81 FR 8256 - Mallinckrodt, LLC
NUCLEAR REGULATORY COMMISSION Federal Register Volume 81, Issue 32 (February 18, 2016)
Federal Register Volume 81, Issue 32 (February 18, 2016)
| Page Range | 8256-8258 | |
| FR Document | 2016-03419 |
[Federal Register Volume 81, Number 32 (Thursday, February 18, 2016)] [Notices] [Pages 8256-8258] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-03419] ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [Docket No. No. 40-6563; NRC-2016-0032] Mallinckrodt, LLC AGENCY: Nuclear Regulatory Commission. ACTION: License termination; issuance. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is providing public notice of the termination of Source Materials License No. STB- 401. The NRC has terminated the license of the decommissioned Mallinckrodt facility in St. Louis, Missouri and has approved the site for unrestricted release. DATES: Notice of termination of Source Materials License No. STB-401 issued on February 18, 2016. ADDRESSES: Please refer to Docket ID NRC-2016-0032 when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this document using any of the following methods:Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0032. 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. 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 ADAMS accession number for each document referenced (if that document is available in ADAMS) is provided the first time that a document is referenced. 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. [[Page 8257]] FOR FURTHER INFORMATION CONTACT: Karen Pinkston, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; telephone: 301-415-3650, email: [email protected]. SUPPLEMENTARY INFORMATION: The NRC has terminated License No. STB-401, held by Mallinckrodt LLC (Mallinckrodt), for a site in St. Louis, Missouri and has approved the site for unrestricted release. In 1961, Mallinckrodt received License No. STB-401 to extract columbium and tantalum from natural ores and tin slags. In July 1993, the NRC amended Mallinckrodt's license to a possession only license for the purpose of decommissioning and license termination. The contamination at the site was due to licensed activities consisted of natural uranium, natural thorium, and their associated progeny. The Mallinckrodt site is a 43 acre site subdivided into ten areas called Plants. The former Columbium-Tantalum (C-T) process areas included 21 support buildings on approximately 4.2 acres, primarily located within Plant 5, but also in portions of Plants 1, 3, 6, 7, and 8. In addition to the C-T activities conducted under License No. STB- 401, the Mallinckrodt site was previously used for Manhattan Engineer District/Atomic Energy Commission (MED/AEC) activities. The U.S. Army Corps of Engineers (USACE) is responsible for remediating these portions of the site under the Formerly Utilized Sites Remedial Action Program (FUSRAP). Mallinckrodt decommissioned the C-T project areas of the site in two phases. In Phase I, Mallinckrodt decommissioned the buildings and equipment to the extent necessary to meet the NRC's guidelines for unrestricted release in Sec. 20.1402 of title 10 of the Code of Federal Regulations (10 CFR). Phase I of the decommissioning project was completed in February 2007 (ADAMS Accession No. ML070530675). Following Phase I decommissioning, the C-T areas remaining for remediation were limited to the soil, pavement, and sewers in Plant 5, as well as portions of Plant 6 and 7. Mallinckrodt's Phase II Decommissioning Plan (DP) (ADAMS Accession Nos. ML083150652 and ML101620140) described Mallinckrodt's plan for decommissioning the remainder of the C-T project areas to meet the criteria for unrestricted release, though the remediation of portions of Plants 6 and 7 was not included in the DP and was addressed separately, as is described below. The NRC approved Mallinckrodt's Phase II DP on July 1, 2010 (ADAMS Accession No. ML091960063). Plants 6 and 7 contained residual contamination from both licensed activities and MED/AEC activities. The MED/AEC activities in Plants 6 and 7 resulted in contamination in buildings and soil in these plants. Additionally, in Plant 6, approximately 300 cubic yards of unreacted ore (URO) generated as part of the C-T process was buried in 10 trenches in 1972 and 1973. Plant 7 contained sewers, a grit chamber, and two wastewater neutralization basins that were used to support C-T operations. Mallinckrodt and the USACE entered into two agreements to delineate remediation responsibilities in Plants 6 and 7. Mallinckrodt's responsibilities included the removal of the buried URO in Plant 6 and the removal of the grit chamber