License Amendment for Aptuit, LLC, Kansas City, Missouri, 56753-56756 [2013-22316]

Download as PDF Federal Register / Vol. 78, No. 178 / Friday, September 13, 2013 / Notices tkelley on DSK3SPTVN1PROD with NOTICES comment submission available to the public in this docket. The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in you comment submission. The NRC will post all comment submissions at http:// www.regulations.gov as well as enter the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information. If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment submissions into ADAMS. The NRC staff issues ESP/COL–ISGs to facilitate timely implementation of current staff guidance and to facilitate activities associated with review of applications for ESPs, design certifications, and COLs by the Office of New Reactors. The NRC staff intends to incorporate the final approved ESP/ COL–ISG–027 into the next revision of the Environmental Standard Review Plan and related guidance documents. Backfitting and Issue Finality The guidance in draft ISG–027 would clarify how the NRC would apply the guidance in the Environmental Standard Review Plan (ESRP) to environmental reviews for applications for COL and ESP applicants that reference iPWR designs. Issuance of this draft ISG, if finalized, would not constitute backfitting as defined in Title 10 of the Code of Federal Regulations (10 CFR) 50.109 (the Backfit Rule), or which should be regarded as backfitting under Commission and Executive Director for Operations guidance, and would not otherwise be inconsistent with the issue finality provisions in 10 CFR part 52. The staff’s position is based upon the following considerations. 1. The draft ISG positions, if finalized, do not constitute backfitting, inasmuch as the ESRP is internal guidance to NRC staff. The ISG provides interim guidance to the staff on how to review an application for NRC regulatory approval in the form of licensing. Changes in internal staff guidance are not matters for which either nuclear power plant applicants or licensees are protected VerDate Mar<15>2010 18:23 Sep 12, 2013 Jkt 229001 under either the Backfit Rule or the issue finality provisions of 10 CFR part 52. 2. Backfitting and issue finality do not—with limited exceptions not applicable here—protect current or future applicants. Applicants are not, with certain exceptions, protected by either the Backfit Rule or any issue finality provisions under 10 CFR part 52. This is because neither the Backfit Rule nor the issue finality provisions under 10 CFR part 52—with certain exclusions discussed below—were intended to apply every NRC action which substantially changes the expectations of current and future applicants. The exceptions to the general principle are applicable whenever an applicant references a 10 CFR part 52 license (e.g., an early site permit) and/ or NRC regulatory approval (e.g., a design certification rule) with specified issue finality provisions. The staff does not, at this time, intend to impose the positions represented in the draft ISG section (if finalized) in a manner that is inconsistent with any issue finality provisions. If, in the future, the staff seeks to impose a position in the draft ISG section (if finalized) in a manner which does not provide issue finality as described in the applicable issue finality provision, then the staff must address the criteria for avoiding issue finality as described applicable issue finality provision. Congressional Review Act This ISG is a rule as defined in the Congressional Review Act (5 U.S.C. 801–808). However, the Office of Management and Budget has not found it to be a major rule as defined in the Congressional Review Act. Dated at Rockville, Maryland, this 5th day of September 2013. For the Nuclear Regulatory Commission. Joseph Colaccino, Chief, Policy Branch, Division of Advanced Reactor and Rulemaking, Office of New Reactors. [FR Doc. 2013–22322 Filed 9–12–13; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 030–09415; NRC–2013–0006] License Amendment for Aptuit, LLC, Kansas City, Missouri Nuclear Regulatory Commission. AGENCY: PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 56753 Environmental assessment and finding of no significant impact; availability. ACTION: The U.S. Nuclear Regulatory Commission (NRC) is considering the issuance of a license amendment to amend NRC Byproduct Materials License No. 24–15595–01 issued to Aptuit, LLC (the licensee). ADDRESSES: Please refer to Docket ID NRC–2013–0006 when contacting the NRC about the availability of information regarding this document. You may access publicly-available information related to this action by the following methods: • Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC–2013–0006. Address questions about NRC dockets to Carol Gallagher; telephone: 301–287–3422; email: Carol.Gallagher@nrc.gov. For technical questions, contact the individual(s) listed in the FOR FURTHER INFORMATION CONTACT section of this document. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may access publicly available documents online in the NRC Library at http://www.nrc.gov/readingrm/adams.html. To begin the search, select ‘‘ADAMS Public Documents’’ and then select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, 301–415–4737, or by email to pdr.resource@nrc.gov. The ADAMS accession number for each document referenced in this document (if that document is available in ADAMS) is provided the first time that a document is referenced. In addition, for the convenience of the reader, the ADAMS accession numbers are provided in a table in Section IV of this document entitled, Availability of Documents. • 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. FOR FURTHER INFORMATION CONTACT: Michael LaFranzo, Division of Nuclear Materials Safety, Region III, U.S. Nuclear Regulatory Commission, 2443 Warrenville Road, Lisle, Illinois, 60532. Telephone: 630–829–9865; fax number: 630–515–1259; email: Michael.LaFranzo@nrc.gov. SUPPLEMENTARY INFORMATION: SUMMARY: I. Introduction The issuance of the amendment would approve the licensee’s E:\FR\FM\13SEN1.SGM 13SEN1 56754 Federal Register / Vol. 78, No. 178 / Friday, September 13, 2013 / Notices tkelley on DSK3SPTVN1PROD with NOTICES decommissioning plan (DP) (ADAMS Accession No. ML13053A398), which describes the decommissioning activities that will be performed at the licensee’s facility located at 10245 Hickman Mills Drive, Kansas City, Missouri to make it suitable for unrestricted use in accordance with the NRC requirements. The NRC has prepared an Environmental Assessment (EA) in support of this amendment in accordance with the requirements in Part 51 of Title 10 of the Code of Federal Regulations (10 CFR part 51). Based on the EA, the NRC has concluded that a Finding of No Significant Impact (FONSI) is appropriate. The amendment will be issued following the publication of this Notice. II. Environmental Assessment The NRC approved the licensee’s Kansas City, Missouri facility as a location of use for radioactive byproduct materials on May 23, 1973. The NRC issued License No. 24–15595–01 to Marion Laboratories, Inc., which initially authorized the use of sealed sources and later expanded authorized activities to include research and development. Since the original license was issued, the named license holder for the Kansas City facility has been changed five times to the following: (1) Marion Merrell Dow, Inc. via Amendment No. 13, (2) Hoechst Marion Roussel via Amendment No. 19, (3) Quintiles, Inc. via Amendment No. 21, (4) Aptuit, Inc. via Amendment No. 24, and (5) Aptuit, LLC via Amendment No. 33. The primary radioactive materials that have been historically used in the Kansas City facility are hydrogen-3 and carbon-14. In 2008, Amendment No. 27 to the license was issued which substantially increased the license limits for hydrogen-3 and carbon-14 and authorized the synthesis of radiolabeled organic compounds in addition to research and development. The licensee is currently operating under Radioactive Materials License Amendment No. 34, with an expiration date of September 30, 2014. The Aptuit facility occupies 7 of 13 primary buildings in an industrial complex adjacent to, and just east of, Interstate 435 in Kansas City, Missouri, Jackson County. The site is situated in a campus-type setting which includes offices, warehouse space, manufacturing space, and laboratory space and is located on approximately 45.5 acres of land. The Aptuit buildings total approximately 417,000 square feet (ft2) or 38,740 square meters (m2). The areas surrounding the Aptuit facility are also primarily industrial. There is commercial development to the North, VerDate Mar<15>2010 18:23 Sep 12, 2013 Jkt 229001 South, and West of the facility and there is a residential area to the East. The nearest residence is approximately 0.25 miles to the east of the Aptuit facility. Land use is not expected to change. The licensee did discharge licensed material out of an exhaust stack in compliance with NRC regulations. The Proposed Action The NRC received, by letter dated August 30, 2012 (ADAMS Accession No. ML12248A095), a proposed DP and license amendment request from Aptuit, LLC requesting approval of the DP for its facility located in Kansas City, Missouri. The DP was submitted to the NRC for approval to authorize decommissioning