[Federal Register Volume 88, Number 104 (Wednesday, May 31, 2023)]
[Notices]
[Pages 34900-34906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11442]
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NUCLEAR REGULATORY COMMISSION
[EA-23-058; Docket No. 70-7005; NRC-2022-0093]
Waste Control Specialists LLC; Superseding Exemption Order
AGENCY: Nuclear Regulatory Commission.
ACTION: Order; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a new
Order superseding a previously issued Order to Waste Control
Specialists LLC (WCS) on December 3, 2014 (2014 Order), as supplemented
by NRC letters to WCS from 2016 to 2022. The current and past NRC
Orders are associated with an exemption from NRC regulations, which
requires persons who own, acquire, deliver, receive, possess, use, or
transfer Special Nuclear Material (SNM) to obtain an NRC license
pursuant to the NRC requirements. The current action is in response to
a request by WCS dated June 30, 2022. In the letter, WCS requested
permission to: (1) move the U.S. Department of Energy (DOE) Los Alamos
National Laboratory (LANL) Waste from the WCS Federal Waste Facility
(FWF) disposal cell to the WCS Treatment, Storage, and Disposal
Facility (TSDF) Bin Storage Area (BSA)-1 Enclosure; (2) prepare the
LANL Waste for shipment in the TSDF BSA-1 Enclosure; and (3)
temporarily store the LANL Waste in the TSDF BSA-1 Enclosure.
DATES: The Order is effective as of May 22, 2023.
ADDRESSES: Please refer to Docket ID NRC-2022-0093 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly available information related to this document
using any of the following methods:
Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2022-0093. Address
questions about Docket IDs in Regulations.gov to Stacy Schumann;
telephone: 301-287-3422; 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
[[Page 34901]]
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, by appointment, at the NRC's PDR, Room P1 B35, One White
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. 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: The text of the Order is attached.
Dated: May 24, 2023.
For the Nuclear Regulatory Commission.
John W. Lubinski,
Director, Office of Nuclear Material Safety and Safeguards.
Attachment 1--Order
United States Nuclear Regulatory Commission
In the Matter of: Waste Control Specialists LLC, P.O. Box 1129, 0093,
Andrews, Texas 79714, Docket No. 70-7005; NRC-2022-EA-23-058.
Order Exempting Waste Control Specialists LLC From the Requirement To
Obtain a 10 CFR Part 70 License To Possess Certain Types of Special
Nuclear Material
Waste Control Specialists LLC (WCS) operates a site in Andrews
County, Texas, that is licensed by the state of Texas to process and
store certain types of radioactive material contained in low-level
radioactive waste (LLRW) and mixed waste (MW) (waste that has both a
hazardous component and a radioactive component) that is regulated
under both the Resource Conservation and Recovery Act (RCRA) and the
Atomic Energy Act (AEA), as amended. The WCS Site also disposes of RCRA
hazardous waste, toxic waste under the Toxic Substances Control Act
(TSCA), and naturally occurring radioactive materials. WCS requested by
letter dated June 30, 2022, that the NRC modify the conditions of an
existing exemption (granted by order in 2014) to allow greater
operational authority with respect to material regulated by the NRC.
This Order is being issued to grant WCS an exemption from the
requirements of 10 CFR part 70 to obtain a license to possess certain
types of Special Nuclear Material (SNM) and to perform the activities
described below subject to the conditions in Section III of this Order.
II
Under the AEA, as amended, the NRC can relinquish and a State can
assume regulatory authority over radioactive material specified in an
Agreement with NRC. In 1963, Texas entered into an Agreement and
assumed regulatory authority over source, byproduct, and SNM less than
critical mass.
On November 30, 1997, the State of Texas Department of Health (TDH)
issued WCS a radioactive materials license (RML) to possess, treat, and
store LLRW (RML R04971). In 1997, WCS began accepting RCRA and TSCA
wastes for treatment, storage, and disposal. Later that year, WCS
received a license from the TDH for treatment and storage of MW and
LLRW. The MW and LLRW streams may contain quantities of SNM. In 2007,
regulatory responsibility for RML R04971 was transferred to the Texas
Commission on Environmental Quality (TCEQ). In September 2009, TCEQ
issued RML R04100 to WCS for disposal of LLRW.
