Acceptance Decision for the Unrestricted Use of the Former Michigan Chemical Company-Breckenridge Disposal Site, 18270-18271 [2012-7314]

Download as PDF 18270 Federal Register / Vol. 77, No. 59 / Tuesday, March 27, 2012 / Notices NUCLEAR REGULATORY COMMISSION [Docket No. 040–06264 (Terminated); NRC– 2012–0077] Acceptance Decision for the Unrestricted Use of the Former Michigan Chemical Company— Breckenridge Disposal Site Nuclear Regulatory Commission. ACTION: Notice of acceptability. AGENCY: FOR FURTHER INFORMATION CONTACT: mstockstill on DSK4VPTVN1PROD with NOTICES Eugenio (Gene) A. Bonano, Project Manager, MCID Branch, Division of Nuclear Materials Safety, Region III, U.S. Nuclear Regulatory Commission, Lisle, Illinois 60532–4352; telephone: 1–(630) 829–9826; fax number: 1–(630) 515–1259; email: eugenio.bonano@nrc.gov. SUPPLEMENTARY INFORMATION: The U.S. Nuclear Regulatory Commission (NRC) is noticing the acceptability for unrestricted use of the Former Michigan Chemical Company (MCC), Breckenridge Disposal Site (BDS) (also known as NWI Breckenridge) near Breckenridge, Michigan. This site operated under the authority of U.S. Atomic Energy Commission (AEC) license number SMB–00833, which was terminated in 1971. I. Introduction The MCC, a subsidiary of Velsicol Corporation, operated a rare-earth metals processing plant from 1967 through 1970 in St. Louis, Michigan. The plant manufactured an array of chemical products; the products manufactured were fire retardant materials, insecticides, animal food supplements, and rare earth oxides. The manufacture of rare-earth oxides at the St. Louis plant generated a dense, clay-like waste known as ‘‘filter cake,’’ which contained elevated levels of uranium and thorium, two naturallyoccurring radioactive materials. The radioactive filter cake was buried at the BDS. Burial of the filter cake at the BDS was permitted under AEC license number SMB–00833 and regulations in effect at the time. After the filter cake was buried, the AEC terminated the license in 1971, concluding that the BDS was suitable for unrestricted use. Several years after the license was terminated, residual radioactive contamination above NRC limits was found at the BDS. The NRC contacted the site owner to determine how it planned to remediate the problem. On April 14, 1999, the NRC issued a letter to NWI Land Management (NWI), VerDate Mar<15>2010 17:14 Mar 26, 2012 Jkt 226001 then-owner of the BDS, directing NWI to clean up the site under the regulatory framework of Title 10 of the Code of Federal Regulations (10 CFR) part 20, Subpart E, ‘‘Radiological Criteria for License Termination.’’ Action on the NRC’s request was delayed when NWI and its parent company, Fruit of the Loom, declared bankruptcy in 1999; a bankruptcy settlement was reached between the United States government and Fruit of the Loom in 2002. As part of the bankruptcy settlement, Fruit of the Loom and NWI gave title to the BDS to a Custodial Trust, which was established to remediate the BDS using the framework set forth in 10 CFR part 20, Subpart E. Under the terms of the settlement, the Custodial Trust was not subject to NRC licensing or enforcement authority, but would consult with NRC in its development and application of a remediation plan for the BDS. The NRC’s role in the remediation has been to provide technical assistance to the Custodial Trust and independent verification of site remediation. II. Summary The Custodial Trust hired a contractor to complete remediation of the BDS. Through its contractor, the Custodial Trust completed remediation and final status surveys (FSS) of the BDS in September 2011, and in October 2011, submitted a final status survey report (FSSR) to the NRC for its review and approval. Prior to receiving the FSSR, the NRC had conducted 25 inspections of the contractor’s decommissioning activities between May 2010 and September 2011. Specifically, the NRC inspections were performed to ensure compliance with the contractor’s NRC-approved remedial work plans (RWP) and NRC safety regulations. The inspectors also performed independent confirmatory radiological surveys of site survey units as defined in the contractor’s RWP (ML110590136) and FSS plans (ML11279A019). On January 3, 2012, the NRC completed its review of the contractor’s final status survey report (FSSR) for