Environmental Assessment and Finding of No Significant Impact Related to Issuance of License Amendment for the Removal of Unreacted Ore From Plant 6W, Mallinckrodt Inc., St. Louis, Missouri; License No. STB-401, 27007-27012 [E8-10482]

Download as PDF Federal Register / Vol. 73, No. 92 / Monday, May 12, 2008 / Notices reproduction costs), made payable to the U.S. Treasury. William D. Brighton, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. E8–10389 Filed 5–9–08; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF LABOR Employment and Training Administration Request for Certification of Compliance—Rural Industrialization Loan and Grant Program Employment and Training Administration, Labor. ACTION: Notice. AGENCY: The Employment and Training Administration is issuing this notice to announce the receipt of a ‘‘Certification of Non-Relocation and Market and Capacity Information Report’’ (Form 4279–2) for the following: Applicant/Location: Puerto Rico Network of Integrative Medicine, Inc./ Arecibo, Puerto Rico. Principal Product/Purpose: The loan, guarantee, or grant application is for the acquisition and remodeling of an existing hospital. The NAICS industry code for this enterprise is: 622110 General Medical and Surgical Hospitals. DATES: All interested parties may submit comments in writing no later than May 27, 2008. Copies of adverse comments received will be forwarded to the applicant noted above. ADDRESSES: Address all comments concerning this notice to Anthony D. Dais, U.S. Department of Labor, Employment and Training Administration, 200 Constitution Avenue, NW., Room S–4231, Washington, DC 20210; or e-mail Dais.Anthony@dol.gov; or transmit via fax (202) 693–3015 (this is not a toll-free number). FOR FURTHER INFORMATION CONTACT: Anthony D. Dais, at telephone number (202) 693–2784 (this is not a toll-free number). SUPPLEMENTARY INFORMATION: Section 188 of the Consolidated Farm and Rural Development Act of 1972, as established under 29 CFR Part 75, authorizes the United States Department of Agriculture to make or guarantee loans or grants to finance industrial and business activities in rural areas. The Secretary of Labor must review the application for financial assistance for the purpose of rwilkins on PROD1PC63 with NOTICES SUMMARY: VerDate Aug<31>2005 17:54 May 09, 2008 Jkt 214001 certifying to the Secretary of Agriculture that the assistance is not calculated, or likely, to result in: (a) A transfer of any employment or business activity from one area to another by the loan applicant’s business operation; or (b) An increase in the production of goods, materials, services, or facilities in an area where there is not sufficient demand to employ the efficient capacity of existing competitive enterprises unless the financial assistance will not have an adverse impact on existing competitive enterprises in the area. The Employment and Training Administration within the Department of Labor is responsible for the review and certification process. Comments should address the two bases for certification and, if possible, provide data to assist in the analysis of these issues. Signed: at Washington, DC this 5th of May, 2008. Gay M. Gilbert, Administrator, Office of Workforce Investment, Employment and Training Administration. [FR Doc. E8–10498 Filed 5–9–08; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR [SGA/DFA–PY–07–08] Solicitation for Grant Applications (SGA); Office of Apprenticeship and the Women’s Bureau SGA Employment and Training Administration (ETA), Labor. ACTION: Notice: Amendment to SGA/ DFA–PY–07–08. AGENCY: SUMMARY: The Employment and Training Administration published a document in the Federal Register on April 22, 2008, announcing the availability of funds and solicitation for grant applications (SGA) for the Women in Apprenticeship and Nontraditional Occupations. This notice is a second amendment to the SGA and it amends a Web site link in ‘‘Section IV., Application and Submission Information,’’ under the specific heading, ‘‘Electronic Submissions.’’ FOR FURTHER INFORMATION CONTACT: James Stockton, Grant Officer, Division of Federal Assistance, at (202) 693– 3335. Supplementary Information Correction: In the Federal Register of April 22, in FR Doc. E8–8651. On page 21652 under the second (2nd) paragraph titled, ‘‘Electronic Submissions,’’ the Frm 00053 Fmt 4703 Sfmt 4703 Web site link is changed from ‘‘Get Started,’’ with registration steps at http:www.grants.gov/GetStarted to ‘‘Get Registered’’ http://www.grants.gov/ applicants/get_registered.jsp. EFFECTIVE DATE: This notice is effective May 12, 2008. Signed at Washington, DC, this 6th day of May, 2008. James W. Stockton, Grant Officer. [FR Doc. E8–10497 Filed 5–9–08; 8:45 am] BILLING CODE 4510–FN–P NUCLEAR REGULATORY COMMISSION [Docket No. 40–6563] Environmental Assessment and Finding of No Significant Impact Related to Issuance of License Amendment for the Removal of Unreacted Ore From Plant 6W, Mallinckrodt Inc., St. Louis, Missouri; License No. STB–401 Nuclear Regulatory Commission. ACTION: Environmental Assessment and Finding of No Significant Impact. AGENCY: John Buckley, Division of Waste Management and Environmental Protection, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Mail Stop: T8F5, Washington, DC 20555–0001. Telephone: (301) 415– 6607; e-mail: john.buckley@nrc.gov. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Employment and Training Administration PO 00000 27007 1. Introduction The U.S. Nuclear Regulatory Commission (NRC) is considering approval of Mallinckrodt Inc.’s (Mallinckrodt’s) license amendment request (ADAMS No. ML073390035) for removal of unreacted ore (URO) from Plant 6W, a portion of Mallinckrodt’s site located in St. Louis, Missouri. As part of its review, the NRC staff has prepared this environmental assessment (EA). The EA evaluates Mallinckrodt’s request, as supplemented by its responses dated January 28, 2008 (ML080350013), and March 17, 2008 (ML080800076), to the NRC’s request for additional information (ML073550832). 2. Background Mallinckrodt has been operating at the St. Louis Plant since 1867 producing various products including metallic oxides and salts, ammonia, and organic chemicals. From 1942 to 1957, Mallinckrodt was under contract with E:\FR\FM\12MYN1.SGM 12MYN1 rwilkins on PROD1PC63 with NOTICES 27008 Federal Register / Vol. 73, No. 92 / Monday, May 12, 2008 / Notices the Manhattan Engineering District and the Atomic Energy Commission (MED– AEC) to process uranium ore to produce uranium for development of atomic weapons. Remediation of MED–AEC contamination at the St. Louis Plant site is being performed by the U.S. Army Corp of Engineers (USACE) under the Formerly Utilized Sites Remedial Action Program (FUSRAP). The Plant 6W area (described below) contains widespread contamination from MED– AEC operations. In addition to its MED–AEC operations, Mallinckrodt extracted Columbium and Tantalum (C–T) from natural ores and tin slags from 1961 to 1985. These ores contained uranium and thorium isotopes, and were thus source material which required a 10 CFR Part 40 possession and use license. Mallinckrodt was issued License No. STB–401 in 1961. The C–T operations produced the URO at issue here. The URO is comprised of columbite ore and tin slag that did not dissolve by acid leaching, and portions that precipitated as insoluble fluoride compounds UF4 and ThF4. The URO is buried in a set of 10 trenches within the Plant 6W area, and is surrounded by MED–AEC contamination. C–T processing was shut down from 1985 through early 1987, when Mallinckrodt began a two month pilot production run. During the pilot production run, approximately 20,000 pounds of tin slag were processed. In July 1993, NRC amended Mallinckrodt’s license to a possession only license for purposes of decommissioning the NRC– licensed site and eventually terminating the NRC license. Approximately 6 Ci of natural uranium and 19 Ci of natural thorium isotopes were contained in the ores and tin slags processed under License STB–401. Mallinckrodt needs to remove the URO so that USACE can proceed with its FUSRAP action. Mallinckrodt and USACE worked cooperatively to reach an agreement in 2007 that defines a geographical boundary between buried URO in trenches numbered 1–9, and surrounding land within Plant 6W. Under the agreement Mallinckrodt is responsible for removal of all material within the geographical boundary, including the URO in the nine burial trenches, and USACE is responsible for remediation of the remainder of Plant 6W. Prior to removal of URO from Trench 10, Mallinckrodt and USACE will need to conclude a similar delineation agreement—to be examined by NRC—defining the geographical boundary of Trench 10. With the exception of the buried URO, the remediation of the Plant 6W area will be VerDate Aug<31>2005 17:54 May 09, 2008 Jkt 214001 conducted by USACE pursuant to FUSRAP. Mallinckrodt’s St. Louis facility as a whole contains more than 50 buildings in an area covering approximately 43 acres. The facility has been traditionally subdivided into areas called ‘‘Plants’’ based on similar operations being performed within each plant. C–T processing and support occurred in 21 buildings, mainly within Plant 5, but also within Plants 1, 3, 6, 7 and 8. Select buildings and areas in Plants 6 and 7 were used to receive and store feed materials and drummed URO waste. In 1972–73 approximately 300 cubic yards (yd3) of URO was buried in the set of 10 trenches located on the western portion of Plant 6—now designated as Plant 6W. Plant 6W is an uncovered area of approximately 60,000 ft2 (200 ft x 300 ft) of which the burials occupy an area of approximately 4500 ft2. A portion of Trench 10 is located beneath a corner of Building 101, so that the URO within Trench 10 is not fully accessible. The initial amendment request for removal of URO from Plant 6W did not include removal of URO from Trench 10. Mallinckrodt requested that NRC approve the removal of URO from Trench 10 in its March 17, 2008, supplement. This request is discussed below under the ‘‘Connected Action’’ heading. Mallinckrodt is conducting its decommissioning activities of the C–T processing areas in two phases. The NRC approved the Phase 1 decommissioning plan (DP) in May 2002. In Phase 1, Mallinckrodt decommissioned the buildings and equipment to the extent necessary to meet NRC’s guidelines for unrestricted release. Mallinckrodt completed Phase 1 decommissioning activities in February 2007. Phase 2 will include the remediation of the building slabs and foundations, paved surfaces, and all remaining subsurface materials. Mallinckrodt submitted its Phase 2 DP for NRC review and approval in 2003. The staff is still reviewing the Phase 2 DP. Mallinckrodt originally planned to remove the URO from Plant 6W as part of its Phase 2 decommissioning activities. However, in order to coordinate schedules for remediation of Plant 6W with USACE, Mallinckrodt is proposing to remove the URO buried in Plant 6W under this separate licensing action prior to approval and implementation of the Phase 2 DP. 3. Need for the Proposed Action The ultimate goal of the C–T project decommissioning being overseen by the NRC is to remediate those areas of the PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 St. Louis site associated with past C–T production, to the extent necessary to permit the termination of License STB– 401. As noted above, Plant 6W contains MED–AEC contamination and URO from C–T operations in ten burial pits, and Mallinckrodt is responsible for removing this URO. Removal of the URO prior to Phase 2 decommissioning activities will remove a significant source of radioactive material from the St. Louis Plant site, thereby reducing the risk of exposure to Mallinckrodt workers during these subsequent decommissioning activities. 