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HomeMy WebLinkAboutDRC-2024-006699 DRC-2024-006427 RADIOACTIVE MATERIAL LICENSE NO. UT 2300249 and GROUNDWATER QUALITY DISCHARGE PERMIT No. UGW450005 STATEMENT OF BASIS For Proposed LICENSE AMENDMENT No. 28 Low Level Radioactive Waste Disposal Facility EnergySolutions, LLC 299 South Main Street, Suite 1700 Salt Lake City, UT 84111 August 28, 2024 Introduction On March 22, 2024, EnergySolutions LLC, a Utah limited liability company, filed an amendment request (CD-2024-057, DRC-2024-005038) to the Division of Waste Management and Radiation Control (Division), asking the Division to amend Radioactive Material License No. UT 2300249 (RML). EnergySolution’s primary request, amongst other things, is to incorporate the addition of a new rotary dumping facility, referred to as the East Side Rotary Facility, to the terms and conditions of the RML. The Director of the Division (Director) has reviewed EnergySolutions’ requests and has determined that amending the RML is appropriate and the request complies with the pertinent Utah rules governing radiation control; Utah Administrative Code R313 et seq. This Statement of Basis establishes the foundation on which the Division recommends the RML is amended. It also provides a brief summary of the proposed changes and their reasoning. If the proposed revisions in this licensing action are approved, the amended RML is to be designated as License Amendment No. 28. EnergySolutions submitted its request to amend the RML to the Director to amend License Condition 22 in Table 22-A and 51.A, to authorize use of its recently constructed East Side Rotary Facility. This licensing action intends to update surety by increasing the values described in License Condition 73.C to reflect the addition of the East Side Rotary Facility. The licensing action would also add the East Side Rotary Facility to the Ground Water Quality Discharge Permit UGW450005 (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. Statement of Basis RML No. UT 2300249 – Amendment 28 August 28, 2024 2 DRC-2024-006427 The Division issues and regulates the License and ensures that all applicable regulatory requirements are met. EnergySolutions’ request was reviewed by the Director and was deemed appropriate. Additional information addressing this request for amendment to License Condition 73.C is contained in Appendix A of this Statement of Basis. Provisional Nature of Proposed Amendments All conclusions in this Statement of Basis, including determinations that issues have been resolved or not resolved, are categorized as “proposed” because the Director may change the proposed conditions in light of new information and comments made during the public comment period. A final approval of the proposed revisions to the RML and Permit is dependent on consideration and incorporation of this information. Major Licensing Actions - East Side Rotary Facility On March 25, 2021, EnergySolutions requested approval to construct the East Side Rotary Facility (CD-2021-045, DRC-2021-004346). The Director granted conditional approval to construct the East Side Rotary Facility on June 23, 2021 (DRC-2021-006704). The East Side Rotary Facility was designed to manage Class A Low-Level Radioactive Waste (LLRW) as defined under Utah Admin. Code R313-15-1009, natural radioactivity under Utah Admin. Code R313-12-3, as well as 11e.(2) Waste as defined in Section 11e.(2) of the U.S. Atomic Energy Act of 1954, as amended. 42 USCA §2011. On March 22, 2024, EnergySolutions requested an amendment to the RML for the inclusion of the East Side Rotary Facility (CD-2024-057, DRC-2024-005038). Amending the license to add the East Side Rotary will result in an increase to EnergySolutions’ processing capacity which is classified as a major licensing amendment per Utah Admin. Code R313-17-2(1)(a)(i)(D) In addition, the Director has determined that the change in construction and process controls is of significant public interest, which are also classified as major licensing amendments in Utah Admin. Code R313-17-2(a)(i)(J). Major licensing amendments require the Director to give public notice of and provide an opportunity to comment on the proposed amendment. 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 were deemed necessary after review of the submitted documentation from EnergySolutions. The Division determined that the proposed verbiage was sufficient to meet applicable Radiation Control Rules (Utah Admin. Code R313) and Water Quality Rules (Utah Admin. Code R317-6) standards. Statement of Basis RML No. UT 2300249 – Amendment 28 August 28, 2024 3 DRC-2024-006427 Minor Licensing Actions – Appendix A A minor licensing action is one that does not meet the criteria of a major licensing action under Utah Admin. Code R313-17-2 and does not require public notice and comment. The Director deems that changes to the RML, proposed and described in Appendix A of this Statement of Basis, are minor in nature and would not require a public comment period. However, in the interest of public participation, the Director has decided to provide an opportunity for public comment on the minor proposed licensing and permitting actions. License Change Summary The addition of the East Side Rotary Facility to EnergySolutions’ Clive facility has necessitated changes throughout the RML, where the East Side Rotary Facility is currently absent from it. Generally, the Director found that the below summary of changes were appropriate under Utah Admin. Code R313, in order to properly regulate the construction and operation of the East Side Rotary Facility by incorporating it into the relevant portions of the license. License Condition Minor/ Major Change Description of Changes and Bases for Changes 22-A Major The Director proposes the addition of the East Side Rotary Facility to the 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 the East Side Rotary Facility for LLRW and 11e.(2) Waste for waste segregation purposes. 