80_FR_21340 80 FR 21266 - Westinghouse Electric Company, LLC; Hematite Decommissioning Project; Festus, Missouri

80 FR 21266 - Westinghouse Electric Company, LLC; Hematite Decommissioning Project; Festus, Missouri

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 80, Issue 74 (April 17, 2015)

Page Range21266-21268
FR Document2015-08933

The U.S. Nuclear Regulatory Commission (NRC) is considering issuance of a license amendment to special nuclear material (SNM) license number SNM-33 issued to Westinghouse Electric Company, LLC for the former Hematite fuel cycle facility in Festus, Missouri, authorizing alternative disposal of buried debris and contaminated soil, concrete and asphalt, filter media, ion exchange resin and piping at the US Ecology Idaho, Inc. (USEI) disposal facility located near Grand View, Idaho. In addition, the NRC is considering the issuance of an exemption to USEI so that it may accept the waste for disposal. This exemption would allow USEI to accept the NRC regulated material under its Idaho Department of Environmental Quality issued license. The NRC staff is issuing an Environmental Assessment (EA) and Finding of No Significant Impact (FONSI) associated with the proposed action.

Federal Register, Volume 80 Issue 74 (Friday, April 17, 2015) 
[Federal Register Volume 80, Number 74 (Friday, April 17, 2015)]
[Notices]
[Pages 21266-21268]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-08933]


=======================================================================
-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[NRC-2012-0054; Docket No. 70-0036]


Westinghouse Electric Company, LLC; Hematite Decommissioning 
Project; Festus, Missouri

AGENCY: Nuclear Regulatory Commission.

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

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering 
issuance of a license amendment to special nuclear material (SNM) 
license number SNM-33 issued to Westinghouse Electric Company, LLC for 
the former Hematite fuel cycle facility in Festus, Missouri, 
authorizing alternative disposal of buried debris and contaminated 
soil, concrete and asphalt, filter media, ion exchange resin and piping 
at the US Ecology Idaho, Inc. (USEI) disposal facility located near 
Grand View, Idaho. In addition, the NRC is considering the issuance of 
an exemption to USEI so that it may accept the waste for disposal. This 
exemption would allow USEI to accept the NRC regulated material under 
its Idaho Department of Environmental Quality issued license. The NRC 
staff is issuing an Environmental Assessment (EA) and Finding of No 
Significant Impact (FONSI) associated with the proposed action.

DATES: The EA and FONSI referenced in this document are available on 
April 17, 2015.

ADDRESSES: Please refer to Docket ID NRC-2012-0054 when contacting the 
NRC about the availability of information regarding this document. You 
may access publicly-available information related to this action by the 
following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2012-0054. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; 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

[[Page 21267]]

(ADAMS): You may access publicly available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to [email protected]. The 
ADAMS accession number for each document referenced in this document 
(if that document is available in ADAMS) is provided the first time 
that a document is referenced.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: John J. Hayes, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-5928; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    The NRC is considering the issuance of an amendment to license SNM-
33, issued to Westinghouse Electric Company, LLC (WEC), for the 
operation of the Hematite facility, located in Festus, Missouri for the 
disposal of radioactive waste at the USEI facility located near Grand 
View, Idaho. As part of this action, the NRC is also considering the 
approval of an exemption that will allow USEI to accept the waste. As 
required by section 51.21 of title 10 of the Code of Federal 
Regulations (10 CFR), the NRC has prepared an environmental assessment 
(EA). Based upon this EA, the NRC has determined not to prepare an 
environmental impact statement for the proposed license amendment and 
is issuing a finding of no significant impact (FONSI).
    By letter dated July 11, 2014 (ADAMS Accession No. ML14193A008), 
WEC requested NRC authorization under 10 CFR 20.2002 for alternate 
disposal of an additional 87,100 m\3\ (cubic meters) of radioactive 
waste from the WEC's Hematite facility, consisting of buried debris and 
contaminated soil, concrete and asphalt, filter media, ion exchange 
resin and piping containing NRC-licensed source, byproduct, and special 
nuclear material. The amendment requests authorization for WEC to 
transfer this waste from the Hematite facility to the USEI facility 
located near Grand View, Idaho, which is a Resource Conservation and 
Recovery Act (RCRA) Subtitle C disposal facility. On August 12, 2014 
USEI also submitted a request for an exemption from 10 CFR 30.3 and 10 
CFR 70.3 (ADAMS Accession No. ML14272A425) to enable it to receive the 
WEC radioactive waste from the Hematite site. The USEI facility is 
regulated by the Idaho Department of Environmental Quality (IDEQ) and 
is not an NRC-licensed facility.
    An NRC administrative review, documented in a letter to WEC dated 
August 29, 2014 (ADAMS Accession No. ML14188B647), found the 
application acceptable to begin a technical review. On September 25, 
2014, Westinghouse submitted a revision (ADAMS Accession No. 
ML14293A614) to their July 11, 2014, request. On October 29, 2014, the 
NRC transmitted to WEC a Request for Additional Information (ADAMS 
Accession Nos. ML14294A141 and ML14294A146). On December 19, 2014, WEC 
provided a response to NRC's request (ADAMS Accession No. ML15009A166). 
Additional information was provided by WEC in submittals dated February 
18, 2015, and March 25, 2015 (ADAMS Accession Nos. ML15063A033 and 
ML15084A071).
    On December 3, 2014, the NRC published in the Federal Register (79 
FR 71795), a Notice of Opportunity for Hearing on the July 11, 2014, 
WEC license amendment request. No request for a hearing was received 
within the request period. The NRC relied upon the information provided 
in the July 11, 2014, license amendment request, the September 25, 
2014, December 19, 2014, February 18, 2015, and March 25, 2015, 
submittals, supporting documentation and other sources as noted in the 
EA references section, in preparing the EA. The EA is electronically 
available to the public through ADAMS (ADAMS Accession No. 
ML15029A064). This notice provides an EA summary and the FONSI.

