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HomeMy WebLinkAboutDRC-2024-006427RADIOACTIVE MATERIAL LICENSE NO. UT 2300249 andGROUNDWATER QUALITY DISCHARGE PERMIT No. UGW450005STATEMENT OF BASISFor ProposedLICENSE AMENDMENT No. 28Low Level Radioactive Waste Disposal FacilityEnergySolutions, LLC 299 South Main Street, Suite 1700 Salt Lake City, UT 84111AugustXX, 2024 Introduction ThisStatement of Basis establishes the foundation on which Radioactive Material License No. UT2300249 (RML) has been recommended for amendment. Ifthe proposed revisions are approved, the revised License is to be designated as Amendment 28. On March 22, 2024, EnergySolutions LLC (ES) filed an amendment request (CD-2024-057, DRC-2024-005038). ES submitted the request to the Director of the Division of Waste Management and Radiation Control (Director or Division) to amend License Conditions22 in Table 22-Aand 51.A of the RMLto authorize use of the recently constructed East Side Rotary Facility.This licensing action shall also update surety by increasing the values described in License Conditions 73.C to reflect the addition of the East Side Rotary Facility.The East Side Rotary Facility shall also be added to the Ground Water Quality Discharge Permit UGW45005 (Permit). Additionally, the Division is using this opportunity to include changes to the Permit that were previously approved by the Director, but not incorporated into the Permit at the time of approval. As such, Division staff performed an evaluation of the technical and regulatory merits of this modification request. The Divisionissues and regulates the License and the Director ensures that all applicable regulatory requirements are met.This request was reviewed by the Directorand was deemed appropriate. Additional information addressing this request for amendment to 73.Cis contained in Appendix A of this Statement of Basis. East Side Rotary Facility On March 25, 2021, ES requested approval to construct the East Side Rotary Facility (DRC-2021-004346) and received conditional approval to construct on June 23, 2021 via DRC-2021-006704. The East Side Rotary Facility was designed to manage Class A Low-Level Radioactive Waste (LLRW) as defined under Utah Radiation Control Rules, UAC R313-15-1009 as well as Naturally Occurring and Accelerator Produced Radioactive Materials (NORM/NARM) under the Utah Radiation Control Rules, UAC R313-12-,as well as 11e.(2) Waste as defined in Section 11e.(2) of the U.S. Atomic Energy Act of 1954, as amended. On March 22, 2024 ES requested an amendment to the RML for the inclusion of the East Side Rotary Facility(CD-2024-057, DRC-2024-005038). Because ithas the potential to modify the operations andtherefore the radiation safety processesat the Clive, Utah Site.Per R313-17-2(1)(a)(i)(A) This licensing action is considered a major licensing action and requires a public comment period. License Condition 22A and Condition 51.A were modified to include the East Side Rotary Facility to ensure continued compliance with applicable regulatory requirements. No changes to waste acceptance criteria, or environmental monitoring weredeemed necessary after review of the submitted documentation from ES.The proposed verbiage was determined to be sufficient from Division staff in meeting applicable Radiation Control Rules (UAC R313) and Water Quality (UAC R317-6) standards. Minor Amendment Additional changes proposed and described in Appendix A of this Statement of Basis are deemed minor in nature by the Director, and as a result are not subject to a mandatory public comment period. However, in accordance with Utah Administrative Code (UAC) R313-17-2(1)(a)(i)(J), in the interest of public participation during this licensing and permitting activity the Director has decided to provide an opportunity for public comment on the proposed changes. To further clarify, minor changes to the License and/or Permit are those that are considered (i) to have no impact on the protection of the public and environment; (ii) to be a change of requirements that are more stringent than those already existing; or (iii) are administrative in nature to clarify a License and/or Permit condition(s). In contrast, the Director considers major changes to a License to be those that have a potential to adversely affect public health and/or the protection