Section 70.3 of Title 10 of the Code of Federal Regulations (10
CFR) Part 70, ``Domestic Licensing of Special Nuclear Material,''
requires persons who own, acquire, deliver, receive, possess, use, or
transfer SNM to obtain a license pursuant to the requirements of 10 CFR
part 70. The licensing requirements in 10 CFR part 70 apply to persons
in Agreement States possessing greater than critical mass quantities,
as defined in 10 CFR 150.11, ``Critical mass.'' However, pursuant to 10
CFR 70.17(a), ``Specific exemptions,'' ``the Commission may, upon
application of any interested person or upon its own initiative, grant
such exemptions from the requirements of the regulations in this part
as it determines are authorized by law and will not endanger life or
property or the common defense and security and are otherwise in the
public interest.''
In September 2000, WCS 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 to WCS from certain NRC
regulations and permitted WCS, under specified conditions, to possess
waste containing SNM in greater quantities than specified in 10 CFR
part 150, ``Exemptions and Continued Regulatory Authority in Agreement
States and in Offshore Waters Under Section 274,'' at the WCS storage
and treatment facility in Andrews County, Texas, without obtaining an
NRC license pursuant to 10 CFR part 70. The 2001 Order was published in
the Federal Register (FR) on November 15, 2001 (66 FR 57489). The
conditions specified in the 2001 Order were further described in the
October 2001 Environmental Assessment (EA) and November 2001 Safety
Evaluation Report (SER) that supported the 2001 Order.
By letters dated August 6, 2003, and March 14, 2004, WCS requested
modifications to the 2001 Order which would allow it to use additional
reagents for chemical stabilization of MW containing SNM. The NRC
issued a superseding Order to WCS on November 4, 2004 (2004 Order). The
2004 Order changed the 2001 Order Conditions to allow WCS to use such
chemical reagents as it deems necessary for treatment and stabilization
of MW containing SNM, provided that the SNM mass does not exceed
specified concentration limits. The 2004 Order was published on
November 12, 2004 (69 FR 65468). The conditions specified in the 2004
Order were described in the October 2004 EA and October 2004 SER that
supported the 2004 Order.
By letter dated December 10, 2007, WCS requested modifications to
the 2004 Order to discontinue confirmation sampling upon receipt of
waste that WCS verifies is adequately characterized by a waste
generator to be uniform and which contains less than one-thousandth of
the SNM concentration limits presented in Condition 1; and to meet the
confirmatory sampling requirements of Condition 7 for sealed sources
using surface smear surveys. The NRC issued a superseding Order to WCS
on October 20, 2009 (2009 Order). The 2009 Order allowed WCS to
discontinue waste generator and WCS confirmation sampling for waste
that WCS verifies is adequately characterized by a waste generator to
be uniform and which contains less than one tenth of the SNM
concentration limits presented in Condition 1; allowed WCS to
discontinue confirmatory sampling requirements for sealed sources;
clarified Condition 2 with respect to ``pure forms'' of certain
chemicals; and clarified the spatial uniformity requirement for waste
received by WCS. The 2009 Order was published on October 26, 2009 (74
FR 55072). The
[[Page 34902]]
conditions specified in the 2009 Order were described in the October
2009 EA and SER that supported the 2009 Order.
In July 2013, by Amendment No. 22 of RML R04100, the TCEQ began to
merge the license requirements in RML R04971 (for the radioactive waste
treatment, storage, and processing facility) with the requirements in
RML R04100 (for the LLRW land disposal facility). In Amendment No. 22
of RML R04100, the TCEQ license requirements related to the NRC 2009
Order in RML R04971 for the WCS treatment, storage, and processing
facility were transferred to RML R04100. Previous NRC Orders referred
to a specific location on the WCS Site as the treatment, storage, and
processing facility. Subsequently, WCS began referring to that specific
location on the WCS Site as the ``Treatment, Storage and Disposal
Facility.'' In this Order, the NRC will use the name ``Treatment,
Storage, and Disposal Facility'' and the abbreviation TSDF to reference
that specific location on the WCS Site.