4. Proposed Action Mallinckrodt plans to remove URO and adjacent soil from the set of ten trenches in Plant 6W, and ship the material by rail to a regulated disposal facility. The specific disposal facility will depend on whether the URO and soil contains more or less than the exempted quantity of source material— 0.05% by weight—as set forth in 10 CFR Part 40.13(a). Non–URO and soil materials with surface contamination meeting the standards in NRC Policy and Guidance Directive FC 83–23 can be released from the site in accordance with license condition 16. 4.1 Site Description The facility is located adjacent to the west bank of the Mississippi River. The area surrounding the site is completely developed, and includes a mixture of commercial, industrial and residential uses. The St. Louis plant is located within Census Tract 1267. The residential population within this tract was 2,867 in 1990, and the total residential population within one mile of the plant was approximately 10,000. Section 1 of the DP provides maps showing the site location, plant site, and C–T production and process areas. The Mississippi, Missouri, and Meramec rivers are the main surface water bodies near the facility. Storm runoff from the St. Louis plant flows via the sewer system to the Metropolitan Sewer District. The City of St. Louis municipal water intakes are located upstream from the St. Louis, Plant. The Mississippi River is subject to flooding. A levee constructed in 1964 on City of St. Louis property protects the plant from flood waters. The St. Louis plant is underlain by two unconsolidated soil units and one bedrock unit. The upper soil unit consists of fill material and is between 12 and 30 feet thick. This unit contains a perched groundwater unit at depths of three to nine feet below the surface. The lower soil unit is composed of silt and clay above sandy alluvium, and ranges E:\FR\FM\12MYN1.SGM 12MYN1 27009 Federal Register / Vol. 73, No. 92 / Monday, May 12, 2008 / Notices between 0 and 60 feet thick. Groundwater in the sandy alluvium is saline and very hard, and flows to the east towards the Mississippi River. The bedrock unit is limestone. Groundwater in the bedrock is saline and nonpotable. Groundwater beneath the St. Louis Plant and surrounding area is not used for drinking water, and there are no drinking water wells located near the plant. The climate in the St. Louis area is warm and moist in the summer and cold and dry in the winter. The annual average high and low temperatures are 88 degrees Fahrenheit and 23 degree Fahrenheit, respectively. The average annual precipitation is 36 inches. 4.2 Source Removal Criteria depends on whether or not the 10 CFR part 40.13(a) exemption limit is exceeded. Equipment with surface contamination meeting the requirements of NRC Policy and Guidance Directive FC 83–23 can be released in accordance with license condition 16, as indicated in the following chart. As indicated above, the disposal criterion for the removed URO and soil EQUIPMENT SURFACE RELEASE LIMITS Average (dpma/100 cm2) Equipment location Maximum (dpma/100 cm2) Removable (dpma/100 cm2) 2400 7200 500 Any ................................................................................................................................... At the Plant 6W site, Mallinckrodt will remove all material within a geographical boundary agreed to between Mallinckrodt and USACE. Completion of the removal action will be verified by measurement of the excavation width and depth. Because this URO source removal action is based upon agreed geographical boundaries, a residual radioactivity concentration criterion—applicable in decommissioning actions—will not be applicable here. Similarly, a final status survey will not be required. Mallinckrodt will demonstrate completion of the URO removal action by documenting the removal of the volume of material specified in the Mallinckrodt/USACE delineation agreements. 4.3 Site Characterization URO was buried in Plant 6W in a set of ten excavated trenches. Mallinckrodt estimates that the URO contains about 1.8 wt% thorium and about 0.15 wt% uranium. Approximately 290 yd3 of URO was packaged in 305 thirty-gallon steel drums. The drums were placed in the trenches in a two-foot layer with approximately 3–4 feet of clean cover consisting of compact soil. rwilkins on PROD1PC63 with NOTICES 4.4 Areas To Be Remediated As stated above, Mallinckrodt and USACE have agreed upon a defined geographic boundary for nine of the trenches in Plant 6W. Mallinckrodt initially planned to remove URO buried in Trench 10 later, during Phase 2 decommissioning. However, if removal of URO from Trench 10 benefits Mallinckrodt/USACE remediation activities in Plant 6W, Mallinckrodt may elect to establish a delineation agreement with USACE for Trench 10 as well, and remove URO from Trench 10 under this proposed license amendment. VerDate Aug<31>2005 17:54 May 09, 2008 Jkt 214001 URO burials in Trenches 1–9 occupy an area of about 418 square yards (yd2). Allowing for sloping excavation side walls results in a total volume of excavated material of about 2605 yd3. The URO from Trench 10 adds approximately 900 yd3 which brings the total excavated volume to 3495 yd3. 4.5 Approach to URO Removal Mallinckrodt is proposing to treat removal of the URO as a volume of material within specified geographical bounds. Land outside the boundary is the responsibility of USACE under FUSRAP. Mallinckrodt is proposing to remove the URO using the following steps: • Utility lines, including water, electricity, gas, etc., will be located and marked prior to initiation of remediation activities and will be relocated as necessary to perform this work; • Macadam pavement atop URO burials one through nine will be removed; • Soil covering the buried URO will be removed by excavation; • Water misting or similarly effective dust control methods will be used as necessary to prevent the release of airborne dust during excavation and materials handling activities; • Extent of the removal is to be verified by visual inspection and, where necessary confirmed by appropriate radiation measurements; • URO contents will be transported to the rail loading facility on site for loading and delivery to a carrier for transport; • Excavated soil and URO may be mixed in order to satisfy disposal site criteria; and • Backfill will be specified to ensure no subsidence or, by agreement with the USACE, excavation cavities may be left PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 to facilitate FUSRAP remediation nearby. 4.6 Environmental Safety Program Mallinckrodt has committed to perform URO removal activities in accordance with a Health and Safety Program, which includes: (1) An Industrial Safety Program; (2) a Radiation Protection Program; and (3) an Environmental Safety Program. Only the Environmental Safety Program is discussed here. Implementation of the overall Health and Safety Program will be evaluated during NRC site inspections. Mallinckrodt has committed to implement an Environmental Protection Program to monitor air and water effluents discharged during the URO removal project. During soil handling activities, Mallinckrodt has committed to routinely collect samples or take measurements at on-site and site boundary or off-site locations to determine the extent of environmental discharges during remediation. The amendment request states that Mallinckrodt will be responsible for overall project direction and ensuring that NRC requirements are met. The remediation contractors will be responsible for implementation of the radiological, occupational, environmental safety and quality assurance programs. The contractor will also be responsible for providing trained personnel to conduct decommissioning activities. The amendment request describes an acceptable organizational structure and presents minimum qualifications for safety related personnel. 