Environmental Assessment and Finding of No Significant Impact Related to Incorporating the Decommissioning Plan for the Michigan Department of Natural Resources (Mdnr) Bay City, MI, Tobico Marsh Site Into the License, 40065-40068 [E5-3679]
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Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Notices
Summit Hill Drive, Knoxville,
Tennessee, 37902, attorney for the
licensee.
For further details with respect to this
action, see the application for
amendments dated June 25, 2004, and
supplements dated February 23 and
April 25, 2005, which are available for
public inspection at the Commission’s
PDR, located at One White Flint North,
Public File Area O1 F21, 11555
Rockville Pike (first floor), Rockville,
Maryland. Publicly available records
will be accessible electronically from
the ADAMS Public Electronic Reading
Room on the Internet at the NRC Web
site, https://www.nrc.gov/reading-rm/
adams.html. Persons who do not have
access to ADAMS or who encounter
problems in accessing the documents
located in ADAMS should contact the
NRC PDR Reference staff by telephone
at 1–800–397–4209, 301–415–4737, or
by e-mail to pdr@nrc.gov.
Dated in Rockville, Maryland, this 1st day
of July, 2005.
For the Nuclear Regulatory Commission.
Eva A. Brown,
Project Manager, Section 2, Project
Directorate II, Division of Licensing Project
Management, Office of Nuclear Reactor
Regulation.
[FR Doc. E5–3680 Filed 7–11–05; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
II. Environmental Assessment
[Docket No. 40–09015]
Environmental Assessment and
Finding of No Significant Impact
Related to Incorporating the
Decommissioning Plan for the
Michigan Department of Natural
Resources (Mdnr) Bay City, MI, Tobico
Marsh Site Into the License
Nuclear Regulatory
Commission.
AGENCY:
Environmental Assessment and
Finding of No Significant Impact.
ACTION:
FOR FURTHER INFORMATION CONTACT:
David Nelson, Project Manager,
Materials Decommissioning Section,
Decommissioning Directorate, Division
of Waste Management and
Environmental Protection, Office of
Nuclear Material Safety and Safeguards,
U.S. Nuclear Regulatory Commission,
Mail Stop T7E18, Washington, DC
20555. Telephone: 301–415–6626; fax
number: 301–415–5397; e-mail:
dwn@nrc.gov.
SUPPLEMENTARY INFORMATION:
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16:15 Jul 11, 2005
I. Introduction
The Nuclear Regulatory Commission
(NRC) is considering issuing a license
amendment to Material License No.
SUC–1581 issued to the Michigan
Department of Natural Resources
(MDNR), to incorporate the Tobico
Marsh State Game Area
Decommissioning Plan (DP) for the
MDNR, Bay City, Michigan, Tobico
Marsh site into the License. SUC–1581
was issued in 1999 authorizing MDNR
to possess on-site radioactive materials
related to the decommissioning of the
MDNR Tobico Marsh site. In a letter
dated April 2, 2003, MDNR requested
that the Tobico Marsh State Game Area
DP be incorporated into the licensee. On
January 30, 2004, MDNR submitted a
revised DP (Revision 1) and in a letter
dated December 20, 2004, MDNR
proposed additional changes to Revision
1. The license will be amended to
include all of the revisions and changes
described in the January 30, 2004, and
December 20, 2004, letters.
If the NRC approves the amendment,
the DP will be incorporated into the
MDNR License. The NRC has prepared
an Environmental Assessment (EA) in
support of this proposed action in
accordance with the requirements of
Part 10 of the Code of Federal
Regulations (10 CFR) Part 51. Based on
the EA, the NRC has determined that a
Finding of No Significant Impact
(FONSI) is appropriate.
Jkt 205001
Background
The site is a small part of the former
(now closed) industrial waste disposal
area locally known as the Hartley &
Hartley Landfill. The industrial waste
disposal facility, which opened in the
mid-1950’s, was originally operated by
the Hartley family and is estimated to
have received 18,000 barrels of spent
solvents, oils, and other liquid and solid
wastes for disposal during the 1960’s
and early 1970’s. Foundry waste
containing low levels of naturally
occurring radioactivity in the form of
magnesium-thorium slag was also
disposed of at the site beginning in
1970. By 1973, disposal activities on site
had ceased.
Currently, the Hartley & Hartley
Landfill industrial disposal site is
treated as two separate sites (the MDNR
site and the SC Holdings, Inc site) after
having been subdivided. In a formal
land exchange concluded in 1973, the
Hartleys conveyed land to the State of
Michigan that included approximately
three acres where waste disposal had
previously occurred in return for lands
bordering their industrial waste site.
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The 3-acre portion, now known as the
MDNR site, is part of the State of
Michigan property which is known as
the Tobico Marsh State Game Area.
The 3-acre portion was an area where
the Hartley’s mined (excavated) a former
beach-ridge sand deposit. The
excavation resulted in surface
depressions flooded with surface water
and near-surface ground water.
Industrial wastes, including drums,
spent solvents, oils and other liquid and
solid wastes were disposed of in the
excavations. In addition to these
materials, magnesium-thorium slag
containing naturally occurring thorium
(Th) was also disposed of in the
excavations beginning in 1970. The slag,
thought to have been generated by
Wellman Dynamics at a site within Bay
City, Michigan, was a byproduct of
casting and foundry operations
involving magnesium-thorium alloys.