in Plant 7. On February 9, 2015, USACE provided Mallinckrodt with a letter acknowledging that Mallinckrodt had completed the removal of the URO and grit chambers and stating that the USACE was proceeding with remediation of these areas under FUSRAP (ADAMS Accession No. ML15090A705). Mallinckrodt's Phase II DP requested that the NRC terminate its license in accordance with 10 CFR 20.1402 without accounting for MED/ AEC contamination in demonstrating compliance with the dose limits in Sec. 20.1402. In its approval of the Phase II DP, the NRC exempted the MED/AEC material from consideration in demonstrating compliance with license termination requirements (ADAMS Accession No. ML091960087). The basis for granting the exemption was: (1) Mallinckrodt will meet 25 mrem/year unrestricted release criteria for C-T process areas; and (2) unlicensed MED/AEC material is being remediated to the NRC's unrestricted release standards of 25 mrem/year by USACE. The dose from the residual radioactivity at the site is primarily from the direct radiation pathway, therefore the NRC concluded that an individual would not simultaneously receive a dose from both areas. The staff, therefore, concluded that it is reasonable to terminate License STB-401 after Mallinckrodt completes decommissioning activities in the C-T process areas and demonstrates that the C-T process areas at the site meet the NRC's unrestricted release criteria. This finding is based in part on USACE's commitment to remediate the site under FUSRAP. At the time, Mallinckrodt and USACE had reached an agreement regarding delineation of responsibility for remediating Plant 6, but had not yet agreed on the delineation of responsibility for Plant 7. Therefore, the exemption was conditioned on Mallinckrodt and USACE reaching a delineation agreement for Plant 7 before decommissioning was complete. Mallinckrodt and USACE entered into a delineation agreement for Plant 7 on October 31, 2014 (cover letter available at ADAMS Accession No. ML15041A076). Mallinckrodt performed remediation of the C-T project areas based on their Phase II DP, conducted a Final Status Survey (FSS) and provided the NRC with a Final Status Survey Report (FSSR) documenting the residual radioactivity remaining on site for which Mallinckrodt was responsible (ADAMS Accession No. ML14177A180). Mallinckrodt subsequently provided additional information in response to the NRC's requests for additional information (ADAMS Accession Nos. ML14339A278, ML15177A051, and ML15334A417). On February 12, 2015, Mallinckrodt submitted a license amendment application requesting the use of the dose assessment approach, as well as the derived concentration guideline level (DCGL) approach (ADAMS Accession No. ML15063A404). The NRC approved this license amendment request on February 4, 2016 (ADAMS Accession No. ML15286A174). The NRC has now completed its review of the FSSR and associated documents according to NUREG-1757, ``Consolidated Decommissioning Guidance,'' and guidance in the Multi-Agency Radiation Survey and Site Investigation Manual (MARSSIM) (NUREG 1575). The NRC staff has concluded that the FSS design and data collected were adequate to characterize the residual radioactivity in the portions of the Mallinckrodt site where NRC regulated activities took place. The NRC staff also concluded that the data analysis and dose assessments performed are appropriate and that the projected dose from residual radioactivity in these areas is less than the 25 mrem/year dose criterion in 10 CFR 20.1402. For these reasons, the NRC staff has determined that Mallinckrodt has demonstrated that the site will meets the radiological criteria for license termination described in 10 CFR part 20 subpart E and the exemption granted by the NRC in its approval of the Phase II DP. Therefore, Source Materials License No. STB-401 has been terminated. Dated at Rockville, Maryland, this 9th day of February 2016. [[Page 8258]] For the Nuclear Regulatory Commission. Michael A. Norato, Chief, Materials Decommissioning Branch Division of Decommissioning, Uranium Recovery, and Waste Programs, Office of Nuclear Material Safety and Safeguards. [FR Doc. 2016-03419 Filed 2-17-16; 8:45 am] BILLING CODE 7590-01-P
![8256 Federal Register / Vol. 81, No. 32 / Thursday, February 18, 2016 / Notices
electronic copy of each presentation Tuesday, March 1, 2016—8:30 a.m. Dated: February 4, 2016.
should be emailed to the DFO one day Until 2:00 p.m. Mark L. Banks,
before the meeting. If an electronic copy Chief, Technical Support Branch, Advisory
cannot be provided within this The Subcommittee will discuss the Committee on Reactor Safeguards.
