[Federal Register Volume 80, Number 74 (Friday, April 17, 2015)]
[Notices]
[Pages 21266-21268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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