By letter dated July 18, 2014, WCS requested an exemption from NRC
regulations to possess SNM in excess of the critical mass limits
specified in 10 CFR 150.11, move the LANL Waste from the TSDF to the
FWF disposal cell, and temporarily store the LANL Waste in the WCS FWF
disposal cell. The WCS request referenced the actions that WCS had
taken in response to the DOE investigation of an unplanned February
2014 radiation release event at the DOE Waste Isolation Pilot Plant
(WIPP) Facility in New Mexico (i.e., WIPP Incident). Due to the WIPP
Incident, the DOE suspended operations at the WIPP Facility. As a
result, WCS began receiving the LANL Waste from the DOE in April 2014.
The LANL Waste is transuranic waste with SNM that originated from the
DOE LANL and is destined for disposal at the DOE WIPP Facility. WCS
intended to temporarily store the LANL Waste at the WCS TSDF until the
DOE shipped the LANL Waste off the WCS Site.
Based on the DOE investigation of the WIPP Incident, the DOE
subsequently informed WCS that some of the LANL Waste being temporarily
stored at the WCS TSDF could, under certain conditions, react and
potentially result in a release of transuranic radionuclides to the
environment. On June 12, 2014, WCS responded to the DOE information by
starting to voluntarily move the identified LANL Waste to the WCS FWF
disposal cell on the WCS Site for temporary storage. However, the WCS
FWF disposal cell was not a location addressed under the 2009 Order, so
WCS needed NRC permission to move the LANL Waste from the TSDF to the
FWF disposal cell and temporarily store the LANL Waste in the WCS FWF
disposal cell.
The NRC issued a Superseding Order to WCS on December 3, 2014 (2014
Order). The 2014 Order was published on December 11, 2014 (79 FR
73647). The 2014 Order allowed WCS to move the LANL Waste from the TSDF
to the FWF disposal cell and temporarily store the LANL Waste in the
WCS FWF disposal cell. The conditions specified in the 2014 Order were
further described in the October 2014 EA (ML14238A208), and November
2014 SER (ML14230A804) that supported the 2014 Order.
The current and previous NRC Orders to WCS (2001, 2004, 2009, and
2014) addressed the issue that 10 CFR 70.3, ``License requirements,''
requires persons who own, acquire, deliver, receive, possess, use, or
transfer SNM to obtain an NRC license pursuant to the requirements in
10 CFR part 70. However, 10 CFR 150.10, ``Persons exempt,'' exempts a
person in an Agreement State who possesses SNM in quantities not
sufficient to form a critical mass from the NRC's imposed licensing
requirements and regulations. The method for calculating the quantity
of SNM not sufficient to form a critical mass is set out in 10 CFR
150.11. Therefore, prior to the NRC 2001 Order, WCS was required to
comply with NRC regulatory requirements and obtain an NRC specific
license to possess SNM in quantities greater than amounts established
in 10 CFR 150.11. The 2001 WCS exemption request to NRC proposed to use
concentration-based limits rather than mass-based limits at the WCS
Site. The NRC 2001 Order granted, and the subsequent NRC Orders (2004,
2009, and 2014) continued, the use of concentration-based limits with
conditions at the WCS Site.
The 2014 NRC Order to WCS contains conditions that allow WCS to
possess and temporarily store DOE LANL Waste at two locations at the
WCS Site (i.e., FWF disposal cell, TSDF) without obtaining an NRC part
70 license. The conditions in the 2014 Order were modified by five NRC
letters to WCS dated September 23, 2016 (ML16097A265), September 26,
2017 (ML17234A415), December 19, 2018 (ML18269A318), December 7, 2020
(ML20252A182), and June 8, 2022 (ML22094A131).
By letter dated June 30, 2022, and supplemented by the NRC
clarification calls with WCS (ML22257A219), WCS requested that the NRC
modify the conditions in the 2014 Order (as supplemented by the five
NRC letters from 2016 to 2022) to allow WCS to: (1) move the DOE LANL
Waste from one location at the WCS Site (the WCS FWF disposal cell) to
another location at the WCS Site (the WCS TSDF BSA-1 Enclosure), (2)
prepare the LANL Waste for shipment in the WCS TSDF BSA-1 Enclosure,
and (3) temporarily store the LANL Waste in the WCS TSDF BSA-1
Enclosure until the DOE ships the LANL Waste off the WCS Site. After
evaluating WCS's exemption request, the NRC staff decided that the
appropriate action is to grant the request with Conditions. The reasons
for that decision are further described in the SER (ML22221A080) for
the June 30, 2022 request.