4.7 ALARA Plan Mallinckrodt has committed to keeping radiation exposures to workers and the environment ALARA, by implementing health safety practices E:\FR\FM\12MYN1.SGM 12MYN1 27010 Federal Register / Vol. 73, No. 92 / Monday, May 12, 2008 / Notices rwilkins on PROD1PC63 with NOTICES specified in the Radiation Protection Program. The remediation contractor is responsible for implementing the Radiation Protection Program. Under the Radiation Protection Program, the contractor is required to consider how exposures will be kept ALARA in the preparation of safety work permits. In addition, all individuals will be trained in the concepts of ALARA before being allowed to work in controlled areas. The Radiation Protection Program requires that workers be adequately trained. All unescorted individuals involved in C–T Project decommissioning activities will be required to receive Industrial Safety Training and Radiation Safety Training. All individuals will receive Radiation Safety Training before entering a controlled area to perform work. Mallinckrodt will also implement an Environmental Safety Program to monitor air and water effluents discharged during URO source removal. Mallinckrodt will routinely collect samples or take measurements at locations on-site, site boundaries, and off-site, to determine the extent of environmental discharges. Environmental sampling stations will collect continuous samples during URO source removal activities to verify that there are no significant adverse impacts to workers or the environment. Mallinckrodt has also committed to monitor direct radiation using thermoluminescent dosimeters (TLDs). TLDs will be placed at various locations around the perimeter of the controlled area to ensure that direct radiation in unrestricted areas does not exceed the public dose limits specified in 10 CFR 20.1301. The Radiation Control and Environmental Safety Programs described in the license amendment request are acceptable programs which should keep radiation exposures to workers, and the environment ALARA. URO during Phase 2 decommissioning activities. The ‘‘no action’’ alternative is not an acceptable alternative because the URO burial pits contain residual contamination exceeding NRC’s release criteria. Although the second alternative would be an acceptable decommissioning approach, this alternative delays USACE remediation activities in Plant 6W. Delaying USACE remediation activities in Plant 6 increases the potential dose to Mallinckrodt workers since a significant source of radioactive material remains on site. 5. Alternatives to the Proposed Action Removal of the URO from Plant 6W contributes to the systematic remediation of the C–T process areas at the St. Louis Plant. Removal of the URO from Plant 6W was initially supposed to occur as part of Phase 2 decommissioning activities. Removal of the URO as a separate licensing action, before the Phase 2 DP has been approved, provides Mallinckrodt the opportunity to coordinate remediation activities of Plant 6 with USACE and remove a significant source of radioactive material from the St. Louis Plant site. There are two possible alternatives to the proposed action: (1) No action alternative; and (2) removal of Removal of the URO from Plant 6W creates a potential for radiological environmental impacts. Radiological environmental impacts that could result from remediation activities include exposure, inhalation, and ingestion hazards to workers and the public. These hazards could occur during the excavation and handling of the URO and surrounding soil. Mallinckrodt has committed to perform work activities in accordance with a Health and Safety Program as described in the amendment request. The Health and Safety Program will consist of: (1) An Industrial Safety Program; (2) a Radiation Protection Program; and (3) an Environmental VerDate Aug<31>2005 17:54 May 09, 2008 Jkt 214001 6. Affected Environment As stated in the Background section above, MED–AEC contamination at Mallinckrodt facility is being removed by USACE under FUSRAP. USACE developed a preferred cleanup approach for the MED–AEC contamination, based on the data and findings presented in four documents: (1) Remedial Investigation Report; (2) Baseline Risk Assessment; (3) Initial Screening of Alternatives; and (4) Feasibility Study. Section 2.2 of the Feasibility Study provides an evaluation of the affected environment surrounding the Mallinckrodt facility. The findings in Section 2.2 of the Feasibility Study also apply to remediation of the C-T process areas. The NRC staff incorporates by reference the Feasibility Study’s Section 2.2 discussion of the following topics: (1) Land use and recreational and esthetic resources; (2) Climatology, meteorology, and air quality; (3) Geology and soils; (4) Water resources; (5) Biological resources; (6) Threatened and endangered species; (7) Wetlands and floodplains; (8) Population and socioeconomics; and (9) Historical, archeological, and cultural resources. 7. Environmental Impacts 7.1 PO 00000 Radiological Impacts Frm 00056 Fmt 4703 Sfmt 4703 Safety Program. The Radiation Protection Program will contain controls to monitor exposures to workers. Action levels have been established based on 10 CFR 20, Appendix B. If action levels are exceeded, Mallinckrodt will take corrective action, as necessary. The Radiation Protection Program will keep exposures due to ingestion and inhalation ALARA by controlling and monitoring airborne releases in work areas, and by utilizing respiratory protection, as necessary. Mallinckrodt will implement the NRC-approved Environmental Safety Program developed for Phase 1 decommissioning activities to monitor air and water effluents discharged during the URO source removal action. If necessary, Mallinckrodt will revise elements of the Phase 1 Environmental Safety Program to effectively control URO removal activities. Mallinckrodt will collect air and water samples onsite and off-site routinely to determine the extent of environmental discharges. Mallinckrodt does not anticipate the need for effluent air monitoring since there will likely be no point sources of effluent air. However, if such a need arises, Mallinckrodt will use aN exhaust ventilation system, and the effluent air will be sampled and analyzed. Mallinckrodt will provide environmental monitoring stations to verify that there are no significant adverse impacts to the workers or the environment. Mallinckrodt has committed to minimize the production of contaminated liquids. There are four potential sources of contaminated liquids: Water collection in an excavation pit; sink and shower water; fluids produced by decontamination of equipment; and water used for dust suppression. Sink and shower water is expected to contain insignificant amounts of radioactivity and will be discharged into the sewer in accordance with 10 CFR Part 20.2003. If rain water or surface water is collected, it will ordinarily be used for dust suppression of URO and adjacent soils destined for NRC-approved disposal. Aqueous waste from decontamination fluids and dust suppression containing potentially significant concentrations of radionuclides will be filtered to remove the solids, sampled and analyzed to estimate the concentration in the sewerage. The concentration will be compared with 10 CFR Part 20 concentration limits and the total inventory discharged will be calculated. Mallinckrodt has also committed to monitor direct radiation using TLDs. TLDs will be placed at various locations around the perimeter of the controlled E:\FR\FM\12MYN1.SGM 12MYN1 Federal Register / Vol. 73, No. 92 / Monday, May 12, 2008 / Notices rwilkins on PROD1PC63 with NOTICES area for the source removal action, to ensure that direct radiation from the URO does not exceed the limits specified in 10 CFR 20.1301 for unrestricted areas. Mallinckrodt has established action levels to aid in compliance with environmental safety regulations in 10 CFR Part 20. The action levels for environmental air, effluent water and sewage are 0.75, 0.6, and 0.6 of the limits, respectively. If action levels are exceeded, Mallinckrodt will take corrective actions. Mallinckrodt has performed dose assessments to determine an occupational exposure estimate, and the dose associated with credible accident scenarios. The occupational exposure estimate for a representative worker during URO removal is 83 mrem/yr. 7.2 Non-Radiological Impacts The St. Louis Plant is located in an area, which is completely developed with no pre-settlement vegetation existing. Land use within a one mile radius from the site is a mixture of commercial, industrial, and residential. Commercial or industrial properties in the area include McKinley Iron Company, Thomas and Proetz Lumber Company, and several railroad properties. The USACE Feasibility Study states that there was no sign of federal or state designated endangered or threatened species present at the Mallinckrodt facility. The Feasibility Study also states that the Mallinckrodt facility does not contain any historic buildings. Further, available data indicate that there are no archeological sites in the area. The residential population within one mile of the site is approximately 10,000 persons, with most of the residences located on the opposite side of Interstate 70. The URO removal action is a small scale activity requiring relatively few workers. Due to the small number of workers and the short duration of the project, this effort should have minimal socioeconomic impact on the local community. NRC staff performed an environmental justice review of the Mallinckrodt site for approval of the Phase 1 DP. The review concluded that since Phase 1 decommissioning activities result in an insignificant risk to the public health and safety, and the human environment, that there are no environmental justice issues with this site. As was the case during Phase 1 decommissioning activities, URO burial removal activities result in an insignificant risk to the public health and safety, and the human environment. Therefore, the conclusion that there is VerDate Aug<31>2005 17:54 May 09, 2008 Jkt 214001 no environmental justice issue associated with this site remains valid. Air quality and noise impacts may result from excavation and handling of URO and surrounding soil, and transport of waste. Mallinckrodt will use appropriate dust control measures during URO and soil handling. These activities will be short in duration; and, therefore, will have minimal impact on the surrounding community and environment. The St. Louis Plant can be serviced by road, rail, and river barge. Interstate 70 (east and west) can be accessed within one mile from the St. Louis Plant. Rail lines from the Chicago, Burlington, and Quincy Railroad, the Norfolk and Western Railroad, and the St. Louis Terminal Railroad Association, transect the St. Louis Plant from north to south. URO and adjacent soils will be shipped from the site by rail. The total volume of such materials to be shipped from the site is estimated to be approximately 3495 yd3. Approximately 50 gondolatype rail cars will be required to transport the URO and adjacent soil to a disposal facility. This small number of rail cars will have an insignificant impact on the local rail traffic. The staff incorporates by reference, the USACE Feasibility Study, Appendix C, ALARA Analysis, which calculates the risk to a worker or member of the public during waste transport. 