[Federal Register Volume 65, Number 46 (Wednesday, March 8, 2000)]
[Notices]
[Pages 12283-12285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-5587]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 40-2377


Finding of No Significant Impact Related to Approval of Adjacent 
Land Remediation Plan for Kaiser Aluminum & Chemical Corporation, 
Tulsa, Oklahoma, License No. STB-472 (Terminated)

    The U.S. Nuclear Regulatory Commission (NRC) is considering 
approval of the Adjacent Land Remediation Plan (ALRP) for Kaiser 
Aluminum & Chemical Corporation (Kaiser), Tulsa, Oklahoma (Kaiser, 
1998), submitted to NRC on August 17, 1998. Kaiser is obligated to 
remediate the offsite property adjacent to their Tulsa, Oklahoma site 
to meet the release criteria established in the Action Plan to Ensure 
Timely Remediation of Sites Listed in the Site Decommissioning 
Management Plan (hereafter known as the SDMP Action Plan) NRC, 1992).

Environmental Assessment

Introduction

    On March 7, 1958, NRC issued Source Material License No. C-4012 to 
Standard Magnesium Corporation (Standard Magnesium), for possession of 
magnesium-thorium alloy. Standard Magnesium purchased magnesium-thorium 
scrap metal for reclaiming purposes. The end product from Standard 
Magnesium's manufacturing process was magnesium anodes used for 
cathodic protection on items such as tanks and pipelines. NRC License 
No. STB-472 superceded License No. C-4012 on November 22, 1961. In 
1964, Standard Magnesium became a wholly owned subsidiary of Kaiser 
within the Division of Kaiser Chemical Company. On June 5, 1968, 
License No. STB-472 was amended to include the possession of uranium, 
so that Standard Magnesium could process magnesium slag containing 
uranium. It does not appear that uranium was ever received or processed 
on site. On March 16, 1971, License No. STB-472 was terminated at the 
licensee's request.
    In 1991, Oak Ridge National Laboratory (ORNL) was contracted, by 
NRC, to review and evaluate all nuclear material licenses terminated by 
NRC or its predecessor agencies since inception of material regulation 
in the late 1940s. One of the objectives of this review was to identify 
sites with a potential for meaningful residual contamination, based on 
information in the license documentation. ORNL identified the Kaiser 
site as having the potential for residual contamination. On November 
17, 1993, an NRC inspector surveyed the Kaiser facility to assess the 
potential for residual contamination at the site. The inspector found 
contamination on the surface, indicating that waste magnesium-thorium 
slag was improperly disposed of in the past. Off-site residual thorium 
contamination was first identified during a subsequent NRC inspection 
conducted on June 29, 1994. The off-site thorium contamination is due 
to slag dumping in areas to the east and south of the current Kaiser 
property boundary, on property which belonged to Standard Magnesium/
Kaiser during licensed operations. NRC notified Kaiser on August 19, 
1994, that the site had been added to the Site Decommissioning 
Management Plan (SDMP). Kaiser has agreed to perform remediation 
activities in accordance with current regulations and release limits, 
even though it is not currently a licensee since its license was 
terminated in 1971.

Proposed Action

    Kaiser is proposing to remediate the off-site areas to the east and 
south of Kaiser's property which contain residual thorium contamination 
above the unrestricted release limits specified in the SDMP Action Plan 
(370 Becquerel per kilogram (Bq/Kg) (10 picocurie per gram (pCi/g)) 
total thorium). Kaiser proposes to:
    (1) Excavate soil with thorium levels above the maximum average 
concentration, and transport it directly to the Kaiser storage site, or 
load the contamination soil onto trucks for transport to the storage 
site.
    (2) Control the excavation process to assure contamination is not 
spread during excavation or transport;
    (3) Stockpile contaminated soil on Kaiser Property within a fenced 
location. It is estimated the 4673 cubic meters (m\3\ (165,000 cubic 
feet (ft\3\)) of contaminated soil will be transported and stored on 
Kaiser property pending final disposal
    (4) Control stockpiled soil to minimize erosion, airborne dust, and 
precipitation runoff;
    (5) Conduct a final survey of excavated areas and transport routes 
in accordance with NUREG/CR-5849, ``Manual for Conducting Radiological 
Surveys in Support of License Termination;'' and

[[Page 12284]]

    (6) Backfill excavated areas with unaffected material after 
receiving NRM acceptance of the final survey report (Kaiser, 1998).

