[Federal Register Volume 64, Number 169 (Wednesday, September 1, 1999)]
[Notices]
[Pages 47872-47877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22767]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 40-08980]


Environmental Assessment, Finding of No Significant Impact, and 
Notice of Opportunity for a Hearing for Remediation of the Lakehurst, 
NJ Site

Summary and Conclusions

    The environmental assessment (EA) reviews the environmental impacts 
of the decommissioning actions proposed by Heritage Minerals, 
Incorporated (HMI) of their Lakehurst, New Jersey facility. Based upon 
the NRC staff evaluation of the HMI Final Status Survey Plan (FSSP), 
dated November 3, 1997, it was determined that the proposed 
decommissioning can be accomplished in compliance with the NRC public 
and occupational dose limits, effluent release limits, and residual 
radioactive material limits. In addition, the approval of the proposed 
action, i.e., decommissioning of HMI's Lakehurst, New Jersey facility 
in accordance with the commitments in NRC license SMB-1541 and the FSSP 
(decommissioning plan), will not result in significant adverse impact 
on the environment.

1.0  Introduction

1.1  Background
    Heritage Minerals, Inc. is the current holder of NRC radioactive 
source materials license SMB-1541 (NRC Docket 40-08980) for the 
possession of radioactive material resulting from operations at their 
facility located in Lakehurst, New Jersey. The license authorizes HMI 
to possess at any one time a maximum of 300 kg of uranium in the form 
of natural uranium as monazite and 15,000 kg of thorium in the form of 
natural thorium as monazite. Processing of licensed material is not 
authorized except incident to facility decommissioning activities and 
packaging materials for shipment.
    In December 1996, HMI informed the NRC staff that it intended to 
decommission the Lakehurst, New Jersey facility. The licensee submitted 
the Final Status Survey Plan (FSSP or decommissioning plan) to the NRC 
for review on November 3, 1997. The license was renewed on May 26, 1998 
to authorize possession, packaging, storage, and decommissioning in 
accordance with the FSSP and transfer of products and waste to 
authorized recipients. Prior to the renewal, a safety evaluation report 
(SER), which evaluated conformance of the proposed action with NRC 
regulations and regulatory guidance was prepared and the opportunity 
for a hearing was publicly noticed in the March 12, 1998, Federal 
Register Notice (63 Federal Register 12114). In response to NRC 
requests, in 1998-99, HMI provided additional information to clarify 
certain planned remediation activities. The NRC is considering a 
license amendment which include additional HMI commitments during 
facility decommissioning.
1.2  Purpose and Need for Proposed Action
    NRC is considering approval of the FSSP to allow Heritage Minerals, 
Inc. to remove radioactive material attributable to licensed operations 
at the site, to levels that permit release of the property for 
unrestricted use and termination of radioactive source materials 
license SMB-1541.
1.3  Description of Proposed Action
    The objective of HMI is to decontaminate and decommission the 
Lakehurst, NJ facility to permit release for unrestricted use and 
termination of NRC license SMB-1541. Decommissioning will involve 
remediation of buildings and other above-grade structures, 
decontamination of process equipment and sumps, excavation of soil 
containing monazite sands, and restoration of excavated areas. Soil and 
other radioactively contaminated materials will be transported to 
either a licensed disposal facility or recipient authorized to receive 
such material.
    NRC staff reviewed the information provided by HMI in the FSSP 
describing the proposed decommissioning actions and, by letter dated 
March 16, 1999, requested additional information regarding specific 
areas that needed clarification. NRC staff concluded that the 
decommissioning plan (FSSP) and supplemental information (letters dated 
November 30, 1998, June 24, 1999, July 13, 1999 and August 17, 1999) 
from A.J. Thompson, Attorney for HMI, Inc., responding to NRC comments 
provided an adequate information base for assessing potential 
environmental impacts from the proposed action.

2.0  Facility Description/Operating History

2.1  Site Locale and Physical
    Description The Heritage Minerals, Inc. site is located on Route 70 
in Lakehurst, Manchester Township (Ocean County), New Jersey, in the 
Atlantic Coastal Plain. It encompasses an area of approximately 7000 
acres, of which 1000-1200 acres were used for mining operations 
involving monazite.

