[Federal Register Volume 71, Number 184 (Friday, September 22, 2006)]
[Notices]
[Pages 55515-55517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-8015]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 070-00026 and 040-03558]


Notice of Availability of Environmental Assessment and Finding of 
No Significant Impact for the Westinghouse Specialty Metals Plant in 
Blairsville, PA

AGENCY: Nuclear Regulatory Commission.

ACTION: Issuance of Environmental Assessment and Finding of No 
Significant Impact.

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FOR FURTHER INFORMATION CONTACT: Mark Roberts, Senior Health Physicist, 
Decommissioning Branch, Division of Nuclear Materials Safety, Region I, 
U.S. Nuclear Regulatory Commission, 475 Allendale Road, King of 
Prussia, Pennsylvania; Telephone: (610) 337-5094; fax number (610) 337-
5069; or e-mail: <a href="/cdn-cgi/l/email-protection#ed808e9fad839f8ec38a829b"><span class="__cf_email__" data-cfemail="aac7c9d8eac4d8c984cdc5dc">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC) has decided to take no 
further regulatory action at the Westinghouse Specialty Metals Plant 
site, located in Derry Township, near Blairsville, PA, off Township 
Road 966 (the Site). The Atomic Energy Commission (AEC) issued License 
Nos. SUC-509 and SNM-37 to Westinghouse Electric Corporation 
(Westinghouse) in the 1950s (pursuant to 10 CFR parts 40 and 70, 
respectively), authorizing the use of low enriched uranium, highly 
enriched uranium, and depleted uranium for conducting research and 
development, and for manufacturing activities related to the production 
of commercial and naval nuclear fuel. The two licenses were terminated 
in 1961 and 1964. The Site is currently being used for manufacturing 
operations that do not involve the use of licensed radioactive 
material.
    Subsequent NRC administrative reviews in the early 1990s and 
radiological surveys by Westinghouse identified residual radioactive 
contamination in excess of NRC criteria for release for unrestricted 
use. The Westinghouse corporate office at 4350 Northern Pike in 
Monroeville, PA, took technical responsibility for remediating the 
Site, and transmitted documentation indicating that the Site now meets 
NRC criteria for release for unrestricted use. Following a favorable 
technical review, the NRC intends to inform Westinghouse via letter of 
its decision that the Site now meets current NRC criteria for release 
for unrestricted use and the NRC will take no further regulatory action 
regarding the Site. The NRC will remove the Site from the NRC listing 
of complex decommissioning sites.
    Westinghouse requested this action in a letter dated February 15, 
2006. The NRC has prepared an Environmental Assessment (EA) in support 
of this proposed action in accordance with the requirements of Title 
10, Code of Federal Regulations (CFR), part 51 (10 CFR part 51). Based 
on the EA, the NRC has concluded that a Finding of No Significant 
Impact (FONSI) is appropriate with respect to the proposed action. The 
letter will be issued to Westinghouse following the publication of this 
FONSI and EA in the Federal Register.

II. Environmental Assessment

Identification of Proposed Action

    The proposed action would approve Westinghouse's February 15, 2006, 
request that the NRC concur that Westinghouse provided adequate 
documentation to conclude that the Site meets the requirements in 10 
CFR 20.1402 for release for unrestricted use and that the Site can 
therefore be removed from the NRC listing of complex decommissioning 
sites.
    The Site is situated on 485 acres and is located in a rural area 
with scattered residential and manufacturing properties within its 
vicinity. One of the four major buildings and two exterior areas at the 
Site contained radioactive contamination that has now been remediated. 
Within the buildings, use of licensed materials was primarily confined 
to the southeast quarter of the

[[Page 55516]]

