[Federal Register Volume 69, Number 180 (Friday, September 17, 2004)]
[Notices]
[Pages 56102-56104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20989]
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NUCLEAR REGULATORY COMMISSION
Requests Comments on a Draft Environmental Assessment Related to
a U.S. Nuclear Regulatory Commission Decision To Take No Further Action
at the Kiski Valley Water Pollution Control Authority Site
The U.S. Nuclear Regulatory Commission (NRC) is considering the
alternative of issuing a decision of no further action for the Kiski
Valley Water Pollution Control Authority (KVWPCA) site in Leechburg,
Pennsylvania and has prepared a draft Environmental Assessment (EA) in
support of this action.
The NRC staff has developed a draft EA to address this action (see
Section II of this Federal Register notice). In accordance with both
the NRC and Federal guidance, NRC is requesting stakeholders comments
regarding the action for inclusion to the EA. If any interested
stakeholders have comments regarding the NRC's draft EA, please provide
them within 30 days from the date of this Federal Register notice so
they may be fully considered. If you require additional information,
please contact the project manager, Kenneth Kalman, at 301-415-6664 or
by e-mail at [email protected].
I. Summary
KVWPCA operates a waste water treatment plant in Leechburg,
Pennsylvania, about 40 kilometers (25 miles) northeast of Pittsburgh on
the flood plain of the Kiskiminetas River. From 1976 to 1993, KVWPCA
treated sewage sludge by incineration. KVWPCA disposed of the resulting
sewage sludge ash by mixing it with water to form a liquid slurry and
pumping this material into an onsite lagoon. Discharges to the lagoon
ceased in 1993 and plans for closure were developed in 1994. Subsequent
analyses revealed that subsurface uranium contamination was present in
the ash lagoon. The NRC staff conducted a dose assessment related to
the incinerator ash lagoon at the KVWPCA site and has determined that
the ash meets the NRC's criteria for releasing sites for unrestricted
use under the License Termination Rule 10 CFR Part 20, Subpart E. The
KVWPCA site is not licensed by the NRC. Since the material in the ash
lagoon meets the criteria for unrestricted use, NRC has determined that
the site can be released from NRC jurisdiction without further remedial
action.
II. Environmental Assessment
Introduction
In 1994, plans were made to remove the ash from the lagoon at the
KVWPCA site. In the course of site closure, the Pennsylvania Department
of Environmental Resources notified NRC that elevated uranium
concentrations had been found in an ash sample from the KVWPCA site.
Subsequent analyses revealed that subsurface uranium contamination was
present at concentrations of up to 34 becquerels per gram (Bq/g) [923
picocuries per gram (pCi/g)] total uranium, and that the material was
enriched to approximately 4% uranium-235. Further characterization
revealed that the volume of the contaminated ash is approximately 9,000
cubic meters (320,000 cubic feet) and that the total uranium inventory
is approximately 32-41 gigabecquerels (0.85-1.1 Ci), resulting in an
average total uranium concentration of approximately 3.0 Bq/g (80 pCi/
g). The contaminated ash is highly heterogeneous and the highest levels
of contamination are found over a relatively small area, at a depth of
2 to 3 meters (m) [7 to 10 feet (ft)]. Radionuclides other than uranium
are also present, but at much lower concentrations.
The contamination is believed to have resulted from the
reconcentration of uranium-contaminated effluents released from the
sanitary sewers and laundry drains of the Babcock & Wilcox (B&W) Apollo
facility. During its operation, the B&W Apollo facility conducted fuel
manufacturing and fabrication. Upon successful completion of its
decommissioning activities, the NRC terminated the B&W Apollo site's
license on April 14, 1997. There is no evidence suggesting that the
discharges from the B&W Apollo facility exceeded permissible levels
during operation.
NRC, KVWPCA, and the Pennsylvania Department of Environmental
Protection (PADEP) have engaged in numerous interactions on the
decommissioning of the KVWPCA site. By letter dated November 7, 2003,
NRC staff informed KVWPCA that it would be conducting a dose assessment
to determine what actions should be taken at the KVWPCA site. This
letter also noted that PADEP has taken the position that under
Pennsylvania's Solid Waste Management Act, the ash in the lagoon should
be removed and properly disposed of per the Commonwealth's jurisdiction
over the material as solid waste. Therefore, the NRC staff's dose
assessment included scenarios for leaving the ash on site as well as
scenarios for removing the ash.
NRC staff conducted dose assessments for a range of potential
scenarios. These scenarios include a removal scenario, in which the
contaminated ash is excavated and removed to an offsite disposal
facility, and an onsite no-action scenario, in which the lagoon is
abandoned in place with no remedial actions performed. The onsite
scenarios included a reasonably foreseeable future land use case and a
pair of less likely cases used as assessment tools to bound the
uncertainty associated with future land use. In all of the scenarios,
doses from the groundwater pathway are expected to be significantly
limited by the relatively non-leachable form of uranium in the ash as
determined by leaching tests.
