80 FR 13446 - Department of the Air Force; Hill Air Force Base, Utah Proposed Decommissioning Plan

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 80, Issue 49 (March 13, 2015)

The U.S. Nuclear Regulatory Commission (NRC) has received a license amendment application from the Department of the Air Force (the licensee) for approval of a proposed decommissioning plan for remediation of a former magnesium-thorium disposal trench at the Little Mountain Text Annex, Hill Air Force Base, Utah. License 42-23539-01AF authorizes the licensee to possess and use radioactive materials at various locations throughout the U.S. The NRC is currently conducting a detailed technical review of the draft decommissioning plan. If the decommissioning plan is approved by the NRC, the licensee would be authorized to remediate the former disposal trench in accordance with the instructions provided in the decommissioning plan.

[Federal Register Volume 80, Number 49 (Friday, March 13, 2015)]
[Notices]
[Pages 13446-13449]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-05803]


=======================================================================
-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket No. 030-28641; NRC-2015-0054]


Department of the Air Force; Hill Air Force Base, Utah Proposed 
Decommissioning Plan

AGENCY: Nuclear Regulatory Commission.

ACTION: License amendment application; opportunity to comment, request 
a hearing, and petition for leave to intervene.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has received a 
license amendment application from the Department of the Air Force (the 
licensee) for approval of a proposed decommissioning plan for 
remediation of a former magnesium-thorium disposal trench at the Little 
Mountain Text Annex, Hill Air Force Base, Utah. License 42-23539-01AF 
authorizes the licensee to possess and use radioactive materials at 
various locations throughout the U.S. The NRC is currently conducting a 
detailed technical review of the draft decommissioning plan. If the 
decommissioning plan is approved by the NRC, the licensee would be 
authorized to remediate the former

[[Page 13447]]

disposal trench in accordance with the instructions provided in the 
decommissioning plan.

DATES: Submit comments by April 13, 2015. Comments received after this 
date will be considered if it is practical to do so, but the NRC is 
able to ensure consideration only for comments received on or before 
this date. A request for a hearing or petition for leave to intervene 
must be filed by May 12, 2015.

ADDRESSES: You may submit comments by any of the following methods 
(unless this document describes a different method for submitting 
comments on a specific subject):
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0045. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     Mail comments to: Cindy Bladey, Office of Administration, 
Mail Stop: OWFN-12-H08, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Jack E. Whitten, Region IV Office, 
U.S. Nuclear Regulatory Commission, 1600 E. Lamar Blvd., Arlington, 
Texas, 76011; telephone: 817-200-1197, email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2015-0045 when contacting the NRC 
about the availability of information for this action. You may obtain 
publicly-available information related to this action by any of the 
following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0045.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to [email protected]. The 
licensee's ``Approval Request: Decontamination Plan and Final Status 
Survey Plan'' is available in ADAMS under Accession No. ML14197A685. 
The licensee's ``Waiver for Environmental Assessment'' and supplemental 
information for the decommissioning plan is available in ADAMS under 
Accession No. ML15030A218.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

B. Submitting Comments

    Please include Docket ID NRC-2015-0045 in the subject line of your 
comment submission, in order to ensure that the NRC is able to make 
your comment submission available to the public in this docket.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC posts all comment submissions at http://www.regulations.gov as well as entering the comment submissions into 
ADAMS. The NRC does not routinely edit comment submissions to remove 
identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment submissions into ADAMS.

