Waste Control Specialists LLC; Environmental Assessment and Finding of No Significant Impact, 85991-85994 [2024-25080]
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Federal Register / Vol. 89, No. 209 / Tuesday, October 29, 2024 / Notices
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problems with ADAMS, please contact
the NRC’s Public Document Room (PDR)
reference staff at 1–800–397–4209, at
301–415–4737, or by email to
PDR.Resource@nrc.gov. The supporting
statement and burden spreadsheet are
available in ADAMS under Accession
Nos. ML24213A020 and ML24213A019,
respectively.
• NRC’s PDR: The PDR, where you
may examine and order copies of
publicly available documents, is open
by appointment. To make an
appointment to visit the PDR, please
send an email to PDR.Resource@nrc.gov
or call 1–800–397–4209 or 301–415–
4737, between 8 a.m. and 4 p.m. eastern
time (ET), Monday through Friday,
except Federal holidays.
• NRC’s Clearance Officer: A copy of
the collection of information and related
instructions may be obtained without
charge by contacting the NRC’s
Clearance Officer, David Cullison,
Office of the Chief Information Officer,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–415–2084; email:
Infocollects.Resource@nrc.gov.
B. Submitting Comments
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to https://www.reginfo.gov/
public/do/PRAMain. Find this
particular information collection by
selecting ‘‘Currently under Review—
Open for Public Comments’’ or by using
the search function.
The NRC cautions you not to include
identifying or contact information in
comment submissions that you do not
want to be publicly disclosed in your
comment submission. All comment
submissions are posted at https://
www.regulations.gov and entered into
ADAMS. Comment submissions are not
routinely edited to remove identifying
or contact information.
If you are requesting or aggregating
comments from other persons for
submission to the OMB, then you
should inform those persons not to
include identifying or contact
information that they do not want to be
publicly disclosed in their comment
submission. Your request should state
that comment submissions are not
routinely edited to remove such
information before making the comment
submissions available to the public or
entering the comment into ADAMS.
II. Background
Under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35), the NRC recently
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submitted a request for renewal of an
existing collection of information to
OMB for review entitled, ‘‘General
Domestic Licenses for Byproduct
Material.’’ The NRC hereby informs
potential respondents that an agency
may not conduct or sponsor, and that a
person is not required to respond to, a
collection of information unless it
displays a currently valid OMB control
number.
The NRC published a Federal
Register notice with a 60-day comment
period on this information collection on
May 24, 2024, 89 FR 45927.
1. The title of the information
collection: General Domestic Licenses
for Byproduct Material.
2. OMB approval number: 3150–0016.
3. Type of submission: Extension.
4. The form number, if applicable:
Not applicable.
5. How often the collection is required
or requested: Reports are submitted as
events occur. General license
registration requests may be submitted
at any time. Changes to the information
on the registration may be submitted as
they occur. Devices meeting certain
criteria must be registered annually.
6. Who will be required or asked to
respond: Persons receiving, possessing,
using, or transferring devices containing
byproduct material.
7. The estimated number of annual
responses: 172,694 (10,418 reporting
responses + 226 third-party responses +
162,050 recordkeepers).
8. The estimated number of annual
respondents: 162,050 (18,843 NRC
licensee respondents + 143,207,
Agreement State licensee respondents).
9. The estimated number of hours
needed annually to comply with the
information collection requirement or
request: 45,116 hours.
10. Abstract: Part 31 of title 10 of the
Code of Federal Regulations (10 CFR),
‘‘General Domestic Licenses for
Byproduct Material’’ establishes general
licenses for the possession and use of
byproduct material in certain devices.
General licensees are required to keep
testing records and submit event reports
identified in 10 CFR part 31, which
assist the NRC in determining, with
reasonable assurance, that devices are
operated safely and without radiological
hazard to users or the public.
Dated: October 24, 2024.
For the Nuclear Regulatory Commission.
David Cullison,
NRC Clearance Officer, Office of the Chief
Information Officer.
[FR Doc. 2024–25093 Filed 10–28–24; 8:45 am]
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85991
NUCLEAR REGULATORY
COMMISSION
[Docket No. 70–7005; NRC–2024–0164]
Waste Control Specialists LLC;
Environmental Assessment and
Finding of No Significant Impact
Nuclear Regulatory
Commission.
