ML24115A242

Cimarron Environmental Response Trust - NRC Inspection Report 07000925/2024001

ML24115A242
Person / Time
Site:	07000925
Issue date:	04/25/2024
From:	Greg Warnick NRC/RGN-IV/DRSS/DIOR
To:	Hesemann J Cimarron Environmental Response Trust, Environmental Properties Management
Evans R
References
IR 2024001
Download: ML24115A242 (14)

Text

April 25, 2024

John Hesemann, Administrator Cimarron Environmental Response Trust c/o Environmental Properties Management, LLC 9400 Ward Parkway Kansas City, MO 64114

SUBJECT:

CIMARRON ENVIRONMENTAL RESPONSE TRUST - NRC INSPECTION REPORT 070-00925/2024-001

Dear John Hesemann:

This letter refers to the routine, announced the U.S. Nuclear Regulatory Commission (NRC) inspection conducted on April 16-17, 2024, at your former Cimarron Uranium Plant near Crescent, Oklahoma. This inspection examined activities conducted under your license as they relate to public health and safety, the common defense and security, and to confirm compliance with the Commissions rules and regulations and the conditions of your license. Within these areas, the inspection consisted of selected examination of procedures and representative records, observations of activities, tours of the site, measurements of radiation levels, and interviews with site personnel.

The inspection results were discussed with Jeff Lux, Project Manager, Environmental Properties Management LLC, and staff from Enercon Services, Inc., at the conclusion of the onsite inspection. No violations were identified, and no response to this letter is required.

In accordance with Title 10 of the Code of Federal Regulations Part 2.390 of the NRCs Agency Rules of Practice and Procedure, a copy of this letter, its enclosure, and your response if you choose to provide one will be made available electronically for public inspection in the NRC Public Document Room or from the Agencywide Documents Access and Management System (ADAMS), accessible from the NRC Web site at https://www.nrc.gov/reading-rm/adams.html.

To the extent possible, your response should not include any personal privacy or proprietary information so that it can be made available to the public without redaction.

J. Hesemann 2 Should you have any questions concerning this matter, please contact Dr. Robert Evans, Senior Health Physicist, at (817) 200-1234 or the undersigned at (817) 200-1249.

Sincerely, Gregory G. Warnick, Chief Decommissioning, ISFSI, and Operating Reactor Branch Division of Radiological Safety and Security Docket No. 070-00925 License No. SNM-928

Enclosure:

Inspection Report 070-00925/2024-001 w/

Attachment:

Supplemental Inspection Information cc:

K. Cornelius, ODEQ J. Lux, EPM Signed by Warnick, Gregory on 04/25/24

ML24115A242 SUNSI Review ADAMS Non-Sensitive Publicly Available Keyword:

By: RJE Yes No Sensitive Non-Publicly AvailableNRC-002 OFFICE SHP:DRSS/DIOR BC:DRSS/DIOR NAME RJEvans GWarnick SIGNATURE /RA/ /RA/

DATE 04/24/24 04/25/24 U.S. NUCLEAR REGULATORY COMMISSION REGION IV

Docket No. 070-00925

License No. SNM-928

Report No. 070-00925/2024-001

Licensee: Cimarron Environmental Response Trust

Location Inspected: Former Cimarron Uranium Plant Crescent, Oklahoma

Inspection Dates: April 16-17, 2024

Inspector: Robert J. Evans, PhD, CHP, PE, Senior Health Physicist Decommissioning, ISFSI and Operating Reactor Branch Division of Radiological Safety and Security Region IV

Approved by: Gregory G. Warnick, Chief Decommissioning, ISFSI and Operating Reactor Branch Division of Radiological Safety and Security Region IV

Enclosure EXECUTIVE

SUMMARY

Cimarron Environmental Response Trust NRC Inspection Report 070-00925/2024-001

The U.S. Nuclear Regulatory Commission (NRC) performed a routine, announced, onsite health and safety inspection on April 16-17, 2024, at the former Cimarron Uranium Plant near Crescent, Oklahoma. The inspection included observations of site activities, independent radiation surveys, review of records, and interviews with site personnel. In summary, the licensee was conducting decommissioning activities in accordance with regulatory and license requirements.

