In the Matter of Stepan Company Maywood, New Jersey; Confirmatory Order Modifying License (Effective Immediately), 65886-65889 [E8-26375]

Download as PDF 65886 Federal Register / Vol. 73, No. 215 / Wednesday, November 5, 2008 / Notices Immigration Appeals (Board). Other: None. Abstract: Once the adjudicating official issues a practitioner disciplinary decision, either party or both parties may appeal the decision to the Board for de novo review of the record, pursuant to 8 CFR 1003.106(c). (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: It is estimated that 50 respondents will complete the form annually with an average of one hour per response. (6) An estimate of the total public burden (in hours) associated with the collection: There are an estimated 50 total burden hours associated with this collection annually. If additional information is required, contact: Lynn Bryant, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Patrick Henry Building, Suite 1600, 601 D Street, NW., Washington, DC 20530. Dated: October 30, 2008. Lynn Bryant, Department Clearance Officer, PRA, United States Department of Justice. [FR Doc. E8–26326 Filed 11–4–08; 8:45 am] BILLING CODE 4410–30–P DEPARTMENT OF LABOR Employment and Training Administration Public Meeting of the Advisory Committee on Apprenticeship (ACA) Employment and Training Administration, Labor. ACTION: Notice of an open ACA meeting. hsrobinson on PROD1PC76 with NOTICES AGENCY: SUMMARY: Pursuant to section 10 of the Federal Advisory Committee Act (Pub. L. 92–463; 5 U.S.C. APP. 1), notice is hereby given of an open meeting of the Advisory Committee on Apprenticeship (ACA). TIMES AND DATES: The meeting will begin at approximately 1 p.m. on Monday, November 17, and continue until approximately 5 p.m. The meeting will reconvene on Tuesday, November 18, at approximately 8:30 a.m. and continue until approximately 5 p.m. The meeting will begin at approximately 8:30 a.m. on Wednesday, November 19 and adjourn at approximately 12 p.m. Place: Loews L’Enfant Plaza, 480 L’Enfant Plaza, SW., Washington, DC, (202) 484–1000. The agenda is subject to change due to time constraints and priority items which may come before the Committee VerDate Aug<31>2005 17:24 Nov 04, 2008 Jkt 217001 between the time of this publication and the scheduled date of the ACA meeting. NUCLEAR REGULATORY COMMISSION Mr. John V. Ladd, Administrator, Office of Apprenticeship, Employment and Training Administration (ETA), U.S. Department of Labor, Room N–5311, 200 Constitution Avenue, NW., Washington, DC 20210. Telephone: (202) 693–2796, (this is not a toll-free number). [Docket No. 40–8610; License No. STC– 1333; EA–07–164] FOR FURTHER INFORMATION CONTACT: Matters To Be Considered The agenda will focus on the following topics: • Regulatory Updates. • Office of Apprenticeship Updates. • Integration and Partnerships with Registered Apprenticeship. • Shared Vision for the Future of the Registered Apprenticeship System. Status Members of the public are invited to attend the proceedings. Individuals with disabilities should contact Ms. Kenya Huckaby at (202) 693–3795 no later than Monday, November 10, 2008, if special accommodations are needed. Any member of the public who wishes to file written data or comments pertaining to the agenda may do so by sending the data or comments to Mr. John V. Ladd, Administrator, Office of Apprenticeship, U.S. Department of Labor, Room N–5311, 200 Constitution Avenue, NW., Washington, DC 20210. Such submissions should be sent by Monday, November 10, 2008, to be included in the record for the meeting. Any member of the public who wishes to speak at the meeting should indicate the nature of the intended presentation and the amount of time needed by furnishing a written statement to the Designated Federal Official, Mr. John V. Ladd, by Monday, November 10, 2008. The Chairperson will announce at the beginning of the meeting the extent to which time will permit the granting of such requests. Signed at Washington, DC, this 30th day of October 2008. Brent R. Orrell, Deputy Assistant Secretary for Employment and Training Administration. [FR Doc. E8–26363 Filed 11–4–08; 8:45 am] BILLING CODE 4510–FR–P PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 In the Matter of Stepan Company Maywood, New Jersey; Confirmatory Order Modifying License (Effective Immediately) Nuclear Regulatory Commission. ACTION: Notice. AGENCY: SUMMARY: This notice is to advise the Public of the issuance of a Confirmatory Order Modifying License No. STC–1333, held by the Stepan Company (Stepan or Licensee). The Order set forth below was issued to the Licensee on October 21, 2008, and includes an opportunity to request a hearing. Although the Order indicates any person adversely affected by the Confirmatory Order, other than the Licensee, may request a hearing within 20 days of its issuance, the public has 20 days from the publication of the Order in the Federal Register, in which to request a hearing. FOR FURTHER INFORMATION CONTACT: Amir Kouhestani, Project Manager, Special Projects Branch, Division of Waste Management and Environmental Protection, U.S. Nuclear Regulatory Commission, Washington, DC 20005– 0001. Telephone: (301) 415–0023; fax number: (301) 415–5369; e-mail; amir.kouhestani@nrc.gov. I Stepan Company (Stepan or Licensee) is the holder of U.S. Nuclear Regulatory Commission (NRC or Commission) License No. STC–1333 (License) issued by the NRC pursuant to 10 CFR Part 40. The