[Federal Register Volume 64, Number 157 (Monday, August 16, 1999)]
[Notices]
[Pages 44555-44557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21179]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 40-9015]
Notice of Issuance of Environmental Assessment, Finding of No
Significant Impact, and Opportunity for Hearing for Michigan Department
of Natural Resources License at Tobico Marsh Site
The U.S. Nuclear Regulatory Commission is considering issuance of a
license to Michigan Department of Natural Resources (MDNR) to possess
thorium (Th) and uranium (U) at the state-owned portion of the former
Hartley and Hartley Landfill (Tobico Marsh site) in Kawkawlin,
Michigan. The license application was submitted on September 5, 1997,
as supplemented on July 27, 1998, and March 8, 1999. The Th and U
currently exist at the MDNR Tobico Marsh site in the form of magnesium-
Th slag, contaminated soil, and other material and debris contaminated
above background levels. MDNR also requested to include possession of
sealed sources for instrument calibration on a license.
Environmental Assessment
Introduction
MDNR submitted a source material license application to possess Th
and U at the Tobico Marsh site. The site is located at 2301 Two Mile
and Beaver Roads, Kawkawlin Township, Kawkawlin, Bay County, Michigan,
northeast of Bay City, Michigan. The Tobico Marsh site covers
approximately 3 acres (1.2 hectare) adjacent to the former Hartley and
Hartley Landfill that is currently owned by SCA Services, Inc. (SCA).
The SCA site is being decommissioned under NRC License No. SUC-1565. In
1962, it was discovered that the entire property, owned by the Hartley
and Hartley waste handling company, was being used as a landfill.
In 1972, the State of Michigan acquired in trade a portion of the
Hartley and Hartley Landfill. Waste disposal activity on the state-
owned portion of the site ended by 1972, but the Hartley and Hartley
organization continued to operate the site until 1978 when operations
at the landfill ceased.
In 1980, the State of Michigan conducted an aerial radiological
survey of the landfill because State authorities were concerned that
radioactive material from another facility in Michigan may have been
disposed at the landfill. The survey indicated an excess of Thallium-
208, a progeny of Thorium-232 (Th-232), over the landfill. In May
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1983, the State of Michigan, Division of Radiological Health, informed
NRC Region III that radioactive material was found in the Tobico Marsh
site. Contamination was also found on the adjacent property owned by
SCA.
The State of Michigan requested input from the NRC on whether the
encapsulation measures being taken for the non-radiological hazardous
wastes also would provide protection for the radioactive hazard. In
response to this request, NRC staff agreed to perform a radiological
survey of the Tobico Marsh site.
In July 1984, Oak Ridge Associated Universities undertook a
radiological survey of the Tobico Marsh site. The survey included
surface radiation scans, measurements of direct radiation levels, and
analyses of radionuclide concentrations in soil, sediment, and water
samples. The results of this survey indicated a 0.15 to 0.20-meter (m)
(0.5 to 0.7 feet (ft)) thick layer of Th contaminated slag near the
surface. The contaminated slag appeared to be distributed in a 10 to
20-m (33 to 66-ft) wide strip near the center of the property,
extending almost the entire north/south length of the site.
NRC and State of Michigan staff concluded, on the basis of the
radiological survey, that the Th contamination exceeded the Option 1
level (0.37 Becquerel per gram (Bq/g) (10 picoCurie per gram (pCi/g))
of Thorium-232 + Thorium-228) of the 1981 Branch Technical Position
(BTP) entitled, ``Disposal or Onsite Storage of Thorium or Uranium
Wastes From Past Operations'' (46 FR 52061). They also concluded that
the mixture of non-radiological hazardous and radioactive waste would
make the wastes unacceptable at a chemical or radioactive waste
disposal site (other than an authorized mixed waste disposal facility)
and agreed to implement a monitoring program and to place a restriction
on the deed prohibiting intrusion. NRC agreed that these measures would
likely make the encapsulation of the Th contamination acceptable for
the short term.
In 1984, MDNR undertook encapsulation measures at the Tobico Marsh
site to isolate and prevent the migration of the non-radiological
hazardous wastes. Encapsulation measures included the installation of a
1.5-m-thick (5-ft) clay cap and 0.9-m-thick (3-ft) bentonite slurry
walls.
