[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]


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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.

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    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