License authorizes Stepan to possess thorium tailings in underground storage in three burial pits at Stepan Company, 100 West Hunter Avenue, Maywood, New Jersey. The license was issued on April 4, 1978, was most recently amended on November 5, 1987, and remains in effect. This possession only license is in timely renewal. II In accordance with the ‘‘Settlement Agreement—United States and Stepan Company,’’ dated November 12, 2004, on-site decontamination and remediation of the burial pits will be performed by the U.S. Army Corps of Engineers (USACE), as part of the Formerly Utilized Sites Remedial Action Program (FUSRAP), and pursuant to the Energy and Water Development Appropriations Acts for Fiscal Years 1998–2001 (Pub. L. Nos. 105–62, 105–245, 106–60, and 106–377, E:\FR\FM\05NON1.SGM 05NON1 hsrobinson on PROD1PC76 with NOTICES Federal Register / Vol. 73, No. 215 / Wednesday, November 5, 2008 / Notices respectively). Section 611 of Public Law 106–60 requires USACE to remediate FUSRAP sites in accordance with the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (CERLCA), 42 U.S.C. 9601 et seq., and the National Oil and Hazardous Substances Pollution Contingency Plan, 40 CFR Part 300. USACE, as provided for in section 121(e) of CERCLA and 40 CFR 300.400(e), is not required to obtain an NRC license for its on-site remediation activities conducted under its CERCLA authority. In accordance with Article III of the ‘‘Memorandum of Understanding Between the U.S. Nuclear Regulatory Commission and The U.S. Army Corps of Engineers for Coordination of Cleanup & Decommissioning of the Formerly Utilized Sites Remedial Action Program (FUSRAP) Sites With NRC-Licensed Facilities,’’ 66 FR 36606 (July 12, 2001), at the request of USACE, NRC will initiate action for the suspension of Stepan’s License or portions thereof, contingent upon USACE notifying NRC in writing, at least 90 days prior to USACE’s expected date of initiation of a site response action, that USACE is prepared to take possession of all or part of the licensed site for purposes of control of radiation from FUSRAP materials subject to NRC jurisdiction. Upon taking possession, USACE will be responsible for the protection of the public health and safety from those materials consistent with 10 CFR Part 20, ‘‘Standards for Protection Against Radiation.’’ Article III of the Memorandum of Understanding (MOU) further provides that USACE agrees to provide notification to NRC that it is prepared to take possession of the burial pits after USACE issues its final Record of Decision (ROD), and that USACE agrees to remediate the licensed site to meet at least the requirements of CERCLA and 10 CFR 20.1402. USACE issued its ROD for Soil and Buildings at the FUSRAP Maywood Superfund Site, Maywood, New Jersey in August 2003. The NRC has reviewed the ROD and concludes that the planned decommissioning and disposal of the burial materials in an NRC-licensed disposal facility, as proposed in the ROD, are consistent with the applicable provisions of the MOU between NRC and USACE. Article III of the MOU further provides that NRC licensing action for suspension of the License or portions thereof, will be effective subject to written notification by USACE to NRC that USACE has taken physical possession of the licensed site for purposes of radiation control and is now VerDate Aug<31>2005 17:24 Nov 04, 2008 Jkt 217001 responsible for the protection of the public health and safety consistent with the requirements of 10 CFR Part 20. Article III further states that USACE has no objection to, and will facilitate, NRC observing USACE in-process remediation activities. Finally, Article III of the MOU provides that following completion of its response action at the site, USACE shall provide NRC with a copy of the CERCLA Administrative Record. Article III of the MOU provides that NRC will reinstate the License or portions thereof, if USACE no longer controls the FUSRAP-related portion of the site for radiation protection purposes, is no longer proceeding with a response action under CERCLA, or has otherwise completed its response action. Article III of the MOU also provides that USACE will notify NRC in writing, at least 90 calendar days prior to USACE terminating its physical possession for purposes of control of radiation, so that NRC can initiate the process for reinstating the License. III By letter dated September 29, 2008, the Licensee agreed that: 1. The Licensee shall provide radiation protection for all material in its possession, whether contained in the three burial pits or elsewhere, as required by 10 CFR Part 20. This provision does not apply to material for which the license is suspended. 2. The License shall be suspended with respect to each burial pit after USACE takes physical possession of the burial pit. License suspension shall be effective upon the date of the written notification to NRC by USACE that it has taken physical possession of the burial pit for purposes of radiation control, and is now responsible for the protection of the public health and safety consistent with the requirements of 10 CFR Part 20. 