the BDS, which is available for public review in the NRC’s Agencywide Documents Access and Management System (ADAMS) using the Accession Number ML12004A051. The NRC staff’s review confirmed that the FSSR was adequate to demonstrate compliance with the radiological criteria for unrestricted use per 10 CFR part 20 Appendix E for the BDS. The FSS results demonstrated that each survey unit met the radiological criteria for unrestricted use. Radiological surveys and soil sampling data were consistent PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 with the data quality objectives as described in the FSSR, work plans, and the NRC’s NUREG–1757, ‘‘Consolidated Decommissioning Guidance— Characterization, Survey, and Determination of Radiological Criteria,’’ and NUREG–1575, ‘‘Multi-Agency Radiation Survey and Site Investigation Manual (MARSSIM).’’ Residual radioactivity at the BDS is below the regulatory dose limit to an average member of a critical group and does not exceed 25 mrem per year as specified in 10 CFR 20.1402, ‘‘Radiological Criteria for Unrestricted Use;’’ there is reasonable assurance that the health and safety of the public will not be endangered by the unrestricted use of the BDS. III. Conclusion Based on the NRC’s 25 onsite inspections, the NRC’s independent and confirmatory surveys, and the NRC staff’s review of the FSSR for the BDS, the NRC concluded that the BDS radiological status was consistent with the provisions of 10 CFR part 20, ‘‘Standards for Protection against Radiation,’’ 10 CFR 20.1402, ‘‘Radiological Criteria for Unrestricted Use;’’ therefore, the site can be released for unrestricted use. The NRC involvement with this site is now considered ended, and no further actions regarding this project are planned unless new information is identified that would alter the NRC’s conclusion. The NRC staff documented its review of the remediation activities, FSSs, and the FSSR in a Safety Evaluation Report (SER) (ML12052A066). IV. Further Information Documents related to this action, including the FSSR, NRC Inspection Reports, SER and supporting documentation, are available online in the NRC Library at https://www.nrc.gov/ reading-rm/adams.html. From this site, you can access ADAMS, which provides text and image files of the NRC’s public documents. The ADAMS accession numbers for the documents related to this notice are listed as an attachment at the end of the SER (ML12052A066). If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the NRC’s Public Document Room (PDR) Reference staff at 1–800–397–4209, 301– 415–4737 or by email to pdr.resource@nrc.gov. These documents may also be viewed electronically on the public computers located at the NRC’s PDR, Room O1– F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland E:\FR\FM\27MRN1.SGM 27MRN1 Federal Register / Vol. 77, No. 59 / Tuesday, March 27, 2012 / Notices 20852. The PDR reproduction contractor will copy documents for a fee. Dated at Lisle, Illinois this 20th day of March, 2012. For the Nuclear Regulatory Commission. Aaron T. McCraw, Acting Chief, Materials Control, ISFSI, and Decommissioning Branch, Division of Nuclear Materials Safety, Region III. [FR Doc. 2012–7314 Filed 3–26–12; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION Weeks of March 26, April 2, 9, 16, 23, 30, 2012. PLACE: Commissioners’ Conference Room, 11555 Rockville Pike, Rockville, Maryland. STATUS: Public and Closed. DATE: Week of March 26, 2012 Tuesday, March 27, 2012 8:55 a.m. Affirmation Session (Public Meeting) (Tentative) a. FirstEnergy Nuclear Operating Co. (Davis-Besse Nuclear Power Station, Unit 1), Appeal of LBP–11–13 (Apr. 26, 2011), Docket No. 50–346–LR (Tentative). This meeting will be webcast live at the Web address—www.nrc.gov. 9 a.m. Briefing on License Renewal for Research and Test Reactors, (Public Meeting), (Contact: Jessie Quichocho, 301–415–0209). This meeting will be webcast live at the Web address—www.nrc.gov. Week of April 2, 2012—Tentative Tuesday April 3, 2012 9:30 a.m. Meeting with Organization of Agreement States (OAS) and Conference of Radiation Control Program Directors (CRCPD), (Public Meeting), (Contact: Cindy Flannery, 301–415–0223). This meeting will be webcast live at the Web address—www.nrc.gov. Week of April 9, 2012—Tentative mstockstill on DSK4VPTVN1PROD with NOTICES Week of April 23, 