Supersede Exemption for Waste Control Specialists, LLC; Andrews County, Texas, 73647-73651 [2014-29129]
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Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Notices
parts of the NRC’s regulations,
techniques that the staff uses in
evaluating specific problems or
postulated accidents, and data that the
staff needs in its review of applications
for permits and licenses.
The DG, entitled, ‘‘Aquatic
Environmental Studies for Nuclear
Power Stations,’’ is a proposed new
regulatory guide, and it is temporarily
identified by its task number, DG–4023.
The DG provides technical guidance for
aquatic environmental studies and
analyses supporting decisions related to
nuclear power stations by NRC. For
purposes of DG–4023, the term
‘‘aquatic’’ encompasses freshwater,
estuarine, and marine environments.
The DG addresses wetlands containing
submerged aquatic vegetation but does
not address wetlands also containing
emergent vegetation. Instead, NRC’s
Regulatory Guide 4.11, ‘‘Terrestrial
Environmental Studies for Nuclear
Power Stations,’’ addresses such
wetland features, along with the
terrestrial environment. Although the
NRC is issuing separate regulatory
guides addressing terrestrial and aquatic
environmental studies, it recognizes that
aquatic and terrestrial ecological issues
often overlap and are often interrelated.
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III. Backfitting and Issue Finality
Issuance of this DG, if finalized,
would not constitute backfitting as
defined in § 50.109 of Title 10 of the
Code of Federal Regulations (10 CFR)
(the Backfit Rule) and would not
otherwise be inconsistent with the issue
finality provisions in 10 CFR part 52. As
discussed in the ‘‘Implementation’’
section of this DG, the NRC has no
current intention to impose this DG, if
finalized, on holders of current
operating licenses or combined licenses.
This DG, if finalized, may be applied
to applications for construction permits,
operating licenses, early site permits,
combines licenses and limited work
authorizations docketed by the NRC as
of the date of issuance of the final
regulatory guide, as well as future
applications for construction permits,
operating licenses, early site permits,
combines licenses and limited work
authorizations submitted after the
issuance of the final regulatory guide.
Such action would not constitute
backfitting as defined in 10 CFR
50.109(a)(1) and would not be
inconsistent with the applicable issue
finality provision in 10 CFR part 52,
inasmuch as such applicants or
potential applicants are not within the
scope of entities protected by the Backfit
Rule or the relevant issue finality
provisions in part 52.
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Dated at Rockville, Maryland, this 5th day
of December, 2014.
For the Nuclear Regulatory Commission.
Harriet Karagiannis,
Acting Chief, Regulatory Guidance and
Generic Issues Branch, Division of
Engineering, Office of Nuclear Regulatory
Research.
[FR Doc. 2014–29026 Filed 12–10–14; 8:45 am]
BILLING CODE 7590–01–P
73647
If you would like to be added to the
distribution, please contact the Office of
the Secretary, Washington, DC 20555
(301–415–1969), or send an email to
Patricia.Jimenez@nrc.gov or
Brenda.Akstulewicz@nrc.gov.
Dated: December 9, 2014.
Glenn Ellmers,
Policy Coordinator, Office of the Secretary.
[FR Doc. 2014–29207 Filed 12–9–14; 4:15 pm]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2014–0001]
NUCLEAR REGULATORY
COMMISSION
Sunshine Act Meeting Notice
[Docket No. 70–7005; NRC–2009–0283; EA–
14–104]
Week of December 8, 2014.
Commissioners’ Conference
Room, 11555 Rockville Pike, Rockville,
Maryland.
STATUS: Public.
Supersede Exemption for Waste
Control Specialists, LLC; Andrews
County, Texas
DATES:
PLACE:
Week of December 14, 2014
Tuesday, December 16, 2014
8:55 a.m. Affirmation Session (Public
Meeting) (Tentative)
Fermi Combined License Application:
Intervenors’ Petition for Review of
LBP–14–07 (Ruling for Applicant
on Quality Assurance) (June 17,
2014) (Tentative)
This meeting will be webcast live at
the Web address—https://www.nrc.gov/.
*
*
*
*
*
The schedule for Commission
meetings is subject to change on short
notice. For more information or to verify
the status of meetings, contact Glenn
Ellmers at (301) 415–0442 or via email
at Glenn.Ellmers@nrc.gov.
*
*
*
*
*
The NRC Commission Meeting
Schedule can be found on the Internet
at: https://www.nrc.gov/public-involve/
public-meetings/schedule.html.
*
*
*
*
*
The NRC provides reasonable
accommodation to individuals with
disabilities where appropriate. If you
need a reasonable accommodation to
participate in these public meetings, or
need this meeting notice or the
transcript or other information from the
public meetings in another format (e.g.,
braille, large print), please notify
Kimberly Meyer, NRC Disability
Program Manager, at 301–287–0727, by
videophone at 240–428–3217, or by
email at Kimberly.Meyer-Chambers@
nrc.gov . Determinations on requests for
reasonable accommodation will be
made on a case-by-case basis.