7.3 Connected Action Mallinckrodt has determined that it may be beneficial to demolish Building 101. As stated above, such action would make Trench 10 fully accessible, and allow all URO from Plant 6W to be moved offsite. Building 101 was not used for C–T processing activities. Mallinckrodt performed a final status survey on the exterior of Building 101 as part of Phase 1 decommissioning activities. A final status survey report was submitted to NRC in March 2004 (ML042600286). NRC released Building 101 for unrestricted use in February 2007 (ML070530675) and it is currently used by Mallinckrodt for business operations not regulated by the NRC. Ordinarily, since Mallinckrodt could demolish Building 101 at any time without NRC approval, such action would not be a federal action requiring the NRC staff’s environmental review. However, it appears that but for the need to make the URO in Trench 10 accessible, in furtherance of the removal action being evaluated in this EA, Building 101 would not be slated for demolition at this time. This nexus between the potential demolition and the licensed action brings Building 101 within the scope of this EA. PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 27011 Building 101 is a 243 ft by 23 ft cinder block building constructed in 1973. As noted above, although Building 101 was not used for C–T processing activities, Mallinckrodt surveyed the exterior of the building for radioactivity. The NRC performed a confirmatory survey of the building exterior during a February 2007 inspection (ML070530262) and released the building for unrestricted use the same month. Since radioactivity is not a concern, demolition of building 101 will involve the use of standard demolition equipment. The volume of building rubble to be disposed should be less than 2,500 yd3. Since radioactive material is not a concern and the building has no historic significance, the environmental impacts associated with the demolition of this building will be equal to the demolition of any cinder block building in an industrial area. The volume of rubble to be transported from the site as the result of Building 101’s demolition would have an insignificant impact on the local transportation system. The URO in Trench 10 has the same radiological characteristics as the URO in the other nine trenches, and the same removal techniques would be used for it. Mallinckrodt must conclude a delineation agreement with USACE prior to removal of URO from Trench 10. Accordingly, the NRC staff has determined that Mallinckrodt may remove URO from Trench 10 under this proposed license amendment. This conditional approval is reflected in License Condition 19. 7.4 Cumulative Impacts The URO removal action will have a small, insignificant cumulative impact on conditions at the Mallinckrodt site. The Plant 6W area is a small part of Mallinckrodt’s larger operating industrial facility at the St. Louis site. The volume of material to be removed from the trenches is relatively small compared to volume of material to be removed by USACE from Plant 6 under FUSRAP. The URO removal activities are expected to be completed within 12 months. The Mallinckrodt facility is an operating industrial facility located in a highly industrial area. Further, USACE is conducting remedial activities at the site. As such, the increased noise from URO removal activities will be insignificant. As described earlier, the URO removal action will generate a relatively small volume of material that will be transported from the site to a disposal facility. While local rail traffic will thus be increased, the small number of rail E:\FR\FM\12MYN1.SGM 12MYN1 27012 Federal Register / Vol. 73, No. 92 / Monday, May 12, 2008 / Notices cars required will have an insignificant cumulative impact on the transportation system in the St. Louis metropolitan area. The small short term negative impacts associated with the URO removal action are outweighed by the significant positive impact resulting from the removal of URO from the Mallinckrodt facility. Removing the URO from Plant 6W now will reduce the potential radiological dose to Mallinckrodt workers later, when such workers will be conducting Phase 2 decommissioning activities. 8. Agencies and Persons Consulted and Sources Used Much of the information contained in this EA was taken directly from the Mallinckrodt license amendment request and the USACE Feasibility Study. In preparation of the Feasibility Study, USACE consulted with the U.S. Fish and Wildlife Service and the State Historic Preservation Office. Since Plant 6W URO removal activities will be occurring at the same site as USACE decommissioning activities, with a much more limited scope, NRC has utilized the input of the U.S. Fish and Wildlife Service and the State Historic Preservation Office by reference of the Feasibility Study. NRC staff provided a draft of this EA to the State of Missouri for review, and the State’s concerns were addressed in the final EA. 9. Conclusion Radiological exposures to workers and the public will be in accordance with 10 CFR Part 20 limits. NRC believes the amendment request contains sufficient controls to keep potential doses to workers and the public from direct exposure, airborne material, and released effluents, ALARA. The staff also believes that the remediation alternative proposed by Mallinckrodt minimizes the potential dose to workers and members of the public, and other environmental impacts. rwilkins on PROD1PC63 with NOTICES 10. List of Preparers This EA was prepared by John Buckley, Senior Project Manager, Division of Waste Management and Environmental Protection, Office of Federal and State Materials and Environmental Management Programs. No other sources were used beyond those referenced. 11. Finding of No Significant Impact Pursuant to 10 CFR Part 51, NRC has prepared this EA related to the approval of Mallinckrodt’s license amendment request for removal of URO from Plant VerDate Aug<31>2005 17:54 May 09, 2008 Jkt 214001 6W. On the basis of this EA, NRC has concluded that this Federal action would not have any significant effect on the quality of the human environment and does not warrant the preparation of an Environmental Impact Statement. Accordingly, it has been determined that a Finding of No Significant Impact is appropriate. Since the conclusion of this EA is that the remediation of the Plant 6W URO burial trenches of Mallinckrodt’s St. Louis Plant represents no significant risk to the public health and safety and the human environment, NRC concludes that there are no environmental justice issues related to the URO removal action. The aforementioned documents related to this proposed action are available for public inspection and copying at NRC’s Public Document Room at One White Flint North, 11555 Rockville Pike, Rockville, MD 20852– 2738. 12. List of References 12.1 Mallinckrodt Chemical, Inc., Request for NRC License Amendment To Remove URO From Plant 6W, November 20, 2007. 12.2 Mallinckrodt Chemical, Inc., Mallinckrodt C-T Project Decommissioning Plan (DP), Part 1, January 18, 2001. 12.3 U.S. Army Corps of Engineers, Proposed Plan for the St. Louis Downtown Site, April 1998. 12.4 U.S. Army Corps of Engineers, Feasibility Study for the St. Louis Downtown Site, April 1998. 12.5 NRC, Policy and Guidance Directive FC 83–23, ‘‘Termination of Byproduct, Source, and Special Nuclear Material Licenses,’’ November 1983. 12.6 NRC, 10 CFR part 20, ‘‘Radiological Criteria for License Termination: Final Rule,’’ July 1997. John Buckley, Decommissioning and Uranium Recovery Licensing Directorate, Division of Waste Management and Environmental Protection, Office of Federal and State Materials and Environmental Protection Programs. Telephone: 301–415–6607, email: john.buckley@nrc.gov. FOR FURTHER INFORMATION CONTACT: Dated at Rockville, Maryland, this 30th day of April 2008. For the Nuclear Regulatory Commission. Rebecca Tadesse, Acting Deputy Director, Decommissioning and Uranium Recovery Licensing Directorate, Division of Waste Management, and Environmental Protection, Office of Federal and State Materials and Environmental Protection Programs. [FR Doc. E8–10482 Filed 5–9–08; 8:45 am] BILLING CODE 7590–01–P PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 SECURITIES AND EXCHANGE COMMISSION [File No. 500–1] In the Matter of: American Motorcycle Corp. (f/k/a Scope Industries, Inc.); Order of Suspension of Trading May 8, 2008. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of American Motorcycle Corp. (f/k/a Scope Industries, Inc.) because it has not filed any periodic reports since the period ended September 30, 2000. The Commission is of the opinion that the public interest and the protection of investors require a suspension of trading in the securities of the above-listed company. Therefore, it is ordered, pursuant to Section 12(k) of the Securities Exchange Act of 1934, that trading in American Motorcycle Corp. (f/k/a Scope Industries, Inc.) is suspended for the period from 9:30 a.m. EDT on May 8, 2008, through 11:59 p.m. EDT on May 21, 2008. By the Commission. Nancy M. Morris, Secretary. [FR Doc. 08–1249 Filed 5–8–08; 10:18 am] BILLING CODE 8010–01–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration Final Federal Agency Actions on Proposed Highway in North Carolina Federal Highway Administration (FHWA), DOT. ACTION: Notice of Limitation on Claims for Judicial Review of Actions by Army Corps of Engineers (USACE), DoD, and Other Federal Agencies. AGENCY: SUMMARY: This notice announces actions taken by the USACE and other Federal agencies that are final within the meaning of 23 U.S.C. 139(I)(1). The actions relate to a proposed highway project, the Western Wake Freeway, which begins at NC 55 at Old Smithfield Road (SR 1172) between Apex and Holly Springs and ends at NC 55 near Alston Avenue north of Cary in the County of Wake, State of North Carolina. The Western Wake Freeway is also known as State Transportation Improvement Program Project R–2635. It is part of the Outer Wake Expressway, a circumferential freeway around Raleigh, North Carolina. Those actions E:\FR\FM\12MYN1.SGM 12MYN1