2012—Tentative Tuesday, April 24, 2012 9 a.m. Briefing on Part 35 Medical Events Definitions—Permanent Implant Brachytherapy (Public Meeting), (Contact: Michael Fuller, 301–415–0520). This meeting will be webcast live at the Web address—www.nrc.gov. Monday, April 30, 2012 Notice of Sunshine Act Meeting Tuesday, April 10, 2012 9 a.m. Briefing on the Final Report of the Blue Ribbon Commission on America’s Nuclear Future (Public Meeting), (Contact: Alicia Mullins, 301–492–3351). This meeting will be webcast live at the Web address—www.nrc.gov. 17:14 Mar 26, 2012 There are no meetings scheduled for the week of April 16, 2012. Week of April 30, 2012—Tentative [NRC–2012–0002] VerDate Mar<15>2010 Week of April 16, 2012—Tentative Jkt 226001 9:30 a.m. Briefing on Human Capital and Equal Employment Opportunity, (EEO) (Public Meeting) (Contact: Kristin Davis, 301–492–2208). This meeting will be webcast live at the Web address—www.nrc.gov. * * * * * *The schedule for Commission meetings is subject to change on short notice. To verify the status of meetings, call (recording)—301–415–1292. Contact person for more information: Rochelle Bavol, 301–415–1651. * * * * * The NRC Commission Meeting Schedule can be found on the Internet at: https://www.nrc.gov/public-involve/ public-meetings/schedule.html. * * * * * The NRC provides reasonable accommodation to individuals with disabilities where appropriate. If you need a reasonable accommodation to participate in these public meetings, or need this meeting notice or the transcript or other information from the public meetings in another format (e.g. braille, large print), please notify Bill Dosch, Chief, Work Life and Benefits Branch, at 301–415–6200, TDD: 301– 415–2100, or by email at william.dosch@nrc.gov. Determinations on requests for reasonable accommodation will be made on a caseby-case basis. * * * * * This notice is distributed electronically to subscribers. If you no longer wish to receive it, or would like to be added to the distribution, please contact the Office of the Secretary, Washington, DC 20555 (301–415–1969), or send an email to darlene.wright@nrc.gov. Dated: March 22, 2012. Rochelle C. Bavol, Policy Coordinator, Office of the Secretary. [FR Doc. 2012–7435 Filed 3–23–12; 4:15 pm] BILLING CODE 7590–01–P PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 18271 NUCLEAR REGULATORY COMMISSION [NRC–2011–0182] Terrestrial Environmental Studies for Nuclear Power Stations Nuclear Regulatory Commission. ACTION: Regulatory guide; issuance. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a revision to Regulatory Guide (RG) 4.11, ‘‘Terrestrial Environmental Studies for Nuclear Power Stations.’’ This guide provides technical guidance that the NRC staff considers acceptable for terrestrial environmental studies and analyses supporting licensing decisions for nuclear power reactors. ADDRESSES: Please refer to Docket ID NRC–2011–0182 when contacting the NRC about the availability of information regarding this document. You may access information related to this document, which the NRC possesses and is publicly available, using the following methods: • Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC–2011–0182. Address questions about NRC dockets to Carol Gallagher; telephone: 301–492–3668; email: Carol.Gallagher@nrc.gov. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may access publicly available documents online in the NRC Library at https://www.nrc.gov/readingrm/adams.html. To begin the search, select ‘‘ADAMS Public Documents’’ and then select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, 301–415–4737, or by email to pdr.resource@nrc.gov. The ADAMS accession number for each document referenced in this notice (if that document is available in ADAMS) is provided the first time that a document is referenced. Revision 2 of Regulatory Guide 4.11 is available in ADAMS under Accession No. ML113350385. The regulatory analysis may be found in ADAMS under Accession No. ML113350388. • NRC’s PDR: You may examine and purchase copies of public documents at the NRC’s PDR, Room O1–F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. Regulatory guides are not copyrighted, and NRC approval is not required to reproduce them. FOR FURTHER INFORMATION CONTACT: Mekonen Bayssie, Regulatory Guide SUMMARY: E:\FR\FM\27MRN1.SGM 27MRN1

