[Federal Register Volume 62, Number 27 (Monday, February 10, 1997)]
[Notices]
[Pages 6014-6016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3177]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 040-08724]


Finding of No Significant Impact Related to Amendment of 
Materials License No. SUB-1357, Chemetron Corporation, Inc., Newburgh 
Heights, OH

    The U.S. Nuclear Regulatory Commission is considering issuing an 
amendment of Materials License No. SUB-1357, held by Chemetron 
Corporation, Inc., to authorize the remediation of the Bert Avenue site 
located on Bert Avenue in Newburgh Heights, Ohio.

Summary of Environmental Assessment

Background

    By the letter of March 24, 1994, Chemetron Corporation, Inc., 
(Chemetron) requested that NRC amend its license to authorize it to 
perform the remediation of the Harvard Avenue and Bert Avenue sites in 
accordance with its remediation plan entitled, ``Site Remediation Plan, 
Chemetron Remediation Project, Harvard and Bert Avenue Sites, Chemetron 
Corporation, Inc., Newburgh Heights, Ohio,'' Revision 1, dated February 
25, 1995 (Reference 1). This remediation plan also included Chemetron's 
plans for remediating buildings, adjacent to the Harvard Avenue site, 
owned by the McGean-Rohco, Inc., that are contaminated with radioactive 
material.
    Following the review of the portions of the Chemetron Final 
Remediation Plan for Harvard Avenue and Bert Avenue sites that 
addressed the McGean-Rohco building remediation, NRC staff published, 
in the Federal Register, on August 5, 1994, a Finding of No Significant 
Impact and an environmental assessment for the McGean-Rohco complex 
remediation (Reference 2). On August 9, 1994, NRC staff issued 
Amendment 4 to the Chemetron license authorizing Chemetron to conduct 
the McGean-Rohco building remediation. On August 9, 1994, NRC staff 
also issued a Safety Evaluation Report for the proposed remediation of 
the McGean-Rohco complex. On June 6, 1996, NRC staff published in the 
Federal Register a Finding of No Significant Impact and an 
environmental assessment for the Harvard Avenue site remediation 
(Reference 3). On June 7, 1996, NRC staff issued Amendment 5 to the 
Chemetron license authorizing Chemetron to remediate the Harvard Avenue 
site and a Safety Evaluation Report for the remediation.
    The environmental assessment for the Bert Avenue remediation is 
available for inspection and copying at the NRC Public Document Room, 
2120 L Street, N.W., Washington, DC, and at the Local Public Document 
Room at the Garfield Heights Branch Library, 5409 Turney Road, Garfield 
Heights, Ohio (Docket Number 040-08724).

Proposed Action

    In this action, Chemetron is proposing to utilize onsite disposal, 
under 10 CFR 20.2002, at the Bert Avenue facility, for wastes, from the 
remediation of the Bert Avenue site, with concentrations up to the 
Option 2 limit in the NRC's Branch Technical Position on ``Disposal or 
Onsite Storage of Thorium or Uranium Wastes from Past Operations'' 
(1981 BTP) (Reference 4). Wastes, that exceed the Option 2 
concentration limits in the 1981 BTP, will be shipped offsite, to a 
licensed low-level waste disposal site.

Need for Proposed Action

    The purpose of the proposed action is to decommission the Bert 
Avenue site, by removing depleted uranium contamination in soils and 
building rubble, so that the site can be released for unrestricted use. 
Remediating the site will allow Chemetron to release the site for 
unrestricted use and to remove the site from Chemetron's NRC license.

