ML20206G155
| ML20206G155 | |
| Person / Time | |
|---|---|
| Site: | 07003073 |
| Issue date: | 05/05/1999 |
| From: | Brown S NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Lux J KERR-MCGEE CORP. |
| Shared Package | |
| ML20206G158 | List: |
| References | |
| NUDOCS 9905070105 | |
| Download: ML20206G155 (4) | |
Text
J.i' ; ', 2 f Ktt k UNITED STATES j [ NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. Snaas "1
\(n.l# May 5, 1999 MrcJeff Lux Kerr-McGee Corporation Kerr-McGee Center P.O. Box 25861
- Oklahoma City, OK 73125
Dear Mr. Lux:
- In letters dated August 30 and October 24,1996, you requested to have property (the four unaffected areas and the haul road corridor area) released, for unrestricted use, from the Cushing Refinery Site (Cushing) License No. SNM-1999. These earlier requests were revised by your letter dated November 6,1998.- In that letter you requested that only Unaffected Area 1; the portion of Unaffected Area 2 south of Skull Creek; Unaffected Area 3; Unaffected Area 4; and the portion of the haul road corridor area south of Skull Creek and partially surrounded by Unaffected Areas 2,3, and 4 (hereafter referred to as requested release areas (RRA)) be released for unrestricted use. The boundary of the licensed area excluding the RRA is shown in Figure 1, " Cushing Site Map Showing Licensed Site Area," of the November 6,1998, letter.
The unrestricted use guidelines applicable to RRA are the Option 1 guidelines in the 1981 Branch Technical Position, " Disposal or Onsite Storage of Thorium or Uranium Wastes From Past Operations" (46 EB 52061)(1981BTP). The 1981 BTP Option 1 guidelines are .
10 pico-curies per gram (pCi/g) for thorium and 30 pCi/g for enriched uranium, in the April 1992 "SDMP Action Plan" (57 fB 13389), the Commission instructed the staff to use the 1981 BTP guidelines, and ALARA, as the unrestricted criteria for decommissioning.' ,
independent confirmatory surveys were conducted in the four unaffected areas and the haul road corridor area by an NUCLEAR REGULATORY COMMISSION contractor, the Oak Ridge -
Institute for Science and Education (ORISE) ORISE performed a confirmatory survey of the four unaffected areas during the period of September 11 through 13,1995, and a confirmatory survey of the haul road corridor area during the period of August 26 through 29,1996. The results of the ORISE confirmatory surveys were provided to NUCLEAR _ REGULATORY COMMISSION in " Confirmatory Survey for the Four Unaffected Areas of the Cushing Refinery
~ Site," dated May 1996, and " Confirmatory Survey for the Haul Road Corridor at the Oklahoma Refinery Site," dated December 1996. ORISE's results were consistent with both of the licencee's final survey reports, and support the conclusion that the four unaffected areas and the haul road corridor area meet the 1981 BTP guidelines.
1 In addition, NUCLEAR REGULATORY COMMISSION performed an environmental assessment /
- of the proposed unrestricted release of the RRA and made a " Finding of No Significant impact", f which was published in the Federal Register on April 1,1999. Enclosure 1 contains the Environmental Assessment, Finding of No Significant Impact, and Notice of Opportunity for a Hearing - Release of Portion of Cushing Refinery Site for Unrestricted Use" (64.EB 15831).
! 9905070105 990505 PDR ADOCK 07003073i '
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1' .,$..J. Lux- I Accordingly, License No. SNM-1999 is em:;nded as follows:
- 10. Authorized Place of Use: The existing facilities, as defined in Figure 1 of a November 6,1998, lettar, of Kerr-McGee Corporation, Safety and Environmental Affairs Division, P.O. Box 89, Cushing, OK 74023. Location: Two miles North - State highway 18, % mile East - Deep Rock Road.