Agencies

[Federal Register Volume 73, Number 92 (Monday, May 12, 2008)]
[Notices]
[Pages 27007-27012]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-10482]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 40-6563]


Environmental Assessment and Finding of No Significant Impact 
Related to Issuance of License Amendment for the Removal of Unreacted 
Ore From Plant 6W, Mallinckrodt Inc., St. Louis, Missouri; License No. 
STB-401

AGENCY: Nuclear Regulatory Commission.

ACTION: Environmental Assessment and Finding of No Significant Impact.

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

FOR FURTHER INFORMATION CONTACT: John Buckley, Division of Waste 
Management and Environmental Protection, Office of Federal and State 
Materials and Environmental Management Programs, U.S. Nuclear 
Regulatory Commission, Mail Stop: T8F5, Washington, DC 20555-0001. 
Telephone: (301) 415-6607; e-mail: john.buckley@nrc.gov.

SUPPLEMENTARY INFORMATION: 

1. Introduction

    The U.S. Nuclear Regulatory Commission (NRC) is considering 
approval of Mallinckrodt Inc.'s (Mallinckrodt's) license amendment 
request (ADAMS No. ML073390035) for removal of unreacted ore (URO) from 
Plant 6W, a portion of Mallinckrodt's site located in St. Louis, 
Missouri. As part of its review, the NRC staff has prepared this 
environmental assessment (EA). The EA evaluates Mallinckrodt's request, 
as supplemented by its responses dated January 28, 2008 (ML080350013), 
and March 17, 2008 (ML080800076), to the NRC's request for additional 
information (ML073550832).

2. Background

    Mallinckrodt has been operating at the St. Louis Plant since 1867 
producing various products including metallic oxides and salts, 
ammonia, and organic chemicals. From 1942 to 1957, Mallinckrodt was 
under contract with

[[Page 27008]]

the Manhattan Engineering District and the Atomic Energy Commission 
(MED-AEC) to process uranium ore to produce uranium for development of 
atomic weapons. Remediation of MED-AEC contamination at the St. Louis 
Plant site is being performed by the U.S. Army Corp of Engineers 
(USACE) under the Formerly Utilized Sites Remedial Action Program 
(FUSRAP). The Plant 6W area (described below) contains widespread 
contamination from MED-AEC operations.
    In addition to its MED-AEC operations, Mallinckrodt extracted 
Columbium and Tantalum (C-T) from natural ores and tin slags from 1961 
to 1985. These ores contained uranium and thorium isotopes, and were 
thus source material which required a 10 CFR Part 40 possession and use 
license. Mallinckrodt was issued License No. STB-401 in 1961. The C-T 
operations produced the URO at issue here. The URO is comprised of 
columbite ore and tin slag that did not dissolve by acid leaching, and 
portions that precipitated as insoluble fluoride compounds 
UF4 and ThF4. The URO is buried in a set of 10 
trenches within the Plant 6W area, and is surrounded by MED-AEC 
contamination. C-T processing was shut down from 1985 through early 
1987, when Mallinckrodt began a two month pilot production run. During 
the pilot production run, approximately 20,000 pounds of tin slag were 
processed. In July 1993, NRC amended Mallinckrodt's license to a 
possession only license for purposes of decommissioning the NRC-
licensed site and eventually terminating the NRC license. Approximately 
6 Ci of natural uranium and 19 Ci of natural thorium isotopes were 
contained in the ores and tin slags processed under License STB-401.
    Mallinckrodt needs to remove the URO so that USACE can proceed with 
its FUSRAP action. Mallinckrodt and USACE worked cooperatively to reach 
an agreement in 2007 that defines a geographical boundary between 
buried URO in trenches numbered 1-9, and surrounding land within Plant 
6W. Under the agreement Mallinckrodt is responsible for removal of all 
material within the geographical boundary, including the URO in the 
nine burial trenches, and USACE is responsible for remediation of the 
remainder of Plant 6W. Prior to removal of URO from Trench 10, 
Mallinckrodt and USACE will need to conclude a similar delineation 
agreement--to be examined by NRC--defining the geographical boundary of 
Trench 10. With the exception of the buried URO, the remediation of the 
Plant 6W area will be conducted by USACE pursuant to FUSRAP.
    Mallinckrodt's St. Louis facility as a whole contains more than 50 
buildings in an area covering approximately 43 acres. The facility has 
been traditionally subdivided into areas called ``Plants'' based on 
similar operations being performed within each plant. C-T processing 
and support occurred in 21 buildings, mainly within Plant 5, but also 
within Plants 1, 3, 6, 7 and 8. Select buildings and areas in Plants 6 
and 7 were used to receive and store feed materials and drummed URO 
waste. In 1972-73 approximately 300 cubic yards (yd\3\) of URO was 
buried in the set of 10 trenches located on the western portion of 
Plant 6--now designated as Plant 6W. Plant 6W is an uncovered area of 
approximately 60,000 ft2 (200 ft x 300 ft) of which the 
burials occupy an area of approximately 4500 ft2. A portion 
of Trench 10 is located beneath a corner of Building 101, so that the 
URO within Trench 10 is not fully accessible. The initial amendment 
request for removal of URO from Plant 6W did not include removal of URO 
from Trench 10. Mallinckrodt requested that NRC approve the removal of 
URO from Trench 10 in its March 17, 2008, supplement. This request is 
discussed below under the ``Connected Action'' heading.
    Mallinckrodt is conducting its decommissioning activities of the C-
T processing areas in two phases. The NRC approved the Phase 1 
decommissioning plan (DP) in May 2002. In Phase 1, Mallinckrodt 
decommissioned the buildings and equipment to the extent necessary to 
meet NRC's guidelines for unrestricted release. Mallinckrodt completed 
Phase 1 decommissioning activities in February 2007. Phase 2 will 
include the remediation of the building slabs and foundations, paved 
surfaces, and all remaining subsurface materials. Mallinckrodt 
submitted its Phase 2 DP for NRC review and approval in 2003. The staff 
is still reviewing the Phase 2 DP.
    Mallinckrodt originally planned to remove the URO from Plant 6W as 
part of its Phase 2 decommissioning activities. However, in order to 
coordinate schedules for remediation of Plant 6W with USACE, 
Mallinckrodt is proposing to remove the URO buried in Plant 6W under 
this separate licensing action prior to approval and implementation of 
the Phase 2 DP.

