Westinghouse Electric Company, LLC; Columbia Fuel Fabrication Facility; and US Ecology, Inc.; Idaho Resource Conservation and Recovery Act Subtitle C Hazardous Disposal Facility Located Near Grand View, Idaho

Published date16 December 2020
Citation85 FR 81525
Record Number2020-27608
SectionNotices
CourtNuclear Regulatory Commission
Federal Register, Volume 85 Issue 242 (Wednesday, December 16, 2020)
[Federal Register Volume 85, Number 242 (Wednesday, December 16, 2020)]
                [Notices]
                [Pages 81525-81527]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-27608]
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                NUCLEAR REGULATORY COMMISSION
                [Docket No. 70-1151; NRC-2020-0265]
                Westinghouse Electric Company, LLC; Columbia Fuel Fabrication
                Facility; and US Ecology, Inc.; Idaho Resource Conservation and
                Recovery Act Subtitle C Hazardous Disposal Facility Located Near Grand
                View, Idaho
                AGENCY: Nuclear Regulatory Commission.
                ACTION: License amendment and exemption; issuance.
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                SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
                exemption and associated license amendment related to a request from
                Westinghouse Electric Company, LLC (WEC) from NRC regulations with
                respect to a request for alternate disposal and exemption for specified
                low-activity radioactive waste from the Columbia Fuel Fabrication
                Facility
                [[Page 81526]]
                (CFFF) in Hopkins, South Carolina for waste containing byproduct
                material and special nuclear material (SNM) under License Number SNM-
                1107. Additionally, the NRC is taking the related action of approving
                exemptions to US Ecology, Inc. (USEI) from the applicable licensing
                requirements to allow USEI to receive and possess the material from
                CFFF without an NRC license. The USEI disposal facility, located near
                Grand View, Idaho, is a Subtitle C Resource Conservation and Recovery
                Act (RCRA) hazardous waste disposal facility permitted by the State of
                Idaho to receive low-level radioactive waste and is not licensed by the
                NRC. Approval of the alternate disposal request from WEC, the
                exemptions and license amendment requested by WEC and associated
                exemptions for USEI would allow WEC to transfer the specific waste from
                CFFF for disposal at USEI.
                DATES: This exemption is effective on December 9, 2020.
                ADDRESSES: Please refer to Docket ID NRC-2020-0265 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-2020-0265. Address
                questions about Docket IDs in Regulations.gov to Jennifer Borges;
                telephone: 301-287-9127; email: [email protected]. For technical
                questions, contact the individual listed in the FOR FURTHER INFORMATION
                CONTACT section of this document.
                 NRC's Agencywide Documents Access and Management System
                (ADAMS): You may obtain publicly available documents online in the
                ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS
                Search.'' For problems with ADAMS, please contact the NRC's Public
                Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or
                by email to [email protected]. The Request for Alternate Disposal
                Approval and Exemption for Specific Columbia Fuel Fabrication Facility
                Waste (License No. SNM-1197, Docket No. 70-1151) is available in ADAMS
                under Package Accession No. ML20129J934. The Response to Request for
                Additional Information--Alternate Disposal Approval and Exemptions for
                Specific Columbia Fuel Fabrication Facility Waste (License No. SNM-
                1107, Docket No. 70-1151) dated September 22, 2020 is available in
                ADAMS under Accession No. ML20266G551. The Response to Request for
                Additional Information--Alternate Disposal Approval and Exemptions for
                Specific Columbia Fuel Fabrication Facility Waste (License No. SNM-
                1107, Docket No. 70-1151) dated October 13, 2020 is available in ADAMS
                under Accession No. ML20287A545. The staff's Safety Evaluation Report
                dated November 30, 2020 is available in ADAMS under Package Accession
                No. ML20329A352.
                 Attention: The PDR, where you may examine and order copies
                of public documents is currently closed. You may submit your request to
                the PDR via email at [email protected] or call 1-800-397-4209
                between 8:00 a.m. and 4:00 p.m. (EST), Monday through Friday, except
                Federal holidays.
