[Federal Register Volume 62, Number 127 (Wednesday, July 2, 1997)] [Notices] [Pages 35844-35846] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-17296] ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [Docket No. 070-00364; License No. SNM-414] Finding of No Significant Impact Related to Amendment of Materials (Babcock and Wilcox, Nuclear Environmental Services, Inc.), Parks Township, PA The U.S. Nuclear Regulatory Commission is considering issuing an amendment to Materials License No. SNM-414, held by Babcock and Wilcox, Nuclear Environmental Services, Inc. (B&W or the licensee), to authorize the decommissioning of B&W's operating facility in Parks Township, PA. Summary of Environmental Assessment Background B&W is the current holder of NRC Radioactive Materials License No. SNM-414 for the operational facility located in Parks Township, PA (Parks Facilities). It authorizes B&W to use byproduct material and plutonium and uranium isotopes in decontamination, packaging, storage, and shipment activities for residual contamination and waste resulting from the former Special Nuclear Material processing operations at B&W's Parks Facilities and for use in service activities involving the receipt, storage, decontamination, refurbishment, and transfer of parts and equipment contaminated with byproduct material. By letter dated January 26, 1996, B&W informed the NRC staff that it intended to decommission the Parks Facilities. On October 10, 1996, the NRC published a notice in the Federal Register summarizing B&W's intention to decommission the Parks Facilities and offering interested individuals with an opportunity to request a hearing on the staff's action (61 FR 53240). The staff did not receive any requests for a hearing from interested members of the public in response to the Federal Register Notice. On October 24, 1995, activities associated with the adjacent Shallow [[Page 35845]] Land Disposal Area were incorporated into NRC License No. SNM-2001. Activities and property at the adjacent Shallow Land Disposal Area were not included in the NRC staff's review of the decommissioning plan for the Parks Facilities. Proposed Action The objective of the decommissioning project is to decontaminate and decommission the Parks Facilities to permit release for unrestricted use and termination of NRC License No. SNM-414. To accomplish this goal B&W will perform the following decommissioning activities:Remove building slabs, basements, and sub-surface utilities and structures; Excavate soil from under buildings and other locations on the site; Ship excavated soil which exceeds unrestricted use limits to a licensed low-level radioactive waste disposal facility; Survey and backfill excavations; Perform a radiological survey of the site; and Conduct a post-remediation groundwater monitoring program. Need for Proposed Action The proposed action is necessary to allow B&W to remove radioactive material, attributable to licensed operations at the site, to levels that permit unrestricted use of the site and termination of NRC License No. SNM-414. Alternatives to the Proposed Action and Impacts Allowing the licensee to leave the facility in its current radiological condition (i.e., ``No action'') would constitute a violation of NRC's regulations at 10 CFR 70.38(d)1-4, which require that licensees begin decommissioning of their facility at the cessation of licensed operations. Further, the no action alternative would result in: (1) Perpetual care of the site in its current condition to prevent public access and exposure to the radiological contamination, thereby foreclosing productive uses of the site; and (2) possible off site exposure resulting from migration of the radiological contamination. In addition, allowing the licensee to leave the facility in its current radiological condition would require that NRC grant a request to extend the time period for decommissioning in NRC's regulations pursuant to 10 CFR 70.38(e), if NRC determines that the extension is not detrimental to the public health and safety and is otherwise in the public interest. In order for a licensee's request for an extension to be considered, the licensee must submit the request to NRC not later than 30 days before notification is required (i.e., not later than 30 days after the facility reverts from ``active'' to ``decommissioning'' status). A request for an extension or alternative schedule for decommissioning may be approved, if warranted, after considering the following: 1. Whether it is technically feasible to complete the decommissioning within the 24-month period; 2. Whether sufficient waste disposal capacity is available to allow the completion of the decommissioning within the 24-month period; 3. Whether a significant volume reduction in waste requiring disposal will be achieved by allowing short-lived radionuclides to decay; 4. Whether a significant reduction in radiation exposure to workers can be achieved by allowing short-lived radionuclides to decay; and 5. Other site-specific factors, such as the regulatory requirements of other agencies, lawsuits, groundwater-water treatment activities, monitored natural groundwater restoration, actions that could result in more environmental harm then deferred cleanup, and other factors beyond the control of the licensee. The NRC staff has reviewed the decommissioning plan for the facility and has determined that none of these factors is applicable to the decommissioning of the licensee's facility. In addition, approval of the request must also be in the ``public interest.'' NRC has determined that it is normally in the public's interest to have radiologically contaminated areas remediated shortly following permanent cessation of operations. NRC has stated, ``When decommissioning is delayed for long periods following cessation of operations, there is a risk that safety practices may become lax as key personnel relocate and management interest wanes. In addition, bankruptcy, corporate takeover, or other unforeseen changes in company's financial status may complicate and perhaps further delay decommissioning.'' (59 FR 36027). In addition, waste disposal costs have, in the past, increased at rates significantly exceeding the rate of inflation and, as such, delaying remediation will result in higher costs to the public, if the government eventually assumes responsibility for the decommissioning. Therefore, in evaluating a licensee's request for an extension, NRC staff should consider whether the licensee has adequately addressed how postponing decommissioning would be in the public's interest. For the reasons summarized above the NRC staff has determined that postponing the decommissioning of the Parks Facilities is not in the public's interest. An alternative considered by the licensee was to install a crushing plant on site, demolish the building and process the building rubble through the crushing plant. According to the licensee, this alternative was similar to an operation successfully performed during the decommissioning of its Apollo, PA site under NRC License No. SNM-145. The crushed rubble would be sampled as it came out of the plant. Any material that exceeded the current release criteria would be shipped to a licensed low-level radioactive waste disposal facility. Material below the release criteria would remain on site and be used as fill material after soil exceeding the release criteria had been removed and shipped for disposal. The licensee abandoned this alternative for several reasons. The crushed rubble remaining on the site may have increased the radiological dose to members of the public, the cost of this alternative far exceeds the cost of the proposed action, and the overall decommissioning schedule would have been impacted. Given these considerations, NRC staff has not further evaluated this alternative. Finding of No Significant Impact The NRC staff has prepared an Environmental Assessment summarizing the results of the NRC staff's review of the licensee's final decommissioning plan. Based on the NRC staff's evaluation of B&W's final decommissioning plan, it was determined that the proposed decommissioning can be carried out in a manner that is in compliance with NRC's public and occupational dose limits, effluent release limits, and residual radioactive material limits. As a result, the approval of the proposed action (i.e., decommissioning of the Parks Facilities in accordance with the commitments in NRC License No. SNM- 414 and the final decommissioning plan) will not have a significant effect on the quality of the human environment. Based on this assessment, the Commission has determined not to prepare an environmental impact statement for the proposed action. Further Information The Environmental Assessment and other documents related to this proposed action are available for public [[Page 35846]] inspection and copying at the Commission's Public Document Room, located at 2120 L Street NW., Washington DC. 20555 and NRC's Local Public Document Room located at the Apollo Memorial Library, 219 North Pennsylvania Avenue, Apollo, PA 15613. For further information, contact Dominick Orlando, US NRC, Mailstop T-8F37, Washington, DC 20555-001, telephone (301) 415-6947. Dated at Rockville, Maryland, this 24th day of June, 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. 97-17296 Filed 7-1-97; 8:45 am] BILLING CODE 7590-01-P