National Oil and Hazardous Substances Pollution 
Contingency Plan under the requirements of the Comprehensive 
Environmental Response, Compensation, and Liability Act (CERCLA), 42 
U.S.C. Sec.  9601 et seq. (Westinghouse MDNR Review Draft Remedial 
Design Work Plan, 2002 (ADAMS Accession No. ML020880266)).
    Subsequently, Missouri and WEC entered into a Consent Decree, and 
the Letter Agreement was terminated. The Consent Decree provides for 
MDNR oversight of those portions of the investigation and selection of 
the remedy for Operable Units at the site that are not preempted by the 
Atomic Energy Act of 1954, as amended. The Selected Remedy for Operable 
Unit 1 at the HDP is Alternative 4: Removal, Treatment of Volatile 
Organic Compound Waste, and Off-site Disposal of Low-Level Radioactive 
Waste and Non-Hazardous Treatment Residues.
    The no-action alternative involves discontinuing ongoing 
decommissioning activities at the HDP and leaving soil and soil-like 
waste at the HDP site. This action would require an exemption from the 
requirement in 10 CFR 70.38(d) that decommissioning of facilities 
specifically licensed for possession and use of special nuclear 
material be completed and approved by the NRC after licensed activities 
cease. The no-action alternative would result in leaving approximately 
22,000 m\3\ of total waste volume onsite.
    As was previously noted, the radiologically contaminated 
remediation waste, regulated by the NRC is co-mingled with chemically 
contaminated waste regulated under CERCLA. The ``no-action 
alternative'' would not be in accordance with the July 2009 CERCLA 
Record of Decision (http://www.dnr.mo.gov/env/hwp/docs/20090721HRSFINALROD.pdf) for removal and subsequent treatment of the 
chemically contaminated waste.
    The no-action alternative would not allow WEC to meet the 
requirements of 10 CFR 20.1402 for unrestricted release. Selection of 
this alternative would require WEC to continue environmental 
monitoring/surveillance and to maintain administrative and engineered 
controls to ensure facility safety and security. The environmental 
impacts of the no-action alternative would include continued 
contamination of soil and water, which could further escalate over time 
if groundwater contamination spreads and material such as Technicium-99 
(Tc-99), continues to

[[Page 77724]]

leach into the soil. The continued monitoring required at the site 
would result in environmental impacts due to the emissions from 
vehicular traffic associated with workers traversing to and from the 
site and entities providing services and supplies to the Hematite 
facility. Additional vehicular traffic could also impact public and 
occupational health with the potential for vehicle accidents.
    Another alternative to the proposed action is to dispose of the 
LLRW in a facility licensed by an NRC Agreement State for the storage 
and/or disposal of LLRW. For this EA, the NRC evaluated the 
EnergySolutions, LLC (EnergySolutions) Clive Utah facility as the 
alternative disposal site for the radioactive and chemically hazardous 
waste.
    The EnergySolutions LLRW disposal facility at Clive, Utah is 
located 128 kilometers (80 miles) west of Salt Lake City, Utah and 70 
kilometers (45 miles) east of Wendover, Nevada. The site is arid with 
an annual precipitation of approximately 20 centimeters (8 inches). The 
facility is licensed by the State of Utah to dispose of Class A 
radioactive waste only (Utah License 2300249) and 11e.(2) byproduct 
material (UT2300478) and holds a Part B Resource Conservation and 
Recovery Act (RCRA) solid waste permit (Environmental Protection Agency 
ID No. UTD982598898).
    The selection of this alternative would allow WEC to meet the 
requirements of 10 CFR 20.1402 for unrestricted release. In addition, 
this site is environmentally similar to USEI. However, this alternative 
was not selected by the licensee.

lIl. Finding of No Significant Impact

    On the basis of the EA (ADAMS Accession No. ML13269A308), the NRC 
has concluded that there are no significant environmental impacts from 
the proposed actions and the issuance of a license amendment and the 
associated exemptions does not warrant the preparation of an 
Environmental Impact Statement. Accordingly, it has been determined 
that a Finding of No Significant Impact is appropriate.

    Dated at Rockville, Maryland, this 29th day of November, 2013.

    For The Nuclear Regulatory Commission.
Andrew Persinko,
Deputy Director, Decommissioning and Uranium Recovery Licensing 
Directorate, Division of Waste Management and Environmental Protection, 
Office of Federal and State Materials and Environmental Management 
Programs.
[FR Doc. 2013-30532 Filed 12-23-13; 8:45 am]
BILLING CODE 7590-01-P