[Federal Register Volume 81, Number 43 (Friday, March 4, 2016)]
[Notices]
[Pages 11597-11600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04863]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 030-28641; NRC-2015-0054]
Department of the Air Force; Hill Air Force Base, Utah
AGENCY: Nuclear Regulatory Commission.
ACTION: Environmental assessment and finding of no significant impact;
issuance.
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SUMMARY: The Nuclear Regulatory Commission (NRC) is considering an
amendment to Master Materials License 42-23539-01AF, Docket No. 030-
28641, issued to the Department of the Air Force (the licensee). This
amendment will allow the licensee to decommission a former magnesium-
thorium alloy disposal trench at Hill Air Force Base, Utah, in
accordance with instructions provided in an NRC-approved
decommissioning plan. The NRC conducted an environmental impact
assessment in support of this licensing action. Based on the results of
this assessment, the NRC concluded that a Finding of No Significant
Impact (FONSI) is appropriate.
DATES: The license amendment will be issued on March 4, 2016.
ADDRESSES: Please refer to Docket ID NRC-2015-0054 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly-available information related to this document
using any of the following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0054. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS,
please contact the NRC's Public Document Room (PDR) reference staff at
1-800-397-4209, 301-415-4737, or by email to [email protected]. The
ADAMS accession number for each document referenced in this document
(if that document is available in ADAMS) is provided the first time
that a document is referenced.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Jack E. Whitten, Region IV, U.S.
Nuclear Regulatory Commission, 1600 E. Lamar Blvd., Arlington, TX
76011; telephone: 817-200-1197, email: [email protected].
SUPPLEMENTARY INFORMATION:
[[Page 11598]]
I. Introduction
The NRC is considering the issuance of an amendment to Materials
License 42-23539-01AF, issued to the Department of the Air Force
(licensee), to approve a proposed Decommissioning Plan (DP) for
remediation of a magnesium-thorium alloy burial pit located at Hill Air
Force Base, Utah. As required by part 51 of title 10 of the Code of
Federal Regulations (10 CFR), the NRC performed an environmental
assessment of the proposed activity. Based on the results of the
environmental assessment that follows, the NRC has determined not to
prepare an environmental impact statement for the license amendment,
and is issuing a Finding of No Significant Impact (FONSI).
A detailed Environmental Assessment (EA) for this project was
prepared by the NRC and can be found in ADAMS under Accession No.
ML16013A246. A summary of the environmental assessment is provided
below. In addition, the NRC staff analyzed the radiological and
industrial safety impacts to workers and the public. The resulting
Safety Evaluation Report can be found in ADAMS under Accession No.
ML16013A248.
Background Information
The U.S. Atomic Energy Commission (AEC) issued Source Material
License C-3650 (Docket No. 040-00204) to the Marquardt Aircraft Company
of Van Nuys, California, in January 1957 for possession of magnesium-
thorium alloy. In June 1961, Marquardt requested AEC approval to burn
machine chips and small pieces of magnesium-thorium scrap material in
trenches at the Little Mountain Test Annex (LMTA) at Hill Air Force
Base, Utah. Docket file records (ADAMS Accession No. ML16021A132)
indicate that 500 pounds (226.8 kilograms) of scrap alloy was buried in
June 1959, 1,500 pounds (680.4 kilograms) of alloy was buried in
February 1960, and 3,600 pounds (1,633 kilograms) of alloy was
incinerated within the burial pit in August 1961. No other records of
disposals were provided in the AEC's docket file.
In September 1961, License C-3650 expired, and License STB-434 was
issued to the licensee. The AEC subsequently terminated License STB-434
in April 1971. During the time frame that the two licenses were active,
regulation 10 CFR 20.304 allowed licensees to dispose of certain
radioactive wastes by burial. The AEC allowed License STB-434 to be
terminated in 1971 without consideration of the magnesium-thorium alloy
that had been incinerated and buried at LMTA. Effective January 28,
1981, approximately 10 years after termination of the license, NRC
regulations in 10 CFR part 20 were amended (45 FR 71761) to delete
Section 20.304.