ll. Environmental Assessment Summary

Description of the Proposed Action

    The proposed action would authorize WEC to transfer an additional 
87,100 m\3\ of radioactive waste consisting of buried debris and 
contaminated soil, concrete and asphalt, filter media, ion exchange 
resin and piping containing NRC-licensed source, byproduct, and special 
nuclear material from the Hematite facility to the USEI disposal 
facility located near Grand View, Idaho. The proposed action is in 
accordance with the licensee's application dated July 11, 2014, as 
supplemented by letters dated September 25, 2014, December 19, 2014, 
February 18, 2015, and March 25, 2015. In order to implement the 
proposed action, the NRC would need to amend WEC's license, SNM-33, to 
expressly allow for the disposal of the radioactive waste and would 
need to grant exemptions to USEI from NRC regulations 10 CFR 30.3 and 
10 CFR 70.3.\1\
---------------------------------------------------------------------------

    \1\ NRC regulation 10 CFR 30.3 requires a NRC issued license for 
the manufacture, production, transfer, receipt, acquisition, 
ownership, possession or use of byproduct material. Similarly, 10 
CFR 70.3 requires a NRC issued license for the ownership, 
acquisition, delivery, receipt, possession, use or transfer of 
special nuclear material. Approvals of the exemption requests are 
part of the proposed action as USEI is not a NRC licensed facility 
and Idaho is not an Agreement State under Section 274 of the Atomic 
Energy Act. If the proposed action is approved, the NRC would issue 
exemptions pursuant to its exemption grant authority at 10 CFR 
30.11(a) and 10 CFR 70.17(a), respectively.
---------------------------------------------------------------------------

Need for the Proposed Action

    The WEC Hematite Decommissioning Project (HDP) is a decommissioning 
\2\ and environmental restoration project that will generate low-
activity, low-level radioactive waste (LLRW) in the form of buried 
debris and contaminated soil, concrete and asphalt, filter media, ion 
exchange resin and piping containing low concentrations of source, 
byproduct and special nuclear material. There is also the potential 
that this LLRW will contain hazardous constituents, such as metals and 
volatile organics, that exceed the levels identified in 40 CFR part 
261. If the LLRW contains such hazardous constituents, and if the 
levels of such constituents exceed the 40 CFR part 261 limits, then the 
LLRW is considered hazardous waste under RCRA and will require 
treatment at a RCRA facility, such as USEI, prior to disposal. The need 
for the proposed action is the safe and permanent disposal of HDP's 
LLRW.
---------------------------------------------------------------------------

    \2\ In NRC regulations, the term ``decommission'' means to 
remove a facility or site safely from service and reduce residual 
radioactivity to a level that permits: Release of the property for 
unrestricted use and termination of the license; or release of the 
property under restricted conditions and termination of the license. 
See 10 CFR 70.4.
---------------------------------------------------------------------------

