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Federal Register / Vol. 70, No.

136 / Monday, July 18, 2005 / Notices 41241

Signed in Washington, DC, this 8th of July, Performance Assessment Directorate, By letter dated July 8, 2003,
2005. Division of Waste Management and Envirocare proposed that the NRC
Charles S. Ciccolella, Environmental Protection, Office of amend the January 30, 2003, Order. The
Acting Assistant Secretary of Labor for Nuclear Material Safety and Safeguards, NRC staff has evaluated this request in
Veterans’ Employment and Training. U.S. Nuclear Regulatory Commission, two phases. In the first phase, the NRC
[FR Doc. 05–14024 Filed 7–15–05; 8:45 am] Washington, DC 20555. Telephone: staff evaluated the following requested
BILLING CODE 4510–79–M (301) 415–5835; fax number: (301) 415– revisions: (1) Modify the table in
5397; e-mail: jrp@nrc.gov. Condition 1 to include limits for
SUPPLEMENTARY INFORMATION: uranium and plutonium in waste
NATIONAL CREDIT UNION without magnesium oxide; (2) modify
I. Introduction the units of the table from picocuries of
ADMINISTRATION
The U.S. Nuclear Regulatory SNM per gram of waste material to gram
Sunshine Act Meeting Commission (NRC) is considering of SNM per gram of waste material; and
issuance of an Order pursuant to section (3) revise the language of Condition 5 to
TIME AND DATE: 10 a.m., Thursday, July 274f of the Atomic Energy Act that be consistent with the revised units in
21, 2005. would modify an existing Order for the table in Condition 1. The NRC staff
PLACE: Board Room, 7th Floor, Room Envirocare of Utah, Inc. (Envirocare). approved these revisions and published
7047, 1775 Duke Street, Alexandria, VA The existing order exempts Envirocare a modified Order in the Federal
22314–3428. from certain NRC regulations and Register on December 29, 2003 (68 FR
STATUS: Open permits Envirocare, under specified 74986). In the second phase, which is
conditions, to possess waste containing the subject of this EA, the NRC staff has
MATTERS TO BE CONSIDERED:
special nuclear material (SNM), in evaluated the remaining revisions
1. Quarterly Insurance Fund Report.
greater quantities than those specified in requested by Envirocare (the proposed
2. Reprogramming of NCUA’s
10 CFR part 150, at Envirocare’s low- action).
Operating Budget for 2005.
3. Proposed Rule: Part 796 of NCUA’s level waste (LLW) disposal facility Review Scope
Rules and Regulations, Post- located in Clive, Utah, without
obtaining an NRC license pursuant to 10 The purpose of this EA is to assess the
Employment Restrictions for Certain environmental impacts of Envirocare’s
NCUA Examiners. CFR part 70. The NRC has prepared an
Environmental Assessment (EA) in requested modification to its December
4. Proposed Rule: Section 741.8 of 2003 Order. This EA does not approve
NCUA’s Rules and Regulations, support of this action in accordance
with the requirements of 10 CFR part or deny the requested action. A separate
Purchase of Assets and Assumption of Safety Evaluation Report (SER) also will
Liabilities; and Request for Comments: 51. Based on the EA, the NRC has
concluded that a Finding of No be issued in support of the approval or