The NRC reviewed the information in the WCS request and, along with
clarifying teleconference calls and other public and non-public
information provided by WCS, the NRC decided that the appropriate
action is to grant the WCS request but has modified the WCS request to
include additional conditions as described in this 2023 Order (2023
Order). As further described in the SER for this WCS request, the NRC
has determined that the conditions in this 2023 Order are authorized by
law and will not endanger life or property or the common defense and
security and is otherwise in the public interest to allow WCS to
undertake the activities described in the request.
In this 2023 Order, Conditions 1 through 7 remain the same as in
the 2014 Order. A new Condition 8 is added to reflect the September 26,
2017 NRC supplemental letter to WCS (ML17234A415). The 2014 Order
Conditions 8 through 11 are renumbered as Conditions 9 through 12 to
address the new Condition 8. The 2014 Order Conditions 8.A. through
8.A.3. are renumbered as Conditions 9.A. through 9.A.3. and updated to
reflect the September 26, 2017, NRC supplemental letter to WCS
(ML17234A415). The 2014 Order Conditions 8.B. through 8.B.6 are
renumbered as 9.B. through 9.B.6. and updated to reflect the five NRC
supplemental letters to WCS from 2016 to 2022 (September 23, 2016
(ML16097A265), September 26, 2017 (ML17234A415), December 19, 2018
(ML18269A318), December 7, 2020 (ML20252A182), and June 8, 2022
(ML22094A131)).
The 2023 Order adds Conditions 9.C. through 9.C.2 to reflect NRC
approval of WCS moving the LANL Waste from the FWF disposal cell to the
TSDF BSA-1 Enclosure. The 2023 Order adds Conditions 9.D. through
9.D.2. to reflect NRC approval of WCS preparing the LANL Waste for
shipment in the TSDF BSA-1 Enclosure. No additional conditions are
needed to reflect NRC
[[Page 34903]]
approval of WCS temporarily storing the LANL Waste in the TSDF BSA-1
Enclosure because that was previously approved in the 2014 Order. As
such, Conditions 1 through 12 of this 2023 Order are updated and listed
in Section III below.
III
I have concluded, based on the staff's evaluation and pursuant to
10 CFR 70.17(a), that the exemption as described below at the WCS Site
is authorized by law, will not endanger life or property or the common
defense and security and is otherwise in the public interest.
Therefore, pursuant to Sections 51, 161b, 161c, 161i, 182, 186, and 274
of the Atomic Energy Act of 1954, as amended, and the Commission's
regulations in 10 CFR 2.202 and 10 CFR part 70 as applicable, it is
hereby ordered that:
WCS is exempted from the requirements of 10 CFR part 70, including
the requirements for an NRC license in 10 CFR 70.3 subject to the
conditions listed below. This Order supersedes the 2014 Order, as
modified by five NRC letters to WCS dated September 23, 2016
(ML16097A265), September 26, 2017 (ML17234A415), December 19, 2018
(ML18269A318), December 7, 2020 (ML20252A182), and June 8, 2022
(ML22094A131).
1. Concentrations of SNM in individual waste containers and/or
during processing shall not exceed the following values:
------------------------------------------------------------------------
Operational Measurement
limit (gram uncertainty
SNM isotope SNM/ gram (gram SNM/
waste) gram waste)
------------------------------------------------------------------------
U-233................................... 4.7E-04 7.1E-05
U-233................................... 4.7E-04 7.1E-05
U-235 (10 percent enriched)............. 9.9E-04 1.5E-04
U-235 (100 percent enriched)............ 6.2E-04 9.3E-05
Pu-239.................................. 2.8E-04 4.2E-05
Pu-241.................................. 2.2E-04 3.2E-05
------------------------------------------------------------------------
When mixtures of these SNM isotopes are present in the waste, the
sum-of-the-fractions rule, as illustrated below, shall be used.
[GRAPHIC] [TIFF OMITTED] TN31MY23.213
The measurement uncertainty values in column 3 above represent the
maximum one-sigma uncertainty associated with the measurement of the
concentration of the particular radionuclide.
