License Amendment Request for Analytical Bio-Chemistry Laboratories, Inc., Columbia, MO, 4170-4172 [2013-01011]

Download as PDF 4170 Federal Register / Vol. 78, No. 13 / Friday, January 18, 2013 / Notices claim for royalties. Allocation of the royalties collected occurs in one of two ways. In the first instance, these funds will be distributed through a negotiated settlement among the parties. 17 U.S.C. 111(d)(4)(A). If the claimants do not reach an agreement with respect to the royalties, the Copyright Royalty Judges (‘‘Judges’’) must conduct a proceeding to determine the distribution of any royalties that remain in controversy. 17 U.S.C. 111(d)(4)(B). On December 12, 2012, representatives of the Phase I claimant categories (the ‘‘Phase I Parties’’) 1 filed with the Judges a motion requesting a partial distribution of 50% of the 2011 cable royalty funds pursuant to Section 801(b)(3)(C) of the Copyright Act. 17 U.S.C. 801(b)(3)(C). Under that section of the Copyright Act, before ruling on a partial distribution motion the Judges must publish a notice in the Federal Register seeking responses to the motion to ascertain whether any claimant entitled to receive such royalty fees has a reasonable objection to the proposed distribution. Consequently, this Notice seeks comments from interested claimants on whether any reasonable objection exists that would preclude the distribution of 50% of the 2011 cable royalty funds to the Phase I Parties. The Judges must be advised of the existence and extent of all such objections by the end of the comment period. The Judges will not consider any objections with respect to the partial distribution motion that come to their attention after the close of that period. The Judges also seek comment on the existence and extent of any controversies to the 2011 cable royalty funds at Phase I or Phase II with respect to those funds that would remain if the partial distribution is granted. The Motion of Phase I Claimants for Partial Distribution is posted on the Copyright Royalty Board Web site at http://www.loc.gov/crb. mstockstill on DSK4VPTVN1PROD with 1 The ‘‘Phase I Parties’’ are the Program Suppliers, Joint Sports Claimants, Public Television Claimants, Commercial Television Claimants (represented by National Association of Broadcasters), Music Claimants (represented by American Society of Composers, Authors and Publishers, Broadcast Music, Inc., and SESAC, Inc.), Canadian Claimants Group, National Public Radio, and Devotional Claimants. In Phase I of a cable royalty distribution proceeding, royalties are allocated among certain categories of broadcast programming that have been retransmitted by cable systems. The categories have traditionally been movies and syndicated television series, sports programming, commercial and noncommercial broadcaster-owned programming, religious programming, music, public radio programming, and Canadian programming. In Phase II of a cable royalty distribution proceeding, royalties are allocated among claimants within each of the Phase I categories. VerDate Mar<15>2010 16:52 Jan 17, 2013 Jkt 229001 Dated: January 15, 2013. Suzanne Barnett, Chief U.S. Copyright Royalty Judge. [FR Doc. 2013–01024 Filed 1–17–13; 8:45 am] BILLING CODE 1410–72–P NATIONAL LABOR RELATIONS BOARD Sunshine Act Meetings: January 2013 All meetings are held at 2:00 p.m. Wednesday, January 16; Thursday, January 17; Wednesday, January 23; Thursday, January 24; Wednesday, January 30; Thursday, January 31. PLACE: Board Agenda Room, No. 11820, 1099 14th St., NW., Washington DC 20570 STATUS: Closed. MATTERS TO BE CONSIDERED: Pursuant to § 102.139(a) of the Board’s Rules and Regulations, the Board or a panel thereof will consider ‘‘the issuance of a subpoena, the Board’s participation in a civil action or proceeding or an arbitration, or the initiation, conduct, or disposition * * * of particular representation or unfair labor practice proceedings under section 8, 9, or 10 of the [National Labor Relations] Act, or any court proceedings collateral or ancillary thereto.’’ See also 5 U.S.C. 552b(c)(10). CONTACT PERSON FOR MORE INFORMATION: Gary Shinners, Deputy Executive Secretary. (202) 273–3737. TIME AND DATES: Dated: January 16, 2013. Gary Shinners, Deputy Executive Secretary. [FR Doc. 2013–01203 Filed 1–16–13; 4:15 pm] BILLING CODE 7545–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 030–05154; NRC–2013–0009] License Amendment Request for Analytical Bio-Chemistry Laboratories, Inc., Columbia, MO Nuclear Regulatory Commission. ACTION: Environmental assessment and finding of no significant impact. AGENCY: FOR FURTHER INFORMATION CONTACT: Peter J. Lee, Ph.D., CHP, Health Physicist, Materials Control, ISFSI, and Decommissioning Branch, Division of Nuclear Materials Safety, Region III PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 Office, U.S. Nuclear Regulatory Commission, Lisle, Illinois 60532; telephone: 630–829–9870; fax number: 630–515–1078; email at pjl2@nrc.gov. SUPPLEMENTARY INFORMATION: I. Introduction The U.S. Nuclear Regulatory Commission (NRC) is considering the issuance of a license amendment to Materials License No. 24–13365–01 issued to Analytical Bio-Chemistry Laboratories, Inc. (the licensee), to authorize the release of the licensee’s sanitary lagoon and the surrounding effluent discharge area for unrestricted use. Once released, these areas will no longer be subject to the license, and licensed activities will not be permitted therein. The licensee’s facility is located at 7200 E. ABC Lane, Columbia, Missouri, approximately six miles east of Columbia and immediately north of I–70. The site is approximately 56 acres in size and is zoned as planned office, general industrial, and controlled industrial districts in central Boone County. The NRC has prepared the following environmental assessment (EA) of this proposed license amendment in accordance with the requirements of the National Environmental Policy Act of 1969, as amended (NEPA), and Part 51 of Title 10 of the Code of Federal Regulations (10 CFR), ‘‘Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions.’’ Based on this EA, the NRC has concluded that a Finding of No Significant Impact (FONSI) is appropriate. Therefore, the license amendment will be issued following the publication of the EA and FONSI in this notice. II. Environmental Assessment The licensee is a contract research organization that conducts research, development, and manufacturing of pharmaceuticals and agricultural chemicals. Operation at the licensee’s site began in 1968. The licensee’s facility is bounded by residential, agricultural and commercially zoned areas which appear to be in a stable phase of growth. The Missouri Department of Natural Resources (MDNR) issued Construction Permit number 26–1030 on May 15, 1986, authorizing the construction of a single 13,500 square foot surface lagoon with 540 linear feet of 2-inch diameter piping to accommodate an average flow of 10,000 gallons per day. The lagoon, application area and drain field were constructed on the west side of the site and comprised approximately 28 acres. The licensee’s sanitary lagoon was operated from 1986 until 2004, at which E:\FR\FM\18JAN1.SGM 18JAN1 mstockstill on DSK4VPTVN1PROD with Federal Register / Vol. 78, No. 13 / Friday, January 18, 2013 / Notices time the site was connected to the local publicly owned treatment works. During its operating years, the sanitary lagoon served as the sole sewer for the site. It was primarily used for sanitation, but it also received rinsates from laboratories, which contained some radio-labeled compounds, primarily carbon-14. Effluent from the sanitary lagoon was discharged to the site through two systems of pipes overlaying gravel beds. This lagoon system was regulated by MDNR under the National Pollutants Discharge Elimination System (NPDES) permit number MO–0104591. The lagoon was drained in 2011 and backfilled with clean soil in February 2012. The licensee requested this license amendment in letters dated September 30, 2011; January 3, 2012; March 1, 2012; and October 24, 2012. The licensee has conducted final status surveys of the sanitary lagoon and the surrounding effluent discharge area. The results of these surveys along with other supporting information were provided to the NRC to demonstrate that the criteria in 10 CFR 20.1402 for unrestricted release have been met. Section 51.30 requires that an EA for proposed actions shall identify the proposed action and describe the need for the proposed action, the alternatives to the proposed action, and the environmental