timeframe, presenters should provide progress of the NRC staff’s Level 3 [FR Doc. 2016–03369 Filed 2–17–16; 8:45 am]
the DFO with a CD containing each Probabilistic Risk Assessment (PRA) BILLING CODE 7590–01–P
presentation at least thirty minutes Project. The Subcommittee will hear
before the meeting. Electronic presentations by and hold discussions
recordings will be permitted only with the NRC staff and other interested NUCLEAR REGULATORY
during those portions of the meeting persons regarding this matter. The COMMISSION
that are open to the public. Detailed Subcommittee will gather information,
[Docket No. No. 40–6563; NRC–2016–0032]
procedures for the conduct of and analyze relevant issues and facts, and
participation in ACRS meetings were formulate proposed positions and Mallinckrodt, LLC
published in the Federal Register on actions, as appropriate, for deliberation
October 21, 2015 (80 FR 63846). by the Full Committee. AGENCY: Nuclear Regulatory
Detailed meeting agendas and meeting Commission.
Members of the public desiring to
transcripts are available on the NRC ACTION: License termination; issuance.
provide oral statements and/or written
Web site at http://www.nrc.gov/reading- comments should notify the Designated SUMMARY: The U.S. Nuclear Regulatory
rm/doc-collections/acrs. Information Federal Official (DFO), John Lai Commission (NRC) is providing public
regarding topics to be discussed, (Telephone 301–415–5197 or Email: notice of the termination of Source
changes to the agenda, whether the John.Lai@nrc.gov) five days prior to the Materials License No. STB–401. The
meeting has been canceled or meeting, if possible, so that appropriate NRC has terminated the license of the
rescheduled, and the time allotted to arrangements can be made. Thirty-five decommissioned Mallinckrodt facility
present oral statements can be obtained hard copies of each presentation or in St. Louis, Missouri and has approved
from the Web site cited above or by handout should be provided to the DFO the site for unrestricted release.
contacting the identified DFO. thirty minutes before the meeting. In DATES: Notice of termination of Source
Moreover, in view of the possibility that addition, one electronic copy of each Materials License No. STB–401 issued
the schedule for ACRS meetings may be presentation should be emailed to the on February 18, 2016.
adjusted by the Chairman as necessary DFO one day before the meeting. If an ADDRESSES: Please refer to Docket ID
to facilitate the conduct of the meeting, electronic copy cannot be provided
persons planning to attend should check NRC–2016–0032 when contacting the
within this timeframe, presenters NRC about the availability of
with these references if such should provide the DFO with a CD information regarding this document.
rescheduling would result in a major containing each presentation at least You may obtain publicly-available
inconvenience. thirty minutes before the meeting. information related to this document
If attending this meeting, please enter Electronic recordings will be permitted using any of the following methods:
through the One White Flint North only during those portions of the • Federal Rulemaking Web site: Go to
building, 11555 Rockville Pike, meeting that are open to the public. http://www.regulations.gov and search
Rockville, MD. After registering with Detailed procedures for the conduct of for Docket ID NRC–2016–0032. Address
security, please contact Mr. Theron and participation in ACRS meetings questions about NRC dockets to Carol
Brown (Telephone 240–888–9835) to be were published in the Federal Register Gallagher; telephone: 301–415–3463;
escorted to the meeting room. on October 1, 2015 (80 FR 63846). email: Carol.Gallagher@nrc.gov. For
Dated: February 4, 2016. technical questions, contact the
Detailed meeting agendas and meeting
Mark L. Banks, transcripts are available on the NRC individual listed in the FOR FURTHER
Chief, Technical Support Branch, Advisory INFORMATION CONTACT section of this
Web site at http://www.nrc.gov/reading-
Committee on Reactor Safeguards. rm/doc-collections/acrs. Information document.
[FR Doc. 2016–03371 Filed 2–17–16; 8:45 am] • NRC’s Agencywide Documents
regarding topics to be discussed,
Access and Management System
BILLING CODE 7590–01–P changes to the agenda, whether the
(ADAMS): You may obtain publicly-
meeting has been canceled or
available documents online in the
rescheduled, and the time allotted to
NUCLEAR REGULATORY ADAMS Public Documents collection at
present oral statements can be obtained
COMMISSION http://www.nrc.gov/reading-rm/
from the Web site cited above or by
adams.html. To begin the search, select
Advisory Committee on Reactor contacting the identified DFO.