In November 1993, an NRC inspector visited the LMTA to
independently ascertain whether the magnesium-thorium alloy burial
trench was still present at the facility (ADAMS Accession No.
ML16021A132). The inspector identified two apparent disposal pits,
based on changes in topography and changes in background radiation
exposure rates. In response, the licensee and its contractors conducted
five separate investigations from 1993-2013 to determine the extent of
surface and subsurface radiological contamination at the site. The
investigations confirmed that the surface and subsurface soils were
contaminated with thorium-232. The licensee estimated that the volume
of soil to be remediated was approximately 2,420 cubic yards (1,850
cubic meters), including swelling and over-excavation factors.
The licensee submitted a draft decommissioning Plan (DP) to the NRC
by Memorandum dated May 12, 2014 (ADAMS Accession No. ML14197A685).
This submittal included a final status survey plan and derived
concentration guideline level evaluation for Site WR-111, the
licensee's designation for the burial trench. In response to
preliminary comments from NRC staff, the licensee provided supplemental
information by Memorandum dated September 12, 2014. [The September 12,
2014, submittal contained non-publicly available information. The
submittal was redacted by the Air Force and re-released as publicly
available on December 18, 2014, ADAMS Accession No. ML15030A218]. This
supplemental information included a licensee request for a waiver from
the environmental impact assessment process.
In support of this request for a waiver, the licensee submitted an
environmental assessment (EA) and FONSI (ADAMS Accession No.
ML15030A218) to the NRC dated March 2014 involving a proposed emergency
power unit overhaul complex at the LMTA. This particular EA included
the area encompassing the magnesium-thorium decommissioning project at
LMTA, but this EA did not specifically address the proposed
decommissioning project at Site WR-111 itself. Citing regulation 32 CFR
part 989, appendix B, the licensee requested a categorical exclusion
from further analysis of those actions that are similar to other
actions which have been determined to have an insignificant impact in a
similar setting as established in an environmental impact statement or
an environmental assessment resulting in a FONSI. In other words, the
licensee requested a categorical exclusion from the environmental
assessment process for Site WR-111 based on the completion of a similar
EA and FONSI for the LMTA in March 2014.
The NRC staff acknowledges the licensee's request for a categorical
exclusion; however, NUREG-1748, Environmental Review Guidance for
Licensing Actions Associated with NMSS Programs (ADAMS Accession No.
ML032450279), Section 1.6.1, states that another agency's EA can be
adopted by the NRC, but the NRC is responsible for preparing its own EA
in accordance with the requirements of 10 CFR 51.32-35. The NRC must
prepare a site-specific EA and FONSI (as appropriate) to ensure that
the site-specific aspects have been addressed.
Facility Description
The LMTA is a 740-acre (300-hectare) facility managed by Hill Air
Force Base. The property is located approximately 15 miles northwest of
Hill Air Force Base in a remote section of Weber County, Utah. The
disposal trench (Site WR-111) is located in the southeastern corner of
LMTA. The area of the trench is estimated to be 170 feet (52 meters) by
170 feet (52 meters). There are no buildings or structures within or
immediately adjacent to the WR-111 site.
The current land use is military and industrial, with extensive
rangeland present around the property. Industrial properties are
located approximately 1 mile (1.6 kilometers) to the northeast of the
WR-111 site. The nearest residence is situated about 2 miles (3.2
kilometers) east of the site. The land use is not expected to change in
the near future, and the Federal Government plans to continue to
control the LMTA property for research and development activities.
The groundwater at the WR-111 site is reported to occur between 34-
57 feet (10.4-17.4 meters) below ground surface. Four monitoring wells
were installed around the site in 2006, in part, to determine if the
contents of the disposal trench have infiltrated into the groundwater.
The licensee's contractor sampled the wells in November 2006. Based on
these sample results, the licensee's contractor concluded that the
buried thorium waste was not leaching into the local groundwater.
[[Page 11599]]
II. Environmental Assessment
Description of the Proposed Action
The NRC's proposed action is to amend License 42-23539-01AF,
approving the proposed DP, as supplemented. The licensee would then be
authorized to conduct decommissioning as specified in the NRC-approved
DP. Concurrently with the approval of the DP, the NRC plans to approve
the licensee's proposed site-specific soil cleanup criteria and final
status survey plan.