impacts of the proposed action and alternatives as appropriate. In this case, the proposed action is to amend Materials License No. 24–13365– 01 issued to the licensee, to authorize the release of the licensee’s sanitary lagoon and the surrounding effluent discharge area for unrestricted use. The proposed action is needed in order to make the sanitary lagoon and the surrounding effluent discharge area unrestricted property. The alternative to this proposed action is to keep the sanitary lagoon and the surrounding effluent discharge area under the control of Materials License No. 24–13365–01. The only potential environmental impact that differs between the proposed action and the alternative is the potential radiation and chemical exposure of the public from making the property unrestricted. Therefore, the following EA evaluates the potential environmental impacts from radiation and chemical exposure. It finds that the proposed action to release the sanitary lagoon and the surrounding effluent discharge area for unrestricted use will not have a significant effect on the quality of the human environment and thus that a FONSI, rather than an environmental impact statement, for the proposed action is appropriate. VerDate Mar<15>2010 16:52 Jan 17, 2013 Jkt 229001 For the surrounding effluent discharge area of the sanitary lagoon, the licensee elected to demonstrate compliance with the radiological criteria for unrestricted release as specified in section 20.1402 by using the screening value of 12 picocuries per gram (pCi/g) for carbon-14 (C–14) as described in NUREG–1757, ‘‘Consolidated Decommissioning Guidance,’’ Volume 1 as the radionuclide-specific derived concentration guideline levels (DCGL) for surface soil. The areas surrounding the lagoon—the drain field, application field, downslope, creek and sewer line—have been characterized by the licensee. The licensee collected soil samples in a biased manner to sample the areas with highest expected contamination, with drain field and application area samples taken near the discharge piping, and downslope samples from the surface that would have had the most exposure to the lagoon effluent. The mean concentration of the collected samples was 6 pCi/g, therefore, the actual mean concentration of the areas surrounding the lagoon will be well below the screening value of 12 pCi/g. Also, based on the soil sampling results from the surrounding effluent discharge area of the sanitary lagoon, the high contamination areas were near the discharge piping. Therefore, the remainder of the site is characterized by a very low level of C–14 in the clay soil, which has been effectively immobilized near the distribution piping or soil surface, and is expected to continue to diminish in concentration slowly over the coming years, principally through the topographically-driven lateral flow of water. No measurable levels of C–14 in either soil or water are found beneath the clay layer. Since the mean concentration of the effluent discharge area of the sanitary lagoon is well below the section 20.1402 requirement for unrestricted release, the proposed action, with respect to radiation exposure in the effluent discharge area, will not have a significant effect on the quality of the human environment. For the closure of the sanitary lagoon, the licensee elected to use the Residual Radioactivity Version 6.5 (RESRAD) computer code, with the site-specific parameters to demonstrate compliance with 10 CFR 20.1402 for unrestricted release. In NUREG–1757, the NRC found the use of RESRAD acceptable to estimate radiation doses and risks from residual radioactive materials. The bottom of the lagoon consists of compacted clay, which serves as the liner to contain C–14. The placement of sediment and soil backfill is consistent PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 4171 with Missouri Risk-Based Corrective Action requirements for lagoon closure. Therefore, the contaminant of C–14 is now contained in the lagoon placement and is estimated through the use of RESRAD to have a maximal dose of 0.2 mrem per year. This dose is well below the section 10 CFR 20.1402 unrestricted release limit of 25 mrem per year. Since the dose of the sanitary lagoon is well below the section 20.1402 requirement for unrestricted