ML103570231
| ML103570231 | |
| Person / Time | |
|---|---|
| Site: | 07000036 |
| Issue date: | 12/29/2010 |
| From: | Hayes J NRC/FSME/DWMEP/DURLD/MDB |
| To: | Stetzler K State of MO, Dept of Natural Resources |
| Hayes J | |
| Shared Package | |
| ML103570242 | List: |
| References | |
| Download: ML103570231 (4) | |
Text
December 29, 2010 Mr. Kip Stetzler, Acting Director Missouri Department of Natural Resources P.O. Box 176 Jefferson City, MO 65102-0176
SUBJECT:
SOLICITATION OF MISSOURI DEPARTIMENT OF NATURAL RESOURCES COMMENTS ON DRAFT ENVIRONMENTAL ASSESSMENT WITH A FINDING OF NO SIGNIFICANT IMPACT ASSOCIATED WITH THE HEMATITE BURIAL PITS 20.2022 REQUEST (Docket No. 70-00036)
Dear Mr. Stetzler:
By letter dated May 21, 2009, the U.S. Nuclear Regulatory Commission (NRC) received a license amendment application from Westinghouse Electric Company LLC (WEC or the licensee), pertaining to its planned disposal of NRC-licensed source, byproduct and special nuclear material. Regarding this material, WEC sought approval, pursuant to 10 CFR 20.2002 of proposed disposal procedures which are not otherwise authorized by NRC regulations. WEC holds NRC License No. SNM-00033, which authorizes the licensee to conduct decommissioning activities at its former fuel cycle facility located in Festus, Missouri. The amendment request sought authorization to allow WEC to transfer decommissioning waste to U.S. Ecology Idaho, Inc., a Resource Conservation and Recovery Act (RCRA) Subtitle C disposal facility located near Grand View, Idaho. This facility is regulated by the Idaho Department of Environmental Quality, and is not an NRC-licensed facility. Pursuant to 10 CFR 30.11 and 70.17, WECs application also requested exemptions from the licensing requirements of 10 CFR 30.3 and 70.3 for the byproduct and special nuclear material it sought to transfer. These exemptions are necessary because the disposal of byproduct and special nuclear material must occur at a facility licensed to possess such material, and the U.S. Ecology Idaho facility has no NRC license.
An NRC administrative review, documented in a letter to WEC dated June 19, 2009, found the alternate disposal application acceptable to begin a technical review. The NRC is completing that technical review and it appears that the NRC is moving towards granting WECs request. If approved, the NRCs approval would be documented in an amendment to Hematites NRC License No. SNM-00033. However, before approving the proposed amendment, the NRC needs to make the findings required by the Atomic Energy Act of 1954, as amended, and the National Environmental Policy Act. These findings would be documented, respectively, by the NRC in a Safety Evaluation Report (SER), and in a separate environmental assessment (EA).
The NRC staff has prepared, in accordance with 10 CFR51.21, an EA of the effects of this action.
A copy of the NRCs draft EA is enclosed for your review. Should the Missouri Department of Natural Resources (MDNR) have any comments or suggestions on these drafts, please provide them to me within 30 days from the date of this letter. We will presume that you have no comments if none are received within the 30 days.
K. Stetzler 2 In transmitting the draft EA to you, the cover letter, by itself, may be made publicly available.
However the draft EA document should not be made publicly available as the NRC considers the draft to be pre-decisional information. Accordingly, we have placed Official Use Only - Pre-decisional Environmental Assessment in the header/footer of the EA. Please limit distribution to staff within the Missouri Department of Natural Resources.
Since this action proposes the burial of material in Idaho, a copy of this draft EA is also being sent to the Idaho Department of Environmental Quality requesting their comments.
In accordance with 10 CFR 2.390 of the NRCs Rules of Practice for Domestic Licensing Proceedings and Issuance of Orders, a copy of this letter will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records component of NRCs Agencywide Documents Access and Management System (ADAMS).
ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html.
If you have any further questions, please contact me at (301) 415-5928 or via email at John.Hayes@nrc.gov.
Sincerely,
/RA/ P. Michalak for J/ Hayes John J. Hayes, Senior Project Manager Materials Decommissioning Branch Decommissioning and Uranium Recovery Licensing Directorate Division of Waste Management and Environmental Protection Office of Federal and State Materials and Environmental Management Programs
Enclosures:
Hematite Burial Pit 20.2002 Alternate Disposal Draft Environmental Assessment
K. Stetzler 2 In transmitting the draft EA to you, the cover letter, by itself, may be made publicly available.
However the draft EA document should not be made publicly available as the NRC considers the draft to be pre-decisional information. Accordingly, we have placed Official Use Only - Pre-decisional Environmental Assessment in the header/footer of the EA. Please limit distribution to staff within the Missouri Department of Natural Resources.
"Pre-decisional Information: This information is limited to use by the U.S. Fish and Wildlife Services and their staff, the Missouri Department of Natural Resources and their staff and the Idaho Department of Environmental Quality and their staff. This information shall not be disclosed without prior NRC permission."
Since this action proposes the burial of material in Idaho, a copy of this draft EA is also being sent to the Idaho Department of Environmental Quality requesting their comments.
In accordance with 10 CFR 2.390 of the NRCs Rules of Practice for Domestic Licensing Proceedings and Issuance of Orders, a copy of this letter will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records component of NRCs Agencywide Documents Access and Management System (ADAMS).
ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html.
If you have any further questions, please contact me at (301) 415-5928 or via email at John.Hayes@nrc.gov.
Sincerely,
/RA/ PMichalak for JHayes John J. Hayes, Senior Project Manager Materials Decommissioning Branch Decommissioning and Uranium Recovery Licensing Directorate Division of Waste Management and Environmental Protection Office of Federal and State Materials and Environmental Management Programs
Enclosures:
Hematite Burial Pit 20.2002 Alternate Disposal Draft Environmental Assessment DISTRIBUTION:
J. Tapp, RIII ML103570242 OFC DWMEP DWMEP DWMEP DWMEP NAME JHayes SAchten PMichalak PMichalak for JHayes DATE 12/23/10 12/23/10 12/29//10 12/29/10 OFFICIAL RECORD COPY