activities in accordance with the requirements of 10 CFR 30.36(g). An NRC administrative review, documented in a letter to the licensee dated November 8, 2012 (ADAMS Accession No. ML12314A055), found the DP acceptable to begin a technical review. Subsequently, the NRC issued a Federal Register notice (FRN) on January 16, 2013 (78 FR 3470), that announced Aptuit, LLC’s license amendment request, solicited public and other stakeholder comments, and provided an opportunity to request a hearing and to petition for leave to intervene. No comments were received and no hearing requests or petitions for leave to intervene were submitted. On February 7, 2013, and April 28, 2013, the NRC staff requested additional information (ADAMS Accession Nos. ML13038A630 and ML13109A304, respectively) to complete the technical review of the DP. On February 20, 2013, the licensee provided responses to the February 7, 2013, request (ADAMS Accession Nos. ML13052A443 and ML13053A402) and a revised DP (ADAMS Accession No. ML13053A398). On May 16, 2013, the licensee provided responses to the April 28, 2013, request (ADAMS Accession No. ML13137A522). The licensee also submitted a written response, dated July 19, 2013 (ADAMS Accession No. ML13204A418 providing additional information), in response to a telephonic conversation with the NRC held on July 18, 2013. The NRC developed a Safety Evaluation Report dated August 27, 2013 (ADAMS Accession No. ML13247A779). The licensee proposes to decommission the Kansas City, Missouri facility to permit the release of the site for unrestricted use, as governed by the License Termination Rule, subpart E, 10 CFR part 20, ‘‘Radiological Criteria for License Termination.’’ The licensee’s DP proposes the cleanup of the Aptuit facility by implementing decontamination PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 techniques to remove contamination and/or by removing impacted structures, systems, and equipment. The removed structures, systems, and equipment would then be disposed of in accordance with regulatory requirements. The DP characterized environmental media at the Aptuit facility (soil, surface water, and groundwater) as not impacted by site operations, and therefore, not a part of the clean-up activities proposed by the DP. The DP proposes the decommissioning work to be performed by a decontamination and decommissioning (D&D) contractor under the oversight and responsibility of the licensee. The licensee expects the decommissioning work to take approximately 8 months, after the proposed approval of the DP by the NRC. The licensee’s objective for the decommissioning project, as described in the DP, is to clean the site sufficiently to meet the NRC unrestricted use criteria in support of license termination. The NRC unrestricted use criteria requires, as described in 10 CFR 20.1402, ‘‘Radiological Criteria for Unrestricted Use,’’ that residual radioactivity that is distinguishable from background radiation result in a Total Effective Dose Equivalent to an average member of the critical group not to exceed 25 millirem per year (mrem/ yr). In addition, the residual radioactivity is required to be reduced to levels that are as low as is reasonably achievable (ALARA). The licensee identified carbon–14 and hydrogen–3 as the only contaminants of concern at the Aptuit facility where decommissioning activities will be performed under the proposed DP. Upon completion of the decommissioning activities, areas being released under the scope of the DP will be surveyed in accordance with the guidance contained in NUREG–1575, ‘‘Multi-Agency Radiation Survey and Site Investigation Manual (MARSSIM),’’ (ADAMS Accession No. ML082470583). To meet the NRC unrestricted use criteria, the DP established Derived Concentration Guideline Levels (DCGLs) that are based on the screening values developed by the NRC (65 FR 37186; June 13, 2000) which can be found in NUREG–1757, Volume 2, appendix H, ‘‘Consolidated Decommissioning Guidance: Characterization, Survey, and Determination of Radiological Criteria— Criteria for Conducting Screening Dose Modeling Evaluations’’ (ADAMS Accession No. ML053260027). The NRC screening values for carbon-14 and hydrogen-3 are 3.7E+6 and 1.2E+8 disintegrations per minute per 100 centimeters squared (dpm/100 cm2), E:\FR\FM\13SEN1.SGM 13SEN1 Federal Register / Vol. 78, No. 178 / Friday, September 13, 2013 / Notices respectively. The NRC screening values are for single radionuclides, and a ‘‘sum of fractions’’ rule should be used for radionuclides in mixtures. The DP therefore proposes to use the most conservative screening value for the contaminants of concern, 3.7E+6 dpm/ 100 cm2 (screening value for carbon– 