[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]


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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.

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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:
    <bullet> 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: <a href="/cdn-cgi/l/email-protection#b5f6d4c7dad99bf2d4d9d9d4d2ddd0c7f5dbc7d69bd2dac3"><span class="__cf_email__" data-cfemail="f4b795869b98dab395989895939c9186b49a8697da939b82">[email protected]</span></a>. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
    <bullet> 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 <a href="/cdn-cgi/l/email-protection#bacadec894c8dfc9d5cfc8d9dffad4c8d994ddd5cc"><span class="__cf_email__" data-cfemail="28584c5a065a4d5b475d5a4b4d68465a4b064f475e">[email protected]</span></a>. 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.
    <bullet> 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: 
<a href="/cdn-cgi/l/email-protection#df95b0b7b1f197bea6baac9fb1adbcf1b8b0a9"><span class="__cf_email__" data-cfemail="115b7e797f3f5970687462517f63723f767e67">[email protected]</span></a>.

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\
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    \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.
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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.
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    \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.
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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


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