11.N Except as specifically provided otherwise in this license, the licensee will conduct its program in accordance with statements, representations, and conditions l containteo in a letter dated September 25,1992, as supplemented on December 18,1992, January 14,1993, February 23,1993, August 26,1993, ,
January 5,1994, February 9,1996, and November 6,1998. '
All other conditions of the license will remain the same. Enclosure 2 contains the revised License No. SNM-1999, which incorporates Amendment No. 9. NRC will not require any additional decommissioning of the RRA in response to future NRC criteria or standards, except in the event that additional contamination or noncompliance with remediation commitments is found indicating a significant threat to public h9alth and safety.
In accordance with the Commission's policy, the Oklahoma State official was notified of the proposed issuance of this amendment. The State official had no comments.
Should you have any questions, please do not hesitate to contact me at (301) 415-6605.
Sincerely,
[ Original signed by:]
Stewart W. Brown, Project Manger Decommissioning Branch Division of Waste Management Office of Nuclear Material Safety And Safeguards Docket No. 70-3073
' License No. SNM-1999
Enclosures:
- 1. 64 fB 15831, dated 3/26/99
- 2. License Amendment No. 9 f
cc w/encis: Kerr-McGee, Cushing distribution list TICKET: n/a ,/ k DISTRIBUTION: Central FileV - DCB r/f NMSS r/f RJohnson PUBLIC /M (?cd$ Yhr
- SEE PREVIOUS CONCURRENCE DOCUMENT NAME: S:\DWM\DCB\SWB\CUSHLA9.WPD OFC DCB* _ RIV* DCB* OGC* DCB*
NAME SBrown BSpitzberg TCJohnson STreby JHickey DATE 5/6/99 4/16/99 4/20/99 5/5/99 4/21/99 OFFICIAL RECORD COPY LSS: YES ,,,__ . ' NO ,,,X_
ACNW: YES' NO_X_ i IG: . YES __ NO X Delete file after distribution YES NO h ,5
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J. Lux- Accordingly, License No. SNM-1999 is amended as follows:
- 10. Authorized Place of Use: The existing facilities, as defined in Figure 1 of a November 6,~1998, letter, of Kerr-McGee Corporation, Safety and .
Environmental Affairs Division, P.O. Box 89, Cushing' OK 74023. Location: Two miles North - State highway 18, % mile East - Deep Rock Road.
11.N Except as specifically provided otherwise in this license, the licensee will conduct its program in accordance with statements, representations, and conditions contained in a letter dated September 25,1992, as supplemented on December 18,1992, January 14,1993, February 23,1993,' August 26,1993, January 5,1994, February 9,-1996, and November 6,1998i All other conditions of the license will remain the same. Enclosure 2 contains the revised License No. SNM-1999, which incorporates Amendment No. 9. NRC will not require any additional decommissioning of the RRA in response to future NRC criteria or standards, except in the event that additional contamination or noncomoliance with remediation commitments is found indicating a significant threat to public health and safety.
In accordance with the Commission's policy, the Oklahoma State official was notified of the proposed issuance of this amendment.~ The State official had no comments.
Should you have any questions, please do not hesitate to contact me at (301) 415-6605.
