[Federal Register Volume 64, Number 62 (Thursday, April 1, 1999)]
[Notices]
[Pages 15831-15834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8028]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 70-3073; License No. SNM-1999]


Kerr-McGee Corporation--Environmental Assessment, Finding of No 
Significant Impact, and Notice of Opportunity for Hearing--Release of 
Portion of Cushing Refinery Site for Unrestricted Use

    The U.S. Nuclear Regulatory Commission (NRC) is considering the 
Kerr-McGee Corporation's (Kerr-McGee or the licensee) request to have 
property released, for unrestricted use, from the Cushing Refinery Site 
(Cushing) License SNM-1999. This action is taken in response to Kerr-
McGee's license amendment requests, dated August 30, 1996, and October 
24, 1996, to release the four unaffected areas and the haul road 
corridor area for unrestricted use and to remove the areas from the 
license. These earlier requests were revised by the licensee's letter 
dated November 6, 1998. In that letter, the licensee requested that 
only Unaffected Area 1, the portion of Unaffected Area 2 south of Skull 
Creek, Unaffected Area 3, Unaffected area 4, and the portion of the 
haul road corridor area south of Skull Creek and partially surrounded 
by Unaffected Areas 2, 3, and 4 (hereafter referred to as requested 
released areas (RRA)) be released for unrestricted use. The boundaries 
of the licensed areas excluding the RRA are shown in Figure 1, 
``Cushing Site Map Showing Licensed Site Area,'' of the November 6, 
1998, letter.

Introduction

    On April 6, 1993, NRC issued Materials License SNM-1999 authorizing 
possession of contaminated soil, sludge, sediment, trash, building 
rubble, and any other contaminated material, at the licensee's Cushing 
site. The site contains four large areas, designated as the four 
unaffected areas, that were used for oil refining and storage during 
the years that nuclear processing and disposal took place. The haul 
road corridor area is located on portions of the site that were used 
for petroleum refining during the years that nuclear material 
processing was

[[Page 15832]]

performed. The haul roads located within the haul road corridor area 
are intended for transporting waste material during site remediation.
    The licensee initially requested that the four unaffected areas and 
the haul road corridor be removed from the license and released for 
unrestricted use. The licensee revised its earlier requests to limit 
the areas to be removed from the license and released for unrestricted 
use to the RRA.

Proposed Action

    The proposed action is the release for unrestricted use, and the 
removal from License SNM-1999, the RRA. The proposed boundary of the 
licensed areas excluding the RRA is shown in the licensee's letter 
dated November 6, 1998, Figure 1, ``Cushing Site Map Showing Licensed 
Site Area.''

The Need for Proposed Action

    The licensee seeks to release property that is currently under 
license for unrestricted use. This action is requested to remove the 
current limitations on the future use of the property.

Alternatives to Proposed Action

    The only alternative to the proposed action is to not release this 
area for unrestricted use and keep the area under license until all 
site radiological remediation is completed and the Cushing license is 
terminated. The environmental benefit of maintaining an NRC license for 
this portion of the Cushing Refinery Site is negligible, but would 
reduce options for future use of the property.

Environmental Justice

    There are no environmental justice issues associated with this 
proposed action.

