ML20217N724
| ML20217N724 | |
| Person / Time | |
|---|---|
| Site: | 07003085 |
| Issue date: | 03/27/1998 |
| From: | Rosenthal P External (Affiliation Not Assigned) |
| To: | Sobel P NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| References | |
| R98-033, R98-33, NUDOCS 9804090181 | |
| Download: ML20217N724 (7) | |
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BWX Technologi s, Inc.
Babcock & WHcox, a McDermott company B&W services, Inc.
P.o. Box 11165 Lynchburg, VA 24506-1165 (804) 522-6000 March 27,1998 R98-033 SNM-2001 Docket No. 70-3085 Ms. Phyllis Sobel, Project Manager Low Level Waste aad Decommissioning Projects Branch MailStop T7F-27 Division of Waste Management U.S. Nuclear Regulatory Commission i
Washington, DC 20555
Dear Ms. Sobel:
IE: PARKS SilALLOW LAND DISPOSAL, AREA (SLDA)
Reference:
(a) NRC letter (P. Sobel) to BWSI (P.R. Rosenthal), dated February 12,1998 i
' mis is in response to your letter of Reference (a) regarding the NRC's withdrawal of its Dran Environmental Impact Statement (DEIS) and other issues penaining to the Shallow Land Disposal Area (SLDA)in Parks Township, Armstrong County, Pennsylvania. BWS1 and ARCO hope that this response will assist in getting this project back on track so that we can move forward together.
IIISTORY in September 1994 aner much study, BWSI and ARCO submitted a Remediation Proposal to the NRC to address the long-term control of the SLDA. The NRC docketed the matter and treated it as a decommissioning subject to the NRC's Site Decommissioning Management Plan (SDMP). On December 29,1994, after a number of meetings and discussions, the NRC issued a Federal Register Notice ofIntent to prepare an Environmental Impact Statement for the decommissioning of the SLDA.
Over the following 33 months, the SLDA Project Management Team (PMT) responded to multiple requests for information from the NRC. The materials provided included the 1995 Field Work Report, a Geochemical Parameters Report, a Geomorphology Report, a Criticality Study, a Stabilization in Place Description and Performance Report, and various other reports and information.
This material supplemented the extensive characterization work that had been done prior to the development of the Remediation i
Proposal.
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In August,1997, the NRC issued a Draft Environmental Impact Statement, which contains-d the NRC staff's recommendation of a Modified Stabilization in Place remedy (MSIP). MSIP differed in several respects from the Stabilization in Place (SIP +B) remedy proposed ie the Remediation Proposal. BWS1 and ARCO attended a meeting shortly aner issuance of the DEIS to discuss with the NRC staff the path forward for the decommissioning of the SLDA under the SDMP guidance.
Within two weeks, the NRC withdrew the DEIS. Reasons for the withdrawal were not provided at the time although a letter stating these reasons was promised. The NRC specifically stated that no additional information was needed from the licensee for the DEIS.
On February 12,1998, the NRC issued a letter which suggested additional steps be taken in order to continue the DEIS process.
NEW NRC RULE In July 1997, a month before the NRC released the DEIS, the Commission issued a final rule entitled " Radiological Criteria for License Termination." In the rule, the NRC adopted new radiological criteria for license termination in 10 CFR Part 20, Subpart E, effective Augu:t 20,1997. The NRC letter dated February 12,1998 makes reference to certain paragraphs in this newly promulgated rule and suggests to BWSI and ARCO different approaches that are accommodated within the new rule. Specifically, the letter cites sections 10 CFR 20.1401(b), 20.1402, 20.1403, and 20.1404. Paragraphs 1402, 1403, and 1404 relate to decommissioning under the newly adopted rule. Paragraph 1401(b) identifies sites for which the newly adopted rule do not apply. This paragraph is i:. tended to permit sites well along in the process of decommissioning under the Site Decommissioning Management Plan to proceed under the existing process rather than under the provisions of the new rule.
As you are aware, the SLDA is one of the sites specifically included in the SDMP, and it has been in the SDMP process since the SDMP was originally established. BWSI and ARCO have worked cooperatively with the NRC since that time. The EIS is a component of the SDMP process. In the case of the SLDA, the EIS process began December 29,1994.
BWSI/ ARCO CONCLUSIONS Based on consideration of the provisions of the new rule, BWSI and ARCO conclude that the appropriate path forward should be composed of two elements:
- 1. The SDMP decommissioning process as envisioned in the provisions of section 20.1401(b) of the new NRC rule should be resumed.
- 2. Evaluation of the NRC staff's proposal, MSIP, as one decommissioning alternative, should be incorporated into a revision of the DEIS.
I These elements are further discussed below:
Grandfatherine Under the New Rule The history of the SLDA and of the new rule clearly demonstrate that the site falls within the group of sites intended to be addressed within Paragraph 1401(b). In fact, the 1
grandfathering provisions of 1401(b) were added to the proposed rule specifically to l
address situations like the SLDA.
Section 20.1401(b)(3) states that the new rule's provisions do not apply to licensees that
" submit a sufficient LTP or decommissioning plan before August 20,1998 and such LTP l
or decommissioning plan is approved by the Commission before August 20,1999 and in accordance with the criteria identified in the SDMP Action Plan, except that u an EIS is required in the submittal, there will be a provision for day-to-day extension."
The preamble to the rule makes it clear that the day-to-day extension applies to both the plan submittal date and the plan approval date. The Federal Register preamble at page 39080 notes that "there would be provisions for day-for-day extension [of the date limits for grandfathering] if an EIS is required in the submittal; i.e., if development of an EIS is required before NRC can reach a decision regarding the decommissioning, then the 12-month window for submitting an LTP or decommissioning plan would be extended by the same number of days required for the Commission to issue a record of decision."
Because the SLDA has been in the EIS process for several years, the Paragraph 1401(b) time limits for submittal and approval of a decommissioning plan should be extended on a day-for-day basis until the NRC issues a record of decision.
Evaluation of MSIP As stated above, in its draft EIS, the NRC identified an alternative not included in the BWSI and ARCO Remediation Proposal. This alternative was a modification of the BWSI and ARCO SIP +B (stabilization in place with mine backfill) alternative. The NRC DEIS refers to the additional alternative as modified SIP, or MSIP. This alternative embodies many of the aspects of SIP +B, but excludes some SIP +B engineered features.
As noted in the NRC letter and in eadie NRC statements, the analysis of the MSIP alternative was not developed in the DEIS to the same extent as other alternatives. Based on the analysis in the DEIS, BWSI and ARCO conclude that further arutlysis of the MSIP alternative is warranted. BWSI and ARCO plan to conduct further analysis of MSIP, incorporating additional modifications, if appropriate, and to submit the results of its evaluation to the NRC. This submittal may take the form of an amended Remediation Propc. al to support further EIS evaluation and to meet the requirements for grandfathered SDMP submissions.
l We believe that 10 CFR 20,1403 does not apply. Ilowever as previously discussed, we intend to continue to support the NRC's development of the DEIS under the SDMP process. As part of that process, BWSI and ARCO have planned and implemented a meaningful and consistent public involvement and education program which has been modeled after proven community relations programs implemented at both State and Federal remediation sites. Enclosure (1) provides further details on this existing and ongoing program. This enclosure is not intended to be an all-inclusive list of public outreach activities regarding the SLDA. Rather, it is intended to be indicative of the extensive efforts undertaken to date by BWSI and ARCO, especially during the time period beginning with the submittal of the SLDA Remediation Proposal.
The licensee has every intention of maintaining its prmctive approach to community involvement as this remediation effort progresses. Thi. will include at a minimum the following:
supporting NRC outreach, seeking comments from potentially affected e
parties; participating in the efforts of community-based organizations and other
{
e government agencies to discuss matters ofinterest; publishing a periodic newsletter on SLDA activities; e
maintaining the Information and Resource Center near the site.
e We must take this opportunity to point out that recent published statements by the NRC stafT unfortunately may have contributed to a degree of confusion on the part of the public regarding the SLDA and the remediation process. For example, the NRC press release issued 2/12/98 regarding the status of the DEIS incorrectly describes the contents of the trenches at the SLDA. The press release states " Radioactive material buried in trenches on site include natural uranium, enriched and depleted uranium, and lesser quantities of thorium, americium and plutonium".
This statement is factually incorrect in that no characterization efforts have identified the presence of either americium or plutonium as a part of the SLDA trench source term.
NRC staff should have been aware of this fact from the PMT submittals over the years which clearly state the characterization findings correctly.
We have long expressed our interest in working with the NRC to maintain the lines of communication with the community and other government agencies. At this point, we believe that it is imperative that the NRC dispel any misconceptions, regarding either the technical facts or the regulatory process, and re-establish an effective approach to get the project back on track. We look forward to assisting you in this effort.
This letter has raised a number ofissues which we feel should be discussed in a meeting between the licensee and the NRC. In order for these discussions to be most effective i
This letter has raised a number ofissues which we feel should be discussed in a meeting between the licensee and the NRC. In order for these discussions to be most effective and productive, we request that this meeting proceed under established protocols for discussions between the licensee and the Commission.
j We look forward to working with you to further our progress on these matters.
Sincerely, Philip R. Rosenthal Manager j
Licensing and Special Projects
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Enclosure:
(1) Parks Shallow Land Disposal Area Public Outreach Program i
cc: K. B. Schoen, ARCO
i O
PARKS SHALLOW LAND DISPOSAL AREA PUBLICOUTREACH ACTIVITIES Overview Since efforts to characterize and remediate the SLDA began, BWSI and ARCO have solicited public comment and encouraged public involvement in the process. The public outreach has consisted of multiple elements, including (1) establishing an Information and Resource Center (IRC) near the site, (2) publishing a periodical newsletter to update local officials and residents on site activities and to invite visits to the IRC, (3) maintaining copies of key site documents in locations convenient for public access, (4) inviting local officials to tour the site and hear presentations on the project, (5) hosting public meetings and other sessions to solicit and encourage public input, (6) visiting local community groups and leaders, (7) supporting and participating in Joint NRC/ Pennsylvania Department of Environmental Protection public meetings, (8) providing information to local media, and (9) issuing personal letters to area residents encouraging them to participate in public meetings and other elements of the decommissioning process.
In all contacts, extensive details about the characterization of the site, the alternatives considered, the Remediation Proposal (including specifics about remediation and institutional controls), and the Draft Environmental Impact Statement process, were discussed by the Project Management Team.
Specific Activities Since 1994 The IRC on River Road was opened in June 1994 to present the public with concise and clear explanations ofissues connected to the site characterization, the Remediation Proposal, the DEIS and related topics. The IRC houses explanatory displays, including a model of the SLDA showing the location of t e trenches and subsurface conditions. It h
also serves as a document repository, making nroject-related materials available for public inspection. The licensee announced the opening of the IRC, invitations were sent to area residents, and advertisements were placed on radio and in newspapers. BWSI and ARCO presented details of the Remediation Proposal to interested parties at two public meetings conducted on Thursday, Sept. 29,1994, at the IRC.
BWSI and ARCO sent letters to invite residents and officials in the community to three meetings sponsored by the Nuclear Regulatory Commission. The NRC-sponsored events included a public coordination meeting, a scoping meeting for the DEIS process, both in January 1995, and multiple rountable meetings in 1995 and 1996. In May 1996, BWSI and ARCO conducted an open house at the IRC for municipal officials across the region.
The presentation provided extensive details on the decommissioning process and gave public officials an opportunity to ask questions about the site.
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Beginning in mid-1996, the SLDA Project Team published a periodic Project Update Newsletter, which is sent to approximately 300 residents and community leaders throughout the area. Articles in the newsletter use laymen's language to describe the Remediation Proposal, the Draft Environmer.:al Impact Statement process and related issues. All communications from BWSI and ARCO directed to residents and officials of i
the area have included invitations to meet with project representatives or to tour the IRC and have encouraged residents to take part in the decommissioning process.
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