Environmental Impacts of the Proposed Action

    In accordance with 10 CFR 20.2002, WEC proposes to dispose of this 
LLRW at the USEI hazardous waste disposal facility near Grand View, 
Idaho. The facility occupies Section 19 (2.59 square kilometers or 640 
acres) of Township 4 South and Range 2 East in Owyhee County, Idaho. 
This disposal is in addition to the approximately 23,000 m\3\ (30,000 
yd\3\) of LLRW which was approved for alternate disposal by Hematite 
License Amendment 58, the 23,000 m\3\ (30,000 yd\3\) of LLRW that

[[Page 21268]]

was approved for Hematite License Amendment 60, and the 22,000 m\3\ 
(29,000 yd\3\) of LLRW that was approved for Hematite License Amendment 
63. As such, the cumulative impacts on the USEI facility and 
surrounding environment resulting from the receipt of the waste 
material described in the aforementioned license amendments were 
considered.
    In 2002, WEC and the Missouri Department of Natural Resources 
(MDNR) entered into a Letter Agreement, which, among other things, 
provided for MDNR oversight of certain studies and response actions in 
accordance with the National Oil and Hazardous Substances Pollution 
Contingency Plan under the requirements of the Comprehensive 
Environmental Response, Compensation, and Liability Act (CERCLA), 42 
U.S.C. 9601 et seq. (Westinghouse MDNR Review Draft Remedial Design 
Work Plan, 2002).
    On July 3, 2008, Missouri and WEC entered into a Consent Decree, 
and the Letter Agreement was terminated. The Consent Decree provides 
for MDNR oversight of those portions of the investigation and selection 
of the remedy for Operable Units at the site that are not preempted by 
the Atomic Energy Act of 1954, as amended. The Selected Remedy for 
Operable Unit 1 at the HDP is Alternative 4: Removal, Treatment of 
Volatile Organic Compound Waste, and Off-site Disposal of Low-Level 
Radioactive Waste and Non-Hazardous Treatment Residues.

Environmental Impacts of the Alternatives to the Proposed Action

    As an alternative to the proposed action, the staff considered 
denial of the proposed action (i.e., the ``no-action'' alternative). 
The no-action alternative involves discontinuing ongoing 
decommissioning activities at the HDP and leaving contaminated soil and 
other radioactive waste at the HDP site. This action would require an 
exemption from the requirement in 10 CFR 70.38(d) that decommissioning 
of facilities specifically licensed for possession and use of special 
nuclear material be completed and approved by the NRC after licensed 
activities cease. The no-action alternative would result in leaving 
approximately 87,100 m\3\ of total waste volume onsite.
    As was previously noted, the radioactive waste, regulated by the 
NRC, is co-mingled with chemically contaminated waste regulated under 
CERCLA. The no-action alternative would not be in accordance with the 
July 2009 CERCLA Record of Decision (http://www.dnr.mo.gov/env/hwp/docs/20090721HRSFINALROD.pdf) for the removal and subsequent treatment 
of the chemically contaminated waste.
    The no-action alternative would not allow WEC to meet the 
requirements of 10 CFR 20.1402 for unrestricted release. Selection of 
this alternative would require WEC to continue environmental 
monitoring/surveillance and to maintain administrative and engineered 
controls to ensure facility safety and security. The environmental 
impacts of the no-action alternative would include continued 
contamination of soil and water, which could further escalate over time 
if groundwater contamination spreads and material such as Technicium-99 
continue to leach into the soil. The continued monitoring required at 
the site would result in environmental impacts due to the emissions 
from vehicular traffic associated with workers traversing to and from 
the site and entities providing services and supplies to the Hematite 
facility. Additional vehicular traffic could also impact public and 
occupational health with the potential for vehicle accidents.
    Another alternative to the proposed action is to dispose of the 
LLRW in a facility licensed by an NRC Agreement State for the storage 
and/or disposal of LLRW. For this EA, the NRC evaluated the 
EnergySolutions, LLC (EnergySolutions) Clive, Utah, facility as the 
alternative disposal site for the radioactive and chemically hazardous 
waste.
    The EnergySolutions LLRW disposal facility at Clive, Utah, is 
located 128 kilometers (80 miles) west of Salt Lake City, Utah, and 70 
kilometers (45 miles) east of Wendover, Nevada. The site is arid with 
an annual precipitation of approximately 20 centimeters (8 inches). The 
facility is licensed by the State of Utah, to dispose of Class A 
radioactive waste only (Utah License 2300249) and 11e.(2) byproduct 
material (UT2300478) and holds a Part B Resource Conservation and 
Recovery Act (RCRA) solid waste permit (Environmental Protection Agency 
ID No. UTD982598898).
    The selection of this alternative would allow WEC to meet the 
requirements of 10 CFR 20.1402 for unrestricted release. In addition, 
this site is environmentally similar to USEI. However, this alternative 
was not selected by WEC.