Environmental Assessment

    The NRC staff reviewed the levels of contamination, the proposed 
remediation methods, and the radiological and environmental controls 
that will be used during the remediation. These controls include worker 
dosimetry, the As Low As Is Reasonably Achievable (ALARA) program, air 
monitoring, routine surveys, a bioassay program for workers, and 
routine monitoring of both airborne and liquid effluent releases to 
meet 10 CFR part 20 radiation protection requirements. Worker and 
public doses will be limited so that exposures will not exceed 10 CFR 
part 20 requirements.
    Chemetron proposed to remediate the Bert Avenue site in accordance 
with ``Guidelines for Decontamination of Facilities and Equipment Prior 
to Release for Unrestricted Use or Termination of Licenses for 
Byproduct, Source, and Special Nuclear Materials,'' dated August 1987 
(Reference 5). They also proposed to dispose of depleted uranium wastes 
onsite in accordance with the 1981 BTP (Reference 4). Based on uranium 
solubility testing of the Bert Avenue wastes, the maximum depleted 
uranium concentration that is acceptable for disposal in the disposal 
cell is 5.98 Bq/gm (161 pCi/gm) total uranium.
    The staff also analyzed the radiological impacts to the public from 
the disposal of depleted uranium contaminated soils and building rubble 
in the proposed onsite disposal cell. Radiological impacts to members 
of the public may result from inhalation and ingestion of releases of 
radioactivity in air and in water during the remediation operations and 
direct exposure to radiation from radioactive materials at the site 
during remediation operations. The public may also be exposed to 
radiation as a result of the onsite disposals. Decommissioning workers 
may receive doses primarily by inhalation and direct exposure during 
the remediation activities. In addition to impacts from routine 
operations, the potential radiological consequences of accidents were 
considered.
    The licensee provided an estimate of the dose to the public from 
airborne effluents to be generated during the excavation activities 
associated with the decommissioning of Bert Avenue site. The maximum 
public dose from airborne effluents is 0.04 mSv (4 mrem) for the Bert 
Avenue site. The staff performed a conservative, independent analysis 
of the potential for public exposure from airborne effluents. The staff 
estimated the dose to the nearest resident during excavation of soil at 
the Chemetron Bert Avenue site to be approximately 0.24 mSv (24 mrem).
    The NRC staff performed dose assessments for the Bert Avenue 
disposal cell using the RESRAD computer code, Version 5.61 (Reference 
6) and the NEFTRAN II computer code (Reference 7). The RESRAD code 
calculates dose impacts assuming a resident-farmer scenario, where an 
individual would construct a residence, live there, grow food, and 
consume all drinking water from a conservatively located groundwater 
well. Over a 1000 year period, the peak radiation doses were calculated 
to be 0.28 mSv/yr (28 mrem/yr) at 1000 years after construction of the 
disposal cell. These predicted doses are less than NRC's limit of 1 
mSv/yr (100 mrem/yr) for radiation doses to the public in 10 CFR

[[Page 6015]]

Part 20. These doses reflect the worst case scenario with the proposed 
cover over the disposal cell assumed to have been removed.
    NRC staff computed groundwater doses for time periods after 1000 
years using the NEFTRAN II code. The peak groundwater dose at a 
hypothetical well 150 m (500 ft) rom the Bert Avenue site at a depth of 
about 8 m (25 ft) below the base of the disposal cell would be 0.22 
mSv/yr (22 mrem/yr) at 8000 years. The peak groundwater dose at a well 
1500 m (5000 ft) from the Bert Avenue site at a depth of 76 m (250 ft) 
below the base of the disposal cell would be 0.02 mSv/yr (2 mrem/yr) at 
65,000 years. The latter well location represents a realistic location 
for a groundwater well based on the regional geohydrological 
conditions. NRC staff also calculated groundwater doses assuming the 
groundwater table rises to the natural level of the filled-in ravine. 
The resulting dose is 1.0E-5 mSv/yr (0.001 mrem/yr) at 1000 years and 
2.0E-4 mSv/yr (0.02 mrem/yr) at 10,000 years. The above doses estimated 
for the public are substantially less than the 1 mSv/yr (100 mrem/yr) 
limit for exposures to the public in 10 CFR part 20.
    During the remediation of the contaminated materials, workers will 
receive doses from direct exposure and from the inhalation of dusts 
containing depleted uranium. From direct exposure, assuming the maximum 
measured background radiation levels at the Bert Avenue site of 0.4 
mSv/yr (40 mrem/yr) and a 2000 hr exposure, Chemetron computed the 
direct exposure dose to be 0.091 mSv (9.1 mrem). Chemetron computed the 
inhalation dose to be 0.12 mSv (12 mrem). The above doses are 
substantially below the 10 CFR part 20 limit of 0.05 Sv/yr (5 Rem/yr) 
for routine occupational exposure.
    Based on the above evaluations, radiation exposures of persons 
living or traveling near the site due to onsite operations will be well 
within limits contained in NRC regulations and will be small in 
comparison to natural background radiation. The licensee has a 
radiation protection program that will maintain radiation exposures and 
effluent releases within the limits of 10 CFR part 20 and should 
maintain exposures as low as is reasonably achievable.
    Chemetron and the NRC staff also evaluated the radiological impacts 
from hypothetical accidents. The licensee evaluated two worst case 
accident scenarios--a truck tipping over releasing its contents and a 
truck fire causing radioactivity to be dispersed into the air. The 
scenarios assumed the maximum total uranium concentration of 507 Bq/gm 
(13,700 pCi/gm) total uranium found at the Bert Avenue site in 
Chemetron's site characterization. Receptors 10 m (33 ft) away would 
receive a dose of 4.3E-4 mSv (4.3E-2 mrem) from the truck spill 
accident and 0.04 mSv (4 mrem) from the truck fire accident. These 
postulated accidents do not have the potential for onsite or offsite 
radiation doses that exceed the minimum Protective Action Guide level 
of 0.01 Sv (1 Rem), recommended by the U.S. Environmental Protection 
Agency (Reference 8), or above 10 CFR part 20 limit of 0.05 Sv (5 Rem/
yr) for routine occupational exposure.
    Chemetron estimated that 15,000 m3 of wastes exceeding the 
Option 2 limits in the 1981 BTP are expected at the Bert Avenue site. 
These wastes will be shipped offsite to a licensed low-level waste 
disposal site. Wastes will be packaged and shipped in containers or 
covered railcars or trucks in accordance with NRC and Department of 
Transportation requirements. Wastes will be disposed of in accordance 
with disposal site license requirements. Therefore, there are no 
significant impacts from the transportation or offsite disposal of 
radioactive materials.
    The NRC staff also considered nonradiological impacts and concluded 
that all such impacts are negligible.
    Chemetron has identified at the Bert Avenue site solid wastes, but 
no hazardous wastes, as defined under the Resource, Conservation, and 
Recovery Act (RCRA), that will need to be managed in accordance with 
the requirements of the Ohio Environmental Protection Agency (OEPA). 
Solid wastes have been considered in OEPA's approval of Chemetron's 
``Final Site Closure/Post-Closure Plan, Bert Avenue'' (Reference 9). If 
hazardous wastes are encountered, these wastes will be managed in 
accordance with OEPA requirements. Any impacts for handling RCRA solid 
and hazardous wastes, if identified, are expected to be small.
    Based on the very low minority populations in Newburgh Heights, 
Ohio, and Cuyahoga Heights, Ohio, and income statistics that show no 
significant low-income populations compared with those in Cuyahoga 
County and in the State of Ohio, there will be no significant impacts 
to minorities and low-income households from the proposed activities in 
Newburgh Heights and Cuyahoga Heights.