                FOR FURTHER INFORMATION CONTACT: David Tiktinsky, Office of Nuclear
                Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
                Washington DC 20555-0001; telephone: 301-415-8740, email:
                [email protected].
                SUPPLEMENTARY INFORMATION:
                I. Background
                 Westinghouse Electric Company, LLC (WEC) is the holder of a Special
                Nuclear Materials (SNM) License SNM-1107 under part 70 of title 10 of
                the Code of Federal Regulations (10 CFR), which authorizes the
                fabrication of nuclear fuel at the Columbia Fuel Fabrication Facility
                (CFFF). The US Ecology, Inc. (USEI) disposal facility near Grand View,
                Idaho is a Subtitle C Resource Conservation and Recovery Act (RCRA)
                hazardous waste disposal facility permitted by the State of Idaho to
                receive radioactive waste that is not licensed or exempted from
                licensing by the NRC.
                II. Request/Action
                 The proposed action would approve the alternate disposal request
                and provide exemptions to 10 CFR 70.3 and 10 CFR 30.3, and an
                associated WEC license amendment, allowing WEC to transfer and USEI to
                receive and dispose specific wastes.
                 The East Lagoon is a treatment/settling pond that is approximately
                160' x 130'. The East Lagoon receives liquid inputs such as effluent
                from the Deionized Water Building (primarily from regeneration water
                from resin beds) and rainwater from containment areas such as the
                chemical tank farm. The East Lagoon also provides extra capacity for
                overflow from other lagoons or for containment in the event of a spill
                or emergency. Current East Lagoon operations are regulated under
                Westinghouse's National Pollutant Discharge Elimination System permit
                for the Columbia site. However, based on past wastewater treatment area
                operations and the age of the East Lagoon liner, a Wastewater Treatment
                Area Operable Unit was established under the South Carolina Department
                of Health and Environmental Control (SCDHEC) Consent Agreement signed
                on February 26, 2019. As part of the Consent Agreement, the East Lagoon
                is planned for closure and remediation. The East Lagoon contains
                approximately 3 to 4 feet of radiologically contaminated sludge. The
                East Lagoon was originally lined in the early 1980's. While this liner
                is still in place, WEC assumes it may have lost some integrity.
                Therefore, there is the possibility of soil contamination under and
                around the East Lagoon due to leaching that would also be excavated and
                disposed of as part of this action. Approximately 45,000 ft\3\ of
                sludge, soil and debris will be generated from the closure of the East
                Lagoon. The waste from the East Lagoon being considered under this
                request is contaminated with SNM (low enriched uranium {2 sludge
                previously dredged from the Calcium Fluoride Lagoons and subsequently
                placed in a storage pile. The CaF2 sludge was generated as a
                waste from uranium recovery waste treatment process and is contaminated
                with SNM (low enriched uranium {2 sludge to USEI
                using a combination of trucks and railcars.
                 WEC also intends to dispose of up to 526 obsolete UF6
                Cylinders, which represent a disposal volume of approximately 651 m\3\
                (23,000 ft\3\) prior to downsizing. The UF6 Cylinders are
                transportation containers that are no longer in service. The
                UF6 Cylinders are solid form (steel), approximately 1.8 m (6
                ft) in length and 0.76 m (2.5 ft) in diameter. The UF6
                Cylinders are empty and have been through the UF6 Cylinder
                internal wash/rinse process following their last use and prior to being
                placed into storage pending disposal. The UF6
                [[Page 81527]]
                Cylinders will be downsized to eliminate void space prior to packaging
                for shipment offsite for disposal. While emptied and cleaned, the
                UF6 Cylinders are still internally contaminated with SNM.
                 The UF6 Cylinders will be transported to the USEI site
                by trucks, separate from the aggregated waste shipments described
                above.
                III. Discussion
                 Pursuant to 10 CFR 70.17 and 10 CFR 30.11, the Commission may, upon
                application of any interested person or upon its own initiative, grant
                such exemptions from the requirements of 10 CFR part 70 and part 30
                respectively, 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.