II. Introduction

    The NRC has received, by letter dated May 12, 2014, an application 
to amend Materials License No. 42-23539-01AF, which authorizes the 
licensee to possess, store, and use radioactive materials at various 
locations around the U.S. Specifically, the licensee requested NRC 
approval of a proposed decommissioning plan. By letter dated September 
12, 2014, the licensee requested a categorical exclusion from the 
environmental assessment process and provided supplemental information, 
including a work plan, for the decommissioning plan. The licensee plans 
to remediate a magnesium-thorium disposal trench at the Little Mountain 
Test Annex, Hill Air Force Base, Utah, in accordance with instructions 
provided in the decommissioning plan. The licensee submitted the 
decommissioning plan, in part, to comply with the requirements of Sec.  
30.36(g) of Title 10 of the Code of Federal Regulations (10 CFR). The 
licensee also submitted the decommissioning plan to comply with its 
commitments provided in the Memorandum of Understanding between the Air 
Force and the NRC dated September 19, 2014, (ADAMS Accession No. 
ML14262A340). If the decommissioning plan is approved by the NRC, the 
licensee will conduct decommissioning activities, including a final 
status survey, in accordance with the plan. After the completion of 
decommissioning, the licensee is expected to submit the final status 
survey results to the NRC for review. Eventually, the licensee is 
expected to ask the NRC for authorization to release the former 
disposal trench for unrestricted release.
    An NRC administrative completeness review found the application 
acceptable for a technical review (ADAMS Accession No. ML14280A590). 
Prior to approving the proposed action, the NRC will need to make the 
findings required by the Atomic Energy Act of 1954, as amended (the 
Act), and the NRC's regulations. The NRC's findings will be documented 
in a safety evaluation report. The licensee asked the NRC for a 
categorical exclusion from the environmental assessment process. The 
licensee completed a similar environmental assessment at the Little 
Mountain Text Annex in March 2014. Based on the results of this 
previous assessment, the licensee asked the NRC to waive the 
environmental assessment process during the review and approval of its 
decommissioning plan for the disposal trench. If the NRC subsequently 
rejects the licensee's categorical exclusion request, the environmental 
assessment will be the subject of a subsequent notice in the Federal 
Register.

III. Notice and Solicitation of Comments

    In accordance with 10 CFR 20.1405, the Commission is providing 
notice and soliciting comments from local and State governments in the 
vicinity of the site and any Federally-recognized Indian tribe that 
could be affected by the decommissioning. This notice and solicitation 
of comments is published pursuant to Sec.  20.1405, which provides

[[Page 13448]]

for publication in the Federal Register and in a forum, such as local 
newspapers, letters to State or local organizations, or other 
appropriate forum, that is readily accessible to individuals in the 
vicinity of the site. Comments should be provided within 30 days of the 
date of this notice.

