[Federal Register Volume 69, Number 180 (Friday, September 17, 2004)]
[Notices]
[Pages 56102-56104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20989]


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NUCLEAR REGULATORY COMMISSION


Requests Comments on a Draft Environmental Assessment Related to 
a U.S. Nuclear Regulatory Commission Decision To Take No Further Action 
at the Kiski Valley Water Pollution Control Authority Site

    The U.S. Nuclear Regulatory Commission (NRC) is considering the 
alternative of issuing a decision of no further action for the Kiski 
Valley Water Pollution Control Authority (KVWPCA) site in Leechburg, 
Pennsylvania and has prepared a draft Environmental Assessment (EA) in 
support of this action.
    The NRC staff has developed a draft EA to address this action (see 
Section II of this Federal Register notice). In accordance with both 
the NRC and Federal guidance, NRC is requesting stakeholders comments 
regarding the action for inclusion to the EA. If any interested 
stakeholders have comments regarding the NRC's draft EA, please provide 
them within 30 days from the date of this Federal Register notice so 
they may be fully considered. If you require additional information, 
please contact the project manager, Kenneth Kalman, at 301-415-6664 or 
by e-mail at [email protected].

I. Summary

    KVWPCA operates a waste water treatment plant in Leechburg, 
Pennsylvania, about 40 kilometers (25 miles) northeast of Pittsburgh on 
the flood plain of the Kiskiminetas River. From 1976 to 1993, KVWPCA 
treated sewage sludge by incineration. KVWPCA disposed of the resulting 
sewage sludge ash by mixing it with water to form a liquid slurry and 
pumping this material into an onsite lagoon. Discharges to the lagoon 
ceased in 1993 and plans for closure were developed in 1994. Subsequent 
analyses revealed that subsurface uranium contamination was present in 
the ash lagoon. The NRC staff conducted a dose assessment related to 
the incinerator ash lagoon at the KVWPCA site and has determined that 
the ash meets the NRC's criteria for releasing sites for unrestricted 
use under the License Termination Rule 10 CFR Part 20, Subpart E. The 
KVWPCA site is not licensed by the NRC. Since the material in the ash 
lagoon meets the criteria for unrestricted use, NRC has determined that 
the site can be released from NRC jurisdiction without further remedial 
action.

II. Environmental Assessment

Introduction

    In 1994, plans were made to remove the ash from the lagoon at the 
KVWPCA site. In the course of site closure, the Pennsylvania Department 
of Environmental Resources notified NRC that elevated uranium 
concentrations had been found in an ash sample from the KVWPCA site. 
Subsequent analyses revealed that subsurface uranium contamination was 
present at concentrations of up to 34 becquerels per gram (Bq/g) [923 
picocuries per gram (pCi/g)] total uranium, and that the material was 
enriched to approximately 4% uranium-235. Further characterization 
revealed that the volume of the contaminated ash is approximately 9,000 
cubic meters (320,000 cubic feet) and that the total uranium inventory 
is approximately 32-41 gigabecquerels (0.85-1.1 Ci), resulting in an 
average total uranium concentration of approximately 3.0 Bq/g (80 pCi/
g). The contaminated ash is highly heterogeneous and the highest levels 
of contamination are found over a relatively small area, at a depth of 
2 to 3 meters (m) [7 to 10 feet (ft)]. Radionuclides other than uranium 
are also present, but at much lower concentrations.
    The contamination is believed to have resulted from the 
reconcentration of uranium-contaminated effluents released from the 
sanitary sewers and laundry drains of the Babcock & Wilcox (B&W) Apollo 
facility. During its operation, the B&W Apollo facility conducted fuel 
manufacturing and fabrication. Upon successful completion of its 
decommissioning activities, the NRC terminated the B&W Apollo site's 
license on April 14, 1997. There is no evidence suggesting that the 
discharges from the B&W Apollo facility exceeded permissible levels 
during operation.
    NRC, KVWPCA, and the Pennsylvania Department of Environmental 
Protection (PADEP) have engaged in numerous interactions on the 
decommissioning of the KVWPCA site. By letter dated November 7, 2003, 
NRC staff informed KVWPCA that it would be conducting a dose assessment 
to determine what actions should be taken at the KVWPCA site. This 
letter also noted that PADEP has taken the position that under 
Pennsylvania's Solid Waste Management Act, the ash in the lagoon should 
be removed and properly disposed of per the Commonwealth's jurisdiction 
over the material as solid waste. Therefore, the NRC staff's dose 
assessment included scenarios for leaving the ash on site as well as 
scenarios for removing the ash.
    NRC staff conducted dose assessments for a range of potential 
scenarios. These scenarios include a removal scenario, in which the 
contaminated ash is excavated and removed to an offsite disposal 
facility, and an onsite no-action scenario, in which the lagoon is 
abandoned in place with no remedial actions performed. The onsite 
scenarios included a reasonably foreseeable future land use case and a 
pair of less likely cases used as assessment tools to bound the 
uncertainty associated with future land use. In all of the scenarios, 
doses from the groundwater pathway are expected to be significantly 
limited by the relatively non-leachable form of uranium in the ash as 
determined by leaching tests.
    It is likely that the contaminated ash will be removed from the 
lagoon, and that the site will continue to be used as a waste water 
treatment plant. Thus, the critical group in the removal scenario is 
the workers who excavate the contaminated ash and are exposed through 
inhalation of resuspended fine contaminated ash particles and direct 
irradiation. In addition, to address the possibility that the ash may 
be removed to a RCRA-permitted landfill, potential impacts of more 
aggressive leachate chemistry (low or high pH conditions) on uranium 
mobility were considered and the range of doses to a hypothetical 
individual residing near the landfill was qualitatively evaluated.
    The dose to workers who excavate and remove the ash is expected to 
be approximately 0.15 mSv (15 mrem). Since any removal operation would 
take considerably less than one year, this constitutes the total annual 
dose in the year of removal. Doses to ash removal workers are dominated 
by the inhalation of uranium-234 and uranium-238 along with a small 
additional dose from external exposure. Doses to the ash removal 
workers are limited by the