[[Page 47873]]

Other areas remained undisturbed. The plant and production areas 
including mill tailings containing monazite (produced as a result of 
previous operations) occupied an estimated 500 acres. The monazite pile 
is located within a security fence and occupies approximately 700 cubic 
meters. Areas adjacent to the site are predominantly rural, with bands 
of existing or recently developed residential communities within 
Manchester Township.
    In the Hydrogeologic Investigation Report prepared for HMI, 
Fellows, Read, & Associates, Inc. (1989) characterized the geology and 
hydrogeology of the facility. Geologic deposit formations consist of 
underlying sediments of stratified clay, silt, sand, and gravel on 
well-indurated bedrock. The topography is relatively flat, recontoured 
by surface mining of ilmenite surface deposits. Wetlands form the 
drainage of adjacent Wrangel Brook, which has an easterly streamflow. 
Two lakes were created along the Green Branch of Wrangel Brook as a 
result of mine dredging operations.
    Groundwater flow occurs from areas located north and west of the 
site to east and northeast towards the tributaries of the Toms River. 
The Toms River and its tributaries represent the major groundwater 
discharge zones for the region. Local groundwater flow is from upland 
areas to lower areas where groundwater discharges to streams and 
wetlands. Site groundwater is recharged by precipitation and flows 
unconfined through underlying sands. The Green Branch, Michaels Branch, 
and Davenport Branch of Wrangel Brook serve as local discharge zones 
for shallow ground water, with subsequent discharge to the Toms River 
or Barnegat Bay.
2.2  Descriptions of Facility Operations
    Between 1973 and 1982 the site was operated by ASARCO, Inc., for 
dredging and processing sand deposits to extract heavy minerals. The 
titanium mineral, ilmenite, was the primary mineral recovered by 
various physical separation methods. There was no chemical separation 
involved in the extraction and concentration processes. Heavy minerals, 
including monazite were pumped as slurry to a Wet Mill. At the Wet 
Mill, the heavy minerals were separated from the slurry, then 
stockpiled for dewatering, while the lighter fraction was returned to 
the dredge pond. The heavy mineral concentrate was heated in a Dry 
Mill, then screened to remove coarse material. The high conductivity of 
the titanium dioxide bearing minerals allowed electrical separation 
from other heavy minerals. Further magnetic refinement produced the 
final ilmenite product. The dry mill tailings containing essentially 
all the monazite from the heavy minerals concentrate were mixed with 
water and pumped to an area east of the dry mill building.
    ASARCO ceased operations in 1982. Evaluation of residual materials 
by private companies for commercial use continued until the property 
was purchased by HMI in 1986. Plant facilities were leased to Mineral 
Recovery, Inc. (MRI), who performed operational testing for titanium 
recovery until 1987.
    HMI assumed property control, conducting site operations under NRC 
license until 1990 when all production stopped. Operations were 
comparable to the ASARCO process, utilizing dry mill tailings as feed 
material. The tailings were mixed with water, pumped to the wet mill 
for mineral separation according to their conductive properties, 
proceeding through a dewatering and drying process. Minerals were 
recovered and sold as leucoxene and rutile (titanium dioxide products) 
and zircon. Licensable amounts of monazite were present throughout the 
electrical and magnetic separation processes. In early 1990, processing 
of feed materials continued followed by recycle of tailings from the 
MRI operations. Mill tailings containing monazite were deposited in a 
stockpile east of the dry mill. Due to economic conditions, HMI 
terminated all operations in August 1990. Approximately 700 cubic 
meters of stockpiled tailings remain licensed to HMI.

