Federal Register / Vol. 65, No. 221 / Wednesday, November 15, 2000 / Notices 69055

Pursuant to 10 CFR 2.202(c)(2)(i), Mr.

Klepadlo may, in addition to demanding

a hearing, at the time the answer is filed

or sooner, move the presiding officer to

set aside the immediate effectiveness of

the Order on the ground that the Order,

including the need for immediate

effectiveness, is not based on adequate

evidence but on mere suspicion,

unfounded allegations, or error.

In the absence of any request for

hearing, or written approval of an

extension of time in which to request a

hearing, the provisions specified in

Section V above shall be final 20 days

from the date of this Order without

further order or proceedings. If an

extension of time for requesting a

hearing has been approved, the

provisions specified in Section V shall

be final when the extension expires if a

hearing request has not been received.

An answer or a request for hearing shall

not stay the immediate effectiveness of

this order.

Dated this 3rd day of November 2000.

For the Nuclear Regulatory Commission.

Carl J. Paperiello,

Deputy Executive Director for Materials,

Research and State Programs.

[FR Doc. 00–29248 Filed 11–14–00; 8:45 am]

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[Docket No. 70–784]

The Office of Nuclear Material Safety

and Safeguards Environmental

Assessment, and Finding of No

Significant Impact Related to the

Approval of the Remediation

(Decommissioning) Plan for the

Formerly Licensed Union Carbide

Corporation Facility (UCC),

Lawrenceburg, Tennessee, License

Nos. SNM–720 and SNM–724

(Terminated)

The U.S. Nuclear Regulatory

Commission (hereafter referred to as

NRC staff) is considering approval of the

remediation (decommissioning) plan

(DP) for the formerly licensed Union

Carbide Corporation facility (UCC),

Lawrenceburg, Tennessee (UCAR,

1998). This DP was submitted by UCAR

Carbon Company, Inc. (UCAR) to NRC

on August 19, 1998. UCAR is obligated

to remediate the UCC site to meet the

release criteria established in the Action

Plan to Ensure Timely Remediation of

Sites Listed in the Site

Decommissioning Management Plan

(hereafter known as the SDMP Action

Plan) (NRC, 1992), and 10 CFR part 20

subpart E.

Introduction

On August 26, 1963, UCC was issued

Special Nuclear Materials License No.

SNM–724 (SNM–724), for testing

equipment and nuclear fuels

development. License No. SMB–720

(SNM–720), which authorized the

possession of source material, was also

held by the site. SNM–724 was

terminated on June 4, 1974, and the U.S.

Atomic Energy Commission (AEC)

released the site for unrestricted use.

SMB–720 was superceded by the State

of Tennessee License No. S–5002–H8

and was terminated on August 28, 1975.

SNM–724 authorized possession of up

to 500 grams (g) of fully-enriched (<94

percent) uranium for testing of

equipment and processes in the

Lawrenceburg Fuel Development

Facility located at Highway 43 South,

Lawrenceburg, Tennessee. On May 22,

1964, the license was amended to

authorize possession of 150 kilograms

(kg) of U235 to make graphite-coated

uranium-thorium carbide particles and

graphite-matrix fuel elements. The

possession limit was increased to 475 kg

on June 12, 1964.

By letter dated February 4, 1974, the

UCC submitted ‘‘closeout’’ survey

information and requested that SNM–

724 be terminated and the facility be

released for unrestricted use. On April

5, 1974, Region II performed a closeout

inspection which was documented in

their Inspection Report 70–784/74–1.

Region II recommended that the license

be terminated, and the facility be

released for unrestricted use. By AEC

letter dated June 4, 1974, SNM–724 was

terminated and the UCAR facility

released for unrestricted use.

In 1991, Oak Ridge National

Laboratory (ORNL) was contracted by

NRC, to review and evaluate all nuclear

material licenses terminated by NRC or

its predecessor agencies, since inception

of material regulation in the late 1940s.

One of the objectives of this review was

to identify sites with potential for

residual contamination, based on

information in the license

documentation. NRC evaluated the

available survey data to determine if the

information was sufficient to conclude

that the site meets the existing

guidelines for unrestricted use.

Radiological assessments performed

at the UCAR facility and immediate

vicinity have identified the presence of

enriched and depleted uranium in soil

excess of current radiological release

criteria. Sampling identified soil/

sediments contamination in small areas

around the processing buildings.

Volumetric contaminations were

found to be above the release criteria in

four areas around Building 10: (1) Soil

surrounding the incinerator pad; (2)

sediment in the manholes and cooling

water tanks; (3) laundry sump tank; and

(4) the surface layer of concrete flooring.

A number of core samples as well as

near surface samples were taken near

the incinerator pad and the range for

total uranium concentration was 1.33 to

3,655 pCi/g. The estimated average

depth of the soil contamination is one

foot resulting in a contaminated soil

volume estimate of 500 cubic feet.

