ML23268A442

Cimarron Environmental Response Trust - Clarification of On-Site Disposal Vs. Soil Laydown Area

ML23268A442
Person / Time
Site:	07000925
Issue date:	09/15/2023
From:	Lux J Environmental Properties Management
To:	Miller R, James Smith Document Control Desk, Office of Nuclear Material Safety and Safeguards, State of OK, Dept of Environmental Quality (DEQ)
References
Download: ML23268A442 (1)

Text

September 15, 2023

Ms. Rachel Miller Oklahoma Department of Environmental Quality 707 North Robinson Oklahoma City, OK 73101

Mr. James Smith U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852-2738

Re: Docket No. 07000925; License No. SNM-928 Cimarron Environmental Response Trust Clarification of On-Site Disposal vs. Soil Laydown Area

Dear Recipients:

Solely as Trustee for the Cimarron Environmental Response Trust (CERT), Environmental Properties Management LLC (EPM) submits herein to the Oklahoma Department of Environmental Quality (DEQ) and the U. S. Nuclear Regulatory Commission (NRC) information related to a letter received from the DEQ dated August 24, 2023.

The DEQs letter states, DEQ would have no objection to the proposed amendments to clarify License Conditions 23 and 27(b), as long as NRC concurs. It then states, If the Licensee demonstrates the Soil Laydown Area meets the requirements for Unrestricted Release, then DEQ has no objection to the proposed changes to Decommissioning Plan Sections 6.5 and 6.7.2, at a time consistent with NRCs recommendation.

This letter is intended to clarify the distinction between the on-site disposal of contaminated soil authorized by License Condition 23 and the placement and disposition of soil that complies with the license criteria.

The On-Site Disposal Cell Section 6.5 of Facility Decommissioning Plan - Rev 3 (the D-Plan) proposed to delete License Condition 23, which had been included in License SNM-928 in Amendment 10, issued November 4, 1994. License Condition 23 authorized the licensee to bury up to 14,000 cubic meters (m3) (500,000 cubic feet) of soil contaminated with low-enriched uranium, in the 1981 Branch Technical Position (BTP) Option 2 concentration range, in the location described in the licensee's October 9, 1989, submittal to the NRC.

In 1994, the Cimarron site was divided into 16 Subareas, designated Subareas A through O.

Figure 1-2 of the D-Plan (included as Attachment 1) shows the boundaries of these Subareas.

9400 Ward Parkway

• Kansas City, MO 64114 Tel: 405-642-5152

• jlux@envpm.com is a portion of Drawing C002 of Appendix I-2 of the D-Plan. Attachment 2 shows the location of the on-site disposal cell as an orange rectangle (within Subarea N).

Disposal of Option 2 soil began in January 1995 and was completed in August 2001. This on-site disposal cell contains a total of approximately 450,000 cubic feet of soil containing an average uranium concentration of approximately 42 picocuries per gram (pCi/g). A full description of the placement and radiological characterization of soil placed in the on-site disposal cell is presented in the December 2001 BTP Option 2 On-Site Disposal Cell Report (ML20043F202).

Because the disposal of Option 2 soil in the on-site disposal cell is complete, this license condition is no longer needed, and Section 6.5 of the D-Plan proposes its deletion.

Disposition of Mixed Soil in the Soil Laydown Area According to Section 8.2.4 of the D-Plan, sediment from the 1206 Drainage (in Subarea H) will be excavated, placed in a soil laydown area (in Subarea G), and mixed with excess spoils generated during injection trench construction. The extents of sediment excavation within the 1206 Drainage are outlined in green in Attachment 2. The location of the soil laydown area is depicted on Attachment 2 as a blue polygon.

Subarea H has been released for unrestricted use. Data contained in Final Status Survey Report for Subarea H (ML20203M180) provides the data that demonstrates that the sediment in the 1206 Drainage contains an average of significantly less than 30 pCi/g uranium.

The soil laydown area is located in Subarea G. Data contained in Final Status Survey Report for Subarea G (ML20043F258) provides the data that demonstrates that the soil in Subarea G contains an average of significantly less than 30 pCi/g uranium.

In the February 16, 2011, license transfer order (ML110270371), the NRC stated, Final status surveys and confirmatory surveys have confirmed that Subareas G and N are releasable for unrestricted use, but NRC has determined that these areas should not be released until groundwater remediation is complete. EPM must ensure that moving subsurface soil from outside of Subarea G to the surface in Subarea G does not affect its status as releasable for unrestricted use.

Injection Trench GWI-WU-01 (outlined in red on Attachment 2) is located in Subarea M, which has been released for unrestricted use. Injection Trenches GWI-BA1-02, GWI-BA1-03, and GWI-BA1-04 (outlined in yellow on Attachment 2) are in Subarea F; out of nearly a thousand surface and subsurface soil samples collected in this area, not one yielded a uranium concentration greater than 30 pCi/g above background.

Mixing sediment with spoils from injection trenches should not ch ange the radiological status of the surface, but Section 8.2.4 of the D-Plan commits to performing a radiological survey of the soil mixture in the soil laydown area to demonstrate that it complies with the license criteria for

9400 Ward Parkway

• Kansas City, MO 64114 Tel: 405-642-5152

• jlux@envpm.com

unrestricted use. Excess spoils from extraction tren ch construction may also be mixed with this material so that all subsurface soil brought to the surface can be blended together for radiological survey.

It appears that the DEQ may have associated License Condition 23 (i.e., authorization to dispose of soil on-site) with the disposition of subsurface soil in the soil laydown area proposed in the D-Plan. EPM felt it would be beneficial to clarify that the exca vation, mixing, and placement of sediment and soil during the construction of groundwater remediation infrastructure has no relationship to License Condition 23, or to the on-site disposal cell.

If you have any questions regarding this clarification, it may be beneficial to schedule a virtual meeting to facilitate further explanation. Please notify me at jlux@envpm.com should you desire a meeting.

Sincerely,

Jeff Lux Project Manager

cc: (electronic copies only)

Stephanie Anderson and Linda Gersey, NRC Region IV Paul Davis, Keisha Cornelius, Pam Dizikes, David Cates, and Jonathan Reid, DEQ NRC Public Document Room vcpsubmittals@deq.ok.gov

9400 Ward Parkway

• Kansas City, MO 64114 Tel: 405-642-5152

• jlux@envpm.com

ATTACHMENT 1 Figure 1-2 from Facility Decommissioning Plan - Rev 3 Cimarron Site Showing Subareas

9400 Ward Parkway

• Kansas City, MO 64114 Tel: 405-642-5152

• jlux@envpm.com

ATTACHMENT 2 Excerpt from Appendix I-2, Drawing C002 Facility Decommissioning Plan - Rev 3 Overall Site Plan and Sheet Layout Key

9400 Ward Parkway

• Kansas City, MO 64114 Tel: 405-642-5152

• jlux@envpm.com

(7(7,7,7,7,7 (7(7

,7,7

,7,7,7,7