The decommissioning work includes excavating the trench with heavy
equipment, packaging and transporting the excavated material to an
offsite location for permanent disposal, conducting radiological
surveys to confirm that the site has been completely remediated, and
backfilling the trench with clean material. After completion of
decommissioning, the NRC is expected to review the licensee's proposed
final status survey results and conduct an independent radiological
survey to confirm the licensee's final status survey results.
Need for the Proposed Action
The purpose of the proposed action is to reduce the residual
radioactivity at Site WR-111 to levels that allow release of the
property for unrestricted use. If the licensee conducts site
remediation in accordance with instructions provided in the DP, the
licensee will be in compliance with the radiological criteria for
license termination, as specified in regulation 10 CFR part 20, subpart
E. Approval of the DP would allow the NRC to fulfill its
responsibilities under the Atomic Energy Act to ensure protection of
the public health and safety and environment.
Environmental Impacts of the Proposed Action
In its EA and FONSI dated March 14, 2014, the Air Force summarized
the potential impacts of the proposed construction of four buildings
and demolition of two buildings at the LMTA to support the overhaul of
emergency power units used in fighter aircraft. The Air Force
identified and analyzed four environmental effects--air quality, solid
and hazardous wastes, biological resources, and water quality. The NRC
staff reviewed the licensee's environmental impact assessment with an
emphasis on the potential impacts that may occur while conducting
decommissioning work at Site WR-111.
The first environmental impact is air quality. This impact was
analyzed by the Air Force because the location of the project (Weber
County, Utah) is not in complete attainment status with Federal clean
air standards. For this reason, the Air Force attempts to control
emissions originating from Hill Air Force Base. The potential air
quality impacts resulting from decommissioning Site WR-111 would
include fugitive dust from ground disturbance and emissions from
construction/transportation equipment.
At Site WR-111, the primary short-term health hazard to site
workers is the potential for airborne radioactivity during excavation
remediation. In response, the licensee's contractor committed to
implement engineering controls to suppress dust and to conduct air
sampling. If the air samplers indicate the presence of airborne
radioactive dust, the work will be suspended until the cause of the
radioactive dust is identified and corrected. The contractor also
committed to cover soil piles as practical and use silt fencing as
needed. Another potential impact on air quality involves emissions from
equipment and vehicles that are used to excavate the trenches, ship the
radioactive wastes for disposal, and transport workers to and from the
jobsite. The NRC staff concluded that the overall air quality impact
will be minimal due to the limited duration of the project.
The second environmental impact is solid and hazardous wastes. The
licensee plans to manage and dispose of the radioactive wastes in
accordance with instructions provided in the DP and associated work
plan. Non-radioactive hazardous wastes are not expected to be
encountered during decommissioning. In addition, liquid hazardous
wastes are not expected to be created. The contractor will sample the
radioactive wastes for non-radiological hazardous waste constituents to
ensure that the wastes are acceptable for shipment to the chosen
disposal site.
The third environmental impact involves biological resources. At
the WR-111 site, the decommissioning work will result in temporary loss
of habitat and displacement of animal species, specifically, mule deer
and rodents. However, the footprint of the decommissioning project is
small, 1 acre (0.4 hectares), and the contractor and licensee plan to
restore the property after completion of work. Therefore, the short-
term decommissioning of Site WR-111 would have a minimal impact on
biological resources.
The fourth analyzed environmental impact involves water quality.
There are no surface water sources in the vicinity of the proposed work
area; therefore, the work should have no impact on surface waters. The
work should not have an impact on groundwater because the groundwater
table is below the depth of the excavation. There may be a potential
impact from storm water during work activities, but the contractor has
developed procedures to respond to potential rainwater runoff during
work activities.
The Air Force eliminated several issues from further study, such as
cultural resources. Cultural resources include archaeological,
architectural, and traditional cultural properties. In the Air Force's
assessment, it explained that four previous cultural surveys were
conducted in the area, and no cultural resources were identified. The
NRC staff noted that the location of the disposal trench had already
been disturbed; therefore, excavation of the radioactive material from
the trench will not result in the disturbance of any new area not
already disturbed.
