[Federal Register Volume 64, Number 98 (Friday, May 21, 1999)]
[Notices]
[Pages 27826-27828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12905]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 40-8989]
Order To Exempt Envirocare of Utah, Inc. From Certain NRC
Licensing Requirements for Special Nuclear Material
Background
The U.S. Nuclear Regulatory Commission (NRC or the Commission) is
issuing an Order pursuant to section 274f of the Atomic Energy Act to
Envirocare of Utah, Inc. (Envirocare) from certain NRC regulations. The
exemption will allow Envirocare, under specified conditions, to possess
waste containing special nuclear material (SNM), in greater mass
quantities than specified in 10 CFR part 150, at Envirocare's low-level
waste (LLW) disposal facility located in Clive, Utah, without obtaining
an NRC license pursuant to 10 CFR part 70. NRC has previously published
an Environmental Assessment (EA) and Finding of No Significant Impact
in the Federal Register. In addition, a description of the operations
at the facility and staff's safety analysis for the exemption are
discussed in a Safety Evaluation Report (SER), which is available in
the public docket room.
Order
I.
Envirocare of Utah, Inc. (Envirocare) operates a low-level waste
disposal facility in Clive, Utah. This facility is licensed by the
State of Utah, an NRC Agreement State, under a 10 CFR part 61
equivalent license (UT 2300249). In 1988, Envirocare began accepting
naturally occurring radioactive material (NORM) waste. In 1992,
Envirocare began accepting very low activity, low-level waste (LLW)
primarily generated during the decommissioning of nuclear facilities.
Envirocare's State of Utah radioactive materials license (RML) has been
amended to permit disposal of other types of LLW. Envirocare is also
licensed by Utah to dispose of mixed radioactive and hazardous wastes
(MW). In addition, Envirocare has an NRC license to dispose of waste
containing 11(e)2 byproduct material. The MW and 11(e)2 byproduct
material are disposed of in separate disposal cells from the LLW. The
MW and LLW streams may contain quantities of special nuclear material
(SNM).
Envirocare receives wastes by rail and truck. Separate storage and
disposal facilities exist for the LLW and MW. Envirocare's method of
disposal is to remove the waste from its container or dump bulk waste
into lifts and compact the material. Subsequent lifts of material are
placed above completed lifts. The waste streams are diverse and vary
from contaminated soils and debris from decommissioning facilities to
dry active waste (DAW) and resins from operating facilities.
In addition to disposing of mixed waste, Envirocare also has
capabilities to treat mixed waste prior to disposal. This treatment
typically includes chemically stabilizing of hazardous constituents by
mixing the waste with various reagents, and micro- and macro-
encapsulation of waste with low density polyethylene plastic. The
applicable hazardous waste regulations require bench scale treatability
studies prior to treating the bulk of the waste.
II
Pursuant to 10 CFR 70.14, ``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.''
Section 70.3 of 10 CFR Part 70 requires persons who own, acquire,
deliver, receive, possess, use, or transfer SNM to obtain a license
pursuant to the requirements in 10 CFR Part 70. Section 10 CFR 150.10
exempts persons in Agreement States, who possess SNM in quantities not
sufficient to form a critical mass, from Commission-imposed licensing
requirements and regulations. The method for calculating a quantity of
SNM not sufficient to form a critical mass is set forth in 10 CFR
150.11. Therefore, Envirocare is currently limited by regulation and
its State of Utah license to possess SNM in quantities set out in 10
CFR 150.10 and 150.11. The SNM possession limits in the regulation and
license, as they relate to LLW disposal facilities, apply to above-
ground possession prior to disposal. Therefore, once the SNM is
disposed of, the possession limits no longer apply.
In response to an inspection by the State of Utah which determined
that Envirocare had exceeded its Agreement State license limits for the
possession of U-235, NRC conducted its own
[[Page 27827]]
inspection of the facility. As a result of this inspection, NRC issued
a Confirmatory Order (Order), dated June 25, 1997, which required
Envirocare to reduce its possession of SNM to the amounts prescribed in
10 CFR 150.11 and Envirocare's Agreement State license, and to submit a
compliance plan (CP) for meeting 10 CFR 150.10 and 150.11 to NRC for
approval. Condition 3 of the Order required Envirocare to include all
SNM in the restricted area at the site in applying the limitations in
10 CFR 150.10 and 150.11. Envirocare submitted a CP dated July 23,
1997, which was approved by NRC in a letter, dated August 1, 1997.
