Environmental Assessment and Finding of No Significant Impact Related to Issuance of Amendment No. 4 to Materials License No. Suc-1565, the S.C. Holdings, Inc., Bay City, Mi Site (Tac #L60510), 10724-10727 [E6-2947]
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Federal Register / Vol. 71, No. 41 / Thursday, March 2, 2006 / Notices
Agency Contact: Richard B. Hoffman,
Executive Director, National Prison
Rape Elimination Commission, (202)
514–7922.
Dated: February 24, 2006.
Richard B. Hoffman,
Executive Director, National Prison Rape
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[FR Doc. 06–1926 Filed 3–1–06; 8:45am]
BILLING CODE 4410–18–M
NUCLEAR REGULATORY
COMMISSION
[Docket No. 40–09022]
Environmental Assessment and
Finding of No Significant Impact
Related to Issuance of Amendment No.
4 to Materials License No. Suc-1565,
the S.C. Holdings, Inc., Bay City, Mi
Site (Tac #L60510)
Nuclear Regulatory
Commission.
ACTION: Environmental assessment and
finding of no significant impact.
AGENCY:
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
(NRC), Mail Stop T7E18, Washington,
DC 20555.
Telephone: 301–415–6626; fax
number: 301–415–5397; e-mail:
dwn@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
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NRC is considering the issuance of a
license amendment to the S.C. Holdings,
Inc. Material License, No. SUC–1565.
The amendment would incorporate the
Decommissioning Plan (DP), the Quality
Assurance Project Plan for
Decommissioning Activities, and the
Health and Safety Plan for Site
Decommissioning Activities into
Materials License SUC–1565.
NRC has prepared an Environmental
Assessment (EA) in support of this
amendment request in accordance with
the requirements of 10 CFR Part 51.
Based on the EA, NRC concluded that
a Finding of No Significant Impact
(FONSI) is appropriate.
II. Environmental Assessment
Background
The S.C. Holdings site is a part of the
former (now closed) industrial waste
disposal area locally known as the
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Hartley & Hartley Landfill. The landfill
is a former waste disposal facility that
accepted municipal and industrial
waste from the 1950s until 1978. The
facility 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. During the period from 1970 to
1972, foundry slag containing
radioactive thorium (Th) and progeny
was disposed of in the Northwest
Landfill, and in two small slag piles
outside of the Northwest Landfill (Slag
Piles A and B). There are no records of
Th-bearing slag outside the Northwest
Landfill and the two slag piles. In 1995,
the NRC issued Source Materials
License No. SUC–1565 to SCA Services,
Inc., for storage of radioactive Th and
uranium (U) in slag/waste at the Hartley
& Hartley Landfill site. The current
owner of the property is S.C. Holdings,
Inc., successor by merger to SCA
Services, Inc.
The Hartley & Hartley Landfill
industrial disposal site has been
subdivided into two separate sites: the
Michigan Department of Natural
Resources (MDNR) site and the S.C.
Holdings, Inc. site. 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 disposal
area. The 3-acre portion, now known as
the MDNR site, is part of the State of
Michigan’s Tobico Marsh State Game
Area. The remaining property comprises
what is known as the S.C. Holdings, Inc.
site.
Post-closure activities at the site
included construction of slurry walls,
subsurface clay dikes, and compacted
clay covers over the Northwest and East
Landfills to contain the chemical wastes
and preclude the potential migration of
chemical (non-radioactive)
contaminants beyond those areas
already impacted by the disposal.
Wells and piping for a leachate
collection and treatment system (LCTS)
will be installed within the Northwest
Landfill. Wells and piping have already
been installed in the East Landfill and
in the adjacent MDNR waste cell. After
piping is installed in the Northwest
Landfill, the LCTS will collect liquid
(leachate) from the MDNR cell, and the
Northwest and East Landfills and pump
the leachate to a single collection tank
located adjacent to the East Landfill.
The LCTS was designed to withdraw
liquid contaminants (leachate) from the
waste cell and landfills to prevent
hydrostatic pressure in the cell from
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building to a point that chemical
contaminants would leak out.
On November 26, 2003, S.C. Holdings,
Inc. submitted a Decommissioning Plan
(DP) for the site. The DP outlined
decommissioning activities including
excavating and relocating of Slag Piles
A and B to the Northwest Landfill,
installing LCTS wells and piping in the
Northwest Landfill, and upgrading the
existing cover over the Northwest
Landfill. Following these activities, the
site would be released for unrestricted
use, as specified in 10 CFR 20.1402, and
the radioactive materials license would
be terminated. On October 14, 2004, and
October 28, 2005, the NRC staff
transmitted letters to S.C. Holdings, Inc.
requesting additional information (RAI)
related to the DP. In letters dated May
9, 2005, and December 8, 2005, S.C.
Holdings, Inc. responded to the RAIs.
The Proposed Action
The proposed action is to amend
Source Materials License No. SUC–1565
to incorporate the DP, the Quality
Assurance Plan, and the Health and
Safety Plan into the license. The DP
proposes excavating and relocating Slag
Piles A and B to the Northwest Landfill,
installing LCTS wells and piping in the
Northwest Landfill, and upgrading the
existing cover over Northwest Landfill.