*
*
*
*
*
Members of the public may request to
receive this information electronically.
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Nuclear Regulatory
Commission.
ACTION: Order; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing a new
Order superseding a previously issued
Order to Waste Control Specialists,
LLC., (WCS) on October 20, 2009 (2009
Order). The previous Order exempted
WCS from the NRC’s regulations
concerning special nuclear material
(SNM). The current action is in response
to a request by WCS dated July 18, 2014.
ADDRESSES: Please refer to Docket ID
NRC–2009–0283 when contacting the
NRC about the availability of
information regarding this document.
You may obtain publicly-available
information related to this document
using any of the following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2009–0283. 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 obtain publicly
available documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘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
SUMMARY:
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Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Notices
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:
Maurice Heath, Office of Nuclear
Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–415–3137; email: Maurice.Heath@
nrc.gov.
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SUPPLEMENTARY INFORMATION:
I. Introduction
Waste Control Specialists, LLC (WCS),
operates a facility in Andrews County,
Texas, that is licensed to process and
store certain types of radioactive
material contained in low-level waste
(LLW) and mixed waste (MW). The
facility also disposes of hazardous and
toxic waste. Under an Agreement
authorized by the Atomic Energy Act, as
amended (AEA), the NRC can relinquish
and a State can assume, regulatory
authority over radioactive material
specified in an Agreement with NRC. In
1963, Texas entered into an Agreement
and assumed regulatory authority over
source, byproduct and SNM less than a
critical mass.
On November 30, 1997, the State of
Texas Department of Health (TDH)
issued WCS a radioactive materials
license (RML) to possess, treat, and store
LLW (RML R04971). 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 the TDH for treatment and storage
of MW and LLW. The MW and LLW
streams may contain quantities of SNM.
In 2007, regulatory responsibility for
RML R04971 was transferred by TDH to
the Texas Commission on
Environmental Quality (TCEQ). In
September 2009, the TCEQ issued RML
R04100 to WCS for disposal of LLW.
Section 70.3 of Title 10, Code of
Federal Regulations (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
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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 submitted to
NRC an exemption request from the
licensing requirements in 10 CFR part
70. On November 21, 2001, the NRC
issued an Order to WCS (2001 Order)
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 the WCS storage and
treatment facility in Andrews County,
Texas, without obtaining an NRC
license pursuant to 10 CFR part 70. The
2001 NRC Order was published in the
Federal Register on November 15, 2001
(66 FR 57489). As seen in the
attachments to the November 21, 2001,
NRC letter to WCS (ADAMS Accession
No. ML030130085), the conditions
specified in the 2001 Order are
discussed in the October 2001
Environmental Assessment (EA) and
November 2001 Safety Evaluation
Report (SER) that supported the 2001
Order.
By letters dated August 6, 2003, and
March 14, 2004, WCS requested a
modification to the 2001 Order, which
would allow it to use additional
reagents for chemical stabilization of
mixed waste containing SNM. The NRC
issued the new Order on November 4,
2004 (2004 Order), which superseded
the 2001 Order. The 2004 Order was
published in the Federal Register on
November 12, 2004 (69 FR 65468). The
new conditions specified in the 2004
Order are discussed in the October 2004
EA (ADAMS Accession No.
ML043020614) and SER (ADAMS
Accession No. ML042250362) that
supported the 2004 Order. The 2004
Order changed the 2001 Order
Conditions to allow WCS to use such
chemical reagents as it deems necessary
for treatment and stabilization of mixed
waste containing SNM, provided that
the SNM mass does not exceed specified
concentration limits.
By letter dated December 10, 2007,
WCS requested additional modifications
to the 2004 Order. The NRC issued the
new Order to WCS on October 20, 2009
(2009 Order), which superseded the
2004 Order. The 2009 Order was
published in the Federal Register on
October 26, 2009 (74 FR 55072). The
new conditions specified in the 2009
Order are discussed in the October 2009
EA (ADAMS Accession No.
ML092460509) and SER (ADAMS
Accession No. ML093070307) that
supported the 2009 Order. The 2009
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Order changed the 2004 Order
Conditions regarding sampling of waste,
what is allowed to be in the waste, and
the amount of highly water soluble SNM
in each waste package.
In July 2013, by Amendment No. 22
of RML R04100, the TCEQ began to
merge the license requirements in RML
R04971 (for the radioactive waste
treatment, storage, and processing
facility) with the requirements in RML
R04100 (for the LLW land disposal
facility). In Amendment No. 22 of RML
R04100, the TCEQ license requirements
related to the NRC 2009 Order in RML
R04971 for the WCS treatment, storage,
and processing facility were transferred
to RML R04100. Previous Orders
referred to that location as the
treatment, storage, and processing
facility. Subsequently, WCS began
referring to that location as the
‘‘Treatment, Storage and Disposal
Facility.’’ The NRC will use the name
‘‘Treatment, Storage, and Disposal
Facility’’ and the abbreviation TSDF to
reference that location in this Order.
