COMSECY-06-0056

November 14, 2006

MEMORANDUM TO: Chairman Klein

Commissioner McGaffigan

Commissioner Merrifield

Commissioner Jaczko

Commissioner Lyons

FROM: Luis A. Reyes /RA/

Executive Director for Operations

SUBJECT: COMPLETION OF DECOMMISSIONING AT THE KAISER ALUMINUM

FACILITY AND CONSULTATION WITH THE U.S. ENVIRONMENTAL

PROTECTION AGENCY UNDER THE U.S. NUCLEAR REGULATORY

COMMISSION/U.S. ENVIRONMENTAL PROTECTION AGENCY

MEMORANDUM OF UNDERSTANDING

On October 9, 2002, the U.S. Nuclear Regulatory Commission (NRC) and the U.S.

Environmental Protection Agency (EPA) entered into a Memorandum of Understanding (MOU)

entitled, “Consultation and Finality on Decommissioning and Decontamination of Contaminated

Sites.” The MOU provides that, unless an NRC-licensed site exceeds any of three trigger

criteria contained in the MOU, EPA agrees to defer to NRC the decision-making for

decommissioning without the need for consultation. 

In SECY 03-0112, “Site Specific Consultation Under the 2002 Memorandum of Understanding

Between the U.S. Nuclear Regulatory Commission and the U.S. Environmental Protection

Agency” (ML0313604630), dated July 7, 2003, the staff established a process for complying

with the MOU. Per this process, for sites with residual radioactivity that exceed the criteria in

the MOU, NRC will consult with EPA at two points in the decommissioning process: (Level 1)

before NRC’s approval of the license termination plan or decommissioning plan (DP); and

(Level 2) after completion of the final status survey (FSS). 

NRC’s process for consulting with EPA calls for Level 1 consultations to occur early in the

decommissioning process. However, NRC has several sites that are in the latter stages of

decommissioning. Because these sites are further along in the decommissioning process, the

appropriate opportunity for consultation with EPA, should it be required, is the Level 2

consultation that follows the completion of the FSS. 

On October 27, 2004, NRC informed EPA that the Kaiser Aluminum and Chemical Corporation

(Kaiser) site in Tulsa, Oklahoma, was a site that may require a Level 2 consultation. Because

the site already had an approved DP, there had been no opportunity for a Level 1 consultation.

CONTACT: John T. Buckley, FSME/DWMEP

 (301) 415-6607
The Commissioners 2

Kaiser has completed decommissioning activities at its Tulsa, Oklahoma site. Because Kaiser

is not a licensee, Kaiser was not obligated to meet the criteria of the License Termination Rule

(LTR) in 10 CFR 20, Subpart E. However, Kaiser agreed to decommission the site in

accordance with the dose-based LTR criteria, which are fully protective of the public health and

safety. 

Staff has completed its review of the Kaiser FSS, and has verified that some soil remaining onsite, at 10 feet or more below the surface of the site, has thorium concentrations up to 31

picocuries per gram (pCi/g), exceeding the MOU soil value of 5 pCi/g. The soil containing

residual radioactivity is overlain by a minimum of 10 feet of clean soil containing 

Th-232 at concentrations that do not exceed environmental background levels. The estimated 

post-decommissioning dose to the average member of the critical group from all relevant

pathways, assuming a resident farmer scenario, is less than 2 millirem per year. 

Because Kaiser has completed all decommissioning activities described in the approved DP 

and the site meets NRC criteria for unrestricted use, the staff finds that Kaiser has discharged

all of its obligations with respect to the decommissioning of its Tulsa, Oklahoma site. 

To fulfill its obligations under the MOU, the staff has prepared a letter to inform EPA of NRC’s

conclusions about the site (Enclosure 1) and in accordance with SRM-SECY-03-0206,

“Implementation of Site-Specific Consultation Under the 2002 Memorandum of Understanding

Between the USNRC and the USEPA” (ML040430439) is forwarding the letter to the

Commission for consultation. Staff has also prepared a letter to inform Kaiser of staff’s

conclusions about the site and to establish contact with EPA per the MOU (Enclosure 2). 

Kaiser was previously told about the need for a Level 2 consultation.

Unless directed otherwise by the Commission, staff will send the enclosed Level 2 consultation

letter to EPA on November 27, 2006. If requested, staff can brief the Commissioner’s

Technical Assistants to provide additional background information on the Kaiser site.

Kaiser is the third Level 2 consultation conducted since the staff received SRM-SECY 03-0206. 