3.0  Radiological Status of the Facility

3.1  Structures and Equipment
    HMI performed decontamination of building surfaces and disposed of 
contaminated equipment in 1990-1991. Subsequent radiation (screening) 
surveys were conducted of the interiors of the wet mill and dry mill. 
Process trains within each building were characterized according to 
their monazite content and operating history as affected or unaffected 
areas using NUREG/CR-5849, ``Manual for Conducting Radiological Surveys 
in Support of License Termination'' criteria. The methods used to 
dismantle and decontaminate process equipment in affected areas and for 
disposition of resultant materials are described in the FSSP. The same 
methods will be used for decontamination of building interiors prior to 
the final radiological survey and will serve as the basis for 
termination of NRC Source Material License SMB-1541.
    The final release status surveys described in the FSSP will be 
performed in accordance with NUREG/CR-5849 criteria. Residual 
radioactive materials that exist in affected areas will meet current 
guidelines described in ``Guidelines for Decontamination of Facilities 
and Equipment Prior to Release for Unrestricted Use for Termination of 
Byproduct, Source, and Special Nuclear Material Licenses,'' (U.S. 
Nuclear Regulatory Commission, Policy and Guidance Directive FC 83-23, 
1983). Details regarding the radiological status of affected areas 
within the Wet and Dry Mill buildings are described in the next 
sections. At present, contaminated material containing monazite is 
being stored in the outdoor tailings pile. A final survey of affected 
areas will be required by NRC after residual material is removed and 
decontamination is complete.
    Following review of the Heritage Minerals, Inc. site radiological 
characterization of structures and equipment, the NRC staff finds 
characterization was performed in accordance with NUREG/CR-5849. The 
NRC staff review of the FSSP also finds it adequate for remediating 
structures and equipment to radiological levels below the NRC 
guidelines for unrestricted release (Nuclear Regulatory Commission, 
1983). The staff concludes no adverse environmental impacts will result 
from planned remediation of the site structures and equipment.
    3.1.1  Wet Mill Building. The Wet Mill Building process equipment 
used to extract product materials from raw feed was grouped into 
affected and unaffected survey units. The majority of survey units 
including floors, lower walls, and western mill areas are unaffected. 
Mechanical separation units and feed sumps involving transfer or 
processing of product material containing monazite were identified in 
the FSSP as affected areas. Final radiological surveys of interior 
surfaces will be within allowable release limits for natural thorium, 
the primary contaminant of concern. Prior to release of equipment in 
affected areas for unrestricted use, the NRC release limit of 1,000 
dpm/100 cm2 for average surface contamination and maximum release limit 
of 3,000 dpm/100 cm2 will be met.
    3.1.2  Dry Mill Building. Equipment in the Dry Mill Building was 
used to extract product materials from the Wet Mill process feed. 
Consistent with Wet Mill Building survey units, Dry Mill Building 
equipment was also grouped into affected and unaffected areas. Most

[[Page 47874]]

areas of the Dry Mill involving monazite including floors, ceiling, and 
lower walls (up to two meters above floor level) are affected. These 
include dryers, high tension separators, and sumps. NRC surface 
contamination release limits are the same as those used for Wet Mill 
equipment.
3.2  Surface and Subsurface Soils
    Radionuclide concentrations and direct radiation levels for surface 
and subsurface soils at the facility have been measured in the Wet 
Mill, Dry Mill, dust collectors, tailings (monazite) pile, and at 
various outdoor locations.
    Direct radiation levels inside buildings and outdoor areas were 
routinely measured by HMI personnel since 1990. Direct gamma exposure 
rates at ground level and 1 meter above the surface were reported for 
the monazite pile and areas in and around the Wet and Dry Mills. 
Average monazite pile perimeter readings ranged between 300-1700 
R/hr up to 2000 R/hr on the pile. Readings at outdoor 
locations around buildings were at or near background levels. The 
highest exposure rates were measured on storage drums located inside 
the security fence surrounding the pile, at levels up to 3000 
R/hr. Small amounts of residual material (unlicensed) exists 
from recycled ASARCO tailings deposits in adjoining owner controlled 
property locations. These areas showed direct gamma radiation readings 
ranging between 10-150 R/hr and will not be included in the 
remediation. Normal background radiation levels for other facility 
production areas is 7-20 R/hr.
    In July 1996, Radiation Science, Inc. issued a Report of Site 
Background for HMI which included soil samples at a depth of six inches 
from undisturbed environment, representative of natural site 
conditions. Background levels were established by performing gamma 
spectral analysis for U-238 and Th-232 on 32 samples. Mean values 
reported for background samples was 0.31 pCi/gm for U-238 concentration 
and 0.25 pCi/gm for Th-232 concentration. Average dose rates 
measurements from areas where samples were taken was 3.0 R/hr.
    Sample analysis of soils taken from recycled tailings, an unused 
settling pond, plant tailings, and new feed materials did not exceed 
NRC limits for total uranium and thorium (i.e., 10 pCi/g above 
background) for unrestricted release. Only soil in the monazite pile 
was measured above licensable source material quantities, and showed 
total concentrations of Ra-226 and Ra-228 up to 1376 pCi/gm. The FSSP 
identifies these soils as the material to be considered for remediation 
activities.
    Following review of the HMI site radiological characterization 
studies for soils, the NRC staff finds the characterization effort and 
FSSP adequate for determining areas of elevated radioactivity in soils 
that require remediation to limit concentrations to the NRC limits for 
unrestricted release (46 Federal Register 52061-52063).
3.3  Surface Water and Groundwater
    Analyses for radioactivity of surface water samples collected from 
existing site monitoring wells and offsite streams were reported by 
Camp Dresser & McKee, Inc. in 1997 as part of the Mine Tailings 
Radiological Assessment Plan prepared for the New Jersey Department of 
Environmental Protection. Concentrations measured for groundwater 
samples were 2.0-7.0 pCi/l for gross alpha and under 2.0-5.0 pCi/l for 
gross beta. Results of surface water samples were 2.0-3.9 pCi/l gross 
alpha and 2.0-4.2 pCi/l gross beta. Due to the insoluble properties of 
monazite and generally low levels of radiological contamination 
identified in samples, no concern was found regarding dissolution of 
radioactivity into groundwater and surface water.
    Following staff review of the characterization of surface waters 
and groundwater around the HMI site, the NRC staff concludes the 
characterization is adequate and radiological contamination of surface 
waters and groundwater is below levels that would be a concern for 
environmental impacts.
3.4  Air
    HMI reported results from 1990 air sampling measurements in three 
locations of the Dry Mill taken by their contractor, Teledyne Isotopes. 
Air filters were analyzed for gross alpha activity using an alpha 
scintillation counter. Activity detected was assumed to be Th-232, with 
reported concentrations less than 1.6  x  10-12 Ci/
ml. These concentrations were less than effluent concentrations limits 
allowed in 10 CFR Part 20, Appendix B, and are therefore found by NRC 
to be below levels that could lead to adverse environmental impacts. 
Dust and security control measures provide confidence that air quality 
will not be degraded during decommissioning activities to levels that 
exceed NRC limits in 10 CFR Part 20.