Alternative Use of Resources

    The proposed action does not impact any resource implications 
discussed in previous environmental reviews.

Agencies and Persons Consulted

    In accordance with its stated policy, the NRC staff consulted with 
the Missouri Department of Conservation, Idaho Department of Fish and 
Game, and U.S. Fish and Wildlife Service during the development of this 
EA. On January 14, 2015, the NRC staff consulted with MDNR and IDEQ 
regarding the environmental impact of the proposed action and solicited 
comments on a draft EA and FONSI. No comments were received.

lIl. Finding of No Significant Impact

    WEC has requested NRC authorization under 10 CFR 20.2002 for the 
alternate disposal of an additional 87,100 m\3\ of radioactive waste 
consisting of buried debris and contaminated soil, concrete and 
asphalt, filter media, ion exchange resin and piping containing NRC-
licensed source, byproduct, and special nuclear material. In addition, 
both WEC and USEI have requested that the NRC exempt USEI from the 
requirements of 10 CFR 30.3 and 10 CFR 70.3. Consistent with 10 CFR 
51.21, the NRC conducted the EA for the proposed action described 
Section II of this document and publicly available in ADAMS (ADAMS 
Accession No. ML15029A064). The EA is incorporated by reference in this 
finding. On the basis of the 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.

    Dated at Rockville, Maryland this 8th day of April 2015.

    For The Nuclear Regulatory Commission.
Andrew Persinko,
Deputy Director, Division of Decommissioning, Uranium Recovery, and 
Waste Programs, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2015-08933 Filed 4-16-15; 8:45 am]
BILLING CODE 7590-01-P