205,000 ft \2\ main building, although material was used in other 
isolated areas of the building. Radioactive waste material was 
processed in a waste building south of the main building and 
contaminated zircalloy metal was burned in the vicinity of that 
building. The waste building was subsequently used for activities that 
did not involve the use of radioactive material and the building was 
later razed in approximately 1990. Some of the waste radioactive 
material had also been dumped in a quarried area on the east side of 
the Site.
    Westinghouse ceased licensed activities at the Site in the early 
1960s and moved production to other licensed facilities. 
Decontamination and radiological surveys were performed that were 
sufficient to allow termination of the licenses in the early 1960s, but 
radiological survey data in the files is limited. As a result of 
reviews of terminated licenses conducted by the Oak Ridge National 
Laboratory (ORNL) and the NRC in the early 1990s, the Site was 
identified as not having sufficient documentation to verify that it had 
been properly decontaminated prior to license termination. Westinghouse 
conducted detailed radiological surveys that identified interior and 
exterior areas where further remediation was needed to meet applicable 
radiological criteria for release for unrestricted use.
    From late 1994 through 2001, Westinghouse staff and contractors 
performed remediation activities and conducted final status surveys. 
Remediation and radiological survey activities were conducted in stages 
so that ongoing non-licenced operations would not be affected. Interior 
remediation activities consisted primarily of removing superficial 
concrete and paint on floor and wall surfaces, removing contaminated 
concrete around floor penetrations (e.g. equipment anchor bolts), 
excavating contaminated drain lines and sumps, and removing 
contaminated soil under contaminated drain lines that had leaked. 
Approximately 27,000 ft \2\ of the main building required remediation. 
Review of records and radiological survey results of the other 
buildings at the Site did not indicate the presence of radioactive 
contamination in these areas. Exterior remediation activities included 
removing ash and debris from a quarry area and removal of drain lines, 
contaminated soil, and building rubble from the vicinity of a former 
waste treatment and packaging building. All radioactive waste from 
remediation efforts was disposed at a licensed low-level waste disposal 
facility.
    Because no NRC license pertains to the Site, remediation and 
radiological survey activities were conducted without a Decommissioning 
Plan. At the request of NRC Region I staff, Westinghouse did provide a 
Health and Safety Plan for the work activities with the commitment that 
activities with radioactive material be conducted in accordance with 10 
CFR part 20, Standards for Protection Against Radiation. Region I staff 
conducted periodic inspections of the remediation and radiological 
survey activities. Because radioactive contamination at the Site was 
identified at approximately the same time that the Site Decommissioning 
Management Plan (SDMP) was initiated, Westinghouse, at the start of its 
remediation activities in the early 1990s, agreed to utilize relevant 
release criteria identified in the SDMP Action Plan. The relevant 
criteria used by Westinghouse were Regulatory Guide 1.86, ``Termination 
of Operating Licenses for Nuclear Reactors,'' June 1974, for residual 
surface contamination, and Option 1 of the Branch Technical Position, 
``Disposal or Onsite Storage of Thorium or Uranium Wastes from Past 
Operations'' (46 FR 52601; October 23, 1981), for soil and demolition 
debris. Westinghouse conducted radiological surveys at the Site and 
provided information to the NRC to demonstrate that the above 
referenced criteria were met, and that its calculations demonstrated 
that the annual dose criteria in subpart E of 10 CFR part 20 for 
unrestricted release were met at the Site.

Need for the Proposed Action

    Westinghouse no longer conducts licensed activities at the Site and 
its AEC licenses were terminated in 1961 and 1964. However, because 
residual radioactive material at the Site in excess of the current NRC 
criteria for release for unrestricted use was later identified, 
Westinghouse performed remediation and radiological survey activities 
that demonstrate that the Site now meets the criteria for release for 
unrestricted use. Westinghouse seeks concurrence from the NRC that the 
NRC has no further regulatory interest in the Site and the Site can be 
removed from the NRC listing of complex decommissioning sites.

Environmental Impacts of the Proposed Action

    The historical review of licensed activities formerly conducted at 
the Site shows that such activities involved use of the following 
radioactive material with half-lives greater than 120 days: Highly-
enriched uranium, low enriched uranium, and depleted uranium. Prior to 
performing the final status survey, Westinghouse conducted remediation 
activities, as necessary, in the areas of the Site affected by these 
radionuclides.
    Westinghouse conducted final status surveys throughout the duration 
of the remediation project from 1994 through 2001. The results of the 
final radiological surveys were compiled onto a single compact disc 
that was transmitted with their February 15, 2006, letter. This final 
radiological survey covered the entire Site including all interior and 
exterior remediated areas, unaffected buildings, and exterior areas 
that were not remediated. Westinghouse demonstrated compliance with the 
applicable SDMP Action Plan criteria for the radioactive materials it 
formerly used at the Site, and also elected to demonstrate compliance 
with the radiological criteria for unrestricted release as specified in 
10 CFR 20.1402 by performing dose calculations using the RESRAD and 
RESRAD BUILD computer programs. Appropriate site-specific parameters 
were used in the calculations. The Westinghouse dose calculations show 
the potential dose from residual radioactive material is less than one 
millirem per year and thus satisfies the NRC requirements in subpart E 
of 10 CFR part 20 for unrestricted release.
    Based on its review, the staff has determined that the affected 
environment and any environmental impacts associated with the proposed 
action are bounded by the impacts evaluated by the ``Generic 
Environmental Impact Statement in Support of Rulemaking on Radiological 
Criteria for License Termination of NRC-Licensed Nuclear Facilities'' 
(NUREG-1496) Volumes 1-3 (ML042310492, ML042320379, and ML042330385). 
The staff finds there were no significant environmental impacts from 
the use of radioactive material at the Site. The NRC staff reviewed the 
docket file records and the final status survey report to identify any 
non-radiological hazards that may have impacted the environment 
surrounding the Site. No such hazards or impacts to the environment 
were identified. The NRC has identified no other radiological or non-
radiological activities in the area that could result in cumulative 
environmental impacts.
    The NRC staff finds that the proposed release of the Site for 
unrestricted use is in compliance with 10 CFR 20.1402. Based on its 
review, the staff considered the impact of the residual radioactivity 
at the Site and concluded that the proposed action will not have a

[[Page 55517]]

significant effect on the quality of the human environment.