. Sincerely, h ^=2 Stewart W. Brown, Project Manger Decommissioning Branch Division of Waste Management Office of Nuclear Material Safety And Safeguards Docket No. 70-3073 1 License No. SNM-1999
Enclosures:
- 1. - 64 FB 15831, dated U26/99 2 License Amendment No. 9 i i
cc w/encia: Kerr-McGee, Cushing distribution list l
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ENCLOSURE 1 4
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. . l L-l U.S. NUCLEAR REGULATORY COMMISSION l DOCKET NO. 70-3073
[ LICENSE NO. SNM-1999 KERR-McGEE CORPORATION - ENVIRONMENTAL ASSESSMENT, FINDING OF NO 1
SIGNIFICANT IMPACT, AND NOTICE OF OPPORTUNITY FOR HEARING - RELEASE l OF PORTION OF C'USHING REFINERY SITE FOR UNRESTRICTED USE BACKGROUND: The U.S. Nuclear Regulatory Commission (NRC) is considering the Kerr- i 1
McGee Corporations's (Kerr-McGee or the licensee) request to have property released, for unrestricted use, from the Cushing Refinery Site (Cushing) License SNM-1999. This action is taken in response to Kerr-McGee's license amendment requests, dated August 30,1996, and October 24,1996, to release the four unaffected areas and the haul road corridor area for unrestricted use and to remove the areas from the license. These earlier requests were revised by the licensee's letter dated. November 6,1998. In that letter, the licensee requested that only Unaffected Area 1, the portion of Unaffected Area 2 south of Skull Creek, Unaffected Area 3, Unaffected area 4, and the portion of the haul road corridor area south of Skull Creek and partially surrounded by Unaffected Areas 2,3, and 4 (hereafter referred to as requested released areas (RRA)) be released for unrestricted use. The boundaries of the licensed areas excluding the RRA are shown in Figure 1," Cushing Site Map Showing Licensed Site Area," of the November l
6,1998, letter.
' Introdaction:
. On April 6,1993, NRC issued Materials License SNM-1999 authorizing possession of contaminated soil, sludge, sediment, trash, building rubble, and any other contaminated material,
- at the licensee's Cushing site. The site contains four large areas, designated as the four unaffected areas, that were used for oil refining and storage during the years that nuclear I-F -
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processing and disposal took place. The haul road corridor mea ;c located on portions of the site l that were used for petroleum refining during the years that nuclear material processing was performed. We haul roads located within the haul road corridor area are intended for transporting waste material during site remediation.
The licensee initially requested that the four unaffected areas and the haul road corridor be removed from the license and released for unrestricted use. The licensee revised its earlier
- requests to limit the areas to be removed from the license and released for unrestricted use to the RRA.
Proposed Action:
The proposed action is the release for unrestricted use, and the removal from License SNM-
' 1999, the RRA. The proposed boundary of the licensed areas excluding the RRA is shown in the l
licensee's letter dated November 6,1998, Figure 1," Cushing Site Map Showing Licensed Site !
Area."
The Need for Proposed Action:
i The licensee seeks to release property that is currently under license for unrestricted use.
This action is requested to remove the current limitations on the future use of the property.
Alternatives to Proposed Action:
The only alternative to the proposed action is to not release this area for unrestricted use and L- . keep the area under license until all site radiological remediation is completed and the Cushing license is terminated.- The environmental benefit of maintaining an NRC license for this portion L
of the Cushing Refinery, Site is negligible, but would reduce options for future use of the prop Gy.
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t L' - EnvironmentalJustice:
There are no environmentaljustice issues associated with thic proposed action.
I 'EnvironmentalImpact of Proposed Action:
4 An unaffected area, as defined in NUREG/CR-5849, " Manual for Conducting Radiological
.. Surveys in Support of License Termination," is an area not expected to contain residual radioactivity from licensed operations. The unrestricted use guidelines for enriched uranium and natural thorium are the Option 1 values in the 1981 Branch Technical Position on " Disposal or Onsite Storage of Thorium or Uranium Wastes From Past Operations"(46 ER 52061). The )
Option 1 guidelines are 30 picoCuries per gram (pCi/g) for enriched uranium and 10 pCi/g for nattiral thorium.
The licensee performed final status surveys in the four unaffected areas and submitted the results to NRC in the " Final Radiation Survey of Four UnafTected Areas of the Cushing Refinery Site," dated April 17,1995. Gamma radiation scans, gamma exposure rate measurements, soil radioactivity concentration measurements, and surface radioactivity survey were performed in each of the four unaffected areas. As a result of the surveys and analysis, one area of about one meter in diameter on the surface of the ground was found to be contaminated with Th-232. This spot was designated as a radioactive materials area and was removed from the areas that the licensee considered part of the four unatTected areas. The licensee's survey report provided data
. that indicated that the four unaffected areas meet NRC's guidelines for unrestricted use.
