ML20198F085
| ML20198F085 | |
| Person / Time | |
|---|---|
| Site: | 07003073 |
| Issue date: | 12/05/1997 |
| From: | NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| To: | |
| Shared Package | |
| ML20198F067 | List: |
| References | |
| 70-3073-97-02, 70-3073-97-2, NUDOCS 9801090293 | |
| Download: ML20198F085 (11) | |
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. U. S. NUCLEAR REGULATORY COMMISSION REGION IV Docket No.: 70-3073 License No.: SNM 1999 Report No.: 70-3073/97-02 Licensee: Kerr McGee Corporation Kerr-McGee Center Oklahoma City, Oklahoma 73125 Facility: Cushing Site Location: Cushing, Oklahoma inspection Dates: October 14 21, 1997 Inspector: Louis C. Carson 11, Health Physicist Nuclear Materials Licensing Branch Approved by: Charles L. Cain, Chief Nuclear Materials Licensing Branch
Attachment:
Supplemental Information PDR
EXECUTIVE
SUMMARY
Kerr McGee Corporation, Cushing Site NRC Inspection Report 70 3073/97-02 This inspection :ncluded a review of the site status, management organization and controls, quality assurance program, waste management, and effluents and environmental monitoring.
Site Status and Decommissionina inspection Procedure for Fuel Cycle Facilities
- Full scale remediation and decontamination of contaminated areas will not begin until the NRC approves the licensee's decommissioning plan submitted in April 1994 (Section 1).
- The licensee's current remediation and decontamination activities included soil sampling and surveys, characterization of radioactive material storage areas, characterization of affected contaminated areas, non radiological remediation, and site maintenance (Section 1).
Manaaemant Oraanization and Controls
- The licensee's audits satisfied the requirements of 10 CFR 20.1101 and Section 10.6(G) of the licensee application regarding annual reviews of the radiation protection program content and implementation (Section 2).
- The Kerr McGet; Corporation and the Cushirsg site were aware of the Year 2000 computer issue and had reviewed the NRC Information Notice 96 70, " Year 2000 Effect on Coraputer System Software " The licensee was reviewing computer activities at the Cushing site to identify and resolve Year 2000 concems (Section 2).
Maintainina Effluents from Materials Facilities As low As is Reasonat,1v Achievable.
Environmental Protection. and Radioactive Waste Manaaement
- The level of radioactivity from site surface water and water that had been drained from a dike located wnhin a radioactive materials area was found to be well below 10 CFR Part 20, Appendix B, release limits (Section 3).
- The licensee and the Oklahoma Department of Environmental Quality determined that the cause of pollution around the Skull Creek property was not thorium or licensed material. Non radiological contamination was found to be present, and the licensee had initiated a program to investigate and monitor the source of the pollution (Section 3).
- In 1996, the licensee failed to collect soil samples at eight locations to determine the concentration oflicensed material in soil and failed to analyze groundwater samples at five groun&ater monitoring wells to determine the concentration of licensed material, gross al.n% and gross beta activity. These two examples were identified as a violation of Lice se Condition 11(K) which incorporated Section 10.3(E) of the license application dated September 25,1992. However, the safety significance of ,
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2-this violation was lessened because of the Cushing site's non-operating status and full remediation activities had not started (Section 3),
Incoection Follow-uo e An Unresolved item involving the licensee's failure to submit semiannual effluent reports pursuant to 10 CFR 70.59 required further review by the NRC's Office of General Counsel. Based on the Office of General Counsel's conc'usion that samlannual effluent reports are not required by this licensee, the Unresolved item has been closed - (Section 4),
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I Beport Details 1 Site Status and Decommissioning Inspection Procedure for Fuel Cycle Facilities (88104)
The NRC granted Special Nuclear Material License No. SNM 1999 to Kerr McGee
, Corporation for the Cushing site on April 6,1993. The license authorized possession of uranium and thorium onsite in concentrations above background levels. The license enabled Kerr McGee to possess contaminated soil, sludge, sediment, trash, building rubble, structures, and any other contaminated material at the Cushing site during remediation and disposal activities. Although non-radiological remediation is ongoing at the site, full scale radiological remediation and decontamination of contaminated areas has not begun pending NRC approval of the licensee's decommissioning plan submitted in April 1994. Licensed activities to date have included soll sampling and surveys, characterization of radioactive material storage areas, characterization of affected areas, and facility maintenance.
