[Federal Register Volume 70, Number 3 (Wednesday, January 5, 2005)]
[Notices]
[Pages 925-928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-151]


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NUCLEAR REGULATORY COMMISSION


Notice of Availability of Environmental Assessment and Finding of 
No Significant Impact for the Kiski Valley Water Pollution Control 
Authority (KVWPCA) Site in Leechburg, PA

AGENCY: U.S. Nuclear Regulatory Commission.

ACTION: Environmental assessment and finding of no significant impact.

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FOR FURTHER INFORMATION CONTACT: Kenneth Kalman, Project Manager, 
Decommissioning Directorate, Division of Waste Management and 
Environmental Protection, Office of Nuclear Material Safety and 
Safeguards, U.S. Nuclear Regulatory Commission, 11555 Rockville Pike, 
Rockville, MD 20852. Telephone: (301) 415-6664; fax number: (301) 415-
5397; e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC) has decided to take no 
further action on the Kiski Valley Water Pollution Control Authority 
(KVWPCA) site in Leechburg, Pennsylvania. In accordance with the 
requirements of Title 10 of the Code of Federal Regulations (10 CFR) 
part 51, the NRC published a Draft Environmental Assessment (EA) in 
support of this action in the Federal Register (69 FR 56102) requesting 
comments on the proposed action and Draft EA. The NRC did not receive 
any comments. Based on the EA, the NRC has concluded that a Finding of 
No Significant Impact is appropriate.

II. Environmental Assessment

    In 1994, KVWPCA made plans to remove the ash from the lagoon at the

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KVWPCA site. Over 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 in 
effect during operation.
    Since 1994, 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 conduct a dose assessment 
to determine what actions should be taken at the KVWPCA site. The NRC 
letter dated November 7, 2003, 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). As 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 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. As they comprise a 
range of future land use 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 install 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. 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 KVWPCA site in 
Leechburg, Pennsylvania''.

Proposed Action

    NRC proposes 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

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Waste Management Act, PADEP could require that the ash in the lagoon be 
removed and disposed of as solid waste.

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. This would leave the KVWPCA site 
subject to potential unnecessary regulation by NRC. NRC has determined 
that the site meets the NRC's 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 Kiskimenetas River drain the majority of the region. The 
KVWPCA site drains into the Kiskimenetas 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 
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 are 
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 10 CFR 20.1402, ``Radiological 
Criteria for Unrestricted Use.'' The proposed action will result in no 
physical change to the site. Therefore, NRC expects no significant 
impact of a non-radiological 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 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. The NRC staff consulted with PADEP on an ongoing basis. No 
other sources were used beyond those referenced in this EA.

Conclusions

    The NRC staff concludes that the proposed action meets the NRC's 
criteria for unrestricted use under the License Termination Rule, 10 
CFR part 20, subpart E. NRC has prepared this EA in support of the 
proposal to take no further action in regard to the KVWPCA 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. (ADAMS 
ML032880386).
    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. (ADAMS ML041110312).
    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. 
(ADAMS ML003693188).
    4. Chester Engineers (1997) Ash Lagoon Closure: Kiski Valley Water 
Pollution Control Authority. Chester Engineers, Pittsburgh, PA. 
February 1998. (ADAMS ML003683061).
    5. Generic Environmental Impact Statement in Support of Rulemaking 
on Radiological Criteria for License Termination of NRC-Licensed 
Nuclear Facilities (NUREG-1496). Volumes 1-3 U.S. Nuclear Regulatory 
Commission, Office of Nuclear Regulatory Research, July 1997. (ADAMS 
ML042310492, ML042320379, and ML042330385).

III. Finding of No Significant Impact

    The staff has prepared an EA in support of the proposed license 
amendment to terminate the license and release the site for 
unrestricted use. The staff has found that the radiological 
environmental impacts from the proposed amendment are bounded by the 
impacts evaluated by NUREG 1496, Volumes 1-3, ``Generic Environmental 
Impact Statement in Support of Rulemaking on Radiological Criteria for 
License termination of NRC-Licensed Facilities'' (ML042310492, 
ML042320379, and ML042330385). The staff has also found that the non-
radiological impacts are not significant. On the basis of the EA, NRC 
has concluded that there are no significant environmental impacts from 
the proposed amendment and has determined not to prepare an 
environmental impact statement.

IV. Further Information

    Documents related to this action, are available electronically at 
the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this site, you can access the NRC's Agencywide 
Documents Access and Management System (ADAMS), which provides text and 
image files of NRC's public documents. The ADAMS accession numbers for 
the documents related to this notice are cited in the list of 
references, under EA Summary. If you do not have access to ADAMS or if 
there are problems in accessing the documents located in ADAMS, contact 
the NRC Public Document Room (PDR) Reference staff at 1-800-397-4209, 
301-415-4737, or by e-mail to [email protected].
    These documents may also be viewed electronically on the public 
computers located at the NRC's PDR, O-1-F21, One White Flint North, 
11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction 
contractor will copy documents for a fee.
    Please note that on October 25, 2004, the NRC suspended public 
access to ADAMS, and initiated an additional security review of 
publicly available documents to ensure that potentially sensitive 
information is removed from the ADAMS database accessible through

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the NRC's Web site. Interested members of the public may obtain copies 
of the referenced documents for review and/or copying by contacting the 
Public Document Room pending resumption of public access to ADAMS.

    Dated in Rockville, Maryland this 29th day of December, 2004. 
For the Nuclear Regulatory Commission.
Daniel Gillen,
Deputy Director, Decommissioning Directorate Division of Waste 
Management and Environmental Protection, Office of Nuclear Material 
Safety and Safeguards.
[FR Doc. 05-151 Filed 1-4-05; 8:45 am]
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