Environmental Impact of Proposed Action

    An unaffected area, as defined in NUREG/CR-5849, ``Manual for 
Conducting Radiological Surveys in Support of License Termination,'' is 
an area not expected to contain residual radioactivity from licensed 
operations. The unrestricted use guidelines for enriched uranium and 
natural thorium are the Option 1 values in the 1981 Branch Technical 
Position on ``Disposal or Onsite Storage of Thorium or Uranium Wastes 
From Past Operations'' (46 FR 52061). The Option 1 guidelines are 30 
picoCuries per gram (pCi/g) for enriched uranium and 10 pCi/g for 
natural thorium.
    The licensee performed final status surveys in the four unaffected 
areas and submitted the results to NRC in the ``Final Radiation Survey 
of Four Unaffected Areas of the Cushing Refinery Site,'' dated April 
17, 1995. Gamma radiation scans, gamma exposure rate measurements, soil 
radioactivity concentration measurements, and surface radioactivity 
survey were performed in each of the four unaffected areas. As a result 
of the surveys and analysis, one area of about one meter in diameter on 
the surface of the ground was found to be contaminated with Th-232. 
This spot was designated as a radioactive materials area and was 
removed from the areas that the licensee considered part of the four 
unaffected areas. The licensee's survey report provided data that 
indicated that the four unaffected areas meet NRC's guidelines for 
unrestricted use.
    The licensee performed final status surveys in the haul road 
corridor area and submitted the results to NRC in the ``Final Radiation 
Survey of Haul Road Corridor,'' dated May 30, 1996. The results of the 
exposure rate surveys of the haul road corridor area indicated that no 
location was more than 10 micoRoentgen per hour (R/hr) above 
background. Gamma scans located areas of elevated activity. Biased soil 
samples were collected from these areas and analyzed using gamma 
spectroscopy. As a result of the analysis, two areas were designated as 
radioactive materials areas and were removed from the areas that the 
licensee considered part of the haul road corridor area. This licensee 
survey report provided data that indicated that the haul road corridor 
area meets NRC's guidelines for unrestricted use.
    At the request of NRC, its contractor, the Oak Ridge Institute for 
Science and Education (ORISE), performed a confirmatory survey of the 
four unaffected areas during the period of September 11 through 13, 
1995, and a confirmatory survey of the haul road corridor area during 
the period of August 26 through 29, 1996. The results of the ORISE 
confirmatory surveys were provided to NRC in ``Confirmatory Survey for 
the Four Unaffected Areas of the Cushing Refinery Site,'' dated May 
1996, and ``Confirmatory Survey for the Haul Road Corridor at the 
Oklahoma Refinery Site,'' dated December 1996.
    For both the four unaffected areas and the haul road corridor area, 
ORISE performed scan surveys of 50 to 100 percent of the surface area 
of each selected survey unit. ORISE also performed exposure rate 
measurements for at least five systematic locations within each survey 
unit. In addition, ORISE collected 20 soil samples from the four 
unaffected areas, and collected more than 60 surface soil samples and 
three subsurface soil samples from the haul road corridor area.
    Concentrations of radionuclides in the soil samples from the four 
unaffected areas survey units are as follows: less than 0.1 to 0.5 pCi/
g for U-235; 0.3 to 3.0 pCi/g for U-238; 0.6 to 9.0 pCi/g for Th-228; 
and less than 0.8 to 10.0 pCi/g for Th-232. One small area of thorium, 
in excess of the guidelines (9.0 pCi/g of Th-228 and 10.0 pCi/g of Th-
232), is in unaffected area number 2. This area of elevated thorium 
levels, surveyed by ORISE, is the same area that the licensee 
designated as a radioactive materials area (about 400 m2) 
after it performed its final radiation survey. Thus, this small 
radioactive materials area is not part of the licensee's request for 
unrestricted release. Of the areas that ORISE surveyed that were part 
of the licensee's request for unrestricted release, the concentrations 
of radionuclides in the soil samples are as follows: 0.6 to 3.8 pCi/g 
for Th-228; and less than 0.8 to 3.0 pCi/g for Th-232. The soil samples 
are within the Option 1 soil guideline for enriched uranium and natural 
thorium. Further, the portion of the haul road corridor that is being 
considered for release from the license would service only equipment 
transportation, at most, Option 1 material.
    Concentrations of radionuclides in the soil samples from the haul 
road corridor area survey units are as follows: less than 0.8 pCi/g for 
U-235; less than 2.9 pCi/g for U-238; 0.5 to 2.9 pCi/g for Th-228; and 
less than 0.4 to 2.8 pCi/g for Th-232. For comparison purposes, 
radionuclide concentrations in background soil samples are as follows: 
less than 0.1 pCi/g for U-235; 1.0 to 1.6 pCi/g for U-238; 0.5 to 1.0 
pCi/g for Th-228; and 0.6 to 0.9 pCi/g for Th-232. The soil samples 
yielded results indicating only background or slightly above background 
concentrations of uranium and thorium. The soil samples are within the 
Option 1 soil guideline for enriched uranium and natural thorium.
    NRC considered the potential for contamination of areas within the 
haul road corridor once NRC authorized the licensee to conduct 
activities within the haul road corridor without implementation of the 
Cushing Radiation Safety procedures related to training.1 
The staff agreed with the licensee that the Cushing Radiation Safety 
Program which requires all material and equipment be surveyed before 
leaving a ``radioactive materials area'' would provide reasonable 
assurance that the haul road corridor

