[Federal Register Volume 67, Number 206 (Thursday, October 24, 2002)]
[Notices]
[Pages 65370-65374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26985]


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NUCLEAR REGULATORY COMMISSION

[License No. 19-00915-03; Docket Number 03004530]


U.S. Department of Agriculture, Ames, IA; Environmental 
Assessment and Finding of No Significant Impact; Notice of Availability

AGENCY: Nuclear Regulatory Commission.

ACTION: Environmental Assessment (EA) and Finding of No Significant 
Impact (FONSI) for remediation of radioactive waste burial site, U.S. 
Department of Agriculture, Ames, IA.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is announcing the 
availability of the EA and FONSI for the remediation of the radioactive 
waste burial site at the U.S. Department of Agriculture facility in 
Ames, IA.

SUPPLEMENTARY INFORMATION: The Nuclear Regulatory Commission is 
considering amending the United States Department of Agriculture's 
Byproduct Materials License No. 19-00915-03 to authorize excavation and 
remediation of the radioactive waste burial site located at its 
facilities in Ames, Story County, Iowa.

1. Introduction

    The U.S. Department of Agriculture (USDA) submitted a request dated 
August 16, 2002, for an amendment to Nuclear Regulatory Commission 
(NRC) License No. 19-00915-03. The licensee requests approval to 
decommission a radioactive waste burial site located on its property in 
Ames, Iowa. USDA proposes to excavate the site and retrieve the buried 
radioactive waste for shipment to a commercial waste disposal site in 
accordance with the procedures contained in that and subsequent 
submissions. The licensee has retained Cabrera Services, Inc., an NRC 
licensee (License No. 06-30556-01), to perform the decommissioning and 
remediation of the site.
    The burial site is approximately 0.25 acre (0.1 hectare, 11,000 ft 
\2\ 2, 1000 m \2\) in the National Animal Disease Center

[[Page 65371]]

(NADC) located on USDA property in Ames, Story County, Iowa. In 
addition to the burial site, about 80 NADC research laboratories and 
other facilities are located on the 320 acre (130 hectare) NADC 
property. The licensee buried radioactive material and associated 
chemical waste (mostly liquid scintillation media) at the site from 
1971 (when 10 CFR 20.304 authorized burial of defined radioactive 
waste) until January 1981 (when 10 CFR 20.304 was withdrawn). The waste 
buried is typical of that generated by bench scale research with 
radionuclides and includes such items as lead pigs, vials, pipettes, 
packaging materials, gloves, absorbent paper, test tubes, scintillation 
vials, carbon filters, and liquid scintillation counting fluid. The 
licensee estimates that the volume of buried waste is 40 cubic yards 
(30 m \3\) containing 250 millicuries of hydrogen 3, carbon 14, and 
nickel 63. The waste was placed in double plastic (polyethylene) bags 
and then buried in 16 separate pits, each approximately 6 feet (1.8 m) 
deep. The pits lie along a straight line over a distance of about 300 
feet (91 m). Each burial is covered by about 3 feet (0.9 m) of soil.

2. Purpose and Need for the Proposed Action

    The licensee plans to construct additional research facilities at 
NADC that may disturb and/or cover part or all of the burial site. 
Removal of the buried waste will facilitate the construction activities 
and will avoid future contamination of the soil and/or groundwater with 
radioactive and/or chemical waste.
    There is currently no evidence of soil or groundwater contamination 
with radioactive material or hazardous chemicals. However, in addition 
to the fact that it will be necessary to disturb at least part of the 
burial during the planned construction, the waste may deteriorate with 
the passage of time, resulting in future soil and/or groundwater 
contamination. Therefore, the licensee plans to remediate the site 
prior to construction of the new facilities. The licensee is also 
coordinating the remediation activities with the U.S. Environmental 
Protection Agency (EPA) because the buried waste includes hazardous 
chemicals. USDA applied for and obtained from EPA approval for 
remediation of the burial site.