ACTION: Notice; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing an
environmental assessment (EA) and
finding of no significant impact (FONSI)
in support of the NRC’s consideration of
a request from Waste Control Specialists
LLC (WCS) to continue to possess
certain transuranic waste, which
originated from the Los Alamos
National Laboratory (LANL), without an
NRC license under the terms of a 2023
Order. The 2023 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 May 24, 2024, to extend
the possession time of certain waste at
specific locations at the facility in
Andrews County, Texas (WCS Site)
until December 31, 2026.
DATES: October 29, 2024.
ADDRESSES: Please refer to Docket ID
NRC–2024–0164 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 website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2024–0164. Address
questions about Docket IDs in
Regulations.gov to Stacy Schumann;
telephone: 301–415–0624; email:
Stacy.Schumann@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
‘‘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, at
301–415–4737, or by email to
PDR.Resource@nrc.gov. For the
convenience of the reader, instructions
about obtaining materials referenced in
this document are provided in the
‘‘Availability of Documents’’ section.
• NRC’s PDR: The PDR, where you
may examine and order copies of
SUMMARY:
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Federal Register / Vol. 89, No. 209 / Tuesday, October 29, 2024 / Notices
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publicly available documents, is open
by appointment. To make an
appointment to visit the PDR, please
send an email to PDR.Resource@nrc.gov
or call 1–800–397–4209 or 301–415–
4737, between 8 a.m. and 4 p.m. eastern
time (ET), Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Harry Felsher, Office of Nuclear
Material Safety and Safeguards; U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–415–6559; email: Harry.Felsher@
nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Discussion
The NRC is considering modifying a
previously issued order condition that
would allow Waste Control Specialists
LLC (WCS) to continue possessing
certain transuranic waste, which
originated from the Los Alamos
National Laboratory (LANL), without an
NRC license for another two years at its
Andrews County, Texas site. WCS
possesses the transuranic waste at issue
under the terms of the 2023 Order.
Based on the results of the EA that
follows, the NRC is issuing a FONSI
and, therefore, does not need to prepare
an environmental impact statement.
WCS operates a facility in Andrews
County, Texas (WCS Site) that is
licensed to process, store, and perform
certain operations with certain types of
radioactive material contained in lowlevel waste (LLW) and mixed waste. The
WCS Site is also licensed to dispose of
certain radioactive, hazardous, and toxic
waste. Under an agreement authorized
by the Atomic Energy Act of 1954, as
amended, a State can assume regulatory
authority over radioactive material. In
1963, Texas entered into such an
agreement and assumed regulatory
authority over source material,
byproduct material, and SNM under
critical mass. The WCS Site is licensed
by the Texas Commission on
Environmental Quality (TCEQ) for
possession, treatment/operations, and
storage of radioactive waste and
disposal of LLW under Radioactive
Materials License (RML) R04100.
Section 70.3 of title 10 of the Code of
Federal Regulations (10 CFR) 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 equal to or greater than
critical mass quantities. However,
pursuant to 10 CFR 70.17(a), ‘‘the
Commission may . . . grant such
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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.’’
On September 25, 2000, WCS first
requested an exemption 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 from certain NRC
regulations and permitting 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
without obtaining an NRC license
pursuant to 10 CFR part 70. The 2001
Order was published in the Federal
Register on November 15, 2001. The
NRC issued superseding Orders to WCS
in 2004 (i.e., modified list of reagents),
2009 (i.e., modified sampling
requirements), 2014 (i.e., modified to
include storage of LANL Waste), and
2023 (i.e. modified to allow certain
movement of LANL Waste, to allow
certain preparation for shipment
operations with LANL Waste, to update
storage of LANL Waste) that modified
the conditions in the 2001 Order. In
addition, WCS’ authorization to possess
the LANL waste was previously
extended in two-year increments in
2016, 2018, 2020, and 2022.
On February 14, 2014, a radiation
release event occurred at the U.S.
Department of Energy (DOE) Waste
Isolation Pilot Plant (WIPP) Facility
(WIPP Incident). In response, the DOE
suspended operations at the WIPP
Facility. In April 2014, WCS began
receiving some specific waste from DOE
that both WCS and DOE understood to
meet both the U.S. Department of
Transportation (DOT) shipping
requirements and the conditions in the
2009 Order. WCS began storing that
waste at the Treatment, Storage, and
Disposal Facility (TSDF) (previously
known as Storage and Treatment
Facility) on the WCS Site, identified as
the Storage and Processing Facility in
RML R04100, which is the WCS TCEQissued license. The waste was DOE
transuranic waste that originated at
LANL that was destined to be disposed
of at the DOE WIPP Facility (i.e., ‘‘LANL
Waste’’). In June 2014, WCS received
information from DOE that some of the
LANL Waste being temporarily stored at
the TSDF may be of concern as the
waste is similar to the waste that caused
an incident at WIPP. In response, WCS
moved some of the LANL Waste from
the TSDF to the WCS’ Federal Waste
Facility (FWF) Disposal Cell for
temporary storage.