release, the proposed action, with respect to radiation exposure in the sanitary lagoon, will not have a significant effect on the quality of the human environment. Nine monitoring wells were installed over time for radiochemical sampling purposes. Wells were placed in the maximally contaminated areas as well as outside the contaminated area and medial to the contaminated area, based on the direction of the water flow. Throughout this area, the soil consists of clay on the top layer, and a layer of shale in most cases underlying the clay, unless the limestone bedrock is directly underneath the clay. Sampling includes wells screened in either clay or shale, as well as some screened simultaneously in both matrices. All measurable levels result from the collection of water samples screened in the clay layer of soil, and none from water samples screened in the shale layer. Results from the various wells were compared to the EPA 40 CFR 141.66, ‘‘Maximum Contaminant Levels for Radionuclides’’ limit of 4 mrem/year, which is equivalent to 2000 pCi/L for C–14. The highest result obtained—532 pCi/L— was from the most shallow well in the most exposed region consistent with the operation of the lagoon. The mean concentration was 126 pCi/L. Additionally, the site lies within Special Area 1 as defined by the Missouri State Revised Code at 10 CSR 23–3.090. According to this regulation, any well placed in this area must ‘‘Set no less than 80 feet of casing, extending not less than 30 feet into bedrock.’’ As a result of this Missouri requirement, the water in the shallow water table is not available for human consumption. Therefore, since, as determined by the water sampling, C–14 contamination is only limited to the shallow water table above the shale layer and since this water is not available for human consumption, the proposed action will not result in any human exposure to groundwater contaminated with C–14. Thus, the proposed action, with respect to radiation in groundwater, will not have a significant effect on the quality of the human environment. The lagoon site was thoroughly investigated for the presence of any E:\FR\FM\18JAN1.SGM 18JAN1 4172 Federal Register / Vol. 78, No. 13 / Friday, January 18, 2013 / Notices chemical residues. This included sampling of the lagoon sediment, surrounding area and monitoring wells. The scope of the sampling was developed by Foth Infrastructure and Environment in close consultation with the MDNR. With the exceptions of methylene chloride and 2-methyl-4chlorophenoxyaceticacid (MCPA) found in the sediment and the lagoon floor, all required analytes were either absent or below the acceptable concentrations. The measurable presence of methylene chloride and MCPA were taken into account for the final grading plan. The executed grading plan, including a buffer of soil at least three feet thick over the top of and lateral to any sediment mixture in the sanitary lagoon, was adequate to prevent any unacceptable exposure pathway based on Missouri Risk-Based Corrective Actions. Since there is no unacceptable chemical exposure pathway from the lagoon placement, the proposed action, with respect to chemical exposure, will not have a significant effect on the quality of the human environment. Based on the above discussion, the Commission has determined under NEPA and the Commission’s regulations in Subpart A of 10 CFR part 51, that the proposed license amendment does not constitute a major Federal action significantly affecting the quality of the human environment and, therefore, an environment impact statement is not required. The Commission concludes that the proposed action to grant a license amendment is authorized by law will not endanger life, property, or the common defense and security and is otherwise in the public interest as it will allow the licensee to release its sanitary lagoon and the surrounding effluent discharge area for unrestricted use. The staff consulted with the MDNR, and the MDNR had no comments on the proposed license amendment. mstockstill on DSK4VPTVN1PROD with III. Finding of No Significant Impact The NRC has prepared this EA in support of the proposed action. On the basis of this EA, the NRC finds that there are no significant environmental impacts from the proposed action, and that preparation