3. Need for the Proposed Action

    The ultimate goal of the C-T project decommissioning being overseen 
by the NRC is to remediate those areas of the St. Louis site associated 
with past C-T production, to the extent necessary to permit the 
termination of License STB-401. As noted above, Plant 6W contains MED-
AEC contamination and URO from C-T operations in ten burial pits, and 
Mallinckrodt is responsible for removing this URO. Removal of the URO 
prior to Phase 2 decommissioning activities will remove a significant 
source of radioactive material from the St. Louis Plant site, thereby 
reducing the risk of exposure to Mallinckrodt workers during these 
subsequent decommissioning activities.

4. Proposed Action

    Mallinckrodt plans to remove URO and adjacent soil from the set of 
ten trenches in Plant 6W, and ship the material by rail to a regulated 
disposal facility. The specific disposal facility will depend on 
whether the URO and soil contains more or less than the exempted 
quantity of source material--0.05% by weight--as set forth in 10 CFR 
Part 40.13(a). Non-URO and soil materials with surface contamination 
meeting the standards in NRC Policy and Guidance Directive FC 83-23 can 
be released from the site in accordance with license condition 16.

4.1 Site Description

    The facility is located adjacent to the west bank of the 
Mississippi River. The area surrounding the site is completely 
developed, and includes a mixture of commercial, industrial and 
residential uses. The St. Louis plant is located within Census Tract 
1267. The residential population within this tract was 2,867 in 1990, 
and the total residential population within one mile of the plant was 
approximately 10,000. Section 1 of the DP provides maps showing the 
site location, plant site, and C-T production and process areas.
    The Mississippi, Missouri, and Meramec rivers are the main surface 
water bodies near the facility. Storm runoff from the St. Louis plant 
flows via the sewer system to the Metropolitan Sewer District. The City 
of St. Louis municipal water intakes are located up-stream from the St. 
Louis, Plant. The Mississippi River is subject to flooding. A levee 
constructed in 1964 on City of St. Louis property protects the plant 
from flood waters.
    The St. Louis plant is underlain by two unconsolidated soil units 
and one bedrock unit. The upper soil unit consists of fill material and 
is between 12 and 30 feet thick. This unit contains a perched 
groundwater unit at depths of three to nine feet below the surface. The 
lower soil unit is composed of silt and clay above sandy alluvium, and 
ranges

[[Page 27009]]

between 0 and 60 feet thick. Groundwater in the sandy alluvium is 
saline and very hard, and flows to the east towards the Mississippi 
River. The bedrock unit is limestone. Groundwater in the bedrock is 
saline and non-potable. Groundwater beneath the St. Louis Plant and 
surrounding area is not used for drinking water, and there are no 
drinking water wells located near the plant.
    The climate in the St. Louis area is warm and moist in the summer 
and cold and dry in the winter. The annual average high and low 
temperatures are 88 degrees Fahrenheit and 23 degree Fahrenheit, 
respectively. The average annual precipitation is 36 inches.

4.2 Source Removal Criteria

    As indicated above, the disposal criterion for the removed URO and 
soil depends on whether or not the 10 CFR part 40.13(a) exemption limit 
is exceeded. Equipment with surface contamination meeting the 
requirements of NRC Policy and Guidance Directive FC 83-23 can be 
released in accordance with license condition 16, as indicated in the 
following chart.

                                        Equipment Surface Release Limits
----------------------------------------------------------------------------------------------------------------
                                                             Average (dpma/    Maximum (dpma/   Removable  (dpma/
                    Equipment location                         100 cm\2\)        100 cm\2\)        100 cm\2\)
----------------------------------------------------------------------------------------------------------------
Any.......................................................              2400              7200               500
----------------------------------------------------------------------------------------------------------------

    At the Plant 6W site, Mallinckrodt will remove all material within 
a geographical boundary agreed to between Mallinckrodt and USACE. 
Completion of the removal action will be verified by measurement of the 
excavation width and depth. Because this URO source removal action is 
based upon agreed geographical boundaries, a residual radioactivity 
concentration criterion--applicable in decommissioning actions--will 
not be applicable here. Similarly, a final status survey will not be 
required. Mallinckrodt will demonstrate completion of the URO removal 
action by documenting the removal of the volume of material specified 
in the Mallinckrodt/USACE delineation agreements.

4.3 Site Characterization

    URO was buried in Plant 6W in a set of ten excavated trenches. 
Mallinckrodt estimates that the URO contains about 1.8 wt% thorium and 
about 0.15 wt% uranium. Approximately 290 yd\3\ of URO was packaged in 
305 thirty-gallon steel drums. The drums were placed in the trenches in 
a two-foot layer with approximately 3-4 feet of clean cover consisting 
of compact soil.

4.4 Areas To Be Remediated

    As stated above, Mallinckrodt and USACE have agreed upon a defined 
geographic boundary for nine of the trenches in Plant 6W. Mallinckrodt 
initially planned to remove URO buried in Trench 10 later, during Phase 
2 decommissioning. However, if removal of URO from Trench 10 benefits 
Mallinckrodt/USACE remediation activities in Plant 6W, Mallinckrodt may 
elect to establish a delineation agreement with USACE for Trench 10 as 
well, and remove URO from Trench 10 under this proposed license 
amendment.
    URO burials in Trenches 1-9 occupy an area of about 418 square 
yards (yd\2\). Allowing for sloping excavation side walls results in a 
total volume of excavated material of about 2605 yd\3\. The URO from 
Trench 10 adds approximately 900 yd\3\ which brings the total excavated 
volume to 3495 yd\3\.

4.5 Approach to URO Removal

    Mallinckrodt is proposing to treat removal of the URO as a volume 
of material within specified geographical bounds. Land outside the 
boundary is the responsibility of USACE under FUSRAP. Mallinckrodt is 
proposing to remove the URO using the following steps:
     Utility lines, including water, electricity, gas, etc., 
will be located and marked prior to initiation of remediation 
activities and will be relocated as necessary to perform this work;
     Macadam pavement atop URO burials one through nine will be 
removed;
     Soil covering the buried URO will be removed by 
excavation;
     Water misting or similarly effective dust control methods 
will be used as necessary to prevent the release of airborne dust 
during excavation and materials handling activities;
     Extent of the removal is to be verified by visual 
inspection and, where necessary confirmed by appropriate radiation 
measurements;
     URO contents will be transported to the rail loading 
facility on site for loading and delivery to a carrier for transport;
     Excavated soil and URO may be mixed in order to satisfy 
disposal site criteria; and
     Backfill will be specified to ensure no subsidence or, by 
agreement with the USACE, excavation cavities may be left to facilitate 
FUSRAP remediation nearby.

4.6 Environmental Safety Program

    Mallinckrodt has committed to perform URO removal activities in 
accordance with a Health and Safety Program, which includes: (1) An 
Industrial Safety Program; (2) a Radiation Protection Program; and (3) 
an Environmental Safety Program. Only the Environmental Safety Program 
is discussed here. Implementation of the overall Health and Safety 
Program will be evaluated during NRC site inspections.
    Mallinckrodt has committed to implement an Environmental Protection 
Program to monitor air and water effluents discharged during the URO 
removal project. During soil handling activities, Mallinckrodt has 
committed to routinely collect samples or take measurements at on-site 
and site boundary or off-site locations to determine the extent of 
environmental discharges during remediation.
    The amendment request states that Mallinckrodt will be responsible 
for overall project direction and ensuring that NRC requirements are 
met. The remediation contractors will be responsible for implementation 
of the radiological, occupational, environmental safety and quality 
assurance programs. The contractor will also be responsible for 
providing trained personnel to conduct decommissioning activities. The 
amendment request describes an acceptable organizational structure and 
presents minimum qualifications for safety related personnel.

