[Federal Register Volume 68, Number 110 (Monday, June 9, 2003)]
[Notices]
[Pages 34422-34425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-14397]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 40-2377]


Environmental Assessment and Finding of No Significant Impact 
Related to the Approval of the Decommissioning Plan for Kaiser Aluminum 
& Chemical Corporation, Tulsa Facility, Tulsa, OK

I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC) is considering 
approval of the Decommissioning Plan (DP) for Kaiser Aluminum & 
Chemical Corporation (Kaiser), Tulsa Facility, Tulsa, Oklahoma (Ref. 
1), and DP Addendum (Ref. 2) submitted to NRC on May 25, 2001, and May 
9, 2002, respectively. Kaiser is obligated to remediate the Tulsa, 
Oklahoma facility to meet the release criteria established in 10 CFR 
part 20, subpart E. Kaiser has proposed a decommissioning approach that 
will achieve unrestricted release of the site.

II. Environmental Assessment

Introduction

    On March 7, 1958, the Atomic Energy Commission (AEC) issued Source 
Material License No. C-4012 to Standard Magnesium Corporation (Standard 
Magnesium), a Division of Kaiser Chemical Company, 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No. STB-472 superceded License No. C-4012 on November 22, 1961. 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 
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 conduct remediation activities in 
accordance with current regulations and release limits, even though it 
is not currently a licensee.
    A detailed discussion of the contamination present at the site is 
presented in Chapter 4 of the DP, and Chapter 4 of the DP Addendum.

Purpose and Need for Proposed Action

    The Kaiser property contains thorium contaminated dross/soil. This 
property was owned and operated by Kaiser's predecessor, Standard 
Magnesium. Standard Magnesium extracted magnesium from magnesium 
thorium alloys. The thorium-bearing slag was disposed of on-site and 
onto, what is now, land adjacent to the Kaiser property. Kaiser has 
completed remediation of the adjacent property and is now proposing 
plans to remediate its property.
    Extensive site characterization studies conducted by Kaiser (Ref. 3 
and Ref. 4), indicate that Th-228, Th-230 and Th-232 are present in 
dross/soil on the Kaiser property. In 1995, an investigation was 
performed to characterize soils and sludges in the Retention and 
Reserve Pond areas containing thorium with respect to criteria used by 
the NRC for release of sites for unrestricted use, as set forth in the 
NRC Branch Technical Position, Disposal or On-Site Storage of Residual 
Thorium or Uranium Wastes From Past Operations (Ref. 5). From the 
characterization data, affected material volumes were estimated by 
performing kriging calculations. The estimate from

[[Page 34423]]

the kriging calculations yielded a total volume of 113,504 cubic meters 
(m3) [4,007,909 cubic feet (ft3)] of material 
with Th-232 + Th-228 concentrations greater than 370 milli Becquerels 
per gram (mBq/g) (10 picocuries per gram (pCi/g)), and a volume of 
143,288 m3 (5,059,614 ft3) of material with 
concentrations greater than 222 mBq/g (6 pCi/g). With the addition of 
stockpiled soils, (8071 m3 (285,000 ft3) of 
material moved on-site during the Adjacent Land Area Remediation 
project), the kriging estimate for the total volume of affected soil in 
the Retention Pond and Reserve Pond areas is 151,370 m3 
(5,345,000 ft3). The thorium concentration for on-site 
material ranges from approximately 74 mBq/g to 15.4 Bq/g (2 pCi/g to 
416 pCi/g) for Th-232 + Th-228.
    In the DP, Kaiser identified the potential for radioactive material 
under concrete paved surfaces and building floor areas in the 
operations area. Subsequently, Kaiser submitted a report on additional 
site characterization activities conducted to identify radioactive 
material located beneath structures in the operations area (Ref. 4). 
Kaiser has determined that modifications of on-site buildings/
structures during operations resulted in surface and subsurface soil 
contamination beneath concrete paved surfaces and building floor areas 
in the operations area. Residual radioactive material exists in the 
following areas: (1) Beneath a significant portion of the Flux Building 
structure; (2) beneath the northern portion of the concrete pad which 
was once used as a slag storage area; (3) beneath the north portion of 
the Crusher Building structure and the paved area north/northeast of 
the Crusher Building; (4) beneath the concrete paving area located west 
of the Maintenance Building; and (5) beneath a portion of the concrete 
area inside of the Warehouse Building. Kaiser estimates that 
approximately 1699 m3 (60,000 ft3) of material 
will be excavated during decommissioning activities in the former 
operational area.
    The purpose of the proposed action is to reduce residual 
radioactivity at the Kaiser facility to a level that permits release of 
the property for unrestricted use. NRC is fulfilling its 
responsibilities under the Atomic Energy Act to make a decision on a 
proposed action for decommissioning that ensures protection of the 
public health and safety of the environment.