14), as the basis for DCGL determination due to the difficulty in detecting hydrogen-3 when performing surveys. To meet the ALARA requirement of the NRC unrestricted use criteria, the DP proposes to use ten percent of the selected screening value as the DCGL for total activity, which is 3.7E+5 dpm/100 cm2. The Need for the Proposed Action The purpose of the proposed action is to reduce residual radioactivity at the Aptuit Kansas City, Missouri facility to a level that permits release of the property for unrestricted use and termination of the license. The NRC is fulfilling its responsibility under the Atomic Energy Act of 1954, as amended, to make a decision on a proposed action for decommissioning that ensures protection of the public health and safety and the environment. The application for license amendment and NRC approval is necessary for the licensee to proceed with the decommissioning activities as required by the timeliness requirements of 10 CFR 30.36(g). A change to the current license is necessary since decommissioning procedures required for the planned decommissioning activities are not authorized in the current license. The final step in the decommissioning process is license termination. tkelley on DSK3SPTVN1PROD with NOTICES Environmental Impacts of the Proposed Action The NRC staff has reviewed the DP for the Aptuit, LLC Kansas City, Missouri facility and examined the impacts of decommissioning. Based on its review, the staff has determined that the affected environment and the environmental impacts associated with this decommissioning action are bounded by the impacts evaluated by NUREG–1496, ‘‘Generic Environmental Impact Statement in Support of Rulemaking on Radiological Criteria for License Termination of NRC-Licensed Nuclear Facilities’’ (ADAMS Accession Nos. ML042310492, ML042320379, and ML042330385). The staff also finds the proposed decommissioning of the Aptuit, LLC Kansas City, Missouri site is in compliance with 10 CFR 20.1402, the radiological criteria for unrestricted use. VerDate Mar<15>2010 18:23 Sep 12, 2013 Jkt 229001 Since ceasing operations, the Aptuit, LLC site has been stabilized to prevent contamination from spreading beyond its current locations. Access to the contaminated areas is controlled to assure the health and safety of workers and the public. No ongoing licensed activities, other than limited decommissioning activities, are occurring in the facilities. Contamination controls will be implemented during decommissioning to prevent airborne and surface contamination from escaping the remediation work areas, and therefore no release of airborne contamination is anticipated. However, the potential will exist for generating airborne radioactive material during decontamination, removal and handling of contaminated materials. If produced, any effluent from the proposed decommissioning activities will be limited in accordance with NRC requirements in 10 CFR part 20 or contained onsite or treated to reduce contamination to acceptable levels before release, and shall be maintained ALARA. Radioactive waste (e.g., HEPA filters, metals, bench tops, etc.) will be containerized onsite pending shipment to a licensed radioactive waste treatment or disposal facility. No liquid effluents are expected to be generated during decommissioning. Aptuit, LLC and subcontractors will perform the remediation under the Aptuit, LLC license. Therefore, Aptuit, LLC will oversee the activities and will maintain primary responsibility for the decommissioning activities at the site. The Aptuit, LLC facility has adequate radiation protection procedures and capabilities, and will implement an acceptable program to keep exposure to radioactive materials ALARA. As noted above, Aptuit, LLC, has prepared a DP describing the work to be performed, and work activities are not anticipated to result in a dose to workers or the public in excess of the 10 CFR part 20 limits. Past experiences with decommissioning activities at sites similar to the Aptuit, LLC facility indicate that public worker exposure will be far below the limits found in 10 CFR part 20, ‘‘Standards for Protection Against Radiation.’’ Environmental Impacts of the Alternatives to the Proposed Action The only alternative to the proposed action of allowing decommissioning of the site is no action. The no-action alternative would leave the site in its existing condition, which would keep licensed, radioactive material above the NRC’s unrestricted release criteria of 25 mrem onsite. This alternative would PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 56755 increase the radiological risk to the local community and the environment. The no-action alternative is not acceptable because it will result in violation of NRC’s Timeliness Rule (10 CFR 30.36), which requires licensees to remove licensed materials onsite during decommissioning of their facilities when licensed activities cease, and to request termination of their radioactive materials license. Agencies and Person Consulted The NRC staff has determined that the proposed action will not affect listed species or critical habitats. Therefore, no further consultation is required under Section 7 of the Endangered Species Act. Likewise, the NRC staff has determined that the proposed action is not the type of activity that has potential to cause effects on historic properties. Therefore, consultation under Section 106 of the National Historic Preservation Act is not required. The NRC staff consulted with the Missouri Department of Health and Senior Services on March 8, 2013, regarding this Environmental Assessment (EA) for the license amendment to authorize decommissioning activities. The State Department of Health and Senior Services is the State’s Radiation Protection Agency, and has been informed of NRC’s intention to approve the completion of decommissioning at the Aptuit, LLC site. The State informed the NRC on March 19, 2013, that they had no comments on the EA. Conclusion The NRC staff has concluded that the proposed action complies with 10 CFR part 20, ‘‘Standards for Protection Against Radiation.’’ Decommissioning of the Aptuit, LLC site to the DCGLs proposed for this action will result in reduced residual contamination levels at the site, enabling release of the site for unrestricted use and will allow the termination of the radioactive materials license. No radiologically contaminated effluents are expected during the decommissioning. Occupational doses to decommissioning workers are expected to be low and well within the limits of 10 CFR part 20. No radiation exposure to any member of the public is expected, and public exposure will therefore also be less than the applicable public exposure limits of 10 CFR part 20. Because the proposed action will not significantly impact the quality of the human environment, the NRC staff concludes that the proposed action is the preferred alternative. E:\FR\FM\13SEN1.SGM 13SEN1 56756 Federal Register / Vol. 78, No. 178 / Friday, September 13, 2013 / Notices III. Finding of No Significant Impact The NRC has prepared this EA in support of the proposed license amendment to incorporate appropriate and acceptable DCGLs and to use the proposed DCGLs for the planned decommissioning by the licensee at the Aptuit, LLC facility. The NRC staff has found that the radiological and nonradiological environmental impacts from the proposed amendment are bounded by the impacts evaluated in NUREG–1496. On the basis of the EA, the NRC has concluded that the environmental impacts from the proposed action are expected to be insignificant and has determined not to prepare an environmental impact statement for the proposed action. IV. Availability of Documents Documents related to this action, including the application for amendment and supporting documentation, are available electronically at the NRC Library at http://www.nrc.gov/reading-rm/ adams.html. From this site, you can access ADAMS, which provides text and image files of NRC’s public documents. To begin the search, select ‘‘ADAMS Public Documents’’ and then select ‘‘Begin Web-based ADAMS Search.’’ The ADAMS accession numbers for the documents related to this notice are: Reference Title of document ML No. 1 .................. NUREG–1496, Vol. 1, ‘‘Generic Environmental Impact Statement in Support of Rulemaking on Radiological Criteria for License Termination of NRC-Licensed Nuclear Facilities, Main Report’’. NUREG–1496, Vol. 2, ‘‘Generic Environmental Impact Statement in Support of Rulemaking on Radiological Criteria for License Termination of NRC-Licensed Nuclear Facilities, Appendices A and B, Final Report’’. NUREG–1496, Vol. 3, ‘‘Generic Environmental Impact Statement in Support of Rulemaking on Radiological Criteria for License Termination of NRC-Licensed Nuclear Facilities, Appendices C–H’’. NUREG–1757, Vol. 1, Rev. 2, ‘‘Consolidated Decommissioning Guidance: Decommissioning Process for Material Licensees’’. NUREG–1757, Vol. 2, ‘‘Consolidated Decommissioning Guidance: Characterization, Survey, and Determination of Radiological Criteria’’. NUREG–1757, Vol. 3, ‘‘Consolidated Decommissioning Guidance: Financial Assurance, Recordkeeping, and Timeliness’’. NUREG–1575, Rev. 1, ‘‘Multi-Agency Radiation Survey and Site Investigation Manual (MARSSIM)’’ ................... Aptuit Scientific Operations, LLC, Decommissioning Plan (MC 