[Federal Register Volume 60, Number 4 (Friday, January 6, 1995)]
[Notices]
[Pages 2092-2094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-345]



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DEPARTMENT OF ENERGY

Record of Decision for Remedial Actions at Operable Unit 4, 
Fernald Environmental Management Project, Fernald, Ohio

AGENCY: U.S. Department of Energy.

ACTION: Notice.

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SUMMARY: The Record of Decision (ROD) for Operable Unit 4 (OU4) at the 
Fernald Environmental Management Project was signed by the Department 
of Energy on November 3, 1994, and was approved by the Environmental 
Protection Agency (EPA) Region V on December 7, 1994, with concurrence 
of the Ohio Environmental Protection Agency. This decision was made in 
accordance with the provisions of the Comprehensive Environmental 
Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. 9601 et 
seq. For OU4 at Fernald, the Department has chosen to complete an 
integrated CERCLA/National Environmental Policy Act (NEPA) process. To 
support the selection of a remedy for OU4, which includes K-65 silo 
wastes, the [[Page 2093]] Department prepared an integrated Feasibility 
Study/Proposed Plan-Environmental Impact Statement (FS/PP-EIS) (DOE/
EIS-0195). Subsequent to the public involvement opportunities on the 
draft and final FS/PP-EIS documents, and after having considered the 
comments received, a remedy was selected in a joint CERCLA/NEPA ROD. 
The Department is publishing this Declaration Statement of the joint 
CERCLA/NEPA ROD, as originally signed in November 1994, as specified in 
the Department NEPA regulations [10 CFR 1021.315(c)].

FOR FURTHER INFORMATION CONTACT:

    For further information on the CERCLA/NEPA ROD at Fernald, contact: 
Mr. Gary Stegner, Public Affairs Specialist, Fernald Area Office, U.S. 
Department of Energy, P.O. Box 538705, Cincinnati, Ohio 45253-8705, 
(513) 648-3014.
    For further information on the DOE NEPA process, contact: Ms. Carol 
M. Borgstrom, Director, Office of NEPA Oversight, EH-25, U.S. 
Department of Energy, 1000 Independence Ave, SW., Washington, D.C. 
20585, (202) 586-4600 or (800) 472-2756.

    Issued in Washington, D.C., this 30th day of December, 1994.
Clyde Frank,
Acting Assistant Secretary for Environmental Management.

SUPPLEMENTARY INFORMATION: The following is the verbatim Declaration 
Statement of the joint CERCLA/NEPA ROD for Remedial Actions at OU4 at 
Fernald, Ohio.

Site Name and Location

    Fernald Environmental Management Project (FEMP) Site--Operable Unit 
4, Fernald, Hamilton County, Ohio

Statement of Basis and Purpose

    This decision document presents the selected remedial action for 
Operable Unit 4 of the Fernald Site in Fernald, Ohio. This remedial 
action was selected in accordance with the Comprehensive Environmental 
Response, Compensation, and Liability Act (CERCLA), as amended by the 
Superfund Amendments and Reauthorization Act of 1986 (SARA), and to the 
extent practicable 40 Code of Federal Regulations (CFR) Part 300, the 
National Oil and Hazardous Substances Pollution Contingency Plan (NCP).
    For Operable Unit 4 at the FEMP, DOE has chosen to complete an 
integrated CERCLA/NEPA process. This decision was based on the 
longstanding interest on the part of local stakeholders to prepare an 
Environmental Impact Statement (EIS) on the restoration activities at 
the FEMP and on the recognition that the draft document was issued and 
public comments received. Therefore, this single document is intended 
to serve as DOE's ROD for Operable Unit 4 under both CERCLA and NEPA; 
however, it is not the intent of the DOE to make a statement on the 
legal applicability of NEPA to CERCLA actions.
    The decision presented herein is based on the information available 
in the administrative record for Operable Unit 4 and maintained in 
accordance with CERCLA. The major documents prepared through the CERCLA 
process include the Remedial Investigation (RI), the Feasibility Study 
(FS), and the Proposed Plan (PP) for Operable Unit 4. The FS and the PP 
also comprised DOE's draft EIS and were made available for public 
review and comment. This decision is also based on the public hearing 
held on March 21, 1994, in Harrison, Ohio, and the public meeting held 
on May 11, 1994, in Las Vegas, Nevada following the issuance of the 
Feasibility Study/Proposed Plan-Draft Environmental Impact Statement 
(FS/PP-DEIS). DOE has considered all comments received during the 
public comment period on the FS/PP-DEIS and following issuance of the 
final EIS in the preparation of this ROD.
    The State of Ohio concurs with the remedy and the applicable or 
relevant and appropriate requirements (ARARs) put forth in this ROD for 
Operable Unit 4.