The Proposed Action

    Kaiser is proposing to remediate its facility to meet the 
unrestricted release criteria of 10 CFR Part 20, Subpart E, by 
identifying, excavating, and disposing material with Th-232 
concentrations greater than 1151 mBq/g (31.1 pCi/g). Specifically, 
Kaiser proposes to conduct excavation activities in four phases:
    Phase 1--remove material stockpiled from the adjacent land 
remediation. Materials from the existing stockpile will be transported 
to a new storage area and sorted. Materials above 1151 mBq/g (31.1 pCi/
g) will be shipped to a disposal site licensed to receive the material.
    Phase 2--excavate material from the former operational area and 
transport to the pond parcel. Material with Th-232 concentrations 
greater than 1151 mBq/g (31.1 pCi/g) will be segregated and shipped to 
a disposal site licensed to receive the material. Material below 
criteria will be placed in the pond parcel as backfill.
    Phase 3--excavate and transport material from the reserve pond area 
to the stockpile area for processing. Material above 1151 mBq/g 
(31.1pCi/g) will be shipped to a disposal site licensed to receive the 
material. Below-criteria material will be returned to the excavation.
    Phase 4--excavate material from the retention pond area and former 
spillway. Material will be transported to the stockpile area and 
processed/disposed as in previous phases. It is estimated that 
approximately 170,592 m3 (6,028,000 ft3) of 
material will be excavated during decommissioning activities. Of this 
volume, 33,984 m3 (1,200,000 ft3) will have Th-
232 concentration greater than 1151 mBq/g (31.1 pCi/g), and will 
require off-site disposal.
    A detailed discussion of the proposed decommissioning activities at 
the site is presented in Chapter 8 of the DP, and Chapter 8 of the DP 
Addendum.

Alternatives to the Proposed Action

    The proposed remediation approach allows Kaiser to meet NRC's 
requirements for unrestricted release of the site, uses proven 
technology, and is protective of human health and the environment. 
However, there are two alternatives to the proposed action of 
excavating and disposing of above-criteria material at a licensed 
disposal facility; (1) To take no action, and (2) to excavate 
contaminated material such that the site would be suitable for 
restricted release. The no-action alternative is not acceptable because 
soil contains thorium at levels which would cause a dose exceeding 
NRC's limits presented in 10 CFR 20.1402 (25 mrem/yr (25mSv/yr) plus 
ALARA). Kaiser does not consider the restricted release alternative to 
be advantageous at this time for environmental, technical and economic 
reasons. Therefore, these alternatives are not considered further in 
this EA.

The Affected Environment and Environmental Impacts

    The Kaiser facility is located at 7311 East 41st Street in Tulsa, 
Oklahoma. It is situated in Tulsa County, Oklahoma, about 5 miles 
southeast of the downtown center of the City of Tulsa. The site 
initially occupied approximately 23 acres of land on both sides of 41st 
Street. The remediation area is bounded by the south fence line, the 
freshwater pond embankment on the west, Fulton Creek ditch on the 
north, the east fence line, and the northern and western edges of the 
flux building and paved area. The areas to be remediated include a 
portion of the 4-acre operational area south of the railroad, and a 
large portion of the 14-acre pond parcel located north of the railroad. 
The pond parcel is divided into three parts--the unaffected freshwater 
pond to the west (approximately 4 acres), the affected retention pond/
reserve pond area to the east (approximately 9 acres), and the area 
containing the flux building and paved area (approximately 1 acre).
    Remediation of the Kaiser property could result in both 
radiological and non-radiological environmental impacts. Radiological 
environmental impacts that could result from the remediation of the 
facility include exposure, inhalation, and ingestion hazards to workers 
and the public. These hazards could occur during excavation, transport, 
or backfilling of the contaminated soil.
    Potential radiological impacts during excavation and backfilling 
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 Health & Safety Plan (HSP) 
(Chapter 10 of the DP), and the Environmental Health and Safety Plan 
(EHSP) (Appendix E of the DP).
    Worker doses due to direct exposure to the contaminated soil are 
expected to be small. Site characterization revealed that 95 percent of 
the material contains less than 1850 Bq/kg (50 pCi/g) thorium. 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.