of the environment, or to represent a reduction in monitoring requirements. Purpose of Public Comments All conclusions in this Statement of Basis, including determinations that issues have been resolved or not resolved, are categorized as “proposed”because they are subject to notice and comment and reconsideration by the agency in light of comments made during the public comment period and the record as a whole. A final approval of the proposed revisions to the License and Permit is dependent on incorporating the outcome of the public comment period. License Change Summary License Condition Minor/Major Change Description of Changes and Bases for Changes 22-A Major The Director proposes the addition of East Side Rotary Facility to contamination surveys list for both Gamma Radiation Levels and Contamination Wipes to be conducted on a weekly interval. 51.A Major The Director proposes the addition of East Side Rotary Facility for LLRW and 11e.(2) Waste for segregation purposes. 73.C Minor The Director proposes to increase combined annual surety. Permit Change Summary PermitModification Minor/Major Change Description of Proposed Changes Table 5 Major The Director proposes the addition of multiple drawing numbers related to the East Side Rotary Facility to Table 5 Approved Engineering Design Drawings for Waste/Wastewater Related Facilities. Part I.E.10.e & f Major The Director proposes the addition of the East Side Rotary Facility to the approved list of facilities to handle Containerized Waste and Bulk Waste, respectively. Part I.E.28 & Part I.F.31 Major The Director proposes the addition of the East Side Rotary Facility to the list of BAT Performance and Best Management Practice Standards and Compliance Monitoring. Part I.I.5 Major The Director proposes the addition of new groundwater quality compliance wells GW-155, GW-156, and GW-157 for the East Side Rotary Facility to ensure compliance with Ground Water Protection Levels established by the Permit. Appendix J 4.22 Major The Director proposes the addition of the East Side Rotary Facility to Appendix J: BAT Performance Monitoring Plan. Appendix J Fig. 1 Major The Director proposes updating the East Side Flow Diagram to include the East Side Rotary Facility which is a diagram that overviews all process and contact water connected the East Side Drainage System.. Appendix J 4.16.4.1 Major The Director proposes updating Appendix J of the Permit to include BAT Performance Monitoring requirements for Manhole 1A which connects the East Side Rotary Facility to the East Side Drainage System. Appendix J Table 1. Major The Director proposes including the addition of the East Side Rotary Facility to Table 1 of Appendix J of the Permit to include inspection and maintenance and performance criteria associated with compliance with Best Available Technology (BAT). Appendix K 4.16.2.4 Major The Director proposes the addition of Manhole 1A Visual Alarm Activated Flow Chart to the BAT Contingency Plan which connected the East Side Rotary Facility to the East Side Drainage System. Appendix K: 4.16.2.2 Major The Director proposes the addition of the East Side Rotary Facility to Manhole 2 Visual Alarm Activated Flow Chart to the BAT Contingency Plan. Appendix K: 4.16.2.1 Major The Director proposes the addition of the East Side Rotary Facility to Manhole 1 Visual Alarm Activated Flow Chart to the BAT Contingency Plan. Appendix K: 4.22 Major The Director proposes the addition of the East Side Rotary Facility to the BAT Contingency Plan to Appendix K: BAT Contingency Plan to ensure compliance with BAT requirements. Part I.F.13.d Major The Director proposes the removal of the annual evaporation pond pump inspection due to existing pump function verification test each month. Part I.E.7.c.3 Minor Modified the annual compliance survey date for Class A West cell clay liner from May 1 to August 1 to preserve the integrity of the clay liner. Table 5 05006-C3 & 05006-V1 Minor Updated drawings for Rotary Dump Facility to include the removal of spinner and surfactant arches in the Rotary Dump Facility Rail Wash Building due to safety concerns for personnel performing decontamination activities. Part I.F.5.a Minor Return to quarterly groundwater level measurement frequency no longer requires Director Approval. Part I.F.17 Part I.E.10 Table 5 Minor Removal