In 1984, to contain the chemical
wastes and preclude the potential
migration of chemical (non-radioactive)
contaminants beyond those areas
already impacted by the disposal, a
bentonite slurry wall was placed around
the disposal area and covered with a 1.5
m (5 ft) thick clay cap. The slurry walls
and cap formed a cell which contained
the chemical wastes, as well as the slag
containing magnesium-thorium alloys.
A small building and adjacent
concrete pad, which are still in place,
were constructed on-site after the slurry
walls and clay cover were installed. A
leachate collection and treatment
system (LCTS) was installed within the
cell and slurry walls. The small building
was designed to house the LCTS
controls. The building has been used to
stage survey equipment and temporarily
store potentially radiologically
contaminated waste generated during
previous on-site surveying activities.
The LCTS was designed by the
Michigan Department of Environmental
Quality (MDEQ) to withdraw liquid
non-radiological contaminants
(leachate) from the waste cell to prevent
hydrostatic pressure in the cell from
building to a point that chemical
contaminants would leak from the cell.
In the past, there was no noticeable
buildup of pressure within the cell. The
LCTS was never operated and, MDNR
believes that liquid levels within the
cell will not build to the point where
operation of the LCTS is needed.
The primary radioactive source term
within the cell is comprised of pockets
of vitreous, thorium-bearing slag that lie
in a lens that is approximately 5 to 6
feet below the ground surface. A clay
cover (approximately 5 feet thick at the
center of the cell) overlays the ground
surface. On August 26, 1999, the NRC
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issued Source Material License No.
SUC–1581 to MDNR authorizing
possession of the thorium-bearing slag
and decommissioning of the site. Prior
to 1999, the site had never been
licensed.
On April 2, 2003, MDNR submitted a
DP for the site. The DP outlined
decommissioning activities including
the removal of the building, the adjacent
concrete pad and the above-grade
components of the LCTS. Following
those activities, the site would be
released for unrestricted use as specified
in 10 CFR 20.1402 and the radioactive
materials license would be terminated.
The NRC staff determined that the
submittal was incomplete, and on
January 30, 2004, MDNR submitted a
revised and updated DP (Revision 1).
On August 27, 2004, the NRC staff
transmitted a letter to MDNR requesting
additional information (RAI) related to
Revision 1. In a December 20, 2004,
letter, MDNR responded to the RAIs and
provided supplemental information to
the Revision 1 DP that indicated the onsite building, concrete pad and abovegrade components of the LCTS would
not be removed but would remain
intact.
The Proposed Action
The proposed action is to amend
Source Materials License No. SUC–1581
to incorporate the revised DP into the
license. The revised DP proposes that
the on-site building, adjacent concrete
pad and LCTS remain in place and
intact and all residual radioactivity be
contained within the on-site engineered
cell. With regard to the radiological
materials, the site will be released for
unrestricted use.
Need for the Proposed Action
The proposed action is to amend
Source Materials License No. SUC–1581
to conduct activities on-site that would
lead to the release of the MDNR Tobico
Marsh State Game Area site located at
2301 Two Mile Road, Bay County,
Michigan, for unrestricted use. The
licensee’s action of leaving the
radiological material (the thoriumbearing slag) in place within the cell
conforms with the NRC regulation that
the dose to the average member of the
critical group is below the requirements
in 10 CFR 20 Subpart E for unrestricted
release before license termination. The
licensee needs the license amendment
to incorporate the revised DP into the
license. NRC is fulfilling its
responsibilities under the Atomic
Energy Act to make a decision on a
proposed license amendment for
incorporation of a revised DP into the
license and to ensure the protection of
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16:15 Jul 11, 2005
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public health and safety and the
environment.
Alternatives to the Proposed Action
The NRC staff and MDNR considered
four alternatives for the
decommissioning plan: (1) Complete
removal of the waste cell contents (both
radiological and chemical materials); (2)
removal of only the radiological
material from the waste cell; (3) leaving
the radiological material in the waste
cell, leaving the on-site building,
adjacent concrete pad and LCTS on site,
terminating the license, and releasing
the site for unrestricted use; and (4)
taking no remedial action and retaining
the site license (‘‘No Action
Alternative’’). The preferred alternative,
No. 3, is described, in detail, in Revision
1 the DP as supplemented by the
December 20, 2004, letter from MDNR.
The MDNR site contains radiological
as well as chemical materials. The
chemical materials are regulated by the
MDEQ under Part 201 of Michigan
regulations. The radiological and
chemical materials are all contained
within an on-site engineered waste cell
that has slurry walls and a clay cap.
Alternatives 1 and 2 would cause the
contents of the waste cell to be
disturbed, leading to a potential release
of the materials to the surrounding
environment. Specifically, excavation of
the waste cell would expose workers
and visitors to hazardous materials
within the cell. Hazardous materials
could be released via effluents or
transmission in the air potentially
contaminating the surrounding
environs. Shipping the materials off-site
for disposal could also expose workers
and others to the materials before,
during, and after shipment to the
disposal site. The environmental impact
presented by these two alternatives
could potentially put workers and the
surrounding environment at risk and
are, therefore, not environmentally
sound options.
Alternative 3 is the preferred
alternative, because the alternative has
little, if any, impact on the environment.
Based on an independent dose
assessment, the NRC staff concluded
that, if the radiological material in the
cell, the building, the concrete pad, and
the LCTS are left in place, no additional
actions are needed at the MDNR site for
it to be released for unrestricted use per
10 CFR 20.1402.
The ‘‘No Action Alternative’’
(Alternative 4) is not acceptable because
retaining a license would impose an
unnecessary regulatory burden on
MDNR. Since no additional actions are
needed at the MDNR site for it to be
released for unrestricted use per 10 CFR
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20.1402, there is no longer any need for
requiring that the licensee maintain
security at the site and/or maintain the
site’s materials license.
Environmental Impacts of the Proposed
Action
The Affected Environment at the
MDNR site includes the above grade
components of the LCTS; the 3-acre
landfill encapsulated with slurry walls
and a clay cover; the shallow
groundwater below the site; and, the
potentially impacted offsite
groundwater and surface water.
The residual radioactivity at this site
consists of two components. The
primary source term consists of the
magnesium-thorium slag materials
buried within the waste cell and
secondary source term consists of
contamination on surfaces. Site
characterization surveys found no
evidence that the clay cap, the building
or the concrete pad surfaces were
contaminated. However, the clay cap
could have been contaminated if
magnesium-thorium slag materials have
been brought to the surface of the cap
during site characterization and the
contamination could have spread to the
building and pad surfaces. Boreholes
were drilled through the clay cap during
site characterization and samples were
collected from within the cell. The
concrete pad was also used to process
the samples and may have been
contaminated during processing. Waste
generated during the sampling activities
was placed in a 55 gallon drum and
stored in the building. The 55 gallon
drum could have leaked and
contaminated the interior surfaces of the
building. The clay cap and all of the
building and pad surfaces will be
surveyed during the final status surveys.
The radionuclide composition of the
primary and secondary source terms are
assumed to be the same, because the
secondary source terms are essentially
derived from the primary source term in
the waste cell. The isotopic composition
for Th-230 and Th-232 and their
progeny is: (1) Pb-210—0.5%, (2) Ra226—1.1%, (3) Ra-228—16.1%, (4) Th228—16.1%, (5) Th-230—50.0%, and (6)
Th-232—16.1%.
The non-radiological contamination at
this site is contained within the
encapsulated waste cell. The nonradiological contamination includes
organic chemicals which are regulated
by the MDEQ, not by the NRC. The nonradiological contamination will be
present after NRC license termination.
Approval of the proposed action does
not absolve the licensee of any other
responsibilities it may have under
Federal, State, or local statutes or
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regulations regarding the nonradiological contamination.
The site and much of the immediate
area, except for the adjacent former
Hartley & Hartley landfill, is marsh
land. The site itself is a small portion of
the Tobico Marsh State Game Area. The
shallow groundwater on-site is nonpotable and there is no surface water.
The environmental impacts of the
licensee’s requested action were
evaluated by reviewing the results of
MDNR’s dose assessments. Those
assessments assume that the
radiological contaminants remain
within the waste cell and the surfaces of
the building and the concrete pad do
not exceed the derived concentration
guideline levels (DCGLs). The licensee
used computer codes RESRAD and
DandD to demonstrate that doses from
residual radioactivity did not exceed the
regulatory limit (25 mrem/yr). RESRAD
and DandD used both probabilistic and
deterministic procedures for each
source term. Since the site will remain
a controlled landfill, the most realistic
use for the land is infrequent hunting
and/or fishing.
Therefore, composite recreational
scenario parameters were used by
RESRAD to calculate potential on-site
doses. The DandD code used all but one
default parameters to calculate on-site
dose. The ‘‘time in the building’’
parameter was adjusted, however, to
more realistically describe the potential
exposure from the surface radioactivity
on the building and the concrete pad.
The NRC staff performed independent
analyses of the licensee’s dose
assessments and was in agreement with
MDNR’s methods and results.
For the residual radioactivity in the
waste cell, the licensee assumed that the
activity of thorium in the slag was its
specific activity and used that activity to
generate a dose for the composite
recreational use scenario. Even with this
very conservative estimate of thorium
activity, the estimated potential dose
was much less than 25 mrem/yr and no
DCGLs were reported for the waste cell.
For the residual radioactivity on the
clay cap, the licensee calculated the
dose to a recreational user to be much
less than 25 mrem/yr. Although there is
no evidence that the clay cap is
contaminated, the licensee developed
gross DCGLs for the clay cap. The gross
DCGLs are directly related to the
activity of Th-232, a surrogate for the
mixture of radionuclides present in the
surface contamination. MDNR used the
composite recreational scenario to
calculate gross DCGLs, even though,
MDNR believes that the likelihood of
the presence of thorium contaminated
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materials on the clay cover is extremely
low.
For contamination on the surfaces of
the building and the concrete pad, the
licensee calculated the dose to the
average member of the critical group to
be much less than 25 mrem/yr.
Although there is no evidence that the
surfaces of the building and the concrete
pad are contaminated, the licensee
developed a gross DCGLs for those
surfaces. The licensee developed the
gross DCGL based upon a lightindustrial building use scenario
assuming a person spent limited time in
the building. Again, NRC staffs’
independent analyses of the licensee’s
dose assessments was in agreement with
MDNR’s.
The NRC staff evaluated the potential
radiological exposure to an offsite
receptor resulting from groundwater
seepage through the slurry walls. This
potential radiological exposure is very
low due to the following reasons:
1. Any seepage of radiological
contaminated groundwater through the
slurry walls will be dispersed and
diluted as the groundwater slowly
travels to Saginaw Bay of Lake Huron.
2. The travel time for groundwater to
reach Saginaw Bay from the site is long
(several thousand years) because of the
distance (2.24 kilometers) between the
two locations and because of the low
hydraulic gradient (0.0002 ft/ft) of the
water table.
3. Thorium’s solubility in
groundwater is very low (Appendix I,
MDNR, 2004).
4. The concentration of the
radiological contaminated groundwater
will become highly diluted if it is
discharged into the much larger surface
water volume of Saginaw Bay.
5. There are no receptors along the
groundwater pathway between the site
and Saginaw Bay.
The NRC staff also evaluated whether
there would be any adverse radiological
consequences from the operation of the
LCTS and a hypothetical leak from the
LCTS. Based on the following
consideration, the staff concluded that
there would be no adverse
consequences. MDNR collected samples
of leachate to determine if thorium in
the slag had migrated into the leachate.
The sampling results provided evidence
that the slag was highly insoluble and
would not readily migrate within the
cell. In addition, there is no evidence
that the liquid level within the cell
would rise to the point that the LCTS
would need to be operated to reduce it.
Additionally, to receive any measurable
dose, an individual would have to be
directly exposed to leachate that had
leaked from the LCTS during operation.
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The probability of a hypothetical leak of
contaminated liquid from the operation
of the LCTS in sufficient quantities to
result in measurable dose to an average
member of the critical group is very low.
Thus, consideration of possible adverse
radiological consequences from leaving
the LCTS in place were determined not
to be necessary.
The revised DP provides that the
radiological contaminants within the
waste cell would remain in place and
the building and the concrete pad
would be decontaminated, if necessary,
to meet the DCGLs. The total dose for
the site from the radiological material in
the waste cell and the surface
contamination on the clay cap and the
surfaces of the building and concrete
pad will not exceed 25mrem/yr.
The NRC staff reviewed the
Environmental Impacts of the licensee’s
requested action to leaving the site ‘‘as
is’’ and release it for unrestricted use
(Alternative 3). Based on the staff’s
review of the DP, the staff determined
that the radiological environmental
impacts associated with the licensee’s
proposed action are bounded by the
impacts evaluated in NUREG–1496,
‘‘Generic Environmental Impact
Statement of Rulemaking on
Radiological Criteria for License
Termination of NRC-Licensed Nuclear
Facilities.’’
Agencies and Persons Consulted
This Environmental Assessment was
prepared entirely by the NRC staff. The
Michigan State Historic Preservation
Office and the U. S. Fish and Wildlife
Service were contacted regarding this
action and neither had concerns
regarding this licensing action. No
remedial actions are planned for the
site, therefore, the release of the MDNR
site for unrestricted use would not affect
historical or cultural resources, nor will
it affect threatened or endangered
species. No other sources of information
were used beyond those referenced in
this EA.
NRC provided a draft of its
Environmental Assessment to the State
of Michigan Department of
Environmental Quality (MDEQ) for its
review. MDEQ agreed with the
conclusions in the EA.
Conclusions and Finding of No
Significant Impact
Based on its review, the NRC staff
concludes that the proposed action
complies with 10 CFR Part 20 Subpart
E. NRC has prepared this EA in support
of the proposed license amendment to
approve the DP. On the basis of the EA,
NRC has concluded that the
environmental impacts from the
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proposed action are expected to be
insignificant and has determined that
preparation of an Environmental Impact
Statement is not needed for the
proposed action.
Sources Used
1. NRC License No. 06–03754–01
inspection and licensing records.
2. MDNR, Package dated January 30, 2004,
‘‘License Amendment for the Tobico Marsh
State Game Site and Submission of a Revised
Decommissioning Plan.’’ [ADAMS Accession
No. ML040790356]
3. NRC, Letter dated August 27, 2004,
‘‘NRC Request for Additional Information
(RAI) with Regard to the Decommissioning
Plan, Revision 1, for the Michigan
Department of Natural Resources’ Tobico
Marsh State Game Area Site, Kawkawlin,
Michigan.’’ [ADAMS Accession No.
ML042290619]
4. MDNR, Letter dated December 20, 2004,
Response to RAI—August 27, 2004, Tobico
Marsh State Game Area Site and Submission
of Additional Information Relative to the
Decommissioning Plan Docket No. 40–9015,
License SUC–1581. [ADAMS Accession No.
ML050100126]
5. NUREG–1748, Environmental Review
Guidance for Licensing Actions Associated
with NMSS Programs, August 2003.
6. NUREG–1757, Volume 1, Rev 1,
Consolidated NMSS Decommissioning
Guidance, Decommissioning Process for
Materials Licensees, Final Report, September
2003.
7. Title 10 Code of Federal Regulations,
Part 20, Subpart E, ‘‘Radiological Criteria for
License Termination.’’
8. Title 10, Code of Federal Regulations,
Part 51, ‘‘Environmental Protection
Regulations for Domestic Licensing and
Related Regulatory Functions.’’
9. MDEQ, E-Mail, ‘‘MDNR Draft EA dated
3/24/05.’’
10. NUREG–1496, Generic Environmental
Impact Statement of Rulemaking on
Radiological Criteria for License Termination
of NRC-Licensed Nuclear Facilities, July
1997.
III. Further Information
Documents related to this action,
including the application for
amendment and supporting
documentation, are available
electronically at the NRC’s Electronic
Reading Room at https://www.nrc.gov/
reading-rm/adams.html. From this site,
you can access the NRC’s Agencywide
Document Access and Management
System (ADAMS), which provides text
and image files of NRC’s public
documents. The ADAMS accession
numbers for the document related to
this notice are: ML042320524 for the
August 26, 1999, letter issuing the
license, ML032790494 for the April 2,
2003, letter requesting license
amendment to incorporate the DP into
the license, ML040790356 for the
January 30, 2004, letter revising the DP
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16:15 Jul 11, 2005
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(Revision 1), and ML050100126 for the
letter dated December 20, 2004,
response to the NRC request for
additional information. If you do not
have access to ADAMS or if there are
problems accessing the documents
located in ADAMS, contact the NRC’s
Public Document Room (PDR) Reference
staff at 1–800–397–4209, 301–415–4737,
or by e-mail to pdr@nrc.gov.
These documents may also be viewed
electronically on the public computers
located at the NRC’s PDR, O 1 F21, One
White Flint North, 11555 Rockville
Pike, Rockville, MD 20852. The PDR
reproduction contractor will copy
documents for a fee.
Dated in Rockville, Maryland this 30th day
of June, 2005.
For the Nuclear Regulatory Commission.
Daniel M. Gillen,
Deputy Director, Office of Nuclear Material
Safety and Safeguards, Division of Waste
Management and Environmental Protection,
Decommissioning Directorate.
[FR Doc. E5–3679 Filed 7–11–05; 8:45 am]
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Sunshine Act Meeting
AGENCY HOLDING THE MEETINGS:
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Weeks of July 11, 18, 25, August
1, 8, 15, 2005.
DATE:
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MATTERS TO BE CONSIDERED:
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the week of July 18, 2005.
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call (recording)—(301) 415–1292.
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The NRC provides reasonable
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receiving this Commission meeting
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Dated: July 11, 2005.
R. Michelle Schroll,
Office of the Secretary.
[FR Doc. 05–13722 Filed 7–8–05; 9:58 am]
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1:30 p.m.—Discussion of Security
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]]>Agencies
[Federal Register Volume 70, Number 132 (Tuesday, July 12, 2005)]
[Notices]
[Pages 40065-40068]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-3679]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 40-09015]
Environmental Assessment and Finding of No Significant Impact
Related to Incorporating the Decommissioning Plan for the Michigan
Department of Natural Resources (Mdnr) Bay City, MI, Tobico Marsh Site
Into the License
AGENCY: Nuclear Regulatory Commission.
ACTION: Environmental Assessment and Finding of No Significant Impact.
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FOR FURTHER INFORMATION CONTACT: David Nelson, Project Manager,
Materials Decommissioning Section, Decommissioning Directorate,
Division of Waste Management and Environmental Protection, Office of
Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory
Commission, Mail Stop T7E18, Washington, DC 20555. Telephone: 301-415-
6626; fax number: 301-415-5397; e-mail: dwn@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The Nuclear Regulatory Commission (NRC) is considering issuing a
license amendment to Material License No. SUC-1581 issued to the
Michigan Department of Natural Resources (MDNR), to incorporate the
Tobico Marsh State Game Area Decommissioning Plan (DP) for the MDNR,
Bay City, Michigan, Tobico Marsh site into the License. SUC-1581 was
issued in 1999 authorizing MDNR to possess on-site radioactive
materials related to the decommissioning of the MDNR Tobico Marsh site.
In a letter dated April 2, 2003, MDNR requested that the Tobico Marsh
State Game Area DP be incorporated into the licensee. On January 30,
2004, MDNR submitted a revised DP (Revision 1) and in a letter dated
December 20, 2004, MDNR proposed additional changes to Revision 1. The
license will be amended to include all of the revisions and changes
described in the January 30, 2004, and December 20, 2004, letters.
If the NRC approves the amendment, the DP will be incorporated into
the MDNR License. The NRC has prepared an Environmental Assessment (EA)
in support of this proposed action in accordance with the requirements
of Part 10 of the Code of Federal Regulations (10 CFR) Part 51. Based
on the EA, the NRC has determined that a Finding of No Significant
Impact (FONSI) is appropriate.
II. Environmental Assessment
Background
The site is a small part of the former (now closed) industrial
waste disposal area locally known as the Hartley & Hartley Landfill.
The industrial waste disposal facility, which opened in the mid-1950's,
was originally operated by the Hartley family and is estimated to have
received 18,000 barrels of spent solvents, oils, and other liquid and
solid wastes for disposal during the 1960's and early 1970's. Foundry
waste containing low levels of naturally occurring radioactivity in the
form of magnesium-thorium slag was also disposed of at the site
beginning in 1970. By 1973, disposal activities on site had ceased.
Currently, the Hartley & Hartley Landfill industrial disposal site
is treated as two separate sites (the MDNR site and the SC Holdings,
Inc site) after having been subdivided. In a formal land exchange
concluded in 1973, the Hartleys conveyed land to the State of Michigan
that included approximately three acres where waste disposal had
previously occurred in return for lands bordering their industrial
waste site. The 3-acre portion, now known as the MDNR site, is part of
the State of Michigan property which is known as the Tobico Marsh State
Game Area.
The 3-acre portion was an area where the Hartley's mined
(excavated) a former beach-ridge sand deposit. The excavation resulted
in surface depressions flooded with surface water and near-surface
ground water. Industrial wastes, including drums, spent solvents, oils
and other liquid and solid wastes were disposed of in the excavations.
In addition to these materials, magnesium-thorium slag containing
naturally occurring thorium (Th) was also disposed of in the
excavations beginning in 1970. The slag, thought to have been generated
by Wellman Dynamics at a site within Bay City, Michigan, was a
byproduct of casting and foundry operations involving magnesium-thorium
alloys.
In 1984, to contain the chemical wastes and preclude the potential
migration of chemical (non-radioactive) contaminants beyond those areas
already impacted by the disposal, a bentonite slurry wall was placed
around the disposal area and covered with a 1.5 m (5 ft) thick clay
cap. The slurry walls and cap formed a cell which contained the
chemical wastes, as well as the slag containing magnesium-thorium
alloys.
A small building and adjacent concrete pad, which are still in
place, were constructed on-site after the slurry walls and clay cover
were installed. A leachate collection and treatment system (LCTS) was
installed within the cell and slurry walls. The small building was
designed to house the LCTS controls. The building has been used to
stage survey equipment and temporarily store potentially radiologically
contaminated waste generated during previous on-site surveying
activities. The LCTS was designed by the Michigan Department of
Environmental Quality (MDEQ) to withdraw liquid non-radiological
contaminants (leachate) from the waste cell to prevent hydrostatic
pressure in the cell from building to a point that chemical
contaminants would leak from the cell. In the past, there was no
noticeable buildup of pressure within the cell. The LCTS was never
operated and, MDNR believes that liquid levels within the cell will not
build to the point where operation of the LCTS is needed.
The primary radioactive source term within the cell is comprised of
pockets of vitreous, thorium-bearing slag that lie in a lens that is
approximately 5 to 6 feet below the ground surface. A clay cover
(approximately 5 feet thick at the center of the cell) overlays the
ground surface. On August 26, 1999, the NRC
[[Page 40066]]
issued Source Material License No. SUC-1581 to MDNR authorizing
possession of the thorium-bearing slag and decommissioning of the site.
Prior to 1999, the site had never been licensed.
On April 2, 2003, MDNR submitted a DP for the site. The DP outlined
decommissioning activities including the removal of the building, the
adjacent concrete pad and the above-grade components of the LCTS.
Following those activities, the site would be released for unrestricted
use as specified in 10 CFR 20.1402 and the radioactive materials
license would be terminated. The NRC staff determined that the
submittal was incomplete, and on January 30, 2004, MDNR submitted a
revised and updated DP (Revision 1). On August 27, 2004, the NRC staff
transmitted a letter to MDNR requesting additional information (RAI)
related to Revision 1. In a December 20, 2004, letter, MDNR responded
to the RAIs and provided supplemental information to the Revision 1 DP
that indicated the on-site building, concrete pad and above-grade
components of the LCTS would not be removed but would remain intact.
The Proposed Action
The proposed action is to amend Source Materials License No. SUC-
1581 to incorporate the revised DP into the license. The revised DP
proposes that the on-site building, adjacent concrete pad and LCTS
remain in place and intact and all residual radioactivity be contained
within the on-site engineered cell. With regard to the radiological
materials, the site will be released for unrestricted use.
Need for the Proposed Action
The proposed action is to amend Source Materials License No. SUC-
1581 to conduct activities on-site that would lead to the release of
the MDNR Tobico Marsh State Game Area site located at 2301 Two Mile
Road, Bay County, Michigan, for unrestricted use. The licensee's action
of leaving the radiological material (the thorium-bearing slag) in
place within the cell conforms with the NRC regulation that the dose to
the average member of the critical group is below the requirements in
10 CFR 20 Subpart E for unrestricted release before license
termination. The licensee needs the license amendment to incorporate
the revised DP into the license. NRC is fulfilling its responsibilities
under the Atomic Energy Act to make a decision on a proposed license
amendment for incorporation of a revised DP into the license and to
ensure the protection of public health and safety and the environment.
Alternatives to the Proposed Action
The NRC staff and MDNR considered four alternatives for the
decommissioning plan: (1) Complete removal of the waste cell contents
(both radiological and chemical materials); (2) removal of only the
radiological material from the waste cell; (3) leaving the radiological
material in the waste cell, leaving the on-site building, adjacent
concrete pad and LCTS on site, terminating the license, and releasing
the site for unrestricted use; and (4) taking no remedial action and
retaining the site license (``No Action Alternative''). The preferred
alternative, No. 3, is described, in detail, in Revision 1 the DP as
supplemented by the December 20, 2004, letter from MDNR.
The MDNR site contains radiological as well as chemical materials.
The chemical materials are regulated by the MDEQ under Part 201 of
Michigan regulations. The radiological and chemical materials are all
contained within an on-site engineered waste cell that has slurry walls
and a clay cap.
Alternatives 1 and 2 would cause the contents of the waste cell to
be disturbed, leading to a potential release of the materials to the
surrounding environment. Specifically, excavation of the waste cell
would expose workers and visitors to hazardous materials within the
cell. Hazardous materials could be released via effluents or
transmission in the air potentially contaminating the surrounding
environs. Shipping the materials off-site for disposal could also
expose workers and others to the materials before, during, and after
shipment to the disposal site. The environmental impact presented by
these two alternatives could potentially put workers and the
surrounding environment at risk and are, therefore, not environmentally
sound options.
Alternative 3 is the preferred alternative, because the alternative
has little, if any, impact on the environment. Based on an independent
dose assessment, the NRC staff concluded that, if the radiological
material in the cell, the building, the concrete pad, and the LCTS are
left in place, no additional actions are needed at the MDNR site for it
to be released for unrestricted use per 10 CFR 20.1402.
The ``No Action Alternative'' (Alternative 4) is not acceptable
because retaining a license would impose an unnecessary regulatory
burden on MDNR. Since no additional actions are needed at the MDNR site
for it to be released for unrestricted use per 10 CFR 20.1402, there is
no longer any need for requiring that the licensee maintain security at
the site and/or maintain the site's materials license.
Environmental Impacts of the Proposed Action
The Affected Environment at the MDNR site includes the above grade
components of the LCTS; the 3-acre landfill encapsulated with slurry
walls and a clay cover; the shallow groundwater below the site; and,
the potentially impacted offsite groundwater and surface water.
The residual radioactivity at this site consists of two components.
The primary source term consists of the magnesium-thorium slag
materials buried within the waste cell and secondary source term
consists of contamination on surfaces. Site characterization surveys
found no evidence that the clay cap, the building or the concrete pad
surfaces were contaminated. However, the clay cap could have been
contaminated if magnesium-thorium slag materials have been brought to
the surface of the cap during site characterization and the
contamination could have spread to the building and pad surfaces.
Boreholes were drilled through the clay cap during site
characterization and samples were collected from within the cell. The
concrete pad was also used to process the samples and may have been
contaminated during processing. Waste generated during the sampling
activities was placed in a 55 gallon drum and stored in the building.
The 55 gallon drum could have leaked and contaminated the interior
surfaces of the building. The clay cap and all of the building and pad
surfaces will be surveyed during the final status surveys.
The radionuclide composition of the primary and secondary source
terms are assumed to be the same, because the secondary source terms
are essentially derived from the primary source term in the waste cell.
The isotopic composition for Th-230 and Th-232 and their progeny is:
(1) Pb-210--0.5%, (2) Ra-226--1.1%, (3) Ra-228--16.1%, (4) Th-228--
16.1%, (5) Th-230--50.0%, and (6) Th-232--16.1%.
The non-radiological contamination at this site is contained within
the encapsulated waste cell. The non-radiological contamination
includes organic chemicals which are regulated by the MDEQ, not by the
NRC. The non-radiological contamination will be present after NRC
license termination. Approval of the proposed action does not absolve
the licensee of any other responsibilities it may have under Federal,
State, or local statutes or
[[Page 40067]]
regulations regarding the non-radiological contamination.
The site and much of the immediate area, except for the adjacent
former Hartley & Hartley landfill, is marsh land. The site itself is a
small portion of the Tobico Marsh State Game Area. The shallow
groundwater on-site is non-potable and there is no surface water.
The environmental impacts of the licensee's requested action were
evaluated by reviewing the results of MDNR's dose assessments. Those
assessments assume that the radiological contaminants remain within the
waste cell and the surfaces of the building and the concrete pad do not
exceed the derived concentration guideline levels (DCGLs). The licensee
used computer codes RESRAD and DandD to demonstrate that doses from
residual radioactivity did not exceed the regulatory limit (25 mrem/
yr). RESRAD and DandD used both probabilistic and deterministic
procedures for each source term. Since the site will remain a
controlled landfill, the most realistic use for the land is infrequent
hunting and/or fishing.
Therefore, composite recreational scenario parameters were used by
RESRAD to calculate potential on-site doses. The DandD code used all
but one default parameters to calculate on-site dose. The ``time in the
building'' parameter was adjusted, however, to more realistically
describe the potential exposure from the surface radioactivity on the
building and the concrete pad. The NRC staff performed independent
analyses of the licensee's dose assessments and was in agreement with
MDNR's methods and results.
For the residual radioactivity in the waste cell, the licensee
assumed that the activity of thorium in the slag was its specific
activity and used that activity to generate a dose for the composite
recreational use scenario. Even with this very conservative estimate of
thorium activity, the estimated potential dose was much less than 25
mrem/yr and no DCGLs were reported for the waste cell.
For the residual radioactivity on the clay cap, the licensee
calculated the dose to a recreational user to be much less than 25
mrem/yr. Although there is no evidence that the clay cap is
contaminated, the licensee developed gross DCGLs for the clay cap. The
gross DCGLs are directly related to the activity of Th-232, a surrogate
for the mixture of radionuclides present in the surface contamination.
MDNR used the composite recreational scenario to calculate gross DCGLs,
even though, MDNR believes that the likelihood of the presence of
thorium contaminated materials on the clay cover is extremely low.
For contamination on the surfaces of the building and the concrete
pad, the licensee calculated the dose to the average member of the
critical group to be much less than 25 mrem/yr. Although there is no
evidence that the surfaces of the building and the concrete pad are
contaminated, the licensee developed a gross DCGLs for those surfaces.
The licensee developed the gross DCGL based upon a light-industrial
building use scenario assuming a person spent limited time in the
building. Again, NRC staffs' independent analyses of the licensee's
dose assessments was in agreement with MDNR's.
The NRC staff evaluated the potential radiological exposure to an
offsite receptor resulting from groundwater seepage through the slurry
walls. This potential radiological exposure is very low due to the
following reasons:
1. Any seepage of radiological contaminated groundwater through the
slurry walls will be dispersed and diluted as the groundwater slowly
travels to Saginaw Bay of Lake Huron.
2. The travel time for groundwater to reach Saginaw Bay from the
site is long (several thousand years) because of the distance (2.24
kilometers) between the two locations and because of the low hydraulic
gradient (0.0002 ft/ft) of the water table.
3. Thorium's solubility in groundwater is very low (Appendix I,
MDNR, 2004).
4. The concentration of the radiological contaminated groundwater
will become highly diluted if it is discharged into the much larger
surface water volume of Saginaw Bay.
5. There are no receptors along the groundwater pathway between the
site and Saginaw Bay.
The NRC staff also evaluated whether there would be any adverse
radiological consequences from the operation of the LCTS and a
hypothetical leak from the LCTS. Based on the following consideration,
the staff concluded that there would be no adverse consequences. MDNR
collected samples of leachate to determine if thorium in the slag had
migrated into the leachate. The sampling results provided evidence that
the slag was highly insoluble and would not readily migrate within the
cell. In addition, there is no evidence that the liquid level within
the cell would rise to the point that the LCTS would need to be
operated to reduce it. Additionally, to receive any measurable dose, an
individual would have to be directly exposed to leachate that had
leaked from the LCTS during operation. The probability of a
hypothetical leak of contaminated liquid from the operation of the LCTS
in sufficient quantities to result in measurable dose to an average
member of the critical group is very low. Thus, consideration of
possible adverse radiological consequences from leaving the LCTS in
place were determined not to be necessary.
The revised DP provides that the radiological contaminants within
the waste cell would remain in place and the building and the concrete
pad would be decontaminated, if necessary, to meet the DCGLs. The total
dose for the site from the radiological material in the waste cell and
the surface contamination on the clay cap and the surfaces of the
building and concrete pad will not exceed 25mrem/yr.
The NRC staff reviewed the Environmental Impacts of the licensee's
requested action to leaving the site ``as is'' and release it for
unrestricted use (Alternative 3). Based on the staff's review of the
DP, the staff determined that the radiological environmental impacts
associated with the licensee's proposed action are bounded by the
impacts evaluated in NUREG-1496, ``Generic Environmental Impact
Statement of Rulemaking on Radiological Criteria for License
Termination of NRC-Licensed Nuclear Facilities.''
Agencies and Persons Consulted
This Environmental Assessment was prepared entirely by the NRC
staff. The Michigan State Historic Preservation Office and the U. S.
Fish and Wildlife Service were contacted regarding this action and
neither had concerns regarding this licensing action. No remedial
actions are planned for the site, therefore, the release of the MDNR
site for unrestricted use would not affect historical or cultural
resources, nor will it affect threatened or endangered species. No
other sources of information were used beyond those referenced in this
EA.
NRC provided a draft of its Environmental Assessment to the State
of Michigan Department of Environmental Quality (MDEQ) for its review.
MDEQ agreed with the conclusions in the EA.
Conclusions and Finding of No Significant Impact
Based on its review, the NRC staff concludes that the proposed
action complies with 10 CFR Part 20 Subpart E. NRC has prepared this EA
in support of the proposed license amendment to approve the DP. On the
basis of the EA, NRC has concluded that the environmental impacts from
the
[[Page 40068]]
proposed action are expected to be insignificant and has determined
that preparation of an Environmental Impact Statement is not needed for
the proposed action.
Sources Used
1. NRC License No. 06-03754-01 inspection and licensing records.
2. MDNR, Package dated January 30, 2004, ``License Amendment for
the Tobico Marsh State Game Site and Submission of a Revised
Decommissioning Plan.'' [ADAMS Accession No. ML040790356]
3. NRC, Letter dated August 27, 2004, ``NRC Request for
Additional Information (RAI) with Regard to the Decommissioning
Plan, Revision 1, for the Michigan Department of Natural Resources'
Tobico Marsh State Game Area Site, Kawkawlin, Michigan.'' [ADAMS
Accession No. ML042290619]
4. MDNR, Letter dated December 20, 2004, Response to RAI--August
27, 2004, Tobico Marsh State Game Area Site and Submission of
Additional Information Relative to the Decommissioning Plan Docket
No. 40-9015, License SUC-1581. [ADAMS Accession No. ML050100126]
5. NUREG-1748, Environmental Review Guidance for Licensing
Actions Associated with NMSS Programs, August 2003.
6. NUREG-1757, Volume 1, Rev 1, Consolidated NMSS
Decommissioning Guidance, Decommissioning Process for Materials
Licensees, Final Report, September 2003.
7. Title 10 Code of Federal Regulations, Part 20, Subpart E,
``Radiological Criteria for License Termination.''
8. Title 10, Code of Federal Regulations, Part 51,
``Environmental Protection Regulations for Domestic Licensing and
Related Regulatory Functions.''
9. MDEQ, E-Mail, ``MDNR Draft EA dated 3/24/05.''
10. NUREG-1496, Generic Environmental Impact Statement of
Rulemaking on Radiological Criteria for License Termination of NRC-
Licensed Nuclear Facilities, July 1997.
III. Further Information
Documents related to this action, including the application for
amendment and supporting documentation, are available electronically at
the NRC's Electronic Reading Room at https://www.nrc.gov/reading-rm/
adams.html. From this site, you can access the NRC's Agencywide
Document Access and Management System (ADAMS), which provides text and
image files of NRC's public documents. The ADAMS accession numbers for
the document related to this notice are: ML042320524 for the August 26,
1999, letter issuing the license, ML032790494 for the April 2, 2003,
letter requesting license amendment to incorporate the DP into the
license, ML040790356 for the January 30, 2004, letter revising the DP
(Revision 1), and ML050100126 for the letter dated December 20, 2004,
response to the NRC request for additional information. If you do not
have access to ADAMS or if there are problems accessing the documents
located in ADAMS, contact the NRC's Public Document Room (PDR)
Reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to
pdr@nrc.gov.
These documents may also be viewed electronically on the public
computers located at the NRC's PDR, O 1 F21, One White Flint North,
11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction
contractor will copy documents for a fee.
Dated in Rockville, Maryland this 30th day of June, 2005.
For the Nuclear Regulatory Commission.
Daniel M. Gillen,
Deputy Director, Office of Nuclear Material Safety and Safeguards,
Division of Waste Management and Environmental Protection,
Decommissioning Directorate.
[FR Doc. E5-3679 Filed 7-11-05; 8:45 am]
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