Section 741.3 of NCUA’s Rules and denial of the requested action. This EA
Regulations, Nonconforming Significant Impact (FONSI) is
appropriate. The modified Order will be will determine whether to issue or
Investments. prepare an Environmental Impact
5. Proposed Rule: Section 701.34 of issued following the publication of this
notice. Statement (EIS). Should the NRC issue
NCUA’s Rules and Regulations, a FONSI, no EIS will be prepared.
Uninsured Secondary Capital Accounts. II. Environmental Assessment
6. Proposed Rule: Part 742 of NCUA’s Proposed Action
Rules and Regulations, Regulatory Background
Envirocare proposes that the NRC
Flexibility Program. The NRC is considering issuance of an amend the December 29, 2003, Order to:
FOR FURTHER INFORMATION CONTACT: Order pursuant to section 274f of the (1) Modify the table in Condition 1 to
Mary Rupp, Secretary of the Board, Atomic Energy Act that would modify include criticality-based limits for
Telephone: 703–518–6304. an existing Order for Envirocare. The uranium-233 and plutonium isotopes in
existing order exempts Envirocare from waste containing up to 20 percent of
Mary Rupp, certain NRC regulations and permits materials listed in Condition 2 (e.g.,
Secretary of the Board. Envirocare, under specified conditions, magnesium oxide); (2) include
[FR Doc. 05–14192 Filed 7–14–05; 2:18 pm] to possess waste containing SNM, in criticality-based limits in the table in
BILLING CODE 7535–01–M greater quantities than those specified in Condition 1 for plutonium isotopes in
10 CFR part 150, at Envirocare’s LLW waste with unlimited materials in
disposal facility located in Clive, Utah, Condition 2, and in waste with
NUCLEAR REGULATORY without obtaining an NRC license unlimited quantities of materials in
COMMISSION pursuant to 10 CFR part 70. Published Conditions 2 and 3 (e.g., beryllium); (3)
[Docket No. 40–8989]
in the Federal Register on May 21, 1999 provide criticality-based limits for
(64 FR 27826), the original Order was uranium-235 as a function of
Notice of Availability of Environmental modified subsequently on January 30, enrichment in waste containing up to 20
Assessment and Finding of No 2003, at the request of Envirocare and percent of materials listed in Condition
Significant Impact for Exemption From published in the Federal Register on 2 and in waste containing none of the
Certain NRC Licensing Requirements February 13, 2003 (68 FR 7399). materials listed in Condition 2; and (4)
for Special Nuclear Material for Envirocare is licensed by the State of include additional mixed waste
Envirocare of Utah, Inc. Utah, an NRC Agreement State, under a treatment technologies.
10 CFR part 61 equivalent license for
AGENCY: Nuclear Regulatory the disposal of LLW. Envirocare also is Need for the Proposed Action
Commission. licensed by Utah to dispose of mixed In its July 8, 2003, request, Envirocare
ACTION: Notice of availability. waste, hazardous waste, and 11e.(2) states that it is currently at a
byproduct material (as defined under competitive disadvantage with another
FOR FURTHER INFORMATION CONTACT: section 11e.(2) of the Atomic Energy Act waste disposal company. Envirocare
James Park, Environmental and of 1954, as amended). would like to expand its capabilities to