of the Box Wash Facility which has been decommissioned. Appendix J 4.8 & Table 1. Minor Removal of the Box Wash Facility from Appendix J of the Permit which has been decommissioned. Appendix K 4.9 Minor Removal of the Box Wash Facility from Appendix K of the Permit which has been decommissioned. Part II.L.7 Minor Updated ASTM Method has been updated to reflect the current methodology. Part II.I.1 Minor Updated Division contact information and 24-Hour Notification via email. Requested Changes not Incorporated Various requests to amend the Permit have been submitted and are still under review at this time. To address the inclusion of the East Side Rotary Facility into the RML and Permit in a timely manner, the Director has determined to address unevaluated changes in a future modification. Below is the summary of change requests evaluated butnot incorporated. Permit Change Not Incorporated Summary PermitModification Minor/Major Change Description of Proposed Changes Part I.E.7 Major Class A West Cell storm water pumping system construction plan that was rescinded by ES in favor of an alternative system that did not require construction. Additional Information Additional details regarding the changes to the License and Permit are contained in the following Appendices. Appendix A: License Condition 73.C – Surety Update Appendix B: Ground Water Quality Discharge Permit Statement of Basis Attachment 1: DRAFT Ground Water Quality Discharge Permit No. UGW450005 (DRC-2024-006425) Attachment 2: DRAFT RML No. UT 23000249 Amendment 28 Redline Strikeout (DRC-2024-006426) Attachment 3: DRAFT GWQDP No. 450005 Appendix J: BAT Performance Monitoring Plan (DRC-2024-006424) Attachment 4: DRAFT GWQDP No. 450005 Appendix K: BAT Contingency Plan (DRC-2024-006423) Appendix A License Condition 73.C – Surety Update Statement of Basis to Amend License Condition 73.C License Condition 73.C. of the LLRW Radioactive Material License (UT 2300249) lists the approved combined annual surety amount for the Clive, Utah Site and the individual surety amount for the LLRW Facility. Changes to the combined surety and individual facility amounts are updated annually based on physical changes at the facility and inflation calculations. Occasionally intermediate revisions are approved by the Director. On September 27, 2023, EnergySolutions submitted, to the Director, the 2021 & 2022 Annual Surety update to the combined annual surety amount for the state-issued Part B Permit, the 11e.(2) Radioactive Material License (UT 2300478) and the LLRW Radioactive Material License (UT 2300249) (DSHW-2023-208923). Included in this was a surety estimate for the East Side Rotary Facility of $675,593.45 in section 35.A of the 2023 Low-Level Radioactive Waste (LLRW) surety. On November 14, 2023 EnergySolutions submitted a Class 1 Permit Modification Request (DSHW-2023-211714) to account for increasing the amount of controlled low-strength material (CLSM) from 22,200 cubic yards to 24,700 cubic yards. This was approved by the Director on December 6, 2023 via DSHW-2023-211876. However, this update did not include the then-pending East Side Rotary Facility. To accommodate for the change in surety, Division staff reviewed the surety estimate numbers to ensure accuracy for the inclusion of the East Side Rotary Facility. Based on a Division review of the annual update submission, Condition 73.C. of the LLRW Radioactive Material License shall be revised as indicated in the following paragraphs: The License Section and Redline Strikeout Version are included below: 73.C.C.The combined annual surety is $90,531,943.08 with the LLRW subtotal of $56,700,162.66 as approved by the Director’s letter dated December 26, 2023. Appendix B Ground Water Discharge Permit Modifications Statement of Basis to Amend the Permit The addition of the East Side Rotary Facility requires modification to not only the Permit but also Appendix J and K (Best Available Technology (BAT) Performance Monitoring Plan and Best Available Technology (BAT) Contingency Plan, respectively) of the Permit. To ensure that compliance is consistent for the East Side Rotary Facility and existing facilities, R317-6 was used as well as the EPA Unified Guidance (2009). The iterative process to determine compliance points is outlined in the correspondence record below. East Side