In 1985 and 1986, ABB Environmental Services, Inc. (formerly E.C.
Jordan Company) performed an investigation to assess the nature and
extent of environmental contamination around the encapsulation area.
The investigation indicated that the level of leachate inside the
encapsulation was approximately 0.9 m (3 ft) higher than the level of
the surrounding area and that volatile organic chemicals were detected
in the soils and groundwater outside the encapsulation.
In 1987 and 1988, GZA/Donohue performed a feasibility study of the
Tobico Marsh site. The study recommended that site access be restricted
by fencing, that monuments be installed stating the nature of the
contaminants, that the clay cap be repaired where erosion had occurred,
that hydraulic isolation be maintained by withdrawal of leachate from
inside the encapsulated area, and that the leachate be treated and
disposed.
In March 1990, the MDNR Tobico Marsh site was added to NRC's Site
Management Decommissioning Plan (SDMP) list because of the quantity of
Th-contaminated materials, the potential for mixed waste, and the fact
that MDNR did not have a license. The purpose of the SDMP is to ensure
safe and timely remediation of nonroutine decommissioning sites.
In 1991, design of the Leachate Collection and Treatment System
(LCTS) and preliminary design of the pretreatment system was completed.
In 1993 and 1994, the LCTS, treatment building, and the force main were
installed. However, the LCTS has not operated for several reasons. They
include possible presence of low-level radioactive materials in the
leachate, insoluble radioactive material less than or equal to one
m (3.3 ft) in diameter in the treated effluent, no
holding tanks to verify effluent quality before discharge to the waste
water treatment plant, and potential metal concentrations that are
unacceptable for the waste water treatment plant.
Proposed Action
The primary purpose for issuing Source Material License No. SUC-
1581, is to authorize MDNR to possess source material Th and U and
sealed sources at the Tobico Marsh site in order to control the
material to ensure the protection of the public health and safety and
the environment. The license covers all source material Th and U
present in concentrations exceeding natural background. This license
also authorized possession of sealed sources at the site for instrument
calibration. The sealed sources allow proper calibration of instruments
for the radiation types to be encountered at the site.
MDNR proposes to sample Th and U material during site
characterization activities. The proposed site characterization is
intended to characterize the concentration, lateral extent, and volume
of radiologically contaminated material at the Tobico Marsh site. The
decommissioning alternatives for this site will depend on the
information obtained from the site characterization.
At a later date, MDNR will provide proposal(s) for the disposition
of any Th and U material found at the site in a Decommissioning Plan
(DP). The DP will describe remediation alternatives and the proposed
procedures for site remediation, final survey, and license termination.
The Need for the Proposed Action
Th and U exist on the Tobico Marsh site in concentrations that pose
a long-term risk to the public and the environment. Before
encapsulation measures were taken in 1984, Th-232 and Th-228 had been
identified in the soil in concentrations up to 20.8 Bq/g (561 pCi/g)
and 9.5 Bq/g (527 pCi/g), respectively. U-238 concentrations were
elevated in samples with elevated Th levels.
MDNR applied for a specific license to possess, use, or transfer Th
and U during site characterization activities because U-238, Th-228,
and Th-232 activity levels may result in doses substantially in excess
of the unrestricted release requirements in 10 CFR Part 20. The
issuance of License No. SUC-1581 would ensure that the radioactive
material at the Tobico Marsh site is possessed, used, or transferred in
accordance with NRC regulations, and that MDNR will have a structured
regulatory program in place to protect public health and safety.
Alternatives to the Proposed Action
NRC staff considered no action as an alternative to the proposed
action. The no-action alternative would result in no specific license
and would not ensure MDNR will have a structured regulatory program in
place to protect public health and safety.
Environmental Impacts of the Proposed Action
The activities that NRC staff proposes to authorize through the
issuance of License No. SUC-1581 are expected to have an insignificant
impact on the environment. In fact, the activities are anticipated to
improve control of the Th and U-contaminated material. The control of
the Th and U-contaminated material under license will reduce the
potential for the release of radiological contamination to the
environment.