3. Proposed Action

    The licensee plans to remove the buried waste and any associated 
contamination, properly dispose of all waste generated and release the 
burial site for unrestricted use prior to construction activities.
    The licensee performed an extensive review of available records and 
interviewed appropriate personnel to determine the locations, structure 
of and identity of the radioactive materials present in the burials. 
Records indicate that hydrogen 3, carbon 14, sodium 22, sulfur 35, 
chlorine 36, potassium 40, chromium 51, nickel 63, iodine 125, iodine 
131, and radium 226 were used at the facility during the period when 
the burials were made. However, sulfur 35, chromium 51, iodine 125, 
iodine 131, and sodium 22 have relatively short half-lives and were 
eliminated from consideration during the planning of the 
decommissioning because the quantities were small and have undergone 
decay for more than 10 half-lives. The licensee's records indicate that 
potassium 40 was purchased only once in 1967, in an exempt amount, and, 
therefore, it was also not considered further. Similarly, chlorine 36 
was screened out because it was acquired in solution and, according to 
both available records and interviews with users, waste containing 
chlorine 36 was disposed of to the sanitary sewer at the time of its 
use. The licensee concluded that all radium 226 was in the form of a 
single one millicurie sealed source. It is not clear if that source was 
disposed in a burial, but, if it is present, it should be possible to 
locate it during dose rate surveys of the site that will be performed 
before and during the excavations or during the sorting and repackaging 
of the waste for disposal. The licensee has concluded that the buried 
radioactive waste contains less than 250 millicuries of radioactive 
material (hydrogen 3, carbon 14, and nickel 63). The waste was buried 
in double plastic (polyethylene) bags in 16 separate pits, each 
approximately 6 feet (1.8 m) deep. These pits lie along a straight line 
about 6 feet (1.8 m) apart over a distance of about 300 feet (91 m). 
There are about 3 feet (0.9 m) of cover soil over each pit. The 
licensee used these conclusions in planning the removal of the burials.
    In November 1989 the licensee opened the first burial pit. 
Observation and soil samples taken at that time did not indicate 
leakage of radioactivity or chemicals from the bag that was buried in 
the pit. The licensee performed additional monitoring in 1996 by 
drilling six wells approximately 15 feet (4.6 m) deep around the burial 
site. Analyses of soil samples taken as recently as April 2000, from 
these wells did not indicate presence of any volatile organic 
compounds. In September 2002, water samples from the wells did not 
indicate any radioactivity above background. Based on this information 
and observations of the burial in 1989, the licensee has concluded that 
the plastic bags containing the waste are largely intact which should 
facilitate removal of the waste.
    The licensee plans to retrieve the buried waste by excavating the 
burial site in three stages. The first stage will be accomplished using 
a mechanical excavator to dig a trench 8 feet (2.4 m) to 12 feet (3.7 
m) wide and 3 feet (0.9 m) deep approximately 300 feet (91 m) long that 
will include all 16 pits. The second stage will involve digging a 
narrower trench symmetrically located within the first trench. This 
will be accomplished by carefully removing soil in 2-4 inch ( 5-10 cm) 
layers to reduce the risk of puncturing or tearing the buried bags. The 
third stage will begin when the top of a bag or other evidence of waste 
appears. Then excavation will be performed by hand (to minimize the 
potential for rupture of bags or the spread of waste or contamination) 
until each bag or all identifiable waste is retrieved. A one-foot layer 
of surrounding soils will be removed from all surfaces of each pit 
following the extraction of the bags and/or waste.
    After all visible waste and the additional foot of soil is removed, 
the pits will be surveyed for radioactive contamination following an 
approach developed using the guidance provided in NUREG 1575, ``Multi-
Agency Radiation Survey and Site Investigation Manual'' (MARSSIM). The 
licensee will collect samples from the surface and at a depth of about 
1 foot (30 cm) below the bottom and behind the walls of each pit. Each 
sample will be analyzed for radioactivity and compared to the 
decommissioning goals selected by the licensee (described below). The 
measurements will be made with a Minimum Detectable Activity (MDA) of 
about 50% of the goal.
    The surface sample data will be compared to the decommissioning 
goal. The subsurface sample data will be compared to a background 
reference area to demonstrate that residual contamination is limited to 
the first 15 cm of soil, if any is present at all. The sampling 
procedure is designed to assure the decommissioning goals are applied 
in a fashion consistent with the limitations placed on the published 
screening values which are the basis for approval of the goals. 
Additional soil, in 6 inch layers, will be removed if the analytical 
results indicate contamination in excess of the goals in surface 
samples or in excess of background in the subsurface samples.