3. The License shall be reinstated with respect to each burial pit: (a) After USACE notifies NRC in writing that USACE intends to terminate its physical possession of the burial pit for the purpose of radiation control; and (b) After USACE is no longer controlling the FUSRAP-related portion of the burial pit for radiation protection purposes, is no longer proceeding with a response action under CERCLA or has otherwise completed its response action at the burial pit; and (c) License reinstatement shall be effective when the Licensee reestablishes physical possession of the burial pit. The Licensee shall establish physical possession of the burial pit immediately after USACE vacates the PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 65887 burial pit. Within two business days after the Licensee establishes physical possession of the burial pit, the Licensee shall send written notification to NRC that it has done so and indicate when it did so. The Licensee shall send such notices to the Director, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and to the Chief, Special Projects Branch, Division of Waste Management and Environmental Protection at the same address. In addition, the Licensee consented to issuance of this Order with the commitments, as described above. The Licensee further agreed that this Order shall be effective upon issuance, and that it waives its right to a hearing with respect to this Order. Implementation of these commitments will provide enhanced assurance that sufficient resources will be applied to the radiation safety program, and that the program will be conducted safely and in accordance with NRC requirements. I find that the Licensee’s commitments as set forth above, are acceptable and necessary and conclude that with these commitments the public health and safety are reasonably assured. In view of the foregoing, I have determined that the public health and safety require that the Licensee’s commitments be confirmed by this Order. Based on the above and Licensee’s consent, this Order is immediately effective upon issuance. IV Accordingly, pursuant to Sections 81, 83, 84, 161b, 161i, 161o, 182 and 186 of the Atomic Energy Act of 1954, as amended, and the Commission’s regulations in 10 CFR 2.202 and 10 CFR Part 40, it is hereby ordered, effective immediately, that license No. STC–1333 is modified as follows: A. The Licensee shall provide radiation protection for all material in its possession, whether contained in the three burial pits or elsewhere, as required by 10 CFR Part 20. This provision does not apply to material for which the License is suspended. B. The License shall be suspended with respect to each burial pit after USACE takes physical possession of the burial pit. License suspension shall be effective upon the date of the written notification to NRC by USACE that it has taken physical possession of the burial pit for purposes of radiation control, and is now responsible for the protection of the public health and safety consistent with the requirements of 10 CFR Part 20. E:\FR\FM\05NON1.SGM 05NON1 65888 Federal Register / Vol. 73, No. 215 / Wednesday, November 5, 2008 / Notices C. The License shall be reinstated with respect to each burial pit: (1) After USACE notifies NRC in writing that USACE intends to terminate its physical possession of the burial pit for the purpose of radiation control; and (2) After USACE is no longer controlling the FUSRAP-related portion of the burial pit for radiation protection purposes, is no longer proceeding with a response action at the burial pit under CERCLA, or has otherwise completed its response action for the burial pit; and (3) License reinstatement shall be effective when the Licensee reestablishes physical possession of the burial pit. The Licensee shall establish physical possession of the burial pit immediately after USACE vacates the burial pit. Within two business days after the Licensee establishes physical possession of the burial pit, the Licensee shall send written notification to NRC that it has done so and indicate when it did so. The Licensee shall send such notices to the Director, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and to the Chief, Special Projects Branch, Division of Waste Management and Environmental Protection at the same address. The Director, Office of Federal and State Materials and Environmental Management Programs, may, in writing, relax or rescind any of the above conditions upon demonstration by the Licensee of good cause. hsrobinson on PROD1PC76 with NOTICES V Any person adversely affected by this Confirmatory Order, other than the Licensee, may request a hearing within 20 days of its issuance. Where good cause is shown, consideration will be given to extending the time to request a hearing. A request for extension of time must be made in writing to the Director, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001, and include a statement of good cause for the extension. A request for a hearing must be filed in accordance with the NRC E-Filing rule, which the NRC promulgated in August 2007, 72 F R 49,139 (Aug. 28, 2007). The E-Filing process requires participants to submit and serve documents over the internet or, in some cases, to mail copies on electronic optical storage media. Participants may not submit paper copies of their filings unless they seek a waiver in accordance with the procedures described below. To comply with the procedural requirements associated with E-Filing, VerDate Aug<31>2005 17:24 Nov 04, 2008 Jkt 217001 at least five days prior to the filing deadline the requestor must contact the Office of the Secretary by e-mail at HEARINGSDOCKET@NRC.GOV, or by calling (301) 415–1677, to request: (1) A digital ID certificate, which allows the participant (or its counsel or representative) to digitally