Environmental Impacts of the Alternatives to the Proposed Action

    Due to the largely administrative nature of the proposed action, 
its environmental impacts are small. Therefore, the only alternative 
the staff considered is the no-action alternative, under which the 
staff would leave things as they are by simply denying the request from 
Westinghouse. This no-action alternative is not practical because it 
perpetuates NRC attention to a site where remediation activities for 
residual contamination have been completed. The NRC's analysis of 
Westinghouse's final status survey data confirmed that the requirements 
of 10 CFR 20.1402 for unrestricted release have been met. Additionally, 
denying the request would result in no change in current environmental 
impacts. The environmental impacts of the proposed action and the no-
action alternative are therefore similar, and the no-action alternative 
is accordingly not further considered.

Conclusion

    The NRC staff has concluded that the proposed action is consistent 
with the NRC's unrestricted release criteria specified in 10 CFR 
20.1402. Because the proposed action will not significantly impact the 
quality of the human environment, the NRC staff concludes that the 
proposed action is the preferred alternative.

Agencies and Persons Consulted

    NRC provided a draft of this Environmental Assessment to the 
Pennsylvania Department of Environmental Protection, Bureau of 
Radiation Protection for review on August 14, 2006. On August 17, 2006, 
the Pennsylvania Department of Environmental Protection, Bureau of 
Radiation Protection responded by email. The State agreed with the 
conclusions of the EA, and otherwise had no comments.
    The NRC staff has determined that the proposed action is of a 
procedural nature, and will not affect listed species or critical 
habitat. Therefore, no further consultation is required under section 7 
of the Endangered Species Act. The NRC staff has also determined that 
the proposed action is not the type of activity that has the potential 
to cause effects on historic properties. Therefore, no further 
consultation is required under section 106 of the National Historic 
Preservation Act.

III. Finding of No Significant Impact

    The NRC staff has prepared this EA in support of the proposed 
action. On the basis of this EA, the NRC finds that there are no 
significant environmental impacts from the proposed action, and that 
preparation of an environmental impact statement is not warranted. 
Accordingly, the NRC has determined that a Finding of No Significant 
Impact is appropriate.

IV. Further Information

    Documents related to this action are available electronically at 
the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this site, you can access the NRC's Agencywide 
Document Access and Management System (ADAMS), which provides text and 
image files of NRC's public documents. The documents related to this 
action are listed below, along with their ADAMS accession numbers.
    1. February 15, 2006, Letter from Westinghouse to M. Roberts, NRC 
Region I, ``Submittal of Report Documenting the Radiological Status of 
the Westinghouse Specialty Metals Plant Site and Demonstrating 
Compliance with the Provisions of 10 CFR 20.1402 to Release the Site 
for Unrestricted Use'' and accompanying reports (document package 
ML003741979);
    2. July 24, 2006, Region I Technical Assistance Request regarding 
the Blairsville site, Memorandum from George Pangburn, Region I to 
Dominic Orlando, NMSS. (ML062050308);
    3. August 17, 2006, e-mail from Robert Maiers, Pennsylvania 
Department of Environmental Protection, Bureau of Radiation Protection 
to Mark Roberts, DNMS, USNRC Region I (ML062480365);
    4. Terminated License file for License SNM-37;
    5. Terminated License File for License SUC-509;
    6. NUREG-1757, ``Consolidated NMSS Decommissioning Guidance;''
    7. Title 10 Code of Federal Regulations, part 20, subpart E, 
``Radiological Criteria for License Termination;''
    8. Title 10, Code of Federal Regulations, part 51, ``Environmental 
Protection Regulations for Domestic Licensing and Related Regulatory 
Functions;''
    9. NUREG-1496, ``Generic Environmental Impact Statement in Support 
of Rulemaking on Radiological Criteria for License Termination of NRC-
Licensed Nuclear Facilities.''
    If you do not have access to ADAMS, or if there are problems in 
accessing the documents located in ADAMS, contact the NRC Public 
Document Room (PDR) Reference staff at 1-800-397-4209, 301-415-4737, or 
by e-mail to <a href="/cdn-cgi/l/email-protection#12627660527c60713c757d64"><span class="__cf_email__" data-cfemail="64140016240a16074a030b12">[email protected]</span></a>. These documents may also be viewed 
electronically on the public computers located at the NRC's PDR, O1 
F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852. 
The PDR reproduction contractor will copy documents for a fee.

    Dated at King of Prussia, Pennsylvania this 15th day of 
September, 2006.

    For the Nuclear Regulatory Commission.
Marie T. Miller,
Chief, Decommissioning Branch, Division of Nuclear Materials Safety, 
Region I.
[FR Doc. 06-8015 Filed 9-21-06; 8:45 am]
BILLING CODE 7590-01-P


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