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By letter dated June 30, 2022, WCS
requested a superseding NRC order to:
(1) move the DOE LANL Waste from the
FWF Disposal Cell to the TSDF Bin
Storage Area-1 (BSA–1) Enclosure, (2)
prepare the LANL Waste in the TSDF
BSA–1 Enclosure for shipment, and (3)
temporarily store the LANL Waste in the
TSDF BSA–1 Enclosure until the DOE
ships the LANL Waste off the WCS Site
to a DOE determined location. By letter
dated May 22, 2023, the NRC approved
the WCS request and issued the
superseding 2023 Order.
By letter dated May 24, 2024, WCS
requested that the effectiveness of its
exemption from NRC requirements in 10
CFR part 70 be extended with the
modification of Condition 9.B.4 of the
2023 Order to extend the timeframe for
temporarily allowing possession of the
LANL Waste at the WCS Site to ‘‘until
December 31, 2026.’’ That proposal is
the subject of this EA.
II. Environmental Assessment
Description of the Proposed Action
The proposed action is to modify the
2023 Order Condition 9.B.4 to allow
WCS to continue to possess the LANL
Waste at specific locations at the WCS
Site until December 31, 2026, without
an NRC license.
Need for the Proposed Action
WCS made the request to continue to
possess the LANL Waste while the DOEled Interagency Project Team (including
WCS, DOE, U.S. Environmental
Protection Agency, NRC, the State of
Texas, and the State of New Mexico)
works to recommend a path forward for
disposition of the LANL Waste. Also,
while the DOE WIPP Facility has
resumed operations, some of the LANL
Waste at the WCS Site cannot be
shipped off the site at this time because
it does not meet DOT shipping
requirements.
The purpose of this EA is to assess the
potential environmental impacts of the
WCS request to modify the 2023 Order
Condition 9.B.4 to allow WCS to possess
the LANL Waste at specific locations at
the WCS Site until December 31, 2026,
under the other 2023 Order Conditions.
This EA does not approve or deny the
requested action.
Environmental Impacts of the Proposed
Action
The NRC does not expect changes in
radiation hazards to workers or to the
environment. WCS will continue to be
required to ensure that the LANL Waste
on the WCS Site is possessed safely and
securely. WCS will continue to be
required to notify the NRC of any events
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as appropriate, as set out in the 2023
Order. No changes to its handling or
associated hazards would occur as a
result of granting the requested change.
Other environmental impacts would be
the same as evaluated in the EA that
supported the 2023 Order, as applicable
to the activities associated with the
continued safe possession of the LANL
Waste.
Environmental Impacts of the
Alternatives to the Proposed Action
As an alternative to the proposed
action, the NRC staff could deny the
WCS request and, therefore, not issue a
modification to the Order Condition
9.B.4 that would authorize continued
possession of the LANL Waste at the
WCS Site after December 31, 2024 (i.e.,
the ‘‘no action’’ alternative).
Upon expiration of the timeframe in
the 2023 Order Condition 9.B.4, WCS
would still be required to maintain the
material safely. In addition, the NRC
authorization of any change to the
current possession of the LANL Waste at
the WCS Site would still be required. As
a result, under this alternative, there
would be no environmental impacts
different from the proposed action,
although WCS would be expected to
secure a license or other regulatory
authorization for the possession of
LANL Waste or potentially be in
violation of 10 CFR part 70 upon the
expiration of the term in the 2023 Order
Condition 9.B.4. For the reasons noted
in this notice, removing the material
from the site prior to the expiration of
the current term is not part of the noaction alternative.
Thus, the ‘‘no action’’ alternative
would not result in changes to the
environmental impacts evaluated in the
NRC’s prior EAs that supported the
2023 Order or the previous NRC orders.
Those prior EAs concluded that there
would be no significant radiological or
non-radiological environmental impacts
associated with the possession of LANL
Waste at the WCS Site, consistent with
the conditions in those NRC orders.