Rotary Correspondence Summary Date DRC Number Title of Correspondence 3/25/2021 DRC-2021-004346 Request for Modification, Proposed to Construction of East Side Rotary Facility 6/23/2021 DRC-2021-006704 Request for Modification, Proposal to construct the East Side Rotary Facility Radioactive Material License UT2300249, Conditional Approval 1/14/2022 DRC-2022-000431 Proposal to Construct the East Side Rotary Facility Request for Information 2/1/2022 DRC-2022-001741 Response toRequest for Information for Proposed East Side Rotary Facility 4/19/2022 DRC-2022-004245 Proposal to Construct the East Side Rotary Facility-Request for Information 4/27/2022 DRC-2022-006121 East Side Rotary ConstructionArea Survey Release Report 7/5/2022 DRC-2022-017261 Revised East Side Rotary Facility Construction Drawings 8/15/2022 DRC-2022-019746 Revised East Side Rotary Facility Construction Drawings, Request for Information 5/15/2023 DRC-2023-004371 Rescission of Request toConstruct a New Evaporation Pond for East Side Rotary Facility Support 4/24/2023 DRC-2023-003771 Condition 48.C - East Side Rotary Facility As Built Report 10/11/2023 DRC-2023-074200 East Side Rotary Facility As Built Report Addendum 2/12/2024 DRC-2024-004291 Request for Information (RFI) for the East Side Rotary Facility As-Built ReportRadioactive Material License (RML) UT 2300249 3/7/2024 DRC-2024-004819 Response to the Request for Information (RFI) to the ESRF As-Built Report 4/17/2024 DRC-2024-005246 Request for Information (RFI) for the East Side Rotary Facility As-Built Report 4/29/2024 DRC-2024-005476 Revised Response to the Request for Information (RFI) to the ESRF As-Built Report 5/1/2024 DRC-2024-006143 Revised Response to the Request for Information (RFI) to the ESRF As-Built Report 6/13/2024 DRC-2024-006142 ESRF- Appendix K Flow Chart Major Part I.F.113.d Request to Eliminate Annual Evaporation Pond Pump Inspection On September 14, 2022 the Permittee requested a modification to the Permit to eliminate Part I.F.13.d, which requires annual inspection of evaporation pond leak detection system pumps. Pump performance is confirmed on a monthly basis, at a minimum, by manual operation during Best Available Technology (BAT) inspections as documented on the LLRW/11e.(2) Monthly Facility Inspection form (Form 3). Daily BAT inspections document the fluid head level in the leak detection system sump of each pond. These readings provide an independent check on pump function. If fluid head levels reach a preset high level for the pump to cycle and the system does not operate automatically, inspectors manually check the system function. If the fluid head level reaches 1.0 foot, a visual alarm is displayed, which prompts a manual check. The BAT Contingency Plan (GWQDP Appendix K) requires the pump and process control to be inspected by maintenance personnel within 24 hours of discovery of a problem. Additionally, the BAT Performance Monitoring Plan (GWQDP Appendix J) requires a spare pump to be present on site for replacement. After evaluation, the Division Director approved the removal of this requirement in a letter dated April 21, 2023 (DRC-2023-003403) in which it was determined that the pass or failure of a pump during annual inspections has not been indicative of pump performance. Additionally, it is not an accurate indication of when a pump will fail. Minor In addition to the specific references below,non-substantive changes including grammar, updated Division information, and clarity where needed, were added throughout the Permit. Furthermore, the Permit change approved in License Amendment 26 is incorporated into this version of the Permit as non-redline edits. Part I.E.7.c.3Date Modification for Annual Survey of the Class A West CWF and Large Component Evaporation Basin On December 13, 2016, the Permittee submitted a letter to the Division requesting a change to thecompliance date for the annual survey of compacted clay at the surface of the Class A West, Containerized Waste Facility, and Large Component evaporation basin. To address Divisionconcerns regarding the physical integrity of the clay liner, EnergySolutions is required, on an annualbasis, to demonstrate that the clay liner complies with LLRW and 11e.