‘‘ADAMS Public Documents’’ and then
Safeguards (ACRS); Meeting of the Moreover, in view of the possibility that select ‘‘Begin Web-based ADAMS
ACRS Subcommittee on Reliability and the schedule for ACRS meetings may be Search.’’ For problems with ADAMS,
PRA adjusted by the Chairman as necessary please contact the NRC’s Public
to facilitate the conduct of the meeting, Document Room (PDR) reference staff at
Notice of Meeting persons planning to attend should check 1–800–397–4209, 301–415–4737, or by
The ACRS Subcommittee on with these references if such email to pdr.resource@nrc.gov. The
Reliability and PRA will hold a meeting rescheduling would result in a major ADAMS accession number for each
inconvenience.
mstockstill on DSK4VPTVN1PROD with NOTICES
on March 1, 2016, Room T–2B1, 11545 document referenced (if that document
Rockville Pike, Rockville, Maryland. If attending this meeting, please enter is available in ADAMS) is provided the
The meeting will be open to public through the One White Flint North first time that a document is referenced.
attendance with the exception of building, 11555 Rockville Pike, • NRC’s PDR: You may examine and
portions that may be closed to protect Rockville, Maryland. After registering purchase copies of public documents at
information that is proprietary pursuant with security, please contact Mr. Theron the NRC’s PDR, Room O1–F21, One
to 5 U.S.C. 552b(c)(4). The agenda for Brown (Telephone 240–888–9835) to be White Flint North, 11555 Rockville
the subject meeting shall be as follows: escorted to the meeting room. Pike, Rockville, Maryland 20852.
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![8258 Federal Register / Vol. 81, No. 32 / Thursday, February 18, 2016 / Notices
For the Nuclear Regulatory Commission. introductory argument, and the NRC Document Room please see http://www.
Michael A. Norato, Staff and the Licensee shall each have nrc.gov/reading-rm/pdr.html.
Chief, Materials Decommissioning Branch 10 minutes as well. The Petitioner may It is so ordered.
Division of Decommissioning, Uranium reserve up to 5 minutes of its allotted Rockville, Maryland February 10, 2016.
Recovery, and Waste Programs, Office of time for rebuttal. No other rebuttal will For The Atomic Safety and Licensing
Nuclear Material Safety and Safeguards. be permitted. Board.
[FR Doc. 2016–03419 Filed 2–17–16; 8:45 am] In general, the participants should not Ronald M. Spritzer,
BILLING CODE 7590–01–P repeat arguments already presented in Chairman, Administrative Judge.
their written filings, but should focus on [FR Doc. 2016–03372 Filed 2–17–16; 8:45 am]
responding to the Board’s questions.
NUCLEAR REGULATORY The argument is not an evidentiary
BILLING CODE 7590–01–P
COMMISSION hearing, and the participants therefore
[Docket Nos. 52–025 and 52–026; ASLBP should not attempt to introduce NUCLEAR REGULATORY
No. 16–944–01–LA–BD01] evidence during the argument. The COMMISSION
participants should advise the Board
Atomic Safety and Licensing Board; and the other participants no later than [Docket Nos. 50–309, and 72–1015; NRC–
Before Administrative Judges: Ronald March 8, 2016 if they plan to refer to 2016–0028]
M. Spritzer, Chairman; Nicholas G. any type of visual aid during the
Trikouros; Dr. James F. Jackson; in Independent Spent Fuel Storage
argument. No material that is not
the Matter of Southern Nuclear Installation, Maine Yankee Atomic
already cited in the record before the
Operating Company, Inc.; (Vogtle Power Company
Board should be used as a visual aid.
Electric Generating Plant, Units 3 and AGENCY: Nuclear Regulatory
4) Public Attendance
Commission.
February 10, 2016.