Volumetric contamination above the

release critieria was found in three areas

in and around Building 5: (1) Sink trap;

(2) concrete flooring; and (3) asphalt

outside exit.

There was no indication of

radioactive material above the release

criteria beyond the former restricted

area boundary in the ground water,

settling basins, or former sanitary sewer

system.

UCAR will be conducting remediation

activities without a license, because its

license was terminated in 1974.

However, remediation will be

performed in accordance with current

regulations and release limits (UCAR,

1998).

Planned Decommissioning Action

Decommissioning of the UCAR

facility shall comply with 10 CFR part

20 subpart E for unrestricted use (NRC

1997) criteria. The conduct of

decommissioning and decontamination

in compliance with these criteria

provides adequate protection of the

public health and safety and of the

environment. In implementing the

decommissioning plan, UCAR shall

reduce residual contamination in soil to

be below the NRC’s unrestricted release

criteria identified in 10 CFR part 20,

subpart E (NRC, July, 1997). Soils which

exceed the derived concentration

guideline level (DCGL) will be removed

and disposed of as low level radioactive

waste.

General exposure rate levels will be

reduced to levels below 5 microroentgen

per hour (microR/hr) above background,

measured at 1 meter (m) above the

surface.

UCAR is proposing to conduct a final

survey to demonstrate: (1) That uranium

and thorium contamination levels in the

soil are below the [25 millirem per year

(mRem/yr)] DCGL’s and (2) that

exposure rate measurements are less

than 5 microR/hr measured 1 meter

above the surface. UCAR has committed

to conducting the final survey in

accordance with NRC approved site

survey plan, as well as any applicable

regulatory requirements.

69056 Federal Register / Vol. 65, No. 221 / Wednesday, November 15, 2000 / Notices

The Need for Planned Action

The former UCAR facility is currently

being used to manufacture nonradiological carbon products. The

planned action is necessary to reduce

residual contamination at the site to

meet NRC’s unrestricted release criteria.

Alternative to the Planned Action

The alternative to the proposed action

is to take no action. A no-action

alternative would mean the site would

not be remediated now. Although there

is no immediate threat to the public

health and safety from this site, not

undertaking remediation, at this time,

does not solve the regulatory and

potential long-term health and safety

problems associated with having

residual contamination on site. In

addition, pursuing no action would

delay remediation until some time in

the future, when remediation costs

could be much higher than they are

today. Therefore, the no-action

alternative is not acceptable.

Environmental Impacts of the Planned

Action

Radiological impacts that could result

from the remediation of the former UCC

site are direct exposure, inhalation, and

ingestion hazards to workers. These

hazards could occur during

decontamination of building surfaces

and excavation and packaging of

contaminated soil.

The radioactive material of concern at

this site is enriched uranium. Gamma

exposure rate measurements taken at

locations throughout the site do not

exceed background levels, with the

exception of five locations near the

incinerator pad. The highest radiation

exposure rate detected near the

incinerator pad is 26 microR/hr above

background. Because the gamma

exposure rate measurements are low,

direct exposure to workers is not a

significant radiological hazard.

UCC will implement an occupational

exposure monitoring program to ensure

that internal and external exposures are

well below the regulatory limits, and to

ensure that no individual exceeds a

regulatory limit. Respiratory protection

will be required for workers when

airborne radioactivity could result in

exposures above the administrative

action levels set in the health and safety

plan.

Although the potential for external

exposure is low, UCAR will survey

work areas for direct radiation whenever

remediation is being performed. If dose

rates exceed 5 mrem/hr, or if the RSO

determines that worker exposure could

exceed 10 percent of the regulatory

limits found in 10 CFR part 20, subpart

C ‘‘Occupational Dose Limits,’’ worker

exposure will be monitored with

thermoluminescent dosimeters.

UCAR has committed to implement a

contamination monitoring and control

program to detect and minimize the

spread of contamination. Contamination

monitoring will be accomplished by: (1)

Conducting routine surveys; (2) use of

access controls to prevent inadvertent

personnel access to contaminated areas;

(3) use of radiation work permits in

areas where there is potential for

workers to exceed 10 percent of the

regulatory limits; (4) use of personal

protection; and (5) employee training.

UCAR has committed to

implementing a contaminant monitoring

and control program to detect and

minimize off-site effluent releases

(UCAR, in its DP Section 3.3.4, 1998).

The primary pathway for off-site release

of radioactive material is airborne

effluent. Inhalation and ingestion

impacts will be minimized to the

workers and public by controlling

airborne material levels. Routine and

special environmental monitoring will

be conducted to detect, assess, and limit

potential airborne releases. Air

monitoring will be performed in work

areas using Breathing Zone Air (BZA)

samplers or high-volume air samplers.