4.7 ALARA Plan

    Mallinckrodt has committed to keeping radiation exposures to 
workers and the environment ALARA, by implementing health safety 
practices

[[Page 27010]]

specified in the Radiation Protection Program. The remediation 
contractor is responsible for implementing the Radiation Protection 
Program. Under the Radiation Protection Program, the contractor is 
required to consider how exposures will be kept ALARA in the 
preparation of safety work permits. In addition, all individuals will 
be trained in the concepts of ALARA before being allowed to work in 
controlled areas.
    The Radiation Protection Program requires that workers be 
adequately trained. All unescorted individuals involved in C-T Project 
decommissioning activities will be required to receive Industrial 
Safety Training and Radiation Safety Training. All individuals will 
receive Radiation Safety Training before entering a controlled area to 
perform work.
    Mallinckrodt will also implement an Environmental Safety Program to 
monitor air and water effluents discharged during URO source removal. 
Mallinckrodt will routinely collect samples or take measurements at 
locations on-site, site boundaries, and off-site, to determine the 
extent of environmental discharges.
    Environmental sampling stations will collect continuous samples 
during URO source removal activities to verify that there are no 
significant adverse impacts to workers or the environment. Mallinckrodt 
has also committed to monitor direct radiation using thermoluminescent 
dosimeters (TLDs). TLDs will be placed at various locations around the 
perimeter of the controlled area to ensure that direct radiation in 
unrestricted areas does not exceed the public dose limits specified in 
10 CFR 20.1301.
    The Radiation Control and Environmental Safety Programs described 
in the license amendment request are acceptable programs which should 
keep radiation exposures to workers, and the environment ALARA.

5. Alternatives to the Proposed Action

    Removal of the URO from Plant 6W contributes to the systematic 
remediation of the C-T process areas at the St. Louis Plant. Removal of 
the URO from Plant 6W was initially supposed to occur as part of Phase 
2 decommissioning activities. Removal of the URO as a separate 
licensing action, before the Phase 2 DP has been approved, provides 
Mallinckrodt the opportunity to coordinate remediation activities of 
Plant 6 with USACE and remove a significant source of radioactive 
material from the St. Louis Plant site. There are two possible 
alternatives to the proposed action: (1) No action alternative; and (2) 
removal of URO during Phase 2 decommissioning activities.
    The ``no action'' alternative is not an acceptable alternative 
because the URO burial pits contain residual contamination exceeding 
NRC's release criteria. Although the second alternative would be an 
acceptable decommissioning approach, this alternative delays USACE 
remediation activities in Plant 6W. Delaying USACE remediation 
activities in Plant 6 increases the potential dose to Mallinckrodt 
workers since a significant source of radioactive material remains on 
site.

6. Affected Environment

    As stated in the Background section above, MED-AEC contamination at 
Mallinckrodt facility is being removed by USACE under FUSRAP. USACE 
developed a preferred cleanup approach for the MED-AEC contamination, 
based on the data and findings presented in four documents: (1) 
Remedial Investigation Report; (2) Baseline Risk Assessment; (3) 
Initial Screening of Alternatives; and (4) Feasibility Study.
    Section 2.2 of the Feasibility Study provides an evaluation of the 
affected environment surrounding the Mallinckrodt facility. The 
findings in Section 2.2 of the Feasibility Study also apply to 
remediation of the C-T process areas. The NRC staff incorporates by 
reference the Feasibility Study's Section 2.2 discussion of the 
following topics: (1) Land use and recreational and esthetic resources; 
(2) Climatology, meteorology, and air quality; (3) Geology and soils; 
(4) Water resources; (5) Biological resources; (6) Threatened and 
endangered species; (7) Wetlands and floodplains; (8) Population and 
socioeconomics; and (9) Historical, archeological, and cultural 
resources.

7. Environmental Impacts

7.1 Radiological Impacts

    Removal of the URO from Plant 6W creates a potential for 
radiological environmental impacts. Radiological environmental impacts 
that could result from remediation activities include exposure, 
inhalation, and ingestion hazards to workers and the public. These 
hazards could occur during the excavation and handling of the URO and 
surrounding soil.
    Mallinckrodt has committed to perform work activities in accordance 
with a Health and Safety Program as described in the amendment request. 
The Health and Safety Program will consist of: (1) An Industrial Safety 
Program; (2) a Radiation Protection Program; and (3) an Environmental 
Safety Program. The Radiation Protection Program will contain controls 
to monitor exposures to workers. Action levels have been established 
based on 10 CFR 20, Appendix B. If action levels are exceeded, 
Mallinckrodt will take corrective action, as necessary. The Radiation 
Protection Program will keep exposures due to ingestion and inhalation 
ALARA by controlling and monitoring airborne releases in work areas, 
and by utilizing respiratory protection, as necessary.
    Mallinckrodt will implement the NRC-approved Environmental Safety 
Program developed for Phase 1 decommissioning activities to monitor air 
and water effluents discharged during the URO source removal action. If 
necessary, Mallinckrodt will revise elements of the Phase 1 
Environmental Safety Program to effectively control URO removal 
activities. Mallinckrodt will collect air and water samples on-site and 
off-site routinely to determine the extent of environmental discharges. 
Mallinckrodt does not anticipate the need for effluent air monitoring 
since there will likely be no point sources of effluent air. However, 
if such a need arises, Mallinckrodt will use aN exhaust ventilation 
system, and the effluent air will be sampled and analyzed. Mallinckrodt 
will provide environmental monitoring stations to verify that there are 
no significant adverse impacts to the workers or the environment.
    Mallinckrodt has committed to minimize the production of 
contaminated liquids. There are four potential sources of contaminated 
liquids: Water collection in an excavation pit; sink and shower water; 
fluids produced by decontamination of equipment; and water used for 
dust suppression. Sink and shower water is expected to contain 
insignificant amounts of radioactivity and will be discharged into the 
sewer in accordance with 10 CFR Part 20.2003. If rain water or surface 
water is collected, it will ordinarily be used for dust suppression of 
URO and adjacent soils destined for NRC-approved disposal. Aqueous 
waste from decontamination fluids and dust suppression containing 
potentially significant concentrations of radionuclides will be 
filtered to remove the solids, sampled and analyzed to estimate the 
concentration in the sewerage. The concentration will be compared with 
10 CFR Part 20 concentration limits and the total inventory discharged 
will be calculated.
    Mallinckrodt has also committed to monitor direct radiation using 
TLDs. TLDs will be placed at various locations around the perimeter of 
the controlled

[[Page 27011]]

area for the source removal action, to ensure that direct radiation 
from the URO does not exceed the limits specified in 10 CFR 20.1301 for 
unrestricted areas.
    Mallinckrodt has established action levels to aid in compliance 
with environmental safety regulations in 10 CFR Part 20. The action 
levels for environmental air, effluent water and sewage are 0.75, 0.6, 
and 0.6 of the limits, respectively. If action levels are exceeded, 
Mallinckrodt will take corrective actions.
    Mallinckrodt has performed dose assessments to determine an 
occupational exposure estimate, and the dose associated with credible 
accident scenarios. The occupational exposure estimate for a 
representative worker during URO removal is 83 mrem/yr.

7.2 Non-Radiological Impacts

    The St. Louis Plant is located in an area, which is completely 
developed with no pre-settlement vegetation existing. Land use within a 
one mile radius from the site is a mixture of commercial, industrial, 
and residential. Commercial or industrial properties in the area 
include McKinley Iron Company, Thomas and Proetz Lumber Company, and 
several railroad properties. The USACE Feasibility Study states that 
there was no sign of federal or state designated endangered or 
threatened species present at the Mallinckrodt facility. The 
Feasibility Study also states that the Mallinckrodt facility does not 
contain any historic buildings. Further, available data indicate that 
there are no archeological sites in the area.
    The residential population within one mile of the site is 
approximately 10,000 persons, with most of the residences located on 
the opposite side of Interstate 70. The URO removal action is a small 
scale activity requiring relatively few workers. Due to the small 
number of workers and the short duration of the project, this effort 
should have minimal socioeconomic impact on the local community.
    NRC staff performed an environmental justice review of the 
Mallinckrodt site for approval of the Phase 1 DP. The review concluded 
that since Phase 1 decommissioning activities result in an 
insignificant risk to the public health and safety, and the human 
environment, that there are no environmental justice issues with this 
site. As was the case during Phase 1 decommissioning activities, URO 
burial removal activities result in an insignificant risk to the public 
health and safety, and the human environment. Therefore, the conclusion 
that there is no environmental justice issue associated with this site 
remains valid.
    Air quality and noise impacts may result from excavation and 
handling of URO and surrounding soil, and transport of waste. 
Mallinckrodt will use appropriate dust control measures during URO and 
soil handling. These activities will be short in duration; and, 
therefore, will have minimal impact on the surrounding community and 
environment.
    The St. Louis Plant can be serviced by road, rail, and river barge. 
Interstate 70 (east and west) can be accessed within one mile from the 
St. Louis Plant. Rail lines from the Chicago, Burlington, and Quincy 
Railroad, the Norfolk and Western Railroad, and the St. Louis Terminal 
Railroad Association, transect the St. Louis Plant from north to south. 
URO and adjacent soils will be shipped from the site by rail. The total 
volume of such materials to be shipped from the site is estimated to be 
approximately 3495 yd\3\. Approximately 50 gondola-type rail cars will 
be required to transport the URO and adjacent soil to a disposal 
facility. This small number of rail cars will have an insignificant 
impact on the local rail traffic. The staff incorporates by reference, 
the USACE Feasibility Study, Appendix C, ALARA Analysis, which 
calculates the risk to a worker or member of the public during waste 
transport.