sign documents and access the E-Submittal server for any NRC proceeding in which it is participating; and/or; (2) creation of an electronic docket for the proceeding (even in instances when the requestor (or its counsel or representative) already holds an NRC-issued digital ID certificate). Each requestor will need to download the Workplace Forms ViewerTM to access the Electronic Information Exchange (EIE), a component of the E-Filing system. The Workplace Forms ViewerTM is free and is available at http://www.nrc.gov/sitehelp/e-submittals/install-viewer.html. Information about applying for a digital ID certificate also is available on NRC’s public Web site at http://www.nrc.gov/ site-help/e-submittals/applycertificates.html. Once a requestor has obtained a digital ID certificate, had a docket created, and downloaded the EIE viewer, it can then submit a request for a hearing through EIE. Submissions should be in Portable Document Format (PDF) in accordance with NRC guidance available on the NRC public Web site at http://www.nrc.gov/site-help/esubmittals.html. A filing is considered complete at the time the filer submits its document through EIE. To be timely, electronic filings must be submitted to the EIE 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 e-mail notice confirming receipt of the document. The EIE system also distributes an e-mail notice that provides access to the document to the NRC 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, any others who wish to participate in the proceeding (or their counsel or representative) must apply for and receive a digital ID certificate before a hearing request is filed so that they may obtain access to the document via the EFiling system. A person filing electronically may seek assistance through the ‘‘Contact Us’’ link located on the NRC Web site at http://www.nrc.gov/site-help/esubmittals.html or by calling the NRC technical help line, which is available PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 between 8:30 a.m. and 4:15 p.m., Eastern Time, Monday through Friday. The help line number is (800) 397–4209 or locally, (301) 415–4737. Participants who believe that they have good cause for not submitting documents electronically must file a motion, in accordance with 10 CFR 2.302(g), with their initial paper filing 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, Sixteenth Floor, One White Flint North, 11555 Rockville, Pike, Rockville, Maryland, 20852, Attention: Rulemaking and Adjudications Staff. Participants filing a document in this manner are responsible for serving the document on all other participants. Filing is considered complete by firstclass 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. Documents submitted in adjudicatory proceedings will appear in NRC’s electronic hearing docket which is available to the public at http:// ehd.nrc.gov/EHD_Proceeding/home.asp unless excluded pursuant to an order of the Commission, an Atomic Safety and Licensing Board, or a Presiding Officer. Participants are requested not to include personal privacy information, such as social security numbers, home addresses, or home phone numbers in their filings. 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 works. If a person other than the Licensee requests a hearing, that person shall set forth with particularity the manner in which his interest is adversely affected by this Order and shall address the criteria set forth in 10 CFR 2.309(d) and (f). If a hearing is requested by a person whose interest is adversely affected, the Commission will issue an Order designating the time and place of any hearing. If a hearing is held, the issue to be considered at such hearing shall be whether this Confirmatory Order should be sustained. In the absence of any request for hearing, or written approval of an extension of time in which to request a E:\FR\FM\05NON1.SGM 05NON1 Federal Register / Vol. 73, No. 215 / Wednesday, November 5, 2008 / Notices hearing, the provisions specified in Section IV above shall be final 20 days from the date of this Order without further order or proceedings. If an extension of time for requesting a hearing has been approved, the provisions specified in Section IV shall be final when the extension expires if a hearing request has not been received. An answer or a request for hearing shall not stay the immediate effectiveness of this order. Dated this 21st day of October 2008. For the U.S. Nuclear Regulatory Commission. Charles L. Miller, Deputy Director, Office of Federal and State Materials, and Environmental Management Programs. [FR Doc. E8–26375 Filed 11–4–08; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 52–008; Early Site Permit] In the Matter of Dominion Nuclear North Anna, LLC, Virginia Electric and Power Company, and Old Dominion Electric Cooperative (ESP for North Anna ESP Site); Order Approving Transfer of Early Site Permit and Conforming Amendment I. hsrobinson on PROD1PC76 with NOTICES Dominion Nuclear North Anna, LLC (DNNA) holds Early Site Permit 003 (ESP–003) issued on November 27, 2007, pursuant to Section 52.24 ‘‘Issuance of Early Site Permit,’’ of Title 10 of the Code of Federal Regulations (10 CFR Section 52.24). The permit expires on November 27, 2027. II. Under cover of a letter dated April 24, 2008, DNNA, Virginia Electric and Power Company, doing business as Dominion Virginia Power (DVP), and Old Dominion Electric Cooperative (ODEC), submitted an application requesting an order