2 Management Organization and Controls (88005) 2.1 Inspectign Scope The licensee's management and quality assurance (QA) programs were reviewed by the inspector to ensure compliance with license conditions and regulatory requirements. Additionally, the Fcensee's efforts to resolve matters related to the Year 2000 computer software problem were reviewed.
2.2 Observations and Findinos
- a. Quaktv Assurance and Radiation Protection Proaram Audits Section 10.6(G) of the license application requires that Kerr McGee Corporation's compliance auditors audit the radiation safety procedures and records at least annually to access the effectiveness of the program. The inspector reviewed the Cushing site QA plan which stated that the onsite QA coordinator assures that periodic audits are conducted and are sufficient to verify that site plans and procedures are being fully implemented. The inspector reviewed the following QA audit reports;
- Cushing Annual Environmental Health and Safety (EH&S) Audit: Final Report, January 23,1997
- Radiation Protection Program Audit Report, September 12,1996 The Cushing EH&S audit dated January 23,1997, had been conducted by corporate personnel from Kerr McGee's Safety & Environmental Affairs Division. According to <
statements in the EH&S audit, the site QA coordinator was responsible for conducting radiation protection audits and assessments on a regular basis, and the site utilized a comprehensive " Radiation Safety Plan and Procedures Manual? The L lead auditor stated that a comprehensive radiation protection audit had been conducted at the Cushing Site by contracted auditors in 1996. The inspector
2 detemiined that the Septen ber 12,1996, radiation protection audit had been conducted by a certified health physicist that the QA coordinator and the Kerr-McGee Corporation had contracted. The inspector determined that the licensee's audit was comprehensive and independent. The inspector concluded that the audit satisfied the requirements of 10 CFR 20.1101 for annual radiation protection program reviews and met the intent of Section 10.6(G) of the licensee application.
- b. y3ar 2000 Computer Software issue.
The inspector concluded that the Kerr McGee Corporation had begun to evaluate the effect that the Year 2000 computer software problem would have on Cushing site computers being used forlicensed activities. The Cushing site EH&S auditor explained that the Kerr McGee Corporation has assigned a corporato vice president to this issue, and many resources hcVe been committed for resolution of the computer software issues. The project manager explalled that the Cushing site was aware of the Year 2000 concem, and that he had reviewed NRC Information Notice 96 70, ' Year 2000 Effect on Computer System Software.'
2.3 Conclusions The licensee's audits satisfied the requirements of 10 CFR 20.1101 and Section 10.6(G) of the licensee application regarding annual reviews and audit of the radiation protection program's content and implementation. The Kerr-McGee Corporation and the Cushing site were aware of the Year 2000 concem and had reviewed NRC Information Notice 96 70,
- Year 2000 Effect on Computer System Software."
3 Maintaining Effluents from Materials Facilities As Low As is Reasonably Achievable (87102) Environmental Protection (88035) Radioactive Waste Management (88035) 3.1 Insocction Scool The Cushing site has not begun full remediation and decontamination of contaminated areas. However, the licensee had committed to performing environmental monitoring for licensed material as described in the original license application. The inspector conducted tours onsite and offsite in selected areas
-adjacent to the Cushing site (Skull Creek). The inspector reviewed environmental, effluent, and radioactive waste programs to determine if those programs were being conducted in accordance with applicable regulations and the license.
3.2 Findinos and Observations
- a. Discussion
c The environmental and effluent sampling programs consisted of periodic groundwater, surface water, vegetation, and soil sampling. The inspector reviewed records of environmental surface water results from 1996 and 1997 for five locations around the site. The licensee had analyzed these five surface water samples for 4
thorium 228, -230, and 232 and uranium -234, 235, and 238. The inspector '
reviewed the radioisotopic analysis of water that had been drained from a dike loca'ed in e radioactivs material area that the licensee had dralned. The level of ,
radioactivity in the surface water and pond samples were well below 10 CFR Part 20, Appendix B, effluent concentration limits.
- b. Skull Creek Property Tckaround .