[[Page 65372]]

If the licensee's surveys indicate the presence of significant soil 
contamination, sufficient characterization will be performed to support 
the development of custom derived concentration guidelines (DCGLs) for 
the site.
    The NRC published screening values for radioactive contamination in 
soil based on an annual dose limit of 25 millirems in the Federal 
Register (64 FR 68395-96, December 7, 1999 and 65 FR 37186, June 13, 
2002). The licensee used EPA's Generic Soil Screening Guidance, the 
computer code RESRAD and a dose limit of 15 millirems/year in order to 
choose decommissioning goals that would be acceptable to the NRC as 
well as the EPA. The values selected by the licensee are less than the 
published screening values and, therefore, are acceptable to the NRC 
for surface soil. As discussed above, the licensee's procedures are 
appropriate to assure that the goals are applied in accordance with 
published guidance.
    All excavated waste will be stored temporarily in an enclosed 
sealand container after visual examination to verify integrity of each 
bag. The licensee has procedures for gathering and containing any waste 
which may escape from the bags. There will be a closed tent within this 
container fitted with a High Efficiency Particulate Air (HEPA) 
filtration unit to control potential airborne contaminants. Each bag or 
container of waste will be opened within the tent and the waste 
material will be segregated, characterized in accordance with approved 
licensee procedures, applicable regulations and waste disposal facility 
acceptance criteria. All waste, including any contaminated soil, will 
be properly packaged and shipped off site for disposal at an 
appropriate commercial waste disposal facility. The traffic generated 
by the shipment of the radioactive waste is expected to be a small 
fraction of the traffic for the entire site. The licensee estimates 
less than 10 truckloads with no more than three trucks at the site at 
any one time. The licensee has appropriate procedures for controlling 
the exposures of workers and releases to the environment during these 
operations.
    Following the removal of all waste and contaminated soil, any 
additional necessary final status surveys will be performed in 
accordance with the guidance in NUREG 1575, ``Multi-Agency Radiation 
Survey and Site Investigation Manual'' (MARSSIM). Based on the actual 
survey results, the licensee will prepare and submit for approval a 
ground water monitoring plan for a specified time period. The licensee 
expects to complete the decommissioning of the site late in 2002, 
submit a Final Status Survey Report and request approval to release the 
site for unrestricted use.

4. Alternatives to the Proposed Action

    The licensee considered four alternatives with regard to the burial 
site. One alternative is to take no action. Under this alternative 
monitoring and control would continue, but decommissioning actions 
would not be performed. Therefore, the risk of exposure to existing 
chemical and radiological material would not be reduced, and would be 
expected to increase over time. In addition, the licensee would either 
be forced to relocate the planned building or to take control measures 
similar to those proposed for the decommissioning during construction. 
The impact of relocating the building would be additional design and 
construction expenses along with delays in construction. If the 
building is not relocated, the additional control measures during 
construction would have impacts similar or greater than those expected 
during the remediation.
    A second alternative is to implement additional containment and 
institutional controls. This might involve covering the burial site 
with additional soil cover and additional institutional and engineering 
controls to help ensure that the waste material remains contained 
within the burial site. This alternative would prevent future use of 
the burial site location. The licensee concluded that this alternative 
does not adequately control risks and does not meet the requirements of 
regulatory agencies (EPA and the NRC). The main impacts of this 
alternative are permanent loss of use of the land area and the 
additional cost for containment and institutional controls.
    A third alternative considered by the licensee involves excavation 
of the buried waste and transporting it to an on-site storage facility 
until disposal off site. The licensee estimated that this alternative 
would take over 5 years to implement. The licensee did not consider 
this alternative further because of the impacts of additional costs, 
additional construction on the site and the loss of use of the location 
for a protracted period of time.
    The preferred alternative is removal of the buried waste and any 
contaminated soil followed by prompt and appropriate disposal, as 
described above. This alternative allows productive use of the area of 
the burial site and prevents future contamination of soil and possibly 
groundwater with radioactive material and hazardous chemicals.

