18270 Federal Register / Vol. 77, No. 59 / Tuesday, March 27, 2012 / Notices 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 040–06264 (Terminated); NRC– 

2012–0077] 

Acceptance Decision for the 

Unrestricted Use of the Former 

Michigan Chemical Company— 

Breckenridge Disposal Site 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of acceptability. 

FOR FURTHER INFORMATION CONTACT: 

Eugenio (Gene) A. Bonano, Project 

Manager, MCID Branch, Division of 

Nuclear Materials Safety, Region III, 

U.S. Nuclear Regulatory Commission, 

Lisle, Illinois 60532–4352; telephone: 

1–(630) 829–9826; fax number: 1–(630) 

515–1259; email: 

eugenio.bonano@nrc.gov. 

SUPPLEMENTARY INFORMATION: The U.S. 

Nuclear Regulatory Commission (NRC) 

is noticing the acceptability for 

unrestricted use of the Former Michigan 

Chemical Company (MCC), 

Breckenridge Disposal Site (BDS) (also 

known as NWI Breckenridge) near 

Breckenridge, Michigan. This site 

operated under the authority of U.S. 

Atomic Energy Commission (AEC) 

license number SMB–00833, which was 

terminated in 1971. 

I. Introduction 

The MCC, a subsidiary of Velsicol 

Corporation, operated a rare-earth 

metals processing plant from 1967 

through 1970 in St. Louis, Michigan. 

The plant manufactured an array of 

chemical products; the products 

manufactured were fire retardant 

materials, insecticides, animal food 

supplements, and rare earth oxides. 

The manufacture of rare-earth oxides 

at the St. Louis plant generated a dense, 

clay-like waste known as ‘‘filter cake,’’ 

which contained elevated levels of 

uranium and thorium, two naturallyoccurring radioactive materials. The 

radioactive filter cake was buried at the 

BDS. 

Burial of the filter cake at the BDS 

was permitted under AEC license 

number SMB–00833 and regulations in 

effect at the time. After the filter cake 

was buried, the AEC terminated the 

license in 1971, concluding that the 

BDS was suitable for unrestricted use. 

Several years after the license was 

terminated, residual radioactive 

contamination above NRC limits was 

found at the BDS. The NRC contacted 

the site owner to determine how it 

planned to remediate the problem. 

On April 14, 1999, the NRC issued a 

letter to NWI Land Management (NWI), 

then-owner of the BDS, directing NWI to 

clean up the site under the regulatory 

framework of Title 10 of the Code of 

Federal Regulations (10 CFR) part 20, 

Subpart E, ‘‘Radiological Criteria for 

License Termination.’’ Action on the 

NRC’s request was delayed when NWI 

and its parent company, Fruit of the 

Loom, declared bankruptcy in 1999; a 

bankruptcy settlement was reached 

between the United States government 

and Fruit of the Loom in 2002. 

As part of the bankruptcy settlement, 

Fruit of the Loom and NWI gave title to 

the BDS to a Custodial Trust, which was 

established to remediate the BDS using 

the framework set forth in 10 CFR part 

20, Subpart E. Under the terms of the 

settlement, the Custodial Trust was not 

subject to NRC licensing or enforcement 

authority, but would consult with NRC 

in its development and application of a 

remediation plan for the BDS. The 

NRC’s role in the remediation has been 

to provide technical assistance to the 

Custodial Trust and independent 

verification of site remediation. 

II. Summary 

The Custodial Trust hired a contractor 

to complete remediation of the BDS. 

Through its contractor, the Custodial 

Trust completed remediation and final 

status surveys (FSS) of the BDS in 

September 2011, and in October 2011, 

submitted a final status survey report 

(FSSR) to the NRC for its review and 

approval. 

Prior to receiving the FSSR, the NRC 

had conducted 25 inspections of the 

contractor’s decommissioning activities 

between May 2010 and September 2011. 

Specifically, the NRC inspections were 

performed to ensure compliance with 

the contractor’s NRC-approved remedial 

work plans (RWP) and NRC safety 

regulations. The inspectors also 

performed independent confirmatory 

radiological surveys of site survey units 

as defined in the contractor’s RWP 

(ML110590136) and FSS plans 

(ML11279A019). 