Agencies and Persons Consulted
On October 1, 2024, the staff provided
a copy of the draft EA to the TCEQ for
its review and comment. The TCEQ
provided its comments on October 1,
2024. The NRC staff updated the EA in
response to the TCEQ comments, as
appropriate.
The proposed action does not involve
the development or disturbance of
additional land. Hence, the NRC has
determined that the proposed action
will not affect listed endangered or
threatened species or their critical
habitat. Therefore, no further
consultation is required under Section 7
of the Endangered Species Act.
Likewise, the NRC staff has determined
that the proposed action does not have
the potential to cause effects on
historical properties even if present and
no ground disturbing activities are
associated with the proposed action.
Therefore, no consultation is required
under Section 106 of the National
Historic Preservation Act.
III. Finding of No Significant Impact
The NRC has reviewed the WCS May
24, 2024, request to supplement the
2023 Order to extend the possession
time of the LANL Waste at specific
locations at the WCS Site. The NRC has
found that effluent releases and
potential radiological doses to the
public are not anticipated to change as
a result of this action and that
occupational exposures are expected to
remain within regulatory limits and as
low as reasonably achievable. On the
basis of this EA, the NRC concludes that
the proposed action will not have a
significant effect on the quality of the
human environment.
Accordingly, the NRC has determined
not to prepare an environmental impact
statement for the proposed action.
IV. Availability of Documents
The documents identified in the
following table are available to
interested persons through one or more
of the following methods, as indicated.
Adams accession
No. / Federal
Register
citation
Document description
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WCS Request to Extend Possession Timeframe of LANL Waste until December 31, 2026, dated May 24, 2024 ....................
Environmental Assessment and Finding of No Significant Impact for 2023 NRC Order, dated May 15, 2023 ...........................
2023 NRC Order, dated May 22, 2023 .........................................................................................................................................
Environmental Assessment and Finding of No Significant Impact for 2020 NRC Letter, dated May 24, 2022 ...........................
NRC Letter Approving Extending Possession Timeframe, dated June 8, 2022 ...........................................................................
Environmental Assessment and Finding of No Significant Impact for 2020 NRC Letter, dated November 24, 2020 .................
NRC Letter Approving Extending Possession Timeframe, dated December 7, 2020 ..................................................................
Environmental Assessment and Finding of No Significant Impact for 2018 NRC Letter, dated December 12, 2018 .................
NRC Letter Approving Extending Possession Timeframe, dated December 19, 2018 ................................................................
NRC Letter Approving Extending Possession Timeframe, dated September 23, 2016 ...............................................................
Environmental Assessment and Finding of No Significant Impact for 2014 NRC Order, dated October 30, 2014 .....................
2014 NRC Order, dated December 3, 2014 .................................................................................................................................
Environmental Assessment and Finding of No Significant Impact for 2009 NRC Order, dated October 7, 2009 .......................
2009 NRC Order, dated October 20, 2009 ...................................................................................................................................
Environmental Assessment and Finding of No Significant Impact for 2004 NRC Order, dated October 14, 2004 .....................
2004 NRC Order, dated November 5, 2004 .................................................................................................................................
Environmental Assessment and Finding of No Significant Impact for 2001 NRC Order, dated October 18, 2001 .....................
2001 NRC Order, dated October 30, 2001 ...................................................................................................................................
2000 WCS Request for Initial Order, dated September 25, 2000 ................................................................................................
Dated: October 24, 2024.
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For the Nuclear Regulatory Commission.
Jane Marshall,
Director, Division of Decommissioning,
Uranium Recovery, and Waste Programs,
Office of Nuclear Material Safety and
Safeguards.
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85994
Federal Register / Vol. 89, No. 209 / Tuesday, October 29, 2024 / Notices
[FR Doc. 2024–25080 Filed 10–28–24; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2024–0187]
Monthly Notice; Applications and
Amendments to Facility Operating
Licenses and Combined Licenses
Involving No Significant Hazards
Considerations
Nuclear Regulatory
Commission.