[[Page 34424]]

Kaiser has determined that in order to reach 10 percent of the derived 
air concentration (DAC) limit, the soil must exceed 7.4 Bq/g (200 pCi/
g) Th-232 + Th-228. Based on characterization information, Kaiser has a 
good database to identify where soil exceeds 7.4 Bq/g (200 pCi/g) Th-
232 + Th-228. If the Th-232 + Th-228 is less than 7.4 Bq/g (200 pCi/g) 
soil, Kaiser will perform occasional air sampling near the dust source. 
If the soil exceeds 7.4 Bq/g (200 pCi/g) Th-232 + Th-228 where airborne 
dust from nearby soil might reach 0.1 DAC, Kaiser will perform 
continuous, stationary air sampling near the dust source while workers 
are present.
    Air sampling will also be conducted at work area boundaries to 
evaluate off-site releases. Action will be taken if radioactivity 
levels exceed 50 percent of the regulatory limit at the work area 
boundary.
    Kaiser's DP includes controls for keeping radiation exposures to 
workers, and the public, ``as low as is reasonably achievable'' 
(ALARA). These controls include implementing: (1) The HSP and EHSP; (2) 
radiation worker training; (3) a respiratory protection program; (4) 
safety work permit procedures; and (5) radioactive material storage and 
handling procedures. In addition, Kaiser presented an ALARA analysis 
(Chapter 7 of the DP) which compared dose and cost of the planned 
action with the cost benefits of incremental soil removal to further 
reduce the dose. The analysis demonstrates that removal of additional 
soil/dross is not cost beneficial.
    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 loading, unloading, or as a result of accidental spills. In the 
DP, Kaiser commits to using a controlled material handling/processing/
storage area to package waste for disposal. Packaging will include 
Department of Transportation and disposal facility approved containers. 
After packaging, waste will be transferred to a secured on-site storage 
area or loaded directly for shipping. Potential radiological impacts to 
workers and the public due to airborne material will be controlled as 
described above.
    Potential radiological impacts resulting from the stockpiling of 
the contaminated soil on Kaiser property include doses to the public 
from airborne material and precipitation runoff. In the DP, Kaiser 
commits to minimize the spread of contamination by lining the stockpile 
area with a high density polyethylene liner, or equivalent. In 
addition, berms or ditches will be constructed at the stockpile 
perimeter to control precipitation falling on the stockpile. Kaiser has 
committed to minimize storm water contact with stockpiled soil. Contact 
may be minimized by: (1) Diverting water around remediation and 
stockpile areas; (2) covering stockpiles; or (3) performing work during 
dry season.
    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.
    Potential non-radiological impacts include; increased traffic from 
transportation of waste, esthetic degradation, and economic impacts. 
Waste will be transported by either rail or truck. Kaiser estimates 
that approximately 33,984 m3 (1,200,000 ft3) of 
material will be generated for off-site disposal. This volume of 
material will require less than 1000 rail cars, which will be spread 
over a three year time period. Therefore, the impact from 
transportation should be insignificant.
    The Kaiser facility is located in an area which is completely 
developed with no pre-settlement vegetation existing. Land use within a 
one mile radius from the site is a mixture of commercial, industrial, 
and residential. Commercial or industrial properties in the area 
include Union Pacific Railroad (right-of-way), Specific Systems, Beejay 
Inc., Smalley Equipment, and Red Man. Kaiser has committed to restore 
the site following remediation. Restoration will include; placement of 
vegetative cover, seeding and mulching, permanent surface water 
controls, and permanent erosion and sedimentation controls. U.S. Fish 
and Wildlife Service has determined that the proposed action will not 
have an adverse impact on threatened and endangered species. The 
Oklahoma Historical Society informed Kaiser that there are no historic 
properties affected by the project. The Oklahoma Archeological Survey 
has stated that no archeological sites are listed as occurring within 
the project area and no archeological materials are likely to be 
encountered. Further, the Creek Nation of Oklahoma informed Kaiser, 
that there are no religious or sacred sites within the project area 
that will be affected by the undertaking of this project. Therefore, 
the esthetic impact from decommissioning activities should be 
insignificant.
    The residential population within a 3 km (1.9 miles) radius of the 
site is approximately 24,000. Additionally, in 1990, there were 
approximately 3500 business entities with in the same area. The 
facility lies within two separate zones; the Industrial Moderate 
District and Industrial Light District. Zoning within the vicinity of 
the facility is not expected to change. According to Chapter 15.0 of 
the DP, less than 15 workers will be required to perform 
decommissioning activities. Due to the small number of workers required 
for decommissioning, and the short duration of the project, this effort 
should have minimal socioeconomic impact on the community.
    Air quality and noise impacts will result from excavation and 
transport of waste. Kaiser will use appropriate dust control measures 
during excavation. These activities will be sporadic in nature and 
relatively short in duration; and, therefore, will have minimal impact 
on the surrounding community and environment.
    NRC has found no other activities in the area that could result in 
cumulative impacts.