Under the provisions of the CP, all waste containing SNM with the
exception of waste ``in transport'' which is located within the
restricted area at Envirocare's site is subject to the limitations in
10 CFR 150.10 and 150.11. However, trucks containing SNM waste can
proceed directly to the disposal cell and would be considered ``in
transport'' and not in Envirocare's possession. This condition is
applicable provided that the waste was disposed of on the same calendar
day as arrival, and that the amount of SNM in any individual truck did
not exceed the limits in 10 CFR 150.11. When NRC approved the CP on
August 13, 1997, Condition 3 of the Order was revised to incorporate
the terms of the CP.
When Envirocare submitted its July 23, 1997, CP, it noted that
application of the ``in transport'' approach to rail shipments and
shipments disposed on the same day they are received would greatly
assist operational flexibility at no risk to public health and safety.
Based on consultation with the U.S. Department of Transportation (DOT),
the NRC has concluded that the ``in transport'' approach would not
apply to rail shipments. However, the staff believes the circumstances
warrant some action to provide Envirocare the needed flexibility
without undue risk to public health and safety. The NRC staff has been
informed that, in order to accommodate possession limits, rail
shipments containing SNM waste are being transferred to trucks in Salt
Lake City, Utah, for transport to the Envirocare disposal facility. In
response to questions raised in a letter from the State of Utah, NRC
accompanied DOT on an inspection of the Salt Lake City rail yard and to
the carriers facilities. DOT concluded that the process observed met
DOT's requirements; however, NRC staff concluded that the process
resulted in an increased number of trips, leading to a slightly higher
probability of a transportation accident. Prior to the Order and CP,
these shipments were transported by rail directly to the site. Thus the
Order and CP have led to increased waste handling and the increased
possibility of container rupture and resultant spillage in a
metropolitan area.
III
NRC staff has reviewed the current shipping practice and considers
it to be less desirable from a health and safety standpoint than having
the rail cars proceed directly to the site. However, Condition 3 of the
Order and the CP, as they now stand, effectively preclude many rail
cars containing SNM from being brought onto the Envirocare site.
Envirocare would need to obtain a license or an exemption from the NRC
under 10 CFR part 70 that would permit it to possess the SNM in the
cars on the site. Such SNM might well exceed the limits in 10 CFR
150.10 and 150.11, as well as the limits of the State of Utah license.
In this instance, the staff believes that the appropriate action is
to issue Envirocare an exemption. Specifically, Envirocare would be
exempted from the requirements of 10 CFR part 70, including the
requirements for an NRC license in 10 CFR 70.3, for SNM within the
restricted area at Envirocare's site, provided that:
1. Concentrations of SNM in individual waste containers must not
exceed the following values at time of receipt:
------------------------------------------------------------------------
Maximum Measurement
Radionuclide concentration uncertainty
(pCi/g) (pCi/g)
------------------------------------------------------------------------
U-235a...................................... 1900 285
U-235b...................................... 1190 179
U-235c...................................... 160 24
U-235d...................................... 680 102
U-233....................................... 75,000 11,250
Pu-236...................................... 500 75
Pu-238...................................... 10,000 1,500
Pu-239...................................... 10,000 1,500
Pu-240...................................... 10,000 1,500
Pu-241...................................... 350,000 50,000
Pu-242...................................... 10,000 1,500
Pu-243...................................... 500 75
Pu-244...................................... 500 75
------------------------------------------------------------------------
a For uranium below 10 percent enrichment and a maximum of 20 percent
MgO of the weight of the waste.
b For uranium at or above 10 percent enrichment and a maximum of 20
percent MgO of the weight of the waste.
c For uranium at any enrichment with unlimited MgO or beryllium.
d For uranium at any enrichment with sum of MgO and beryllium not
exceeding 49 percent of the weight of the waste.
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 homogeneously distributed throughout the waste. If
the SNM is not homogeneously distributed, then the limiting
concentrations must not be exceeded on average in any contiguous mass
of 145 kilograms.
2. Except as allowed by notes a, b, c, and d in Condition 1, waste
may not contain ``pure forms'' of chemicals containing carbon,
fluorine, magnesium, or bismuth in bulk quantities (e.g., a pallet of
drums, a B-25 box). By ``pure forms,'' it is meant that mixtures of the
above elements such as magnesium oxide, magnesium carbonate, magnesium
fluoride, bismuth oxide, etc. do not contain other elements. These
chemicals would be added to the waste stream during processing, such as
at fuel facilities, or treatment such as at mixed waste treatment
facilities. The presence of the above materials will be determined by
the generator, based on process knowledge or testing.