4.0  Evaluation of Proposed Methods for Decontamination and 
Dismantlement of Structures, Buildings, and Equipment

4.1  Decontamination of Buildings, Equipment, and Outdoor Areas
    HMI's proposal for decontamination of buildings, equipment, and 
outdoor areas is provided in the FSSP, supplemented by additional 
letters clarifying remediation activities in response to NRC's request 
for additional information. In 1991, process equipment, Wet and Dry 
Mill buildings, and survey units with operating equipment suspected to 
contain radioactive material were cleaned and decontaminated. 
Decontamination methods used for mill equipment included high pressure 
washing, steaming, general wipe down and scrubbing, blowing, and 
dusting and sweeping of surfaces. Radiation surveys of buildings and 
areas around the monazite pile have been performed routinely by HMI 
since that time.
    The FSSP describes the proposed decommissioning activities and 
methods for protecting workers and the public during removal of 
monazite contaminated soil. Residual radioactivity remaining inside 
buildings is confined to fine sand grains present on equipment 
surfaces. Affected survey units may require further decontamination 
prior to performing the final status survey. Areas that contain only 
loosely adhered contamination will be HEPA vacuumed to remove 
contaminants. Fixtures, tanks, pumps, high tension separators, piping, 
and heavy equipment will be isolated, disassembled, and decontaminated 
as necessary, then resurveyed prior to release for unrestricted use. 
Equipment that cannot be economically decontaminated will be 
resurveyed, and all equipment with contamination above the NRC limits 
for unrestricted release or equipment suspected to contain radioactive 
material will be treated as radioactive waste.
    When removal of process equipment from mill buildings is completed, 
building characterization surveys will be conducted. Walls up to two 
meters and floors are to be surveyed in accordance with the FSSP. Those 
buildings that contain residual contamination will be decontaminated 
below NRC guideline values using the most economical and reliable 
methods available. HMI's objective is to free release all buildings 
above grade to allow demolition (if deemed necessary) of clean 
buildings. Decontamination of ground-level floors will include the top 
surface of the concrete slabs, if needed.

