[Federal Register Volume 62, Number 142 (Thursday, July 24, 1997)]
[Notices]
[Pages 39878-39880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19489]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 040-7580]


Finding of No Significant Impact and Notice of Opportunity for a 
Hearing on Renewal of Source Material License SMB-911 for Fansteel, 
Inc. in Muskogee, Oklahoma

AGENCY: U.S. Nuclear Regulatory Commission.

ACTION: Finding of no significant impact and notice of opportunity for 
a hearing on renewal of source material license SMB-911 for Fansteel, 
Inc. in Muskogee, Oklahoma.

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    The U.S. Nuclear Regulatory Commission (NRC) is considering the 
renewal of Source Material License SMB-911 for the recovery of Work in 
Progress (WIP) pond residues at the Fansteel, Inc. (Fansteel) plant 
located in Muskogee, Oklahoma. The facility will process on-site pond 
residues to recover valuable metals and to reduce the volume of on-site 
radioactive materials. The staff has determined not to prepare an 
environmental impact statement for the proposed action, because the 
renewal will not have a significant effect on the quality of the human 
environment for reasons described in the Environmental Assessment (EA).

Summary of the Environmental Assessment

Background

    Fansteel has been licensed by the NRC to possess and use source 
materials at their Muskogee, Oklahoma plant since January 1967. 
Fansteel was authorized to process ore concentrates and tin slags in 
the production of refined tantalum products. Fansteel ceased operations 
in 1990, but on June 20, 1994, submitted a renewal application to 
reprocess WIP residues located on-site, which were generated as a 
result of the initial hydrofluoric acid digestion of the ore 
concentrates. The WIP process will isolate the radioactivity such that 
the bulk of the WIP material can be used commercially while minimizing 
the volume of material sent for radioactive waste disposal.
    Fansteel's current license expired in July 1994. However, because 
Fansteel submitted a renewal application on June 20, 1994, the existing 
license continues to be effective until the application for renewal has 
been finally determined by the staff in accordance with the timely 
renewal provision of 10 CFR 40.42(a)(1).
    On March 25, 1997, Fansteel was granted an amendment to their 
license to allow processing of the WIP residues. Renewal of the license 
was not completed at that time due to unresolved decommissioning 
issues. Specifically, Fansteel has proposed to dispose of contaminated 
soils in an on-site containment cell. An EA is currently under 
development by the NRC, which considers this disposal option. However, 
the NRC staff has determined that the issue of on-site disposal of 
contaminated soils will be resolved as a separate licensing action, 
and, therefore, the NRC staff is now considering renewal of the 
license.
    An EA dated June 17, 1996, was prepared to support the March 25, 
1997, WIP amendment and a FONSI was published in the Federal Register 
on June 24, 1996 (61 FR 32466). The scope of the EA included processing 
of the WIP material, associated waste treatment processes, as well as 
groundwater remediation. Because the scope of this EA includes all 
processes to be authorized in renewal of the Fansteel license, the 
FONSI for license renewal is based on the WIP amendment EA.
    Following issuance of the amendment authorizing WIP processing, 
Fansteel indicated that in conjunction with recovery of metal values 
from the WIP residues Fansteel also plans to recover fluorides from the 
waste treatment ponds. This activity, like on-site

[[Page 39879]]

disposal of contaminated soils, was not covered under the WIP amendment 
or the EA. Therefore, it will not be authorized with renewal of the 
Fansteel license and, instead, will be considered as a separate 
licensing action following renewal. When the issues of on-site disposal 
and fluoride recovery are considered under separate licensing actions, 
the environmental impacts from these operations will be considered in 
conjunction with impacts from all operations at the site.

Identification of the Proposed Action

    The proposed action is to renew Source Material License SMB-911 to 
allow Fansteel to retrieve and process WIP material from on-site ponds. 
Processing of the WIP material will recover tantalum, columbium 
(niobium), titanium, and scandium form the pond residues. This WIP 
material recovery will be achieved by a series of proprietary chemical 
processes to separate the remaining metals from the residues. Uranium 
and thorium will be separated from the other products as uranium and 
thorium hydroxides. Waste materials from this process contaminated with 
natural uranium and thorium will be packaged and stored for off-site 
disposal.
    The proposed action does not include recovery of fluoride from the 
calcium fluoride materials in the waste treatment ponds at the site or 
on-site disposal of contaminated soils. These activities will be 
considered as separate licensing actions following renewal.

The Need for the Proposed Action

    Renewal of the license is needed to allow Fansteel to process the 
WIP pond residues. The WIP process will isolate the radioactivity such 
that the bulk of the WIP material can be used commercially while 
minimizing the volume of material sent for radioactive waste disposal.

