S•

REG&,

'--9-,'

-..-0

0 - 0

-'C;.

~- 6' 0 * ** ~

UNITEDSTTS, UTEQUEST REPLY BY:

NUCLEAR REGULATORY COMMISSION

WASHINGTON, D.C. 20555-0001

COMSECY-06-0056

I Approve the staffs proposal to process

future level 2 consultations without prior

Commission approval, and to inform the

Commission coincident with future EPA

consultations. I have no objection to the

letters, as edited by Commissioners

McGaffigan and Lyons.

November 14, 2006

MEMORANDUM TO:

FROM:

SUBJECT:

Chairman Klein

Commissioner McGaffigan

Commissioner MMrrifiel

Corrynissioney1 zz

C missijo(y

ýu~isA. Reyes

Executive Directo Operations

t~l .klein~

D/ate6

Date

COMPLETION OF DECOMMISSIONING AT THE KAISER ALUMINUM

FACILITY AND CONSULTATION WITH THE U.SI 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 heed 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 Ivith EPA at two points in the.decommissioning process: (Level 1)

before NRC's approvalf 56f th-e 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 inhformed 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.

'C,

CONTACT: John T. Buckley, FSME/DWMEP

(301) 415-6607

7)
REG&T - STSTTE R P EPY BY: j~io

NUCLEAR REGULATORY COMSECY-06-0056

0 WASHINGTON. D.C. 20555-0001

** November 14, 2006 "

MEMORANDUM TO: Chairman Klein

Commissioner McGaffigan . a A - -

Commissioner M rrifieli- *Co nynissione;azl

FROM: uis A., Reyes

Executive Directo fo Operations

SUBJECT: COMPLETION OF DECOMMISSIONING AT THE KAISER ALUMINUM(11\) )

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 pro'cess 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
PýB REno

UNITED STATES

oNUCLEAR REGULATORY COMMISSION

)£' 0 WASHINGTON, D.C. 20555-0001

Barnes Johnson', Acting Director

Office of Superfund Remediation

and Technology Innovation

U.S. Environmental ProtectionAgency

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, Okla, hmai.

On. October 9, 2002, NRC and the U.S. Environ einital Protection Ageincy (EPA) entered into a

Memorandum of Understanding (MOU) titled, "ConsuiiltatioriI Finality on Decommissioning

and Decontamination of Contaminated .$ies." The MOU pro'ides that, unless an NRC-licensed

site exceeds any of three trigger criteria contain.ed in the MOU, EPA •agrees to defer to NRC the

decision-making for decommissioning•without the need fo.rconsultation.

For sites with residual radioactivity tthat trigger the MO.U criteria, NRC consults with EPA at two

points in the..decommissionihg p.ivocess de'pending on the nature of the residual radioactivity at

that point. (Lev.le 1) before .NRC.s approval ofi the license termination plan (LTP) or

decommisisingp•" plain (DP)ý an• .(Level 2) after completion of the final status survey (FSS).

NRC's proc0 1s's forf c nsulting'. vith: E-P calls for Level 1 consultations to occur early in the

decommissionihig ,pro•,'ss; however I NC has several sites which are in the latter stages of

decommissionin•SB4ca'use these 'sites are further along in the decommissioning process, the

next opportunitjy o colnsuflt'with EPA is after the completion of the FSS (Level 2 consultation).

On Oc•ober 27, 2004, NRQC -ihforrned EPA that the Kaiser facility had an approved D.P that

included radionuclide concentrations for soil that exceeded the values in the MOU forhorium- /

23•? (Th-232) and yadii.•,.-226. EPA responded to this letter on December 21, 2004, and on 2<

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

renI a Iining issues, if•G.(ilowing remediation activities, remaining levels of residual radioactivity

exceed the MOU! values.

This Ie•r • is n•i otify 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 thoriumlin soil. The NRC staff has completed its review of the Kaiser FSS, and has verified Y

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 thoriunI concentrations./

- 2--

Enclosur~e 1
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 thoriurr'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

- U I C1 1U,ý11UC; IL .. .. a ao,,,. _. ,, ,., ,• o ,, ,.,,,, , a, , ,d,,, , a,y • ,uuc~,, a,Jn•u,, trv• I~ \-aoch,a , .S i •".. a~a ii a ii

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 howv remediatio{ at the Kaiser

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

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

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

2003, at 68 FR 34422. The EAs concluded that rernediaition activities would not resuiiltin any

significant impacts on the human environment and are protecti••ieof human health. Approval of

the DPs was based on the NRC staff's Safety Evaluation ReporI•• ,(SERs) issued on April 4,

2000 (Phase 1). (ML003715786), and June 8, 2003 (Phase 2) (N/1O331 6220343). The SERs

concluded that the activities described in the DPs were consistentwi•th NRC regulations and

that remediation activities would not be inimical to1hi'e C6ommon defense and security, or to the

health and safety of the public.

