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CNIC GET INFORMED PART 1
STOP WCS/LES NUCLEAR COMPLEX
Located 3 miles east of Eunice, New Mexico
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If the EXPANSION of WCS (Waste Control Specialists)
is not stopped now
WCS wll become a permanent
AMERICAN NATIONAL NUCLEAR DUMP
which will
permanently store nuclear waste
received from all over the United States
including LES
and possibly from URENCO-owned
facilities in Europe.
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The problems that will be caused by the long term storage and disposal of nuclear waste at WCS will be even worse than the problems caused by LES
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> Keep an eye on your WCS next door neighbor ...
> [Federal Register: November 12, 2004 (Volume 69, Number 218)]
> [Notices]
> [Page 65468-65470]
> >From the Federal Register Online via GPO Access [wais.access.gpo.gov]
> [DOCID:fr12no04-106]
======================================================================
NUCLEAR REGULATORY COMMISSION
>
> [Docket No. 70-7005]
>
> In the Matter of Waste Control Specialists, LLC, Order Modifying
> Exemption From 10 CFR Part 70
>
> AGENCY: Nuclear Regulatory Commission.
>
> ACTION: Issuance of order to modify Waste Control Specialists, LLC's
> exemption from requirements of 10 CFR part 70.
>
> --------------------------------------------------------------------
> FOR FURTHER INFORMATION CONTACT: James Park, Environmental and
> Performance Assessment Directorate, Division of Waste Management and
> Environmental Protection, Office of Nuclear Material Safety and
> Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
> 0001. Telephone: (301) 415-5835, fax number: (301) 415-5397; e-mail:
> JRP@nrc.gov.
>
> SUPPLEMENTARY INFORMATION:
>
> I. Introduction
>
> Pursuant to 10 CFR 2.106, the Nuclear Regulatory Commission (NRC)
> is providing notice in the Matter of Waste Control Specialists, LLC
> (WCS) of the issuance of an order to modify WCS's exemption from the
> requirements of 10 CFR part 70.
>
> II. Further Information
>
> I
>
> In letters dated August 6, 2003, and March 15, 2004, WCS requested
> a modification to its exemption from certain NRC regulations relative
> to the possession of special nuclear material (SNM). A license pursuant
> to 10 CFR part 70 issued by NRC is required for quantities of SNM in
> excess of the limits in 10 CFR 150.11. WCS is requesting a modification
> to its exemption from licensing under part 70 for possession of greater
> than the part 150 SNM limits. The NRC issued the initial exemption to
> WCS in November 2001.
> WCS operates a low-level waste (LLW) and mixed waste (MW) storage
> and treatment facility in Andrews County, Texas. The facility also
> disposes of hazardous waste. Texas is an Agreement State. This facility
> is licensed by the State of Texas Department of Health (TDH) under a 10
> CFR part 30 equivalent radioactive materials license (RML). The
> facility is also licensed by the Texas Commission on Environmental
> Quality (TCEQ) to treat and dispose of hazardous waste. In 1997, WCS
> began accepting Resource Conservation and Recovery Act (RCRA) and Toxic
> Substance Control Act (TSCA) wastes for treatment, storage, and
> disposal. Later that year, WCS received a license from TDH for
> treatment and storage of MW and LLW. The MW and LLW streams may contain
> quantities of SNM.
>
> II
>
> Section 70.3 of 10 CFR part 70 requires persons who own, acquire,
> deliver, receive, possess, use, or transfer SNM to obtain a license
> pursuant to the requirements in 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.
> Pursuant to 10 CFR 70.17(a), ``the Commission may * * * 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.''
> On November 21, 2001, the NRC transmitted an Order to WSC. The
> Order was published in the Federal Register on November 15, 2001 (66 FR
> 57489). The 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
> storage and treatment facility in Andrews County, Texas, without
> obtaining an NRC license pursuant to 10 CFR part 70. The methodology
> used to establish these limits is discussed in the 2001 Safety
> Evaluation Report (SER) that supported the 2001 Order.