Assessment of the Site

    Actual or threatened releases of hazardous substances from Operable 
Unit 4, if not addressed by implementing the response action selected 
in this ROD, may present an imminent and substantial endangerment to 
public health, welfare, or the environment.

Description of the Remedy

    This is the selected remedial action for Operable Unit 4, one of 
five operable units at the FEMP. The materials within Operable Unit 4 
exhibit a wide range of properties. Most notable would be the elevated 
direct radiation associated with the K-65 residues versus the much 
lower direct radiation associated with cold metal oxides in Silo 3. 
Even more significant would be the much lower levels of contamination 
associated with the soils and building materials, like concrete, within 
the Operable Unit 4 Study Area. To account for these differences and 
for the varied cleanup alternatives applying to each waste type, 
Operable Unit 4 was segmented into three subunits. These subunits are 
described as follows:

Subunit A: Silos 1 and 2 contents (K-65 residues and bentonite clay) 
and the sludge in the decant sump tank
Subunit B: Silo 3 contents (cold metal oxides)
Subunit C: Silos 1, 2, 3, and 4 structures; contaminated soils within 
the Operable Unit 4 boundary, including surface and subsurface soils 
and the earthen berm around Silos 1 and 2; the decant sump tank; the 
radon treatment system; the concrete pipe trench and the miscellaneous 
concrete structures within Operable Unit 4, any debris (i.e., concrete, 
piping, etc.) generated through implementing cleanup for Subunits A and 
B, and any perched groundwater encountered during remedial activities.