The previous NRC Orders (2001,
2004, and 2009) addressed the issue that
10 CFR 70.3 requires persons who own,
acquire, deliver, receive, possess, use, or
transfer SNM to obtain an NRC license
pursuant to the requirements in 10 CFR
part 70. However, 10 CFR 150.10
exempts a person in an Agreement State
who possesses SNM in quantities not
sufficient to form a critical mass from
the NRC’s imposed licensing
requirements and regulations. The
method for calculating the quantity of
SNM not sufficient to form a critical
mass is set out in 10 CFR 150.11.
Therefore, prior to the NRC 2001 Order,
WCS was required to comply with NRC
regulatory requirements and obtain an
NRC specific license to possess SNM in
quantities greater than amounts
established in 10 CFR 150.11. The 2001
WCS exemption request to NRC
proposed to use concentration-based
limits rather than mass-based limits at a
specific location at the WCS facility.
The NRC 2001 Order granted, and the
subsequent NRC Orders (2004 and 2009)
continued, the use of concentrationbased limits with conditions at a
specific location at the WCS facility.
The TCEQ incorporated the
concentration-based limits and
conditions from each respective NRC
Order (2001, 2004, and 2009) into the
WCS license for the specific location at
the WCS facility where the
concentration-based limits instead of
mass-based limits are applicable.
By letter dated July 18, 2014 (ADAMS
Accession No. ML14209A660), WCS
requested an exemption from NRC
regulations to possess SNM in excess of
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the critical mass limits specified in 10
CFR 150.11 while temporarily storing
specific waste at a different location at
the WCS facility other than the TSDF.
The WCS exemption request referenced
the WCS June 20, 2014, letter to the
NRC (ADAMS Accession No.
ML14171A554) that notified the NRC of
actions that WCS had taken in response
to the on-going U.S. Department of
Energy (DOE) investigation of an
unplanned radiation release event at the
DOE Waste Isolation Pilot Plant (WIPP)
facility (i.e., the WIPP incident). The
specific waste includes some of the
transuranic waste that originated at the
DOE Los Alamos National Laboratory
(LANL), which are destined to be
disposed of at the DOE WIPP facility
(i.e., LANL waste). Due to the February
14, 2014, WIPP incident, the DOE
suspended operations at the WIPP
facility. In April 2014, WCS began
receiving some of the LANL waste from
DOE, which met the conditions in the
NRC 2009 Order. WCS intended to
temporarily store the LANL waste at the
TSDF at the WCS facility until WCS
ships the waste.
Based on the DOE investigation of the
WIPP incident, DOE subsequently
informed WCS that some of the LANL
waste being temporarily stored at the
WCS TSDF could, under certain
conditions, react and potentially result
in a release of transuranic radionuclides
to the environment. On June 12, 2014,
WCS responded to DOE’s information
by starting to voluntarily move the
identified LANL waste to the Federal
Waste Disposal Facility (FWF) at the
WCS facility for temporary storage.
After evaluating WCS’s exemption
request, the NRC staff decided that the
appropriate action is to grant the
request, contingent on compliance with
the additional conditions contained in
the 2014 Order. The reasons for this
decision are further described in the
SER for this request (ADAMS Accession
No. ML14230A804).
II. Conditions
Currently, WCS is exempted from the
requirements of 10 CFR part 70,
including the requirements for an NRC
license in 10 CFR 70.3. This Order
supersedes the 2009 Order that applies
to the WCS treatment, storage and
processing facility. Previous Orders
referred to that location as the
treatment, storage, and processing
facility. Subsequently, WCS began
referring to that location as the
‘‘Treatment, Storage and Disposal
Facility.’’ The NRC will use the name
‘‘Treatment, Storage, and Disposal
Facility’’ and the abbreviation TSDF to
reference that location in the 2014
Order.
The NRC reviewed the information in
the WCS request and, along with
clarifying teleconference calls and other
public and non-public information
provided by WCS, the NRC decided that
the appropriate action is to grant the
WCS exemption request, but has
modified WCS’ exemption request to
include additional conditions which are
reflected in this 2014 Order. As
described in the SER Report for this
request, the NRC has determined that
the modified conditions in the 2014
Order will not endanger life or property
or the common defense and security and
is otherwise in the public interest to
allow for movement and the temporary
storage of the identified LANL waste at
WCS FWF.
Conditions 1 through 7 remain the
same as in the 2009 Order. A new
Condition 8 was created in this 2014
Order to address the NRC’s modification
of WCS’ exemption request. The new
Condition 8 applies to the LANL waste
stored at either the TSDF or the FWF.