The public is welcome to attend the ACTION: Exemption; issuance.
argument, but space is limited within
Order the courtroom. Additionally, only the SUMMARY: The U.S. Nuclear Regulatory
parties’ designated representatives will Commission (NRC) is issuing an
(Scheduling Oral Argument)
be permitted to participate in the exemption in response to a September 1,
Before the Board is a petition to argument. Neither signs nor any manner 2015, request from Maine Yankee
intervene and request for a hearing, filed of demonstration will be permitted in Atomic Power Company, (MYAPC or
by Blue Ridge Environmental Defense the courtroom. Those people wishing to licensee) from the requirement to
League and its chapter Concerned attend the oral argument in person comply with the terms, conditions, and
Citizens of Shell Bluff (collectively should contact the Board’s law clerk, specifications regarding the method of
Petitioner).1 Oral argument on Cooper Strickland, at 301–415–5880 or compliance defined in Amendment 5 of
contention admissibility will be held on Cooper.Strickland@nrc.gov, no later the NAC International (NAC)-UMS
Tuesday, March 15, 2016, beginning at than Wednesday, March 9, 2016 to System Certificate of Compliance (CoC)
10:00 a.m. EDT. This argument will take provide their names for security No. 1015, Appendix A ‘‘Technical
place at the U.S. Bankruptcy Court, purposes. All persons participating in Specifications for NAC–UMS System’’,
Federal Justice Center, Plaza Building, person must present a valid photo ID Technical Specifications (TS) A.5.4
600 James Brown Boulevard (formerly and should arrive at least fifteen ‘‘Surveillance After an Off-Normal,
9th Street), Augusta, GA 30901. minutes early so as to allow sufficient Accident, or Natural Phenomena Event’’
Instructions time to pass through security screening. at the Maine Yankee (MY) Independent
Furthermore, cell phones are not Spent Fuel Storage Installation (ISFSI).
On or before Friday, March 11, 2016, permitted in the Federal Justice Center. The exemption request seeks a
the Petitioner, the Licensee, and the modification of TS A.5.4 inspection
NRC Staff must each provide the names Transcript Availability requirements for the inlet and outlet
of their representatives by email to the Sometime after March 15, 2016, a vents following off-normal, accident,
Board and the service list. Only transcript of the oral argument will be and natural phenomena events.
designated representatives will be available for public inspection ADDRESSES: Please refer to Docket ID
permitted to present oral argument. electronically on the NRC’s Electronic NRC–2016–0028 when contacting the
Each counsel or other representative for Hearing Docket (EHD). EHD is NRC about the availability of
each participant in this proceeding who accessible from the NRC Web site at information regarding this document.
has not already done so must file and https://adams.nrc.gov/ehd. For You may obtain publicly-available
serve a notice of appearance on or additional information regarding the information related to this document
before March 11, 2016, containing all of EHD please see http://www.nrc.gov/ using any of the following methods:
the information required by 10 CFR about-nrc/regulatory/adjudicatory. • Federal Rulemaking Web site: Go to
§ 2.314(b). html#ehd. Persons who do not have http://www.regulations.gov and search
The primary purpose of this oral access to the internet or who encounter for Docket ID NRC–2016–0028. Address
argument is for the Board to ask problems in accessing the documents questions about NRC dockets to Carol
questions and receive answers located on the NRC’s Web site may Gallagher; telephone: 301–415–3463;
concerning contention admissibility
mstockstill on DSK4VPTVN1PROD with NOTICES
contact the NRC Public Document Room email: Carol.Gallagher@nrc.gov. For
issues presented by the pleadings. As to reference staff by email to pdr@nrc.gov technical questions, contact the
each contention, the Petitioner shall or by telephone at (800) 397–4209 or individual listed in the FOR FURTHER
have 15 minutes to present an (301) 415–4737. Reference staff are INFORMATION CONTACT section of this
1 Amended Petition for Leave to Intervene and
available Monday through Friday document.
Request for Hearing by the Blue Ridge
between 8:00 a.m. and 4:00 p.m. ET, • NRC’s Agencywide Documents
Environmental Defense League and its Chapter except federal holidays. For additional Access and Management System
Concerned Citizens of Shell Bluff (Dec. 23, 2015). information regarding the NRC Public (ADAMS): You may obtain publicly
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Document Created: 2016-02-18 07:46:35
Document Modified: 2016-02-18 07:46:35
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | License termination; issuance. | |
| Dates | Notice of termination of Source Materials License No. STB-401 issued on February 18, 2016. | |
| Contact | Karen Pinkston, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; telephone: 301-415-3650, email: [email protected] | |
| FR Citation | 81 FR 8256 |
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