[Federal Register Volume 85, Number 245 (Monday, December 21, 2020)]
[Notices]
[Pages 83109-83111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28065]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 30-10716; NRC-2020-0214]


Sigma-Aldrich Company; Fort Mims Site

AGENCY: Nuclear Regulatory Commission.

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

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering 
issuance of an amendment to NRC Materials License No. 24-16273-01, 
issued to Sigma-Aldrich Company (the licensee), for possession of 
byproduct material incident to radiological survey, storage of waste 
awaiting disposal, and decontamination and remediation of the Fort Mims 
Site. The proposed amendment is to revise the decommissioning plan and 
terminate the license for the licensee's Fort Mims Site in Maryland 
Heights, Missouri.

DATES: Submit comments by January 20, 2021. Request for a hearing or 
petition for leave to intervene must be filed by February 19, 2021.

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); however, the NRC encourages electronic 
comment submission through the Federal Rulemaking website:
    <bullet> Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2020-0214. Address 
questions about docket IDs in Regulations.gov to Jennifer Borges; 
telephone: 301-287-9127; email: <a href="/cdn-cgi/l/email-protection#642e010a0a0d0201164a260b16030117240a16074a030b12"><span class="__cf_email__" data-cfemail="206a454e4e494645520e624f52474553604e52430e474f56">[email protected]</span></a>. For technical 
questions, contact the individual listed in the FOR FURTHER INFORMATION 
CONTACT section of this document.
    <bullet> Mail comments to: Office of Administration, Mail Stop: 
TWFN-7-A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, ATTN: Program Management, Announcements and Editing Staff.
    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: George Alexander, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington DC 20555-0001; telephone: 814-415-6755; email: 
<a href="/cdn-cgi/l/email-protection#2a6d4f45584d4f046b464f524b444e4f586a445849044d455c"><span class="__cf_email__" data-cfemail="6b2c0e04190c0e452a070e130a050f0e192b051908450c041d">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2020-0214 when contacting the NRC 
about the availability of information regarding this document. You may 
obtain publicly available information related to this action by any of 
the following methods:
    <bullet> Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2020-0214.
    <bullet> NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, 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 <a href="/cdn-cgi/l/email-protection#225246500c5047514d57504147624c50410c454d54"><span class="__cf_email__" data-cfemail="fa8a9e88d4889f89958f88999fba948899d49d958c">[email protected]</span></a>. The ADAMS accession number for each 
document referenced in this document (if that document is available in 
ADAMS) is provided the first time that a document is referenced. The 
license amendment requests to revise the decommissioning plan, dated 
August 22, 2019 and supplemented on October 19, 2020, and to terminate 
the license, dated April 27, 2020, are available in ADAMS under 
Accession Nos. ML19273A163, ML20294A191, and ML20120A544, respectively.
    <bullet> Attention: The PDR, where you may examine and order copies 
of public documents is currently closed. You may submit your request to 
the PDR via email at <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="92c2d6c0bcc0f7e1fde7e0f1f7d2fce0f1bcf5fde4">[email protected]</a> or call 1-800-397-4209 
between 8:00 a.m. and 4:00 p.m. (EST), Monday through Friday, except 
Federal holidays.

B. Submitting Comments

    The NRC encourages electronic comment submission through the 
Federal Rulemaking website (https://www.regulations.gov). Please 
include Docket ID NRC-2020-0214 in your comment submission.
    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 will post all comment submissions at 
https://www.regulations.gov as well as enter 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 into ADAMS.

II. Introduction

    The NRC received, by letters dated August 22, 2019, as supplemented 
on October 19, 2020, and April 27, 2020, an application to amend Sigma-
Aldrich's decommissioning plan and terminate NRC Materials License No. 
24-16273-01, respectively. In its revised decommissioning plan (ADAMS 
Accession No. ML19273A160), the licensee requests the option to perform 
direct dose assessment of residual radioactivity, in addition to using 
derived concentration guideline levels (DCGLs), to demonstrate 
compliance with the license termination criteria in section 20.1402 of 
title 10 of the Code of Federal Regulations (10 CFR), at the Fort Mims 
Site in Maryland Heights, Missouri. Under Sigma-Aldrich's license, the 
licensee shall conduct its decommissioning program in accordance with 
its decommissioning plan. This decommissioning plan, dated October 22, 
2008 (ADAMS Accession No. ML083010187), states that the licensee will 
rely on the screening values in Appendix H of NUREG-1757, Volume 2, 
Revision 1 (ADAMS Accession No. ML063000252) to demonstrate that the 
Fort Mims Site meets the release criteria for unrestricted use 
specified in 10 CFR 20.1402. By letter dated May 12, 2009