The SNM must be uniformly distributed throughout the waste, such
that the limiting concentrations must not be exceeded on average in any
contiguous mass of 600 kilograms.
2. The mass concentration of carbon, fluorine, and bismuth in the
waste must be limited as follows:
------------------------------------------------------------------------
Carbon Fluorine Bismuth
SNM isotope wt% wt% wt%
------------------------------------------------------------------------
U-233.................................. 28 34 34
U-235(10).............................. 25 35 31
U-235(100)............................. 41 42 33
Pu-239................................. 43 43 34
Pu-241................................. 37 39 32
------------------------------------------------------------------------
For waste containing mixtures of C, F, and Bi, the sum of the
weight fractions of C, F, and Bi shall be compared to the most
restrictive maximum allowable weight fractions for any one of those
elements. Similarly, where mixtures of radionuclides are present in the
waste, the limiting maximum allowable weight fraction of C, F, and Bi
shall be applied. The presence of the above materials will be
determined and documented by the generator, based on process knowledge
or testing.
3. Waste accepted shall not contain total quantities of beryllium,
hydrogenous material enriched in deuterium, or graphite above one tenth
of one percent of the total weight of the waste. The presence of the
above materials will be determined and documented by the generator,
based on process knowledge, or testing.
4. Possession of highly water soluble forms of SNM shall not exceed
the amount of SNM of low strategic significance defined in 10 CFR 73.2,
``Definitions.'' Highly soluble forms of SNM include, but are not
limited to: uranium sulfate, uranyl acetate, uranyl chloride, uranyl
formate, uranyl fluoride, uranyl nitrate, uranyl potassium carbonate,
uranyl sulfate, plutonium chloride, plutonium fluoride, and plutonium
nitrate. The presence of the above materials will be determined and
documented by the generator, based on process knowledge or testing.
5. Processing of mixed waste containing SNM will be limited to
chemical stabilization (i.e., mixing waste with reagents). For batches
with more than 600 kilograms of waste, the total mass of SNM shall not
exceed the concentration limits in Condition 1 times 600 kilograms of
waste.
6. Prior to shipment of waste, WCS shall require generators to
provide a written certification containing the following information
for each waste stream:
a. Waste Description. The description must detail how the waste was
generated, list the physical forms in the
[[Page 34904]]
waste, and identify uranium chemical composition.
Waste Characterization Summary. The data must include a general
description of how the waste was characterized (including the
volumetric extent of the waste, and the number, location, type, and
results of any analytical testing), the range of SNM concentrations,
and the analytical results with error values used to develop the
concentration ranges.
b. Uniformity Description. A description of the process by which
the waste was generated showing that the spatial distribution of SNM is
homogeneous or other information supporting spatial homogeneity.
c. Manifest Concentration. The generator must describe the methods
to be used to determine the concentrations on the manifests. These
methods could include direct measurement and the use of scaling
factors. The generator must describe the uncertainty associated with
sampling and testing used to obtain the manifest concentrations.
WCS shall review the above information and, if adequate, approve in
writing this pre-shipment waste characterization and assurance plan
before permitting the shipment of a waste stream. This will include
statements that WCS has a written copy of all the information required
above, that the characterization information is adequate and consistent
with the waste description, and that the information is sufficient to
demonstrate compliance with Conditions 1 through 4. Where generator
process knowledge is used to demonstrate compliance with Conditions 1,
2, 3, or 4, WCS shall review this information and determine when
testing is required to provide additional information in assuring
compliance with the Conditions. WCS shall retain this information to
permit independent review.
At the time waste is received, WCS shall require generators of SNM
waste to provide a written certification with each waste manifest that
states that the SNM concentrations reported on the manifest do not
exceed the limits in Condition 1, and that the waste meets Conditions 2
through 4.
WCS shall require generators to sample and determine the SNM
concentration for each waste stream, not to include sealed sources, at
a frequency of once per 600 kg if the concentrations are above one
tenth the SNM limits of Condition 1. The measurement uncertainty shall
not exceed the uncertainty value in Condition 1 and shall be provided
on the written certification.
7. WCS shall sample and determine the SNM concentration for each
waste stream, not to include sealed sources, at a frequency of once per
600 kg if the concentrations are above one tenth the SNM limits of
Condition 1. This confirmatory testing is not required for waste to be
disposed of at DOE's WIPP Facility.