Conclusions

    The proposed remediation of the Bert Avenue site will enable 
Chemetron to release the site for unrestricted use. On the basis of the 
NRC staff's evaluation of Chemetron's proposed remediation approach for 
the Bert Avenue site, and analysis of the environmental impacts of the 
proposed action, the staff concludes that the proposed remediation 
activities will not result in any significant environmental or 
radiological impact.

Alternatives to the Proposed Action

    Alternatives analyzed in the EA included (1) leaving the depleted 
uranium in place; (2) delayed remediation; (3) disposal of contaminated 
material at an offsite low-level radioactive waste disposal site; (4) 
waste processing to reduce the volume of waste to be disposed at an 
offsite low-level waste disposal site; and (5) onsite disposal.
    Leaving the depleted uranium in place would result in the necessity 
of maintaining radiological controls and training requirements. Without 
remediation of the contamination, the site could not be released for 
unrestricted use.
    Delaying remediation would result in higher costs for site controls 
and higher future costs for remediation. Because of the long half-life 
of uranium, there will be no significant decay.
    Disposing of wastes at an offsite low-level waste disposal site 
would cost between $15,000,000 and $20,000,000. An additional 
$2,300,000 is estimated to be required to close the site to meet OEPA 
solid waste requirements. No significant radiological nor non-
radiological impacts would be expected in this alternative.
    Treating contaminated soils and rubble to remove depleted uranium 
and reduce the volume of wastes required to be disposed at an offsite 
low-level radioactive waste disposal facility is estimated to cost 
between $9,000,000 and $12,000,000. An additional $2,300,000 is 
estimated to be required to close the site to meet OEPA solid waste 
requirements. No significant radiological nor non-radiological impacts 
would be expected in this alternative.
    Onsite disposal as proposed by the licensee would cost 
approximately $5,300,000 and would address OEPA solid waste issues. No 
significant radiological nor non-radiological impacts would be expected 
in this alternative.
    The NRC staff concludes that there are no reasonably available 
alternatives to the licensee's proposed plan that are obviously 
superior.

[[Page 6016]]

Alternative Use of Resources

    The activities leading to the proposed action would result in the 
irreversible use of energy resources in the conduct of the proposed 
Bert Avenue remediation. There are no reasonable alternatives to these 
resource uses, and the proposed activities do not involve any 
unresolved conflicts concerning uses of available resources.