Administrative action levels at 10

percent of the regulatory limits for

airborne effluents have been

established. Investigations will be

performed if administrative action

levels are exceeded. No liquid wastes

have been identified and none are

expected.

Radioactive waste will be segregated

from non-radioactive waste and stored

in a controlled, fenced area. Radioactive

waste will be stored inside, if possible.

Otherwise, it will be stored outside and

covered to protect against the weather.

Radioactive waste will be packaged,

labeled, manifested, and shipped in

accordance with NRC and U.S.

Department of Transportation

requirements.

This site is being remediated to the

criteria listed in 10 CFR part 20, subpart

E for unrestricted use (NRC, 1997).

Agencies and Individuals Consulted

This environmental (EA) assessment

was prepared by NRC staff. No other

sources were used beyond those

referenced in this EA. NRC staff

provided a draft of the EA to Tennessee

Department of Environment and

Conservation, Division of Radiological

Health for review. By e-mail dated May

1, 2000, the Tennessee Department of

Environment and Conservation Division

of Radiological Health agreed with

NRC’s conclusion that the proposed

action will not have any significant

effect on the quality of the human

environment.

NRC contacted the U.S. Fish and

Wildlife Service (FWS) to determine the

potential impacts of the proposed action

on threatened and endangered species

near the UCAR facility. By letter dated

September 10, 1999, the FWS informed

NRC that the proposed action would

have no impact on threatened and

endangered species.

NRC staff provided a draft of the EA

to U.S. Environmental Protection

Agency (EPA) Region IV for review. By

e-mail dated June 27, 2000, EPA did not

have any comments on the proposed

action. However, the EPA has noted the

disagreement between the EPA and the

NRC about the appropriate dose criteria

to be used in decommissioning.

NRC also contacted the Tennessee

State Historical Preservation Office to

determine if any historical properties

would be impacted by the proposed

action. The Tennessee State Historical

Preservation office informed the NRC,

by letter dated May 2, 2000, that there

are no National Register of Historic

Places listed or eligible properties

affected by the project.

Conclusion

During the decommissioning

operation, radiological exposure to

workers and annual average

concentrations of radioactive material

released off-site will be in accordance

with Part 20 limits. UCAR has

committed to perform remediation in

accordance with an acceptable Health

and Safety Plan. The Health and Safety

Plan shall provide adequate controls to

keep potential doses to workers and the

public from direct exposure, airborne

material, and released effluents as low

as reasonably achievable.

NRC also believes that the

remediation of the facility in accordance

with 10 CFR part 20, subpart E for

unrestricted use, adequately protects

workers, members of the public, and the

environment. The potential

environmental impacts from the

proposed action are not significant.

References

1. NRC, ‘‘Action Plan to Ensure Timely

Remediation of Sites Listed in the Site

Decommissioning Management Plan,’’ 57 FR

13389, April 16, 1992.

2. NRC, ‘‘Radiological Criteria for License

Termination,’’ 10 CFR Part 20, Subpart E, 62

Federal Register 139, July 21, 1997.

3. NRC, ‘‘Multi-Agency Radiation Survey

and Site Investigation Manual, (MARSSIM),’’

NUREG–1575, December 1997.

4. NRC, ‘‘Draft Manual for Conducting

Radiological Surveys in Support of License

Termination,’’ NUREG/CR–5849, June 1992.

Federal Register / Vol. 65, No. 221 / Wednesday, November 15, 2000 / Notices 69057

5. Union Carbide Company Inc.,

‘‘Remediation (Decommissioning) Plan for

the Formerly Licensed Union Carbide

Corporation Facility (UCC), Lawrenceburg,

TN,’’ August 19, 1998.

Finding of No Significant Impact

NRC has prepared an EA related to

the approval of UCAR’s Remediation

(Decommissioning) Plan, Terminated

License No. SNM–724 and SMB–720.

On the basis of this EA, NRC has

concluded that the environmental

impacts that would be created by the

proposed action would not be

significant and do not warrant the

preparation of an Environmental Impact

Statement. Accordingly, it has been

determined the Finding of No

Significant Impact is Appropriate.

The EA and the document related to

this proposed action are available for

public inspection and copying at NRC’s

Electronic Reading Room at http://

www.nrc.gov/NRC/ADAMS/index.html.

FOR FURTHER INFORMATION CONTACT:

Rebecca Tadesse, Project Manager,

Decommissioning Branch, Division of

Waste Management, Office of Nuclear

Material Safety and Safeguards.

Telephone: (301) 415–6221.

Dated at Rockville, Maryland, this 9th day

of November 2000.

For the Nuclear Regulatory Commission.

Larry W. Camper,

Chief, Decommissioning Branch, Division of

Waste Management, Office of Nuclear

Material Safety and Safeguards.