8. Upon possession, all waste applies towards the aboveground SNM
possession limit except the waste: (1) disposed at the WCS Site; or (2)
transported off the WCS Site--unless the waste is transported from the
WCS Site to the WCS-owned rail spur.
9. The ``WIPP Incident'' is the February 14, 2014, unplanned
radiation release event at the DOE WIPP Facility in New Mexico. The
following relate to WCS storing DOE transuranic waste that originated
at the LANL, which are destined to be disposed of at the DOE WIPP
Facility (i.e., ``LANL Waste''), at either the WCS TSDF or the WCS FWF
disposal cell:
A. The following conditions are applicable to LANL Waste stored at
the FWF disposal cell and other SNM-bearing waste stored or disposed of
at the FWF:
1. The following waste is allowed to be stored at the WCS FWF
disposal cell: LANL Waste in accordance with the concentration-based
limits specified in Conditions 1 through 7, provided that it is in
Standard Waste Boxes (SWBs) analyzed to be safe in the DOE ``Nuclear
Critical Safety Evaluation,'' WIPP-016, Rev. 4. The lids of the SWBs
shall be bolted or similarly secured to the body and the SWBs shall be
placed inside Modular Concrete Canisters (MCCs) consistent with the
configurations analyzed in WIPP-016.
2. The LANL Waste shall be isolated from other SNM-bearing waste by
a minimum of 6.096 meters (20 feet).
3. The LANL Waste in MCCs shall be stacked no more than one MCC
high.
B. The following conditions are applicable to all the LANL Waste
stored at either the TSDF or the FWF disposal cell:
1. WCS shall follow the general reporting and recordkeeping
requirements of 10 CFR part 74, ``Material Control and Accounting of
Special Nuclear Material,'' that are applicable to those who possess
SNM of 1 gram or more. Those requirements are: (1) notification to the
NRC within 1 hour of discovery of any unauthorized removal of SNM which
WCS is authorized to possess; and (2) maintenance of a recordkeeping
program showing the receipt, inventory, acquisition, transfer, and
disposal of all SNM in WCS' possession.
2. The contents and matrices of the LANL Waste in the inner
containers shall conform to the description in the WCS non-public
information.
3. The physical security plan for the LANL Waste shall be
maintained to specifically include detection, assessment, and response
methods and procedures for the LANL Waste for as long as the LANL Waste
is at the WCS Site.
4. WCS is allowed to possess the LANL Waste until December 31,
2024.
5. The LANL Waste shall remain unopened in the inner container in
which it was shipped, unless WCS needs to take an action on one of the
inner containers based on knowledge from DOE's investigation of the
WIPP Incident. Only one inner container may be open at a time.
6. WCS shall keep NRC informed of the status of the DOE
investigation of the WIPP Incident. If DOE determines that some of LANL
Waste at the WCS Site was similar to the waste that DOE determines to
have contributed to the WIPP Incident, then WCS shall notify the NRC.
C. The following conditions are applicable while moving the LANL
Waste from the FWF disposal cell to the TSDF BSA-1 Enclosure:
1. The Final WCS Documented Safety Analysis shall be followed while
moving the LANL Waste from the FWF disposal cell to the TSDF BSA-1
Enclosure, including performing the following sub-activities for each
MCC:
remove the protective sand layer within the FWF disposal
cell,
remove the MCC from its FWF disposal cell storage
location,
place the MCC on the moving equipment,
move the MCC into the TSDF BSA-1 Enclosure, and
place the MCC in the TSDF BSA-1 Enclosure.
2. While moving the LANL Waste from the FWF disposal cell to the
TSDF BSA-1 Enclosure, WCS shall ensure the following:
there is no fuel storage or flammable material areas in
either the FWF or near the route from the FWF disposal cell to the TSDF
BSA-1 Enclosure,
fuel leaks are quickly dispersed and isolated, and
there is no vehicle traffic along the route from the FWF
disposal cell to the TSDF BSA-1 Enclosure.