[[Page 56103]]

relatively low average concentration of these isotopes, the limited 
exposure time during excavation of the ash, and the limited 
respirability of the ash particles.
    Three cases of the onsite no-action scenario, in which the ash is 
assumed to be left in place without any remedial action, were also 
evaluated. These include a recreational use case, in which the property 
is converted into a riverside park; an agricultural use case; and an 
intrusion case, in which it is assumed that a volume of ash is 
excavated for the construction of a basement and the excavated ash is 
spread on the land surface. These cases, while less likely, were 
evaluated because they are useful assessment tools. Since they comprise 
a range of future land usages and include all exposure pathways, they 
can be used to bound other scenarios and, therefore, provide an 
evaluation of the uncertainty associated with future land use.
    In the event that the contaminated ash remains onsite with no 
remedial action taken, the assumption of a recreational exposure case 
results in a annual dose of approximately 0.01 mSv (1 mrem) over the 
next few centuries, eventually rising to approximately 0.02 mSv (2 
mrem) at 1000 years. This result is approximately an order of magnitude 
lower than either the agricultural case or the intrusion case because 
no crop intake is assumed in the recreational case.
    The results of analysis of the agricultural case indicate that the 
peak annual dose within the 1000-year compliance period is predicted to 
be less than 0.2 mSv (20 mrem) and to occur at 1000 years after the 
present time. Results of the analysis of the intrusion case indicate 
that the peak mean annual dose within the 1000-year compliance period 
is also expected to be less than 0.2 mSv (20 mrem) and to occur at 1000 
years after the present time.
    In the agricultural and intrusion cases, it was assumed that a 
person would site a well or cultivated field at a random location 
within the 4000 m2 (1 acre) site. In the unrealistic case 
that a farmer were to occupy the site and place a home in the most 
contaminated 200 m2 (0.05 acre) area on the site, the peak 
annual dose would be expected to be well below the public dose limit 
and thus this scenario is not given further consideration in the 
staff's evaluation.
    Regardless of whether the ash is left in place or excavated and 
removed pursuant to Pennsylvania State law, the NRC staff concludes 
that the doses for all scenarios meet the NRC's criteria for 
unrestricted use (i.e., the doses are less than 25 mrem per year). 
Therefore, no further remedial action under NRC authority is required. 
The staff's dose assessment is presented in greater detail in SECY-04-
0102, ``The Results of the Staff's Evaluation of Potential Doses to the 
Public from Materials at the Kiski Valley Water Pollution Control 
Authority site in Leechburg, Pennsylvania.''

Proposed Action

    The proposed action is for NRC to take no further regulatory action 
regarding the KVWPCA site.

Purpose and Need for the Proposed Action

    The purpose of the proposed action is to allow the KVWPCA site in 
Leechburg, Pennsylvania, to be made available for unrestricted use. 
This can be justified by demonstrating that the site meets the NRC 
criteria for unrestricted use. Should the proposed action be approved, 
under Pennsylvania's Solid Waste Management Act, PADEP could require 
that the ash in the lagoon be removed and disposed of as solid waste.
    NRC is fulfilling its responsibilities under the Atomic Energy Act 
to make a decision on release of facilities for unrestricted use that 
ensures protection of public health and safety and the environment.

Alternative to the Proposed Action

    Based on its dose assessment, the NRC staff found the KVWPCA site 
to be acceptable for release for unrestricted use. The only alternative 
to the proposed action would be to make no determination regarding the 
need for NRC action at the site (i.e., a no-action alternative). This 
would leave the KVWPCA site subject to potential unnecessary regulation 
by NRC. The staff has determined that the site meets the NRC criteria 
for unrestricted use and that no further action by NRC is necessary. 
The no-action alternative is not acceptable because KVWPCA does not 
plan to conduct any activities that would require NRC oversight.