[FR Doc. 00–29251 Filed 11–14–00; 8:45 am]

BILLING CODE 7590–01–P

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Advisory Committee on Reactor

Safeguards, Meeting of the

Subcommittee on Plant Operations;

Notice of Meeting

The ACRS Subcommittee on Plant

Operations will hold a meeting on

December 6, 2000, in Room T–2B3,

11545 Rockville Pike, Rockville,

Maryland.

The entire meeting will be open to

public attendance.

The agenda for the subject meeting

shall be as follows:

Wednesday, December 6, 2000–8:30

a.m. Until the Conclusion of Business

The Subcommittee will discuss

changes to the Revised Reactor

Oversight Process since implementation

of the pilot program. The purpose of this

meeting is to gather information,

analyze relevant issues and facts, and to

formulate proposed positions and

actions, as appropriate, for deliberation

by the full Committee.

Oral statements may be presented by

members of the public with the

concurrence of the Subcommittee

Chairman and written statements will

be accepted and made available to the

Committee. Electronic recordings will

be permitted only during those portions

of the meeting that are open to the

public, and questions may be asked only

by members of the Subcommittee, its

consultants, and staff. Persons desiring

to make oral statements should notify

the cognizant ACRS staff engineer

named below five days prior to the

meeting, if possible, so that appropriate

arrangements can be made.

During the initial portion of the

meeting, the Subcommittee, along with

any of its consultants who may be

present, may exchange preliminary

views regarding matters to be

considered during the balance of the

meeting.

The Subcommittee will then hear

presentations by and hold discussions

with representatives of the NRC staff,

and other interested persons regarding

this review.

Further information regarding topics

to be discussed, whether the meeting

has been canceled or rescheduled, and

the Chairman’s ruling on requests for

the opportunity to present oral

statements and the time allotted

therefor, can be obtained by contacting

the cognizant ACRS staff engineer, Ms.

Maggalean W. Weston (telephone 301/

415–3151) between 8 a.m. and 5:30 p.m.

(EST). Persons planning to attend this

meeting are urged to contact the above

named individual one or two working

days prior to the meeting to be advised

of any potential changes to the agenda,

etc., that may have occurred.

Dated: November 7, 2000.

James E. Lyons,

Associate Director for Technical Support.

[FR Doc. 00–29247 Filed 11–14–00; 8:45 am]

BILLING CODE 7590–01–P

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Sunshine Act Notice

AGENCY HOLDING THE MEETING: Nuclear

Regulatory Commission

DATES: Weeks of November 13, 20, 27,

December 4, 11, and 18, 2000.

PLACE: Commissioner’s Conference

Room, 11555 Rockville Pike, Rockville,

Maryland.

STATUS: Public and Closed.

MATTERS TO BE CONSIDERED: 

Week of November 13

Wednesday, November 15, 2000.

10 a.m.—Briefing by the Executive

Branch (Closed—Ex. 1)

Friday, November 17, 2000

9:25 a.m.—Affirmation Session (Public

Meeting), (If needed)

9:30 a.m.—Briefing on Risk-Informed

Regulation Implementation Plan,

(Public Meeting) (Contact: Tom King,

301–415–5790)

This meeting will be webcast live at

the Web address—www.nrc.gov/

live.html

Week of November 20—Tentative

There are no meetings scheduled for

the Week of November 20.

Week of November 27—Tentative

Monday, November 27, 2000

9 a.m.—Briefing by DOE on Plutonium

Disposition Program and MOX Fuel

Fabrication Facility Licensing (Public

Meeting), (Contact: Drew Persinko,

301–415–6522)

This meeting will be webcast live at

the Web address—www.nrc.gov/

live.html

Week of December 4—Tentative

Monday, December 4, 2000

1:55 p.m.–Affirmation Session (Public

Meeting) (If needed)

2 p.m.—Briefing on License Renewal

Generic Aging Lessons Learned

(GALL) Report, Standard Review Plan

(SRP), and Regulatory Guide (Public

Meeting) (Contact: Chris Grimes, 301–

415–1183)

This meeting will be webcast live at

the Web address—www.nrc.gov/

live.html

Week of December 11—Tentative

There are no meetings scheduled for

the Week of December 11.

Week of December 18—Tentative

Wednesday, December 20, 2000

9:25 a.m.—Affirmation Session (Public

Meeting) (If needed)

9:30 a.m.—Briefing on the Status of the

Fuel Cycle Facility Oversight Program

Revision (Public Meeting)

This meeting will be webcast live at

the Web address—www.nrc.gov/

live.html

Note: The schedule for commission

meetings is subject to change on short notice.

To verify the status of meetings call

(recording)—(301) 415–1292. Contact person

for more information: Bill Hill (301) 415–

1661.

The NRC Commission Meeting

Schedule can be found on the Internet