On January 3, 2012, the NRC 

completed its review of the contractor’s 

final status survey report (FSSR) for the 

BDS, which is available for public 

review in the NRC’s Agencywide 

Documents Access and Management 

System (ADAMS) using the Accession 

Number ML12004A051. The NRC staff’s 

review confirmed that the FSSR was 

adequate to demonstrate compliance 

with the radiological criteria for 

unrestricted use per 10 CFR part 20 

Appendix E for the BDS. The FSS 

results demonstrated that each survey 

unit met the radiological criteria for 

unrestricted use. Radiological surveys 

and soil sampling data were consistent 

with the data quality objectives as 

described in the FSSR, work plans, and 

the NRC’s NUREG–1757, ‘‘Consolidated 

Decommissioning Guidance— 

Characterization, Survey, and 

Determination of Radiological Criteria,’’ 

and NUREG–1575, ‘‘Multi-Agency 

Radiation Survey and Site Investigation 

Manual (MARSSIM).’’ 

Residual radioactivity at the BDS is 

below the regulatory dose limit to an 

average member of a critical group and 

does not exceed 25 mrem per year as 

specified in 10 CFR 20.1402, 

‘‘Radiological Criteria for Unrestricted 

Use;’’ there is reasonable assurance that 

the health and safety of the public will 

not be endangered by the unrestricted 

use of the BDS. 

III. Conclusion 

Based on the NRC’s 25 onsite 

inspections, the NRC’s independent and 

confirmatory surveys, and the NRC 

staff’s review of the FSSR for the BDS, 

the NRC concluded that the BDS 

radiological status was consistent with 

the provisions of 10 CFR part 20, 

‘‘Standards for Protection against 

Radiation,’’ 10 CFR 20.1402, 

‘‘Radiological Criteria for Unrestricted 

Use;’’ therefore, the site can be released 

for unrestricted use. The NRC 

involvement with this site is now 

considered ended, and no further 

actions regarding this project are 

planned unless new information is 

identified that would alter the NRC’s 

conclusion. The NRC staff documented 

its review of the remediation activities, 

FSSs, and the FSSR in a Safety 

Evaluation Report (SER) 

(ML12052A066). 

IV. Further Information 

Documents related to this action, 

including the FSSR, NRC Inspection 

Reports, SER and supporting 

documentation, are available online in 

the NRC Library at http://www.nrc.gov/ 

reading-rm/adams.html. From this site, 

you can access ADAMS, which provides 

text and image files of the NRC’s public 

documents. The ADAMS accession 

numbers for the documents related to 

this notice are listed as an attachment at 

the end of the SER (ML12052A066). If 

you do not have access to ADAMS or if 

there are problems in accessing the 

documents located in ADAMS, 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. 

These documents may also be viewed 

electronically on the public computers 

located at the NRC’s PDR, Room O1– 

F21, One White Flint North, 11555 

Rockville Pike, Rockville, Maryland 

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Federal Register / Vol. 77, No. 59 / Tuesday, March 27, 2012 / Notices 18271 

20852. The PDR reproduction contractor 

will copy documents for a fee. 

Dated at Lisle, Illinois this 20th day of 

March, 2012. 

For the Nuclear Regulatory Commission. 

Aaron T. McCraw, 

Acting Chief, Materials Control, ISFSI, and 

Decommissioning Branch, Division of Nuclear 

Materials Safety, Region III. 

[FR Doc. 2012–7314 Filed 3–26–12; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2012–0002] 

Notice of Sunshine Act Meeting 

DATE: Weeks of March 26, April 2, 9, 16, 

23, 30, 2012. 

PLACE: Commissioners’ Conference 

Room, 11555 Rockville Pike, Rockville, 

Maryland. 

STATUS: Public and Closed. 

Week of March 26, 2012 

Tuesday, March 27, 2012 

8:55 a.m. Affirmation Session (Public 

Meeting) (Tentative) 

a. FirstEnergy Nuclear Operating Co. 

(Davis-Besse Nuclear Power Station, 

Unit 1), Appeal of LBP–11–13 (Apr. 

26, 2011), Docket No. 50–346–LR 

(Tentative). 

This meeting will be webcast live at 

the Web address—www.nrc.gov. 

9 a.m. Briefing on License Renewal for 

Research and Test Reactors, (Public 

Meeting), (Contact: Jessie 

Quichocho, 301–415–0209). 

This meeting will be webcast live at 

the Web address—www.nrc.gov. 