of an environmental impact statement is not warranted. Accordingly, the NRC has determined that a Finding of No Significant Impact is appropriate. IV. Further Information Documents related to this action, including the application for the license amendment and supporting documentation, are available electronically at the NRC’s Electronic Reading Room at http://www.nrc.gov/ VerDate Mar<15>2010 16:52 Jan 17, 2013 Jkt 229001 reading-rm/adams.html. From this site, you can access the NRC’s Agencywide Document Access and Management System (ADAMS), which provides text and image files of NRC’s public documents. The references related to this Notice and, if applicable, their ADAMS accession numbers are: 1. Analytical Bio-Chemistry Laboratories, Inc., Licensee amendment request and supplemental information, September 30, 2011 (ML112770525); January 3, 2012 (ML120060510); March 1, 2012 (ML120650756); October 24, 2012 (ML12303A009); 2. Code of Federal Regulations, Title 10, Part 20, Subpart E, ‘‘Radiological Criteria for License Termination,’’ 3. Code of Federal Regulations, Title 10, Part 51, ‘‘Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions,’’ 4. NUREG–1757, ‘‘Consolidated Decommissioning Guidance,’’ 5. RESRAD, Environmental Assessment Division, Argonne National Laboratory. If you do not have access to ADAMS, or if there are problems in accessing the documents located in ADAMS, contact the NRC 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, O1–F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction contractor will copy documents for a fee. Dated at Lisle, Illinois, this 11th day of January, 2013. For the Nuclear Regulatory Commission. Christine A. Lipa, Chief, Materials Control, ISFSI, and Decommissioning Branch, Division of Nuclear Materials Safety, Region III. [FR Doc. 2013–01011 Filed 1–17–13; 8:45 am] BILLING CODE 7590–01–P OFFICE OF PERSONNEL MANAGEMENT Submission for Review: RI 25–15, Notice of Change in Student’s Status U.S. Office of Personnel Management. ACTION: 30-day notice and request for comments. AGENCY: The Retirement Services, Office of Personnel Management (OPM) offers the general public and other federal agencies the opportunity to comment on a revised information collection request (ICR) 3206–0042, Notice of Change in Student’s Status. As required by the Paperwork Reduction SUMMARY: PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 Act of 1995 (Pub. L. 104–13, 44 U.S.C. chapter 35) as amended by the ClingerCohen Act (Pub. L. 104–106), OPM is soliciting comments for this collection. The information collection was previously published in the Federal Register on August 15, 2012 at Volume 77 FR 49028 allowing for a 60-day public comment period. No comments were received for this information collection. The purpose of this notice is to allow an additional 30 days for public comments. The Office of Management and Budget is particularly interested in comments that: 1. Evaluate whether the proposed collection of information is necessary for the proper performance of functions of the agency, including whether the information will have practical utility; 2. Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; 3. Enhance the quality, utility, and clarity of the information to be collected; and 4. Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses. DATES: Comments are encouraged and will be accepted until February 19, 2013. This process is conducted in accordance with 5 CFR 1320.1. ADDRESSES: Interested persons are invited to submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street NW., Washington, DC 20503, Attention: Desk Officer for the Office of Personnel Management or sent via electronic mail to oira_submission@omb.eop.gov or faxed to (202) 395–6974. FOR FURTHER INFORMATION CONTACT: A copy of this ICR with applicable supporting documentation, may be obtained by contacting the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street NW., Washington, DC 20503, Attention: Desk Officer for the Office of Personnel Management or sent via electronic mail to oira_submission@omb.eop.gov or faxed to (202) 395–6974. SUPPLEMENTARY INFORMATION: RI 25–15, Notice of Change in Student’s Status, is used to collect sufficient information from adult children of deceased Federal E:\FR\FM\18JAN1.SGM 18JAN1