579062) .................................................................. LTR-Aptuit, LLC Acceptance of Decommissioning Plan for Technical Review (Mail Control No. (MC) 579062) .... Letter to Aptuit re: Request for Additional Information to Support Decommissioning Plan Approval (MC 579062) Letter from Aptuit, LLC RAI Response Package dated February 20, 2013 (MC 579062) ....................................... Letter from Aptuit, LLC in response to NRC RAI Package dated February 20, 2013 (MC 579062) ....................... Decommissioning Plan Aptuit Scientific Operations, Revision 1 dated February 2013 (MC 579062) ..................... Letter to Aptuit, LLC RAI Package dated April 28, 2013 (MC 579062) .................................................................... Letter from Aptuit, LLC in response to NRC RAI Package dated May 16, 2013 (MC 579062) ............................... Letter from Aptuit, LLC RAI Response Package dated July 19, 2013 (MC 579062) ............................................... Safety Evaluation Report ........................................................................................................................................... ML042310492 2 .................. 3 .................. 4 .................. 5 .................. 6 .................. 7 .................. 8 .................. 9 .................. 10 ................ 11 ................ 12 ................ 13 ................ 14 ................ 15 ................ 16 ................ 17 ................ Dated at Lisle, Illinois this 5th day of September, 2013. For the Nuclear Regulatory Commission. Robert J. Orlikowski, Chief, Materials Control, ISFSI and Decommissioning Branch, Division of Nuclear Materials and Safety, Region III. [FR Doc. 2013–22316 Filed 9–12–13; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION tkelley on DSK3SPTVN1PROD with NOTICES Advisory Committee On Reactor Safeguards (ACRS); Meeting of the ACRS Subcommittee on Materials, Metallurgy & Reactor Fuels; Notice of Meeting The ACRS Subcommittee on Materials, Metallurgy & Reactor Fuels will hold a meeting on September 19, 2013, Room T–2B3, 11545 Rockville Pike, Rockville, Maryland. The agenda for the subject meeting shall be as follows: VerDate Mar<15>2010 19:46 Sep 12, 2013 Jkt 229001 Thursday, September 19, 2013—1:00 p.m. until 5:00 p.m. The Subcommittee will review and discuss Japan Lessons Learned Tier 3 Issue: Transfer of Spent Fuel to Dry Cask Storage. The Subcommittee will hear presentations by and hold discussions with the NRC staff and other interested persons regarding this matter. The Subcommittee will gather information, analyze relevant issues and facts, and formulate proposed positions and actions, as appropriate, for deliberation by the Full Committee. Members of the public desiring to provide oral statements and/or written comments should notify the Designated Federal Official (DFO), Christopher Brown (Telephone 301–415–7111 or Email: Christopher.Brown@nrc.gov) five days prior to the meeting, if possible, so that appropriate arrangements can be made. Thirty-five hard copies of each presentation or handout should be provided to the DFO thirty minutes before the meeting. In addition, one electronic copy of each presentation should be emailed to the DFO one day before the meeting. If an electronic copy cannot be provided within this PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 ML042320379 ML042330385 ML063000243 ML053260027 ML032471471 ML082470583 ML12248A095 ML12314A055 ML13038A630 ML13052A443 ML13053A402 ML13053A398 ML13109A304 ML13137A522 ML13204A418 ML13247A779 timeframe, presenters should provide the DFO with a CD containing each presentation at least thirty minutes before the meeting. Electronic recordings will be permitted only during those portions of the meeting that are open to the public. Detailed procedures for the conduct of and participation in ACRS meetings were published in the Federal Register on October 18, 2012, (77 FR 64146–64147). Detailed meeting agendas and meeting transcripts are available on the NRC Web site at http://www.nrc.gov/readingrm/doc-collections/acrs. Information regarding topics to be discussed, changes to the agenda, whether the meeting has been canceled or rescheduled, and the time allotted to present oral statements can be obtained from the Web site cited above or by contacting the identified DFO. Moreover, in view of the possibility that the schedule for ACRS meetings may be adjusted by the Chairman as necessary to facilitate the conduct of the meeting, persons planning to attend should check with these references if such rescheduling would result in a major inconvenience. E:\FR\FM\13SEN1.SGM 13SEN1