[[Page 83110]]

(ADAMS Accession No. ML091330309), the NRC approved Sigma-Aldrich's 
decommissioning plan, which does not include the use of a dose 
assessment approach to demonstrate compliance. The licensee's 
commitments in its current decommissioning plan include remediating all 
residual activity to levels below approved screening values. The NRC 
guidance in NUREG-1757, Volume 2, Revision 1 allows for the use of 
either the DCGL or dose assessment approach to demonstrate compliance 
with 10 CFR 20 1402. NRC staff is reviewing the license amendment 
requests to revise the decommissioning plan and terminate the license 
concurrently because, if the staff approves the revised decommissioning 
plan and determines that the site meets the radiological criteria for 
unrestricted use under 10 CFR 20.1402, the license can be terminated 
without additional site characterization or soil remediation.
    The NRC staff found the application for the license amendment 
acceptable for a technical review (ADAMS Accession No. ML20213C693). 
Prior to approving the licensee's requested actions to amend the 
decommissioning plan and terminate Materials License No. 24-16273-01, 
the NRC will need to make the safety and environmental 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 and an environmental assessment. The 
environmental assessment will be the subject of a subsequent notice in 
the Federal Register.

III. Opportunity To Request a Hearing and Petition for Leave To 
Intervene

    Within 60 days after the date of publication of this notice, any 
persons (petitioner) whose interest may be affected by this action may 
file a request for a hearing and petition for leave to intervene 
(petition) with respect to the action. Petitions shall be filed in 
accordance with the Commission's ``Agency Rules of Practice and 
Procedure'' in 10 CFR part 2. Interested persons should consult a 
current copy of 10 CFR 2.309. The NRC's regulations are accessible 
electronically from the NRC Library on the NRC's website at https://www.nrc.gov/reading-rm/doc-collections/cfr/. If a petition is filed, 
the Commission or a presiding officer will rule on the petition and, if 
appropriate, a notice of a hearing will be issued.
    As required by 10 CFR 2.309(d) the petition should specifically 
explain the reasons why intervention should be permitted with 
particular reference to the following general requirements for 
standing: (1) The name, address, and telephone number of the 
petitioner; (2) the nature of the petitioner's right to be made a party 
to the proceeding; (3) the nature and extent of the 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 petitioner's interest.
    In accordance with 10 CFR 2.309(f), the petition must also set 
forth the specific contentions which the petitioner seeks to have 
litigated in 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 petitioner must provide a brief explanation of the bases 
for the contention and a concise statement of the alleged facts or 
expert opinion which support the contention and on which the petitioner 
intends to rely in proving the contention at the hearing. The 
petitioner must also provide references to the specific sources and 
documents on which the petitioner intends to rely to support its 
position on the issue. The petition must include sufficient information 
to show that a genuine dispute exists with the applicant or licensee on 
a material issue of law or fact. Contentions must be limited to matters 
within the scope of the proceeding. The contention must be one which, 
if proven, would entitle the petitioner to relief. A petitioner who 
fails to satisfy the requirements at 10 CFR 2.309(f) 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. 
Parties have the opportunity to participate fully in the conduct of the 
hearing with respect to resolution of that party's admitted 
contentions, including the opportunity to present evidence, consistent 
with the NRC's regulations, policies, and procedures.
    Petitions must be filed no later than 60 days from the date of 
publication of this notice. Petitions and motions for leave to file new 
or amended contentions that are filed after the 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) through (iii). The petition must be filed in 
accordance with the filing instructions in the ``Electronic Submissions 
(E-Filing)'' section of this document.
    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 no later 
than 60 days from the date of publication of this notice. The petition 
must be filed in accordance with the filing instructions in the 
``Electronic Submissions (E-Filing)'' section of this document, and 
should meet the requirements for petitions set forth in this section. 
Alternatively, a State, local governmental body, Federally recognized 
Indian Tribe, or agency thereof may participate as a non-party under 10 
CFR 2.315(c).
    If a petition is submitted, any person who is not a party to the 
proceeding and is not affiliated with or represented by a party may, at 
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 
his or her 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. Details 
regarding the opportunity to make a limited appearance will be provided 
by the presiding officer if such sessions are scheduled.