The Affected Environment and Environmental Impacts

    The site is located in the central portion of the Appalachian 
Plateau physiographic province. The Allegheny River and its tributaries 
such as the Kiskiminetas River drain the majority of the region. The 
KVWPCA site drains into the Kiskiminetas River.
    The ash lagoon occupies approximately one acre of the 36-acre 
KVWPCA site. The bottom of the lagoon basin was excavated into the 
native silty clay of the bench terrace of the Kiskimenetas River. The 
lagoon is 2 to 3 meters deep. Land use within the vicinity of the site 
consists of medium-sized rural residences, small farms, and light 
industrial areas.
    The NRC staff has reviewed the Closure Plan for the KVWPCA site and 
a draft Environmental Impact Statement for decommissioning the nearby 
B&W Shallow Land Disposal Area in Parks Township, Pennsylvania (NUREG-
1613). As discussed earlier, the NRC staff has conducted a dose 
assessment using site-specific data. Based on its review and analyses, 
the staff has determined that the affected environment and 
environmental impacts associated with the release for unrestricted use 
of the KVWPCA site is bounded by the impacts evaluated by the ``Generic 
Environmental Impact Statement in Support of Rulemaking on Radiological 
Criteria for License Termination of NRC-Licensed Nuclear Facilities'' 
(NUREG-1496). The staff also finds that the proposed release for 
unrestricted use of the KVWPCA site is in compliance with Title 10, 
Code of Federal Regulations, Part 20.1402, ``Radiological Criteria for 
Unrestricted Use.'' The proposed action will result in no physical 
change to the site. Therefore, the NRC expects no significant impact of 
a nonradiological nature. However, by NRC taking no action, PADEP will 
have the ability to exercise its authority to require the material to 
be removed from the site, which will result in physical change to the 
site. The NRC staff has found no other activities in the area that 
could result in cumulative impacts.

Agencies and Persons Consulted

    This EA was prepared by the NRC staff. The NRC staff has been in 
contact with the State of Pennsylvania regarding this issue and has 
informed the state of its proposal to take no further action at the 
Kiski Valley site. The State Office of Historical Preservation, the 
State Fish and Wildlife Service, and the U.S. Fish and Wildlife Service 
were not contacted because release of the KVWPCA site for unrestricted 
use would not affect historical or cultural resources, nor would it 
affect threatened or endangered species. No other sources were used 
beyond those referenced in this EA.
    NRC published this draft EA for public comment and will address 
comments received in the final EA.

Conclusions

    The NRC staff concludes that the proposed action complies with 10 
CFR Part 20. NRC has prepared this EA in support of the proposal to 
take no further action in regard to the KVWPCA

[[Page 56104]]

site. On the basis of the EA, NRC has concluded that the environmental 
impacts from the proposed action are expected to be insignificant and 
has determined that an environmental impact statement for the proposed 
action is not necessary.

List of Preparers

    Kenneth Kalman, Project Manager, Division of Waste Management and 
Environmental Protection.

List of References

1. November 7, 2003. Letter from Kenneth Kalman to Robert Kossack, 
``Nuclear Regulatory Commission Staff Intent to Conduct Dose 
Assessment of the Kiski Valley Water Pollution Control Authority 
Site.
2. Kenneth Kalman (2004). The Results of the Staff's Evaluation of 
Potential Doses to the Public from Materials at the Kiski Valley 
Water Pollution Control Authority site in Leechburg, Pennsylvania. 
(SECY-04-0102). U.S. Nuclear Regulatory Commission, Office of 
Nuclear Material Safety and Safeguards, June 22, 2004.
3. Chester Environmental (1994). Closure Plan for Incinerator Ash 
Lagoon, Kiski Valley Water Pollution Control Authority, Westmoreland 
County, Pennsylvania. Chester Environmental. Pittsburgh, PA, July 
1994.
4. Chester Engineers (1997). Ash Lagoon Closure: Kiski Valley Water 
Pollution Control Authority. Chester Engineers, Pittsburgh, PA. 
February 1998. (ADAMS ML003683061).
5. Draft Environmental Impact Statement on Decommissioning of the 
Babcock and Wilcox Shallow Land Disposal Area in Parks Township, 
Pennsylvania (NUREG-1613). U.S. Nuclear Regulatory Commission, 
Office of Nuclear Material Safety and Safeguards, August 1997.
6. Generic Environmental Impact Statement in Support of Rulemaking 
on Radiological Criteria for License Termination of NRC-Licensed 
Nuclear Facilities (NUREG-1496). U.S. Nuclear Regulatory Commission, 
Office of Nuclear Regulatory Research, July 1997.

III. Further Information

    Supporting documentation is available for inspection at NRC's 
Public Electronic Reading Room at http://www.nrc.gov/reading-rm/ADAMS.html. A copy of the draft EA can be found at this site using the 
ADAMS accession number ML042320320. Any questions should be referred to 
Ken Kalman, Decommissioning Directorate, Division of Waste Management 
and Environmental Protection, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555, Mailstop T7-F27, telephone (301) 415-6664, fax 
(301) 415-5397.

    Dated at Rockville Maryland this 13th day of September 2004.

    For the U.S. Nuclear Regulatory Commission.
Daniel M. Gillen,
Deputy Director, Decommissioning Directorate, Division of Waste 
Management and Environmental Protection, Office of Nuclear Material 
Safety and Safeguards.
[FR Doc. 04-20989 Filed 9-16-04; 8:45 am]
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