consenting to the transfer of ESP–003 from DNNA to DVP and ODEC. The application also requests approval of a conforming amendment to ESP–003 to delete references to DNNA, reflect DVP and ODEC as the permit holders, and delete certain provisions that are no longer applicable because they applied only to DNNA. According to the application, transfer of the early site permit to DVP and ODEC will allow DVP to take advantage of the incentives and rate treatment afforded under new legislation enacted by the Commonwealth of Virginia to regulated VerDate Aug<31>2005 17:24 Nov 04, 2008 Jkt 217001 public utilities. DVP is a regulated public utility in Virginia. Additionally, DVP and ODEC are the owners of the North Anna Power Station (NAPS) and DVP is the licensed operator of the existing nuclear units at that site. Further, DVP and ODEC submitted a joint application on November 27, 2007, for a combined license (COL) for a new Unit 3 at NAPS. According to the application, transferring the ESP to DVP and ODEC will consolidate the responsibility for the ESP and the COL application into entities that are seeking a license to own and operate the new unit, and will thus facilitate the licensing process. To effectuate DVP’s assumption of responsibilities for activities previously performed by DNNA, DNNA will be merged into DVP with DVP being the surviving entity. DVP will then assume all of DNNA’s rights and obligations, including all rights and obligations under the ESP. The merger will become effective after receipt of required regulatory approvals, which include in addition to this Order, approval of the merger by the Virginia State Corporation Commission and the North Carolina Utilities Commission. The applicants requested approval of the transfer of the ESP and conforming amendment pursuant to 10 CFR 52.28, 10 CFR 50.80, and 10 CFR 50.90. Notice of the request for approval and opportunity for a hearing were published in the Federal Register on August 27, 2008 (73 FR 50647). No comments and no requests for hearing or petitions for leave to intervene were received. Pursuant to 10 CFR 52.28 and 10 CFR 50.80, no ESP, shall be transferred, directly or indirectly, through transfer of control of the ESP to any person, unless the Commission gives its consent in writing. Upon review of the information in the application and other information before the Commission, and relying upon the representations and agreements contained in the application, the NRC staff has determined that DVP and ODEC are qualified to hold ESP–003, and the transfer of ESP–003, as proposed in the application is otherwise consistent with applicable provisions of law, regulations, and orders issued by the Commission. The NRC staff has also found that the application for the proposed conforming amendment to the ESP complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission’s rules and regulations set forth in 10 CFR Chapter I; activities at the site will be in conformity with the application, the provisions of the Act, and the rules and regulations of the PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 65889 Commission; there is reasonable assurance that the activities authorized by the proposed ESP conforming amendment can be conducted without endangering the health and safety of the public and that such activities will be conducted in compliance with the Commission’s regulations; the issuance of the proposed conforming amendment will not be inimical to the common defense and security or to the health and safety of the public; and issuance of the proposed amendment will be in accordance with 10 CFR Part 51 of the Commission’s regulations and all applicable requirements have been satisfied. The findings set forth above are supported by an NRC safety evaluation dated October 6, 2008. III. Accordingly, pursuant to Sections 161b, 161i, and 184 of the Act, 42 U.S.C. Sections 2201(b), 2201(i), and 2234; 10 CFR 52.28 and 10 CFR 50.80, it is hereby ordered that the transfer of the ESP, as described herein, to Virginia Electric and Power Company doing business as Dominion Virginia Power (DVP), and the Old Dominion Electric Cooperative (ODEC) is approved. It is further ordered that, consistent with 10 CFR 2.1315(b), a conforming amendment that makes changes as indicated in Enclosure 2 to the cover letter forwarding this Order, to conform the ESP to reflect the subject permit transfer is approved. The amendment shall be issued and made effective at the time such proposed ESP transfer is completed. It is further ordered that DVP and ODEC shall inform the Director of the Office of New Reactors in writing of the date of the merger of DNNA into DVP no later than 5 business days prior to the closing of the merger and transfer of the ESP. Should the transfer of the ESP not be completed by October 30, 2009, this Order shall become null and void, provided however, that upon written application and good cause shown, such date may be extended by order. This Order is effective upon issuance. For further details with respect to this action, see the application dated April 24, 2008, and the safety evaluation dated October 6, 2008, which are available for public inspection at the Commission’s Public Document Room (PDR), located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland, and accessible electronically from the Agencywide Documents Access and Management System (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/ E:\FR\FM\05NON1.SGM 05NON1

