[Federal Register Volume 61, Number 140 (Friday, July 19, 1996)] [Notices] [Pages 37772-37774] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-18372] ======================================================================= ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [Docket No. 040-0017] DOW Chemical Company; Environmental Statement AGENCY: Nuclear Regulatory Commission. ACTION: Notice of Environmental Assessment, Finding of No Significant [[Page 37773]] Impact, and Opportunity for Hearing Related to Amendment of Materials License No. STB-527 for the Dow Chemical Company, Midland, Michigan. ----------------------------------------------------------------------- The U.S. Nuclear Regulatory Commission is considering a license amendment request, submitted by The Dow Chemical Company (Dow). The proposed action is the removal of thorium contaminated slag storage piles at Dow's Midland and Bay City, Michigan, plant sites, and the disposal of the thorium-contaminated material at the Envirocare of Utah, Inc. (Envirocare) low-level radioactive waste disposal facility. Summary of the Environmental Assessment Dow submitted its current plans for the removal of its thorium material by letters dated October 12, 1995; December 6, 1995; March 11, 1996; and May 24, 1996. Dow will start the removal project by excavating and transporting, by truck, the contaminated material from the Midland facility to the Bay City facility. The thorium-contaminated material from both facilities will then be transported by rail for burial at the Envirocare facility. The proposed action is necessary so that Dow can permanently remove and dispose of the large volume of thorium-contaminated material stored at the Midland and Bay City sites. These actions will facilitate both remediation of the current storage areas for release for unrestricted use and the termination of Dow's license. Based on NRC staff's evaluation of Dow's removal plan, it was determined that the proposal complies with NRC's public and occupational dose and effluent limits, and that authorizing the license amendment would not be a major Federal action significantly affecting the quality of the human environment. The NRC staff concludes that a finding of no significant impact is justified and appropriate and that an environmental impact statement is not required. The staff-identified alternatives for the disposal of Dow's thorium-contaminated waste material are: (1) No action; (2) excavation and disposal of the material at the Barnwell, South Carolina, low-level radioactive waste disposal facility; and (3) excavation and reclamation of the thorium in the waste material by chemical extraction or soil washing. In addition, the licensee had previously identified disposal in a hazardous waste design cell at Dow's Salzburg Landfill as a possible alternative. Both licensed disposal sites eligible to receive Dow's waste (Envirocare and Barnwell) are regulated under rules for land disposal of radioactive wastes, which provide for long-term institutional control and minimize the potential for human intrusion. However, the Barnwell alternative would be considerably more expensive, with very little, if any, reduction of dose to the public. Likewise, the Salzburg Landfill would not be cost effective even if sufficient institutional controls were placed on the site. The chemical extraction/soil washing alternative does not guarantee success, and may produce more and different kinds of waste than exist now. The no-action alternative runs counter to the goals of 10 CFR Part 40 and protecting public health and safety and the environment. The staff believes that disposing of Dow's thorium wastes at the Envirocare facility will not cause any significant impacts on the human environment and is acceptable. The conditions and restrictions placed on the Envirocare facility, combined with the facility design provisions and its location, provide the optimum level of protection of human health and safety and the environment among the various alternatives for disposal of this waste. Finding of No Significant Impact Based on the findings in the environmental assessment the NRC staff has determined that, under the National Environmental Policy Act of 1969, as amended, and NRC's regulations in 10 CFR Part 51, authorizing this license amendment would not be a major Federal action significantly affecting the quality of the human environment, and therefore an environmental impact statement is not required. The NRC staff concludes that a finding of no significant impact is justified and appropriate. The staff believes that disposing of Dow's thorium wastes at the Envirocare facility will not cause any significant impacts on the human environment and is acceptable. The conditions and restrictions placed on the Envirocare facility, combined with the facility design provisions and its location, provide the optimum level of protection of human health and safety and the environment among the various alternatives for disposal of this waste. Further Information For additional information with respect to the proposed action, see the licensee's request for license amendment dated October 12, 1995, and supplementary information, the safety evaluation report, and the environmental assessment which are available for inspection at the NRC's Public Document Room, 2120 L Street NW., Washington, DC. For further information contact Jack D. Parrott, Division of Waste Management, USNRC, Mailstop T-8F37, Washington, DC 20555-0001, Telephone: (301) 415-6700. Opportunity for a Hearing The NRC hereby provides notice that this is a proceeding on an application for a license amendment falling within the scope of Subpart L, Informal Hearing Procedures for Adjudications in Materials Licensing Proceedings, of the NRC's rules of practice for domestic licensing proceedings in 10 CFR Part 2. Pursuant to Sec. 2.1205(a), any person whose interest may be affected by this proceeding may file a request for a hearing in accordance with Sec. 2.1205(c). A request for a hearing must be filed within thirty (30) days of the date of publication of this Federal Register notice. The request for a hearing must be filed with the Office of the Secretary either: 1. By hand delivery to: Docketing and Service Branch, Office of the Secretary, 11555 Rockville Pike, Rockville, MD 20852, between 7:45 a.m. and 4:15 p.m. Federal workdays; or 2. By mail or telegram to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Docketing and Services Branch. In addition to meeting other applicable requirements of 10 CFR Part 2 of the NRC's regulations, a request for a hearing filed by a person other than an applicant must describe in detail: 1. The interest of the requestor in the proceeding; 2. How that interest may be affected by the results of the proceeding, including the reasons why the requestor should be permitted a hearing, with particular reference to the factors set out in Sec. 2.1205(g); 3. The requestor's areas of concern about the licensing activity that is the subject matter of the proceeding; and 4. The circumstances establishing that the request for a hearing is timely in accordance with Sec. 2.1205(c). Each request for a hearing must also be served, by delivering it personally or by mail to: 1. The applicant, The Dow Chemical Company, Attention: Mr. Larry Giebelhaus, Project Manager, 1261 Building, Midland, MI 48667; and 2. The NRC staff, by delivery to the Executive Director for Operations, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852, or by mail [[Page 37774]] addressed to the Executive Director for Operations, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Dated at Rockville, Maryland, this 11th day of July, 1996. For the Nuclear Regulatory Commission. Michael F. Weber, Chief, Low-Level Waste and Decommissioning Projects Branch, Division of Waste Management, Office of Nuclear Material Safety and Safeguards. [FR Doc. 96-18372 Filed 7-18-96; 8:45 am] BILLING CODE 7590-01-P