Agencies and Persons Consulted, and Sources Used

    The environmental assessment on which the finding of no significant 
impact is based was prepared by NRC staff in the Office of Nuclear 
Material Safety and Safeguards, Rockville, MD, and Region III, Lisle, 
IL. During the review of Chemetron's Final Site Remediation Plan, NRC 
requested comments from the Ohio Department of Health (ODH), OEPA, and 
the Cuyahoga County Board of Health (CCBH).
    NRC received formal comments from ODH and CCBH, and informal 
comments from OEPA. The principal comments received from ODH and OEPA 
were that NRC should require post-closure controls and monitoring, for 
the radiologic components in the waste, after completion of the onsite 
disposal cells. These controls would be consistent with the post-
closure controls required by OEPA for solid waste landfills. NRC staff 
indicated that under the conditions of onsite disposal under the Option 
2 limits of the 1981 BTP (Reference 4) the Bert Avenue site could be 
released for unrestricted use, and doses to hypothetical intruders who 
might construct homes and consume groundwater and foodstuffs grown in 
the wastes would be acceptable. Chemetron has agreed to perform 
analyses for gross alpha, gross beta, and total uranium in the 
groundwater sampling program to be conducted as part of OEPA post-
closure monitoring program.
    The principal comments made by CCBH were technical comments related 
to the design of the proposed Bert Avenue disposal cell.
    A draft environmental assessment was provided to ODH, OEPA, CCBH, 
and the Mayor of Newburgh Heights for comment. Other than ODH, there 
were no comments received. The ODH staff indicated that the State of 
Ohio does not wish to have a number of small low-level waste sites 
across the site, and they suggested that environmental monitoring be 
required when the project is completed. Chemetron has agreed to perform 
analyses for gross alpha, gross beta, and total uranium in the 
groundwater sampling program to be conducted as part of OEPA post-
closure monitoring program.
    No other sources of information were used beyond those which are 
referenced in the report.

Finding of No Significant Impact

    The NRC staff has prepared an EA evaluating the environmental 
impacts related to the license amendment requested from Chemetron 
Corporation, Inc., to authorize the remediation of the Bert Avenue site 
in accordance with their remediation plan. The EA examines the 
radiological impacts associated with these proposed activities. As 
indicated above, the EA did not identify any significant environmental 
impact associated with these proposed licensed amendment actions. The 
NRC staff concluded that a Finding of No Significant Impact (FONSI) is 
justified and appropriate.

Opportunity for a Hearing

    On April 11, 1994, the NRC published in the Federal Register a 
notice of Consideration of Amendment to Chemetron Corporation License 
and Opportunity for Hearing. In response to that notice, the Earth Day 
Coalition submitted a petition for hearing. On July 7, 1994, the 
Presiding Officer granted a three week period for Earth Day Coalition 
to supplement a deficient hearing request. The Coalition's petition 
failed to demonstrate the NRC's standing requirements were met and that 
its concerns were germane to the subject matter of the proceeding. 
Because the Coalition did not file the supplemental information, on 
September 1, 1994, the Presiding Officer dismissed the proceeding.

References

    1. Chemetron Corporation, ``Site Remediation Plan, Chemetron 
Remediation Project, Harvard Avenue and Bert Avenue Sites,'' Revision 
1, February 28, 1995.
    2. Nuclear Regulatory Commission, Environmental Assessment Finding 
of No Significant Impact Related to Amendment of Materials License No. 
SUB-1357, Chemetron Corporation, Inc., Cuyahoga Heights, OH, Federal 
Register, Vol. 59, No. 150, August 5, 1994, p. 40057.
    3. Nuclear Regulatory Commission, Environmental Assessment Finding 
of No Significant Impact Related to Amendment of Materials License No. 
SUB-1357, Chemetron Corporation, Inc., Cuyahoga Heights, OH, Federal 
Register, Vol. 61, No. 110, June 6, 1996, p. 28906.
    4. U.S. Nuclear Regulatory Commission, Branch Technical Position, 
``Disposal or Onsite Storage of Thorium or Uranium Wastes from Past 
Operations,'' Federal Register, Vol 46, No. 205, October 23, 1981, p. 
52061.
    5. U.S. Nuclear Regulatory Commission, ``Guidelines for 
Decontamination of Facilities and Equipment Prior to Release for 
Unrestricted Use or Termination of License for Byproduct, Source or 
Special Nuclear Material,'' August 1987.
    6. Argonne National Laboratory, ``Manual for Implementing Residual 
Radioactive Material Guidelines Using RESRAD, Version 5.0,'' ANL/EAD/
LD-2, September 1993.
    7. Olague, N.E., ``User's Manual for the NEFTRAN II Computer 
Code,'' NUREG/CR-5618, Sandia National Laboratories, February 1991.
    8. U.S. Environmental Protection Agency, ``Manual of Protective 
Action Guides and Protective Actions for Nuclear Incidents,'' EPA 400-
R-92-001, Revised 1991.
    9. Chemetron Corporation, ``Final Site Closure/Post-Closure Plan, 
Bert Avenue,'' December 5, 1994.

    Dated at Rockville, Maryland, this 4th day of February 1997.

    For the Nuclear Regulatory Commission.
John W.N. Hickey,
Chief, Low-Level Waste and Decommissioning Projects Branch, Division of 
Waste Management, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 97-3177 Filed 2-7-97; 8:45 am]
BILLING CODE 7590-01-P