5. Affected Environment and Justification of the Action

    The burial site is about 0.25 acre (0.1 hectare) of the 320 acre 
(130 hectare) NADC research complex in Story County, within the 
incorporation limits of Ames, Iowa. There are more than 80 buildings 
and other facilities in the research complex. The city of Ames had a 
population of approximately 51,000 according to the 2000 census. All 
people in the vicinity of NADC are served by ground water, either from 
the Ames municipal wells or from private wells. The nearest potable 
municipal well is located approximately 1.8 miles (2.9 km) from the 
waste site. The nearest private residence is 0.8 mile (1.3 km) from the 
waste site.
    The NADC research complex is bounded on the east by Interstate 
Highway 35, on the south by the USDA's National Veterinary Services 
Laboratories (an additional 153 acres (62 hectares) of USDA property), 
on the west by Dayton Road and on the north by agricultural lands. Land 
use in the vicinity of the NADC is commercial to the south, residential 
to the west and agricultural to the north and east.
    Topography in the vicinity of NADC is gently rolling with a divide 
which causes approximately one third of the facility's drainage to flow 
towards the southwest with the rest of the drainage flowing generally 
northeast. The drainage flows overland and percolates into the soil. It 
can be intercepted by storm sewers, roadside ditches, or it can reach 
the Skunk River about one mile (1.6 km) southwest of the burial site. 
The Skunk River is not used for drinking water. Near the burial site, 
the ground water flows west with a slight southwest trend. The ground 
water flow is somewhat independent of surficial water flow. Soil of the 
site is mainly composed of clay loams and loams.
    Four major aquifer types exist in Story County: Alluvial aquifers, 
bedrock aquifers, buried channel aquifers, and drift aquifers. The 
upper bedrock aquifer underlies all of Story County. Overlying the 
upper bedrock aquifer are surficial aquifers and surface streams. The 
upper bedrock aquifer and surficial aquifers produce approximately 75 
percent of the county's public water supply. Drift aquifers, which are 
not present in the vicinity of NADC produce the remaining 25 percent. A 
buried channel aquifer provides drinking water in the Ames area. Only 
the upper bedrock aquifer is present under NADC and is approximately 
150 feet (48 m) beneath the ground surface. There are

[[Page 65373]]

approximately 50 feet (15 m) of essentially impermeable clay between 
the aquifer and the ground surface at NADC. Therefore, the burial has 
presented and the planned decommissioning activities will present, 
little danger to the potable water supply.
    While the burial site is unlikely to affect potable water supplies, 
the upper local groundwater table may be less than 5 feet (1.5 m) 
beneath the surface during the rainy seasons of the year. Water levels 
in the monitoring wells around the burial site have been measured at 
less than 4 feet (1.2 m) beneath the ground in early spring. It is 
possible that the buried waste may at times have been be surrounded by 
the ground water. Over time contact between the buried waste and ground 
water might make contamination available to surface plants and foraging 
animals. However, recent sampling of these wells found no radioactivity 
above natural background in the water.
    The vegetation on the site is primarily introduced grasses and 
alfalfa and most of the undeveloped land on the NADC is utilized for 
animal foraging and pasture. Animals that inhabit the site are moles, 
deer mice, red fox, striped skunk, raccoon, badger, and an occasional 
whitetail deer. Birds such as horned larks, killdeer, vesper sparrow, 
and ring necked pheasants would likely inhabit the site. No unusual, 
threatened or endangered species of vegetation or wildlife are known or 
expected to occur on the site. There are approximately 15 acres (6.1 
hectares) of wetlands in a ravine approximately one-half mile to the 
east of NADC.
    Analyses of soil and water samples from the monitoring wells and 
one of the burial pits indicate that the buried waste material has not 
left the burials and has not had an adverse impact on the surrounding 
environment. However, the licensee plans construction activities near 
the burial site and these activities will change the underground 
profile of the burial site. If the waste remains buried, the leakage 
may occur during construction or in the future. Leaking material could 
be transferred to soil and local plants and thence to foraging animals. 
Due to the planned disturbance of the area and the possible future 
deterioration of the waste it is prudent to remediate the site now. 
This will avoid the spread of contamination into the environment and 
possibility of exposure of members of the public.