[[Page 47875]]

Material from demolition of ground-level floors and underlying soils 
will be surveyed for contamination and remediated.
    Surface and subsurface soils with Th-232 concentrations greater 
than 10 pCi/g is restricted to the monazite pile. HMI proposes two 
excavations of materials with monazite concentrations greater than 10 
pCi/g above background. Contaminated soil (monazite ore) will be 
excavated, placed into a hopper, and transferred to shipping 
containers. This will be followed by a second excavation of surface 
layer soil to be removed in a similar manner. A fenced security area 
near the existing pile will be established for staging of shipping 
containers and contaminated equipment prior to transportation off-site. 
After the second excavation, area radiation levels are expected to be 
reduced to no more than twice background. Excavation of soil to meet 
Th-232 cleanup criteria will also serve to remove residual uranium 
contamination because both contaminants are contained in the monazite-
rich soil. Once remediated, the remaining soil will be resurveyed in a 
manner consistent with NRC-accepted methods to ensure residual thorium 
and uranium contamination meet the NRC unrestricted release criteria. 
Soil and other material will be transported from the site either to a 
licensed disposal facility or exported under NRC Export License 
XSOU8751, issued to HMI on May 2, 1997.
    Under Condition 15 of Materials License SMB-1541, HMI cannot 
release for unrestricted use areas within plant buildings or the 
monazite pile without specific, written authorization from the NRC. 
Based on the NRC review of building and equipment decontamination 
methods described in the FSSP and supporting documents, NRC concludes 
that the methods are adequate for ensuring that equipment, buildings, 
and outdoor areas will meet the NRC guidelines for unrestricted use and 
no adverse environmental impacts will result from planned activities.

5.0  Decommissioning Alternatives and Impacts

5.1  No Action
    No decommissioning action by HMI would constitute a violation of 10 
CFR 40.42(d) requirements, which requires that licensees begin site 
decommissioning of buildings and outdoor areas that contain residual 
radioactivity after permanently ceasing principal activities. Impacts 
of the no-action alternative are maintaining an NRC license, which 
would significantly reduce options for future property use, and require 
perpetual care and security of the site in its current radiological 
condition to prevent radiation exposure to monazite contamination and 
unauthorized public access.
5.2  Proposed Action
    The proposed action is the approval to implement the Heritage 
Minerals, Inc. Final Status Survey Plan, for decommissioning activities 
at the Lakehurst, New Jersey facility that will permit unrestricted use 
of the site and termination of License No. SMB-1541. Decommissioning 
the facility for unrestricted release allows productive use of the land 
in the future. Site remediation is expected to mitigate potential 
future environmental impacts attributable to existing radiological 
contamination resulting from past operations.
5.3  Alternatives to Proposed Action
    Two alternatives to the proposed action are considered. The first 
alternative is to not release the site for unrestricted use and keep 
the property under license. This alternative is unfavorable because 
maintaining an NRC license for the site would provide negligible, if 
any, environmental benefit, but would greatly reduce options for future 
use of the property. The second alternative involves storage of 
excavated soils on-site for an indefinite period should HMI be unable 
to export or transfer the material for disposal. While on-site storage 
defers the costs associated with disposal at a licensed facility, it 
removes the property from productive use, resulting in a negative 
impact to the economic potential of the local area.
    The NRC determines the proposed action to be more favorable than 
either no-action or alternatives to the proposed action.

6.0  Radiation Protection Program

6.1  Radioactive Waste Management and Transportation Program
    The radioactive waste management program at the HMI site includes 
identification, characterization, segregation, packaging, labeling, 
manifesting, and transporting waste in accordance with NRC, U.S. 
Department of Transportation (DOT), and other applicable federal, 
state, and local regulations. Included as contaminated radioactive 
waste materials from decommissioning activities will be equipment, 
tools, process material, building debris, decontamination materials 
(rags, wipes, filters), decontamination waste, soils, residual process 
equipment waste (sludges), and used personal protective equipment.
    Since HMI intends to comply with all applicable requirements, NRC 
finds the planned radioactive waste management and transportation 
programs adequate for the materials at the site, and no adverse 
environmental impacts are expected from waste management activities or 
transfer of the material offsite.
6.2  Technical and Environmental Specifications
    6.2.1  Unrestricted Use Guidelines. Guidelines for unrestricted use 
for natural thorium and uranium for the Heritage Minerals, Inc. site 
are Option 1 in the 1981 Branch Technical Position on ``Disposal or 
Onsite Storage of Thorium or Uranium Wastes From Past Operations'' (46 
FR 52061), and NRC ``Guidelines for Decontamination of Facilities and 
Equipment Prior to Release for Unrestricted Use for Termination of 
Byproduct, Source, and Special Nuclear Material Licensees,'' Policy and 
Guidance Directive, FC 83-23. The unrestricted release criteria are 
identified in the table below.