>
> [[Page 65469]]
>
> III
>
> The NRC staff considers that the appropriate action is to modify
> WCS's exemption. Currently, WCS is exempted from the requirements of 10
> CFR part 70, including the requirements for an NRC license in 10 CFR
> 70.3, for SNM within the restricted area at WCS's site. This
> modification specifically would allow WCS to use such chemical reagents
> as it deems necessary for treatment and stabilization of mixed waste
> containing SNM provided that the SNM mass does not exceed specified
> concentration limits. The WCS would continue to be restricted from
> using magnesium oxide in stabilization, per Condition 2 of the Order.
> Therefore, WCS's exemption is modified as follows:
> 1. Concentrations of SNM in individual waste containers and/or
> during processing must not exceed the following values:
>
> ------------------------------------------------------------------------
> Measurement
> Operational uncertainty
> SNM isotope limit (gram SNM/ (gram SNM/gram
> gram waste) waste)
> ------------------------------------------------------------------------
> 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, should be used.
> [GRAPHIC] [TIFF OMITTED] TN12NO04.000
>
> 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 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.
> 2. Waste must not contain ``pure forms'' of chemicals containing
> carbon, fluorine, magnesium, or bismuth in bulk quantities (e.g., a
> pallet of drums, a B-25 box). By ``pure forms,'' it is meant that
> mixtures of the above elements such as magnesium oxide, magnesium
> carbonate, magnesium fluoride, bismuth oxide, etc. do not contain other
> elements. The presence of the above materials will be determined and
> documented by the generator, based on process knowledge, or testing.
> 3. Waste accepted must 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. Waste packages must not contain highly water soluble forms of
> SNM greater than 350 grams of U-235 or 200 grams of U-233 or 200 grams
> of Pu. The sum of the fractions rule will apply for mixtures of U-233,
> U-235, and Pu. When multiple containers are processed in a larger
> container, the total quantity of soluble SNM shall not exceed these
> mass limits. 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 waste, and identify uranium
> chemical composition.
> b. 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.
> c. Uniformity Description. A description of the process by which
> the waste was generated showing that the spatial distribution of SNM
> must be uniform, or other information supporting spatial distribution.
> d. 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 as
> required by the State of Texas to permit independent review.
>
> [[Page 65470]]
>
> 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, that the measurement uncertainty does
> not exceed the uncertainty value 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 at the following frequency: (a) If
> the concentrations are above one tenth the SNM limits (Condition 1),
> once per 600 kg, (b) if the concentrations are below one tenth and
> greater than one hundredth of the SNM limits, once per 6,000 kg, and
> (c) if the concentrations are below one hundredth of the SNM limits,
> once per 60,000 kg.
> If the waste is determined to be not homogeneous (i.e., maximum,
> which cannot exceed the limits in Condition 1, and minimum testing
> values performed by the generator are greater than five times the
> average value), the generator shall sample and determine the SNM
> concentration once per 600 kg thereafter, regardless of SNM
> concentration. In this case, samples shall be a composite consisting of
> four uniformly sampled aliquots.
> The certifications required under these conditions shall be made in
> writing and include the statement that the signer of the certification
> understands that this information is required to meet the requirements
> of the NRC and must be complete and accurate in all material respects.
> 7. WCS shall sample and determine the SNM concentration for each
> waste stream at the following frequency: (a) If the concentrations are
> above one tenth the SNM limits (Condition 1), once per 1,500 kg for the
> first shipment and every 6,000 kg thereafter, (b) if the concentrations
> are below one tenth and greater than one hundredth of the SNM limits,
> once per 20,000 kg for the first shipment and every 60,000 kg
> thereafter, and (c) if the concentrations are below one hundredth of
> the SNM limits, once per 600,000 kg. This confirmatory testing is not
> required for waste to be disposed of at DOE's WIPP facility.
> If the waste is determined to be not homogeneous (i.e., maximum and
> minimum testing values performed by the generator are greater than five
> times the average value), WCS shall sample and determine the SNM
> concentration once per 1,500 kg for the first shipment and every 6,000
> kg thereafter, regardless of SNM concentration. In this case, samples
> shall be a composite consisting of four uniformly sampled aliquots.
> 8. 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.
> 9. WCS shall obtain NRC approval prior to changing any activities
> associated with the above Conditions.
>
> IV
CONTINUED ON "CNIC GET INFORMED PART 2" (click on link below)
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