Agencies

[Federal Register Volume 78, Number 13 (Friday, January 18, 2013)]
[Notices]
[Pages 4170-4172]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01011]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 030-05154; NRC-2013-0009]


License Amendment Request for Analytical Bio-Chemistry 
Laboratories, Inc., Columbia, MO

AGENCY: Nuclear Regulatory Commission.

ACTION: Environmental assessment and finding of no significant impact.

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FOR FURTHER INFORMATION CONTACT: Peter J. Lee, Ph.D., CHP, Health 
Physicist, Materials Control, ISFSI, and Decommissioning Branch, 
Division of Nuclear Materials Safety, Region III Office, U.S. Nuclear 
Regulatory Commission, Lisle, Illinois 60532; telephone: 630-829-9870; 
fax number: 630-515-1078; email at pjl2@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC) is considering the 
issuance of a license amendment to Materials License No. 24-13365-01 
issued to Analytical Bio-Chemistry Laboratories, Inc. (the licensee), 
to authorize the release of the licensee's sanitary lagoon and the 
surrounding effluent discharge area for unrestricted use. Once 
released, these areas will no longer be subject to the license, and 
licensed activities will not be permitted therein. The licensee's 
facility is located at 7200 E. ABC Lane, Columbia, Missouri, 
approximately six miles east of Columbia and immediately north of I-70. 
The site is approximately 56 acres in size and is zoned as planned 
office, general industrial, and controlled industrial districts in 
central Boone County. The NRC has prepared the following environmental 
assessment (EA) of this proposed license amendment in accordance with 
the requirements of the National Environmental Policy Act of 1969, as 
amended (NEPA), and Part 51 of Title 10 of the Code of Federal 
Regulations (10 CFR), ``Environmental Protection Regulations for 
Domestic Licensing and Related Regulatory Functions.'' Based on this 
EA, the NRC has concluded that a Finding of No Significant Impact 
(FONSI) is appropriate. Therefore, the license amendment will be issued 
following the publication of the EA and FONSI in this notice.

II. Environmental Assessment

    The licensee is a contract research organization that conducts 
research, development, and manufacturing of pharmaceuticals and 
agricultural chemicals. Operation at the licensee's site began in 1968. 
The licensee's facility is bounded by residential, agricultural and 
commercially zoned areas which appear to be in a stable phase of 
growth. The Missouri Department of Natural Resources (MDNR) issued 
Construction Permit number 26-1030 on May 15, 1986, authorizing the 
construction of a single 13,500 square foot surface lagoon with 540 
linear feet of 2-inch diameter piping to accommodate an average flow of 
10,000 gallons per day. The lagoon, application area and drain field 
were constructed on the west side of the site and comprised 
approximately 28 acres. The licensee's sanitary lagoon was operated 
from 1986 until 2004, at which

[[Page 4171]]