Week of April 2, 2012—Tentative 

Tuesday April 3, 2012 

9:30 a.m. Meeting with Organization of 

Agreement States (OAS) and 

Conference of Radiation Control 

Program Directors (CRCPD), (Public 

Meeting), (Contact: Cindy Flannery, 

301–415–0223). 

This meeting will be webcast live at 

the Web address—www.nrc.gov. 

Week of April 9, 2012—Tentative 

Tuesday, April 10, 2012 

9 a.m. Briefing on the Final Report of 

the Blue Ribbon Commission on 

America’s Nuclear Future (Public 

Meeting), (Contact: Alicia Mullins, 

301–492–3351). 

This meeting will be webcast live at 

the Web address—www.nrc.gov. 

Week of April 16, 2012—Tentative 

There are no meetings scheduled for 

the week of April 16, 2012. 

Week of April 23, 2012—Tentative 

Tuesday, April 24, 2012 

9 a.m. Briefing on Part 35 Medical 

Events Definitions—Permanent 

Implant Brachytherapy (Public 

Meeting), (Contact: Michael Fuller, 

301–415–0520). 

This meeting will be webcast live at 

the Web address—www.nrc.gov. 

Week of April 30, 2012—Tentative 

Monday, April 30, 2012 

9:30 a.m. Briefing on Human Capital 

and Equal Employment Opportunity, 

(EEO) (Public Meeting) (Contact: Kristin 

Davis, 301–492–2208). 

This meeting will be webcast live at 

the Web address—www.nrc.gov. 

* * * * * 

*The schedule for Commission 

meetings is subject to change on short 

notice. To verify the status of meetings, 

call (recording)—301–415–1292. 

Contact person for more information: 

Rochelle Bavol, 301–415–1651. 

* * * * * 

The NRC Commission Meeting 

Schedule can be found on the Internet 

at: http://www.nrc.gov/public-involve/ 

public-meetings/schedule.html. 

* * * * * 

The NRC provides reasonable 

accommodation to individuals with 

disabilities where appropriate. If you 

need a reasonable accommodation to 

participate in these public meetings, or 

need this meeting notice or the 

transcript or other information from the 

public meetings in another format (e.g. 

braille, large print), please notify Bill 

Dosch, Chief, Work Life and Benefits 

Branch, at 301–415–6200, TDD: 301– 

415–2100, or by email at 

william.dosch@nrc.gov. Determinations 

on requests for reasonable 

accommodation will be made on a caseby-case basis. 

* * * * * 

This notice is distributed 

electronically to subscribers. If you no 

longer wish to receive it, or would like 

to be added to the distribution, please 

contact the Office of the Secretary, 

Washington, DC 20555 (301–415–1969), 

or send an email to 

darlene.wright@nrc.gov. 

Dated: March 22, 2012. 

Rochelle C. Bavol, 

Policy Coordinator, Office of the Secretary. 

[FR Doc. 2012–7435 Filed 3–23–12; 4:15 pm] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2011–0182] 

Terrestrial Environmental Studies for 

Nuclear Power Stations 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Regulatory guide; issuance. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is issuing a revision 

to Regulatory Guide (RG) 4.11, 

‘‘Terrestrial Environmental Studies for 

Nuclear Power Stations.’’ This guide 

provides technical guidance that the 

NRC staff considers acceptable for 

terrestrial environmental studies and 

analyses supporting licensing decisions 

for nuclear power reactors. 

ADDRESSES: Please refer to Docket ID 

NRC–2011–0182 when contacting the 

NRC about the availability of 

information regarding this document. 

You may access information related to 

this document, which the NRC 

possesses and is publicly available, 

using the following methods: 

• Federal Rulemaking Web site: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2011–0182. Address 

questions about NRC dockets to Carol 

Gallagher; telephone: 301–492–3668; 

email: Carol.Gallagher@nrc.gov. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may access publicly 

available documents online in the NRC 

Library at http://www.nrc.gov/readingrm/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 pdr.resource@nrc.gov. The 

ADAMS accession number for each 

document referenced in this notice (if 

that document is available in ADAMS) 

is provided the first time that a 

document is referenced. Revision 2 of 

Regulatory Guide 4.11 is available in 

ADAMS under Accession No. 

ML113350385. The regulatory analysis 

may be found in ADAMS under 

Accession No. ML113350388. 

• 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. 

Regulatory guides are not 

copyrighted, and NRC approval is not 

required to reproduce them. 

FOR FURTHER INFORMATION CONTACT: 

Mekonen Bayssie, Regulatory Guide 

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