ACTION: Monthly notice.
khammond on DSKJM1Z7X2PROD with NOTICES
AGENCY:
see ‘‘Obtaining Information and
Submitting Comments’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
Susan Lent, Office of Nuclear Reactor
Regulation, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001; telephone: 301–415–1365; email:
Susan.Lent@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and
Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC–2024–
0187, facility name, unit number(s),
SUMMARY: Pursuant to section 189a.(2) of docket number(s), application date, and
the Atomic Energy Act of 1954, as
subject when contacting the NRC about
amended (the Act), the U.S. Nuclear
the availability of information for this
Regulatory Commission (NRC) is
action. You may obtain publicly
publishing this regular monthly notice.
available information related to this
The Act requires the Commission to
action by any of the following methods:
publish notice of any amendments
• Federal Rulemaking Website: Go to
issued, or proposed to be issued, and
https://www.regulations.gov and search
grants the Commission the authority to
for Docket ID NRC–2024–0187.
issue and make immediately effective
• NRC’s Agencywide Documents
any amendment to an operating license
Access and Management System
or combined license, as applicable,
(ADAMS): You may obtain publicly
upon a determination by the
available documents online in the
Commission that such amendment
ADAMS Public Documents collection at
involves no significant hazards
https://www.nrc.gov/reading-rm/
consideration (NSHC), notwithstanding
adams.html. To begin the search, select
the pendency before the Commission of ‘‘Begin Web-based ADAMS Search.’’ For
a request for a hearing from any person. problems with ADAMS, please contact
DATES: Comments must be filed by
the NRC’s Public Document Room (PDR)
November 29, 2024. A request for a
reference staff at 1–800–397–4209, at
hearing or petitions for leave to
301–415–4737, or by email to
intervene must be filed by December 30, PDR.Resource@nrc.gov. For the
2024. This monthly notice includes all
convenience of the reader, instructions
amendments issued, or proposed to be
about obtaining materials referenced in
issued, from September 13, 2024, to
this document are provided in the
October 10, 2024. The last monthly
‘‘Availability of Documents’’ section.
notice was published on October 1,
• NRC’s PDR: The PDR, where you
2024.
may examine and order copies of
publicly available documents, is open
ADDRESSES: You may submit comments
by appointment. To make an
by any of the following methods;
however, the NRC encourages electronic appointment to visit the PDR, please
send an email to PDR.Resource@nrc.gov
comment submission through the
or call 1–800–397–4209 or 301–415–
Federal rulemaking website.
• Federal rulemaking website: Go to
4737, between 8 a.m. and 4 p.m. eastern
https://www.regulations.gov and search
time (ET), Monday through Friday,
for Docket ID NRC–2024–0187. Address except Federal holidays.
questions about Docket IDs in
B. Submitting Comments
Regulations.gov to Stacy Schumann;
The NRC encourages electronic
telephone: 301–415–0624; email:
Stacy.Schumann@nrc.gov. For technical comment submission through the
Federal rulemaking website (https://
questions, contact the individual listed
www.regulations.gov). Please include
in the FOR FURTHER INFORMATION
Docket ID NRC–2024–0187, facility
CONTACT section of this document.
name, unit number(s), docket
• Mail comments to: Office of
number(s), application date, and
Administration, Mail Stop: TWFN–7–
subject, in your comment submission.
A60M, U.S. Nuclear Regulatory
The NRC cautions you not to include
Commission, Washington, DC 20555–
identifying or contact information that
0001, ATTN: Program Management,
you do not want to be publicly
Announcements and Editing Staff.
disclosed in your comment submission.
For additional direction on obtaining
The NRC will post all comment
information and submitting comments,
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submissions at https://
www.regulations.gov as well as enter the
comment submissions into ADAMS.
The NRC does not routinely edit
comment submissions to remove
identifying or contact information.
If you are requesting or aggregating
comments from other persons for
submission to the NRC, then you should
inform those persons not to include
identifying or contact information that
they do not want to be publicly
disclosed in their comment submission.
Your request should state that the NRC
does not routinely edit comment
submissions to remove such information
before making the comment
submissions available to the public or
entering the comment into ADAMS.
II. Notice of Consideration of Issuance
of Amendments to Facility Operating
Licenses and Combined Licenses and
Proposed No Significant Hazards
Consideration Determination
For the facility-specific amendment
requests shown in this notice, the
Commission finds that the licensees’
analyses provided, consistent with
section 50.91 of title 10 of the Code of
Federal Regulations (10 CFR) ‘‘Notice
for public comment; State
consultation,’’ are sufficient to support
the proposed determinations that these
amendment requests involve NSHC.
Under the Commission’s regulations in
10 CFR 50.92, operation of the facilities
in accordance with the proposed
amendments would not (1) involve a
significant increase in the probability or
consequences of an accident previously
evaluated; or (2) create the possibility of
a new or different kind of accident from
any accident previously evaluated; or
(3) involve a significant reduction in a
margin of safety.