3. Except as allowed by notes c and d in Condition 1, waste
accepted may not contain total quantities of beryllium, hydrogenous
material enriched in deuterium, or graphite above one percent of the
total weight of the waste. The presence of the above materials will be
determined by the generator, based on process knowledge, physical
observations, or testing.
4. Waste packages may not contain highly water soluble forms of
uranium greater than 350 grams of uranium-235 or 200 grams of uranium-
233. The sum of the fractions rule will apply for mixtures of U-233 and
U-235. Highly soluble forms of uranium include, but are not limited to:
uranium sulfate, uranyl acetate, uranyl chloride, uranyl formate,
uranyl fluoride, uranyl nitrate, uranyl potassium carbonate, and uranyl
sulfate. The presence of the above materials will be determined by the
generator, based on process knowledge or testing.
5. Mixed waste processing of waste containing SNM must be limited
to stabilization (mixing waste with reagents), micro-encapsulation, and
macro-encapsulation using low-density polyethylene.
6. Envirocare shall require generators to provide the following
information for each waste stream:
Pre-Shipment
1. Waste Description. The description must detail how the waste was
generated, list the physical forms in the waste, and identify uranium
chemical composition.
[[Page 27828]]
2. 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.
3. Uniformity Description. A description of the process by which
the waste was generated showing that the spatial distribution of SNM
must be uniform, or other information supporting spatial distribution.
4. Manifest Concentration. The generator shall 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 shall describe the uncertainty associated with
sampling and testing used to obtain the manifest concentrations.
Envirocare 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 Envirocare 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, Envirocare shall review this
information and determine when testing is required to provide
additional information in assuring compliance with the conditions.
Envirocare shall retain this information as required by the State of
Utah to permit independent review.
At Receipt
Envirocare shall require generators of SNM waste to provide a
written certification with each waste manifest that states that the SNM
concentrations reported on the manifest do not exceed the limits in
Condition 1, that the measurement uncertainty does not exceed the
uncertainty value in Condition 1, and that the waste meets conditions 2
through 4.
7. Sampling and radiological testing of waste containing SNM shall
be performed in accordance with the Utah Division of Radiation Control
license Condition 58.
8. Envirocare shall notify the NRC, Region IV office within 24
hours if any of the above conditions are violated. A written
notification of the event must be provided within 7 days.
9. Envirocare shall obtain NRC approval prior to changing any
activities associated with the above conditions.
Considering that this exemption will permit Envirocare to exceed
the SNM possession limits in 10 CFR part 150 which will be in direct
conflict with the Confirmatory Order dated June 25, 1997, the
Confirmatory Order is hereby rescinded when this Order becomes
effective. Moreover, the provisions in Envirocare's CP will no longer
be in effect.
The licensing requirements in 10 CFR part 70 apply to persons
possessing greater than critical mass quantities (as defined in 10 CFR
150.11). The principle emphasis of part 70 is criticality safety and
safeguarding SNM against diversion or sabotage. The NRC staff believes
that criticality safety can be maintained by relying on concentration
limits, under the specified conditions. Section 150.11 establishes the
quantities of SNM considered not sufficient to form a critical mass.
The concentration limits in this notice are considered as an acceptable
alternative to the definition provided in Sec. 150.11, thereby assuring
the same level of protection. Moreover, storing the SNM within the
Envirocare restricted area will increase the security and safeguarding
of the SNM.
Therefore, the Commission concludes that this proposed exemption
will have no significant radiological or nonradiological environmental
impacts.
IV
Based on the above evaluation, the Commission has determined,
pursuant to 10 CFR 70.14, that the exemption of above activities at the
Envirocare disposal facility is authorized by law, and will not
endanger life or property or the common defense and security and are
otherwise in the public interest. Accordingly, by this Order the
Commission hereby grants this exemption. The exemption will become
effective after the State of Utah has incorporated the above conditions
into Envirocare's RML.
Pursuant to the requirements in 10 CFR part 51, the Commission has
published an EA 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. Copies of the EA and SER are
available for public inspection at the Commission's Public Document
Room, located at 2120 L Street, NW, Washington, DC 20037.
Dated at Rockville, MD., this 7th day of May 1999.
For the Nuclear Regulatory Commission.
Carl J. Paperiello,
Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 99-12905 Filed 5-20-99; 8:45 am]
BILLING CODE 7590-01-P