time the site was connected to the local publicly owned treatment 
works. During its operating years, the sanitary lagoon served as the 
sole sewer for the site. It was primarily used for sanitation, but it 
also received rinsates from laboratories, which contained some radio-
labeled compounds, primarily carbon-14. Effluent from the sanitary 
lagoon was discharged to the site through two systems of pipes 
overlaying gravel beds. This lagoon system was regulated by MDNR under 
the National Pollutants Discharge Elimination System (NPDES) permit 
number MO-0104591. The lagoon was drained in 2011 and backfilled with 
clean soil in February 2012.
    The licensee requested this license amendment in letters dated 
September 30, 2011; January 3, 2012; March 1, 2012; and October 24, 
2012. The licensee has conducted final status surveys of the sanitary 
lagoon and the surrounding effluent discharge area. The results of 
these surveys along with other supporting information were provided to 
the NRC to demonstrate that the criteria in 10 CFR 20.1402 for 
unrestricted release have been met.
    Section 51.30 requires that an EA for proposed actions shall 
identify the proposed action and describe the need for the proposed 
action, the alternatives to the proposed action, and the environmental 
impacts of the proposed action and alternatives as appropriate. In this 
case, the proposed action is to amend Materials License No. 24-13365-01 
issued to the licensee, to authorize the release of the licensee's 
sanitary lagoon and the surrounding effluent discharge area for 
unrestricted use. The proposed action is needed in order to make the 
sanitary lagoon and the surrounding effluent discharge area 
unrestricted property. The alternative to this proposed action is to 
keep the sanitary lagoon and the surrounding effluent discharge area 
under the control of Materials License No. 24-13365-01. The only 
potential environmental impact that differs between the proposed action 
and the alternative is the potential radiation and chemical exposure of 
the public from making the property unrestricted. Therefore, the 
following EA evaluates the potential environmental impacts from 
radiation and chemical exposure. It finds that the proposed action to 
release the sanitary lagoon and the surrounding effluent discharge area 
for unrestricted use will not have a significant effect on the quality 
of the human environment and thus that a FONSI, rather than an 
environmental impact statement, for the proposed action is appropriate.
    For the surrounding effluent discharge area of the sanitary lagoon, 
the licensee elected to demonstrate compliance with the radiological 
criteria for unrestricted release as specified in section 20.1402 by 
using the screening value of 12 picocuries per gram (pCi/g) for carbon-
14 (C-14) as described in NUREG-1757, ``Consolidated Decommissioning 
Guidance,'' Volume 1 as the radionuclide-specific derived concentration 
guideline levels (DCGL) for surface soil. The areas surrounding the 
lagoon--the drain field, application field, downslope, creek and sewer 
line--have been characterized by the licensee. The licensee collected 
soil samples in a biased manner to sample the areas with highest 
expected contamination, with drain field and application area samples 
taken near the discharge piping, and downslope samples from the surface 
that would have had the most exposure to the lagoon effluent. The mean 
concentration of the collected samples was 6 pCi/g, therefore, the 
actual mean concentration of the areas surrounding the lagoon will be 
well below the screening value of 12 pCi/g. Also, based on the soil 
sampling results from the surrounding effluent discharge area of the 
sanitary lagoon, the high contamination areas were near the discharge 
piping. Therefore, the remainder of the site is characterized by a very 
low level of C-14 in the clay soil, which has been effectively 
immobilized near the distribution piping or soil surface, and is 
expected to continue to diminish in concentration slowly over the 
coming years, principally through the topographically-driven lateral 
flow of water. No measurable levels of C-14 in either soil or water are 
found beneath the clay layer. Since the mean concentration of the 
effluent discharge area of the sanitary lagoon is well below the 
section 20.1402 requirement for unrestricted release, the proposed 
action, with respect to radiation exposure in the effluent discharge 
area, will not have a significant effect on the quality of the human 
environment.
    For the closure of the sanitary lagoon, the licensee elected to use 
the Residual Radioactivity Version 6.5 (RESRAD) computer code, with the 
site-specific parameters to demonstrate compliance with 10 CFR 20.1402 
for unrestricted release. In NUREG-1757, the NRC found the use of 
RESRAD acceptable to estimate radiation doses and risks from residual 
radioactive materials. The bottom of the lagoon consists of compacted 
clay, which serves as the liner to contain C-14. The placement of 
sediment and soil backfill is consistent with Missouri Risk-Based 
Corrective Action requirements for lagoon closure. Therefore, the 
contaminant of C-14 is now contained in the lagoon placement and is 
estimated through the use of RESRAD to have a maximal dose of 0.2 mrem 
per year. This dose is well below the section 10 CFR 20.1402 
unrestricted release limit of 25 mrem per year. Since the dose of the 
sanitary lagoon is well below the section 20.1402 requirement for 
unrestricted release, the proposed action, with respect to radiation 
exposure in the sanitary lagoon, will not have a significant effect on 
the quality of the human environment.
    Nine monitoring wells were installed over time for radiochemical 
sampling purposes. Wells were placed in the maximally contaminated 
areas as well as outside the contaminated area and medial to the 
contaminated area, based on the direction of the water flow. Throughout 
this area, the soil consists of clay on the top layer, and a layer of 
shale in most cases underlying the clay, unless the limestone bedrock 
is directly underneath the clay. Sampling includes wells screened in 
either clay or shale, as well as some screened simultaneously in both 
matrices. All measurable levels result from the collection of water 
samples screened in the clay layer of soil, and none from water samples 
screened in the shale layer. Results from the various wells were 
compared to the EPA 40 CFR 141.66, ``Maximum Contaminant Levels for 
Radionuclides'' limit of 4 mrem/year, which is equivalent to 2000 pCi/L 
for C-14. The highest result obtained--532 pCi/L--was from the most 
shallow well in the most exposed region consistent with the operation 
of the lagoon. The mean concentration was 126 pCi/L. Additionally, the 
site lies within Special Area 1 as defined by the Missouri State 
Revised Code at 10 CSR 23-3.090. According to this regulation, any well 
placed in this area must ``Set no less than 80 feet of casing, 
extending not less than 30 feet into bedrock.'' As a result of this 
Missouri requirement, the water in the shallow water table is not 
available for human consumption. Therefore, since, as determined by the 
water sampling, C-14 contamination is only limited to the shallow water 
table above the shale layer and since this water is not available for 
human consumption, the proposed action will not result in any human 
exposure to groundwater contaminated with C-14. Thus, the proposed 
action, with respect to radiation in groundwater, will not have a 
significant effect on the quality of the human environment.
    The lagoon site was thoroughly investigated for the presence of any