The Commission is seeking public
comments on these proposed
determinations. Any comments received
within 30 days after the date of
publication of this notice will be
considered in making any final
determinations.
Normally, the Commission will not
issue the amendments until the
expiration of 60 days after the date of
publication of this notice. The
Commission may issue any of these
license amendments before expiration of
the 60-day period provided that its final
determination is that the amendment
involves NSHC. In addition, the
Commission may issue any of these
amendments prior to the expiration of
the 30-day comment period if
circumstances change during the 30-day
comment period such that failure to act
in a timely way would result, for
example in derating or shutdown of the
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]]>Agencies
[Federal Register Volume 89, Number 209 (Tuesday, October 29, 2024)]
[Notices]
[Pages 85991-85994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25080]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 70-7005; NRC-2024-0164]
Waste Control Specialists LLC; Environmental Assessment and
Finding of No Significant Impact
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
environmental assessment (EA) and finding of no significant impact
(FONSI) in support of the NRC's consideration of a request from Waste
Control Specialists LLC (WCS) to continue to possess certain
transuranic waste, which originated from the Los Alamos National
Laboratory (LANL), without an NRC license under the terms of a 2023
Order. The 2023 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 May 24, 2024, to extend the
possession time of certain waste at specific locations at the facility
in Andrews County, Texas (WCS Site) until December 31, 2026.
DATES: October 29, 2024.
ADDRESSES: Please refer to Docket ID NRC-2024-0164 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 website: Go to https://www.regulations.gov and search for Docket ID NRC-2024-0164. Address
questions about Docket IDs in Regulations.gov to Stacy Schumann;
telephone: 301-415-0624; email: [email protected]. 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 ``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, at 301-415-4737,
or by email to [email protected]. For the convenience of the reader,
instructions about obtaining materials referenced in this document are
provided in the ``Availability of Documents'' section.
NRC's PDR: The PDR, where you may examine and order copies
of
[[Page 85992]]
publicly available documents, is open by appointment. To make an
appointment to visit the PDR, please send an email to
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Harry Felsher, Office of Nuclear
Material Safety and Safeguards; U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-6559; email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Discussion
The NRC is considering modifying a previously issued order
condition that would allow Waste Control Specialists LLC (WCS) to
continue possessing certain transuranic waste, which originated from
the Los Alamos National Laboratory (LANL), without an NRC license for
another two years at its Andrews County, Texas site. WCS possesses the
transuranic waste at issue under the terms of the 2023 Order. Based on
the results of the EA that follows, the NRC is issuing a FONSI and,
therefore, does not need to prepare an environmental impact statement.
WCS operates a facility in Andrews County, Texas (WCS Site) that is
licensed to process, store, and perform certain operations with certain
types of radioactive material contained in low-level waste (LLW) and
mixed waste. The WCS Site is also licensed to dispose of certain
radioactive, hazardous, and toxic waste. Under an agreement authorized
by the Atomic Energy Act of 1954, as amended, a State can assume
regulatory authority over radioactive material. In 1963, Texas entered
into such an agreement and assumed regulatory authority over source
material, byproduct material, and SNM under critical mass. The WCS Site
is licensed by the Texas Commission on Environmental Quality (TCEQ) for
possession, treatment/operations, and storage of radioactive waste and
disposal of LLW under Radioactive Materials License (RML) R04100.
Section 70.3 of title 10 of the Code of Federal Regulations (10
CFR) 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 equal to or greater than
critical mass quantities. 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.''
On September 25, 2000, WCS first requested an exemption 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 from certain
NRC regulations and permitting 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 without
obtaining an NRC license pursuant to 10 CFR part 70. The 2001 Order was
published in the Federal Register on November 15, 2001. The NRC issued
superseding Orders to WCS in 2004 (i.e., modified list of reagents),
2009 (i.e., modified sampling requirements), 2014 (i.e., modified to
include storage of LANL Waste), and 2023 (i.e. modified to allow
certain movement of LANL Waste, to allow certain preparation for
shipment operations with LANL Waste, to update storage of LANL Waste)
that modified the conditions in the 2001 Order. In addition, WCS'
authorization to possess the LANL waste was previously extended in two-
year increments in 2016, 2018, 2020, and 2022.