[[Page 15833]]

area would not become contaminated as a result of decommissioning 
activity.2
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    \1\ Letter to Stuart [sic] Brown, NRC, from Jeff Lux, Kerr McGee 
Corporation, dated August 30, 1996.
    \2\ Letter to Jeff Lux, Kerr McGee Corporation, from Stewart 
Brown, NRC, dated October 22, 1996.
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    Groundwater under the Cushing site can be found in one of three 
water-bearing zones. The water-bearing zones are the shallow water-
bearing zone (unconsolidated soil and the upper portion of the Vanoss 
Group), the lower portion of the Vanoss Group, and Vamoosa-Ada aquifer. 
The Vamoosa-Ada aquifer is the regional groundwater aquifer. The 
licensee notes that it appears that there is not a significant 
groundwater flow between the shallow water-bearing zone and the lower 
portion of the Vanoss Group. Further, the licensee notes that the 
Vamoosa-Ada aquifer is isolated from the uppermost water-bearing zone 
by low-permeability strata within the Vanoss. Thus, the Vamoosa-Ada 
aquifer is unaffected by surface activities. The licensee based this 
finding on an evaluation of environmental tritium.
    The State of Oklahoma, Department of Environmental Quality (DEQ) 
3 found the following: (1) The shallow groundwater unit 
yields low quantities of poor quality water; (2) it is highly unlikely 
that future residential or commercial drinking water wells will be 
established from the shallow groundwater at this site; and (3) no known 
drinking water wells are screened in the Vanoss within a one-mile 
radius of the site. Further, DEQ stated that the Vanoss should not be 
considered a viable drinking water source for the area and that DEQ 
would consider water quality standards other than maximum contamination 
levels as set by the U.S. Environmental Protection Agency (EPA) as 
appropriate for the shallow groundwater at this site. Further, based on 
EPA's guidance 4 the Vanoss groundwater would be classified 
as a Class III--Groundwater Not a Potential Source of Drinking Water 
and of Limited Beneficial Use.
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    \3\ Letter to Jeff Lux, Kerr McGee Corporation, from Darrell 
Shults, DEQ, dated September 19, 1997.
    \4\ ``Guidelines for Ground-Water Classification Under the EPA 
Ground-Water Protection Strategy,'' Final Draft, dated November 
1986, Office of Water, EPA.
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    The staff has reviewed the site potentiometeric surface map of the 
upper zone 5 and found that all portions of the RRA are up-
gradient of any known significant sources of contamination. 
Accordingly, it is very unlikely that the groundwater in these areas 
could have been contaminated. The assumption is supported by the 
results of the licensee's groundwater monitoring of several wells 
located either in the four unaffected areas or just down-gradient of 
these areas. The licensee provided these sampling results in its letter 
dated November 6, 1998. Based on its review of that data, the staff 
found no indication of groundwater contamination.
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    \5\ Figure 2.5, ``Potentiometeric Surface Map of the Upper 
Zone,'' Kerr-McGee Corporation's Site Decommissioning Plan Cushing, 
Oklahoma, dated August 1998.
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    The Other Industrial Waste (OIW) disposal cell is located within 
the RRA. Material from the remediation of Waste Acid Sludge Pit 4 (Pit 
4) that meets NRC's Option 1 criteria for unrestricted release will be 
disposed of in the OIW. NRC reviewed this disposal activity as part of 
its review of the Pit 4 remediation plan. On September 3, 1998, NRC 
approved the Pit 4 remediation plan, License Amendment No. 8.
    Finally, a ditch in site grid blocks 132, 133, and 140 was filled 
with rubble from refinery demolition. Also, placed into this ditch were 
concrete blocks from the thorium processing building slab. The licensee 
in its letter dated November 13, 1998, provided the final survey data 
of these concrete slab blocks. Based on its review of these data NRC 
found that the concrete slab blocks met NRC's criteria for unrestricted 
release.6
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    \6\ 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,'' dated August 1987.
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    ORISE's confirmatory survey results support the licensee's position 
that the four unaffected areas and the haul road corridor area meet 
NRC's unrestricted use criteria. Further, the licensee's groundwater 
monitoring sampling program results demonstrate that the groundwater 
under the RRA is not contaminated. Therefore, NRC finds that because 
the NRC's unrestricted release criteria have been met for these areas, 
there is no significant impact on the environment, and this portion of 
the property can be released for unrestricted use.

