Notice of Consideration of Amendment Request for the Babcock and Wilcox Shallow Land Disposal Area in Parks Township, Pennsylvania, and Opportunity for a Hearing

[Federal Register Volume 63, Number 237 (Thursday, December 10, 1998)]
[Notices]
[Pages 68316-68317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32813]


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NUCLEAR REGULATORY COMMISSION

[Docket No.: 070-3085]


Notice of Consideration of Amendment Request for the Babcock and 
Wilcox Shallow Land Disposal Area in Parks Township, Pennsylvania, and 
Opportunity for a Hearing

    The U.S. Nuclear Regulatory Commission is considering issuance of 
an amendment to Special Nuclear Materials License SNM-2001(SNM-2001) 
issued to the Babcock and Wilcox Company (B&W) establishing the date 
that B&W will submit a decommissioning plan for the Shallow Land 
Disposal Area (SLDA) to NRC. This amendment does not pertain to NRC's 
substantive review of the decommissioning plan itself or the merits of 
any decommissioning alternative that has been proposed for the site in 
past. Once B&W has submitted a decommissioning plan for NRC review, NRC 
will publish a separate notice and opportunity for a hearing on the 
decommissioning plan itself. In addition, the amendment, and 
opportunity for a hearing, does not pertain to the adjacent Parks 
Operating facility, which is administered under a separate license 
(SNM-414).
    The SLDA is located in Armstrong County, PA, approximately 23 miles 
east-northeast of Pittsburgh. The SLDA consists of ten waste disposal 
trenches comprising approximately 1.2 acres surrounded by a 40-acre 
fenced buffer area. The SLDA was formerly owned by Nuclear Materials 
and Equipment Corporation (NUMEC) which also operated the nearby Apollo 
Nuclear Fuel Fabrication Facility. In the 1960s and 1970s, the SLDA was 
used by NUMEC to dispose of radioactively contaminated (primarily 
uranium and thorium) and non-radioactive wastes in accordance with NRC 
regulations at 10 CFR 20.304. NRC rescinded 10 CFR 20.304 in 1981. In 
1967, Atlantic Richfield Company (ARCO) purchased stock in NUMEC and 
then sold it to B&W in 1971. In September 1994, B&W submitted several 
remediation alternatives for the SLDA to NRC. B&W's preferred 
alternative was to stabilize the waste in place by covering the buried 
waste with a soil and synthetic cover and isolating the waste from the 
groundwater with slurry walls, grout curtains and other engineered 
barriers. Based on B&W's proposed alternative for decommissioning the 
SLDA, NRC published a notice in the Federal Register announcing NRC's 
intent to develop an Environmental Impact Statement (EIS) for the 
decommissioning of the site. In August 1997, NRC completed development 
of a draft EIS (DEIS) and published a Notice of Availability in the 
Federal Register on September 4, 1997. NRC withdrew the DEIS on 
September 24, 1997, so that NRC staff could develop additional 
information regarding the alternatives presented in the DEIS.
    On July 9, 1998, B&W submitted a request to NRC to amend its 
license, SNM-2001, to require that B&W submit a decommissioning plan 
for the SLDA to NRC by December 6, 2000. On August 3, 1998, NRC staff 
informed B&W that it would need to provide NRC with justification for 
this date. On October 13, 1998, B&W provided this justification. 
Therefore, NRC has determined that B&W's July 9 1998, and October 13, 
1998, constitute a complete request to amend SNM-2001. However, NRC has 
not made a final determination on whether the request is acceptable and 
NRC will continue to review the request in accordance with the criteria 
in NRC regulations at 10 CFR 70.38(g)(2).
    The NRC hereby provides notice that this is a proceeding on an 
application for amendment of a license falling within the scope of 
Subpart L ``Informal Hearing Procedures for Adjudication in Materials 
Licensing Proceedings,'' of NRC's rules and practice for domestic 
licensing proceedings in 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 a hearing in accordance with Sec. 2.1205(d). A request for 
a 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 U.S. Nuclear Regulatory Commission, One White 
Flint North, 11555 Rockville Pike, Rockville, MD 20852-2738 between 
7:45 am and 4:15 pm Federal workdays; or
    2. By mail or telegram addressed to the Secretary, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555. Attention: Rulemaking and 
Adjudications 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 requester 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 requester's areas 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 10 CFR 2.1205(f), each request for a hearing 
must also be served, by delivering it personally or by mail, to:
    1. The applicant, BWX Technologies, P.O. Box 11165, Lynchburg, Va. 
24506-1165 Attention: Mr. Philip Rosenthal; and
    2. The NRC staff, by delivery to the Executive Director for 
Operations, One White Flint North, 11555 Rockville Pike, Rockville, MD 
20852, or by mail,

[[Page 68317]]

addressed to the Executive Director for Operations, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555.
    For further details with respect to this action, the license 
amendment request is available for inspection at the NRC's Public 
Document Room, 2120 L Street N.W., Washington, D.C. 20555.

FOR FURTHER INFORMATION CONTACT: Dominick A. Orlando, Low-Level Waste 
and Decommissioning Projects Branch, Division of Waste Management, 
Office of Nuclear Material Safety and Safeguards, U.S. Nuclear 
Regulatory Commission, Washington DC 20555-0001, telephone (301) 415-
6749.

    Dated at Rockville, Maryland, this 4th day of December, 1998.

    For the Nuclear Regulatory Commission.
John W.N. Hickey,
Chief, Low-Level Waste and Decommissioning Projects Branch, Division of 
Waste Management, Office of Nuclear Material Safety and Safeguards.

[FR Doc. 98-32813 Filed 12-9-98; 8:45 am]
BILLING CODE 7590-01-P