Condition 8 in the 2009 Order was
renumbered as Condition 9 in this 2014
Order. Condition 9 in the 2009 Order is
renumbered as Condition 10 in this
2014 Order. A new Condition 11 was
created in this 2014 Order. As such,
Conditions 1 through 11 of this 2014
Order now read as the following:
1. Concentrations of SNM in
individual waste containers and/or
during processing shall not exceed the
following values:
Operational
limit
(gram SNM/
gram waste)
SNM isotope
U-233 .......................................................................................................................................................................
U-235 (10 percent enriched) ...................................................................................................................................
U-235 (100 percent enriched) .................................................................................................................................
Pu-239 .....................................................................................................................................................................
Pu-241 .....................................................................................................................................................................
7.1E–05
1.5E–04
9.3E–05
4.2E–05
3.2E–05
fractions rule, as illustrated below, shall
be used.
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.
4.7E–04
9.9E–04
6.2E–04
2.8E–04
2.2E–04
Measurement
uncertainty
(gram SNM/
gram waste)
2. The mass concentration of carbon,
fluorine, and bismuth in the waste must
be limited as follows:
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SNM isotope
Carbon
wt %
Fluorine
wt %
U-233 ..........
U-235(10) ....
U-235(100) ..
Pu-239 ........
Pu-241 ........
28
25
41
43
37
34
35
42
43
39
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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
Bismuth weight fractions for any one of those
wt %
elements. Similarly, where mixtures of
34 radionuclides are present in the waste,
31 the limiting maximum allowable weight
33 fraction of C, F, and Bi shall be applied.
34 The presence of the above materials will
32 be determined and documented by the
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When mixtures of these SNM isotopes
are present in the waste, the sum-of-the-
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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.
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.
b. 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.
c. 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.
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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
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. The ‘‘WIPP incident’’ is the
February 14, 2014, unplanned radiation
release event at the DOE WIPP facility
in New Mexico. The following relate to
WCS storing DOE transuranic waste that
originated at the LANL, which are
destined to be disposed of at the DOE
WIPP facility (i.e., ‘‘LANL waste’’), at
either the WCS Treatment, Storage, and
Disposal Facility (TSDF) or the WCS
Federal Waste Disposal Facility (FWF):
A. The following conditions are
applicable to LANL waste stored at the
Federal Waste Disposal Facility (FWF)
and other SNM bearing waste stored or
disposed of at the FWF:
1. The following waste is allowed to
be stored at the WCS FWF: LANL waste
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in accordance with the concentrationbased limits specified in Conditions 1
through 7, provided that it is in
Standardized Waste Boxes (SWBs)
analyzed to be safe in the DOE ‘‘Nuclear
Critical Safety Evaluation,’’ WIPP–016,
Rev. 4. The lids of the SWBs shall be
bolted or similarly secured to the body
and the SWBs shall be placed inside
Modular Concrete Canisters (MCCs)
consistent with the configurations
analyzed in WIPP–016.
2. The LANL waste shall be isolated
from other SNM-bearing waste by a
minimum of 6.096 meters (20 feet).
3. The LANL waste in MCCs shall be
stacked no more than one MCC high.
B. The following conditions are
applicable to all the LANL waste stored
at either the TSDF or the FWF:
1. WCS shall follow the general
reporting and recordkeeping
requirements of 10 CFR part 73 that are
applicable to those who possess SNM of
1 gram or more. Those requirements are:
(1) Notification to the NRC within 1
hour of discovery of any unauthorized
removal of SNM which WCS is
authorized to possess; and
(2) maintenance of a recordkeeping
program showing the receipt, inventory,
acquisition, transfer, and disposal of all
SNM in WCS’ possession.
2. The contents and matrices of the
LANL waste in the inner containers
shall conform to the description in the
WCS non-public information.
3. The physical security plan for the
LANL waste shall be maintained to
specifically include detection,
assessment, and response methods and
procedures for the LANL waste for as
long as the LANL waste is at the WCS
facility.
4. WCS is allowed to possess the
LANL waste for a maximum of 2 years.
5. The LANL waste shall remain
unopened in the inner container in
which it was shipped, unless WCS
needs to take an action on one of the
inner containers based on knowledge
from DOE’s investigation of the WIPP
incident. Only one inner container may
be open at a time.
6. WCS shall keep NRC informed of
the status of the DOE investigation of
the WIPP incident. If DOE determines
that some of LANL waste at WCS was
similar to the waste that DOE
determines to have contributed to the
WIPP incident, then WCS will notify the
NRC.
9. 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.
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Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Notices
10. WCS shall obtain NRC’s approval
prior to changing any activities
associated with the above Conditions.
11. The Director of the Office of
Nuclear Material Safety and Safeguards
(or designee), may, in writing, relax or
rescind any of the above conditions
upon demonstration by WCS of good
cause.