[[Page 4172]]

chemical residues. This included sampling of the lagoon sediment, 
surrounding area and monitoring wells. The scope of the sampling was 
developed by Foth Infrastructure and Environment in close consultation 
with the MDNR. With the exceptions of methylene chloride and 2-methyl-
4-chlorophenoxyaceticacid (MCPA) found in the sediment and the lagoon 
floor, all required analytes were either absent or below the acceptable 
concentrations. The measurable presence of methylene chloride and MCPA 
were taken into account for the final grading plan. The executed 
grading plan, including a buffer of soil at least three feet thick over 
the top of and lateral to any sediment mixture in the sanitary lagoon, 
was adequate to prevent any unacceptable exposure pathway based on 
Missouri Risk-Based Corrective Actions. Since there is no unacceptable 
chemical exposure pathway from the lagoon placement, the proposed 
action, with respect to chemical exposure, will not have a significant 
effect on the quality of the human environment.
    Based on the above discussion, the Commission has determined under 
NEPA and the Commission's regulations in Subpart A of 10 CFR part 51, 
that the proposed license amendment does not constitute a major Federal 
action significantly affecting the quality of the human environment 
and, therefore, an environment impact statement is not required. The 
Commission concludes that the proposed action to grant a license 
amendment is authorized by law will not endanger life, property, or the 
common defense and security and is otherwise in the public interest as 
it will allow the licensee to release its sanitary lagoon and the 
surrounding effluent discharge area for unrestricted use.
    The staff consulted with the MDNR, and the MDNR had no comments on 
the proposed license amendment.

III. Finding of No Significant Impact

    The NRC has prepared this EA in support of the proposed action. On 
the basis of this EA, the NRC finds that there are no significant 
environmental impacts from the proposed action, and that preparation of 
an environmental impact statement is not warranted. Accordingly, the 
NRC has determined that a Finding of No Significant Impact is 
appropriate.

IV. Further Information

    Documents related to this action, including the application for the 
license amendment and supporting documentation, are available 
electronically at the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this site, you can access the 
NRC's Agencywide Document Access and Management System (ADAMS), which 
provides text and image files of NRC's public documents. The references 
related to this Notice and, if applicable, their ADAMS accession 
numbers are:

1. Analytical Bio-Chemistry Laboratories, Inc., Licensee amendment 
request and supplemental information, September 30, 2011 
(ML112770525); January 3, 2012 (ML120060510); March 1, 2012 
(ML120650756); October 24, 2012 (ML12303A009);
2. Code of Federal Regulations, Title 10, Part 20, Subpart E, 
``Radiological Criteria for License Termination,''
3. Code of Federal Regulations, Title 10, Part 51, ``Environmental 
Protection Regulations for Domestic Licensing and Related Regulatory 
Functions,''
4. NUREG-1757, ``Consolidated Decommissioning Guidance,''
5. RESRAD, Environmental Assessment Division, Argonne National 
Laboratory.

    If you do not have access to ADAMS, or if there are problems in 
accessing the documents located in ADAMS, contact the NRC 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, O1-
F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852. 
The PDR reproduction contractor will copy documents for a fee.

    Dated at Lisle, Illinois, this 11th day of January, 2013.

    For the Nuclear Regulatory Commission.
Christine A. Lipa,
Chief, Materials Control, ISFSI, and Decommissioning Branch, Division 
of Nuclear Materials Safety, Region III.
[FR Doc. 2013-01011 Filed 1-17-13; 8:45 am]
BILLING CODE 7590-01-P