[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]


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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