III. Conclusion
Based on the staff’s evaluation, the
NRC 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 NRC hereby grants this
exemption subject to the conditions in
this Order, which implements
concentration-based limits for SNM
quantities not sufficient to form a
critical mass at specific locations at the
WCS facility. This NRC Order is
effective and final 20 days after issuance
of the Order without further order or
proceedings. This NRC’s Order enables
the State of Texas to regulate SNM
materials at the WCS facility under the
State’s radiation protection program as
long as WCS complies with this Order.
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. That finding was
noticed in the Federal Register on
November 6, 2014 (79 FR 65999).
Dated at Rockville, Maryland, this 3rd day
December 2014.
For the Nuclear Regulatory Commission.
Catherine Haney,
Director, Office of Nuclear Material Safety
and Safeguards.
[FR Doc. 2014–29129 Filed 12–10–14; 8:45 am]
BILLING CODE 7590–01–P
POSTAL REGULATORY COMMISSION
[Docket Nos. CP2015–18; Order No. 2275]
New Postal Product
Postal Regulatory Commission.
Notice.
mstockstill on DSK4VPTVN1PROD with NOTICES
AGENCY:
ACTION:
The Commission is noticing a
recent Postal Service filing concerning
an additional Foreign Postal Operators 1
negotiated service agreement with Royal
PostNL BV. This notice informs the
public of the filing, invites public
comment, and takes other
administrative steps.
DATES: Comments are due: December
12, 2014.
ADDRESSES: Submit comments
electronically via the Commission’s
Filing Online system at https://
www.prc.gov. Those who cannot submit
comments electronically should contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section by
telephone for advice on filing
alternatives.
FOR FURTHER INFORMATION CONTACT:
David A. Trissell, General Counsel, at
202–789–6820.
SUPPLEMENTARY INFORMATION:
19:07 Dec 10, 2014
Jkt 235001
officer of the Commission to represent
the interests of the general public in this
proceeding (Public Representative).
3. Comments are due no later than
December 12, 2014.
4. The Secretary shall arrange for
publication of this order in the Federal
Register.
By the Commission.
Ruth Ann Abrams,
Acting Secretary.
[FR Doc. 2014–29028 Filed 12–10–14; 8:45 am]
BILLING CODE 7710–FW–P
Table of Contents
I. Introduction
II. Notice of Commission Action
III. Ordering Paragraphs
SECURITIES AND EXCHANGE
COMMISSION
Sunshine Act Meeting
I. Introduction
On December 4, 2014, the Postal
Service filed notice that it has entered
into an additional Foreign Postal
Operators 1 negotiated service
agreement (Agreement).1
To support its Notice, the Postal
Service filed a copy of the Agreement,
a copy of the Governors’ Decision
authorizing the product, a certification
of compliance with 39 U.S.C. 3633(a),
and an application for non-public
treatment of certain materials. It also
filed supporting financial workpapers.
II. Notice of Commission Action
The Commission establishes Docket
No. CP2015–18 for consideration of
matters raised by the Notice.
The Commission invites comments on
whether the Postal Service’s filing is
consistent with 39 U.S.C. 3632, 3633, or
3642, 39 CFR part 3015, and 39 CFR
part 3020, subpart B. Comments are due
no later than December 12, 2014. The
public portions of the filing can be
accessed via the Commission’s Web site
(https://www.prc.gov).
The Commission appoints James F.
Callow to serve as Public Representative
in this docket.
III. Ordering Paragraphs
It is ordered:
1. The Commission establishes Docket
No. CP2015–18 for consideration of the
matters raised by the Postal Service’s
Notice.
2. Pursuant to 39 U.S.C. 505, James F.
Callow is appointed to serve as an
SUMMARY:
VerDate Sep<11>2014
73651
1 United States Postal Service Notice of Filing
Functionally Equivalent Inbound Competitive
Multi-Service Agreement with Royal PostNL BV
and Application for Non-Public Treatment of
Materials Filed Under Seal, December 4, 2014
(Notice).
PO 00000
Frm 00110
Fmt 4703
Sfmt 9990
Notice is hereby given, pursuant to
the provisions of the Government in the
Sunshine Act, Pub. L. 94–409, that the
Securities and Exchange Commission
Advisory Committee on Small and
Emerging Companies will hold a public
meeting on Wednesday, December 17,
in Multi-Purpose Room LL–006 at the
Commission’s headquarters, 100 F
Street NE., Washington, DC.
The meeting will begin at 9:30 a.m.
(EDT) and will be open to the public.
Seating will be on a first-come, firstserved basis. Doors will open at 9:00
a.m. Visitors will be subject to security
checks. The meeting will be webcast on
the Commission’s Web site at
www.sec.gov.
On December 3, 2014 the Commission
published notice of the Committee
meeting (Release No. 33–9683),
indicating that the meeting is open to
the public and inviting the public to
submit written comments to the
Committee. This Sunshine Act notice is
being issued because a majority of the
Commission may attend the meeting.