Agencies

[Federal Register Volume 77, Number 59 (Tuesday, March 27, 2012)]
[Notices]
[Pages 18270-18271]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-7314]



[[Page 18270]]

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NUCLEAR REGULATORY COMMISSION

[Docket No. 040-06264 (Terminated); NRC-2012-0077]


Acceptance Decision for the Unrestricted Use of the Former 
Michigan Chemical Company--Breckenridge Disposal Site

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of acceptability.

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

FOR FURTHER INFORMATION CONTACT: Eugenio (Gene) A. Bonano, Project 
Manager, MCID Branch, Division of Nuclear Materials Safety, Region III, 
U.S. Nuclear Regulatory Commission, Lisle, Illinois 60532-4352; 
telephone: 1-(630) 829-9826; fax number: 1-(630) 515-1259; email: 
eugenio.bonano@nrc.gov.

SUPPLEMENTARY INFORMATION: The U.S. Nuclear Regulatory Commission (NRC) 
is noticing the acceptability for unrestricted use of the Former 
Michigan Chemical Company (MCC), Breckenridge Disposal Site (BDS) (also 
known as NWI Breckenridge) near Breckenridge, Michigan. This site 
operated under the authority of U.S. Atomic Energy Commission (AEC) 
license number SMB-00833, which was terminated in 1971.

I. Introduction

    The MCC, a subsidiary of Velsicol Corporation, operated a rare-
earth metals processing plant from 1967 through 1970 in St. Louis, 
Michigan. The plant manufactured an array of chemical products; the 
products manufactured were fire retardant materials, insecticides, 
animal food supplements, and rare earth oxides.
    The manufacture of rare-earth oxides at the St. Louis plant 
generated a dense, clay-like waste known as ``filter cake,'' which 
contained elevated levels of uranium and thorium, two naturally-
occurring radioactive materials. The radioactive filter cake was buried 
at the BDS.
    Burial of the filter cake at the BDS was permitted under AEC 
license number SMB-00833 and regulations in effect at the time. After 
the filter cake was buried, the AEC terminated the license in 1971, 
concluding that the BDS was suitable for unrestricted use.
    Several years after the license was terminated, residual 
radioactive contamination above NRC limits was found at the BDS. The 
NRC contacted the site owner to determine how it planned to remediate 
the problem.
    On April 14, 1999, the NRC issued a letter to NWI Land Management 
(NWI), then-owner of the BDS, directing NWI to clean up the site under 
the regulatory framework of Title 10 of the Code of Federal Regulations 
(10 CFR) part 20, Subpart E, ``Radiological Criteria for License 
Termination.'' Action on the NRC's request was delayed when NWI and its 
parent company, Fruit of the Loom, declared bankruptcy in 1999; a 
bankruptcy settlement was reached between the United States government 
and Fruit of the Loom in 2002.
    As part of the bankruptcy settlement, Fruit of the Loom and NWI 
gave title to the BDS to a Custodial Trust, which was established to 
remediate the BDS using the framework set forth in 10 CFR part 20, 
Subpart E. Under the terms of the settlement, the Custodial Trust was 
not subject to NRC licensing or enforcement authority, but would 
consult with NRC in its development and application of a remediation 
plan for the BDS. The NRC's role in the remediation has been to provide 
technical assistance to the Custodial Trust and independent 
verification of site remediation.