The Need for Proposed Action

    The Kaiser property and adjacent land areas to the east and south 
contain thorium contaminated soil upon which magnesium was extracted 
from magnesium thorium alloys. The thorium-bearing slag was disposed of 
on-site. Some of the slag was dumped onto, what is now, land adjacent 
to the Kaiser property. Kaiser is proposing to remediate its property 
and the adjacent land areas as separate actions, with the adjacent land 
areas being remediated first.
    Site characterization studies (Kaiser, 1999) indicate that thorium 
contamination in the adjacent land areas extends from the Kaiser fence 
up to 36.6 m (120 ft) from the fence. Observed thorium concentrations 
on the adjacent property range from background to 13,478 Bq/kg (363.9 
pCi/g) of soil. Exposure rate measurements range from background 2.6 
nanoCoulomb per kilogram per hour (nC/kg hr) (10 microRoentgen per hour 
(uR/hr)) (background) to 31 nC/kg hr (120 uR/hr). Calculations by 
Kaiser indicate that soil with thorium concentrations above 111.11 Bq/
kg (3.0 pCi/g 232Th) of soil will require remediation to meet NRC's 
unrestricted release limits. Kaiser estimates the volume of 
contaminated soil in the adjacent land areas to be 4673 m3 
(165,000 ft3). Kaiser proposes to excavate, transport, and 
store the contaminated soil on Kaiser property pending final 
disposition (Kaiser, 1998).
    The proposed action is necessary for Kaiser to regain control of 
the off-site thorium contaminated soil and to minimize exposures to the 
public who may be inadvertently exposed to it.

Alternative to Proposed Action

    The remediation approach proposed by Kaiser allows them to take 
control of all contaminated material created by Standard Magnesium/
Kaiser and make adjacent land areas acceptable for unrestricted use. 
Further, the proposed approach allows Kaiser to dispose of all 
contaminated material at once. There are two alternatives to the 
proposed action of excavating and storing contaminated soil on Kaiser 
property: (1) No action; and (2) to excavate and transport the 
contaminated material directly to a licensed disposal facility. The no-
action alternative is not acceptable because soil containing thorium at 
levels exceeding NRC's limit for unrestricted use is accessible to the 
public. The second alternative is not considered to be advantageous, 
because it does not give Kaiser the option of disposing of all material 
collectively. This alternative does not preclude Kaiser from sending 
contaminated soil from adjacent land areas to a low-level radioactive 
waste disposal facility in the future, if necessary.

Environmental Impacts of Proposed Action

    Remediation of the adjacent land areas could result in both 
radiological and non-radiological environmental impacts. Radiological 
environmental impacts that could result from the remediation of the 
adjacent land areas include exposure, inhalation, and ingestion hazards 
to workers and the public. These hazards could occur during excavation, 
transport, or storage of the contaminated soil.
    Potential radiological impacts during excavation include: (1) 
Exposure; (2) inhalation and ingestion to workers; and (3) inhalation 
and ingestion to the public. Kaiser has committed to perform work 
activities in accordance with the Radiation Control Plan (RCP) 
submitted to the NRC as Appendix C of the ALRP. Worker doses due to 
direct exposure to the contaminated soil are expected to be small. Site 
characterization revealed that 74 percent of the samples contained less 
than 370 Bq/kg (10 pCi/g), and 83 percent contained less than 740 Bq/kg 
(20 pCi/g) (Kaiser, 1999). Since worker exposure time will be short, 
and thorium concentrations are relatively low, Kaiser estimates that 
doses due to direct contact with soil will be less than 1 millisievert 
per year (mSv/yr) (100 millirem per year (mrem/yr)). Inhalation and 
ingestion impacts will be minimized to the workers and public by 
controlling airborne material levels. Air sampling will be conducted in 
work areas, and at work area boundaries to evaluate off-site releases. 
Action will be taken if radioactivity levels exceed 10 percent of the 
regulatory limit in work areas and 50 percent of the regulatory limit 
at the work area boundary. Kaiser's RCP (Kaiser, 1998) includes 
controls for keeping external and internal radiation exposures to 
workers, and the public, ``as low as reasonably achievable'' (ALARA). 
These controls include implementing: (1) The RCP; (2) radiation worker 
training; (3) a respiratory protection program; (4) safety work permit 
procedures; and (5) radioactive material storage and handling 
procedures.
    The potential for radiological impacts during transportation is 
limited. Spillage during transportation is the only credible scenario 
for workers receiving a potential dose. Since any spills could be 
immediately recovered, doses due to direct exposure will be minimal. 
The potential exists for contaminated material to become airborne 
during transportation, unloading, or as a result of accidental spills. 
In the ALRP, Kaiser commits to using load covers, or other means, as 
necessary to prevent the spread of contamination during hauling. 
Potential radiological impacts to workers and the public due to 
airborne material will be controlled as described above.
    Potential radiological impacts resulting from the storage of the 
contaminated soil on Kaiser property include doses to the public from 
airborne material and precipitation runoff. In the ALRP, Kaiser commits 
to minimize the spread of contamination by storing soil on land that is 
already contaminated. Erosion and dust will be controlled by planting 
vegetation, covering with sheeting, or covering with clean soil. 
Precipitation runoff will be controlled with engineering measures to 
ensure that drainage from the stockpile will be into the retention 
pond. The RCP also references a radioactive liquid handling procedure.
    The potential for groundwater contamination at the site is minimal. 
Site characterization sampling at the site indicates that the vertical 
migration of the thorium is limited. Sampling revealed that thorium 
concentrations dropped quickly in undisturbed soil. Sampling also 
indicates that the freshwater pond, to the west of the site, controls 
the groundwater flow in the water table aquifer (Kaiser, 1995). Water 
samples taken from the freshwater pond that thorium concentrations 
consistent with background levels.
    NRC staff conducted an environmental justice review for the Kaiser 
site. We have determined that there are no environmental justice issues 
with the Kaiser site because there are no disproportionately high 
minority or low-income populations near the site.