Agencies

[Federal Register Volume 73, Number 215 (Wednesday, November 5, 2008)]
[Notices]
[Pages 65886-65889]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-26375]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 40-8610; License No. STC-1333; EA-07-164]


 In the Matter of Stepan Company Maywood, New Jersey; 
Confirmatory Order Modifying License (Effective Immediately)

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice.

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SUMMARY: This notice is to advise the Public of the issuance of a 
Confirmatory Order Modifying License No. STC-1333, held by the Stepan 
Company (Stepan or Licensee). The Order set forth below was issued to 
the Licensee on October 21, 2008, and includes an opportunity to 
request a hearing. Although the Order indicates any person adversely 
affected by the Confirmatory Order, other than the Licensee, may 
request a hearing within 20 days of its issuance, the public has 20 
days from the publication of the Order in the Federal Register, in 
which to request a hearing.

FOR FURTHER INFORMATION CONTACT: Amir Kouhestani, Project Manager, 
Special Projects Branch, Division of Waste Management and Environmental 
Protection, U.S. Nuclear Regulatory Commission, Washington, DC 20005-
0001. Telephone: (301) 415-0023; fax number: (301) 415-5369; e-mail; 
amir.kouhestani@nrc.gov.

I

    Stepan Company (Stepan or Licensee) is the holder of U.S. Nuclear 
Regulatory Commission (NRC or Commission) License No. STC-1333 
(License) issued by the NRC pursuant to 10 CFR Part 40. The License 
authorizes Stepan to possess thorium tailings in underground storage in 
three burial pits at Stepan Company, 100 West Hunter Avenue, Maywood, 
New Jersey. The license was issued on April 4, 1978, was most recently 
amended on November 5, 1987, and remains in effect. This possession 
only license is in timely renewal.

II

    In accordance with the ``Settlement Agreement--United States and 
Stepan Company,'' dated November 12, 2004, on-site decontamination and 
remediation of the burial pits will be performed by the U.S. Army Corps 
of Engineers (USACE), as part of the Formerly Utilized Sites Remedial 
Action Program (FUSRAP), and pursuant to the Energy and Water 
Development Appropriations Acts for Fiscal Years 1998-2001 (Pub. L. 
Nos. 105-62, 105-245, 106-60, and 106-377,

[[Page 65887]]

respectively). Section 611 of Public Law 106-60 requires USACE to 
remediate FUSRAP sites in accordance with the Comprehensive 
Environmental Response, Compensation and Liability Act of 1980, as 
amended (CERLCA), 42 U.S.C. 9601 et seq., and the National Oil and 
Hazardous Substances Pollution Contingency Plan, 40 CFR Part 300. 
USACE, as provided for in section 121(e) of CERCLA and 40 CFR 
300.400(e), is not required to obtain an NRC license for its on-site 
remediation activities conducted under its CERCLA authority.
    In accordance with Article III of the ``Memorandum of Understanding 
Between the U.S. Nuclear Regulatory Commission and The U.S. Army Corps 
of Engineers for Coordination of Cleanup & Decommissioning of the 
Formerly Utilized Sites Remedial Action Program (FUSRAP) Sites With 
NRC-Licensed Facilities,'' 66 FR 36606 (July 12, 2001), at the request 
of USACE, NRC will initiate action for the suspension of Stepan's 
License or portions thereof, contingent upon USACE notifying NRC in 
writing, at least 90 days prior to USACE's expected date of initiation 
of a site response action, that USACE is prepared to take possession of 
all or part of the licensed site for purposes of control of radiation 
from FUSRAP materials subject to NRC jurisdiction. Upon taking 
possession, USACE will be responsible for the protection of the public 
health and safety from those materials consistent with 10 CFR Part 20, 
``Standards for Protection Against Radiation.''
    Article III of the Memorandum of Understanding (MOU) further 
provides that USACE agrees to provide notification to NRC that it is 
prepared to take possession of the burial pits after USACE issues its 
final Record of Decision (ROD), and that USACE agrees to remediate the 
licensed site to meet at least the requirements of CERCLA and 10 CFR 
20.1402. USACE issued its ROD for Soil and Buildings at the FUSRAP 
Maywood Superfund Site, Maywood, New Jersey in August 2003. The NRC has 
reviewed the ROD and concludes that the planned decommissioning and 
disposal of the burial materials in an NRC-licensed disposal facility, 
as proposed in the ROD, are consistent with the applicable provisions 
of the MOU between NRC and USACE.
    Article III of the MOU further provides that NRC licensing action 
for suspension of the License or portions thereof, will be effective 
subject to written notification by USACE to NRC that USACE has taken 
physical possession of the licensed site for purposes of radiation 
control and is now responsible for the protection of the public health 
and safety consistent with the requirements of 10 CFR Part 20. Article 
III further states that USACE has no objection to, and will facilitate, 
NRC observing USACE in-process remediation activities. Finally, Article 
III of the MOU provides that following completion of its response 
action at the site, USACE shall provide NRC with a copy of the CERCLA 
Administrative Record.
    Article III of the MOU provides that NRC will reinstate the License 
or portions thereof, if USACE no longer controls the FUSRAP-related 
portion of the site for radiation protection purposes, is no longer 
proceeding with a response action under CERCLA, or has otherwise 
completed its response action. Article III of the MOU also provides 
that USACE will notify NRC in writing, at least 90 calendar days prior 
to USACE terminating its physical possession for purposes of control of 
radiation, so that NRC can initiate the process for reinstating the 
License.