'Ihe licensee performed final status surveys in the haul road corridor area and submitted the L .
( results to NRC in the " Final Radiation Survey of Haul Road Corridor," dated May 30,1996. The results of the exposure rate surveys of the haul road corridor area indicated that no location was 1
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more than 10 micoRoentgen per hour ( R/ht) above background. Gamma scans located areas of elevated activity. Biased soil samples were collected from these areas and analyzed using
. gamma spectroscopy. As a result of the analysis, two areas were designated as radioactive materials areas and were removed from the areas that the licensee considered part of the haul road corridor area. This licensee survey report provided data that indicated that the haul road corridor area meets NRC's guidelines for unrestricted use. 1 1
At the request of NRC, its contractor, the Oak Ridge Institute for Science and Education (ORISE), perfonned a confirmatory survey of the four unaffected areas during the period of September 11 through 13,1995, and a confinnatory survey of the haul road corridor area during the period of August 26 through 29,1996. The results of the ORISE confirmatory surveys were provided to NRC in " Confirmatory Survey for the Four Unaffected Areas of the Cushing I Refinery Site," dated May 1996, and " Confirmatory Survey for the Haul Road Corridor at the
' Oklahoma Refinery Site," dated December 1996.
For both the four unaffected areas and the haul road corridor area, ORISE performed scan j surveys of 50 to 100 percent of the surface area of each selected survey unit. ORISE also performed exposure rate measurements for at least five systematic locations within each survey !
unit. In addition, ORISE collected 20 soil samples from the four unaffected areas, and collected more than 60 surface soil samples and three subsurface soil samples from the haul road corridor area. '
Concentrations of radionuclides in the soil samples from the four unaffected areas survey units are as follows: less than 0.1 to 0.5 pCi/g for U-235; 0.3 to 3.0 pCi/g for U-238; 0.6 to 9.0 pCi/g for Th-228; and less than 0.8 to 10.0 pCi/g for Th-232. One small area of thorium, in
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- ' excess of the guidelines (9.0 pCi/g of Th-228 and 10.0 pCi/g of Th-232), is in unaffected area number 2. This area of elevated thorium levels, surveyed by ORISE, is the same area that the licensee designated as a radioactive materials area (about 400 m2 ) after it performed its final I
radiation survey. Thus, this small radioactive materials area is not part of the licensee's request j for unrestricted ' release. Of the areas that ORISE surveyed that were part of the licensee's request for unrestricted release, the concentrations of radionuclides in the soil samples are as follows: 0.6 to 3.8 pCi/g for Th-228; and less than 0.8 to 3.0 pCi/g for Th-232. The soil samples are within the. Option I soil guideline for enriched uranium and natural thorium. Further, the portion of the haul road corridor that is being considered for release from the license would service only equipment transportation, at most, Option 1 material.
Concentrations of radionuclides in the soil samples from the haul road corridor area survey l
units are as follows: less than 0.8 pCi/g for U-235; less than 2.9 pCi/g for U-238; 0.5 to
- 2.9 pCi/g for Th-228; and less than 0.4 to 2.8 pCi/g for Th-232. For comparison purposes, radionuclide concentrations in background soil samples are as fallows: less than 0.1 pCi/g for U-235; 1.0 to 1.6 pC!/g for U-238; 0.5 to 1.0 pCi/g for Th-228; and 0.6 to 0.9 pCi/g for Th-232.
4 The soil samples yielded results indicating only background or slightly above background
.' concentrations of uranium and thorium. The soil samples are within the Option I soil guideline !
for enriched uranium and natural thorium.