D. The following conditions are applicable while preparing the LANL
Waste for shipment in the TSDF BSA-1 Enclosure:
1. The Final WCS Documented Safety Analysis shall be followed while
preparing the LANL Waste for shipment in the TSDF BSA-1 Enclosure
(i.e.,
[[Page 34905]]
under negative pressure with high efficiency particulate air (HEPA)
filtration system and temperature control using heating, ventilation,
and air conditioning (HVAC) system), including performing the following
sub-activities for each MCC:
remove the pea gravel from the MCC, and
for each SWB in that MCC:
[cir] replace the lifting straps of the SWB in the MCC,
[cir] remove the SWB from the MCC,
[cir] replace filters in the SWB (as needed),
[cir] add additional filters in the SWB (as needed),
[cir] perform borescope work in the SWB (as needed),
[cir] take air samples from the head space within the SWB (as
needed), and
[cir] place the SWB in temporary storage within the BSA-1
Enclosure.
2. While preparing the LANL Waste for shipment in the TSDF BSA-1
Enclosure, WCS shall ensure the following:
there are no explosive material storage areas in the TSDF
BSA-1 Enclosure, and
there is no vehicle traffic in the TSDF BSA-1 Enclosure.
10. WCS shall notify the NRC, Region IV office within 24 hours if
any of the above Conditions are violated. A written notification of the
event must be provided within 7 days.
11. WCS shall obtain NRC's approval prior to changing any
activities associated with the above Conditions.
12. The Director of the Office of Nuclear Material Safety and
Safeguards (or designee), may, in writing, relax or rescind any of the
above conditions upon demonstration by WCS of good cause.
IV
In accordance with 10 CFR 2.202, WCS must, and any other person
adversely affected by this Order may, submit an answer to this Order
within 20 days of its publication in the Federal Register. In addition,
WCS and any other person adversely affected by this Order may request a
hearing on this Order within 20 days of its publication in the Federal
Register. Where good cause is shown, consideration will be given to
extending the time to answer or request a hearing. A request for
extension of time must be directed to the Director, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, and
include a statement of good cause for the extension.
All documents filed in NRC adjudicatory proceedings, including a
request for hearing and petition for leave to intervene (petition), any
motion or other document filed in the proceeding prior to the
submission of a request for hearing or petition to intervene, and
documents filed by interested governmental entities that request to
participate under 10 CFR 2.315(c), must be filed in accordance with the
NRC's E-Filing rule (72 FR 49139; August 28, 2007, as amended at 77 FR
46562; August 3, 2012). The E-Filing process requires participants to
submit and serve all adjudicatory documents over the internet, or in
some cases to mail copies on electronic storage media. Detailed
guidance on making electronic submissions may be found in the Guidance
for Electronic Submissions to the NRC and on the NRC website at https://www.nrc.gov/site-help/e-submittals.html. Participants may not submit
paper copies of their filings unless they seek an exemption in
accordance with the procedures described below.
To comply with the procedural requirements of E-Filing, at least 10
days prior to the filing deadline, the participant should contact the
Office of the Secretary by email at [email protected], or by
telephone at 301-415-1677, to (1) request a digital identification (ID)
certificate, which allows the participant (or its counsel or
representative) to digitally sign submissions and access the E-Filing
system for any proceeding in which it is participating; and (2) advise
the Secretary that the participant will be submitting a petition or
other adjudicatory document (even in instances in which the
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the
Secretary will establish an electronic docket for the hearing in this
proceeding if the Secretary has not already established an electronic
docket.
Information about applying for a digital ID certificate is
available on the NRC's public website at https://www.nrc.gov/site-help/e-submittals/getting-started.html. Once a participant has obtained a
digital ID certificate and a docket has been created, the participant
can then submit adjudicatory documents. Submissions must be in Portable
Document Format (PDF). Additional guidance on PDF submissions is
available on the NRC's public website at https://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the
time the document is submitted through the NRC's E-Filing system. To be
timely, an electronic filing must be submitted to the E-Filing system
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of
a transmission, the E-Filing system time-stamps the document and sends
the submitter an email notice confirming receipt of the document. The
E-Filing system also distributes an email notice that provides access
to the document to the NRC's Office of the General Counsel and any
others who have advised the Office of the Secretary that they wish to
participate in the proceeding, so that the filer need not serve the
document on those participants separately. Therefore, applicants and
other participants (or their counsel or representative) must apply for
and receive a digital ID certificate before adjudicatory documents are
filed so that they can obtain access to the documents via the E-Filing
system.