73.C Minor The Director proposes to increase the combined annual surety, identified further in Appx. A. Statement of Basis RML No. UT 2300249 – Amendment 28 August 28, 2024 4 DRC-2024-006427 Permit Change Summary Permit Modification Description of Proposed Changes Table 5 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 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 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 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 The Director proposes the addition of the East Side Rotary Facility to Appendix J: BAT Performance Monitoring Plan. Appendix J Fig. 1 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 to the East Side Drainage System. Appendix J 4.16.4.1 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. 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 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 The Director proposes the addition of the East Side Rotary Facility to Manhole 2 Visual Alarm Activated Flow Chart to the BAT Contingency Plan. Statement of Basis RML No. UT 2300249 – Amendment 28 August 28, 2024 5 DRC-2024-006427 Appendix K: 4.16.2.1 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 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 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 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. Further explanation as to the justification for this amendment is provided in Appx. B. Table 5 05006-C3 & 05006-V1 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 Return to quarterly groundwater level measurement frequency no longer requires Director Approval. Part I.F.17 Part I.E.10 Table 5 Removal of the Box Wash Facility which has been decommissioned. Appendix J 4.8 & Table 1. Removal of the Box Wash Facility from Appendix J of the Permit which has been decommissioned. Appendix K 4.9 Removal of the Box Wash Facility from Appendix K of the Permit which has been decommissioned. Part II.L.7 Updated ASTM Method has been updated to reflect the current methodology. Part II.I.1 Updated Division contact information and 24-Hour Notification via email. 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 Statement of Basis RML No. UT 2300249 – Amendment 28 August 28, 2024 6 DRC-2024-006427 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) Statement of Basis RML No. UT 2300249 – Amendment 28 August 28, 2024 DRC-2024-006427 Appendix A License Condition 73.C – Surety Update Statement of Basis to Amend License Condition 73.C License Condition 73.C. of the Low-Level Radioactive Waste (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 June 27, 2023, EnergySolutions submitted for review 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) which was approved by the Director on September 27, 2023 (DSHW-2023-208923). On October 11, 2023 (CD-2023-196, DRC-2023-074200) EnergySolutions submitted financial surety analysis for the inclusion for a surety estimate for the East Side Rotary Facility of $675,593.45 in section 35.A of the 2023 LLRW surety. On November 7, 2023, EnergySolutions submitted a Class 1 Permit Modification Request (CD-2023-228, 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 (DSHW-2023-211876). However, this update did not include the surety amount for the then- pending East Side Rotary Facility in CD-2023-196, DRC-2023-074200. 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. The combined annual surety is $84,120,006.36 90,531,943.08 with the LLRW subtotal of $52,585,327.48 56,700,162.66 as approved by the Director’s letter dated December 20, 2022December 26, 2023. Statement of Basis RML No. UT 2300249 – Amendment 28 August 28, 2024 DRC-2024-006427 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, Utah Admin. Code 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 to Request 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 Construction Area Survey Release Report 7/5/2022 DRC-2022- 017261 Revised East Side Rotary Facility Construction Drawings 5/15/2023 DRC-2023- 004371 Rescission of Request to Construct 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 Statement of Basis RML No. UT 2300249 – Amendment 28 August 28, 2024 DRC-2024-006427 2/12/2024 DRC-2024- 004291 Request for Information (RFI) for the East Side Rotary Facility As-Built Report Radioactive 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 Response to the Request for Information (RFI) to the ESRF As-Built Report Radioactive Material License (RML) UT 2300249 5/1/2024 DRC-2024- 006143 Revised Response to the Request for Information (RFI) to the ESRF As-Built Report Radioactive Material License (RML) UT 2300249 6/13/2024 DRC-2024- 006142 ESRF- Appendix K Flow Chart Proposed Amendments to the Permit Part I.F.13.d Request to Eliminate Annual Evaporation Pond Pump Inspection On September 14, 2022, (CD-2022-162, DRC-2022-021005) 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 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 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. Statement of Basis RML No. UT 2300249 – Amendment 28 August 28, 2024 DRC-2024-006427 Nonsubstantive changes 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.3 Date 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 the compliance 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 Division concerns regarding the physical integrity of the clay liner, EnergySolutions is required, on an annual basis, to demonstrate that the clay liner complies with LLRW and 11e.(2) CQA/QC Manual work element Clay 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 EnergySolutions’ 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). Statement of Basis RML No. UT 2300249 – Amendment 28 August 28, 2024 DRC-2024-006427 Part I.F.5.a Return of Monitoring Wells to Quarterly Water Level Measurement Frequency In a letter dated February 15, 2023 (CD-2023-038, DRC-2023-001547), EnergySolutions requested a modification to the 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. 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, EnergySolutions notified the Division that due to the extension of the Mixed Waste Embankment, the LARW Box Washing Facility would need to be removed (CD11-0198, 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 (CD15-0061, 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 Division 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 EnergySolutions to appropriate Division staff in a timely, efficient manner.