II. Summary

    The Custodial Trust hired a contractor to complete remediation of 
the BDS. Through its contractor, the Custodial Trust completed 
remediation and final status surveys (FSS) of the BDS in September 
2011, and in October 2011, submitted a final status survey report 
(FSSR) to the NRC for its review and approval.
    Prior to receiving the FSSR, the NRC had conducted 25 inspections 
of the contractor's decommissioning activities between May 2010 and 
September 2011. Specifically, the NRC inspections were performed to 
ensure compliance with the contractor's NRC-approved remedial work 
plans (RWP) and NRC safety regulations. The inspectors also performed 
independent confirmatory radiological surveys of site survey units as 
defined in the contractor's RWP (ML110590136) and FSS plans 
(ML11279A019).
    On January 3, 2012, the NRC completed its review of the 
contractor's final status survey report (FSSR) for the BDS, which is 
available for public review in the NRC's Agencywide Documents Access 
and Management System (ADAMS) using the Accession Number ML12004A051. 
The NRC staff's review confirmed that the FSSR was adequate to 
demonstrate compliance with the radiological criteria for unrestricted 
use per 10 CFR part 20 Appendix E for the BDS. The FSS results 
demonstrated that each survey unit met the radiological criteria for 
unrestricted use. Radiological surveys and soil sampling data were 
consistent with the data quality objectives as described in the FSSR, 
work plans, and the NRC's NUREG-1757, ``Consolidated Decommissioning 
Guidance--Characterization, Survey, and Determination of Radiological 
Criteria,'' and NUREG-1575, ``Multi-Agency Radiation Survey and Site 
Investigation Manual (MARSSIM).''
    Residual radioactivity at the BDS is below the regulatory dose 
limit to an average member of a critical group and does not exceed 25 
mrem per year as specified in 10 CFR 20.1402, ``Radiological Criteria 
for Unrestricted Use;'' there is reasonable assurance that the health 
and safety of the public will not be endangered by the unrestricted use 
of the BDS.

III. Conclusion

    Based on the NRC's 25 onsite inspections, the NRC's independent and 
confirmatory surveys, and the NRC staff's review of the FSSR for the 
BDS, the NRC concluded that the BDS radiological status was consistent 
with the provisions of 10 CFR part 20, ``Standards for Protection 
against Radiation,'' 10 CFR 20.1402, ``Radiological Criteria for 
Unrestricted Use;'' therefore, the site can be released for 
unrestricted use. The NRC involvement with this site is now considered 
ended, and no further actions regarding this project are planned unless 
new information is identified that would alter the NRC's conclusion. 
The NRC staff documented its review of the remediation activities, 
FSSs, and the FSSR in a Safety Evaluation Report (SER) (ML12052A066).

IV. Further Information

    Documents related to this action, including the FSSR, NRC 
Inspection Reports, SER and supporting documentation, are available 
online in the NRC Library at https://www.nrc.gov/reading-rm/adams.html. 
From this site, you can access ADAMS, which provides text and image 
files of the NRC's public documents. The ADAMS accession numbers for 
the documents related to this notice are listed as an attachment at the 
end of the SER (ML12052A066). If you do not have access to ADAMS or if 
there are problems in accessing the documents located in ADAMS, contact 
the NRC's Public Document Room (PDR) Reference staff at 1-800-397-4209, 
301-415-4737 or by email to pdr.resource@nrc.gov.
    These documents may also be viewed electronically on the public 
computers located at the NRC's PDR, Room O1-F21, One White Flint North, 
11555 Rockville Pike, Rockville, Maryland

[[Page 18271]]

20852. The PDR reproduction contractor will copy documents for a fee.

    Dated at Lisle, Illinois this 20th day of March, 2012.

    For the Nuclear Regulatory Commission.
Aaron T. McCraw,
Acting Chief, Materials Control, ISFSI, and Decommissioning Branch, 
Division of Nuclear Materials Safety, Region III.
[FR Doc. 2012-7314 Filed 3-26-12; 8:45 am]
BILLING CODE 7590-01-P
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