IV. Opportunity To Request a Hearing and Petitions for Leave To 
Intervene

    Within 60 days after the date of publication of this Federal 
Register notice, any person whose interest may be affected by this 
action may file a request for a hearing and a petition to intervene 
with respect to issuance of the amendment to the subject facility 
operating license or combined license. Requests for a hearing and a 
petition for leave to intervene shall be filed in accordance with the 
Commission's ``Agency Rules of Practice and Procedure'' in 10 CFR part 
2. Interested person(s) should consult a current copy of 10 CFR 2.309, 
which is available at the NRC's PDR, located in One White Flint North, 
Room O1-F21 (first floor), 11555 Rockville Pike, Rockville, Maryland 
20852. The NRC's regulations are accessible electronically from the NRC 
Library on the NRC's Web site at http://www.nrc.gov/reading-rm/doc-collections/cfr/. If a request for a hearing or petition for leave to 
intervene is filed within 60 days, the Commission or a presiding 
officer designated by the Commission or by the Chief Administrative 
Judge of the Atomic Safety and Licensing Board Panel will rule on the 
request and/or petition. The Secretary or the Chief Administrative 
Judge of the Atomic Safety and Licensing Board will issue a notice of 
hearing or an appropriate order.
    As required by 10 CFR 2.309, a petition for leave to intervene 
shall set forth, with particularity, the interest of the petitioner in 
the proceeding and how that interest may be affected by the results of 
the proceeding. The petition should specifically explain the reasons 
why intervention should be permitted, with particular reference to the 
following general requirements: (1) The name, address, and telephone 
number of the requestor or petitioner; (2) the nature of the 
requestor's/petitioner's right under the Act to be made a party to the 
proceeding; (3) the nature and extent of the requestor's/petitioner's 
property, financial, or other interest in the proceeding; and (4) the 
possible effect of any decision or order which may be entered in the 
proceeding on the requestor's/petitioner's interest. The petition must 
also include the specific contentions that the requestor/petitioner 
seeks to have litigated at the proceeding.
    Each contention must consist of a specific statement of the issue 
of law or fact to be raised or controverted. In addition, the 
requestor/petitioner shall provide a brief explanation of the bases for 
the contention and a concise statement of the alleged facts or expert 
opinion that support the contention and on which the requestor/
petitioner intends to rely in proving the contention at the hearing. 
The requestor/petitioner must also provide references to those specific 
sources and documents of which the petitioner is aware and on which the 
requestor/petitioner intends to rely to establish those facts or expert 
opinion. The petition must include sufficient information to show that 
a genuine dispute exists with the applicant on a material issue of law 
or fact. Contentions shall be limited to matters within the scope of 
the amendment under consideration. The contention must be one which, if 
proven, would entitle the requestor/petitioner to relief. A requestor/
petitioner who fails to satisfy these requirements with respect to at 
least one contention will not be permitted to participate as a party.
    Those permitted to intervene become parties to the proceeding, 
subject to any limitations in the order granting leave to intervene, 
and have the opportunity to participate fully in the conduct of the 
hearing with respect to resolution of that person's admitted 
contentions, including the opportunity to present evidence and to 
submit a cross-examination plan for cross-examination of witnesses, 
consistent with NRC regulations, policies, and procedures. The Atomic 
Safety and Licensing Board will set the time and place for any 
prehearing conferences and evidentiary hearings, and the appropriate 
notices will be provided.
    Petitions for leave to intervene must be filed no later than 60 
days from the date of publication of this notice. Requests for hearing, 
petitions for leave to intervene, and motions for leave to file new or 
amended contentions that are filed after the 60-day deadline will not 
be entertained absent a determination by the presiding officer that the 
filing demonstrates good cause by satisfying the three factors in 10 
CFR 2.309(c)(1)(i)-(iii).
    A State, local governmental body, Federally-recognized Indian 
tribe, or agency thereof, may submit a petition to the Commission to 
participate as a party under 10 CFR 2.309(h)(1). The petition should 
state the nature and extent of the petitioner's interest in the 
proceeding. The petition should be submitted to the Commission by May 
12, 2015. The petition must be filed in accordance with the filing 
instructions in the ``Electronic Submission (E-Filing)'' section of 
this document, and should meet the requirements for petitions for leave 
to intervene set forth in this section, except that under 10 CFR 
2.309(h)(2) a State, local governmental body, or Federally-recognized 
Indian tribe, or agency thereof does not need to address the standing 
requirements in 10 CFR 2.309(d) if the facility is located within its 
boundaries. A State, local governmental body, Federally-recognized 
Indian tribe, or agency thereof may also have the opportunity to 
participate under 10 CFR 2.315(c).
    If a hearing is granted, any person who does not wish, or is not 
qualified, to become a party to the proceeding may, in the discretion 
of the presiding officer, be permitted to make a limited appearance 
pursuant to the provisions of 10 CFR 2.315(a). A person making a 
limited appearance may make an oral or written statement of position on 
the issues, but may not otherwise participate in the proceeding. A 
limited appearance may be made at any session of the hearing or at any 
prehearing conference, subject to the limits and conditions as may be 
imposed by the presiding officer. Persons desiring to make a limited 
appearance are requested to inform the Secretary of the Commission by 
May 12, 2015.

V. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, a petition for leave to intervene, any motion or 
other document filed in the proceeding prior to the submission of a 
request for hearing or petition to intervene, and documents filed by 
interested governmental entities participating under 10 CFR 2.315(c), 
must be filed in accordance with the NRC's E-Filing rule (72 FR 49139; 
August 28, 2007). The E-Filing process requires participants to submit 
and serve all adjudicatory documents over the internet, or in some 
cases to mail copies on electronic storage media. Participants may not 
submit paper copies of their filings unless they seek an exemption in 
accordance with the procedures described below.
    To comply with the procedural requirements of E-Filing, at least 
ten 10 days prior to the filing deadline, the participant should 
contact the Office of the Secretary by email at [email protected], 
or by telephone at 301-415-1677, to request: (1) A digital 
identification (ID) certificate, which allows the participant (or its 
counsel or representative) to digitally sign documents and access the 
E-