A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic
Filing Help Desk through the ``Contact Us'' link located on the NRC's
public website at https://www.nrc.gov/site-help/e-submittals.html, by
email to [email protected], or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m.
and 6 p.m., Eastern Time, Monday through Friday, excluding government
holidays.
Participants who believe that they have a good cause for not
submitting documents electronically must file an exemption request, in
accordance with 10 CFR 2.302(g), with their initial paper filing
stating why there is good cause for not filing electronically and
requesting authorization to continue to submit documents in paper
format. Such filings must be submitted by: (1) first-class mail
addressed to the Office of the Secretary of the Commission, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemaking and Adjudications Staff; or (2) courier, express mail, or
expedited delivery service to the Office of the Secretary, 11555
Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and
Adjudications Staff. Participants filing adjudicatory documents in this
manner are responsible for serving the document on all other
participants. Filing is considered complete by first-class mail as of
the time of deposit in the mail, or by courier, express mail, or
expedited delivery service upon depositing the document with the
provider of the service. A presiding officer, having granted an
exemption request from using E-Filing, may require a participant or
party to use E-Filing if the presiding officer subsequently determines
that the reason for granting
[[Page 34906]]
the exemption from use of E-Filing no longer exists.
Documents submitted in adjudicatory proceedings will appear in the
NRC's electronic hearing docket which is available to the public at
https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the
Commission or the presiding officer. If you do not have an NRC-issued
digital ID certificate as described above, click ``cancel'' when the
link requests certificates and you will be automatically directed to
the NRC's electronic hearing dockets where you will be able to access
any publicly available documents in a particular hearing docket.
Participants are requested not to include personal privacy information,
such as social security numbers, home addresses, or personal phone
numbers in their filings, unless an NRC regulation or other law
requires submission of such information. For example, in some
instances, individuals provide home addresses in order to demonstrate
proximity to a facility or site. With respect to copyrighted works,
except for limited excerpts that serve the purpose of the adjudicatory
filings and would constitute a Fair Use application, participants are
requested not to include copyrighted materials in their submission.
If a person other than WCS requests a hearing, that person shall
set forth with particularity the manner in which their interest is
adversely affected by this Order and shall address the criteria set
forth in 10 CFR 2.309(d) and (f).
If a hearing is requested by WCS or a person whose interest is
adversely affected, the Commission will issue an Order designating the
time and place of any hearings. If a hearing is held, the issue to be
considered at such hearing shall be whether this Order should be
sustained. In the absence of any request for hearing, or written
approval of an extension of time in which to request a hearing, the
provisions specified in Section III above shall be final 20 days from
the date this Order is published in the Federal Register without
further order or proceedings. If an extension of time for requesting a
hearing has been approved, the provisions specified in Section III
shall be final when the extension expires if a hearing request has not
been received.
Dated: May 22, 2023.
For the Nuclear Regulatory Commission.
John W. Lubinski,
Director, Office of Nuclear Material Safety and Safeguards.
Attachment 2--Availability of Documents
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
Document Register citation
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2023 NRC EA for 2023 Order, dated May ML22228A134.
15, 2023.
Summary of NRC Clarification Calls with ML22257A219.
WCS.
2022 WCS Request for Superseding Order, ML22200A046.
dated June 30, 2022.
NRC Letter Supplementing 2014 Order, ML22094A131.
dated June 8, 2022.
NRC Letter Supplementing 2014 Order, ML20252A182.
dated December 7, 2020.
NRC Letter Supplementing 2014 Order, ML18269A318.
dated December 19, 2018.
NRC Letter Supplementing 2014 Order, ML17234A415.
dated September 26, 2017.
NRC Letter Supplementing 2014 Order, ML16097A265.
dated September 23, 2016.
2014 Order, dated December 3, 2014...... 79 FR 73647.
2009 Order, dated October 20, 2009...... 74 FR 55071.
2004 Order, dated November 5, 2004...... 69 FR 65468.
2001 Order, dated October 30, 2001...... 66 FR 57489.
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[FR Doc. 2023-11442 Filed 5-30-23; 8:45 am]
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