On February 14, 2014, a radiation release event occurred at the
U.S. Department of Energy (DOE) Waste Isolation Pilot Plant (WIPP)
Facility (WIPP Incident). In response, the DOE suspended operations at
the WIPP Facility. In April 2014, WCS began receiving some specific
waste from DOE that both WCS and DOE understood to meet both the U.S.
Department of Transportation (DOT) shipping requirements and the
conditions in the 2009 Order. WCS began storing that waste at the
Treatment, Storage, and Disposal Facility (TSDF) (previously known as
Storage and Treatment Facility) on the WCS Site, identified as the
Storage and Processing Facility in RML R04100, which is the WCS TCEQ-
issued license. The waste was DOE transuranic waste that originated at
LANL that was destined to be disposed of at the DOE WIPP Facility
(i.e., ``LANL Waste''). In June 2014, WCS received information from DOE
that some of the LANL Waste being temporarily stored at the TSDF may be
of concern as the waste is similar to the waste that caused an incident
at WIPP. In response, WCS moved some of the LANL Waste from the TSDF to
the WCS' Federal Waste Facility (FWF) Disposal Cell for temporary
storage.
By letter dated June 30, 2022, WCS requested a superseding NRC
order to: (1) move the DOE LANL Waste from the FWF Disposal Cell to the
TSDF Bin Storage Area-1 (BSA-1) Enclosure, (2) prepare the LANL Waste
in the TSDF BSA-1 Enclosure for shipment, and (3) temporarily store the
LANL Waste in the TSDF BSA-1 Enclosure until the DOE ships the LANL
Waste off the WCS Site to a DOE determined location. By letter dated
May 22, 2023, the NRC approved the WCS request and issued the
superseding 2023 Order.
By letter dated May 24, 2024, WCS requested that the effectiveness
of its exemption from NRC requirements in 10 CFR part 70 be extended
with the modification of Condition 9.B.4 of the 2023 Order to extend
the timeframe for temporarily allowing possession of the LANL Waste at
the WCS Site to ``until December 31, 2026.'' That proposal is the
subject of this EA.
II. Environmental Assessment
Description of the Proposed Action
The proposed action is to modify the 2023 Order Condition 9.B.4 to
allow WCS to continue to possess the LANL Waste at specific locations
at the WCS Site until December 31, 2026, without an NRC license.
Need for the Proposed Action
WCS made the request to continue to possess the LANL Waste while
the DOE-led Interagency Project Team (including WCS, DOE, U.S.
Environmental Protection Agency, NRC, the State of Texas, and the State
of New Mexico) works to recommend a path forward for disposition of the
LANL Waste. Also, while the DOE WIPP Facility has resumed operations,
some of the LANL Waste at the WCS Site cannot be shipped off the site
at this time because it does not meet DOT shipping requirements.
The purpose of this EA is to assess the potential environmental
impacts of the WCS request to modify the 2023 Order Condition 9.B.4 to
allow WCS to possess the LANL Waste at specific locations at the WCS
Site until December 31, 2026, under the other 2023 Order Conditions.
This EA does not approve or deny the requested action.
Environmental Impacts of the Proposed Action
The NRC does not expect changes in radiation hazards to workers or
to the environment. WCS will continue to be required to ensure that the
LANL Waste on the WCS Site is possessed safely and securely. WCS will
continue to be required to notify the NRC of any events
[[Page 85993]]
as appropriate, as set out in the 2023 Order. No changes to its
handling or associated hazards would occur as a result of granting the
requested change. Other environmental impacts would be the same as
evaluated in the EA that supported the 2023 Order, as applicable to the
activities associated with the continued safe possession of the LANL
Waste.
Environmental Impacts of the Alternatives to the Proposed Action
As an alternative to the proposed action, the NRC staff could deny
the WCS request and, therefore, not issue a modification to the Order
Condition 9.B.4 that would authorize continued possession of the LANL
Waste at the WCS Site after December 31, 2024 (i.e., the ``no action''
alternative).
Upon expiration of the timeframe in the 2023 Order Condition 9.B.4,
WCS would still be required to maintain the material safely. In
addition, the NRC authorization of any change to the current possession
of the LANL Waste at the WCS Site would still be required. As a result,
under this alternative, there would be no environmental impacts
different from the proposed action, although WCS would be expected to
secure a license or other regulatory authorization for the possession
of LANL Waste or potentially be in violation of 10 CFR part 70 upon the
expiration of the term in the 2023 Order Condition 9.B.4. For the
reasons noted in this notice, removing the material from the site prior
to the expiration of the current term is not part of the no-action
alternative.