[[Page 13449]]

Submittal server for any proceeding in which it is participating; and 
(2) advise the Secretary that the participant will be submitting a 
request or petition for hearing (even in instances in which the 
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the 
Secretary will establish an electronic docket for the hearing in this 
proceeding if the Secretary has not already established an electronic 
docket.
    Information about applying for a digital ID certificate is 
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/getting-started.html. System requirements for accessing 
the E-Submittal server are detailed in the NRC's ``Guidance for 
Electronic Submission,'' which is available on the agency's public Web 
site at http://www.nrc.gov/site-help/e-submittals.html. Participants 
may attempt to use other software not listed on the Web site, but 
should note that the NRC's E-Filing system does not support unlisted 
software, and the NRC Meta System Help Desk will not be able to offer 
assistance in using unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's online, Web-based submission form. In order to 
serve documents through the Electronic Information Exchange System, 
users will be required to install a Web browser plug-in from the NRC's 
Web site. Further information on the Web-based submission form, 
including the installation of the Web browser plug-in, is available on 
the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant can then submit a request for 
hearing or petition for leave to intervene. Submissions should be in 
Portable Document Format (PDF) in accordance with NRC guidance 
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the 
documents are submitted through the NRC's E-Filing system. To be 
timely, an electronic filing must be submitted to the E-Filing system 
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of 
a transmission, the E-Filing system time-stamps the document and sends 
the submitter an email notice confirming receipt of the document. The 
E-Filing system also distributes an email notice that provides access 
to the document to the NRC's Office of the General Counsel and any 
others who have advised the Office of the Secretary that they wish to 
participate in the proceeding, so that the filer need not serve the 
documents on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before a hearing request/petition 
to intervene is filed so that they can obtain access to the document 
via the E-Filing system.
    A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System 
Help Desk through the ``Contact Us'' link located on the NRC's public 
Web site at http://www.nrc.gov/site-help/e-submittals.html, by email to 
[email protected], or by a toll-free call at 1-866-672-7640. The 
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m., 
Eastern Time, Monday through Friday, excluding government holidays.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted by: (1) First class mail 
addressed to the Office of the Secretary of the Commission, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemaking and Adjudications Staff; or (2) courier, express mail, or 
expedited delivery service to the Office of the Secretary, Sixteenth 
Floor, One White Flint North, 11555 Rockville Pike, Rockville, 
Maryland, 20852, Attention: Rulemaking and Adjudications Staff. 
Participants filing a document in this manner are responsible for 
serving the document on all other participants. Filing is considered 
complete by first-class mail as of the time of deposit in the mail, or 
by courier, express mail, or expedited delivery service upon depositing 
the document with the provider of the service. A presiding officer, 
having granted an exemption request from using E-Filing, may require a 
participant or party to use E-Filing if the presiding officer 
subsequently determines that the reason for granting the exemption from 
use of E-Filing no longer exists.
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket which is available to the public at 
http://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the 
Commission, or the presiding officer. Participants are requested not to 
include personal privacy information, such as social security numbers, 
home addresses, or home phone numbers in their filings, unless an NRC 
regulation or other law requires submission of such information. 
However, a request to intervene will require including information on 
local residence in order to demonstrate a proximity assertion of 
interest in the proceeding. With respect to copyrighted works, except 
for limited excerpts that serve the purpose of the adjudicatory filings 
and would constitute a Fair Use application, participants are requested 
not to include copyrighted materials in their submission.

    Dated at Arlington, Texas, this 27th day of February 2015.

    For the Nuclear Regulatory Commission.
Jack E. Whitten,
Chief, Nuclear Materials Safety Branch B, Division of Nuclear Materials 
Safety, Region IV Office.
[FR Doc. 2015-05803 Filed 3-12-15; 8:45 am]
BILLING CODE 7590-01-P