During this inspection, the inspector examined Skull Creek soil, surface water, and
. groundwater radiological and non radiological data that had been collected by both the Oklahoma Department of Environmental Quality (ODEQ) and the licensee. The inspector toured the Skull Creek area with the licensee and the property owner. The licensee and ODEO had analyzed Skull Creek samples for thorium-228, 230, and - ,
232; uranium -234, -235, and -238; gross alpha; and gross beta at different times in !
1998 and 1997. The results of both the ODEQ and licensee analyses indicated that radioactivity in the Skull Creek water and the soil samples taken east of the Cushing site were well below 10 CFR Part 20, Appendix B, effluent concentration limits and environmental criteria specified in the license, in several instances, gross alpha and gross beta radioactivity were detected; however, the isotopic analysis indicated no ,
detectable quantities of thorium and uranium in the samples. An ODEQ representative and the inspector measured the radiation level at one meter above ground at the Skull Creek property. The measured exposure rate was 8-12 microRoentgen/ hour, which was consistent with normal background levels.
Inspector's Tour During the offsite tour of the Skull Creek property, the property owner and the licensee showed the inspector where various water and soll samples had been collected. The inspector observed that water and soil discoloration (rusty-metallic) still existed in the sample areas. Licensee and ODEQ data indicated that non-radiological organic and inorganic pollutants existed in Skull Creek and the properties adjacent to the Cushing site. Pollutants found in the water and soil included hydrocarbons, arsenic, and lead. The licensee recently installed three groundwater monitoring wells on the western Cushing property boundary to determine if non-radiological pollutants have been seeping from the Cushing site.
When questioned by the inspector on this specific issue, the licensee and ODEQ representatives indicated that it was their belief that pollutants may be originating from an abandoned oil refinery located just north of the Skull Creek property. To reduce potential exposure to members of the public, the licensee has purchased 40 acres of the Skull Creek property. When the property title transfer occurs, the '
licensee will be able to better initiate environmental monitoring and cleanup activities of any radiological or non-radiological contaminants.
- i Summary Pollution around the Skull Creek property was determined not to be thorium or licensed material. Non-radiological contamination was found, and the licensee .
continJes to Investigate and monitor the origin of the pollution. The property has !
been purchased by the licensee to reduce the risk to public health, and the environment from Cushing's remediation activities.
- c. Effluent and Environmental Monitorina The inspector examined license and regulatory requirements regarding effluent and environmental monitoring. Section 10.3(E) of the license application requires, in part, that soil samples be collected at eight locations on an annual basis to ascertain the concentration of licensed material in tha soil. The inspector reviewed the licensee's files, databases, and sample logbooks for 1996 and 1997, and determined that the licensee had not collected soil samples at the eight locations to determine the concentration of licensed material in soil since 1995. The inspector identified this example of the licensee's failure to collect and analyze soil samples during 1996 as violation of License Condition 11(K), which incorporates Section 10.3(E) of the license application dated September 25,1992 (70-3073/9702-01).
Section 10.3(E) of the license application aiso requires, in part, that groundwater samples be obtained at five groundwater monitoring wells to determine the concentration of licensed material. Additionally, groundwatei samples are required to be analyzed on an annual basis for gross alpha and gross beta activity. The inspector reviewed the licensee's files, databases, and sample logbooks for 1996 '
and 1997 and determined that the licensee had not collected groundwater samples at the five groundwater monitoring wells to determine the concentration of licensed material since 1995. Additionally, no groundwater samples were collected or 4
analyzed for gross alpha and gross beta activity during 1996. The inspector identified the licensee's failure to collect and analyze groundwater samples during 1996 as a second examp'a of a violation of License Condition 11(K) which references the conditicas contained in Section 10.3(E) of the license application.
Licensee management did not have an explanation for the failure to collect and analyze the soil samples. Licensee management stated that they believed the reason for the fallv:e to analyze the groundwater samples was the staff's oversight in differentiating between sampling requirements for groundwater and surface water, The QA coordinator wrote a *Nonconformance Report
- to investigate this matter and take corrective action. On October 21,1997, the licensee informed the inspector that soil and grnundwater samples had been collected and shipped for analyses, i
Although full remediation of areas contaminated with radioactive material had not started at Cushing and the facility was tio longer operating, there exists a potential for surface water, groundwater, and soil contamination. While the Cushing site has remained in the standby for decommissioning and remediat:en status, the licensee's effluent and environmental monitoring program has been required to demonstrate compliance with 10 CFR 20.1301,20.1302, and Appendix B effluent concentration limits. However, the safety significance of this violation was lessened because the
Cushing site's current status. Nonetheless, the license specifies that Cushing must continue to monitor liquid effluents during intentional and unintentional releases from the site and collect and analyze samples of surface water, groundwater, vegetation, '
and soil on an annual basis to demonstrate compliance with 10 CFR Part 20 and the license. The inspector determined that in calendar year 1996 the licensee failed to demonstrate compliance with key elements of the Cushing site environmental monitoring program.