(2) CQA/QC Manual work elementClay liner Placement, specification “Liner Drying Prevention” placement criteria. Part I.E.7.c.3 of the Permit requires the survey be completed no later than May 1 of each year. However, due to the seasonal nature of precipitation and evaporation rates, water is often present in the evaporation basin and the surface is soft and muddy at this time. Under these conditions, performing the survey could potentially damage the clay liner. In their December 2016 letter, the Permittee proposed to change the completion date to no later than August 1 of each year to avoid such damage. The compliance date in Part 1.E.7.c.3 was initially scheduled for that date due to early schedules at the Clive site and was created to accommodate the facility at that time. The Division reviewed the Permittee’s request and determined that changing the compliance date of the annual survey would not impact the environmental or human health to the site and would eliminate or significantly reduce variance requests due the presence of water in the evaporation basin. The Director approved the proposed change in compliance date from May 1 to August 1. Table 5 05006-C3, 05006-V1 - Rail Wash Building, Rotary Dump Facility On September 26, 2016, the Permittee submitted a request to the Division to remove the spinner arch and surfactant arch in the Rotary Dump Facility rail wash building due to safety concerns for personnel performing decontamination activities (DRC-2016-010263). Division staff evaluated EnergySolutions’ proposed modifications and the Director gave approval for modification on December 19, 2016 (DRC-2016-011962). As-built drawings were provided by EnergySolutions to the Division on February 28, 2017 upon completion of construction (DRC-2017-001483). Part I.F.5.aReturn of Monitoring Wells to Quarterly Water Level Measurement Frequency  In a letter dated February 15, 2023 (DRC-2023-001547; CD-2023-038), ES requested a modification tothe Monitoring Requirements and Frequency for Water Level Measurements for groundwater elevation monitoring in Part 1.F.5.a of the Permit. In this correspondence, the Permittee requested that the return to quarterly groundwater elevation monitoring from accelerated monitoring would no longer require approval from the Director of the Division. Groundwater elevation data is used in part to determine the vertical hydraulic gradient to ensure that the facility continues to operate within the bounds of the original analyzed conditions. The Division evaluated this proposal and approved the Permittee’s modification request to allow accelerated groundwater elevation monitoring wells to return to quarterly monitoring frequency without Director approval; however, the Division shall require that all monitoring wells that are returned to quarterly monitoring be identified and reported in the Semi-Annual Monitoring Report, as required in Part 1.H.1.b of the Permit. Part I.F.17, Part I.E.10, and Table 5 Removal of Box Wash Facility On July 19, 2011, ES notified the Division that due to the extension of the Mixed Waste Embankment, the LARW Box Washing Facility would need to be removed (DRC-2011-007095). After demolition and removal of the Facility, the Permittee submitted the Clive Box Wash Facility Area Survey Release Report via letter dated March 16, 2015 (DRC-2015-001766). Part II.L.7 ASTM Method Update The ASTM Method has been updated to reflect the current edition, ASTM Method 4044-96, approved Oct. 10, 1997. Part II.I.1 LLRW Email Notification/Contact Information Methods of notification to the Department of Waste Management and Radiation Control have been updated to include the most recent Utah Department of Environmental Quality 24-hr number and notification via email to llrw@utah.gov. These methods of notification have been used by the Division for several years and have served to streamline information from ES to appropriate Division staff in a timely, efficient manner. Not Incorporated Part I.E.7CAW Stormwater Pumping System Construction On August 16, 2017, ES requested authorization to construct a Storm Water PumpingSystem to manage the removal of stormwater at the southwest corner of the Class A West embankment (DRC-2017-006021). The Permittee later rescinded this request via letter dated September 02, 2017, as an alternative form of storm water management that did not require construction of the proposed system was implemented (DRC-2017-007162).