Environmental Impacts of the Proposed Action

    Operation of the WIP recovery process at the Fansteel facility will 
result in airborne, liquid and solid effluents. Airborne effluents will 
be controlled through the use of appropriate filters and wet scrubbers, 
as necessary. Liquid effluents including scrubber liquids, laboratory 
waste-waters, and chemical processing waste-waters, will be treated 
through a waste-water treatment system prior to discharge to the 
Arkansas River through a permitted National Discharge and Elimination 
System (NPDES) outfall. Solid wastes from the WIP process will be 
packaged and stored for disposal at a licensed off-site facility. 
Fansteel will monitor these effluent streams, as well as groundwater in 
25 wells, to assess impacts from the facility and demonstrate 
compliance with appropriate NRC regulations.
    In order to estimate human health impacts, a dose assessment was 
conducted as described in the EA. The total effective dose equivalent 
(TEDE) from inhalation of radionuclides emitted during WIP processing 
was estimated to be less than 0.01 mSv (1 mrem) per year to a 
hypothetical maximally exposed individual (MEI) located at the site 
boundary in the most frequent downwind direction. The TEDE to the MEI 
was also estimated for ingestion of water discharged to the Arkansas 
River, and was shown to be much less than 0.05 mSv (5 mrem) per year, 
due to the low concentration of radionuclides in the discharge as well 
as dilution in the river. These estimated doses are small fractions of 
the NRC limit specified in 10 CFR 20.1301 of 1.0 mSv (100 mrem) for 
members of the public.
    The EA also considered impacts on the surrounding environment from 
the WIP operation. The facility is not expected to have an adverse 
impact on surface water, groundwater, or soil quality. In fact, there 
is expected to be a potential benefit, since removal of source material 
in the ponds will reduce the potential for groundwater, surface water, 
and soil contamination in the future. In addition, Fansteel has 
committed to continue remediation of past groundwater contamination 
from a pond leak in 1989 under the provisions of the renewed license.
    Environmental impacts of the proposed action are described in 
greater detail in the EA dated June 17, 1996, and the associated FONSI 
published in the Federal Register on June 24, 1996 (61 FR 32466). The 
documents also include more detailed descriptions of Fansteel's 
effluent and environmental monitoring programs, as well as a discussion 
of possible doses and potential accidents resulting from operation of 
the Fansteel facility.

Agencies and Persons Consulted

    In preparation of the EA the Oklahoma Department of Environmental 
Quality, Hazards Management and Waste Services, Radiation Control 
Program, Water Quality Division was consulted.

Finding of no Significant Impact

    The NRC has prepared an EA related to the renewal of Source 
Material License SMB-911. On the basis of this assessment, NRC has 
concluded that environmental impacts that would be created by the 
proposed licensing action would not be significant and do not warrant 
the preparation of an Environmental Impact Statement. Accordingly, it 
has been determined that a finding of no significant impact is 
appropriate.
    The EA, the license renewal application, and other documents 
related to this proposed action are available for public inspection and 
copying at the Commission's public document room in NRC's Region IV 
office, Harris Tower, 611 Ryan Plaza Drive, Suite 400, Arlington, Texas 
76011-8064, and in NRC's headquarters public document room, Gelman 
Building, 2120 L St., NW., Washington, DC 20037.

Opportunity for a Hearing

    Based on the EA and accompanying safety evaluation, NRC is 
preparing to renew License SMB-911. The NRC hereby provides that this 
is a proceeding on an application for renewal of a license falling 
within the scope of Subpart L, ``Informal Hearing Procedures for 
Adjudication in Materials Licensing Proceedings,'' of NRC's rules and 
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(d). 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 
Secretary either:
    1. By delivery to the Docketing and Service Branch of the Secretary 
at One White Flint North, 11555 Rockville Pike, Rockville, MD 20852-
2738; or
    2. By mail or telegram addressed to the Secretary, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555. Attention: Docketing and 
Service 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 requester 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(h);
    3. The requester's areas of concern about the licensing activity 
that is the subject matter of the proceeding; and

[[Page 39880]]

    4. The circumstances establishing that the request for a hearing is 
timely in accordance with Sec. 2.1205(d).
    In accordance with 10 CFR Sec. 2.1205(f), each request for a 
hearing must also be served, by delivering it personally or by mail to:
    1. The applicant, Fansteel, Inc., Number Ten Tantalum Place, 
Muskogee, Oklahoma 74403-9296; Attention: John J. Hunter; 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, addressed to the Executive Director for Operations, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555.

    Dated at Rockville, Maryland, this 18th day of July 1997.

    For the Nuclear Regulatory Commission.
Michael F. Weber,
Chief, Licensing Branch, Division of Fuel Cycle Safety and Safeguards, 
NMSS.
[FR Doc. 97-19489 Filed 7-23-97; 8:45 am]
BILLING CODE 7590-01-P