3.3 Conclusions The level of radioactivity in the surface water and impoundment were found to be well below 10 CFR Part 20, Appendix B, effluent concentration limits. The cause of the pollution around the Skull Creek property was found not to be thorium or licensed material. Non-radiological contamination was detected, and the license implemented a program that will continue to investigate and monitor the source of the pollution. In 1996, the licensee failed to collect soil samples at eight locations to determine the concentration of licensed material in soil and failed to analyze groundwater samples at five groundwater monitoring wells to determine the concentration of licensed material, gross alpha, and gross beta activity. These two examples were identified as a violation of License Condition 11(K) which incorporated Section 10.3(E) of the license application dated September 25,1992. However, the safety significance of this violation was lessened because the Cushing site's non-operating status and full remediation activities have not started.
4 Follow up (92701) 4.1 (Closed) Unresolved item (70-3073/9701-01): 10 CFR 70.59 Semiannual Effluent Esports Since April 1993, the licensee had not submitted semiannual effluent monitoring reports to the NRC as required by 10 CFR 70.59. Licensee management explained that since the site was undergoing decommissioning operations as opposed to processing, fabrication, scrap recovery, or conversion operation, they were excmpt from the requirements of 10 CFR 70.59. The inspector concluded that this matter required further review by the NRC's Office of General Counsel and the Low Level Waste and Decommissioning Projects Branch.
On June 20,1997, the NRC issued an intemal memorandum whereby the NRC's Office of General Counsel's concluded that an amendment to the license was unnecessary to exempt the licensee's from this requirements of 10 CFR 70.59, because the Cushing site is not in an operating status and does not possess and use licensed material.
Based on the NRC's Office of General Counsel's interpretation of the regulatory basis for 10 CFR 70.59, the Unresolved item is resolved and closed.
5 Exit Meeting Summary The inspector presented the inspection results on October 16,1997, to the
I representatives of the licentee at the conclusion of the on site inspection and during telephone conveisations conducted on October 20 and 21,1997. Licensee ..
representatives acknowledged the findings as presented. Licensee did not identify :'
as proprietary any information provided to, or reviewed by, the inspector.
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ATTACHMENT.
SUPPLEMENTAL INFORMATION PARTIAL LIST OF PERSONS CONTACTED L!C.tMt1 P. Defoggi, Quality Assurance Coordinator (Contractor)
T. Ostmeyer, Administrative Supervisor R. Jones, Health Physics Specialist J. Lux, Project Manager T. Moore, Radiation Safety Officer R. Pounds, Site Manager Slate of Oklahoma Department of Environmental Quality (ODEQ)
G. Smith, ODEO, Radiation Management Section D. Shults, ODEQ, Waste Management Section INSPECTION PROCEDURES USED IP 87102 Maintalning Effluents from Materials Facilities As low As is Reasonably 4
A:blevable (ALARA)
IP 88005 Management Organization Controls IP 88035 Radioactive Waste Management IP 88045 Environmental Monitoring IP 88104 Decommissioning Inspection Procedure for Fuel Cycle Facilities IP 92701 Follow up ITEMS OPENED, CLOSED AND DISCUSSED Opened 70 3073/9702 01 VIO Failure to collect and analyze environmental soll and groundwater samples in accordance with the license.
Closed 70 3073/9701 01 URI Failure to submit semlannual effluent monitoring reports as
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i specified in 10 CFR 70.59, piscussed ,
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LIST OF ACRONYMS ALARA As Low As is Reasonably Achievable l
,' CFR Code of Federal Regulations l ODEQ- _
Oklahoma Department of Environmental Quality ;
. PDR Public Document Room e
' QA __ Quality Assurance-SNM Special Nuclear Material i
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