                                           Soil Release Criterial \1\
----------------------------------------------------------------------------------------------------------------
                                                 Maximum soil
                 Radionuclide                    concentration                      Reference
                                                    (pCi/g)
----------------------------------------------------------------------------------------------------------------
Natural Thorium (Th-232 plus Th-228) if all                 10  (46 Federal Register 52061-52063).
 daughters are in equilibrium.
Natural Uranium Ores (U-238 plus U-234) if all              10  (46 FR 52061-52063).
 daughters are present and in equilibrium.
----------------------------------------------------------------------------------------------------------------
\1\ If only one radionuclide is present, the maximum concentration is the value listed in this table. If more
  than one radionuclide is present, however, the ratio between the measured concentration and the corresponding
  limit listed in this table is determined. The sum of such ratios for all radionuclides present must not exceed
  one.


[[Page 47876]]

    6.2.2  Radiological Health and Safety Program. HMI will select a 
decommissioning contractor who will follow radiation protection 
procedures sufficient to administer the radiation protection program 
authorized by License SMB-1541. The radiation protection program has 
been routinely inspected by NRC staff and found to be well implemented. 
The proposed action is limited in scope and not expected to include 
unique health and safety issues outside the scope of the radiation 
protection program. NRC will conduct site inspections while 
decommissioning activities are in progress. NRC determines the 
radiation protection program adequate for the proposed action.
    6.2.3   Corporate Organization and Management. The HMI site manager 
will function as the licensee representative of the decommissioning 
project to provide oversight for all project activities. The site 
manager's function is to coordinate scheduling and status reports with 
the contractor Project Manager (PM) and HMI legal advisor. The PM will 
maintain overall responsibility for performance of project operations 
for the duration of the project until decommissioning activities are 
completed. The PM and decommissioning workers report directly to the 
HMI technical and legal staff for all project related activities, 
management direction, and resolution of operational issues. Primary 
responsibility of the PM includes on-site workforce management to 
ensure agreed to work schedules are met. The HMI Radiation Safety 
Officer (RSO) will report to the site manager and continue to perform 
oversight of all radiological work-related activities throughout the 
decommissioning project.
    From review of job descriptions and responsibilities involved in 
radiological safety during decommissioning, NRC determines that the 
designated functions are acceptable to implement the radiological 
safety program during proposed decommissioning activities.
    6.2.4  Radiological Exposure Control. Areas where radioactive 
materials are used and stored will be posted to control exposures to 
workers and visitors and avoid the spread of contamination. Measures to 
be taken to ensure control of contamination include donning of anti-
contamination clothing, personnel monitoring, and frequent area 
radiation surveys. External radiation monitoring will be conducted 
through the use of environmental dosimeters placed at strategic 
locations around the monazite pile and work areas. The need for and 
type of dosimetry for workers and visitors in radiologically controlled 
areas will be determined by the contractor, and may include issuance of 
a radiation work permit. The primary dosimeter will be the 
thermoluminescent dosimeter (TLD) for whole body exposure, however, 
other types such as extremity TLD's will be employed, as conditions 
warrant.
    For activities that have the potential to generate dusts, airborne 
particulate monitoring will be performed to demonstrate compliance with 
10 CFR Part 20 intake limits, determine whether precautionary measures 
are needed (engineering controls, use of respiratory equipment), and 
show how exposures are being maintained ALARA. To reduce the amount of 
airborne particulates during excavations, the monazite pile will be 
sprayed with water twice per day. For equipment decontamination within 
affected survey units, HEPA air filtration in the immediate work area 
will be used, as needed.
    Resuspension and airborne transport of contaminated soil during 
excavations serves as the primary pathway for off-site releases from 
decommissioning activities. HMI proposes to measure air particulates in 
the downwind direction through the use of a high-volume air sampler. 
Workers involved in excavations will be required to wear respiratory 
protection until radiological airborne activity levels are determined. 
HMI does not expect the proposed action will result in the generation 
of off-site, airborne concentrations that would result in dose to a 
member of the public in excess of the dose limits in 10 CFR Part 20. 
Previous results of groundwater and surface water sampling have shown 
negligible dose contribution due to the low levels of radionuclides 
during site operations. Decommissioning activities will have no further 
impact, therefore, additional water sampling is not needed.
    HMI's total dose estimates for a worker based on direct gamma 
exposure rate from airborne soil releases from excavation activities of 
the monazite pile of 1mR/h is 320 mRem, with dust inhalation dose at 6% 
of the annual limit of intake (ALI) for the duration of the proposed 
action. The off-site (public) annual dose limit in 10 CFR Part 20 is 
100 mrem. Given the low estimated exposure beyond the site boundary, 
the air sampling is adequate for off-site monitoring of potential 
releases to ensure compliance with the dose limits of 10 CFR Part 20.
    Following review of radiological exposure controls, NRC determines 
the proposed program methodologies are adequate for detecting potential 
environmental impacts prior to license termination.
    6.2.5  Security. Security of radioactive material at the HMI 
facility is maintained by a fence with a locked front entry gate around 
the perimeter of the monazite pile. Security for mill buildings is 
minimal, and other site areas are left unattended for long periods. 
Equipment theft in mill buildings has been a known concern within 
buildings, but missing equipment was believed to have been 
decontaminated after operations shut down in 1990. These concerns 
should be alleviated by the presence of on-site decommissioning 
personnel. HMI has committed to establishing a fenced exclusion area 
for shipping containers and equipment removed from buildings which 
cannot be released for unrestricted use.
    NRC determines this is an adequate level of security to ensure 
radiological safety will be maintained during decommissioning 
activities at the site.
6.3  Radiological Accident Analysis
    Potential accident scenarios considered include building fire and 
loading or shipping incidents of radioactive materials. Due to the low 
potential for fire or explosion in building structures and the limited 
quantities of material used during transfer operations, accidental 
releases of radioactive materials in quantities that could affect 
public health and safety are unlikely. A 24-hour number will be 
established to provide Radiation Safety Officer notifications in the 
event emergency response is necessary.
    The NRC concludes that HMI has adequately addressed the potential 
for radiological accidents.

