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###### Nuclear Regulatory Commission

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

# AGENCY:

Nuclear Regulatory Commission.

# ACTION:

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

# 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:
      -  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:                          Jennifer.Borges@nrc.gov.                          For technical questions, contact the individual listed in the                          FOR FURTHER INFORMATION CONTACT                          section of this document.                    
      -  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:                         *George.Alexander@nrc.gov.*

# 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:
    -  Federal Rulemaking website:                      Go to                      https://www.regulations.gov                      and search for Docket ID NRC-2020-0214.                
    -  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                      pdr.resource@nrc.gov.                      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.                
    -  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                      PDR.Resource@nrc.gov                      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                           ( print 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                           ( print page 83111)                        participant should contact the Office of the Secretary by email at                     *hearing.docket@nrc.gov,*                     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                     *MSHD.Resource@nrc.gov,*                     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