NRC considered the pstential for contamination of areas within the haul road coMdor once NRC authorized the licensee to conduct activities within the haul road corridor without
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- implementation of the Cushing Radiation Safety procedures relamJ to training.' The staff agreed with the licensee that the Cushing Radiation Safety Program which requires all material and equipment be surveyed before leaving a " radioactive materials area" would provide' reasonable assurance that the haul road corridor area would not become contaminated as a result of decommissioning activity.2 Groundwater under the Cushing site can be found in one of three water-bearing zones. The -
water-bearing zones are the shallow water-bearing zone (unconsolidated soil and the upper portion of the Vanoss Group), the lower portion of the Vanoss Group, and Vamoosa-Ada aquifer.
The Vamoosa-Ada aquifer is the regional groundwater aquifer. The licensee notes that it appears that there is not a significant groundwater flow between the shallow water-bearing zone and the lower portion of the Vanoss Group. Further, the licensee notes that the Vamoosa-Ada aquifer is isolated from the uppermost water-bearing zone by low-permeability strata within the Vanoss.
Thus, the Vamoosa-Ada aquifer is unaffected by surface activities. The licensee based this finding on an evaluation of environmental tritium.
The State of Oklahoma, Department of Environmental Quality (DEQ)2 found the following:
(1) the shallow groundwater unit yields low quantities of poor quality water; (2) it is highly unlikely that future residential or commercial drinking water wells will be established from the i
lett*r to Stuai* isic] Brown, NRC, from Jeff Lux, Kerr McGee Corporation, dated August 30,1996.
8 Letter to Jeff L'ux, Kerr McGee Corporation, from Stewart Brown, NRC, dated October 22,1996.
8 Lettor to Jeff Lux, Kerr McGee Corporation, from Darrell Shults, DEQ, dated September 19,1997.
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. 7-shallow groundwater at this site; and (3) no known drinking water wells are screened in the Vanoss within a one-mile radius of the site. Further, DEQ stated that the Vanoss should not be considered a viable drinking water source for the area and that DEQ would consider water quality standards other than maximum contamination levels as set by the U.S. Environmental Protection Agency (EPA) as appropriate for the shallow groundwater at this site. Further, based
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d on EPA's guidance the Vanoss groundwater would be classified as a Class III - Groundwater Not a Potential Source of Drinking Water and of Limited Beneficial Use.
The staff has reviewed the site potentiometeric surface map of the upper zones and found that i all portions cf the RRA are up-gradient of any known significant sources of contamination.
Accordingly, it is very unlikely that the groundwater in these areas could have been contaminated. The assumption is supported by the results of the licensee's groundwater monitoring of several wells located either in the four unaffected areas orjust down-gradient of !
these areas. The licensee provided these sampling results in its letter dated November 6,1998.
Based on its review of that data, the staff found no indication of groundwater contamination.
The Other Industrial Waste (01W) disposal cell is located within the RRA. Material from the l remediation of Waste Acid Sludge Pit 4 (Pit 4) that meets NRC's Option I criteria for unrestricted release will be disposed ofin the OIW. NRC reviewed this disposal activity as part ofits review of the Pit 4 remediation plan. On September 3,1998, NRC approved the Pit 4 remediation plan, License Amendment No. 8.
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- " Guidelines for Ground-Water Classification Under the EPA Ground-Water Protection Strategy,' Final Draft, dated November 1986, Office of Water, EPA.
-5 Figure 2.5,"Potentiometeric Surface Map of the Upper Zone," Kerr-McGee Coipoieuen's Site Decommissioning Plan Cushing, Oklahoma, dated August 1998.
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l Finally, a ditch in site grid blocks 132,133, and 140 was filled with rubble from ref'mery demolition. Also, placed into this ditch were concrete blocks from the thorium processing
! building slab. The licensee in its letter dated November 13,1998, provided the final survey data l of these concrete slab blocks. Based on its review of these data NRC found that the concrete slab blocks met NRC's criteria for unrestricted release.'
ORISE's confirmatory survey results support the licensee's position that the four unaffected i areas and the haul road corridor area meet NRC's unrestricted use criteria. Further, the licensee's groundwater monitoring sampling program results demonstrate that the groundwater under the RRA is not contaminated. Therefore, NRC finds that because the NRC's unrestricted release criteria have been met for these areas, there is no significant impact on the environment, and this portion of the property can be released for unrestricted use.
Other Agencies or Persons Consulted:
l This environmental assessment was prepared entirely by NRC. No other sources were used beyond those referenced in this environmental assessment. NRC provided a draft of this environmental assessment to DEQ for review. DEQ had no comments or suggestions on this l environmental assessment.7
Conclusions:
NRC finds that because the Commission's unrestricted release criteria have been met, there is no significant impact on the environment, and the property can be released for unrestricted use, l
- U.S. Nuclear Regulatory Commission, " Guidelines for Decontamination of Facilities and Equipment Prior to Release for Unrestricted Use or Termination of License for Byproduct, Source, or Special Nuclear Material," dated August 1987.
7 Letter to Stewart Brown, NRC, from H. A. Caves, DEQ, dated March 2,1999.
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. Finding of No Significant Impact:
The Commission has prepared an Environmental Assessment related to the proposed unrestricted release, and removal from License SNM-1999, of the RRA on the Cushing Refinery Site,in Cushing Oklahoma. On the basis of the Environmental Assessment, the Commission has l
~ concluded that this licensing action would not significantly effect the quality of human !
environment and has determined not to prepare an environmental impact statement for this - !
proposed action. !
I The above documents related to this proposed action are available for public inspection and l
copying, at the Commission's Public Document Room in the Gelman Building,2120 L Street !
N.W., Washington, DC.
Opportunity for a Hearing:
. NRC hereby provides notice that this is a proceeding on an application for a license amendment within the scope of Subpart L, Informal Hearing Procedures for Adjudication in l Materials Licensing Proceedings, of NRC's rules and practice for licensing proceedings, of NRC's rules and practice for domestic licensing proceedings in 10 Code of Federal Regulations (CFk) Part 2. Pursuant to Q2.1205(a), any person whose interest may be affected by this proceeding may file a request for a hearing in accordance with %2.1205(d). A request for a hearing must be filed within thirty (30) days of the date of publication of this Federal Renister l
notice.
The request for a hearing must be filed with the Office of the Secretary either:
- 1. By delivery to Docketing and Service Branch of the Office of the Secretary at One White Flint North,11555 Rockville Pike, Rockville, MD 20852-2738; or L
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- 2. By mail or telegram addressed to the Secretary, U.S. Nuciear Regulatory Commission, Washington, DC 20555. Attention: Docketing and Service Branch.
In addition to meeting other applicable requirements of 10 CFR Part 2 of the NRC's regulations, a request for a hearing by a person other than an applicant must describe in detail: I l
The interest of the requestor in the proceeding: 1 1
- 1. How that interest may be affected by the results of the proceeding, including the reasons why the requestor should be permitted a hearing with particular reference to factors set j outin 2.1205(h);
- 2. The requestor's areas of concern about the licensing activity that is the subject matter of the proceeding; and
- 3. The circumstances establishing that the request for a hearing is timely in ac'cordance with j
2.1205(d).
In accordance with 10 CFR 1205(f), each request for a hearing must also be served, by delivering it personally or by mail, to:
- 1. The applicant, Kerr-McGee Corporation, Kerr-McGee Center, P.O. Box 25861, Oklahoma City, OK 73125, Attention: Mr. Jeff Lux, and 3
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- 2. The NRC staff, by delivery to the Executive Director for Operations, One White Flint L North,11555 Rockville Pike, Rockville, MD 20852, or by mail, addressed to the l Executive Director for Operations, U.S. Nuclear Regulatory Commission, Washington, l
' DC 20555. 4 dA .
Dated at Rockville, Maryland, thisp day of March 1999. '
i FOR THE U.S. NUCLEAR REGULATORY COMMISSION John W. N. Hickey, Chief '
Low. Level Waste and Decommissioning Projects Branch Division of Waste Management
. Office of Nuclear Material Safety i
, and Safeguards
ENCLOSURE 2
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