With regard to the radiological
materials, the site will be released for
unrestricted use in accordance with 10
CFR 20.1402.
Need for the Proposed Action
The proposed action is to amend
Source Materials License No. SUC–1565
to authorize activities on-site that would
lead to the release of the S.C. Holdings,
Inc. site located at 2370 South Two Mile
Road, Bay City, Michigan, for
unrestricted use. The licensee’s
proposed action of relocating the Thbearing slag from Slag Piles A and B
into the Northwest Landfill and leaving
all of the radioactive material in place
within the Landfill is one option that
would conform with the NRC regulation
that the dose to the average member of
the critical group is below the
requirements in 10 CFR Part 20 Subpart
E for license termination and
unrestricted release. The licensee needs
the license amendment incorporating
the DP, the Quality Assurance Project
Plan, and the Health and Safety Plan
into the license, to be able to
decommission the site. The NRC is
fulfilling its responsibilities under the
Atomic Energy Act, as amended, to
make a decision on a proposed license
amendment for incorporation of a DP
into the license and to ensure adequate
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protection of public health and safety
and the environment.
Alternatives to the Proposed Action
S.C. Holdings, Inc. considered four
alternatives to the proposed
decommissioning plan: (1) Completely
removing Slag Piles A and B and the
contents of the East and Northwest
Landfills (both radiological and
chemical materials); (2) removing only
the radiological material from the Piles
and the Northwest Landfill; (3)
relocating Slag Piles A and B into the
Northwest Landfill, installing a LCTS in
the Northwest and East Landfills, and
enhancing the Northwest Landfill Cap;
and (4) taking no remedial action and
retaining the site license (‘‘No Action
Alternative’’). The licensee’s preferred
alternative is Alternative No. 3, which is
described, in detail, in the DP.
The S.C. Holdings, Inc. site contains
both radiological and chemical
materials. The chemical materials are
regulated by the State of Michigan
Department of Environmental Quality
(MDEQ) under Part 201 of Michigan
regulations. The chemical materials are
contained within the East and
Northwest Landfills both of which have
slurry walls and caps. The radiological
materials are confined to the Northwest
Landfill and Slag Piles A and B. The
Slag Piles are covered with clay fill.
Alternatives 1 and 2 would cause the
contents of the waste cell to be open to
the environment and disturbed,
potentially leading to release of those
contents into the surrounding
environment. Specifically, excavation of
the landfills would expose workers and
visitors to hazardous materials within
the cell. Hazardous materials could be
released into the surrounding
environment via effluents, airborne
particles and/or gases. Shipping the
materials off-site for disposal could also
expose workers and others to the
materials before, during, and after
shipment to a waste disposal site. The
environmental impact presented by
these two alternatives could potentially
put workers and the surrounding
environment at risk, and therefore, are
not environmentally sound options.
Alternative 3 is the preferred
alternative, because the alternative has
little, if any, impact on the environment.
Once Piles A and B have been relocated,
all radiological materials will be
confined to the Northwest Landfill.
Based on an independent dose
assessment, the NRC staff concluded
that, if the radiological material is
consolidated into the Northwest
Landfill and the LCTS is left in place,
as described in the DP, then no
additional actions would be needed at
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the S.C. Holdings site for it to be
released for unrestricted use per 10 CFR
20.1402.
The impacts from the ‘‘No Action
Alternative’’ (Alternative 4) are similar
to the preferred alternative, in that, they
would present little if any risk to
workers and/or the surrounding
environment. However, Alternative 4 is
not acceptable, because retaining a
license would impose an unnecessary
regulatory burden on S.C. Holding, Inc.
Since no additional actions would be
needed at the site following the
proposed actions, described in the DP
(Alternative 3), for it to be released for
unrestricted use per 10 CFR 20.1402,
there would no longer be any need for
requiring that the licensee maintain site
security and/or maintain the site’s
materials license.
Environmental Impacts of the Proposed
Action
The affected environment at the Site
includes the Northwest Landfill
bounded by a slurry wall covered with
a cap, and two piles of slag (Slag Piles
A and B) located adjacent to the
Northwest Landfill. The slag in Slag
Piles A and B will be excavated and
relocated into the Northwest Landfill
through a small hole that will be cut
into the cap. The volume of material in
Piles A and B is small in comparison to
the volume of the Landfill, therefore the
physical placement of the material into
the Landfill will have no significant
adverse effect on the materials already
located in the Northwest Landfill.
The residual radioactivity at the site
consists of foundry waste containing U/
Th slag in the Northwest Landfill and
two small areas of U/Th slag (Slag Piles
A and B) located just outside the slurry
wall surrounding the Northwest
Landfill.
Additional radiological contamination
could result from the primary source
term at the site through the operation of
the existing Leachate Collection and
Treatment System (LCTS). The LCTS
could result in the leakage of thorium
and its daughter products on the cap
surface. Also, the storage of thorium and
its daughter products in an above
ground leachate tank associated with
the LCTS could result in gamma
radiation exposure to site workers.
Radioactivity associated with the LCTS
and the leachate tank would originate
from groundwater in contact with the
thorium-bearing slag in the waste cell.
The non-radiological contamination at
this site is contained within both the
Northwest and East Landfills. The nonradiological contamination includes
organic chemicals which are regulated
by the MDEQ, not by the NRC. The non-
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radiological contamination will be
present after NRC terminates the
license. Approval of the proposed action
does not absolve the licensee of any
other responsibilities it may have under
Federal, State, or local statutes or
regulations regarding the nonradiological contamination.
Much of the immediate area, except
for the adjacent Bangor Township
Landfill, is marsh land of the Tobico
Marsh State Game Area. Also adjacent
to the site is a separate facility known
as MDNR Tobico Marsh State Game
Area Site, previously licensed by the
NRC. There are several ponds located on
the site that had been excavated for sand
as part of a quarry operation prior to
landfilling or had been excavated during
site activities for cell construction or
cover material. The shallow
groundwater on-site is non-potable.
The environmental impacts of the
licensee’s requested action were
evaluated by reviewing the results of
S.C. Holdings, Inc. dose assessments for
the Northwest Landfill and the slag
piles. The licensee’s assessments
assume that the radiological
contaminants remain within the
Northwest Landfill, and surface soil of
the excavated slag piles does not exceed
the derived concentration guideline
levels (DCGLs) of the DP. The licensee
used the computer code, RESRAD
Version 6.2, to demonstrate that doses
from residual radioactivity do not
exceed the regulatory limit (25 millirem
(mrem)/yr). The licensee used the model
to calculate the radiation dose expected
to be received by a hypothetical
industrial worker beginning at the time
of site closure and extending into the
future (i.e., 1000 years). The NRC staff
performed independent analyses of the
licensee’s dose assessments and NRC’s
results were in agreement with S.C.
Holdings, Inc. methods and procedures.
For the residual radioactivity in the
Northwest Landfill, the licensee
assumed U and Th concentrations as
measured by Oak Ridge Associated
University (ORAU) in 1985. ORAU
determined that the concentrations of
the individual radionuclides present in
the Northwest Landfill were: (1) Lead210—0.61pCi/g, (2) Radium (Ra)-226—
0.61pCi/g, (3) Ra-228—18.67pCi/g, (4)
Th-228—17.96pCi/g, (5) Th-230—
2.54pCi/g, (6) Th-232—18.67pCi/g, and
(7) U–234—2.54pCi/g. The licensee’s
expected dose from to the material in
the Northwest Landfill was 5 mrem/yr
and no DCGLs were reported for the
Landfill.
For the residual soil surface
radioactivity of the excavated slag piles,
the licensee derived DCGLs. The
licensee did not take into account
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Federal Register / Vol. 71, No. 41 / Thursday, March 2, 2006 / Notices
exposure from material in the Northwest
Landfill in deriving the DCGLs for the
remediated slag piles, because the dose
contribution from the Northwest
Landfill at the slag piles locations
would not be distinquishable from
background. These DCGLs reflect the
concentration of radionuclides that may
be present outside of the Northwest
Landfill and result in a maximum dose
of less than 25 mrem per year over
background. The presence of these
isotopes will be verified after the
remediation is completed and the final
status survey is implemented.
Micro Shield, Version 5.01, was used
to determine the dose from exposure to
the leachate tank. S.C. Holdings
assumed that the 15,000-gallon leachate
storage tank that is located on the site
is used to collect leachate for the
Northwest Landfill. The modeled
scenario assumed that tank is always
completely full and the presence of
thorium radioactivity in slag at the
specific activity limit. The exposure
scenario involves a worker who
hypothetically stands 1 meter from the
leachate storage tank. For leachate
leakage from the LCTS, the licensee
used an analysis performed by MDNR.
The annual dose for the potential
leaking of the LCTS determined by
MDNR was less than 1 mrem/yr. S.C.
Holding’s analysis for the gamma
radiation exposure for a worker within
close proximity to the leachate tank was
less than 2 mrem/yr.
The NRC staff evaluated the potential
radiological exposure to offsite receptors
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. The solubility of Th in groundwater
is very low.
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, and none are
anticipated, in the future.
The NRC staff reviewed the potential
Environmental Impacts of the licensee’s
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requested action to relocate the Slag
Piles into the Northwest Landfill and
leave the Northwest Landfill ‘‘as is’’ and
release it for unrestricted use. 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 EA 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
organization had concerns regarding
this licensing action. No remedial
actions are planned for the site.
Therefore, the release of the S.C.
Holdings, Inc. 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.
The NRC provided a draft of this EA
to the MDEQ for its review on October
27, 2005. The 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 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
proposed action are expected to be
insignificant and has determined that
preparation of an Environmental Impact
Statement (EIS) is not needed for the
proposed action.
Sources Used
1. NRC License No. SUC–1565.
2. S.C. Holdings, Inc., Letter dated
November 26, 2003, ‘‘Submittal of the
Decommissioning Plan SCA Hartley &
Hartley Landfill Site, Kawkawlin
Township, Michigan NRC Materials
License No. SUC–1565, Docket No. 40–
9022.’’ [ADAMS Accession No.
ML033450337]
3. NRC, Letter dated October 14, 2004,
‘‘The Nuclear Regulatory Commission’s
Request for Additional Information
(RAI) with Regard to the
Decommissioning Plan 1, for the S.C.
Holdings, Inc. Hartley and Hartley
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Landfill Site, Kawkawlin, Michigan.’’
[ADAMS Accession No. ML042670354]
4. S.C. Holdings, Inc., Letter dated
May 9, 2005, ‘‘Response to RAI SCA
Hartley & Hartley Landfill Site,
Kawkawlin Township, Michigan NRC
Source License SUC–1565.’’ [ADAMS
Accession No. ML051380221]
5. S.C. Holdings, Inc., Letter dated
December 8, 2005, ‘‘Response to Second
Request for Additional Information SCA
Hartley & Hartley Landfill Site,
Kawkawlin Township, Michigan NRC
Source License SUC–1565.’’ [ADAMS
Accession No. ML053480161]
6. S.C. Holdings, Inc., Letter dated
September 15, 2005, ‘‘Submittal of the
Quality Assurance Project Plan and the
Health and Safety Plan for Site
Decommissioning SCA Hartley &
Hartley Landfill Site, Kawkawlin
Township, Michigan NRC Source
License SUC–1565.’’ [ADAMS
Accession No. ML052640183]
7. NUREG–1748, Environmental
Review Guidance for Licensing Actions
Associated with NMSS Programs,
August 2003.
8. NUREG–1757, Volume 1, Rev 1,
Consolidated NMSS Decommissioning
Guidance, Decommissioning Process for
Materials Licensees, Final Report,
September 2003.
9. Title 10 Code of Federal
Regulations, Part 20, Subpart E,
‘‘Radiological Criteria for License
Termination.’’
10. Title 10, Code of Federal
Regulations, Part 51, ‘‘Environmental
Protection Regulations for Domestic
Licensing and Related Regulatory
Functions.’’
11. NUREG–1496, Generic
Environmental Impact Statement of
Rulemaking on Radiological Criteria for
License Termination of NRC-Licensed
Nuclear Facilities, July 1997.
12. MDNR, Response to RAI—Tobico
Marsh State Game Area Site and
Submission of Additional Information
Relative to the Decommissioning Plan,
August 27, 2004.
III. Finding of No Significant Impact
Based upon the analysis in this EA,
NRC staff has concluded that there will
be no significant environmental impacts
from the proposed action and has
determined not to prepare an
Environmental Impact Statement for the
proposed action.
IV. Further Information
Documents related to this action,
including the application for
amendment and supporting
documentation, are available
electronically at NRC’s Electronic
Reading Room at https://www.nrc.gov/
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reading-rm/adams.html. From this site,
you can access NRC’s ADAMS, which
provides text and image files of NRC’s
public documents. The ADAMS
accession numbers for the documents
related to this notice are: ML033450337
for the November 26, 2003, letter
submitting the Decommissioning Project
Plan; ML052640183 for the September
15, 2005, letter submitting the Quality
Assurance Plan and the Health and
Safety Plan, and ML051380221 and
ML053480161 for the May 9, 2005, and
December 8, 2005, letters responding to
NRC requests for additional
information. If you do not have access
to ADAMS or if there are problems
accessing the documents located in
ADAMS, contact NRC’s Public
Document Room (PDR) Reference staff
at 1–800–397–4209, 301–415–4737, or
by email to pdr@nrc.gov.
These documents may also be viewed
electronically on the public computers
located at NRC’s PDR, O–1F21, One
White Flint North, 11555 Rockville
Pike, Rockville, MD 20852. The PDR
reproduction contractor will copy
documents for a fee.
Dated at Rockville, Maryland this 20th day
of February 2006.
For The Nuclear Regulatory Commission.
Daniel M. Gillen,
Deputy Director, Decommissioning
Directorate, Division of Waste Management
and Environmental Protection, Office of
Nuclear Material Safety and Safeguards.
[FR Doc. E6–2947 Filed 3–1–06; 8:45 am]
BILLING CODE 7590–01–P
POSTAL RATE COMMISSION
Facility Tours
AGENCY:
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ACTION:
Postal Rate Commission.
Notice of Commission tour.
SUMMARY: Postal Rate Commissioners
and advisory staff members will tour
several newspaper, courier and postal
facilities in Florida on March 5–7, 2006.
Sites include the Miami Herald (in
Miami); the Sun-Sentinel (in Fort
Lauderdale), both on March 5; DHL
Global Mail (in Fort Lauderdale) on
March 6; and the Postal Service’s
International mail facility (in Miami) on
March 7. The purpose is to view and
discuss the newspapers’ mailing-related
operations; to observe DHL’s operations
and discuss how it interfaces with the
Postal Service; and to examine Postal
Service international mail operations.
DATES:
March 5, 6 and 7, 2006.
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Issuer Delisting; Notice of Application
of MDU Resources Group, Inc. To
Withdraw Its Common Stock, $1.00 Tar
Value, and the Preference Share
Purchase Rights Appurtenant Thereto,
From Listing and Registration on the
Pacific Exchange, Inc.
rules of PCX by providing PCX with the
required documents governing the
withdrawal of securities from listing
and registration on PCX.
The Issuer’s application relates solely
to the withdrawal of the Securities from
listing on PCX and shall not affect their
continued listing on NYSE or their
obligation to be registered under section
12(b) of the Act.3
Any interested person may, on or
before March 22, 2006, comment on the
facts bearing upon whether the
application has been made in
accordance with the rules of PCX, and
what terms, if any, should be imposed
by the Commission for the protection of
investors. All comment letters may be
submitted by either of the following
methods:
February 24, 2006.
Electronic Comments
On February 14, 2006, MDU
Resources Group, Inc., a Delaware
corporation (‘‘Issuer’’), filed an
application with the Securities and
Exchange Commission (‘‘Commission’’),
pursuant to section 12(d) of the
Securities Exchange Act of 1934
(‘‘Act’’) 1 and Rule 12d2–2(d)
thereunder,2 to withdraw its common
stock, $1.00 par value, and the
preference share purchase rights
appurtenant thereto (collectively
‘‘Securities’’), from listing and
registration on the Pacific Exchange,
Inc. (‘‘PCX’’).
The Board of Directors (‘‘Board’’) of
the Issuer adopted resolutions on
November 17, 2005 to withdraw the
Securities from listing and registration
on PCX. The Issuer stated that it
believes the benefits of having the
Securities listed and registered on PCX
are outweighed by the added
administrative burdens and expenses,
and that specifically: (1) The Issuer
needs to reduce costs, as well as
administrative time and expense
associated with having the Securities
listed on multiple exchanges; (2) the
principal listing for the Securities is the
New York Stock Exchange, Inc.
(‘‘NYSE’’) and the Securities will
continue to list on NYSE; (3)
management has been required to focus
on the listing and maintenance rules, as
well as ongoing amendments to the
rules and regulations of both exchanges;
and (4) by withdrawing the Securities
from PCX, the Issuer will be able to
lessen the administrative burden and
reduce the related expenses.
The Issuer stated in its application
that it has complied with applicable
• Send an e-mail to rulecomments@sec.gov. Please include the
File Number 1–03480 or;
FOR FURTHER INFORMATION CONTACT:
Stephen L. Sharfman, general counsel,
Postal Rate Commission, 202–789–6820.
Steven W. Williams,
Secretary.
[FR Doc. 06–1950 Filed 3–1–06; 8:45 am]
BILLING CODE 7710–FW–M
SECURITIES AND EXCHANGE
COMMISSION
[File No. 1–03480]
1 15
2 17
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CFR 240.12d2–2(d).
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Paper Comments
• Send paper comments in triplicate
to Nancy M. Morris, Secretary,
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549–1090.
All submissions should refer to File
Number 1–03480. This file number
should be included on the subject line
if e-mail is used. To help us process and
review your comments more efficiently,
please use only one method. The
Commission will post all comments on
the Commission’s Internet Web site
(https://www.sec.gov/rules/delist.shtml).
Comments are also available for public
inspection and copying in the
Commission’s Public Reference Room.
All comments received will be posted
without change; we do not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly.
The Commission, based on the
information submitted to it, will issue
an order granting the application after
the date mentioned above, unless the
Commission determines to order a
hearing on the matter.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.4
Nancy M. Morris,
Secretary.
[FR Doc. 06–1954 Filed 3–1–06; 8:45 am]
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U.S.C. 78l(b).
CFR 200.30–3(a)(1).
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]]>Agencies
[Federal Register Volume 71, Number 41 (Thursday, March 2, 2006)]
[Notices]
[Pages 10724-10727]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-2947]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 40-09022]
Environmental Assessment and Finding of No Significant Impact
Related to Issuance of Amendment No. 4 to Materials License No. Suc-
1565, the S.C. Holdings, Inc., Bay City, Mi Site (Tac L60510)
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 (NRC), Mail Stop T7E18, Washington, DC 20555.
Telephone: 301-415-6626; fax number: 301-415-5397; e-mail:
dwn@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
NRC is considering the issuance of a license amendment to the S.C.
Holdings, Inc. Material License, No. SUC-1565. The amendment would
incorporate the Decommissioning Plan (DP), the Quality Assurance
Project Plan for Decommissioning Activities, and the Health and Safety
Plan for Site Decommissioning Activities into Materials License SUC-
1565.
NRC has prepared an Environmental Assessment (EA) in support of
this amendment request in accordance with the requirements of 10 CFR
Part 51. Based on the EA, NRC concluded that a Finding of No
Significant Impact (FONSI) is appropriate.
II. Environmental Assessment
Background
The S.C. Holdings site is a part of the former (now closed)
industrial waste disposal area locally known as the Hartley & Hartley
Landfill. The landfill is a former waste disposal facility that
accepted municipal and industrial waste from the 1950s until 1978. The
facility 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. During the period from 1970 to 1972,
foundry slag containing radioactive thorium (Th) and progeny was
disposed of in the Northwest Landfill, and in two small slag piles
outside of the Northwest Landfill (Slag Piles A and B). There are no
records of Th-bearing slag outside the Northwest Landfill and the two
slag piles. In 1995, the NRC issued Source Materials License No. SUC-
1565 to SCA Services, Inc., for storage of radioactive Th and uranium
(U) in slag/waste at the Hartley & Hartley Landfill site. The current
owner of the property is S.C. Holdings, Inc., successor by merger to
SCA Services, Inc.
The Hartley & Hartley Landfill industrial disposal site has been
subdivided into two separate sites: the Michigan Department of Natural
Resources (MDNR) site and the S.C. Holdings, Inc. site. 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 disposal area. The 3-acre portion, now known as the
MDNR site, is part of the State of Michigan's Tobico Marsh State Game
Area. The remaining property comprises what is known as the S.C.
Holdings, Inc. site.
Post-closure activities at the site included construction of slurry
walls, subsurface clay dikes, and compacted clay covers over the
Northwest and East Landfills to contain the chemical wastes and
preclude the potential migration of chemical (non-radioactive)
contaminants beyond those areas already impacted by the disposal.
Wells and piping for a leachate collection and treatment system
(LCTS) will be installed within the Northwest Landfill. Wells and
piping have already been installed in the East Landfill and in the
adjacent MDNR waste cell. After piping is installed in the Northwest
Landfill, the LCTS will collect liquid (leachate) from the MDNR cell,
and the Northwest and East Landfills and pump the leachate to a single
collection tank located adjacent to the East Landfill. The LCTS was
designed to withdraw liquid contaminants (leachate) from the waste cell
and landfills to prevent hydrostatic pressure in the cell from building
to a point that chemical contaminants would leak out.
On November 26, 2003, S.C. Holdings, Inc. submitted a
Decommissioning Plan (DP) for the site. The DP outlined decommissioning
activities including excavating and relocating of Slag Piles A and B to
the Northwest Landfill, installing LCTS wells and piping in the
Northwest Landfill, and upgrading the existing cover over the Northwest
Landfill. Following these activities, the site would be released for
unrestricted use, as specified in 10 CFR 20.1402, and the radioactive
materials license would be terminated. On October 14, 2004, and October
28, 2005, the NRC staff transmitted letters to S.C. Holdings, Inc.
requesting additional information (RAI) related to the DP. In letters
dated May 9, 2005, and December 8, 2005, S.C. Holdings, Inc. responded
to the RAIs.
The Proposed Action
The proposed action is to amend Source Materials License No. SUC-
1565 to incorporate the DP, the Quality Assurance Plan, and the Health
and Safety Plan into the license. The DP proposes excavating and
relocating Slag Piles A and B to the Northwest Landfill, installing
LCTS wells and piping in the Northwest Landfill, and upgrading the
existing cover over Northwest Landfill. With regard to the radiological
materials, the site will be released for unrestricted use in accordance
with 10 CFR 20.1402.
Need for the Proposed Action
The proposed action is to amend Source Materials License No. SUC-
1565 to authorize activities on-site that would lead to the release of
the S.C. Holdings, Inc. site located at 2370 South Two Mile Road, Bay
City, Michigan, for unrestricted use. The licensee's proposed action of
relocating the Th-bearing slag from Slag Piles A and B into the
Northwest Landfill and leaving all of the radioactive material in place
within the Landfill is one option that would conform with the NRC
regulation that the dose to the average member of the critical group is
below the requirements in 10 CFR Part 20 Subpart E for license
termination and unrestricted release. The licensee needs the license
amendment incorporating the DP, the Quality Assurance Project Plan, and
the Health and Safety Plan into the license, to be able to decommission
the site. The NRC is fulfilling its responsibilities under the Atomic
Energy Act, as amended, to make a decision on a proposed license
amendment for incorporation of a DP into the license and to ensure
adequate
[[Page 10725]]
protection of public health and safety and the environment.
Alternatives to the Proposed Action
S.C. Holdings, Inc. considered four alternatives to the proposed
decommissioning plan: (1) Completely removing Slag Piles A and B and
the contents of the East and Northwest Landfills (both radiological and
chemical materials); (2) removing only the radiological material from
the Piles and the Northwest Landfill; (3) relocating Slag Piles A and B
into the Northwest Landfill, installing a LCTS in the Northwest and
East Landfills, and enhancing the Northwest Landfill Cap; and (4)
taking no remedial action and retaining the site license (``No Action
Alternative''). The licensee's preferred alternative is Alternative No.
3, which is described, in detail, in the DP.
The S.C. Holdings, Inc. site contains both radiological and
chemical materials. The chemical materials are regulated by the State
of Michigan Department of Environmental Quality (MDEQ) under Part 201
of Michigan regulations. The chemical materials are contained within
the East and Northwest Landfills both of which have slurry walls and
caps. The radiological materials are confined to the Northwest Landfill
and Slag Piles A and B. The Slag Piles are covered with clay fill.
Alternatives 1 and 2 would cause the contents of the waste cell to
be open to the environment and disturbed, potentially leading to
release of those contents into the surrounding environment.
Specifically, excavation of the landfills would expose workers and
visitors to hazardous materials within the cell. Hazardous materials
could be released into the surrounding environment via effluents,
airborne particles and/or gases. Shipping the materials off-site for
disposal could also expose workers and others to the materials before,
during, and after shipment to a waste disposal site. The environmental
impact presented by these two alternatives could potentially put
workers and the surrounding environment at risk, and therefore, are not
environmentally sound options.
Alternative 3 is the preferred alternative, because the alternative
has little, if any, impact on the environment. Once Piles A and B have
been relocated, all radiological materials will be confined to the
Northwest Landfill. Based on an independent dose assessment, the NRC
staff concluded that, if the radiological material is consolidated into
the Northwest Landfill and the LCTS is left in place, as described in
the DP, then no additional actions would be needed at the S.C. Holdings
site for it to be released for unrestricted use per 10 CFR 20.1402.
The impacts from the ``No Action Alternative'' (Alternative 4) are
similar to the preferred alternative, in that, they would present
little if any risk to workers and/or the surrounding environment.
However, Alternative 4 is not acceptable, because retaining a license
would impose an unnecessary regulatory burden on S.C. Holding, Inc.
Since no additional actions would be needed at the site following the
proposed actions, described in the DP (Alternative 3), for it to be
released for unrestricted use per 10 CFR 20.1402, there would no longer
be any need for requiring that the licensee maintain site security and/
or maintain the site's materials license.
Environmental Impacts of the Proposed Action
The affected environment at the Site includes the Northwest
Landfill bounded by a slurry wall covered with a cap, and two piles of
slag (Slag Piles A and B) located adjacent to the Northwest Landfill.
The slag in Slag Piles A and B will be excavated and relocated into the
Northwest Landfill through a small hole that will be cut into the cap.
The volume of material in Piles A and B is small in comparison to the
volume of the Landfill, therefore the physical placement of the
material into the Landfill will have no significant adverse effect on
the materials already located in the Northwest Landfill.
The residual radioactivity at the site consists of foundry waste
containing U/Th slag in the Northwest Landfill and two small areas of
U/Th slag (Slag Piles A and B) located just outside the slurry wall
surrounding the Northwest Landfill.
Additional radiological contamination could result from the primary
source term at the site through the operation of the existing Leachate
Collection and Treatment System (LCTS). The LCTS could result in the
leakage of thorium and its daughter products on the cap surface. Also,
the storage of thorium and its daughter products in an above ground
leachate tank associated with the LCTS could result in gamma radiation
exposure to site workers. Radioactivity associated with the LCTS and
the leachate tank would originate from groundwater in contact with the
thorium-bearing slag in the waste cell.
The non-radiological contamination at this site is contained within
both the Northwest and East Landfills. 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 terminates the license. Approval of the proposed
action does not absolve the licensee of any other responsibilities it
may have under Federal, State, or local statutes or regulations
regarding the non-radiological contamination.
Much of the immediate area, except for the adjacent Bangor Township
Landfill, is marsh land of the Tobico Marsh State Game Area. Also
adjacent to the site is a separate facility known as MDNR Tobico Marsh
State Game Area Site, previously licensed by the NRC. There are several
ponds located on the site that had been excavated for sand as part of a
quarry operation prior to landfilling or had been excavated during site
activities for cell construction or cover material. The shallow
groundwater on-site is non-potable.
The environmental impacts of the licensee's requested action were
evaluated by reviewing the results of S.C. Holdings, Inc. dose
assessments for the Northwest Landfill and the slag piles. The
licensee's assessments assume that the radiological contaminants remain
within the Northwest Landfill, and surface soil of the excavated slag
piles does not exceed the derived concentration guideline levels
(DCGLs) of the DP. The licensee used the computer code, RESRAD Version
6.2, to demonstrate that doses from residual radioactivity do not
exceed the regulatory limit (25 millirem (mrem)/yr). The licensee used
the model to calculate the radiation dose expected to be received by a
hypothetical industrial worker beginning at the time of site closure
and extending into the future (i.e., 1000 years). The NRC staff
performed independent analyses of the licensee's dose assessments and
NRC's results were in agreement with S.C. Holdings, Inc. methods and
procedures.
For the residual radioactivity in the Northwest Landfill, the
licensee assumed U and Th concentrations as measured by Oak Ridge
Associated University (ORAU) in 1985. ORAU determined that the
concentrations of the individual radionuclides present in the Northwest
Landfill were: (1) Lead-210--0.61pCi/g, (2) Radium (Ra)-226--0.61pCi/g,
(3) Ra-228--18.67pCi/g, (4) Th-228--17.96pCi/g, (5) Th-230--2.54pCi/g,
(6) Th-232--18.67pCi/g, and (7) U-234--2.54pCi/g. The licensee's
expected dose from to the material in the Northwest Landfill was 5
mrem/yr and no DCGLs were reported for the Landfill.
For the residual soil surface radioactivity of the excavated slag
piles, the licensee derived DCGLs. The licensee did not take into
account
[[Page 10726]]
exposure from material in the Northwest Landfill in deriving the DCGLs
for the remediated slag piles, because the dose contribution from the
Northwest Landfill at the slag piles locations would not be
distinquishable from background. These DCGLs reflect the concentration
of radionuclides that may be present outside of the Northwest Landfill
and result in a maximum dose of less than 25 mrem per year over
background. The presence of these isotopes will be verified after the
remediation is completed and the final status survey is implemented.
Micro Shield, Version 5.01, was used to determine the dose from
exposure to the leachate tank. S.C. Holdings assumed that the 15,000-
gallon leachate storage tank that is located on the site is used to
collect leachate for the Northwest Landfill. The modeled scenario
assumed that tank is always completely full and the presence of thorium
radioactivity in slag at the specific activity limit. The exposure
scenario involves a worker who hypothetically stands 1 meter from the
leachate storage tank. For leachate leakage from the LCTS, the licensee
used an analysis performed by MDNR. The annual dose for the potential
leaking of the LCTS determined by MDNR was less than 1 mrem/yr. S.C.
Holding's analysis for the gamma radiation exposure for a worker within
close proximity to the leachate tank was less than 2 mrem/yr.
The NRC staff evaluated the potential radiological exposure to
offsite receptors 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. The solubility of Th in groundwater is very low.
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, and none are anticipated, in the future.
The NRC staff reviewed the potential Environmental Impacts of the
licensee's requested action to relocate the Slag Piles into the
Northwest Landfill and leave the Northwest Landfill ``as is'' and
release it for unrestricted use. 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 EA 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 organization had
concerns regarding this licensing action. No remedial actions are
planned for the site. Therefore, the release of the S.C. Holdings, Inc.
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.
The NRC provided a draft of this EA to the MDEQ for its review on
October 27, 2005. The 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 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 proposed action are expected to be insignificant and has determined
that preparation of an Environmental Impact Statement (EIS) is not
needed for the proposed action.
Sources Used
1. NRC License No. SUC-1565.
2. S.C. Holdings, Inc., Letter dated November 26, 2003, ``Submittal
of the Decommissioning Plan SCA Hartley & Hartley Landfill Site,
Kawkawlin Township, Michigan NRC Materials License No. SUC-1565, Docket
No. 40-9022.'' [ADAMS Accession No. ML033450337]
3. NRC, Letter dated October 14, 2004, ``The Nuclear Regulatory
Commission's Request for Additional Information (RAI) with Regard to
the Decommissioning Plan 1, for the S.C. Holdings, Inc. Hartley and
Hartley Landfill Site, Kawkawlin, Michigan.'' [ADAMS Accession No.
ML042670354]
4. S.C. Holdings, Inc., Letter dated May 9, 2005, ``Response to RAI
SCA Hartley & Hartley Landfill Site, Kawkawlin Township, Michigan NRC
Source License SUC-1565.'' [ADAMS Accession No. ML051380221]
5. S.C. Holdings, Inc., Letter dated December 8, 2005, ``Response
to Second Request for Additional Information SCA Hartley & Hartley
Landfill Site, Kawkawlin Township, Michigan NRC Source License SUC-
1565.'' [ADAMS Accession No. ML053480161]
6. S.C. Holdings, Inc., Letter dated September 15, 2005,
``Submittal of the Quality Assurance Project Plan and the Health and
Safety Plan for Site Decommissioning SCA Hartley & Hartley Landfill
Site, Kawkawlin Township, Michigan NRC Source License SUC-1565.''
[ADAMS Accession No. ML052640183]
7. NUREG-1748, Environmental Review Guidance for Licensing Actions
Associated with NMSS Programs, August 2003.
8. NUREG-1757, Volume 1, Rev 1, Consolidated NMSS Decommissioning
Guidance, Decommissioning Process for Materials Licensees, Final
Report, September 2003.
9. Title 10 Code of Federal Regulations, Part 20, Subpart E,
``Radiological Criteria for License Termination.''
10. Title 10, Code of Federal Regulations, Part 51, ``Environmental
Protection Regulations for Domestic Licensing and Related Regulatory
Functions.''
11. NUREG-1496, Generic Environmental Impact Statement of
Rulemaking on Radiological Criteria for License Termination of NRC-
Licensed Nuclear Facilities, July 1997.
12. MDNR, Response to RAI--Tobico Marsh State Game Area Site and
Submission of Additional Information Relative to the Decommissioning
Plan, August 27, 2004.
III. Finding of No Significant Impact
Based upon the analysis in this EA, NRC staff has concluded that
there will be no significant environmental impacts from the proposed
action and has determined not to prepare an Environmental Impact
Statement for the proposed action.
IV. Further Information
Documents related to this action, including the application for
amendment and supporting documentation, are available electronically at
NRC's Electronic Reading Room at https://www.nrc.gov/
[[Page 10727]]
reading-rm/adams.html. From this site, you can access NRC's ADAMS,
which provides text and image files of NRC's public documents. The
ADAMS accession numbers for the documents related to this notice are:
ML033450337 for the November 26, 2003, letter submitting the
Decommissioning Project Plan; ML052640183 for the September 15, 2005,
letter submitting the Quality Assurance Plan and the Health and Safety
Plan, and ML051380221 and ML053480161 for the May 9, 2005, and December
8, 2005, letters responding to NRC requests for additional information.
If you do not have access to ADAMS or if there are problems accessing
the documents located in ADAMS, contact NRC's Public Document Room
(PDR) Reference staff at 1-800-397-4209, 301-415-4737, or by email to
pdr@nrc.gov.
These documents may also be viewed electronically on the public
computers located at NRC's PDR, O-1F21, One White Flint North, 11555
Rockville Pike, Rockville, MD 20852. The PDR reproduction contractor
will copy documents for a fee.
Dated at Rockville, Maryland this 20th day of February 2006.
For The Nuclear Regulatory Commission.
Daniel M. Gillen,
Deputy Director, Decommissioning Directorate, Division of Waste
Management and Environmental Protection, Office of Nuclear Material
Safety and Safeguards.
[FR Doc. E6-2947 Filed 3-1-06; 8:45 am]
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