It is likely that the contaminated ash will be removed from the
lagoon, and that the site will continue to be used as a waste water
treatment plant. Thus, the critical group in the removal scenario is
the workers who excavate the contaminated ash and are exposed through
inhalation of resuspended fine contaminated ash particles and direct
irradiation. In addition, to address the possibility that the ash may
be removed to a RCRA-permitted landfill, potential impacts of more
aggressive leachate chemistry (low or high pH conditions) on uranium
mobility were considered and the range of doses to a hypothetical
individual residing near the landfill was qualitatively evaluated.
The dose to workers who excavate and remove the ash is expected to
be approximately 0.15 mSv (15 mrem). Since any removal operation would
take considerably less than one year, this constitutes the total annual
dose in the year of removal. Doses to ash removal workers are dominated
by the inhalation of uranium-234 and uranium-238 along with a small
additional dose from external exposure. Doses to the ash removal
workers are limited by the
[[Page 56103]]
relatively low average concentration of these isotopes, the limited
exposure time during excavation of the ash, and the limited
respirability of the ash particles.
Three cases of the onsite no-action scenario, in which the ash is
assumed to be left in place without any remedial action, were also
evaluated. These include a recreational use case, in which the property
is converted into a riverside park; an agricultural use case; and an
intrusion case, in which it is assumed that a volume of ash is
excavated for the construction of a basement and the excavated ash is
spread on the land surface. These cases, while less likely, were
evaluated because they are useful assessment tools. Since they comprise
a range of future land usages and include all exposure pathways, they
can be used to bound other scenarios and, therefore, provide an
evaluation of the uncertainty associated with future land use.
In the event that the contaminated ash remains onsite with no
remedial action taken, the assumption of a recreational exposure case
results in a annual dose of approximately 0.01 mSv (1 mrem) over the
next few centuries, eventually rising to approximately 0.02 mSv (2
mrem) at 1000 years. This result is approximately an order of magnitude
lower than either the agricultural case or the intrusion case because
no crop intake is assumed in the recreational case.
The results of analysis of the agricultural case indicate that the
peak annual dose within the 1000-year compliance period is predicted to
be less than 0.2 mSv (20 mrem) and to occur at 1000 years after the
present time. Results of the analysis of the intrusion case indicate
that the peak mean annual dose within the 1000-year compliance period
is also expected to be less than 0.2 mSv (20 mrem) and to occur at 1000
years after the present time.
In the agricultural and intrusion cases, it was assumed that a
person would site a well or cultivated field at a random location
within the 4000 m2 (1 acre) site. In the unrealistic case
that a farmer were to occupy the site and place a home in the most
contaminated 200 m2 (0.05 acre) area on the site, the peak
annual dose would be expected to be well below the public dose limit
and thus this scenario is not given further consideration in the
staff's evaluation.
Regardless of whether the ash is left in place or excavated and
removed pursuant to Pennsylvania State law, the NRC staff concludes
that the doses for all scenarios meet the NRC's criteria for
unrestricted use (i.e., the doses are less than 25 mrem per year).
Therefore, no further remedial action under NRC authority is required.
The staff's dose assessment is presented in greater detail in SECY-04-
0102, ``The Results of the Staff's Evaluation of Potential Doses to the
Public from Materials at the Kiski Valley Water Pollution Control
Authority site in Leechburg, Pennsylvania.''
Proposed Action
The proposed action is for NRC to take no further regulatory action
regarding the KVWPCA site.
Purpose and Need for the Proposed Action
The purpose of the proposed action is to allow the KVWPCA site in
Leechburg, Pennsylvania, to be made available for unrestricted use.
This can be justified by demonstrating that the site meets the NRC
criteria for unrestricted use. Should the proposed action be approved,
under Pennsylvania's Solid Waste Management Act, PADEP could require
that the ash in the lagoon be removed and disposed of as solid waste.
NRC is fulfilling its responsibilities under the Atomic Energy Act
to make a decision on release of facilities for unrestricted use that
ensures protection of public health and safety and the environment.
Alternative to the Proposed Action
Based on its dose assessment, the NRC staff found the KVWPCA site
to be acceptable for release for unrestricted use. The only alternative
to the proposed action would be to make no determination regarding the
need for NRC action at the site (i.e., a no-action alternative). This
would leave the KVWPCA site subject to potential unnecessary regulation
by NRC. The staff has determined that the site meets the NRC criteria
for unrestricted use and that no further action by NRC is necessary.
The no-action alternative is not acceptable because KVWPCA does not
plan to conduct any activities that would require NRC oversight.
The Affected Environment and Environmental Impacts
The site is located in the central portion of the Appalachian
Plateau physiographic province. The Allegheny River and its tributaries
such as the Kiskiminetas River drain the majority of the region. The
KVWPCA site drains into the Kiskiminetas River.