During the proposed site characterization, the primary potential
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radiological impact on the environment would be the release of
radioactive material during excavation and handling of contaminated
materials. No waste water that is contaminated with radionuclides above
the 10 CFR Part 20, Appendix B limits, will be allowed to be discharged
to sewers and drains from the site.
The proposed activities that would be licensed at this site are for
the purpose of controlling and characterizing the radiologically
contaminated material. Because MDNR has committed to comply with NRC
requirements, has adequate radiation protection procedures and
capabilities, and will implement an acceptable as low as is reasonably
achievable (ALARA) program, the proposed actions are not anticipated to
result in a dose to workers or the public in excess of 10 CFR Part 20
limits. Past experiences with site characterization activities at sites
similar to the MDNR Tobico Marsh site indicate that public and worker
exposure will be far below the limits found in 10 CFR Part 20.
The proposed action will result in the irreversible use of energy
resources during excavation and handling of contaminated material.
There are no reasonable alternatives to these resource uses and there
are no unresolved conflicts concerning alternative uses of available
resources.
Agencies and Individuals Consulted
This environmental assessment (EA) was prepared entirely by NRC
staff. The staff from the State of Michigan Department of Environmental
Quality (MDEQ) and MDNR reviewed a draft of this EA. MDEQ had no
comments. MDNR has suggested editorial corrections and noted that the
presence of U-238 has not been unequivocally proven at the Tobico Marsh
site in the Need for Proposed Action section. Their comments have been
incorporated in this version. No other sources were used beyond those
referenced in this EA.
Conclusions
Issuance of Source Material License No. SUC-1581 to authorize the
possession and control of source material located on the MDNR Tobico
Marsh site will have an insignificant impact on the environment.
Proposed activities at the site are designed to improve control and
reduce the potential for release of radiological contamination to the
environment. In addition, based on information to be gathered at the
site, the licensee will develop a plan for the cleanup of radiological
contamination at the site.
Finding of No Significant Impact
NRC has prepared this EA related to the proposed license
application by MDNR for the Tobico Marsh site. On the basis of the EA,
NRC has concluded that this licensing action would not significantly
affect the quality of the environment and has determined not to prepare
an environmental impact statement for the proposed action.
Opportunity for a Hearing
NRC hereby provides notice that this is a proceeding on an
application for 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 the
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 Secretary, U.S. Nuclear Regulatory Commission,
One White Flint North, 11555 Rockville Pike, Rockville, MD 20852-2738,
between 7:45 am and 4:15 pm, Federal workdays; or
2. By mail or telegram addressed to Secretary, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemakings and Adjudications Staff.
In addition to meeting other applicable requirements of 10 CFR Part
2 of 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 requester 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
4. The circumstance establishing that the request for a hearing is
timely in accordance with Sec. 2.1205(d).
In accordance with 10 CFR 2.1205(f), each request for a hearing
must also be served, by delivering it personally or by mail, to:
1. The applicant, Michigan Department of Natural Resources, P.O.
Box 30028, Lansing, MI 48909, Attention: Ms. Kelli Sobel; and
2. The NRC staff, by delivery to the Executive Director for
Operations, U.S. Nuclear Regulatory Commission, One White Flint North,
11555 Rockville Pike, Rockville, MD 20852-2738, between 7:45 am and
4:15 pm, Federal workdays, or by mail, addressed to the Executive
Director for Operations, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001.
For further details with respect to this action, copies of the
license application dated September 5, 1997, the complete EA, and
supporting documentation are available for inspection at NRC's Public
Document Room, 2120 L Street N.W., Washington, DC 20555-0001.
For Further Information Contact: Ms. Sherry W. Lewis, General
Engineer, Facilities Decommissioning Section, Decommissioning Branch,
Division of Waste Management, Office of Nuclear Materials Safety and
Safeguards. Telephone: (301) 415-6619.
Dated at Rockville, Maryland, this 9th day of August 1999.
For the Nuclear Regulatory Commission.
Larry W. Camper,
Chief, Decommissioning Branch, Division of Waste Management, Office of
Nuclear Material Safety and Safeguards.
[FR Doc. 99-21179 Filed 8-13-99; 8:45 am]
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