Other Agencies or Persons Consulted

    This environmental assessment was prepared entirely by NRC. No 
other sources were used beyond those referenced in this environmental 
assessment. NRC provided a draft of this environmental assessment to 
DEQ for review. DEQ had no comments or suggestions on this 
environmental assessment.7
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    \7\ Letter to Stewart Brown, NRC, from H. A. Caves, DEQ, dated 
March 2, 1999.
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Conclusions

    NRC finds that because the Commission's unrestricted release 
criteria have been met, there is no significant impact on the 
environment, and the property can be released for unrestricted use.

Finding of No Significant Impact

    The Commission has prepared an Environmental Assessment related to 
the proposed unrestricted release, and removal from License SNM-1999, 
of the RRA on the Cushing Refinery Site, in Cushing Oklahoma. On the 
basis of the Environmental Assessment, the Commission has concluded 
that this licensing action would not significantly effect the quality 
of human environment and has determined not to prepare an environmental 
impact statement for this proposed action.
    The above documents related to this proposed action are available 
for public inspection and copying, at the Commission's Public Document 
Room in the Gelman Building, 2120 L Street NW, Washington, DC.

Opportunity for a Hearing

    NRC hereby provides notice that this is a proceeding on an 
application for a license amendment within the scope of Subpart L, 
Informal Hearing Procedures for Adjudication in Materials Licensing 
Proceedings, of NRC's rules and practice for licensing proceedings, of 
NRC's rules and practice for domestic licensing proceedings in 10 Code 
of Federal Regulations (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 the 
Secretary either:
    1. By delivery to Docketing and Service Branch of the Office 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 by a person other 
than an applicant must describe in detail:
    The interest of the requestor in the proceeding:
    1. How that interest may be affected by the results of the 
proceeding,

[[Page 15834]]

including the reasons why the requestor should be permitted a hearing 
with particular reference to factors set out in Sec. 2.1205(h);
    2. The requestor's areas of concern about the licensing activity 
that is the subject matter of the proceeding; and
    3. The circumstances establishing that the request for a hearing is 
timely in accordance with Sec. 2.1205(d).
    In accordance with 10 CFR 1205(f), each request for a hearing must 
also be served, by delivering it personally or by mail, to:
    1. The applicant, Kerr-McGee Corporation, Kerr-McGee Center, P.O. 
Box 25861, Oklahoma City, OK 73125, Attention: Mr. Jeff Lux, 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 26th day of March 1999.

    For the U.S. 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. 99-8028 Filed 3-31-99; 8:45 am]
BILLING CODE 7590-01-P