The ash lagoon occupies approximately one acre of the 36-acre
KVWPCA site. The bottom of the lagoon basin was excavated into the
native silty clay of the bench terrace of the Kiskimenetas River. The
lagoon is 2 to 3 meters deep. Land use within the vicinity of the site
consists of medium-sized rural residences, small farms, and light
industrial areas.
The NRC staff has reviewed the Closure Plan for the KVWPCA site and
a draft Environmental Impact Statement for decommissioning the nearby
B&W Shallow Land Disposal Area in Parks Township, Pennsylvania (NUREG-
1613). As discussed earlier, the NRC staff has conducted a dose
assessment using site-specific data. Based on its review and analyses,
the staff has determined that the affected environment and
environmental impacts associated with the release for unrestricted use
of the KVWPCA site is bounded by the impacts evaluated by the ``Generic
Environmental Impact Statement in Support of Rulemaking on Radiological
Criteria for License Termination of NRC-Licensed Nuclear Facilities''
(NUREG-1496). The staff also finds that the proposed release for
unrestricted use of the KVWPCA site is in compliance with Title 10,
Code of Federal Regulations, Part 20.1402, ``Radiological Criteria for
Unrestricted Use.'' The proposed action will result in no physical
change to the site. Therefore, the NRC expects no significant impact of
a nonradiological nature. However, by NRC taking no action, PADEP will
have the ability to exercise its authority to require the material to
be removed from the site, which will result in physical change to the
site. The NRC staff has found no other activities in the area that
could result in cumulative impacts.
Agencies and Persons Consulted
This EA was prepared by the NRC staff. The NRC staff has been in
contact with the State of Pennsylvania regarding this issue and has
informed the state of its proposal to take no further action at the
Kiski Valley site. The State Office of Historical Preservation, the
State Fish and Wildlife Service, and the U.S. Fish and Wildlife Service
were not contacted because release of the KVWPCA site for unrestricted
use would not affect historical or cultural resources, nor would it
affect threatened or endangered species. No other sources were used
beyond those referenced in this EA.
NRC published this draft EA for public comment and will address
comments received in the final EA.
Conclusions
The NRC staff concludes that the proposed action complies with 10
CFR Part 20. NRC has prepared this EA in support of the proposal to
take no further action in regard to the KVWPCA
[[Page 56104]]
site. On the basis of the EA, NRC has concluded that the environmental
impacts from the proposed action are expected to be insignificant and
has determined that an environmental impact statement for the proposed
action is not necessary.
List of Preparers
Kenneth Kalman, Project Manager, Division of Waste Management and
Environmental Protection.
List of References
1. November 7, 2003. Letter from Kenneth Kalman to Robert Kossack,
``Nuclear Regulatory Commission Staff Intent to Conduct Dose
Assessment of the Kiski Valley Water Pollution Control Authority
Site.
2. Kenneth Kalman (2004). The Results of the Staff's Evaluation of
Potential Doses to the Public from Materials at the Kiski Valley
Water Pollution Control Authority site in Leechburg, Pennsylvania.
(SECY-04-0102). U.S. Nuclear Regulatory Commission, Office of
Nuclear Material Safety and Safeguards, June 22, 2004.
3. Chester Environmental (1994). Closure Plan for Incinerator Ash
Lagoon, Kiski Valley Water Pollution Control Authority, Westmoreland
County, Pennsylvania. Chester Environmental. Pittsburgh, PA, July
1994.
4. Chester Engineers (1997). Ash Lagoon Closure: Kiski Valley Water
Pollution Control Authority. Chester Engineers, Pittsburgh, PA.
February 1998. (ADAMS ML003683061).
5. Draft Environmental Impact Statement on Decommissioning of the
Babcock and Wilcox Shallow Land Disposal Area in Parks Township,
Pennsylvania (NUREG-1613). U.S. Nuclear Regulatory Commission,
Office of Nuclear Material Safety and Safeguards, August 1997.
6. Generic Environmental Impact Statement in Support of Rulemaking
on Radiological Criteria for License Termination of NRC-Licensed
Nuclear Facilities (NUREG-1496). U.S. Nuclear Regulatory Commission,
Office of Nuclear Regulatory Research, July 1997.
III. Further Information
Supporting documentation is available for inspection at NRC's
Public Electronic Reading Room at http://www.nrc.gov/reading-rm/ADAMS.html. A copy of the draft EA can be found at this site using the
ADAMS accession number ML042320320. Any questions should be referred to
Ken Kalman, Decommissioning Directorate, Division of Waste Management
and Environmental Protection, U.S. Nuclear Regulatory Commission,
Washington, DC 20555, Mailstop T7-F27, telephone (301) 415-6664, fax
(301) 415-5397.
Dated at Rockville Maryland this 13th day of September 2004.
For the U.S. Nuclear Regulatory Commission.
Daniel M. Gillen,
Deputy Director, Decommissioning Directorate, Division of Waste
Management and Environmental Protection, Office of Nuclear Material
Safety and Safeguards.
[FR Doc. 04-20989 Filed 9-16-04; 8:45 am]
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