The agenda for the meeting includes
matters relating to rules and regulations
affecting small and emerging companies
under the federal securities laws.
For further information, please
contact the Office of the Secretary at
(202) 551–5400.
Dated: December 8, 2014.
Brent J. Fields,
Secretary.
[FR Doc. 2014–29183 Filed 12–9–14; 4:15 pm]
BILLING CODE 8011–01–P
E:\FR\FM\11DEN1.SGM
11DEN1
]]>Agencies
[Federal Register Volume 79, Number 238 (Thursday, December 11, 2014)]
[Notices]
[Pages 73647-73651]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-29129]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 70-7005; NRC-2009-0283; EA-14-104]
Supersede Exemption for Waste Control Specialists, LLC; Andrews
County, Texas
AGENCY: Nuclear Regulatory Commission.
ACTION: Order; issuance.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a new
Order superseding a previously issued Order to Waste Control
Specialists, LLC., (WCS) on October 20, 2009 (2009 Order). The previous
Order exempted WCS from the NRC's regulations concerning special
nuclear material (SNM). The current action is in response to a request
by WCS dated July 18, 2014.
ADDRESSES: Please refer to Docket ID NRC-2009-0283 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly-available information related to this document
using any of the following methods:
Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2009-0283. 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 obtain publicly available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``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
[[Page 73648]]
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: Maurice Heath, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-3137; email:
Maurice.Heath@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
Waste Control Specialists, LLC (WCS), operates a facility in
Andrews County, Texas, that is licensed to process and store certain
types of radioactive material contained in low-level waste (LLW) and
mixed waste (MW). The facility also disposes of hazardous and toxic
waste. Under an Agreement authorized by the Atomic Energy Act, as
amended (AEA), the NRC can relinquish and a State can assume,
regulatory authority over radioactive material specified in an
Agreement with NRC. In 1963, Texas entered into an Agreement and
assumed regulatory authority over source, byproduct and SNM less than a
critical mass.
On November 30, 1997, the State of Texas Department of Health (TDH)
issued WCS a radioactive materials license (RML) to possess, treat, and
store LLW (RML R04971). 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 the TDH for treatment and storage of MW and
LLW. The MW and LLW streams may contain quantities of SNM. In 2007,
regulatory responsibility for RML R04971 was transferred by TDH to the
Texas Commission on Environmental Quality (TCEQ). In September 2009,
the TCEQ issued RML R04100 to WCS for disposal of LLW.
Section 70.3 of Title 10, Code of Federal Regulations (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 submitted to NRC an exemption request from
the licensing requirements in 10 CFR part 70. On November 21, 2001, the
NRC issued an Order to WCS (2001 Order) 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 the WCS storage and treatment facility
in Andrews County, Texas, without obtaining an NRC license pursuant to
10 CFR part 70. The 2001 NRC Order was published in the Federal
Register on November 15, 2001 (66 FR 57489). As seen in the attachments
to the November 21, 2001, NRC letter to WCS (ADAMS Accession No.
ML030130085), the conditions specified in the 2001 Order are discussed
in the October 2001 Environmental Assessment (EA) and November 2001
Safety Evaluation Report (SER) that supported the 2001 Order.
By letters dated August 6, 2003, and March 14, 2004, WCS requested
a modification to the 2001 Order, which would allow it to use
additional reagents for chemical stabilization of mixed waste
containing SNM. The NRC issued the new Order on November 4, 2004 (2004
Order), which superseded the 2001 Order. The 2004 Order was published
in the Federal Register on November 12, 2004 (69 FR 65468). The new
conditions specified in the 2004 Order are discussed in the October
2004 EA (ADAMS Accession No. ML043020614) and SER (ADAMS Accession No.
ML042250362) that supported the 2004 Order. The 2004 Order changed the
2001 Order Conditions to allow WCS to use such chemical reagents as it
deems necessary for treatment and stabilization of mixed waste
containing SNM, provided that the SNM mass does not exceed specified
concentration limits.
By letter dated December 10, 2007, WCS requested additional
modifications to the 2004 Order. The NRC issued the new Order to WCS on
October 20, 2009 (2009 Order), which superseded the 2004 Order. The
2009 Order was published in the Federal Register on October 26, 2009
(74 FR 55072). The new conditions specified in the 2009 Order are
discussed in the October 2009 EA (ADAMS Accession No. ML092460509) and
SER (ADAMS Accession No. ML093070307) that supported the 2009 Order.
The 2009 Order changed the 2004 Order Conditions regarding sampling of
waste, what is allowed to be in the waste, and the amount of highly
water soluble SNM in each waste package.