                The Exemption Is Authorized by Law
                 The proposal provides that the material described above would be
                transported in compliance with U.S. Department of Transportation
                regulations to USEI in Idaho, which is a Subtitle C RCRA hazardous
                waste disposal facility permitted by the State of Idaho. As such, the
                material will be removed per State and local regulations, will be
                shipped per existing Federal regulations to a location approved by the
                State of Idaho to receive the material, and such disposal is not
                otherwise contrary to NRC requirements, and is therefore authorized by
                law.
                The Exemption Will Not Endanger Life, Property and Is Consistent With
                the Common Defense and Security
                 NRC staff reviewed the information provided by WEC to support their
                10 CFR 20.2002 alternate disposal request and for the specific
                exemptions from 10 CFR 30.3 and 10 CFR 70.3 and associated license
                amendment in order to dispose of aggregated waste and UF6
                Cylinders at USEI. As documented in the Safety Evaluation Report, the
                NRC staff concludes that, consistent with 10 CFR 20.2002, WEC provided
                an adequate description of the materials and the proposed manner and
                conditions of waste disposal. The NRC staff also concluded that the use
                of the site-specific dose assessment methodology to evaluate the
                projected doses associated with the transportation and disposal of the
                waste streams at USEI are acceptable. The NRC staff reviewed the input
                parameters included in this modeling and found that they are
                appropriate for the scenarios considered. The NRC staff also evaluated
                the potential doses associated with transportation, waste handling, and
                disposal and found that the projected doses have been appropriately
                estimated and are demonstrated to meet the NRC's alternate disposal
                standard of contributing a dose of not more than ``a few millirem per
                year'' to any member of the public and are as low as is reasonably
                achievable. The NRC staff also concluded that the projected doses from
                the post-closure and intruder scenarios at USEI are also within ``a few
                millirem per year'' over a period of 1,000 years. Lastly, because of
                the presence of SNM, the NRC evaluated potential criticality in its
                SER, and found no concerns. Therefore, the NRC concludes that issuance
                of the exemption is will not endanger life, property, and is consistent
                with the common defense and security.
                The Exemption Is in the Public Interest
                 Issuance of the exemptions to WEC and USEI is in the public
                interest because it would provide for the efficient and safe disposal
                for the subject waste material, would facilitate the decommissioning of
                the East Lagoon at the CFFF site consistent with the consent agreement
                between CFFF and SCDHEC, and would conserve low-level radioactive waste
                disposal capacity at licensed low-level radioactive disposal sites,
                while ensuring that the material being considered is disposed of safely
                in a regulated facility. Therefore, based upon the evaluation above, an
                exemption is appropriate pursuant to 10 CFR 30.11 and 10 CFR 70.17.
                IV. Environmental Considerations
                 As required by 10 CFR 51.21, the NRC performed an environmental
                assessment (EA) that analyzes the environmental impacts of the proposed
                exemption in accordance with the National Environmental Policy Act of
                1969 and NRC implementing regulations in 10 CFR part 51. Based on that
                EA, the NRC staff has determined not to prepare an environmental impact
                statement for the proposed exemption and has issued a finding of no
                significant impact (FONSI). The EA and FONSI were published in the
                Federal Register on December 9, 2020 (85 FR 79228).
                V. Conclusions
                 Accordingly, the Commission has determined that, pursuant to 10 CFR
                70.17 and 10 CFR 30.11, the exemptions for WEC and USEI and associated
                WEC license amendment are authorized by law, will not present an undue
                risk to the public health and safety, is consistent with the common
                defense and security, and is in the public interest. Therefore, the
                Commission hereby grants WEC and USEI exemptions from 10 CFR 70.3 and
                10 CFR 30.3 to allow WEC to transfer the specifically identified
                byproduct material and SNM waste described above from the WEC CFFF for
                disposal at the USEI disposal facility located near Grand View, Idaho,
                and issues WEC a conforming license amendment.
                 Dated: December 10, 2020.
                 For the Nuclear Regulatory Commission.
                Damaris Marcano,
                Acting Chief, Fuel Facility Licensing Branch, Division of Fuel
                Management, Office of Nuclear Material Safety and Safeguards.
                [FR Doc. 2020-27608 Filed 12-15-20; 8:45 am]
                BILLING CODE 7590-01-P
                

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