Other issues eliminated from further study by the Air Force
included impacts on geology and surface soils, occupational safety and
health, noise, accident potential, airfield encroachment, and socio-
economic resources. The NRC staff reviewed these potential impacts and
concluded that none would be significantly affected by the
decommissioning of Site WR-111. For example, occupational safety and
health was eliminated from consideration because the contractor will
use trained individuals and approved procedures to control the work.
Environmental Impacts of the Alternatives to the Proposed Action
As an alternative to the proposed action, the staff considered
denial of the proposed action (i.e., the ``no-action'' alternative).
The no-action alternative assumes that the status quo is maintained.
With respect to the WR-111 site, the no-action alternative means that
the licensee would not be allowed to conduct decommissioning work, and
the disposal trench would continue to remain onsite at the LMTA.
The no-action alternative is not acceptable because it violates the
NRC's Timeliness Rule regulations that are specified in 10 CFR part
30.36. The Timeliness Rule requires licensees to decommission their
facilities in a timely manner when licensed activities have permanently
ceased. In addition, the radioactive contamination at Site WR-111
currently exceeds the radiological criteria for license termination as
specified in subpart E to 10 CFR part 20. Approval of the no-action
alternative would prevent the licensee from conducting decommissioning
work as necessary to release the site for
[[Page 11600]]
unrestricted use under subpart E requirements.
Agencies and Persons Consulted
In accordance with its stated policy, the NRC consulted with the
Utah Department of Environmental Quality, Division of Waste Management
and Radiation Control, regarding the environmental assessment and
safety evaluation impacts of the proposed action (ADAMS Accession No.
ML15338A187). On January 6, 2016, the State agency informed the NRC
that it had no comments on the proposed action (ADAMS Accession No.
ML16008B076).
As part of its 2014 environmental assessment process for the
overhaul complex, the Air Force consulted with local Tribes and the
Utah Division of State History. The Air Force provided documentation of
their responses as attachments to its EA. The Utah Division of State
History and the Hopi Tribe concurred with the finding of no adverse
impacts, and the Navajo Nation concluded that the proposed project
would not have an impact on Navajo traditional cultural properties
(ADAMS Accession Nos. ML15282A470 and ML15282A476). The NRC staff did
not consult with these State and tribal entities, due to the results of
the Air Force's consultations.
The NRC staff determined that the proposed action will not affect
listed species or critical habitats based on the results of previous
consultations provided by the Air Force to the NRC. Therefore, no
further consultations are required under Section 7 of the Endangered
Species Act. Likewise, the NRC staff determined that the proposed
action is not the type of activity that has the potential to cause
effects on historic properties, in part, because there are no
structures located at or adjacent to Site WR-111. Therefore, no further
consultation is required under Section 106 of the National Historic
Preservation Act.
III. Finding of No Significant Impact
The NRC staff concluded that the proposed decommissioning project
at Site WR-111 at Hill Air Force Base, Utah, will have a minimal impact
on the environment. The NRC staff considered air quality, solid and
hazardous wastes, biological resources, water quality, cultural
resources, and worker safety. In addition, the staff determined that
the affected environment and the environmental impacts associated with
the decommissioning of Site WR-111 are bounded by the impacts evaluated
by NUREG-1496, ``Generic Environmental Impact Statement in Support of
Rulemaking on Radiological Criteria for License Termination of NRC-
Licensed Nuclear Facilities'' (ADAMS Accession No. ML042310492).
Based on the analysis contained in this EA, the NRC staff concludes
that the proposed action will not have a significant effect on the
quality of the human environment and has determined not to prepare an
environmental impact statement for the proposed action. Accordingly,
the NRC has determined that a Finding of No Significant Impact (FONSI)
is appropriate.
Dated at Arlington, Texas, this 17th day of February 2016.
For the Nuclear Regulatory Commission.
Jack E. Whitten,
Chief, Nuclear Materials Safety Branch B, Division of Nuclear Materials
Safety, Region IV Office.
[FR Doc. 2016-04863 Filed 3-3-16; 8:45 am]
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