[Federal Register Volume 87, Number 47 (Thursday, March 10, 2022)]
[Notices]
[Pages 13766-13768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05030]



[[Page 13766]]

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NUCLEAR REGULATORY COMMISSION

[Docket No. 70-1151; NRC-2022-0047]


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

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
environmental assessment (EA) and finding of no significant impact 
(FONSI) related to a request for alternate disposal, exemptions, and 
associated license amendment for the disposition of waste containing 
byproduct material and special nuclear material (SNM) from the 
Westinghouse Electric Company, LLC's (WEC) Columbia Fuel Fabrication 
Facility (CFFF) in Hopkins, South Carolina, under License Number SNM-
1107. The material would be transported to and disposed of at the US 
Ecology, Inc. (USEI) disposal facility located near Grand View, Idaho, 
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. The NRC is also considering the related action 
of approving corresponding exemptions to USEI, allowing them to accept 
and dispose the material on their site. Approval of the alternate 
disposal request from WEC, the exemptions requested by WEC and USEI, 
and a conforming license amendment to WEC would allow WEC to transfer 
specific waste from CFFF for disposal at USEI.

DATES: The EA and FONSI referenced in this document are available March 
10, 2022.

ADDRESSES: Please refer to Docket ID NRC-2022-0047 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:
    <bullet> Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2022-0047. Address 
questions about Docket IDs in Regulations.gov to Stacy Schumann; 
telephone: 301-415-0624; email: <a href="/cdn-cgi/l/email-protection#edbe998c8e94c3be8e8598808c8383ad839f8ec38a829b"><span class="__cf_email__" data-cfemail="13406772706a3d40707b667e727d7d537d61703d747c65">[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 
(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 <a href="/cdn-cgi/l/email-protection#5b0b1f0975093e28342e29383e1b352938753c342d"><span class="__cf_email__" data-cfemail="633327314d3106100c16110006230d11004d040c15">[email protected]</span></a>. For the convenience of the reader, 
instructions about obtaining materials referenced in this document are 
provided in the ``Availability of Documents'' section.
    <bullet> 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 
<a href="/cdn-cgi/l/email-protection#164652443844736579636475735678647538717960"><span class="__cf_email__" data-cfemail="d7879385f985b2a4b8a2a5b4b297b9a5b4f9b0b8a1">[email protected]</span></a> or call 1-800-397-4209 or 301-415-4737, between 
8:00 a.m. and 4:00 p.m. (ET), Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Jenny Tobin, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-2328, email: 
<a href="/cdn-cgi/l/email-protection#246e414a4a4d4241560a704b464d4a644a56470a434b52"><span class="__cf_email__" data-cfemail="4b012e2525222d2e39651f242922250b253928652c243d">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Introduction

    By letter dated November 5, 2021, as corrected by letter dated 
December 1, 2021, WEC requested exemptions and an associated license 
amendment to License Number SNM-1107, issued for the operation of the 
CFFF located in Hopkins, South Carolina pursuant to section 20.2002 of 
title 10 of the Code of Federal Regulations (10 CFR), ``Method for 
obtaining approval of proposed disposal procedures.'' By letter dated 
November 5, 2021, USEI incorporated the supplemented WEC application in 
its request for corresponding exemptions. The requests are for NRC 
authorization for an alternate disposal of NRC-licensed byproduct and 
SNM from the CFFF. As required by 10 CFR 51.21, the NRC conducted an 
EA. Based on the results of the EA that follows, the NRC has determined 
that pursuant to 10 CFR 51.31, preparation of an environmental impact 
statement for the exemption request is not required and, pursuant to 10 
CFR 51.32, issuance of a FONSI is appropriate.
    WEC submitted a 10 CFR 20.2002 alternate disposal request (ADR) on 
May 8, 2020 with a corresponding exemption request from USEI on May 11, 
2020. The NRC staff reviewed and approved the request on December 9, 
2020, along with the corresponding exemptions for USEI. Following 
approval, WEC determined that the volume of material considered was 
incorrect. To resolve the issue WEC submitted a second request, dated 
February 8, 2021. The NRC staff reviewed and approved the second 
request and issued an updated safety evaluation report (SER) evaluating 
both requests as well as a new exemption to USEI on March 11, 2021. On 
June 1, 2021, WEC submitted another ADR for the disposal of additional 
material from CFFF. On September 14, 2021, in a response to an NRC 
staff request for additional information (RAI), WEC supplemented and 
narrowed its June 1, 2021, request to consider only the disposal of 
calcium fluoride (CaF<INF>2</INF>) sludge containing byproduct material 
and SNM. WEC stated that the other waste material types discussed in 
the June 1, 2021, request would be addressed in the response to the NRC 
staff's RAI. The NRC staff approved the request to dispose of 
CaF<INF>2</INF> sludge at USEI on October 12, 2021.
    This ADR seeks approval to dispose of volumetrically contaminated 
and surface-contaminated wastes using bounding dose calculations and 
corresponding volume and radionuclide concentration limits that are 
based upon the annual USEI worker exposure limit of 5 millirem per year 
(mrem/yr).

II. Environmental Assessment

Description of the Proposed Action

    WEC and USEI requested NRC approval for a 10 CFR 20.2002 ADR, 
exemptions to 10 CFR part 70.3 and 10 CFR 30.3, and a conforming WEC 
license amendment to allow WEC to package, ship, and dispose of 
specific volumetrically contaminated and surface-contaminated waste at 
the USEI disposal facility. The volumetrically contaminated waste 
includes CaF<INF>2</INF> sludge dredged from the disposal lagoons and 
the Sanitary Lagoon located on the site, contaminated soil from under 
and adjacent to the Sanitary Lagoon, and soil associated with the 
demolition of the CaF<INF>2</INF> storage pad. The surface-contaminated 
waste being considered for disposal includes obsolete uranium 
hexafluoride (UF<INF>6</INF>) shipping cylinders and debris associated 
with demolition and removal of the CaF<INF>2</INF> pad and Sanitary 
Lagoon. The waste being considered originates from processes associated 
with the chemical conversion of UF<INF>6</INF> to uranium dioxide 
(UO<INF>2</INF>) performed at CFFF and

[[Page 13767]]

are contaminated with isotopic uranium (U-234, U-235, and U-238) and 
technicium-99 (Tc-99).
    As proposed, this waste would be transported from CFFF in Hopkins, 
South Carolina, to the USEI facility near Grand View, Idaho. The USEI 
facility is a RCRA Subtitle C hazardous waste disposal facility 
permitted by the State of Idaho. The USEI site has both natural and 
engineered features that limit the transport of radioactive material. 
The natural features include a low precipitation rate [i.e., 18.4 cm/
year (7.4 in./year)] and a long vertical distance to groundwater (i.e., 
61-meter (203-ft) thick on average unsaturated zone below the disposal 
zone). The engineered features include an engineered cover, liners, and 
leachate monitoring systems. Because the USEI facility is not licensed 
by the NRC, this proposed action requires the NRC to exempt USEI from 
the Atomic Energy Act of 1954, and NRC licensing requirements with 
respect to USEI's requested receipt and disposal of this material.

Need for the Proposed Action

    The need for the proposed action is to authorize a safe and 
appropriate method for disposing of the volumetrically contaminated and 
surface-contaminated waste as part of remediation activities currently 
being performed at the CFFF in accordance with Consent Agreement 19-02-
HW between WEC and the South Carolina Department of Health and 
Environmental Control. The proposed action would also 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.

Environmental Impacts of the Proposed Action

    The NRC staff reviewed the information provided by WEC to support 
their 10 CFR 20.2002 alternate disposal request and for USEI's specific 
exemptions from 10 CFR 30.3 and 10 CFR 70.3 in order to dispose of the 
volumetrically contaminated and surface-contaminated waste. Under the 
10 CFR 20.2002 criteria, a licensee may seek NRC authorization to 
dispose of licensed material using procedures not otherwise authorized 
by NRC regulations. The licensee's supporting analysis must show that 
the radiological doses arising from the proposed 10 CFR 20.2002 
disposal will be as low as reasonably achievable and within the 10 CFR 
part 20 dose limits.
    As documented in the SER, the NRC staff concluded that the 
requested alternate disposal is acceptable under 10 CFR 20.2002. 
Details provided in this request, in combination with past reviews 
considering similar material from the same site, provide an adequate 
description of the waste and the proposed manner and conditions of 
waste disposal. The use of maximum annual volumes and radionuclide 
concentration limits ensures that potential doses to members of the 
public, including transportation workers and USEI workers involved in 
processing and disposing of the waste upon its arrival at USEI, are 
minimal and within the ``few mrem'' per year criteria that the NRC 
established (see NUREG-1757, Volume 1, Revision 2). As USEI is a RCRA 
Subtitle C hazardous waste landfill permitted by the Idaho Department 
of Environmental Quality, these disposals are also subject to the RCRA 
regulations for the site, which includes a site-specific waste 
acceptance criteria.
    NRC staff also considered non-radiological impacts associated with 
the proposed action. NRC staff concludes that approval of the proposed 
request would not result in significant environmental impacts from non-
radiological effluents or significantly impact air quality or noise 
because the volume of materials to be transported for disposal are 
relatively small, the sites where the proposed action would occur are 
already disturbed industrial areas which perform these actions on a 
regular basis, and because the proposed action would not require the 
development or disturbance of additional land. In addition, approval of 
the proposed action will not significantly increase the probability or 
consequences of accidents associated with the transport and disposal of 
the volumetrically contaminated and surface-contaminated waste.
    Considering the small amounts of radioactive material and limited 
volumes of material, along with the NRC staff's analyses in the SER, 
the NRC staff finds that the environmental impacts of the proposed 
action are not significant.

Environmental Impacts of the Alternatives to the Proposed Action

    As an alternative to the proposed action, the NRC staff considered 
the no-action alternative in which the NRC staff would deny the 
disposal request. Denial of the request would require WEC to transport 
the volumetrically contaminated and surface-contaminated waste to a 
licensed low-level radioactive processing and disposal facility that is 
authorized to take waste containing radioactive material in order to 
satisfy the requirements of the Consent Agreement. This action would 
ultimately only change the location of the disposal site. All other 
factors would be of similar significance. Therefore, the no-action 
alternative was not further considered.

Agencies and Persons Consulted

    In accordance with its stated policy, on February 28, 2022, the 
staff consulted with the South Carolina Department of Health and 
Environmental Control and the Idaho Department of Environmental Quality 
regarding the environmental impacts of the proposed action. The State 
officials concurred with the EA and FONSI.

III. Finding of No Significant Impact

    The proposed action consists of NRC approval of (a) WEC's and 
USEI's alternate disposal requests under 10 CFR 20.2002, (b) WEC and 
USEI's exemption request under 10 CFR 30.11(a) and 10 CFR 70.17(a), and 
the issuance of a conforming license amendment to WEC. Based on this 
EA, the NRC finds that there are no significant environmental impacts 
from the proposed action. Therefore, the NRC has determined, pursuant 
to 10 CFR 51.31, that preparation of an environmental impact statement 
is not required for the proposed action and a FONSI is appropriate.

IV. Availability of Documents

    The documents identified in the following table are available to 
interested persons through ADAMS, as indicated.

----------------------------------------------------------------------------------------------------------------
                          Document                                           ADAMS accession No.
----------------------------------------------------------------------------------------------------------------
Request for Alternate Disposal Approval and Exemption for    ML20129J934 (Package)
 Specific Columbia Fuel Fabrication Facility Waste (License
 No. SNM-1197, Docket No. 70-1151), dated May 8, 2020.
Request for Exemptions under 10 CFR 30.11 and 10 CFR 70.17   ML21061A273
 for Alternate Disposal of Wastes from Columbia Fuel
 Fabrication Facility under 10 CFR 20.2002, dated February
 25, 2021.
Request for Exemptions under 10 CFR 30.11 and 10 CFR 70.17   ML20280A601
 for Alternate Disposal of Wastes from Columbia Fuel
 Fabrication Facility Under 10 CFR 20.2002, dated May 11,
 2020.

[[Page 13768]]

 
US Ecology Exemption for Alternate Disposal of Specific      ML20304A341
 Waste from the Westinghouse Columbia Fuel Fabrication
 Facility under 10 CFR 20.2002, 10 CFR 30.11 and 10 CFR
 70.17, dated December 9, 2020.
Westinghouse Electric Company, LLC--Amendment 25 to          ML20302A083 (Package)
 Material License SNM-1107, Exemption for Alternate
 Disposal of Specific Waste (Enterprise Project Identifier
 L-2020-Lll-0009), dated December 9, 2020.
Request for Alternate Disposal Approval and Exemption for    ML21039A719
 Specific Columbia Fuel Fabrication Waste (Docket No. 70-
 1151, Material License SNM-1107), dated February 8, 2021.
Westinghouse Electric Company, LLC--Amendment 26 to          ML21064A225
 Material License SNM-1107, Exemption for Alternate
 Disposal of Specific Waste (Enterprise Project Identifier
 L-2021-LLA-0013), dated March 11, 2021.
U.S. Ecology Exemption for Alternate Disposal of Specific    ML21061A277 (Package)
 Waste from the Westinghouse Columbia Fuel Fabrication
 Facility under 10 CFR 20.2002, 10 CFR 30.11 and 10 CFR
 70.17, dated March 11, 2021.
Request for Exemption Associated with Disposal of Specified  ML21309A095
 Columbia Fuel Fabrication Facility Waste (Docket No. 70-
 1151), dated November 5, 2021.
Request for Exemption Associated with Disposal of Specified  ML21336A461
 Columbia Fuel Fabrication Facility Waste (Docket No. 70-
 1151), correction dated December 1, 2021.
Safety Evaluation Report for Request or Alternate Disposal   ML22054A045 (Package)
 Approval and Exemptions from Disposal of Columbia Fuel
 Fabrication Facility Waste to the US Ecology Idaho
 Facility, dated March 4, 2022.
Request for Exemptions Associated with Disposal and          ML21153A001
 Transportation of Specified Columbia Fuel Fabrication
 Waste dated June 1, 2021.
Letter: Westinghouse Electric Company, LLC--Amendment 28 to  ML21214A093 (Package)
 Material License Snm-1107, Exemption for Alternate
 Disposal of Specific Waste (Enterprise Project Identifier
 L-2021-LLA-0101) dated October 12, 2021.
Request for Exemptions under 10 CFR 30.11 and 10 CFR 70.17   ML21351A038
 for Alternate Disposal of Wastes from Columbia Fuel
 Fabrication Facility under 10 CFR 20.2002, dated November
 5, 2021.
Letter from the Idaho Department of Environmental Quality    ML22062B349
 entitled ``Review of the Draft Environmental Assessment
 related to an alternative disposal request from
 Westinghouse Columbia Fuel Fabrication Facility (CFFF) for
 disposal of CaF2 Sludge,'' dated March 3, 2022.
Email from Ken Taylor of the South Carolina Department of    ML22062B355
 Health and Environmental Control entitled ``Review of
 Draft Environmental Assessment for Westinghouse Columbia
 alternative disposal request,'' dated March 3, 2022.
NUREG-1757, Volume 1, Revision 2. Consolidated               ML063000243
 Decommissioning Guidance: Decommissioning Process for
 Materials Licensees.
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    Dated: March 4, 2022.

    For the Nuclear Regulatory Commission.
Jacob I. Zimmerman,
Chief, Fuel Facility Licensing Branch, Division of Fuel Management, 
Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2022-05030 Filed 3-9-22; 8:45 am]
BILLING CODE 7590-01-P


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