6. Environmental Impacts of the Proposed Action and Mitigating Measures

    The licensee and its contractors have committed to comply with all 
pertinent environmental requirements to protect human health and the 
environment during the implementation of the proposed action. The 
licensee will follow appropriate standards set by the U.S. Occupational 
Safety & Health Administration (OSHA) to ensure worker health and 
safety, and will obtain all necessary permits from the local and state 
authorities.
    Impacts of decommissioning activities such as increased noise and 
traffic are not expected to be significant because of the small area to 
be remediated and the fact that only a few pieces of construction 
equipment will be used to avoid dispersal of the waste during 
remediation. The burial site is currently fenced and not available to 
general access. The exclusion area and congestion in the area will 
increase somewhat during remediation, but the time of remediation is 
short (4 to 6 weeks) and there is adequate space to reroute traffic and 
other activities. The main environmental impacts are expected to be 
disturbance of the ground surface, the possibility of local soil 
erosion and the collection of precipitation in open excavations leading 
to the generation of potentially contaminated water.
    The licensee's procedures for the excavation of the site are 
described in detail in a letter dated August 16, 2002, with enclosed 
Work Plan. The procedures are adequate to prevent or control soil 
erosion and the spread of radioactive and chemical contamination. Since 
the amount of radioactivity is not large and is most likely well 
contained, the risk of contamination spread is low and can be 
controlled by the licensee's procedures. Berms will be built around the 
excavated pits and soil storage areas to prevent water from getting 
into these areas and to control erosion. During excavation and 
screening dust will be controlled by misting with water and excavated 
soil will be covered to prevent it from becoming airborne. Wash water 
and precipitation will be collected, stored in tanks, sampled and 
disposed of in accordance with applicable regulatory requirements.
    The licensee has developed procedures to control personnel 
exposures and to prevent the spread of radioactive contamination to 
other areas during and following excavation. A boundary (Construction 
Zone) will be established to mark the areas where excavation and 
remedial activities will be performed. Access to the areas within this 
boundary will be controlled by the use of temporary fencing with 
clearly defined access points. A Radiological Control Zone will be 
established within the Construction Zone to isolate the areas that 
could become radiologically contaminated. All areas will be 
appropriately posted.
    Airborne contamination surveys and other appropriate radiological 
surveys of the soil and the trench surfaces will be made during and 
after removal of each soil layer. These surveys will determine if there 
was leakage into the soil from the waste and ensure that workers are 
not exposed to radiation from any unexpected source.
    Spread of contamination from the burials would likely be by 
surficial or underground water currents. Such a spread of contamination 
is expected to be directed downward or laterally and, therefore, 
radioactive contamination is not expected in the top layer of soil. 
Therefore, the soil excavated during the first and second stages (top 
layers) will be spread in a 6-inch layer on polyethylene sheeting of at 
least 10 mil thickness in a designated lay down area for screening and 
potential segregation. The plan is to use as much of this soil as 
possible for backfill of the trench. Soil excavated during the third 
stage (after the tops of the bags become visible) will be loaded into 
intermodal containers and covered with tarps. This soil will be more 
extensively sampled for contamination. All soil contaminated in excess 
of the of the decommissioning goals will be shipped to an approved 
disposal site.
    After radiological surveys confirm that the site meets the 
decommissioning goals, the burial site will be filled with the 
excavated non-contaminated soil and, if necessary, additional clean 
fill. The site will either be incorporated into a major construction 
project or appropriately vegetated. All waste and any contaminated soil 
removed will be transferred to a commercial burial site. The licensee 
will perform final radiological surveys of the site to ensure that the 
site meets NRC criteria for release for unrestricted use.
    All contaminated items or material, including the equipment used in 
the excavation, will either be decontaminated in a designated area near 
the burial site, or disposed of in accordance with licensee's approved 
radiation safety procedures.
    The licensee's procedures to initiate, accomplish and complete the 
remediation of the burial site adequately address concerns about the 
protection and radiological safety of members of the public and 
workers, the environment, and natural resources in the area.