21266 Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Notices Dated: April 13, 2015. SUPPLEMENTARY INFORMATION: Dated: April 10, 2015. Rebecca J. Lent, Researchers must have a NARA David S. Ferriero, Executive Director. researcher card to view the materials; Archivist of the United States. [FR Doc. 2015–08771 Filed 4–15–15; 4:15 pm] you may obtain a card when you arrive [FR Doc. 2015–08850 Filed 4–16–15; 8:45 am] BILLING CODE 6820–31–P at the Library. BILLING CODE 7515–01–P Description of Materials The following materials will be made NUCLEAR REGULATORY NATIONAL ARCHIVES AND RECORDS available in accordance with this notice: COMMISSION ADMINISTRATION 1. Previously restricted textual materials. Volume: 2 cubic feet. A [NRC–2012–0054; Docket No. 70–0036] Nixon Presidential Historical Materials: number of textual materials previously Opening of Materials withheld from public access have been Westinghouse Electric Company, LLC; reviewed for release or declassified Hematite Decommissioning Project; AGENCY: National Archives and Records Festus, Missouri Administration (NARA). under the systematic declassification review provisions and under the AGENCY: Nuclear Regulatory ACTION: Notice of opening of additional mandatory review provisions of Commission. Presidential materials. Executive Order 13526, the Freedom of ACTION: Environmental assessment and SUMMARY: The National Archives and Information Act (5 U.S.C. 552), or in finding of no significant impact; Records Administration’s (NARA) accordance with 36 CFR 1275.56 (Public issuance. Richard Nixon Presidential Library and Access regulations). The materials are from integral file segments for the SUMMARY: The U.S. Nuclear Regulatory Museum is opening additional Nixon National Security Council (NSC Files Commission (NRC) is considering Presidential Historical Materials for and NSC Institutional Files); along with issuance of a license amendment to public access. These materials include Henry A. Kissinger (HAK) Office Files; special nuclear material (SNM) license previously restricted materials and Kissinger Telephone Conversation number SNM–33 issued to select White House Central Files, Name Transcripts; the White House Special Westinghouse Electric Company, LLC Files. In accordance with section 104 of Files; and White House Central Files. for the former Hematite fuel cycle Title I of the Presidential Recordings 2. White House Central Files, Name facility in Festus, Missouri, authorizing and Materials Preservation Act (PRMPA, Files: Volume: 4.5 cubic feet. The Name alternative disposal of buried debris and 44 U.S.C. 2111 note) and § 1275.42(b) of Files were used for routine materials contaminated soil, concrete and asphalt, the regulations implementing the Act filed alphabetically by the name of the filter media, ion exchange resin and (36 CFR part 1275), NARA has correspondent; copies of documents in piping at the US Ecology Idaho, Inc. identified, inventoried, and prepared for the Name Files were usually filed by (USEI) disposal facility located near public access these additional textual subject in the Subject Files. Grand View, Idaho. In addition, the materials with certain information NRC is considering the issuance of an redacted as required by law, including Brosk exemption to USEI so that it may accept the PRMPA. Brown, Robert H–K the waste for disposal. This exemption DATES: The materials described in this Brown, William H–K would allow USEI to accept the NRC notice will be available to the public on Bryant, We regulated material under its Idaho Wednesday, May 20, 2015, beginning at Bush, G Department of Environmental Quality 9:30 a.m. PDT (12:30 p.m. EDT). Bush, George (Cong.) issued license. The NRC staff is issuing In accordance with 36 CFR 1275.44, Gov. Jimmy Carter an Environmental Assessment (EA) and any person who believes it necessary to Hon. Fletcher, Arthur (Art) Finding of No Significant Impact file a claim of legal right or privilege Ford, Gerald (FONSI) associated with the proposed concerning access to these materials Ford, Gerald (Cong.) action. must notify the Archivist of the United Goldwater, Barry (Cong.) States in writing of the claimed right, DATES: The EA and FONSI referenced in Goldwater, Barry (Sen.) this document are available on April 17, privilege, or defense by May 18, 2015. Hoover, J. Edgar 2015. ADDRESSES: The materials will be Humphrey, Hubert ADDRESSES: Please refer to Docket ID available for viewing at the Richard Kerne Nixon Presidential Library and NRC–2012–0054 when contacting the Linkletter, Art NRC about the availability of Museum; 18001 Yorba Linda Blvd.; Yorba Linda, CA. Selections from these Luce, Clare Booth information regarding this document. materials will also be available online at Marriott, J. Willard (Bill) You may access publicly-available www.nixonlibrary.gov. McGovern, George S. (Sen) information related to this action by the You must send any petition asserting McHugh, A–E following methods: Meade, R. • Federal Rulemaking Web site: Go to a legal or constitutional right or Meany, George (Hon) http://www.regulations.gov and search privilege that would prevent or limit Murphy, Mr. Audie for Docket ID NRC–2012–0054. Address public access to the materials to The questions about NRC dockets to Carol Archivist of the United States; National Nesse Gallagher; telephone: 301–415–3463; Archives at College Park; 8601 Adelphi Orm tkelley on DSK3SPTVN1PROD with NOTICES email: Carol.Gallagher@nrc.gov. For Rd.; College Park, Maryland 20740– Patman, Wright (Cong.) technical questions, contact the 6001. Payton, Q–T individual listed in the FOR FURTHER FOR FURTHER INFORMATION CONTACT: Pelles INFORMATION CONTACT section of this Gregory Cumming, Richard Nixon Peric document. Presidential Library and Museum, by Proxmire, William (Sen.) • NRC’s Agencywide Documents telephone at 714–983–9131. Wayne, John (Duke) Access and Management System VerDate Sep<11>2014 19:08 Apr 16, 2015 Jkt 235001 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\17APN1.SGM 17APN1

Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Notices 21267 (ADAMS): You may access publicly Conservation and Recovery Act (RCRA) February 18, 2015, and March 25, 2015. available documents online in the Subtitle C disposal facility. On August In order to implement the proposed ADAMS Public Documents collection at 12, 2014 USEI also submitted a request action, the NRC would need to amend http://www.nrc.gov/reading-rm/ for an exemption from 10 CFR 30.3 and WEC’s license, SNM–33, to expressly adams.html. To begin the search, select 10 CFR 70.3 (ADAMS Accession No. allow for the disposal of the radioactive ‘‘ADAMS Public Documents’’ and then ML14272A425) to enable it to receive waste and would need to grant select ‘‘Begin Web-based ADAMS the WEC radioactive waste from the exemptions to USEI from NRC Search.’’ For problems with ADAMS, Hematite site. The USEI facility is regulations 10 CFR 30.3 and 10 CFR please contact the NRC’s Public regulated by the Idaho Department of 70.3.1 Document Room (PDR) reference staff at Environmental Quality (IDEQ) and is Need for the Proposed Action 1–800–397–4209, 301–415–4737, or by not an NRC-licensed facility. email to pdr.resource@nrc.gov. The An NRC administrative review, The WEC Hematite Decommissioning ADAMS accession number for each documented in a letter to WEC dated Project (HDP) is a decommissioning 2 document referenced in this document August 29, 2014 (ADAMS Accession and environmental restoration project (if that document is available in No. ML14188B647), found the that will generate low-activity, low-level ADAMS) is provided the first time that application acceptable to begin a radioactive waste (LLRW) in the form of a document is referenced. technical review. On September 25, buried debris and contaminated soil, • NRC’s PDR: You may examine and 2014, Westinghouse submitted a concrete and asphalt, filter media, ion purchase copies of public documents at revision (ADAMS Accession No. exchange resin and piping containing the NRC’s PDR, Room O1–F21, One ML14293A614) to their July 11, 2014, low concentrations of source, byproduct White Flint North, 11555 Rockville request. On October 29, 2014, the NRC and special nuclear material. There is Pike, Rockville, Maryland 20852. transmitted to WEC a Request for also the potential that this LLRW will Additional Information (ADAMS contain hazardous constituents, such as FOR FURTHER INFORMATION CONTACT: John Accession Nos. ML14294A141 and metals and volatile organics, that exceed J. Hayes, Office of Nuclear Material the levels identified in 40 CFR part 261. Safety and Safeguards, U.S. Nuclear ML14294A146). On December 19, 2014, WEC provided a response to NRC’s If the LLRW contains such hazardous Regulatory Commission, Washington, constituents, and if the levels of such DC 20555–0001; telephone: 301–415– request (ADAMS Accession No. ML15009A166). Additional information constituents exceed the 40 CFR part 261 5928; email: John.Hayes@nrc.gov. limits, then the LLRW is considered SUPPLEMENTARY INFORMATION: was provided by WEC in submittals dated February 18, 2015, and March 25, hazardous waste under RCRA and will I. Introduction 2015 (ADAMS Accession Nos. require treatment at a RCRA facility, ML15063A033 and ML15084A071). such as USEI, prior to disposal. The The NRC is considering the issuance need for the proposed action is the safe of an amendment to license SNM–33, On December 3, 2014, the NRC published in the Federal Register (79 and permanent disposal of HDP’s issued to Westinghouse Electric LLRW. Company, LLC (WEC), for the operation FR 71795), a Notice of Opportunity for of the Hematite facility, located in Hearing on the July 11, 2014, WEC Environmental Impacts of the Proposed Festus, Missouri for the disposal of license amendment request. No request Action radioactive waste at the USEI