III

    By letter dated September 29, 2008, the Licensee agreed that:
    1. The Licensee shall provide radiation protection for all material 
in its possession, whether contained in the three burial pits or 
elsewhere, as required by 10 CFR Part 20. This provision does not apply 
to material for which the license is suspended.
    2. The License shall be suspended with respect to each burial pit 
after USACE takes physical possession of the burial pit. License 
suspension shall be effective upon the date of the written notification 
to NRC by USACE that it has taken physical possession of the burial pit 
for purposes of radiation control, and is now responsible for the 
protection of the public health and safety consistent with the 
requirements of 10 CFR Part 20.
    3. The License shall be reinstated with respect to each burial pit:
    (a) After USACE notifies NRC in writing that USACE intends to 
terminate its physical possession of the burial pit for the purpose of 
radiation control; and
    (b) After USACE is no longer controlling the FUSRAP-related portion 
of the burial pit for radiation protection purposes, is no longer 
proceeding with a response action under CERCLA or has otherwise 
completed its response action at the burial pit; and
    (c) License reinstatement shall be effective when the Licensee 
reestablishes physical possession of the burial pit. The Licensee shall 
establish physical possession of the burial pit immediately after USACE 
vacates the burial pit. Within two business days after the Licensee 
establishes physical possession of the burial pit, the Licensee shall 
send written notification to NRC that it has done so and indicate when 
it did so. The Licensee shall send such notices to the Director, Office 
of Federal and State Materials and Environmental Management Programs, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555, and to the 
Chief, Special Projects Branch, Division of Waste Management and 
Environmental Protection at the same address.
    In addition, the Licensee consented to issuance of this Order with 
the commitments, as described above. The Licensee further agreed that 
this Order shall be effective upon issuance, and that it waives its 
right to a hearing with respect to this Order.
    Implementation of these commitments will provide enhanced assurance 
that sufficient resources will be applied to the radiation safety 
program, and that the program will be conducted safely and in 
accordance with NRC requirements.
    I find that the Licensee's commitments as set forth above, are 
acceptable and necessary and conclude that with these commitments the 
public health and safety are reasonably assured. In view of the 
foregoing, I have determined that the public health and safety require 
that the Licensee's commitments be confirmed by this Order. Based on 
the above and Licensee's consent, this Order is immediately effective 
upon issuance.

IV

    Accordingly, pursuant to Sections 81, 83, 84, 161b, 161i, 161o, 182 
and 186 of the Atomic Energy Act of 1954, as amended, and the 
Commission's regulations in 10 CFR 2.202 and 10 CFR Part 40, it is 
hereby ordered, effective immediately, that license No. STC-1333 is 
modified as follows:
    A. The Licensee shall provide radiation protection for all material 
in its possession, whether contained in the three burial pits or 
elsewhere, as required by 10 CFR Part 20. This provision does not apply 
to material for which the License is suspended.
    B. The License shall be suspended with respect to each burial pit 
after USACE takes physical possession of the burial pit. License 
suspension shall be effective upon the date of the written notification 
to NRC by USACE that it has taken physical possession of the burial pit 
for purposes of radiation control, and is now responsible for the 
protection of the public health and safety consistent with the 
requirements of 10 CFR Part 20.

[[Page 65888]]

    C. The License shall be reinstated with respect to each burial pit:
    (1) After USACE notifies NRC in writing that USACE intends to 
terminate its physical possession of the burial pit for the purpose of 
radiation control; and
    (2) After USACE is no longer controlling the FUSRAP-related portion 
of the burial pit for radiation protection purposes, is no longer 
proceeding with a response action at the burial pit under CERCLA, or 
has otherwise completed its response action for the burial pit; and
    (3) License reinstatement shall be effective when the Licensee 
reestablishes physical possession of the burial pit. The Licensee shall 
establish physical possession of the burial pit immediately after USACE 
vacates the burial pit. Within two business days after the Licensee 
establishes physical possession of the burial pit, the Licensee shall 
send written notification to NRC that it has done so and indicate when 
it did so. The Licensee shall send such notices to the Director, Office 
of Federal and State Materials and Environmental Management Programs, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555, and to the 
Chief, Special Projects Branch, Division of Waste Management and 
Environmental Protection at the same address.
    The Director, Office of Federal and State Materials and 
Environmental Management Programs, may, in writing, relax or rescind 
any of the above conditions upon demonstration by the Licensee of good 
cause.