Agencies and Individuals Consulted

    This Environmental Assessment (EA) was prepared entirely by NRC 
staff. No other sources were used beyond those referenced in this EA.
    NRC staff provided a draft of the EA to Oklahoma Department of 
Environmental Quality (ODEQ) for review. By facsimile dated July 30, 
1999, ODEQ agreed with NRC's conclusion that the proposed action will 
not have any significant affect on the quality of the human 
environment.
    NRC contacted the Fish and Wildlife Service to ensure that the 
proposed action will not have an adverse impact on threatened and 
endangered species.

[[Page 12285]]

Mr. Ken Frazier informed the NRC by phone on August 2, 1999, that the 
proposed action will have no impact on threatened and endangered 
species.
    NRC also contacted the Oklahoma Historical Society to determine if 
the proposed action would have any adverse impacts on sacred or 
historical properties near the Kaiser site. The Oklahoma Historical 
Society informed Kaiser, by letter dated August 31, 1999, that there 
are no historic properties affected by the project.
    The Oklahoma Archeological Survey informed NRC, by letter dated 
August 6, 1999, that no archeological sites are listed as occurring 
within the project area and no archeological materials are likely to be 
encountered.
    The Creek Nation of Oklahoma informed Kaiser, by letter dated 
August 5, 1999, that there are no religious or sacred sites within the 
project area that will be affected by the undertaking of this project.

 Conclusions

    Radiological exposures to workers and the public will be in 
accordance with 10 CFR Part 20 limits. Kaiser has committed to perform 
remediation activities in accordance with an acceptable RCP. NRC staff 
believes the RCP provides adequate controls to keep potential doses to 
workers and the public from direct exposure, airborne material, and 
released effluents, ALARA.
    NRC staff also believes that the remediation alternative proposed 
by Kaiser minimizes the potential dose to members of the public, and 
other environmental impacts. Potential doses to members of the public 
will be minimized by removing contaminated soil from public areas and 
storing on property fenced and controlled by Kaiser. The proposed 
remediation alternative also minimizes the other potential 
environmental impacts. The volume of contaminated soil to be excavated 
and stored on Kaiser property is a small fraction of the total volume 
of contaminated soil present on Kaiser property requiring remediation. 
Therefore, the potential environmental impact from the proposed action 
is insignificant.

References

    1. Kaiser Aluminum Specialty Products, ``Field Characterization 
Report,'' April 18, 1995.
    2. Kaiser Aluminum & Chemical Corporation, ``Adjacent Land 
Remediation Plan for Kaiser Aluminum & Chemical Corporation, Tulsa, 
Oklahoma,'' Revision 0, August 1998.
    3. Kaiser Aluminum and Chemical Corporation, ``Adjacent Land 
Characterization,'' March 1999.
    4. NRC , ``Action Plan to Ensure Timely Remediation of Sites Listed 
in the Site Decommissioning Management Plan,'' 57 FR 13389, April 16, 
1992.

Finding of No Significant Impact

    NRC has prepared an EA related to the approval of Kaiser's ALRP, 
Terminated License No. STB-472. On the basis of this EA, NRC has 
concluded that the environmental impacts that would be created by the 
proposed action would not be significant and do not warrant the 
preparation of an Environmental Impact Statement. Accordingly, it has 
been determined that Finding of No Significant Impact is appropriate.
    The EA and the documents related to this proposed action are 
available for public inspection and copying at the NRC's Public 
Document Room at the Gelman Building, 2120 L Street NW., Washington, DC 
20555-0001.

FOR FURTHER INFORMATION CONTACT: John T. Buckley, Project Manager, 
Decommissioning Branch, Division of Waste Management, Office of Nuclear 
Material Safety and Safeguards. Telephone: (301) 415-6607.

    Dated at Rockville, Maryland, this 14th day of February 2000.

    For the Nuclear Regulatory Commission.
Larry W. Camper,
Chief, Decommissioning Branch, Division of Waste Management, Office of 
Nuclear Material Safety and Safeguards.
[FR Doc. 00-5587 Filed 3-7-00; 8:45 am]
BILLING CODE 7590-01-M