facility for a hearing was received within the In accordance with 10 CFR 20.2002, located near Grand View, Idaho. As part request period. The NRC relied upon the WEC proposes to dispose of this LLRW of this action, the NRC is also information provided in the July 11, at the USEI hazardous waste disposal considering the approval of an 2014, license amendment request, the facility near Grand View, Idaho. The exemption that will allow USEI to September 25, 2014, December 19, 2014, facility occupies Section 19 (2.59 square accept the waste. As required by section February 18, 2015, and March 25, 2015, kilometers or 640 acres) of Township 4 51.21 of title 10 of the Code of Federal submittals, supporting documentation South and Range 2 East in Owyhee Regulations (10 CFR), the NRC has and other sources as noted in the EA County, Idaho. This disposal is in prepared an environmental assessment references section, in preparing the EA. addition to the approximately 23,000 m3 (EA). Based upon this EA, the NRC has The EA is electronically available to the (30,000 yd3) of LLRW which was determined not to prepare an public through ADAMS (ADAMS approved for alternate disposal by environmental impact statement for the Accession No. ML15029A064). This Hematite License Amendment 58, the proposed license amendment and is notice provides an EA summary and the 23,000 m3 (30,000 yd3) of LLRW that issuing a finding of no significant FONSI. impact (FONSI). ll. Environmental Assessment Summary 1 NRC regulation 10 CFR 30.3 requires a NRC By letter dated July 11, 2014 (ADAMS issued license for the manufacture, production, Description of the Proposed Action transfer, receipt, acquisition, ownership, possession Accession No. ML14193A008), WEC or use of byproduct material. Similarly, 10 CFR 70.3 requested NRC authorization under 10 The proposed action would authorize requires a NRC issued license for the ownership, CFR 20.2002 for alternate disposal of an WEC to transfer an additional 87,100 m3 acquisition, delivery, receipt, possession, use or additional 87,100 m3 (cubic meters) of of radioactive waste consisting of buried transfer of special nuclear material. Approvals of the exemption requests are part of the proposed radioactive waste from the WEC’s debris and contaminated soil, concrete action as USEI is not a NRC licensed facility and Hematite facility, consisting of buried and asphalt, filter media, ion exchange Idaho is not an Agreement State under Section 274 debris and contaminated soil, concrete resin and piping containing NRC- of the Atomic Energy Act. If the proposed action is and asphalt, filter media, ion exchange licensed source, byproduct, and special approved, the NRC would issue exemptions pursuant to its exemption grant authority at 10 CFR tkelley on DSK3SPTVN1PROD with NOTICES resin and piping containing NRC- nuclear material from the Hematite 30.11(a) and 10 CFR 70.17(a), respectively. licensed source, byproduct, and special facility to the USEI disposal facility 2 In NRC regulations, the term ‘‘decommission’’ nuclear material. The amendment located near Grand View, Idaho. The means to remove a facility or site safely from requests authorization for WEC to proposed action is in accordance with service and reduce residual radioactivity to a level that permits: Release of the property for transfer this waste from the Hematite the licensee’s application dated July 11, unrestricted use and termination of the license; or facility to the USEI facility located near 2014, as supplemented by letters dated release of the property under restricted conditions Grand View, Idaho, which is a Resource September 25, 2014, December 19, 2014, and termination of the license. See 10 CFR 70.4. VerDate Sep<11>2014 19:08 Apr 16, 2015 Jkt 235001 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\17APN1.SGM 17APN1