Kaiser has completed all decommissioning: activities .described ihthe approved DPs, and the

site meets the NRC's criteria for unrestricted use, based oni1 'i 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 toi NRC with respect to•the decommissioning of its Tulsa,

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

additional decommissioning~acti'ities at th i-site, unli`` new information demonstrates that the

criteria were not met and rsiidual radioactivity-atth site could result in a significant threat to

public hoeai-th and safety....

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

McConnell, Depiuy Director, Decommissiioning & 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 aictvities by December 18, 2006. Please contact NRC as soon as possible

if any issues remain to b6,'rT bl' dregarding this site.

.. Sincerely,

Charles L. Miller, Director

Office of Federal and State Materials

and Environmental Management Programs
3⁄4UNITED STATES

_ NUCLEAR REGULATORY CMISSvIONiiu~

0 . WASHINGTON, D.C. 20555-000-1

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 RegiuIatory Commission (NRC) that it

had completed decommissioning and final status surveys.•(FS•") for Kaiser's Tulsa, Oklahoma

Site, in accordance with its approved decommissioning2'3i-an'ri(DP). The NRC staff has

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

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

made to eliminate residual radioactive contaminationiii; i(3), submitted F"SRs and associated

documentation, demonstrate that the facility1and 'sitaeisdiiable for,,r6elease in accordance with

the criteria for decommissioning in 10 CFR'-art 20J,'Sbbai .E; a.nd•i4) records required by

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

completed all decommissioning activiti 6 8 described in the ;aI6p: roved DP for the site, and the site

meets the NRC's criteria for unrestricted use based on aniall-pathways analysis of potential

doses to the public from residual rpadioactivity.'iat the sit•e,!

Accordingly, the NRC finds,"that Kaiser has d.fischariged all of its obligations to the NRC with

respect togthe decommissio'iihg'of its Tulsa,;jOkahoma site. In accordance with 10 CFR

20.1401 (c),i NRC w ill ' not crequirQKaiser to perform additional decommissioning activities at the

site unless inifor(mation don~, strates that the criteria were not met and residual

radioactivity at the s• i pcould reu -Itin dsignificant threat to public health and safety.

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

into a Mem:orandum of-,Uhdi-.••ýIsanding (MOU) titled, "Consultation and Finality on

Decor i anissioning and onta'ination of Contaminated Sites." The MOU provides that,

unles' an NRC-licensedsi•. elxceeds any of three trigger criteria contained in the MOU, EPA

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

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

co•hsult with EPA at twio points in the decommissioning process: (Level 1) before NRC's

ap•ri•rval of the licer-rse termination plan (LTP) or decommissioning. plan (DP); and (Level 2)

after comn'pletion of the FSS.

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

radionuclide concentrations for soil that exceed the values in the MOU for -horium-232 (Th232) and .adium-226. NRC committed to additional consultation with EPAto resolve any /V

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

exceeded MOU values. Staff has reviewed the Kaiser FS'SR, and has verified that some soil

Enclosure 2
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 concentrationsin

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

conditior 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

1 ',,-, ' L L,. 1 I; rI IIO•4I•' .JI Il1 Ij ".jI ILO. ,I UlIQQ, . lII Q 'ILV , JOl.I cIlU I 1'... VV, II IUL I ULI]UH C:;

Kaiser to perform additional decommissioning activities at the site, unle~s new ,ihffrmation

demonstrates that the criteria were not met and residual radioactivity at' the sitb 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 O. ffice 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 Pub:•ic•.cument Room or from the

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

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

If you have any questions please contact John, Buckley at (.30) 41 5-6607.

Sinaerely,

KeithL: .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

Enc losuires:

1. Safety Evaluation Report

2.: Federal Register Notice

Docket No.: 040-23ý77

License No.: STB-472

cc: K• iseir Aluminum Service list
NCER UNI N RTEPLY BY..

NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001

I appr

staff

Level November 14, 2006 prior

Wnwo vo

o, I I InA '.

COMSECY-06-0056

ove both letters

request to proces:

2 consultations w

Commission approv C fnff Chnll rnv

MEMORANDUM TO: Chairman Klein to inform the Commissio5

Commissioner McGaffigan suchfuture E coult

Commissioner M rrifiel

Co ission eyaz

C missio'OnrM r felI 

r ey

FROM: A. Reeis s

xecutive Directo 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

and the

s future

ithout

al.

ntinue

n of

ations.

11/28/06

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
UNITED ST#L ES- " _ . ...

NUCLEAR REGULATORY COMMISSION COMSECY-06-0056

WASHINGTON, D.C. 20555-0001

November 14, 2006

MEMORANDUM TO:

FROM:

SUBJECT:

Chairman Klein

Commissioner McGaffigan

Commissioner M rrifiel

Comrpnissione#zt

C a2 missio er,.tvrf.v '

Approve of the staff's plan to inform

the Commission of future EPA

consultations and to send the letters.

ry B. Jaczko Date

is A. Reyes

cecutive Directo( 1 / Operations

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
.9,

41

UNITED S' , I SR P

NUCLEAR REGULATORY COMMISSION Cc

WASHINGTON, D.C. 20555-000i )MISEY-06-0056

November 14, 2006

MEMORANDUM TO:

FROM:

SUBJECT:

Chairman Klein

Commissioner McGaffigan

Commissioner Mrrifiel

Corn !ss!oney z

C mIssio ~y

is A. Reyes

Executive Directo Operations

Approve the Staff's plan to

notify the Commission regarding

all future consultations with

EPA and approve both the

letters with edits.