Previous consultations for the Cabot and Kerr McGee Cushing sites resulted in no significant

issues raised by either the EPA or the Commission that altered NRC actions in these cases. 

Accordingly, staff believes this process has become routine and requests approval to process

future Level 2 consultations without prior Commission approval. The staff proposes to inform

the Commission coincident with future EPA consultations.

SECY, please track.

Enclosures:

1. Letter to EPA

2. Letter to Kaiser

cc: SECY

OGC

OCA

OPA

CFO
The Commissioners 2

Kaiser has completed decommissioning activities at its Tulsa, Oklahoma site. Because Kaiser

is not a licensee, Kaiser was not obligated to meet the criteria of the License Termination Rule

(LTR) in 10 CFR 20, Subpart E. However, Kaiser agreed to decommission the site in

accordance with the dose-based LTR criteria, which are fully protective of the public health and

safety. 

Staff has completed its review of the Kaiser FSS, and has verified that some soil remaining onsite, at 10 feet or more below the surface of the site, has thorium concentrations up to 31

picocuries per gram (pCi/g), exceeding the MOU soil value of 5 pCi/g. The soil containing

residual radioactivity is overlain by a minimum of 10 feet of clean soil containing 

Th-232 at concentrations that do not exceed environmental background levels. The estimated 

post-decommissioning dose to the average member of the critical group from all relevant

pathways, assuming a resident farmer scenario, is less than 2 millirem per year. 

Because Kaiser has completed all decommissioning activities described in the approved DP 

and the site meets NRC criteria for unrestricted use, the staff finds that Kaiser has discharged

all of its obligations with respect to the decommissioning of its Tulsa, Oklahoma site. 

To fulfill its obligations under the MOU, the staff has prepared a letter to inform EPA of NRC’s

conclusions about the site (Enclosure 1) and in accordance with SRM-SECY-03-0206,

“Implementation of Site-Specific Consultation Under the 2002 Memorandum of Understanding

Between the USNRC and the USEPA” (ML040430439) is forwarding the letter to the

Commission for consultation. Staff has also prepared a letter to inform Kaiser of staff’s

conclusions about the site and to establish contact with EPA per the MOU (Enclosure 2). 

Kaiser was previously told about the need for a Level 2 consultation.

Unless directed otherwise by the Commission, staff will send the enclosed Level 2 consultation

letter to EPA on November 27, 2006. If requested, staff can brief the Commissioner’s

Technical Assistants to provide additional background information on the Kaiser site.

Kaiser is the third Level 2 consultation conducted since the staff received SRM-SECY 03-0206. 

Previous consultations for the Cabot and Kerr McGee Cushing sites resulted in no significant

issues raised by either the EPA or the Commission that altered NRC actions in these cases. 

Accordingly, staff believes this process has become routine and requests approval to process

future Level 2 consultations without prior Commission approval. The staff proposes to inform

the Commission coincident with future EPA consultations.

SECY, please track.

Enclosures:

1. Letter to EPA

2. Letter to Kaiser

cc: SECY OGC OCA OPA CFO

DISTRIBUTION:

FSME r/f DWMEP r/f RidsEdoMailCenter RidsSecyCorrespondenceMailCenter

BFleming DCD r/f RidsFsmeOd EDO r/f ML062760600

OFFICE DWMEP DWMEP DWMEP OGC DWMEP

NAME JBuckley RRodriguez CCraig STreby KMcConnell

DATE 9/12/06 9/14/06 9/15/06 9/28/06 9/19/06

OFFICE TechEd DWMEP FSME EDO

NAME CBladey LCamper CMiller LReyes

DATE 10/ 06 /06 10/17/06 11/13/06 11/14/06

OFFICIAL RECORD COPY
Barnes Johnson, Acting Director

Office of Superfund Remediation

 and Technology Innovation

U.S. Environmental Protection Agency

M.S. 5210G

1200 Pennsylvania Avenue, NW

Washington DC 20460

SUBJECT: DECOMMISSIONING OF THE KAISER ALUMINUM AND CHEMICAL

CORPORATION SITE IN TULSA, OKLAHOMA

Dear Mr. Johnson:

This letter is to notify you of the decommissioning oversight actions that the U.S. Nuclear

Regulatory Commission (NRC) has taken, and intends to take, for the Kaiser Aluminum and

Chemical Corporation (Kaiser) site in Tulsa, Oklahoma.

On October 9, 2002, NRC and the U.S. Environmental Protection Agency (EPA) entered into a

Memorandum of Understanding (MOU) titled, “Consultation and Finality on Decommissioning

and Decontamination of Contaminated Sites.” The MOU provides that, unless an NRC-licensed

site exceeds any of three trigger criteria contained in the MOU, EPA agrees to defer to NRC the

decision-making for decommissioning without the need for consultation. 

For sites with residual radioactivity that trigger the MOU criteria, NRC consults with EPA at two

points in the decommissioning process depending on the nature of the residual radioactivity at

that point: (Level 1) before NRC’s approval of the license termination plan (LTP) or

decommissioning plan (DP); and (Level 2) after completion of the final status survey (FSS). 

NRC’s process for consulting with EPA calls for Level 1 consultations to occur early in the

decommissioning process; however, NRC has several sites which are in the latter stages of

decommissioning. Because these sites are further along in the decommissioning process, the

next opportunity to consult with EPA is after the completion of the FSS (Level 2 consultation). 

On October 27, 2004, NRC informed EPA that the Kaiser facility had an approved DP that

included radionuclide concentrations for soil that exceeded the values in the MOU for Thorium232 (Th-232) and Radium-226. EPA responded to this letter on December 21, 2004, and on

February 23, 2005, NRC committed to additional consultation with EPA to resolve any

remaining issues, if, following remediation activities, remaining levels of residual radioactivity

exceed the MOU values. 

This letter is to notify you that the Kaiser site requires a Level 2 consultation because postremediation residual radioactivity levels exceed the 5 picocuries per gram (pCi/g) MOU criteria

for thorium in soil. The NRC staff has completed its review of the Kaiser FSS, and has verified

that Kaiser met the decommissioning criteria specified in the approved DP, and that some soil

remaining on-site at depths greater than 10 feet below the surface, has thorium concentrations
B. Johnson 2

up to 31 pCi/g. The soil containing residual radioactivity above the MOU criteria is overlain by a

minimum of 10 feet of clean soil containing thorium at concentrations that do not exceed

environmental background levels. Concentrations of Ra-226 do not exceed the MOU values

and radionuclide concentrations in groundwater at the site do not exceed the MOU criteria.

Because Kaiser is not a licensee, Kaiser was not obligated to meet the criteria of the License

Termination Rule (LTR) in 10 CFR 20, Subpart E. However, Kaiser agreed to remediate the

site in accordance with the LTR criteria, which are fully protective of the public health and

safety. The estimated dose from remaining residual radioactivity at Kaiser, assuming a resident

farmer scenario, is less than 2 millirem per year.

As part of the DP review and approval process, the NRC staff prepared, and issued for public

comment, environmental assessments (EAs) to document how remediation at the Kaiser

site would ensure protection of the public health and safety, and the environment.

The EA for the first phase was published in the Federal Register on March 8, 2000, at 65 FR

12283, and the EA for the second phase was published in the Federal Register on June 9,

2003, at 68 FR 34422. The EAs concluded that remediation activities would not result in any

significant impacts on the human environment and are protective of human health. Approval of

the DPs was based on the NRC staff’s Safety Evaluation Reports (SERs) issued on April 4,

2000 (Phase 1) (ML003715786), and June 8, 2003 (Phase 2) (ML031620343). The SERs

concluded that the activities described in the DPs were consistent with NRC regulations and

that remediation activities would not be inimical to the common defense and security, or to the

health and safety of the public.

Kaiser has completed all decommissioning activities described in the approved DPs, and the

site meets the NRC’s criteria for unrestricted use, based on an analysis of potential doses to

the public from residual radioactivity at the site. As such, the NRC finds that Kaiser has

discharged all of its obligations to the NRC with respect to the decommissioning of its Tulsa,

Oklahoma site. In accordance with 10 CFR 20.1401(c), NRC will not require Kaiser to perform

additional decommissioning activities at the site, unless new information demonstrates that the

criteria were not met and residual radioactivity at the site could result in a significant threat to

public health and safety. 

If EPA believes that unresolved issues remain regarding the Kaiser site, please contact Keith

McConnell, Deputy Director, Decommissioning & Uranium Recovery Licensing Directorate, at

301-415-7295, to establish the time frame and conditions for a Level 2 consultation. NRC

intends to finalize its activities by December 18, 2006. Please contact NRC as soon as possible

if any issues remain to be resolved regarding this site. 

Sincerely,

Charles L. Miller, Director

Office of Federal and State Materials

 and Environmental Management Programs 
Mr. Bill Vinzant

Project Manager

Kaiser Aluminum & Chemical Corporation

9141 Interline Avenue, Suite 1A

Baton Rouge, LA 70809

SUBJECT: COMPLETION OF DECOMMISSIONING ACTIVITIES AT KAISER ALUMINUM

AND CHEMICAL CORPORATION (KAISER) SITE IN TULSA, OKLAHOMA

Dear Mr. Vinzant:

On September 14, 2006, Kaiser notified the U.S. Nuclear Regulatory Commission (NRC) that it

had completed decommissioning and final status surveys (FSSs) for Kaiser’s Tulsa, Oklahoma

Site, in accordance with its approved decommissioning plan (DP). The NRC staff has

completed the review of the FSS Reports (FSSRs) and concludes, in accordance with 10 CFR

40.42(k), that: (1) source material has been properly disposed; (2) reasonable effort has been

made to eliminate residual radioactive contamination; (3) submitted FSSRs and associated

documentation, demonstrate that the facility and site are suitable for release in accordance with

the criteria for decommissioning in 10 CFR Part 20, Subpart E; and (4) records required by

10 CFR 40.61(d) and (f) have been received. Therefore, the staff concludes that Kaiser has

completed all decommissioning activities described in the approved DP for the site, and the site

meets the NRC’s criteria for unrestricted use based on an all-pathways analysis of potential

doses to the public from residual radioactivity at the site. 

Accordingly, the NRC finds that Kaiser has discharged all of its obligations to the NRC with

respect to the decommissioning of its Tulsa, Oklahoma site. In accordance with 10 CFR

20.1401(c), NRC will not require Kaiser to perform additional decommissioning activities at the

site unless new information demonstrates that the criteria were not met and residual

radioactivity at the site could result in a significant threat to public health and safety. 

On October 9, 2002, the NRC and the U.S. Environmental Protection Agency (EPA) entered

into a Memorandum of Understanding (MOU) titled, “Consultation and Finality on

Decommissioning and Decontamination of Contaminated Sites.” The MOU provides that,

unless an NRC-licensed site exceeds any of three trigger criteria contained in the MOU, EPA

agrees to defer to NRC the decision-making on decommissioning without the need for

consultation. For sites with residual radioactivity that trigger the criteria in the MOU, NRC will

consult with EPA at two points in the decommissioning process: (Level 1) before NRC’s

approval of the license termination plan (LTP) or decommissioning plan (DP); and (Level 2)

after completion of the FSS. 

On October 27, 2004, NRC informed EPA that the Kaiser site has an approved DP that includes 

radionuclide concentrations for soil that exceed the values in the MOU for Thorium-232 (Th232) and Radium-226. NRC committed to additional consultation with EPA to resolve any

remaining issues, if, following remediation activities, remaining levels of residual radioactivity

exceeded MOU values. Staff has reviewed the Kaiser FSSR, and has verified that some soil
B. Vinzant 2

remaining on-site, at 10 feet or more below the surface of the site, has thorium concentrations

up to 31 picocuries per gram (pCi/g), exceeding the MOU soil value of 5 pCi/g. However,

concentrations of Ra-226 do not exceed the MOU values and radionuclide concentrations in

groundwater at the site do not exceed the MOU criteria. NRC has informed EPA of the as-left

condition of the Kaiser site and has requested that EPA identify any unresolved issues

regarding the site. If EPA identifies any unresolved issues associated with the Kaiser site, NRC

will contact you. However, as stated above, Kaiser has discharged all of its obligations to the

NRC with respect to the decommissioning of its Tulsa, Oklahoma site and NRC will not require

Kaiser to perform additional decommissioning activities at the site, unless new information

demonstrates that the criteria were not met and residual radioactivity at the site could result in a

significant threat to public health and safety. 

The staff’s review of the FSSRs is documented in Enclosure 1: Safety Evaluation Report. 

Enclosure 2 is the Notice of Completion of Decommissioning which is being sent to the Office of

the Federal Register for publication.

In accordance with NRC’s regulations at 10 CFR 2.390, "Rules of General Applicability," a copy

of this letter will be available electronically in the NRC Public Document Room or from the

Publically Available Records (PARS) component of the NRC's document system (ADAMS). 

ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html.

If you have any questions please contact John Buckley at (301) 415-6607.

Sincerely,

Keith I. McConnell, Deputy Director

Decommissioning & Uranium Recovery 

 Licensing Directorate

Division of Waste Management 

 and Environmental Protection

Office of Federal and State Materials

 and Environmental Management Programs

Enclosures:

1. Safety Evaluation Report

2. Federal Register Notice

Docket No.: 040-2377

License No.: STB-472

cc: Kaiser Aluminum Service list