21268 Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Notices was approved for Hematite License 20090721HRSFINALROD.pdf) for the Agencies and Persons Consulted Amendment 60, and the 22,000 m3 removal and subsequent treatment of In accordance with its stated policy, (29,000 yd3) of LLRW that was approved the chemically contaminated waste. the NRC staff consulted with the for Hematite License Amendment 63. As The no-action alternative would not Missouri Department of Conservation, such, the cumulative impacts on the allow WEC to meet the requirements of Idaho Department of Fish and Game, USEI facility and surrounding 10 CFR 20.1402 for unrestricted release. and U.S. Fish and Wildlife Service environment resulting from the receipt Selection of this alternative would during the development of this EA. On of the waste material described in the require WEC to continue environmental January 14, 2015, the NRC staff aforementioned license amendments monitoring/surveillance and to maintain consulted with MDNR and IDEQ were considered. administrative and engineered controls regarding the environmental impact of In 2002, WEC and the Missouri to ensure facility safety and security. the proposed action and solicited Department of Natural Resources The environmental impacts of the no- comments on a draft EA and FONSI. No (MDNR) entered into a Letter action alternative would include comments were received. Agreement, which, among other things, continued contamination of soil and provided for MDNR oversight of certain lIl. Finding of No Significant Impact water, which could further escalate over studies and response actions in WEC has requested NRC authorization time if groundwater contamination accordance with the National Oil and under 10 CFR 20.2002 for the alternate spreads and material such as Hazardous Substances Pollution disposal of an additional 87,100 m3 of Technicium-99 continue to leach into Contingency Plan under the radioactive waste consisting of buried the soil. The continued monitoring requirements of the Comprehensive debris and contaminated soil, concrete required at the site would result in Environmental Response, and asphalt, filter media, ion exchange environmental impacts due to the Compensation, and Liability Act resin and piping containing NRC- emissions from vehicular traffic (CERCLA), 42 U.S.C. 9601 et seq. licensed source, byproduct, and special (Westinghouse MDNR Review Draft associated with workers traversing to and from the site and entities providing nuclear material. In addition, both WEC Remedial Design Work Plan, 2002). and USEI have requested that the NRC On July 3, 2008, Missouri and WEC services and supplies to the Hematite facility. Additional vehicular traffic exempt USEI from the requirements of entered into a Consent Decree, and the could also impact public and 10 CFR 30.3 and 10 CFR 70.3. Letter Agreement was terminated. The occupational health with the potential Consistent with 10 CFR 51.21, the NRC Consent Decree provides for MDNR for vehicle accidents. conducted the EA for the proposed oversight of those portions of the action described Section II of this investigation and selection of the Another alternative to the proposed document and publicly available in remedy for Operable Units at the site action is to dispose of the LLRW in a ADAMS (ADAMS Accession No. that are not preempted by the Atomic facility licensed by an NRC Agreement ML15029A064). The EA is incorporated Energy Act of 1954, as amended. The State for the storage and/or disposal of by reference in this finding. On the basis Selected Remedy for Operable Unit 1 at LLRW. For this EA, the NRC evaluated of the EA, the NRC concludes that the the HDP is Alternative 4: Removal, the EnergySolutions, LLC Treatment of Volatile Organic proposed action will not have a (EnergySolutions) Clive, Utah, facility as Compound Waste, and Off-site Disposal significant effect on the quality of the the alternative disposal site for the of Low-Level Radioactive Waste and human environment. Accordingly, the radioactive and chemically hazardous Non-Hazardous Treatment Residues. NRC has determined not to prepare an waste. environmental impact statement for the Environmental Impacts of the The EnergySolutions LLRW disposal proposed action. Alternatives to the Proposed Action facility at Clive, Utah, is located 128 Dated at Rockville, Maryland this 8th day kilometers (80 miles) west of Salt Lake As an alternative to the proposed of April 2015. City, Utah, and 70 kilometers (45 miles) action, the staff considered denial of the For The Nuclear Regulatory Commission. east of Wendover, Nevada. The site is proposed action (i.e., the ‘‘no-action’’ Andrew Persinko, arid with an annual precipitation of alternative). The no-action alternative Deputy Director, Division of approximately 20 centimeters (8 involves discontinuing ongoing Decommissioning, Uranium Recovery, and inches). The facility is licensed by the decommissioning activities at the HDP Waste Programs, Office of Nuclear Material State of Utah, to dispose of Class A Safety and Safeguards. and leaving contaminated soil and other radioactive waste only (Utah License radioactive waste at the HDP site. This [FR Doc. 2015–08933 Filed 4–16–15; 8:45 am] 2300249) and 11e.(2) byproduct material action would require an exemption from BILLING CODE 7590–01–P (UT2300478) and holds a Part B the requirement in 10 CFR 70.38(d) that Resource Conservation and Recovery decommissioning of facilities Act (RCRA) solid waste permit NUCLEAR REGULATORY specifically licensed for possession and (Environmental Protection Agency ID COMMISSION use of special nuclear material be No. UTD982598898). completed and approved by the NRC after licensed activities cease. The no- The selection of this alternative Advisory Committee on the Medical action alternative would result in would allow WEC to meet the Uses of Isotopes: Meeting Notice leaving approximately 87,100 m3 of requirements of 10 CFR 20.1402 for AGENCY: U.S. Nuclear Regulatory total waste volume onsite. unrestricted release. In addition, this Commission. As was previously noted, the site is environmentally similar to USEI. ACTION: Notice of meeting. However, this alternative was not tkelley on DSK3SPTVN1PROD with NOTICES radioactive waste, regulated by the NRC, is co-mingled with chemically selected by WEC. SUMMARY: The U.S. Nuclear Regulatory contaminated waste regulated under Alternative Use of Resources Commission will convene a CERCLA. The no-action alternative teleconference meeting of the Advisory would not be in accordance with the The proposed action does not impact Committee on the Medical Uses of July 2009 CERCLA Record of Decision any resource implications discussed in Isotopes (ACMUI) on August 12, 2015, (http://www.dnr.mo.gov/env/hwp/docs/ previous environmental reviews. to discuss the ACMUI Germanium/ VerDate Sep<11>2014 01:21 Apr 17, 2015 Jkt 235001 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 E:\FR\FM\17APN1.SGM 17APN1


Document Created: 2015-12-18 11:20:15
Document Modified: 2015-12-18 11:20:15
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionEnvironmental assessment and finding of no significant impact; issuance.
DatesThe EA and FONSI referenced in this document are available on April 17, 2015.
ContactJohn J. Hayes, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-5928; email: [email protected]
FR Citation80 FR 21266 
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR