[Federal Register Volume 74, Number 130 (Thursday, July 9, 2009)]
[Notices]
[Pages 32983-32987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16143]



[[Page 32983]]

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NUCLEAR REGULATORY COMMISSION

[Docket No. 70-7005; NRC-2009-0283]


Issuance of Environmental Assessment and Draft Finding of No 
Significant Impact for Modification of Exemption From Certain NRC 
Licensing Requirements for Special Nuclear Material for Waste Control 
Specialists, LLC, Andrews County, TX

AGENCY: Nuclear Regulatory Commission.

ACTION: Environmental Assessment and Draft Finding of No Significant 
Impact.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has prepared an 
Environmental Assessment for the issuance of an Order under Section 
274f of the Atomic Energy Act that would modify an Order issued to 
Waste Control Specialists, LLC (WCS) on November 5, 2004. In accordance 
with 10 CFR 51.33, the NRC has also prepared a draft Finding of No 
Significant Impact (FONSI) for public review and comment. The current 
action is in response to a request by WCS dated December 10, 2007. The 
November 5, 2004 Order was published in the Federal Register on 
November 12, 2004 (69 FR 65468). The November 5, 2004 Order, which 
modified an initial Order issued to WCS on November 21, 2001, exempted 
WCS from certain NRC regulations and permitted WCS, under specified 
conditions, to possess waste containing special nuclear material (SNM), 
in greater quantities than specified in 10 CFR Part 150, at WCS's 
facility located in Andrews County, Texas, without obtaining an NRC 
license pursuant to 10 CFR part 70.

DATES: The public comment period on the draft FONSI closes on August 
10, 2009. Written comments should be submitted as described in the 
ADDRESSES section of this notice. Comments submitted by mail should be 
postmarked by August 10, 2009 to ensure consideration. Comments 
received or postmarked after this date will be considered if it is 
practical to do so, but the Commission is able to assure consideration 
only for comments received on or before August 10, 2009.

ADDRESSES: Members of the public are invited and encouraged to submit 
comments to the Chief, Rulemaking and Directives Branch, Mail Stop TWB-
05 B01M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. 
Please note Docket No. 70-7005 when submitting comments. Comments will 
also be accepted by e-mail at <a href="/cdn-cgi/l/email-protection#fab4a8b9a8bfaaba948899d49d958c"><span class="__cf_email__" data-cfemail="b6f8e4f5e4f3e6f6d8c4d598d1d9c0">[email protected]</span></a> or by facsimile to (301) 
415-5369, Attention: David D. Brown.

FOR FURTHER INFORMATION CONTACT: David D. Brown, Sr. Project Manager, 
Environmental and Performance Assessment Directorate, Division of Waste 
Management and Environmental Protection, Office of Federal and State 
Materials and Environmental Management Programs, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555. Telephone: (301) 415-6116; 
Fax number: (301) 415-5369; e-mail: <a href="/cdn-cgi/l/email-protection#690d081f000d470b1b061e0729071b0a470e061f"><span class="__cf_email__" data-cfemail="325653445b561c50405d455c725c40511c555d44">[email protected]</span></a>.
    NRC's Agencywide Documents Access and Management System (ADAMS): 
Publicly available documents created or received at the NRC are 
available electronically at the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this page, the public can gain 
entry into ADAMS, which provides text and image files of NRC's public 
documents. If you do not have access to ADAMS or if there are problems 
in accessing the documents located in ADAMS, contact the NRC's PDR 
reference staff at 1-899-397-4209, 301-415-4737, or by e-mail to 
<a href="/cdn-cgi/l/email-protection#b7c7d3c599c5d2c4d8c2c5d4d2f7d9c5d499d0d8c1"><span class="__cf_email__" data-cfemail="88f8ecfaa6faedfbe7fdfaebedc8e6faeba6efe7fe">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Environmental Assessment

Background

    As stated above, the 2004 Order exempted 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, at WCS's facility located in Andrews County, Texas, without 
obtaining a NRC license pursuant to 10 CFR part 70. The 2004 Order 
permits WCS to possess SNM without regard for mass. Rather than relying 
on mass to ensure criticality safety, concentration-based limits were 
applied, such that accumulations of SNM at or below these concentration 
limits would not pose a criticality safety concern. The methodology 
used to establish these limits is discussed in two Safety Evaluation 
Reports (SERs) prepared by NRC in support of the initial Order issued 
in November 2001 and an amended Order issued in November 2004.
    In its December 2007 request, WCS seeks NRC approval to modify the 
conditions of 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 of 
the Order for sealed sources using surface smear surveys. By letter 
dated January 22, 2008, the NRC informed WCS that it would also clarify 
Condition 2, which states that waste must not contain ``pure forms'' of 
chemicals containing carbon, fluorine, magnesium, or bismuth in bulk 
quantities. As a result of its review of WCS' December 10, 2007, 
request, the NRC, upon its own initiative, is clarifying the 
requirements for spatial uniformity of SNM concentrations in the waste, 
as described in Conditions 1, 6, and 7 of the Order. In addition, NRC 
is revising Condition 4 of the Order, which limits the amount of highly 
water soluble SNM WCS may possess.

Site and Facility Description

    WCS operates a 5.4 km\2\ (1,338-acre) hazardous waste disposal 
facility and a hazardous waste, low-level radioactive waste (LLW), and 
mixed waste (MW) processing and storage facility in western Andrews 
County, TX and eastern Lea County, NM. The WCS facility is located near 
the southwestern edge of the Southern High Plains where surface 
elevations range from about 1,040 to 1,070 meters (3,415 to 3,500 ft) 
above mean sea level. The site lies on a broad topographic ridge that 
forms a surface water drainage divide between the Pecos and Colorado 
Rivers. The region receives approximately 23 cm (9 inches) of rain 
annually and is atop a solid base of Triassic red bed clay (Hydraulic 
Conductivity: 10<SUP>-8</SUP> cm/s, [3 x 10<SUP>-5</SUP> ft/day]) with 
the first groundwater, which is not potable and too salty for 
irrigation use, found 240-300 m (800-1000 ft) below the surface.
    The primary land use within an eight-kilometer (five-mile) radius 
of the WCS facility is grazing and ranching. Future water uses in the 
area will include industrial, domestic, livestock, and agricultural 
purposes. Oil and gas exploration and production activities have also 
been conducted in the vicinity of the WCS facility. Other businesses in 
proximity to the site include the Wallach Quarry (crushed stone, sand 
and gravel) and Sundance, Inc. (oil recovery and solids disposal), both 
located about 1.6 kilometers (one mile) west of the facility. The Lea 
County Landfill is located approximately 1.6 kilometers (one mile) 
southwest of the facility. In addition, construction of the Louisiana 
Enrichment Services (LES) uranium enrichment facility is currently 
underway in Lea County, NM and is located approximately 1.6 kilometers 
(one mile) west of the WCS facility.

[[Page 32984]]

Major structures at the WCS facility include:
    <bullet> On-site rail spur and rail-unloading facility for 
hazardous waste only;
    <bullet> Maintenance building;
    <bullet> Administration building with analytical and radiological 
laboratories;
    <bullet> Container Storage Building;
    <bullet> Stabilization and Mixed Waste Treatment (Combined) 
Building;
    <bullet> Bulk/Bin Storage Units;
    <bullet> RCRA subtitle C landfill;
    <bullet> Ten-acre storage area for low-specific-activity (LSA) 
waste;
    <bullet> 11e(2) byproduct material landfill Facility (Authorized 
May 2008--under construction);
    <bullet> Federal LLW/MW landfill Facility (license issuance 
pending);
    <bullet> Texas Compact LLW landfill Facility (license issuance 
pending); and
    <bullet> Chemical oxidation (Proposed).

Licenses and Permits Issued Under Various Federal and State Laws

    On January 14, 2009, WCS received a licensing order that denied 
hearing requests, and allowed a license for disposal of LLW to be 
issued once ownership in fee can be demonstrated by the applicant. The 
LLW disposal license may not be issued, signed, or granted until 
surface and mineral ownership can be demonstrated. WCS has proposed two 
separate LLW disposal facilities:
    1. The compact waste disposal facility (CWF) would be allowed to 
accept LLW as defined in Section 401.004 of the Texas Health and Safety 
Code for commercial disposal of compact waste; and
    2. The Federal Waste Facility (FWF) would be allowed to accept LLW 
that is the responsibility of the Federal government under the Low-
Level Radioactive Waste Policy Act, as amended by the Low-Level 
Radioactive Waste Policy Amendments Act of 1985.
    The LLW land disposal facilities have the following limits in the 
pending license:
    <bullet> 736,238 m\3\ (962,963 yd\3\) of LLW and MW generated/owned 
by the Federal government of which approximately 229,366 m\3\ (300,000 
yd\3\) is expected to be canister disposal and 506,872 m\3\ (662,963 
yd\3\) is expected to be non-canister (bulk) disposal; and
    <bullet> 65,412 m\3\ (85,556 yd\3\) of LLW generated within the 
Texas Compact.
    Other WCS permits and authorizations are summarized below:
Byproduct Material Disposal Facility License
    <bullet> Issued: May 29, 2008, by the Texas Commission on 
Environmental Quality (TCEQ).
    <bullet> Authorization: Receipt and disposal of byproduct material 
as defined in Title 25 of the Texas Administrative Code, Section 
289.260(c)(4).
    <bullet> Authorization covers dry, discrete solid objects and 
containerized bulk (i.e., soil or soil-like) byproduct material 
received by road only (no rail).
    <bullet> Containers shall be flexible or rigid drums, pails, boxes, 
sacks, or similar containers that are sealed and do not tear, split, or 
rupture upon handling, placement, and compaction in the disposal unit, 
or lose their structural strength and integrity when contacting water. 
Acceptable containers include (but are not limited to) U.S. Department 
of Transportation (U.S. DOT) containers. Containers shall not contain 
free liquids or more than 15% void space.
Low Level Radioactive Waste Treatment, Processing & Storage License 
(License R04971)
    <bullet> Issued: February 1997.
    <bullet> Amended: April 29, 2009, by the TCEQ.
    <bullet> Authorization: Treatment, processing, and storage of low-
level radioactive wastes shipped by road only (including Greater Than 
Class C (GTCC), sealed sources, solids, and liquids).
    <bullet> November 5, 2004--Exemption from Part 70 (Special Nuclear 
Material (SNM) concentration-based limitations).
Industrial Solid Waste and Hazardous Waste Storage, Processing, and 
Disposal Resource Conservation and Recovery Act Wastes (RCRA) Permit
    <bullet> Issued: August 5, 1994 by the Texas National Resource 
Conservation Commission (TNRCC).
    <bullet> Renewed: October 5, 2005, by the TCEQ.
    <bullet> Authorization: Treatment, storage, and land disposal of 
over 2,000 RCRA waste codes.
    <bullet> WCS holds a RCRA part B equivalent permit to receive 
ignitable, corrosive, toxic, and select reactive hazardous waste.
Texas Pollutant Discharge Elimination System Permit
    <bullet> Issued: December 2, 1999 by TCEQ.
    <bullet> Renewed: May 31, 2005.
    <bullet> Authorization: Treatment and discharge of liquid wastes.
Toxic Substances Control Act Land Disposal Authorization
    <bullet> Issued: November 22, 1999 by the United States 
Environmental Protection Agency (EPA).
    <bullet> Renewed: September 19, 2005, by the EPA.
    <bullet> Authorization: Treatment, storage, and land disposal of 
Toxic Substances Control Act (TSCA) wastes, including polychlorinated 
biphenyl (PCB) and PCB contaminated materials such as debris, spill 
solids, transformers (drained and flushed), and transformer carcasses.
    <bullet> PCB liquids are acceptable for bulking and off-site 
treatment.
Comprehensive Environmental Response, Compensation, and Liability Act 
(CERCLA)
    <bullet> March 21, 1997 letter from EPA, Region 6.
    <bullet> Authorization: EPA determination under 40 CFR 300.440 that 
the WCS facility is acceptable for receipt of hazardous substances, 
pollutants or contaminants from CERCLA response actions.
    Under the State and Federal permits and authorizations described 
above, WCS is authorized to use the following waste treatment 
technologies:
    <bullet> Chemical oxidation.
    <bullet> Chemical reduction.
    <bullet> Deactivation.
    <bullet> Micro- and macro-encapsulation (debris only).
    <bullet> Neutralization.
    <bullet> Stabilization.
    <bullet> Controlled reaction.
    Waste shipments are received in a variety of sealed packages such 
as standard 208-liter (55-gallon) steel drums, rectangular steel boxes, 
intermodal, roll-offs, waste generator-designed canisters, or from a 
list of 400 radioactive material packages certified by the DOE for 
transport by road only. The facility is accessible by rail or nearby 
interstate highway. It can accommodate over 110 rail cars within its 
secured and guarded fence perimeter. It has a ten-kilometer 
(approximately six-mile) private rail spur leading to the site and on-
site rail and truck off-loading capabilities. Although rail facilities 
are available on-site, radioactive waste is currently not authorized to 
be received at the site by rail.

Review Scope

    The purpose of this EA is to assess the environmental impacts of 
WCS's December 10, 2007, request to modify its 2004 Order and 
additional actions taken by NRC staff to:
    (1) Clarify Condition 2 of the November 2004 Order;
    (2) Clarify the requirements for spatial uniformity of the waste; 
and
    (3) Revise Condition 4 of the 2004 Order, which limits the amount 
of highly water soluble SNM WCS may possess.
    This EA does not approve nor deny the requested action. A separate 
Safety

[[Page 32985]]

Evaluation Report (SER) has been prepared in support of approval of the 
requested action. The 2004 Order is only applicable to activities 
authorized by TCEQ License R04971 for processing and storage of LLW.

Proposed Action

    The proposed action is to grant WCS's December 10, 2007, request to 
modify the conditions of the 2004 Order, with certain additional 
modifications. As modified by NRC staff, the proposed action is 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-tenth of the SNM concentration limits 
presented in Condition 1, and to discontinue the confirmatory sampling 
requirements of Condition 7 of the 2004 Order for sealed sources. By 
letter dated January 22, 2008, the NRC informed WCS that it would also 
clarify Condition 2, which states that waste must not contain ``pure 
forms'' of chemicals containing carbon, fluorine, magnesium, or bismuth 
in bulk quantities. The NRC is also clarifying the requirements for 
spatial uniformity of SNM concentrations in the waste, as described in 
Conditions 1, 6, and 7 of the 2004 Order, and revising Condition 4 of 
the 2004 Order, that limits the amount of highly water soluble SNM WCS 
may possess pursuant to TCEQ License R04971 for processing and storage 
of LLW.

Purpose and Need for Proposed Action

    WCS is making this request as a result of two issues it has 
identified with the implementation of the 2004 Order. The first issue 
pertains to the potential for WCS workers to receive radiation dose 
without commensurate benefit to overall public and worker safety. This 
issue arises when certain high dose rate and debris waste is received 
by WCS and WCS workers, in accordance with the requirements of the 2004 
Order, are in close proximity to, or in contact with, the waste for the 
purpose of taking confirmatory samples to measure SNM concentrations in 
the waste, even when the SNM concentration in these wastes are known by 
other means to be very low.
    The second issue identified by WCS also pertains to how the 
confirmatory sampling requirements of the Order should be applied to 
sealed sources. WCS states that direct confirmatory sampling is not 
practical, and recommends that it perform surface smear surveys in lieu 
of destructive direct sampling.
    In its December 10, 2007, request, WCS also informed the NRC that 
it plans to accept bulk quantities of waste containing very low 
concentrations of SNM that have been homogeneously commingled by the 
generator with inert compounds so that the final waste no longer 
contains just SNM or ``pure forms'' of carbon, fluorine, magnesium, and 
bismuth. Condition 2 of the November 2004 Order prohibits receipt of 
``pure forms'' of these chemicals. In its review of this information, 
the NRC determined that Condition 2 of the November 2004 Order should 
be more clearly stated. As noted in a letter to WCS dated January 22, 
2008, the NRC stated that it finds no criticality safety concerns with 
the waste that WCS plans to accept, provided the waste is less than 40% 
magnesium fluoride by volume and less then 50% magnesium fluoride by 
weight. In its January 22, 2008, letter, the NRC also stated that it 
plans to clarify the meaning of Condition 2 in this modification to the 
2004 Order.
    During review of the proposed changes requested by WCS, the NRC 
staff also decided to clarify the requirements for spatial uniformity 
of SNM concentrations in waste received by WCS contained within 
Conditions 1, 6, and 7 of the 2004 Order. The spatial uniformity 
requirement in Condition 1 states that, ``The SNM must be homogeneously 
distributed throughout the waste. If the SNM is not homogeneously 
distributed, then the limiting concentrations must not be exceeded on 
average in any contiguous mass of 600 kilograms.'' This requirement is 
based on an NRC nuclear criticality safety evaluation described in the 
SER for the November 2001 Order. However, there is a second requirement 
in Conditions 6 and 7 of the 2004 Order, that prescribe a statistical 
test for spatial uniformity that would be performed on sample results. 
The statistical test states that waste is non-homogeneous when the 
maximum sample result, that cannot exceed the limits in Condition 1, 
and minimum testing values performed by the generator, is greater than 
five times the average value. The definition of spatial uniformity in 
Condition 1 has a technical basis founded on principles of nuclear 
criticality safety. The requirement in Condition 6 and 7 does not. 
Therefore, the NRC is removing the second requirement contained in 
Conditions 6 and 7 and making conforming changes to the remainder of 
the Order.
    The NRC is also revising Condition 4 of the 2004 Order, as 
described in a separate Safety Evaluation Report, to:
    (1) Eliminate the individual package mass limits for highly water 
soluble SNM, because 10 CFR part 71 and 49 CFR provide sufficient 
regulation of packaging and transportation of fissile materials, from 
which this Order does not exempt WCS; and
    (2) Impose a limit on the total mass of highly water soluble SNM 
that may be possessed pursuant to this Order to amounts less than those 
of SNM of low strategic significance, as defined in 10 CFR 73.2.
    Therefore, the purpose and need for the proposed action is four-
fold:
    (1) To revise and clarify certain requirements of the November 2004 
Order to address potential worker safety concerns associated with the 
implementation of waste generator and WCS confirmatory sampling 
requirements;
    (2) To clarify the prohibition on the presence of certain chemicals 
contained in the waste, as stated in Condition 2 of the 2004 Order;
    (3) To clarify the requirements in the 2004 Order for spatial 
uniformity of SNM concentrations in waste; and
    (4) To revise Condition 4, which pertains to limits on highly water 
soluble forms of SNM.

Alternatives

    In addition to the proposed action, the NRC considered one 
alternative. The alternative action was to deny WCS' request and thus 
not revise the Order (i.e., the no-action alternative).
Environmental Impacts of No Action Alternative
    For the no-action alternative, the environmental impacts would be 
the same as those evaluated in the EA that supports the 2004 Order. The 
2004 EA concluded that the 2004 Order would have no significant 
radiological or non-radiological environmental impacts. However, as 
noted above, the current confirmatory sampling requirement for high 
dose and debris waste may result in doses to workers without a 
commensurate benefit to overall nuclear safety.

Environmental Impacts of Proposed Action

    With regard to the confirmatory sampling requirements of the 
November 2004 Order, and as described further in the SER for the 
current modification to the Order, the NRC believes that when SNM 
concentrations in waste are expected to be below 10% of the limits in 
Condition 1, as determined by a waste generator in support of the 
written certification required by Condition 6, the radiation hazard to

[[Page 32986]]

workers involved in both generator sampling and WCS confirmatory waste 
sampling activities will, in many cases, outweigh the benefit to 
criticality safety. As a result, the NRC, in consultation with WCS and 
the TCEQ, will remove the graded-approach to sampling requirements from 
the Order, in favor of a simpler threshold for sampling requirements, 
which applies to both the generator and WCS, at 10% of the Condition 1 
limits.
    No detrimental environmental impacts are expected as a result of 
modifying the waste generator and confirmatory sampling requirements of 
the Order. Sampling requirements do not alter in any way the types, 
amounts, or characteristics of wastes received at the facility. As a 
result, there would be no substantive changes in the handling, storage, 
or treatment of wastes at the facility. The change in sampling 
requirements is not expected to significantly alter the need for labor 
resources at WCS. However, as further described in the SER for this 
modified Order, there is a benefit to overall worker radiological 
safety as a result of reducing generator and WCS confirmatory sampling 
requirements for high dose rate and debris waste containing low 
concentrations of SNM, and not requiring destructive direct sampling of 
sealed sources.
    No detrimental environmental impacts are expected as a result of 
clarifying Condition 2 of the Order. As described further in the SER, 
Condition 2 is modified such that specific mass limits for carbon, 
fluorine and bismuth in the waste are provided in lieu of a vague 
general prohibition on ``pure forms'' of magnesium, carbon, fluorine 
and bismuth. This clarification is not expected to significantly alter 
the types, amounts, or characteristics of wastes received at the 
facility. In addition, worker radiation doses are not expected to 
change as a result of a change in specific mass limits for carbon, 
fluorine and bismuth. As a result, there would be little or no 
substantive changes in the handling, storage, or treatment of wastes at 
the facility.
    No detrimental environmental impacts are expected as a result of 
clarifying the requirements for spatial uniformity of SNM 
concentrations in wastes received at WCS. No changes are made to either 
the Condition 1 SNM concentration limits, or the maximum contiguous 
mass of waste over which the limiting concentrations of Condition 1 
must be met (i.e., 600 kilograms). Therefore, these modifications to 
the 2004 Order do not alter in any way the types, amounts, or 
characteristics of wastes received at the facility, and worker doses 
would remain unchanged. As a result, there would be no substantive 
changes in the handling, storage, or treatment of wastes at the 
facility.
    No detrimental environmental impacts are expected as a result of 
revising the requirements for highly water soluble forms of SNM in 
wastes received at WCS. There is a reduction of the risk of container 
leaks involving highly water soluble forms of SNM, given that the Order 
now limits the total possession of highly water soluble forms of SNM to 
amounts of SNM less than SNM of low strategic significance, as defined 
by 10 CFR 73.2. As a result, there would be no substantive changes in 
the handling, storage, or treatment of wastes at the facility, and no 
significant changes in radiation hazards to workers.
    Other conditions of the Order would remain unchanged. As before, 
WCS is permitted to possess SNM without regard for mass, except that 
possession of highly water soluble forms of SNM is limited to amounts 
of SNM less than SNM of low strategic significance, as defined by 10 
CFR 73.2. To ensure criticality safety, an SNM concentration limit is 
applied to wastes containing both soluble and insoluble forms, such 
that accumulations of SNM at or below this concentration limit would 
not pose a criticality safety concern.
    Effluent releases and potential doses to the public are regulated 
by the State of Texas and are not anticipated to change as a result of 
this action. WCS will continue to conduct its radiation protection 
program with an emphasis on maintaining doses as low as reasonably 
achievable. Occupational exposure is expected to remain within 
regulatory limits, and may decrease as a result of eliminating sampling 
intervals for high dose rate and debris waste.
    The proposed action would not result in any changes in the 
transportation impacts identified in the 2001 EA. All other 
environmental impacts would be the same as evaluated in the EAs that 
support the 2001 and 2004 Orders.

Agencies and Persons Consulted

    A draft copy of this EA was provided to officials from the Texas 
Commission on Environmental Quality (TCEQ). By e-mails dated March 11 
and April 14, 2009, the TCEQ recommended certain changes to clarify the 
descriptions of certain WCS facilities, to identify the correct State 
agencies having authority in certain areas, and to clarify the status 
of the pending LLW disposal facility license. The NRC staff has 
modified the EA to address the TCEQ comments.
    The proposed action does not involve the development of additional 
land. Hence, the NRC has determined that the proposed action will not 
affect listed species or critical habitat. Therefore, no further 
consultation is required under Section 7 of the Endangered Species Act. 
Likewise, the NRC staff has determined that the proposed action does 
not have the potential to adversely affect cultural resources. 
Therefore, no consultation is required under Section 106 of the 
National Historic Preservation Act.

II. Draft Finding of No Significant Impact

    The NRC has concluded that the proposed action to grant a 
modification to WCS' exemption from the requirements of 10 CFR Part 70 
is, pursuant to 10 CFR 70.17, authorized by law and will not endanger 
life or property or the common defense and security and is otherwise in 
the public interest.
    The NRC has prepared this EA in support of the proposed action to 
modify WCS' November 2004 Order which grants an exemption from the 
requirements of 10 CFR Part 70. On the basis of this EA, NRC has 
concluded that there are no significant environmental impacts and the 
issuance of a modified Order does not warrant the preparation of an 
Environmental Impact Statement. Accordingly, it has been determined 
that a Finding of No Significant Impact is appropriate.
    Pursuant to 10 CFR 51.33(e), a final determination to prepare an 
environmental impact statement or a final FONSI for the proposed action 
will not be made until the last day of the public comment period has 
expired on August 10, 2009.

III. Further Information

    Documents related to this action, including the application for 
amendment and supporting documentation, are available electronically at 
the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this site, you can access the NRC's Agencywide 
Document Access and Management System (ADAMS), which provides text and 
image files of NRC's public documents. The ADAMS accession numbers for 
the documents related to this notice are:

------------------------------------------------------------------------
                  Document description                     Accession No.
------------------------------------------------------------------------
January 2009 Safety Evaluation Report...................     ML081550674
January 22, 2008, NRC acknowledgement of WCS request....     ML080150622

[[Page 32987]]

 
December 10, 2007, WCS request for modification to Order     ML073550638
November 2004 Letter to WCS re: SNM exemption request...     ML043020621
November 2001 Letter to WCS re: SNM exemption request...     ML030130085
------------------------------------------------------------------------

    If you do not have access to ADAMS or if there are problems in 
accessing the documents located in ADAMS, contact the NRC's Public 
Document Room (PDR) Reference staff at 1-800-397-4209, 301-415-4737, or 
by e-mail to <a href="/cdn-cgi/l/email-protection#34445046745a46571a535b42"><span class="__cf_email__" data-cfemail="cfbfabbd8fa1bdace1a8a0b9">[email protected]</span></a>.
    These documents may also be viewed electronically on the public 
computers located at the NRC's PDR, O 1 F21, One White Flint North, 
11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction 
contractor will copy documents for a fee.

    Dated at Rockville, Maryland, this 30th day of June 2009.

    For the Nuclear Regulatory Commission.
Patrice M. Bubar,
Deputy Director, Environmental Protection and Performance Assessment 
Directorate, Division of Waste Management and Environmental Protection, 
Office of Federal and State Materials and Environmental Management 
Programs.
[FR Doc. E9-16143 Filed 7-8-09; 8:45 am]
BILLING CODE 7590-01-P


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