In July 2013, by Amendment No. 22 of RML R04100, the TCEQ began to
merge the license requirements in RML R04971 (for the radioactive waste
treatment, storage, and processing facility) with the requirements in
RML R04100 (for the LLW land disposal facility). In Amendment No. 22 of
RML R04100, the TCEQ license requirements related to the NRC 2009 Order
in RML R04971 for the WCS treatment, storage, and processing facility
were transferred to RML R04100. Previous Orders referred to that
location as the treatment, storage, and processing facility.
Subsequently, WCS began referring to that location as the ``Treatment,
Storage and Disposal Facility.'' The NRC will use the name ``Treatment,
Storage, and Disposal Facility'' and the abbreviation TSDF to reference
that location in this Order.
The previous NRC Orders (2001, 2004, and 2009) addressed the issue
that 10 CFR 70.3 requires persons who own, acquire, deliver, receive,
possess, use, or transfer SNM to obtain an NRC license pursuant to the
requirements in 10 CFR part 70. However, 10 CFR 150.10 exempts a person
in an Agreement State who possesses SNM in quantities not sufficient to
form a critical mass from the NRC's imposed licensing requirements and
regulations. The method for calculating the quantity of SNM not
sufficient to form a critical mass is set out in 10 CFR 150.11.
Therefore, prior to the NRC 2001 Order, WCS was required to comply with
NRC regulatory requirements and obtain an NRC specific license to
possess SNM in quantities greater than amounts established in 10 CFR
150.11. The 2001 WCS exemption request to NRC proposed to use
concentration-based limits rather than mass-based limits at a specific
location at the WCS facility. The NRC 2001 Order granted, and the
subsequent NRC Orders (2004 and 2009) continued, the use of
concentration-based limits with conditions at a specific location at
the WCS facility. The TCEQ incorporated the concentration-based limits
and conditions from each respective NRC Order (2001, 2004, and 2009)
into the WCS license for the specific location at the WCS facility
where the concentration-based limits instead of mass-based limits are
applicable.
By letter dated July 18, 2014 (ADAMS Accession No. ML14209A660),
WCS requested an exemption from NRC regulations to possess SNM in
excess of
[[Page 73649]]
the critical mass limits specified in 10 CFR 150.11 while temporarily
storing specific waste at a different location at the WCS facility
other than the TSDF. The WCS exemption request referenced the WCS June
20, 2014, letter to the NRC (ADAMS Accession No. ML14171A554) that
notified the NRC of actions that WCS had taken in response to the on-
going U.S. Department of Energy (DOE) investigation of an unplanned
radiation release event at the DOE Waste Isolation Pilot Plant (WIPP)
facility (i.e., the WIPP incident). The specific waste includes some of
the transuranic waste that originated at the DOE Los Alamos National
Laboratory (LANL), which are destined to be disposed of at the DOE WIPP
facility (i.e., LANL waste). Due to the February 14, 2014, WIPP
incident, the DOE suspended operations at the WIPP facility. In April
2014, WCS began receiving some of the LANL waste from DOE, which met
the conditions in the NRC 2009 Order. WCS intended to temporarily store
the LANL waste at the TSDF at the WCS facility until WCS ships the
waste.
Based on the DOE investigation of the WIPP incident, DOE
subsequently informed WCS that some of the LANL waste being temporarily
stored at the WCS TSDF could, under certain conditions, react and
potentially result in a release of transuranic radionuclides to the
environment. On June 12, 2014, WCS responded to DOE's information by
starting to voluntarily move the identified LANL waste to the Federal
Waste Disposal Facility (FWF) at the WCS facility for temporary
storage.
After evaluating WCS's exemption request, the NRC staff decided
that the appropriate action is to grant the request, contingent on
compliance with the additional conditions contained in the 2014 Order.
The reasons for this decision are further described in the SER for this
request (ADAMS Accession No. ML14230A804).
II. Conditions
Currently, WCS is exempted from the requirements of 10 CFR part 70,
including the requirements for an NRC license in 10 CFR 70.3. This
Order supersedes the 2009 Order that applies to the WCS treatment,
storage and processing facility. Previous Orders referred to that
location as the treatment, storage, and processing facility.
Subsequently, WCS began referring to that location as the ``Treatment,
Storage and Disposal Facility.'' The NRC will use the name ``Treatment,
Storage, and Disposal Facility'' and the abbreviation TSDF to reference
that location in the 2014 Order.
The NRC reviewed the information in the WCS request and, along with
clarifying teleconference calls and other public and non-public
information provided by WCS, the NRC decided that the appropriate
action is to grant the WCS exemption request, but has modified WCS'
exemption request to include additional conditions which are reflected
in this 2014 Order. As described in the SER Report for this request,
the NRC has determined that the modified conditions in the 2014 Order
will not endanger life or property or the common defense and security
and is otherwise in the public interest to allow for movement and the
temporary storage of the identified LANL waste at WCS FWF.