7.0  Environmental Impacts

7.1  Radiological Impacts to the Public and Workers
    Potential sources of worker exposure from decommissioning 
activities include characterization work, decontamination and 
remediation of buildings and associated structures (piping, 
foundations), and excavation of soils. Past NRC inspections showed 
activities resulted in no measurable internal or external dose to 
workers. These activities were similar to the proposed activities and 
included equipment and building decontamination, radiological 
characterizations, and monazite pile maintenance. NRC dose calculation 
based upon excavation and packaging of 700 m3 of monazite 
soil at an average thorium soil concentration of 25 pCi/g (highest 
sample result obtained during

[[Page 47877]]

NRC inspection) project an occupational worker exposure under 10 mRem, 
primarily due to external exposure. Based on the above, the staff 
believes that worker exposures will be well within the 10 CFR Part 20 
annual worker dose limit of 5000 mRem, and that no adverse impacts to 
workers will result.
    Potential sources of radiological impacts to the public from 
decommissioning activities at the HMI site are similar to those 
pertaining to worker exposures (decontamination and excavation dusts), 
but require transport over greater distances to reach off-site 
receptors. As a result, lower concentrations and doses are expected for 
members of the public than for workers. Previous NRC inspections showed 
that worker exposures during past activities were undetectable. 
Similarly, the public doses from these activities should be 
undetectable. The NRC staff has determined that HMI has provided 
adequate plans to ensure that potential radiological impacts to members 
of the public from the proposed action will not exceed NRC limits and 
are unlikely to result in adverse environmental impacts.
7.2  Nonradiological Impacts
    There are no planned direct uses of chemicals in the proposed 
action, only the excavation of soil, and remediation of equipment and 
buildings. No other operations have a potential to affect the 
environment. During scoping and characterization surveys, an assessment 
of each building will be performed to identify the presence of 
hazardous or mixed wastes. The survey will identify items requiring 
management of hazardous substances, if found.
    The NRC staff has determined that HMI has acceptably addressed the 
control of potential releases of nonradiological hazardous materials.

8.0  Agencies and Individuals Consulted

    NRC transmitted the FSSP to the New Jersey Department of 
Environmental Protection (NJDEP), US Environmental Protection Agency, 
Region 2, and Township of Manchester by letters dated February 13, 
1998, for review and comment. The response letter of March 18, 1998 
from the NJDEP included comments regarding characterization of areas 
with thorium levels below licensable quantities and extent of soil 
removal, was forwarded to HMI for evaluation. HMI addressed the State's 
comments in their letter of November 30, 1998 to NRC providing 
acceptable responses to the NJDEP questions. No response was received 
from the EPA or Manchester Township. HMI has committed to coordinate 
with the NJDEP and comply with applicable State and local regulations 
during decommissioning activities.