    On the basis of the evaluation of final alternatives, the selected 
remedy addressing Operable Unit 4 at the FEMP is a combination of 
Alternatives 3A.1/Vit--Removal, Vitrification, and Off-site Disposal--
Nevada Test Site (NTS); 3B.1/Vit--Removal, Vitrification, and Off-site 
Disposal--NTS; and 2C--Demolition, Removal and On-Property Disposal. 
These alternatives apply to Subunits A, B, and C respectively. The 
major components of the selected remedy include:
    <bullet> Removal of the contents of Silos 1, 2, and 3 (K-65 
residues and cold metal oxides) and the decant sump tank sludge.
    <bullet> Vitrification (glassification) to stabilize the residues 
and sludges removed from the silos and decant sump tank.
    <bullet> Off-site shipment for disposal at the NTS of the vitrified 
contents of Silos 1, 2, 3, and the decant sump tank.
    <bullet> Demolition of Silos 1, 2, 3, and 4 and decontamination, to 
the extent practicable, of the concrete rubble, piping, and other 
generated construction debris.
    <bullet> Removal of the earthen berms and excavation of 
contaminated soils within the boundary of Operable Unit 4, to achieve 
remediation levels. Placement of clean backfill to original grade 
following excavation.
    <bullet> Demolition of the vitrification treatment unit and 
associated facilities after use. Decontamination or recycling of debris 
prior to disposition.
    <bullet> On-property interim storage of excavated contaminated 
soils and contaminated debris in a manner consistent with the approved 
Work Plan for Removal Action 17 (improved storage of soil and debris) 
pending final disposition in accordance with the [[Page 2094]] Records 
of Decision for Operable Units 5 and 3, respectively.
    <bullet> Continued access controls and maintenance and monitoring 
of the stored wastes inventories.
    <bullet> Institutional controls of the Operable Unit 4 area such as 
deed and land use restrictions.
    <bullet> Potential additional treatment of stored Operable Unit 4 
soil and debris using Operable Unit 3 and 5 waste treatment systems.
    <bullet> Pumping and treatment as required of any contaminated 
perched groundwater encountered during remedial activities.
    <bullet> Disposal of Operable Unit 4 contaminated debris and soils 
consistent with the Records of Decision for Operable Units 3 and 5, 
respectively.
    The remedy specifies off-site disposal of vitrified contents of 
Silos 1, 2 and 3 at the NTS. At the time of the signing of this ROD, 
The Department of Energy--Nevada Operations Office (DOE-NV) is in the 
process of preparing a site-wide environmental impact statement (EIS) 
under NEPA for the NTS. Shipments of Operable Unit 4 vitrified waste 
are not proposed to begin until after the planned completion of the EIS 
for the NTS.
    The planned date of completion of the EIS for the NTS is December 
1995, at which time a Record of Decision is expected to be issued. 
Shipments of low-level waste generated from the remediation of Operable 
Unit 4 are not proposed to begin until mid-1997, which should be after 
the planned completion of the NTS site-wide EIS. Given these 
timeframes, DOE does not anticipate the NTS EIS schedule will 
negatively impact the Operable Unit 4 remediation schedule discussed in 
the ROD.
    The containerized vitrified product will require interim storage at 
the FEMP prior to its transportation to the NTS for disposal. The 
purpose of this interim storage is two-fold; first, the vitrified 
product will require verification sampling in order to certify that 
each production lot has met specific performance and waste disposal 
criteria; and second, to provide the Fernald waste shipping program a 
buffer staging area where the material can be safely managed prior to 
its shipment to NTS in accordance with DOE as low as reasonably 
achievable (ALARA) principles, ARARs identified and included in the 
Operable Unit 4 ROD, as well as in a manner protective of human health 
and the environment. It has been anticipated that the interim storage 
area will be needed to accommodate the interim handling of 
approximately 90 days of vitrification production.
    The decision regarding the final disposition of the remaining 
Operable Unit 4 contaminated soil and debris will be placed in 
abeyance, until completion of the Records of Decision for Operable 
Units 3 and 5 remedial actions, in order to take full advantage of 
planned and in progress waste minimization treatment processes by these 
operable units. Further, this strategy enables the integration of 
disposal decisions for contaminated soils and debris on a site- wide 
basis.
    In the unlikely event unforeseen circumstances preclude the 
integration of Operable Unit 4 soil and debris into the Operable Unit 3 
and/or Operable Unit 5 treatment and disposal decisions, the disposal 
decision for Operable Unit 4 contaminated soils and debris will be 
documented in a ROD amendment for Operable Unit 4 in accordance with 
Section 117(c) of CERCLA and United States Environmental Protection 
Agency (EPA) guidance. The ROD amendment will provide the public and 
the EPA further opportunity to review and comment on the final disposal 
option for Operable Unit 4 soils and debris. A ROD amendment to the 
Operable Unit 4 ROD will not be necessary in the event the Operable 
Unit 3 remedy for debris and the Operable Unit 5 remedy for 
contaminated soils can be feasibly implemented for Operable Unit 4.
    In reaching the decision to implement this remedial alternative, 
DOE evaluated other alternatives for each subunit, in addition to no 
action. The other alternatives are: (a) Subunit A--Silos 1 and 2 
Contents: (1) Removal, Cement Stabilization, Off-Site Disposal at 
Nevada Test Site; (b) Subunit B--Silo 3 Contents: (1) Removal, 
Vitrification, On-Property Disposal; (2) Removal, Cement Stabilization, 
On-Property Disposal; (3) Removal, Cement Stabilization, Off-Site 
Disposal at Nevada Test Site; (c) Subunit C--Silos 1, 2, 3, and 4 
Structures, Soils, and Debris: (1) Demolition, Removal, Off-Site 
Disposal at Nevada Test Site; (2) Demolition, Removal, Off-Site 
Disposal at Permitted Commercial Facility.
    A description of the alternatives is provided in the Decision 
Summary of the ROD, hereby incorporated by reference for DOE's NEPA 
ROD, and is available in the Administrative Record. CERCLA's nine 
criteria set forth in 40 CFR Part 300, the National Oil and Hazardous 
Substances Pollution Contingency Plan were used to evaluate the 
alternatives. The selected remedy represents the best balance among the 
alternatives with respect to these criteria and is the environmentally 
preferable alternative.
    The preferred alternative for Operable Unit 4 provides the best 
performance when compared with the other alternatives, with respect to 
the evaluation criteria. This remedy will achieve substantial risk 
reduction by removing the sources of contamination, treating the 
material which poses the highest risk, shipping the treated residues 
off-site for disposal, managing the remaining contaminated soils and 
debris consistent with the site-wide strategy. The selected treatment 
alternative both reduces the mobility of the hazardous constituents and 
results in significant reduction in the volume of materials requiring 
disposal. The selected remedy also provides the highest degree of long-
term protectiveness for human health and the environment.

Statutory Determinations

    The selected remedy is protective of human health and the 
environment, complies with Federal and State requirements that are 
legally applicable or relevant and appropriate to the remedial action, 
and is cost effective. This remedy utilizes permanent solutions and 
alternative treatment (or resource recovery) technologies to the 
maximum extent practicable, and satisfies the statutory preference for 
remedies that employ treatment, and also reduce toxicity, mobility, or 
volume as a principal element. This remedy will result in contaminated 
debris and soil being dispositioned by Operable Units 3 and 5, 
respectively. Because this remedy will result in hazardous substances 
(i.e., contaminated soil and debris) remaining on site, above health-
based levels, a review will be conducted every five years after 
commencement of remedial action to ensure that the remedy continues to 
provide adequate protection of human health and the environment.
    All practical means to avoid or minimize environmental harm from 
implementation of the selected remedy have been adopted. During 
excavation activities, sediment controls will be implemented to 
eliminate potential surface water runoff and sediment deposition to 
Paddys Run. Final site layout and design will include all practicable 
means (e.g., sound engineering practices and proper construction 
practices) to minimize environmental impacts.

[FR Doc. 95-345 Filed 1-5-95; 8:45 am]
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