V

    Any person adversely affected by this Confirmatory Order, other 
than the Licensee, may request a hearing within 20 days of its 
issuance. Where good cause is shown, consideration will be given to 
extending the time to request a hearing. A request for extension of 
time must be made in writing to the Director, Office of Federal and 
State Materials and Environmental Management Programs, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, and include a 
statement of good cause for the extension.
    A request for a hearing must be filed in accordance with the NRC E-
Filing rule, which the NRC promulgated in August 2007, 72 F R 49,139 
(Aug. 28, 2007). The E-Filing process requires participants to submit 
and serve documents over the internet or, in some cases, to mail copies 
on electronic optical storage media. Participants may not submit paper 
copies of their filings unless they seek a waiver in accordance with 
the procedures described below.
    To comply with the procedural requirements associated with E-
Filing, at least five days prior to the filing deadline the requestor 
must contact the Office of the Secretary by e-mail at 
HEARINGSDOCKET@NRC.GOV, or by calling (301) 415-1677, to request: (1) A 
digital ID certificate, which allows the participant (or its counsel or 
representative) to digitally sign documents and access the E-Submittal 
server for any NRC proceeding in which it is participating; and/or; (2) 
creation of an electronic docket for the proceeding (even in instances 
when the requestor (or its counsel or representative) already holds an 
NRC-issued digital ID certificate). Each requestor will need to 
download the Workplace Forms Viewer\TM\ to access the Electronic 
Information Exchange (EIE), a component of the E-Filing system. The 
Workplace Forms Viewer\TM\ is free and is available at http://
www.nrc.gov/site-help/e-submittals/install-viewer.html. Information 
about applying for a digital ID certificate also is available on NRC's 
public Web site at http://www.nrc.gov/site-help/e-submittals/apply-
certificates.html. Once a requestor has obtained a digital ID 
certificate, had a docket created, and downloaded the EIE viewer, it 
can then submit a request for a hearing through EIE. Submissions should 
be in Portable Document Format (PDF) in accordance with NRC guidance 
available on the NRC public Web site at http://www.nrc.gov/site-help/e-
submittals.html. A filing is considered complete at the time the filer 
submits its document through EIE. To be timely, electronic filings must 
be submitted to the EIE 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 e-mail notice confirming 
receipt of the document. The EIE system also distributes an e-mail 
notice that provides access to the document to the NRC 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, any others who wish to participate in the proceeding (or 
their counsel or representative) must apply for and receive a digital 
ID certificate before a hearing request is filed so that they may 
obtain access to the document via the E-Filing system.
    A person filing electronically may seek assistance through the 
``Contact Us'' link located on the NRC Web site at http://www.nrc.gov/
site-help/e-submittals.html or by calling the NRC technical help line, 
which is available between 8:30 a.m. and 4:15 p.m., Eastern Time, 
Monday through Friday. The help line number is (800) 397-4209 or 
locally, (301) 415-4737.
    Participants who believe that they have good cause for not 
submitting documents electronically must file a motion, in accordance 
with 10 CFR 2.302(g), with their initial paper filing 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, Sixteenth Floor, One 
White Flint North, 11555 Rockville, Pike, Rockville, Maryland, 20852, 
Attention: Rulemaking and Adjudications Staff. Participants filing a 
document 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.
    Documents submitted in adjudicatory proceedings will appear in 
NRC's electronic hearing docket which is available to the public at 
http://ehd.nrc.gov/EHD_Proceeding/home.asp unless excluded pursuant to 
an order of the Commission, an Atomic Safety and Licensing Board, or a 
Presiding Officer. Participants are requested not to include personal 
privacy information, such as social security numbers, home addresses, 
or home phone numbers in their filings. 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 works.
    If a person other than the Licensee requests a hearing, that person 
shall set forth with particularity the manner in which his interest is 
adversely affected by this Order and shall address the criteria set 
forth in 10 CFR 2.309(d) and (f).
    If a hearing is requested by a person whose interest is adversely 
affected, the Commission will issue an Order designating the time and 
place of any hearing. If a hearing is held, the issue to be considered 
at such hearing shall be whether this Confirmatory Order should be 
sustained.
    In the absence of any request for hearing, or written approval of 
an extension of time in which to request a

[[Page 65889]]

hearing, the provisions specified in Section IV above shall be final 20 
days from the date of this Order without further order or proceedings. 
If an extension of time for requesting a hearing has been approved, the 
provisions specified in Section IV shall be final when the extension 
expires if a hearing request has not been received. An answer or a 
request for hearing shall not stay the immediate effectiveness of this 
order.

    Dated this 21st day of October 2008.

    For the U.S. Nuclear Regulatory Commission.
Charles L. Miller,
Deputy Director, Office of Federal and State Materials, and 
Environmental Management Programs.
[FR Doc. E8-26375 Filed 11-4-08; 8:45 am]
BILLING CODE 7590-01-P