9.0  Finding of No Significant Impact

    The Commission has prepared an EA related to the proposed 
unrestricted release, and removal from license SMB-1541, of 700 
m3 of monazite-rich soil from the Heritage Minerals, Inc., 
Lakehurst, New Jersey site. On the basis of the EA, the Commission has 
concluded that this licensing action would not significantly affect the 
environment and does not warrant the preparation of an environmental 
impact statement. Accordingly, it has been determined that a Finding of 
No Significant Impact is appropriate.
    The NRC hereby provides notice that this is a proceeding on a 
license amendment falling within the scope of Subpart L, ``Informal 
Hearing Procedures for Adjudications in Materials and Operator 
Licensing Proceedings,'' 10 CFR Part 2. Pursuant to Sec. 2.1205(a), any 
person whose interest may be affected by this proceeding may file a 
request for hearing in accordance with Sec. 2.1205 (d). A request for 
hearing must be filed within thirty (30) days of the date of 
publication of this Federal Register Notice.
    The request for a hearing must be filed with the Office of the 
Secretary either:
    1. By delivery to the Docketing and Service Branch of the Secretary 
at One White Flint North, 11555 Rockville Pike, Rockville , MD 20852-
2738; or
    2. By mail or telegram addressed to the Secretary, U.S. Nuclear 
Regulatory Commission, Washington, D.C., 20555. Attention: Docketing 
and Service Branch.
    In addition to meeting other applicable requirements of 10 CFR Part 
2 of the NRC's regulations, a request for a hearing filed by a person 
other than an applicant must describe in detail:
    1. The interest of the requestor in the proceeding;
    2. How that interest may be affected by the results of the 
proceeding, including the reasons why the requestor should be permitted 
a hearing, with particular reference to the factors set out in Sec. 
2.1205(h),
    3. The requestor's area of concern about the licensing activity 
that is the subject matter of the proceeding; and
    4. The circumstances establishing that the request for a hearing is 
timely in accordance with Sec. 2.1205(d).
    In accordance with Sec. 2.1205(f), each request for hearing must 
also be served, by delivering it personally or by mail, to:
    1. Heritage Minerals, Inc., Attention: Anthony J. Thompson, 
Esquire, ShawPittman, 2300 N Street, NW, Washington, DC 20037-1128; and
    2. The NRC staff, by delivery to the Executive Director for 
Operations, One White Flint North, 11555 Rockville Pike, Rockville, MD 
20852-2738 or by mail, addressed to the Executive Director for 
Operations, U.S. Nuclear Regulatory Commission, Washington, DC 20555.
    The documents related to this proposed action are available for 
public inspection and copying at the NRC Public Document Room, 2120 L 
Street NW., Washington, DC 20555 or at the NRC's Region I offices 
located at 475 Allendale Road, King of Prussia, PA 19406.

10.0  References

    Berger, J.D., ``Manual for Conducting Radiological Surveys in 
Support of License Termination,'' NUREG/CR-5849, Washington, DC: 
Nuclear Regulatory Commission. 1992.
    Nuclear Regulatory Commission, ``Guidelines for Decontamination 
of Facilities and Equipment Prior to Release for Unrestricted Use 
for Termination of Byproduct, Source, and Special Nuclear Material 
Licenses,'' Policy and Guidance Directive FC 83-23, 1983.
    Nuclear Regulatory Commission, ``Final Generic Environmental 
Impact Statement in Support of Rulemaking on Radiological Criteria 
for License Termination of NRC Licensed Nuclear Facilities,'' NUREG-
1496, Volume 2, 1997.
    Orlando, D., et al., ``NMSS Handbook for Decommissioning Fuel 
Cycle and Materials Licensees,'' NUREG/BR-0241, Washington, DC: 
Nuclear Regulatory Commission, 1997.

    Dated at King of Prussia, Pennsylvania this 20th Day of August 
1999.

    For the Nuclear Regulatory Commission.
George Pangburn,
Director, Division of Nuclear Materials Safety.
[FR Doc. 99-22767 Filed 8-31-99; 8:45 am]
BILLING CODE 7590-01-P