[[Page 65374]]

7. Endangered Species and Historical Site Review

    No unusual, threatened, or endangered species of vegetation or 
wildlife are known or expected to occur on the NADC property. There are 
no habitats of endangered species on the NADC property. Wetlands near 
the NADC property are not involved in the remediation activities. These 
conclusions were confirmed in discussions with the U.S. Fish and 
Wildlife Service.
    The Iowa State Historical Society has reviewed the site and planned 
activities and concluded that it is unlikely that any areas of 
historical significance are involved.

8. Agencies and Persons Consulted

    Scott Marquess, U.S. Environmental Protection Agency. The EPA is 
reviewing the proposed remediation, has approved the project and will 
monitor the implementation of the remediation activities.
    Daniel McGhee, State of Iowa, Department of Public Health. The 
Department of Public Health representative indicated knowledge of the 
site including the research uses of radioactive material, supports the 
removal of the burial site and had no special concerns about the 
removal.
    Wayne Fisher, U.S. Fish and Wildlife Service. Contact discussed in 
Section 7.
    Daniel K Higginbottam, Iowa State Historic Preservation Office. 
Contact discussed in Section 7.

9. Sources Used

    Letter from U.S. Department of Agriculture to USNRC, Region I, 
dated August 16, 2002, requesting approval to remediate burial site at 
National Animal Disease Center, Ames, IA, with enclosed Work Plan 
(ML022330227).
    Engineering Evaluation and Cost Analysis for USDA National Animal 
Disease Center, Revision 1, Final, dated August 14, 2002 (ML022690109).
    Letter from Cabrera Services to USNRC, Region I, dated August 20, 
2002, providing documents used in historical assessment of burial site 
(ML022390595).
    Letter from USEPA, Region VII to UDSA, dated August 6, 2002, 
regarding Engineering Evaluation and Cost Analysis for NADC, Ames, IA 
(ML022270115).
    Fax from USDA to USNRC, Region I dated September 11, 2002 providing 
additional information (ML022550516).
    Fax from Cabrera Services to USNRC, Region I, dated October 3, 2002 
which encloses letter from Iowa State Historical Society to USDA, date 
July 22, 2002 (ML022890418).

10. Finding of no Significant Impact

    Pursuant to the National Environmental Policy Act of 1969 (NEPA) 
and the Commission's regulations in 10 CFR part 51, the Commission has 
determined that there will not be a significant effect on the quality 
of the human environment resulting from the excavation and retrieval of 
the buried waste and transfer to an off site waste disposal facility. 
Accordingly, the preparation of an Environmental Impact Statement is 
not required for the proposed amendment to Byproduct Material License 
No. 19-00915-03, which will authorize decommissioning of the burial 
site. This determination is based on the foregoing Environmental 
Assessment performed in accordance with the procedures and criteria in 
10 CFR part 51, ``Environmental Protection Regulations for Domestic 
Licensing and Related Regulatory Functions.''
    The amendment request by United States Department of Agriculture 
and related documents are available for inspection and copying for a 
fee at the Region I Office, 475 Allendale Road, King of Prussia, PA 
19406. The documents may also be viewed in the Agency-wide Document 
Access and Management System (ADAMS) located on the NRC website at 
www.nrc.gov.

    Dated at King of Prussia, Pennsylvania, this 16th day of 
October, 2002.

    For the Nuclear Regulatory Commission.
John D. Kinneman,
Chief, Nuclear Materials Safety Branch, Division of Nuclear Materials 
Safety, Region I.
[FR Doc. 02-26985 Filed 10-23-02; 8:45 am]
BILLING CODE 7590-01-P