Agencies and Persons Consulted

    NRC staff provided a draft of the EA to Oklahoma Department of 
Environmental Quality (ODEQ) for review. By facsimile dated May 30, 
2003, ODEQ informed NRC that it had no comments on the draft EA.
    NRC contacted the U.S. Fish and Wildlife Service to ensure that the 
proposed action will not have an adverse impact on threatened and 
endangered species. Mr. Ken Frazier informed the NRC on April 16, 2003, 
that the proposed action will have no impact on threatened and 
endangered species.
    Prior to approval of the Kaiser Phase 1 DP, NRC 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.

[[Page 34425]]

Conclusions

    Kaiser has committed to perform remediation activities in 
accordance with an acceptable DP. NRC staff believes the DP 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 Kaiser property 
and making the site suitable for unrestricted release. The proposed 
remediation alternative also minimizes the potential environmental 
impacts. Kaiser will excavate and dispose of soil with Th-232 
concentrations greater than 1151 mBq/g (31.1 pCi/g), thereby removing a 
significant source of contamination from the local environment. 
Therefore, the potential environmental impact from the proposed action 
is insignificant.

List of Preparers

John Buckley, Project Manager, Division of Waste Management
J.C. Dehmel, Health Physicist, Division of Waste Management
Adrienne Lester, Environmental Scientist, Division of Waste Management

References

1. Kaiser Aluminum and Chemical Corporation, ``Decommissioning Plan,'' 
June 2001.
2. Kaiser Aluminum and Chemical Corporation, ``Decommissioning Plan 
Addendum,'' May 2002.
3. Advanced Recovery Systems/Nuclear Fuel Services, Inc., Kaiser 
Aluminum Specialty Products, ``Field Characterization Report,'' April 
18, 1995.
4. Kaiser Aluminum and Chemical Corporation, ``Additional Site 
Characterization Activities,'' November 2001.
5. NRC, Branch Technical Position, ``Disposal or Onsite Storage of 
Thorium or Uranium Wastes from Past Operations,'' 1981.

III. Finding of No Significant Impact

    Pursuant to 10 CFR part 51, NRC has prepared this EA related to the 
approval of Kaiser's DP. On the basis of this EA, NRC staff has 
concluded that there are no significant environmental impacts on the 
quality of the human environment. Accordingly, the staff has determined 
that preparation of an Environmental Impact Statement is not warranted.

IV. Further Information

    The licensee's request for the proposed action and other related 
documents to this proposed action are available for public inspection 
and copying for a fee at NRC's Public Document Room at NRC 
Headquarters, One White Flint North, 11555 Rockville Pike, Rockville, 
Maryland 20852. These documents, along with most others referenced in 
the EA, are available for public review through ADAMS, the NRC's 
electronic reading room, at: http://www.nrc.gov/reading-rm/adams.html.
    Any questions with respect to this action should be referred to 
John Buckley, Decommissioning Branch, Mailstop T-7F19, Division of 
Waste Management, Office of Nuclear Materials Safety and Safeguards, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. 
Telephone: (301) 415-6607.

    Dated at Rockville, Maryland, this 30th day of May, 2003.

    For the Nuclear Regulatory Commission,
Daniel M. Gillen,
Chief, Decommissioning Branch, Division of Waste Management, Office of 
Nuclear Material Safety and Safeguards.
[FR Doc. 03-14397 Filed 6-6-03; 8:45 am]
BILLING CODE 7590-01-P