Conditions 1 through 7 remain the same as in the 2009 Order. A new
Condition 8 was created in this 2014 Order to address the NRC's
modification of WCS' exemption request. The new Condition 8 applies to
the LANL waste stored at either the TSDF or the FWF. Condition 8 in the
2009 Order was renumbered as Condition 9 in this 2014 Order. Condition
9 in the 2009 Order is renumbered as Condition 10 in this 2014 Order. A
new Condition 11 was created in this 2014 Order. As such, Conditions 1
through 11 of this 2014 Order now read as the following:
1. Concentrations of SNM in individual waste containers and/or
during processing shall not exceed the following values:
------------------------------------------------------------------------
Operational Measurement
limit (gram uncertainty
SNM isotope SNM/gram (gram SNM/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] TN11DE14.028
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:
------------------------------------------------------------------------
Carbon Fluorine Bismuth
SNM isotope wt % wt % wt %
------------------------------------------------------------------------
U-233..................................... 28 34 34
U-235(10)................................. 25 35 31
U-235(100)................................ 41 42 33
Pu-239.................................... 43 43 34
Pu-241.................................... 37 39 32
------------------------------------------------------------------------
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
[[Page 73650]]
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.
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.
b. 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.
c. 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 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. The ``WIPP incident'' is the February 14, 2014, unplanned
radiation release event at the DOE WIPP facility in New Mexico. The
following relate to WCS storing DOE transuranic waste that originated
at the LANL, which are destined to be disposed of at the DOE WIPP
facility (i.e., ``LANL waste''), at either the WCS Treatment, Storage,
and Disposal Facility (TSDF) or the WCS Federal Waste Disposal Facility
(FWF):
A. The following conditions are applicable to LANL waste stored at
the Federal Waste Disposal Facility (FWF) and other SNM bearing waste
stored or disposed of at the FWF:
1. The following waste is allowed to be stored at the WCS FWF: LANL
waste in accordance with the concentration-based limits specified in
Conditions 1 through 7, provided that it is in Standardized Waste Boxes
(SWBs) analyzed to be safe in the DOE ``Nuclear Critical Safety
Evaluation,'' WIPP-016, Rev. 4. The lids of the SWBs shall be bolted or
similarly secured to the body and the SWBs shall be placed inside
Modular Concrete Canisters (MCCs) consistent with the configurations
analyzed in WIPP-016.
2. The LANL waste shall be isolated from other SNM-bearing waste by
a minimum of 6.096 meters (20 feet).
3. The LANL waste in MCCs shall be stacked no more than one MCC
high.
B. The following conditions are applicable to all the LANL waste
stored at either the TSDF or the FWF:
1. WCS shall follow the general reporting and recordkeeping
requirements of 10 CFR part 73 that are applicable to those who possess
SNM of 1 gram or more. Those requirements are:
(1) Notification to the NRC within 1 hour of discovery of any
unauthorized removal of SNM which WCS is authorized to possess; and
(2) maintenance of a recordkeeping program showing the receipt,
inventory, acquisition, transfer, and disposal of all SNM in WCS'
possession.
2. The contents and matrices of the LANL waste in the inner
containers shall conform to the description in the WCS non-public
information.
3. The physical security plan for the LANL waste shall be
maintained to specifically include detection, assessment, and response
methods and procedures for the LANL waste for as long as the LANL waste
is at the WCS facility.
4. WCS is allowed to possess the LANL waste for a maximum of 2
years.
5. The LANL waste shall remain unopened in the inner container in
which it was shipped, unless WCS needs to take an action on one of the
inner containers based on knowledge from DOE's investigation of the
WIPP incident. Only one inner container may be open at a time.
6. WCS shall keep NRC informed of the status of the DOE
investigation of the WIPP incident. If DOE determines that some of LANL
waste at WCS was similar to the waste that DOE determines to have
contributed to the WIPP incident, then WCS will notify the NRC.
9. 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.
[[Page 73651]]
10. WCS shall obtain NRC's approval prior to changing any
activities associated with the above Conditions.
11. The Director of the Office of Nuclear Material Safety and
Safeguards (or designee), may, in writing, relax or rescind any of the
above conditions upon demonstration by WCS of good cause.
III. Conclusion
Based on the staff's evaluation, the NRC 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 NRC hereby grants this
exemption subject to the conditions in this Order, which implements
concentration-based limits for SNM quantities not sufficient to form a
critical mass at specific locations at the WCS facility. This NRC Order
is effective and final 20 days after issuance of the Order without
further order or proceedings. This NRC's Order enables the State of
Texas to regulate SNM materials at the WCS facility under the State's
radiation protection program as long as WCS complies with this Order.
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. That
finding was noticed in the Federal Register on November 6, 2014 (79 FR
65999).
Dated at Rockville, Maryland, this 3rd day December 2014.
For the Nuclear Regulatory Commission.
Catherine Haney,
Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2014-29129 Filed 12-10-14; 8:45 am]
BILLING CODE 7590-01-P