Decommissioning Inspection Procedure for Materials Licensees

• The licensees contractor conducted groundwater sampling activities in accordance with approved procedures. The contractor appropriately identified hazards and implemented necessary controls that were protective of the safety and health of the workers, the public, and the environment. The site radiation levels were generally low and were consistent with the work in progress. (section 1.2.a)

• The licensee implemented a radiation protection program that met the requirements of Title 10 to the Code of Federal Regulations (10 CFR) Part 20 and the license. The radiation protection program was commensurate with the risks involved based on current licensed activities. (section 1.2.b)

• The licensee maintained security and control of radioactive materials. The material was properly stored and areas posted in accordance with license and regulatory requirements.

(section 1.2.c)

• The licensee stored radioactive wastes in accordance with site and regulatory requirements.

One shipment was made since the last inspection, and the shipment complied with license and regulatory requirements. (section 1.2.d)

• The licensee conducted environmental monitoring in accordance with license and procedural requirements. The licensee reported the results in annual reports to the NRC. Public doses were indistinguishable from background levels. (section 1.2.e)

• The licensees organizational structure and staffing levels met the requirements specified in the license and were sufficient for the work in progress. The licensee implemented the As Low As Is Reasonably Achievable (ALARA) committee, annual audit, and quality assurance programs in accordance with license and regulatory requirements. Recent changes were made in accordance with the performance-based license. (section 1.2.f)

• The licensee did not conduct any final status surveys since the last inspection; therefore, this program area was not evaluated. (section 1.2.g)

2 Report Details

Site Status

Kerr-McGee Nuclear Corporation previously operated a fuel production facility at the Cimarron site. Uranium fuel was produced under NRCs Special Nuclear Material (SNM) license SNM-928, while mixed oxide fuel was produced under SNM-1174. The facility operated from 1966 until 1975 when operations permanently ceased. The plant was placed in standby in 1976, and decontamination and cleanup activities began in 1977. The mixed oxide fuel license SNM-1174 was subsequently terminated in 1993. License SNM-928 remains in effect to support the remainder of site decommissioning.

License SNM-928 transferred from Kerr-McGee Nuclear Corporation to Sequoyah Fuels Corporation in 1985 and then to the Cimarron Corporation in 1988. The license was subsequently transferred to the Cimarron Environmental Response Trust in 2011.

Amendment 21 of the license, dated February 14, 2011, was in effect at the time of this inspection (Agencywide Documents Access and Management System [ADAMS] Accession Nos.

ML110270371 and ML110270373).

The owner controlled area currently consists of approximately 500 acres including 330 acres of rolling hills and 170 acres of floodplain. The licensee currently leases three quarters of an acre of property that was previously sold. This leased property includes the licensees current office.

The site was divided into 15 subareas; all but three subareas have been released by the NRC for unrestricted use. Subareas F, G, and N remain under the NRC license until groundwater remediation has been completed. These three subareas include subsurface areas where groundwater concentrations exceed the site-specific release criteria for total uranium. The three areas are referred to as burial area #1, western alluvial area, and western upland area.

The licensee submitted a decommissioning plan to the NRC on December 31, 2015 (ML16194A333), describing how it would remediate the groundwater. In response to NRC comments on the decommissioning plan, the licensee submitted revised decommissioning plans in 2018 (ML18323A195), 2021 (ML21076A456), and 2022 (ML22284A145). The NRC completed an acceptance review of revision 3 of the decommissioning plan in March 2023 (ML23074A100).

Revision 3 of the decommissioning plan is currently under NRC review.

At the time of the inspection, the site was in standby. Site activities included routine surface water and groundwater sampling, radiological surveys, environmental monitoring, training, and periodic (annual) program audits. Routine site maintenance activities, including mowing, was performed as needed. During the onsite inspection, the licensees contractor was conducting annual groundwater and surface water sampling in accordance with license and procedural requirements.

1 Decommissioning Inspection Procedure for Materials Licensees (Inspection Procedure 87104)

1.1 Inspection Scope

Determine if licensed decommissioning activities were being conducted in accordance with NRC requirements as specified in regulations and the license. Verify if the licensees

3 materials decommissioning program is implemented in a manner to ensure the safety and health of workers, the public, and protection of the environment.

1.2 Observation and Findings

a. Observation of Decommissioning Activities (RM-01)

The inspector observed annual groundwater sampling. Prior to sampling, the contractor conducted a pre-job briefing. The pre-job briefing included discussion of worker safety, emergency response actions, and plans for collecting the 29 groundwater samples and two surface water samples. The inspector observed the collection of two groundwater samples (western upland area well 1351 and burial area #1 well 02W35) and one surface water sample (upstream river sample 1201).

The inspector reviewed site procedures, interviewed contractor representatives, and observed activities in progress. Activity plan 2024-01, 2024 Annual Environmental Monitoring, dated March 11, 2024, provided the instructions for the sampling event including the radiation protection requirements. In addition to the 31 routine water samples, the contractor collected three duplicate samples for quality assurance (QA) purposes. The contractors conducted sampling using the guidance provided in Cimarron site sampling and analysis procedures SAP-103, revision 8, Surface Water Sampling, and SAP-104, revision 9, Groundwater Sampling. In addition, the inspector reviewed and discussed with site representatives two supporting procedures related to radiation protection including RP-DI-20, revision 6, Radiological Surveys During Groundwater Sampling Activities, and SAP-107, revision 6, Sample Equipment Decontamination. In summary, the contractor collected the samples in accordance with site procedures. The site procedures were noted to be well written and provided detailed instructions for the work performed.

During site tours, the inspector conducted independent radiological surveys using a Ludlum model 19 micro-Roentgen meter (NRC No. 33033, calibration due date of 7/10/24, calibrated to radium-226). With an outdoor background of 7-8 micro-Roentgen per hour (µR/hr), the radioactive material stored in the office ranged from background to 200 µR/hr. The onsite disposal area, referenced in License Condition 23, measured 8-9

µR/hr. The concrete foundation slab measured about twice background. The inspector also conducted spot-checks of areas where groundwater sampling was conducted. In these areas, the gamma radiation levels were observed to be at background levels. No area was identified that met the definition of a radiation area (5,000 µR/hr).

b. Occupational Radiation Protection (RM-02)

License Condition 26 requires the licensee to implement a radiation protection program in accordance with the radiation protection plan (RPP). The licensee submitted revision 4 of the RPP to NRC in April 2022 (ML22193A243). At the time of the inspection, the licensees representatives were implementing the radiation protection program in accordance with the instructions provided in the RPP.

The inspector reviewed the occupational monitoring program. The licensee discontinued occupational monitoring in 2006, as allowed by 10 CFR 20.1502, but continued to conduct area monitoring in the occupied portions of the site to confirm the 2006 decision.

At the time of the inspection, the licensee used area monitoring to estimate doses to

4 onsite workers. Worker doses were documented in annual radiation protection surveillance reports. The inspector reviewed the reports for 2022 and 2023. The reports confirmed that onsite doses were small fractions of the regulatory limits and that individual monitoring was not required. The inspector confirmed that no occupational worker was likely to receive a dose greater than 500 millirem per year, the dose limit specified in 10 CFR 20.1502 for individual monitoring.

The licensee made two changes to the occupational monitoring program since the last inspection in July 2022 (ML22217A025). The first change was the relocation of the control dosimeter. Based on the results of previous exposure records, the licensee relocated the control dosimeter from the office to the lunchroom. The lunchroom was determined to be a better location for background measurements. The second change involved the number of dosimeters in place in the field. In October 2022, the licensee removed the dosimeters that were deployed at burial area #1 and the haul road to the area. The licensee made the change since the proposed treatment facility at burial area

1. 1 was removed from the decommissioning plan. The data collected in the areas where the dosimeters were removed will still be used as background data for future groundwater cleanup activities.

The inspector reviewed the licensees routine survey and contamination control programs. The programs are described in section 10 of the RPP. The licensee conducted surveys in the office and restricted areas that were routinely occupied. There were no routinely occupied restricted areas at the time of the onsite inspection. The licensee conducted monthly surveys, or upon entry if entries were greater than monthly, in the radioactive material areas. The inspector also reviewed the survey records for two tanks that were disassembled, surveyed, and released in mid-2022. The records for calendar years 2022 and 2023 indicate that there were no contamination control issues.

The inspector reviewed the licensees programs for instrumentation and training as described in section 13.2 and section 2.3 of the RPP, respectively. The licensee had sufficient instrumentation in calibration for the work being conducted. Training was commensurate with the onsite duties of the workers. The licensees contractors retained records demonstrating that individuals who worked at the site received training that was corresponding with their assigned duties.

The inspector reviewed the licensees implementation of activity plans as described in section 9.2 of the RPP. Activity plans were used to support non-routine sampling, monitor well maintenance and repairs, and abandonment of wells. The licensee issued 18 activity plans since 2022. The plans were randomly reviewed and were consistent with RPP requirements.

During the site tours, the inspector observed postings and access controls. At the time of the inspection, the licensee had three posted radioactive material areas. There were no radiation areas within the controlled area. All radioactive material areas were posted as required by 10 CFR 20.1902 and section 8.3 of the RPP.

c. Security and Control of Radioactive Material (RM-03)

At the time of the inspection, fences and gates appeared to be in good working order per License Condition 27.d. The locations with radioactive material were posted with caution signs per 10 CFR 20.1902. The permanent markers (cairns) for the four corners of the

5 disposal cell were being maintained per License Condition 23.b. Site security was being maintained per RPP section 8.2 and License Condition 27.d. In summary, the licensees contractors continued to maintain site security and control in accordance with license and regulatory requirements.

The licensee possessed several calibration and check sources used for daily checks of radiation survey instruments. These sources and the associated survey meters were stored in a locked closet per RPP section 11.5 requirements. The source containers and closet were both appropriately posted as containing radioactive material. In summary, the radioactive material was being maintained in accordance with license and 10 CFR 20.1801 requirements. All site personnel who have access to the calibration and check sources were current in their radiation safety training.

d. Waste Generation, Storage and Transportation (RM-04)

The licensee and its contractor have not generated or shipped any waste since the previous inspection. The inspector verified that the waste that was in storage was still onsite, and access to the waste was controlled. The licensee is currently storing waste in accordance with RPP section 11 and regulatory requirements. The inspector measured the exposure rates for the stored waste and confirmed compliance with regulatory requirements for exposure rates.

The licensee made one shipment since the last inspection, the shipment of calibration sources for recertification. The requirements for shipments are provided in section 11.4 of the RPP. The shipment records complied with Department of Transportation requirements. The licensees contractors included an individual with current function specific training for shipment of radioactive material.

e. Public Dose, Effluent Releases and Environmental Monitoring (RM-05)

The environmental monitoring program requirements are provided in section 15 of the RPP. The current program consisted of surface and groundwater monitoring and direct radiation monitoring. The results are submitted to the NRC on an annual basis per section 15.2.2 of the RPP. The inspector reviewed the results for 2022 (ML24089A146 and ML24089A148) and 2023 (ML23282A003).

The licensees contractor annually collected groundwater samples from 29 onsite wells and two surface water samples from the Cimarron River. The water samples were analyzed for uranium, gross alpha and beta radioactivity, fluoride, and nitrate/nitrites. The release criteria for total uranium is 180 picocuries of uranium per liter of water as specified in License Condition 27.b. The results for 2022-2023 indicate that sample results from certain wells continue to exceed the release criteria suggesting that these subsurface areas required remediation to meet the release criteria. The surface water samples were not collected in 2023 due to unsafe, high water conditions. However, neither of the two surface water samples collected in 2022 exceeded the release criteria.

In addition to sampling of the 29 wells, the contractor measured the depth to water levels in all wells. At the time of the inspection, the site had 198 wells which required level measurements.

In October 2019, the licensee deployed dosimeters at various locations to establish the baseline background radiation levels prior to commencing with future decommissioning

6 activities. The information was also used to supplement the licensees data for worker and public doses. At the time of the inspection, the licensee monitored radiation levels at 11 locations around the proposed western area treatment facility. The licensee reduced the number of monitored locations from 18 to 11 at the end of September 2022 as allowed by section 15.3 of the RPP. As noted earlier, the licensee suspended dosimeter sampling at the planned burial area #1 treatment facility and the haul road since this particular facility was dropped from the decommissioning plan.

The licensee was not required to report the ambient gamma radiation results to the NRC in the annual report, but the licensee provided the results to the inspector during the inspection. The average results at each location ranged from 25-27 millirem per quarter.

The results were consistent with background levels.

The licensees contractor conducted public dose assessments. The assessment was documented in the annual radiation protection surveillance reports mentioned above. The licensee concluded that site activities conducted in 2022-2023 did not result in any member of the public receiving more than the regulatory limit of 100 millirem as specified in 10 CFR 20.1301(a). This conclusion was based on dosimeter readings, routine surveys, prohibition on drinking site water, and lack of airborne radioactivity in the last two years.

f. Management Organization and Control (RM-06)

The organizational requirements are provided in section 3 of the RPP. The inspector compared the program in place at the time of the inspection to the organizational structure provided in RPP figure 3-1, Cimarron Environmental Response Trust Organization. The licensee was the Cimarron Environmental Response Trust.

Environmental Properties Management, LLC, was the trustee who reported to the trust administrator. Three contractor organizations worked for the trustee including Enercon Services, Inc., Burns & McDonnell Engineering Co., and Veolia Nuclear Solutions-Federal Services. Enercon provided staff for day-to-day activities and license compliance, Burns & McDonnell provided engineering support, and Veolia Nuclear Services provided support for procurement of equipment for groundwater remediation.

The licensee and its trustee had filled each of the required positions with qualified individuals. Contractors were used as needed to support onsite activities, including routine water sampling and site maintenance. Sufficient staff were available to implement license-required activities.

The licensee made one change in the organizational structure since the last inspection. In November 2023 (ML23317A315), the licensee notified the NRC of a change in trust administrators. The previous administrator planned to retire at the end of 2023, and a new trust administrator was assigned to the project.

Section 4.3 of the RPP requires the licensee to establish an As Low As Is Reasonably Achievable (ALARA) committee. The ALARA committee met quarterly to discuss radiation safety issues. The inspector reviewed the meeting minutes for the final quarterly meetings in 2022 and 2023 that included the annual assessments. The topics discussed included ALARA dose goals and the effectiveness of the ALARA program.

7 10 CFR 20.1101(c) requires the licensee to periodically (at least annually) review the radiation protection program content and implementation. Details about the audit requirements are provided in section 5.2 of the RPP. The 2022-2023 audits were conducted by the QA coordinator. The inspector reviewed the annual audits and noted that the audits included evaluations of occupational exposures, radiation survey results, public doses, and training. No deficiencies were identified by the auditor, but a number of recommendations were provided for licensee consideration and implementation.

The RPP references quality and QA in several different sections of the RPP. The licensee implemented a QA program as documented in QAPP-001, revision 3, Cimarron Site Quality Assurance Program Plan. Section 20 of the plan states that the QA coordinator was responsible for planning and executing internal and external audits and surveillances. The inspector noted that the QA coordinator, a contractor for the licensee, was implementing the audit and surveillance program.

License Condition 27.e allows the licensee to make changes to the NRC-approved decommissioning plan and RPP without NRCs approval, if these changes are consistent with the ALARA principle and the decommissioning process. All changes shall be approved by the Cimarron ALARA Committee. License Condition 27.e.3 requires, in part, that the licensee provide in an annual report to the NRC a description of all changes, tests, and experiments made or conducted and a summary of the safety and environmental impact of each action. The inspector reviewed the annual reports for 2022 (ML23066A038) and 2023 (ML24068A089 and ML24109A171) and discussed the reports with the licensees representatives during the onsite inspection.

The licensee made one change to the annual environmental monitoring program in accordance with the process described in License Condition 27.e. The licensee notified the NRC of the planned changes by letter dated March 1, 2024 (ML24061A239). The proposed change involved a reduction in the analytical requirements for groundwater and surface water samples as specified in section 15.2 of the RPP. The licensee proposed to reduce the analytical requirements to isotopic uranium mass concentrations for all locations to verify compliance with License Condition 27.b requirements (release criteria of 180 picocuries per liter total uranium). The proposed change was approved by ALARA committee on April 16, 2024, and would be effective for the sampling event that was in progress during the inspection. The purpose of the change, in part, was to reduce the costs for sample analyses.

Finally, the licensee notified the NRC of the final results for a test and experiment that occurred between 2017 and 2023 involving the use of an organic slurry during construction of a groundwater extraction trench. The slurry could have impacted groundwater flow in the area of the trench. The licensee conducted a study and sampling to determine the impacts of the slurry on groundwater flow. The licensee submitted the final report to the NRC on January 17, 2024 (ML24017A055). The report concluded that the use of a slurry in 2017 will not significantly impact the duration of groundwater remediation at the location of the trench in burial area #1, and that additional test/experiment sampling was not recommended. Thus, the licensee considers this topic closed and does not plan to take any further action on the topic.

g. Final Status Surveys (RM-07)

8 The licensee and its contractor did not conduct any final status surveys since the last inspection, therefore, this program area was not assessed.

1.3 Conclusions

The licensees contractor conducted groundwater sampling activities in accordance with approved procedures. The contractor appropriately identified hazards and implemented necessary controls that were protective of the safety and health of the workers, the public, and the environment. The site radiation levels were generally low and were consistent with the work in progress.

The licensee implemented a radiation protection program that met the requirements of 10 CFR Part 20 and the license. The radiation protection program was commensurate with the risks involved based on current licensed activities.

The licensee maintained security and control of radioactive materials. The material was properly stored and areas posted in accordance with license and regulatory requirements.

The licensee stored wastes in accordance with site and regulatory requirements. One shipment was made since the last inspection, and the shipment complied with license and regulatory requirements.

The licensee conducted environmental monitoring in accordance with license and procedural requirements. The licensee reported the results in annual reports to the NRC.

Public doses were indistinguishable from background levels.

The licensees organizational structure and staffing levels met the requirements specified in the license and were sufficient for the work in progress. The licensee implemented the ALARA committee, annual audit, and QA programs in accordance with license and regulatory requirements. Recent changes were made in accordance with the performance-based license.

The licensee did not conduct any final status surveys since the last inspection; therefore, this program area was not evaluated.

2 Exit Meeting Summary

The inspector presented the inspection results to the licensees representatives at the conclusion of the onsite inspection on April 17, 2024. During the inspection, the representatives did not identify any information reviewed by the inspector as proprietary.

9 SUPPLEMENTAL INSPECTION INFORMATION

Partial List Of Persons Contacted Licensee Personnel

C. Beatty, QA Coordinator, Enercon Services, Inc.

T. Brautigam, Subject Matter Expert, Enercon Services, Inc.

R. Lantz, Subject Matter Expert, Enercon Services, Inc.

J. Lux, Project Manager, Environmental Properties Management, LLC R. Lynch, Health Physics Technician, Enercon Services, Inc.

J. Maisler, Radiation Safety Officer, Enercon Services, Inc.

B. Moore, Activity Leader, Enercon Services, Inc.

Oklahoma Department of Environmental Quality

C. Cornelius, Environmental Programs Manager J. P. Davis, Environmental Programs Specialist L. Dooley, Environmental Attorney R. Miller, Environmental Programs Specialist

Inspection Procedure (IP) Used

IP 87104 Decommissioning for Materials Licensees

Items Opened, Closed and Discussed

Opened None

Closed None

Discussed None

List of Acronyms

ADAMS Agencywide Documents Access and Management System ALARA As Low as is Reasonably Achievable CFR Code of Federal Regulations IP Inspection Procedure

µR/hr micro-Roentgen per hour NRC U.S. Nuclear Regulatory Commission QA quality assurance RPP Radiation Protection Plan RM inspection risk module SNM special nuclear material

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