Thus, the ``no action'' alternative would not result in changes to
the environmental impacts evaluated in the NRC's prior EAs that
supported the 2023 Order or the previous NRC orders. Those prior EAs
concluded that there would be no significant radiological or non-
radiological environmental impacts associated with the possession of
LANL Waste at the WCS Site, consistent with the conditions in those NRC
orders.
Agencies and Persons Consulted
On October 1, 2024, the staff provided a copy of the draft EA to
the TCEQ for its review and comment. The TCEQ provided its comments on
October 1, 2024. The NRC staff updated the EA in response to the TCEQ
comments, as appropriate.
The proposed action does not involve the development or disturbance
of additional land. Hence, the NRC has determined that the proposed
action will not affect listed endangered or threatened species or their
critical habitat. Therefore, no further consultation is required under
Section 7 of the Endangered Species Act. Likewise, the NRC staff has
determined that the proposed action does not have the potential to
cause effects on historical properties even if present and no ground
disturbing activities are associated with the proposed action.
Therefore, no consultation is required under Section 106 of the
National Historic Preservation Act.
III. Finding of No Significant Impact
The NRC has reviewed the WCS May 24, 2024, request to supplement
the 2023 Order to extend the possession time of the LANL Waste at
specific locations at the WCS Site. The NRC has found that effluent
releases and potential radiological doses to the public are not
anticipated to change as a result of this action and that occupational
exposures are expected to remain within regulatory limits and as low as
reasonably achievable. On the basis of this EA, the NRC concludes that
the proposed action will not have a significant effect on the quality
of the human environment.
Accordingly, the NRC has determined not to prepare an environmental
impact statement for the proposed action.
IV. Availability of Documents
The documents identified in the following table are available to
interested persons through one or more of the following methods, as
indicated.
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Adams accession
No. / Federal
Document description Register
citation
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WCS Request to Extend Possession Timeframe of LANL ML24149A063
Waste until December 31, 2026, dated May 24, 2024...
Environmental Assessment and Finding of No 88 FR 31829
Significant Impact for 2023 NRC Order, dated May 15,
2023................................................
2023 NRC Order, dated May 22, 2023................... 88 FR 34900
Environmental Assessment and Finding of No 87 FR 32198
Significant Impact for 2020 NRC Letter, dated May
24, 2022............................................
NRC Letter Approving Extending Possession Timeframe, ML22094A131
dated June 8, 2022..................................
Environmental Assessment and Finding of No 85 FR 77268
Significant Impact for 2020 NRC Letter, dated
November 24, 2020...................................
NRC Letter Approving Extending Possession Timeframe, ML20252A182
dated December 7, 2020..............................
Environmental Assessment and Finding of No 83 FR 64902
Significant Impact for 2018 NRC Letter, dated
December 12, 2018...................................
NRC Letter Approving Extending Possession Timeframe, ML18269A318
dated December 19, 2018.............................
NRC Letter Approving Extending Possession Timeframe, ML16097A265
dated September 23, 2016............................
Environmental Assessment and Finding of No 79 FR 65999
Significant Impact for 2014 NRC Order, dated October
30, 2014............................................
2014 NRC Order, dated December 3, 2014............... 79 FR 73647
Environmental Assessment and Finding of No 74 FR 52981
Significant Impact for 2009 NRC Order, dated October
7, 2009.............................................
2009 NRC Order, dated October 20, 2009............... 74 FR 55071
Environmental Assessment and Finding of No 69 FR 61697
Significant Impact for 2004 NRC Order, dated October
14, 2004............................................
2004 NRC Order, dated November 5, 2004............... 69 FR 65468
Environmental Assessment and Finding of No 66 FR 56358
Significant Impact for 2001 NRC Order, dated October
18, 2001............................................
2001 NRC Order, dated October 30, 2001............... 66 FR 57489
2000 WCS Request for Initial Order, dated September ML003759584
25, 2000............................................
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Dated: October 24, 2024.
For the Nuclear Regulatory Commission.
Jane Marshall,
Director, Division of Decommissioning, Uranium Recovery, and Waste
Programs, Office of Nuclear Material Safety and Safeguards.
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[FR Doc. 2024-25080 Filed 10-28-24; 8:45 am]
BILLING CODE 7590-01-P