IV. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing and petition for leave to intervene (petition), 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 that request to 
participate under 10 CFR 2.315(c), must be filed in accordance with the 
NRC's E-Filing rule (72 FR 49139; August 28, 2007, as amended at 77 FR 
46562; August 3, 2012). 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. Detailed 
guidance on making electronic submissions may be found in the Guidance 
for Electronic Submissions to the NRC and on the NRC website at https://www.nrc.gov/site-help/e-submittals.html. 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 10 
days prior to the filing deadline, the

[[Page 83111]]

participant should contact the Office of the Secretary by email at 
<a href="/cdn-cgi/l/email-protection#19717c786b70777e377d767a727c6d59776b7a377e766f"><span class="__cf_email__" data-cfemail="2149444053484f460f454e424a4455614f53420f464e57">[email protected]</span></a>, or by telephone at 301-415-1677, to (1) request 
a digital identification (ID) certificate, which allows the participant 
(or its counsel or representative) to digitally sign submissions and 
access the E-Filing system for any proceeding in which it is 
participating; and (2) advise the Secretary that the participant will 
be submitting a petition or other adjudicatory document (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 website at https://www.nrc.gov/site-help/e-submittals/getting-started.html. Once a participant has obtained a 
digital ID certificate and a docket has been created, the participant 
can then submit adjudicatory documents. Submissions must be in Portable 
Document Format (PDF). Additional guidance on PDF submissions is 
available on the NRC's public website at https://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the 
time the document is 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 
document on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before adjudicatory documents are 
filed so that they can obtain access to the documents via the E-Filing 
system.
    A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic 
Filing Help Desk through the ``Contact Us'' link located on the NRC's 
public website at https://www.nrc.gov/site-help/e-submittals.html, by 
email to <a href="/cdn-cgi/l/email-protection#58150b101c760a3d2b372d2a3b3d18362a3b763f372e"><span class="__cf_email__" data-cfemail="5b1608131f75093e28342e29383e1b352938753c342d">[email protected]</span></a>, or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m. 
and 6 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 
stating why there is good cause for not filing electronically and 
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, 11555 
Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and 
Adjudications Staff. Participants filing adjudicatory documents 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 
https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the 
Commission or the presiding officer. If you do not have an NRC-issued 
digital ID certificate as described above, click ``cancel'' when the 
link requests certificates and you will be automatically directed to 
the NRC's electronic hearing dockets where you will be able to access 
any publicly available documents in a particular hearing docket. 
Participants are requested not to include personal privacy information, 
such as social security numbers, home addresses, or personal phone 
numbers in their filings, unless an NRC regulation or other law 
requires submission of such information. For example, in some 
instances, individuals provide home addresses in order to demonstrate 
proximity to a facility or site. 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.
    For further details with respect to this action, see the 
application for license amendment to revise the decommissioning plan, 
dated August 22, 2019 and supplemented on October 19, 2020, and to 
terminate the license, dated April 27, 2020.
    Attorney for licensee: Leigh Davidson, Corporate Counsel, 
Milliporesigma (Sigma Aldrich MFG), 3050 Spruce Street, St. Louis, MO 
63103.
    NRC Branch Chief: Bill Von Till.

    Dated: December 16, 2020.

    For the Nuclear Regulatory Commission.
Randolph W. Von Till,
Chief, Uranium Recovery and Materials Decommissioning Branch, Division 
of Decommissioning, Uranium Recovery and Waste Programs, Office of 
Nuclear Material Safety and Safeguards.
[FR Doc. 2020-28065 Filed 12-18-20; 8:45 am]
BILLING CODE 7590-01-P


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