7.3 Connected Action

    Mallinckrodt has determined that it may be beneficial to demolish 
Building 101. As stated above, such action would make Trench 10 fully 
accessible, and allow all URO from Plant 6W to be moved offsite. 
Building 101 was not used for C-T processing activities. Mallinckrodt 
performed a final status survey on the exterior of Building 101 as part 
of Phase 1 decommissioning activities. A final status survey report was 
submitted to NRC in March 2004 (ML042600286). NRC released Building 101 
for unrestricted use in February 2007 (ML070530675) and it is currently 
used by Mallinckrodt for business operations not regulated by the NRC. 
Ordinarily, since Mallinckrodt could demolish Building 101 at any time 
without NRC approval, such action would not be a federal action 
requiring the NRC staff's environmental review.
    However, it appears that but for the need to make the URO in Trench 
10 accessible, in furtherance of the removal action being evaluated in 
this EA, Building 101 would not be slated for demolition at this time. 
This nexus between the potential demolition and the licensed action 
brings Building 101 within the scope of this EA.
    Building 101 is a 243 ft by 23 ft cinder block building constructed 
in 1973. As noted above, although Building 101 was not used for C-T 
processing activities, Mallinckrodt surveyed the exterior of the 
building for radioactivity. The NRC performed a confirmatory survey of 
the building exterior during a February 2007 inspection (ML070530262) 
and released the building for unrestricted use the same month. Since 
radioactivity is not a concern, demolition of building 101 will involve 
the use of standard demolition equipment. The volume of building rubble 
to be disposed should be less than 2,500 yd\3\. Since radioactive 
material is not a concern and the building has no historic 
significance, the environmental impacts associated with the demolition 
of this building will be equal to the demolition of any cinder block 
building in an industrial area. The volume of rubble to be transported 
from the site as the result of Building 101's demolition would have an 
insignificant impact on the local transportation system.
    The URO in Trench 10 has the same radiological characteristics as 
the URO in the other nine trenches, and the same removal techniques 
would be used for it. Mallinckrodt must conclude a delineation 
agreement with USACE prior to removal of URO from Trench 10.
    Accordingly, the NRC staff has determined that Mallinckrodt may 
remove URO from Trench 10 under this proposed license amendment. This 
conditional approval is reflected in License Condition 19.

7.4 Cumulative Impacts

    The URO removal action will have a small, insignificant cumulative 
impact on conditions at the Mallinckrodt site. The Plant 6W area is a 
small part of Mallinckrodt's larger operating industrial facility at 
the St. Louis site. The volume of material to be removed from the 
trenches is relatively small compared to volume of material to be 
removed by USACE from Plant 6 under FUSRAP. The URO removal activities 
are expected to be completed within 12 months.
    The Mallinckrodt facility is an operating industrial facility 
located in a highly industrial area. Further, USACE is conducting 
remedial activities at the site. As such, the increased noise from URO 
removal activities will be insignificant.
    As described earlier, the URO removal action will generate a 
relatively small volume of material that will be transported from the 
site to a disposal facility. While local rail traffic will thus be 
increased, the small number of rail

[[Page 27012]]

cars required will have an insignificant cumulative impact on the 
transportation system in the St. Louis metropolitan area.
    The small short term negative impacts associated with the URO 
removal action are outweighed by the significant positive impact 
resulting from the removal of URO from the Mallinckrodt facility. 
Removing the URO from Plant 6W now will reduce the potential 
radiological dose to Mallinckrodt workers later, when such workers will 
be conducting Phase 2 decommissioning activities.

8. Agencies and Persons Consulted and Sources Used

    Much of the information contained in this EA was taken directly 
from the Mallinckrodt license amendment request and the USACE 
Feasibility Study. In preparation of the Feasibility Study, USACE 
consulted with the U.S. Fish and Wildlife Service and the State 
Historic Preservation Office. Since Plant 6W URO removal activities 
will be occurring at the same site as USACE decommissioning activities, 
with a much more limited scope, NRC has utilized the input of the U.S. 
Fish and Wildlife Service and the State Historic Preservation Office by 
reference of the Feasibility Study. NRC staff provided a draft of this 
EA to the State of Missouri for review, and the State's concerns were 
addressed in the final EA.

9. Conclusion

    Radiological exposures to workers and the public will be in 
accordance with 10 CFR Part 20 limits. NRC believes the amendment 
request contains sufficient controls to keep potential doses to workers 
and the public from direct exposure, airborne material, and released 
effluents, ALARA. The staff also believes that the remediation 
alternative proposed by Mallinckrodt minimizes the potential dose to 
workers and members of the public, and other environmental impacts.

10. List of Preparers

    This EA was prepared by John Buckley, Senior Project Manager, 
Division of Waste Management and Environmental Protection, Office of 
Federal and State Materials and Environmental Management Programs. No 
other sources were used beyond those referenced.

11. Finding of No Significant Impact

    Pursuant to 10 CFR Part 51, NRC has prepared this EA related to the 
approval of Mallinckrodt's license amendment request for removal of URO 
from Plant 6W. On the basis of this EA, NRC has concluded that this 
Federal action would not have any significant effect on the quality of 
the human environment and does not warrant the preparation of an 
Environmental Impact Statement. Accordingly, it has been determined 
that a Finding of No Significant Impact is appropriate.
    Since the conclusion of this EA is that the remediation of the 
Plant 6W URO burial trenches of Mallinckrodt's St. Louis Plant 
represents no significant risk to the public health and safety and the 
human environment, NRC concludes that there are no environmental 
justice issues related to the URO removal action.
    The aforementioned documents related to this proposed action are 
available for public inspection and copying at NRC's Public Document 
Room at One White Flint North, 11555 Rockville Pike, Rockville, MD 
20852-2738.

12. List of References

12.1 Mallinckrodt Chemical, Inc., Request for NRC License Amendment 
To Remove URO From Plant 6W, November 20, 2007.
12.2 Mallinckrodt Chemical, Inc., Mallinckrodt C-T Project 
Decommissioning Plan (DP), Part 1, January 18, 2001.
12.3 U.S. Army Corps of Engineers, Proposed Plan for the St. Louis 
Downtown Site, April 1998.
12.4 U.S. Army Corps of Engineers, Feasibility Study for the St. 
Louis Downtown Site, April 1998.
12.5 NRC, Policy and Guidance Directive FC 83-23, ``Termination of 
Byproduct, Source, and Special Nuclear Material Licenses,'' November 
1983.
12.6 NRC, 10 CFR part 20, ``Radiological Criteria for License 
Termination: Final Rule,'' July 1997.

FOR FURTHER INFORMATION CONTACT: John Buckley, Decommissioning and 
Uranium Recovery Licensing Directorate, Division of Waste Management 
and Environmental Protection, Office of Federal and State Materials and 
Environmental Protection Programs. Telephone: 301-415-6607, e-mail: 
john.buckley@nrc.gov.

    Dated at Rockville, Maryland, this 30th day of April 2008.

    For the Nuclear Regulatory Commission.
Rebecca Tadesse,
Acting Deputy Director, Decommissioning and Uranium Recovery Licensing 
Directorate, Division of Waste Management, and Environmental 
Protection, Office of Federal and State Materials and Environmental 
Protection Programs.
[FR Doc. E8-10482 Filed 5-9-08; 8:45 am]
BILLING CODE 7590-01-P