FPeterB . Litsm PA le

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) 41-5-6607
0 UNITED STATES

NUCLEAR REGULATORY COMMISSION

, WASHINGTON, D.C. 20555-0001

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 (KAISE• -)-SITE IN TU LSAOkLAHOMA

Dear Mr. Vinzant: E E

On September 14, 2006, Kaiser notified the U.S. Nuclear~i" latory Commission (NRC) that it

had completed decommissioning and final status surveys (ES•s) for Kaiser's Tulsa, Oklahoma

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

completed the review of the FSS Reports (FSSRs) and concludesn* a•cordance with 10 CER

40.42(k), that: (1) source material has been propejl7isposed; (2 bre--able effort has been made to eliminate residual radioactive c tamii~ ubmitted FSSRs and associated contari•i-, l fo s an asscrated documentation, demonstrate that the facility.A11d sit' i g oeease in accord.nce with

the criteria for decommissioning in 10 CFI9 'Part 20-San&4)records required by

10 CFR 40.61 (d) and (f) have been rec&(ied. TheagforeT •iff concludes that Kaiser has

completed all decommissioning activiti s descrnlbd in the aipi oved DP for the site, and the site

meets the NRC's criteria for unresi.•ted use 049ed on ay di.-pathways analysis of potential

doses to the public from residualHRdioactixNtt the siteE

Accordingyhe NRChas- e all of, its obligations to the NRC with

respect tOijleco mmisg:of its Tul sa OkI•hma site. In accordance with 10 CFR

20.1401(b)"NR o not toill ir[6a4i§ 16 ser to perform additional decommissioning activities at the

site unles j•£ation "4 srates that the criteria were not met and residual

radioactiv i i1ould re]ltiItii- ignificant threat to public health and safety. rad-pubit aic heath ndsafty

On October-•200," .. and tfie U.S. Environmental Protection Agency (EPA) entered

into a Meib~randum onding (MOU) titled, "Consultation and Finality on

Deco•m issioning and D ý neritination of Contaminated Sites." The MOU provides that,

unlebs an NRC-license-sit xceeds any of three trigger criteria contained in the MOU, EPA

agfpas to defer to NRQC,,the decision-making on decommissioning without the need for

cRoultation. For sites§ ith residual radioactivity that trigger the criteria in the MOU, NRC will

c bIt with EPA• "" " p : . re

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

Enclosure 2
A I .

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, assum Iing a resident

farmer scenario, is less than 2 millirem per year.

As part of the DP review and approval process, the NRC staff preparef.&k'd ssued for public

comment, environmental assessments (EAs) to documentfi.. remediatiori at the Kaiser .'Y

site would ensure protection of the public health and safe and the tivi

The EA for the first phase was published in the Federal:-egisteroaiMarch8 at 65FR 12283, and the 122 EA for 3, the ndtheb.JheFd second phase was publishefift F4"a eral Reg'sti " •--......97."''

2003, at 68 FR 34422. The EA oncluded that remediar 6[•{ivities would not V iin any

significant impacts on the . kpenvironment and are pr ctive of human health. Approval of

the DPs was based on the NRC staff's Safety Evaluation eEas) issued on April 4,

2000 (Phase 1) (ML003715786), and June 8, 2003 (P 2'04-). The SERs

concluded that the activities described in the DPs were consistewtRC regulations and

that remediation activities would not be inimicalltotecmmon defes n security, or to the

health and safety of the public.

Kaiser has completed all decommissionip <s hactivitie~derb¢ir•te ppovd ad h activititdecilbed in the approved DPs, and the

site meets the NRC's criteria for unrestfited useýhbased i&tralysis of potential doses to

the public from residual radioactivity1{athe site "fhe such, NRC finds that Kaiser has

discharged all of its obligations to.tIhb NRC witHrespect rthe decommissioning of its Tulsa,

Oklahoma site. In accordance 1j~tt 0 CF R120.1401 (c)I NRC will not require Kaiser to perform

additional decomrissioningcttes at th~i4i nl sflI new information demonstrates that the

critera etdiite could result in a significant threat to

public hea fds-trsafety;-&

If EPA belide1⁄2hEfa•CUnresolvd iss remain regarding the Kaiser site, please contact Keith

McConnell, Dpd]0 jWe.or ning Recovery Licensing Directorate, at

301-415-72954.~~cniiosoae ~ NRC

intends tofihnalize .. 1ittit y December 18, 2006. Pe sea 2.-... t IFrC ac so a'-"e---

Sincerely,

Charles L. Miller, Director

-. Office of Federal and State Materials

and Environmental Management Programs