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41242 Federal Register / Vol. 70, No. 136 / Monday, July 18, 2005 / Notices

accept additional waste streams and radiological or non-radiological impacts electronically at the NRC’s Electronic
treat waste using additional resulting from the proposed limits of Reading Room at http://www.NRC.gov/
technologies. In order to do so, uranium and plutonium. In addition, reading-rm/adams.html. From this site,
Conditions 1 and 5 of the Order would these revisions to the Order are not you can access the NRC’s Agencywide
need to be revised. expected to significantly change Document Access and Management
environmental impacts from current System (ADAMS), which provides text
Alternatives to the Proposed Action
operations at Envirocare. and image files of NRC’s public
The only alternative to the proposed For Envirocare, the changes to the documents. The ADAMS accession
action that the NRC staff considered was limits will allow the site to accept new numbers for the documents related to
the no-action alternative. Under the no- waste streams, which may increase the this notice are: Envirocare’s June 8,
action alternative, the Order would not number of waste shipments to the site. 2003, request (ADAMS Accession No.
be revised. It is estimated that this may result in ML031950334) and the NRC staff’s June
Affected Environment approximately 100 additional shipments 2005 SER (ADAMS Accession No.
per year to the site, which equates to ML041190003). If you do not have
The NRC staff has prepared an about two shipments per week. It is not access to ADAMS or if there are
environmental impact statement (EIS) expected that the small increase in problems in accessing the documents
(NUREG–1476; August 1993), EAs, and shipments would have a significant located in ADAMS, contact the NRC’s
SERs for its previous actions. The environmental impact to the local area. Public Document Room (PDR) Reference
affected environment for the Envirocare In addition, it is not expected that staff at 1–800–397–4209, (301) 415–
site is described in detail in NUREG– Envirocares’s use of the new waste 4737, or by e-mail to pdr@nrc.gov.
1476. processing technologies would have These documents may also be viewed
Environmental Impacts of the significant environmental impacts. electronically on the public computers
Alternatives These technologies would be used in located at the NRC’s PDR, O 1 F21, One
No-Action Alternative: For the no- treating and stabilizing waste containing White Flint North, 11555 Rockville
action alternative, the environmental SNM, and any effluents from these Pike, Rockville, MD 20852. The PDR
impacts would be the same as those processes would be collected and reproduction contractor will copy
evaluated in the EAs that support the managed to prevent release. As stated documents for a fee.
May 21, 1999, Order (64 FR 26463, May previously, potential radiological doses Dated in Rockville, Maryland, this 11th
14, 1999), the January 30, 2003, are not anticipated to change as a result day of July, 2005.
modification of the Order (68 FR 3281, of the use of these new technologies. For the Nuclear Regulatory Commission.
January 23, 2003), and the December 29, Conclusion Scott C. Flanders,
2003, modification of the Order (68 FR Based on its review, the NRC staff Deputy Director, Environmental &
59645, October 16, 2003). The Performance Assessment Directorate,
finds that the environmental impacts Division of Waste Management and
regulations regarding SNM possession from the proposed action and the no-
in 10 CFR part 150 set mass limits Environmental Protection, Office of Nuclear
action alternative are similar. Since the Material Safety and Safeguards.
whereby a licensee is exempted from proposed action will not significantly
the licensing requirements of 10 CFR [FR Doc. 05–14026 Filed 7–15–05; 8:45 am]
impact the quality of the human
part 70 and can be regulated by an environment, the NRC staff concludes
BILLING CODE 7590–01–P
Agreement State. The licensing that the proposed action is the preferred
requirements in 10 CFR part 70 apply to alternative.
persons possessing greater than critical OFFICE OF MANAGEMENT AND
mass quantities (as defined in 10 CFR Agencies and Persons Consulted BUDGET
150.11). The principal emphasis of 10 Officials from the State of Utah,
CFR part 70 is criticality safety and Audits of States, Local Governments,
Department of Environmental Quality, and Non-Profit Organizations; Circular
safeguarding SNM against diversion or Division of Radiation Control were
sabotage. The NRC staff considers that A–133 Compliance Supplement
contacted about this EA for the
criticality safety can be maintained by proposed action and had no comments. AGENCY: Executive Office of the
relying on concentration limits, under Because the proposed action is not President, Office of Management and
the specified conditions. These expected to have any impact on Budget.
concentration limits are considered an threatened or endangered species or ACTION: Notice of availability of the 2005
alternative definition of quantities not historic resources, the U.S. Fish and Circular A–133 Compliance
sufficient to form a critical mass to the Wildlife Service and the State of Utah Supplement.
weight limits in 10 CFR 150.11, thereby Historic Preservation Officer were not
assuring the same level of protection. contacted. SUMMARY: This notice announces the
The 1999 and the two 2003 EAs availability of the Compliance
concluded that issuance of the Order III. Finding of No Significant Impact Supplement (Supplement) for 2005. The
would have no significant radiological On the basis of the EA, The NRC has Single Audit Act Amendments of 1996
or non-radiological environmental concluded that there are no significant and OMB Circular A–133 provide for
impacts. environmental impacts from the the Office of Management and Budget to
Proposed Action: For the proposed proposed amendment and has issue a compliance supplement to assist
action, the environmental impacts are determined not to prepare an auditors in performing the required
not expected to be significant. Effluent environmental impact statement. audits under Circular A–133, Audits of
releases and potential doses to the States, Local Governments, and Non-
public are regulated by the State of Utah IV. Further Information Profit Organizations. Annually, OMB
and are not anticipated to change as a Documents related to this action, works with the Federal agencies to
result of this revision. The NRC staff including the application for update the program objectives,
previously determined in the 1999 EA amendment and supporting procedures and key compliance
that there would be no significant documentation, will be available requirements which the Federal

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