Agencies

[Federal Register Volume 78, Number 178 (Friday, September 13, 2013)]
[Notices]
[Pages 56753-56756]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22316]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 030-09415; NRC-2013-0006]


License Amendment for Aptuit, LLC, Kansas City, Missouri

AGENCY: Nuclear Regulatory Commission.

ACTION: Environmental assessment and finding of no significant impact; 
availability.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering 
the issuance of a license amendment to amend NRC Byproduct Materials 
License No. 24-15595-01 issued to Aptuit, LLC (the licensee).

ADDRESSES: Please refer to Docket ID NRC-2013-0006 when contacting the 
NRC about the availability of information regarding this document. You 
may access publicly-available information related to this action by the 
following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0006. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: Carol.Gallagher@nrc.gov. For technical questions, contact 
the individual(s) listed in the FOR FURTHER INFORMATION CONTACT section 
of this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may access publicly available documents online in the NRC 
Library at http://www.nrc.gov/reading-rm/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 document (if that document is 
available in ADAMS) is provided the first time that a document is 
referenced. In addition, for the convenience of the reader, the ADAMS 
accession numbers are provided in a table in Section IV of this 
document entitled, Availability of Documents.
     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.

FOR FURTHER INFORMATION CONTACT: Michael LaFranzo, Division of Nuclear 
Materials Safety, Region III, U.S. Nuclear Regulatory Commission, 2443 
Warrenville Road, Lisle, Illinois, 60532. Telephone: 630-829-9865; fax 
number: 630-515-1259; email: Michael.LaFranzo@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Introduction

    The issuance of the amendment would approve the licensee's

[[Page 56754]]

decommissioning plan (DP) (ADAMS Accession No. ML13053A398), which 
describes the decommissioning activities that will be performed at the 
licensee's facility located at 10245 Hickman Mills Drive, Kansas City, 
Missouri to make it suitable for unrestricted use in accordance with 
the NRC requirements. The NRC has prepared an Environmental Assessment 
(EA) in support of this amendment in accordance with the requirements 
in Part 51 of Title 10 of the Code of Federal Regulations (10 CFR part 
51). Based on the EA, the NRC has concluded that a Finding of No 
Significant Impact (FONSI) is appropriate. The amendment will be issued 
following the publication of this Notice.

II. Environmental Assessment

    The NRC approved the licensee's Kansas City, Missouri facility as a 
location of use for radioactive byproduct materials on May 23, 1973. 
The NRC issued License No. 24-15595-01 to Marion Laboratories, Inc., 
which initially authorized the use of sealed sources and later expanded 
authorized activities to include research and development. Since the 
original license was issued, the named license holder for the Kansas 
City facility has been changed five times to the following: (1) Marion 
Merrell Dow, Inc. via Amendment No. 13, (2) Hoechst Marion Roussel via 
Amendment No. 19, (3) Quintiles, Inc. via Amendment No. 21, (4) Aptuit, 
Inc. via Amendment No. 24, and (5) Aptuit, LLC via Amendment No. 33. 
The primary radioactive materials that have been historically used in 
the Kansas City facility are hydrogen-3 and carbon-14. In 2008, 
Amendment No. 27 to the license was issued which substantially 
increased the license limits for hydrogen-3 and carbon-14 and 
authorized the synthesis of radiolabeled organic compounds in addition 
to research and development. The licensee is currently operating under 
Radioactive Materials License Amendment No. 34, with an expiration date 
of September 30, 2014.
    The Aptuit facility occupies 7 of 13 primary buildings in an 
industrial complex adjacent to, and just east of, Interstate 435 in 
Kansas City, Missouri, Jackson County. The site is situated in a 
campus-type setting which includes offices, warehouse space, 
manufacturing space, and laboratory space and is located on 
approximately 45.5 acres of land. The Aptuit buildings total 
approximately 417,000 square feet (ft\2\) or 38,740 square meters 
(m\2\). The areas surrounding the Aptuit facility are also primarily 
industrial. There is commercial development to the North, South, and 
West of the facility and there is a residential area to the East. The 
nearest residence is approximately 0.25 miles to the east of the Aptuit 
facility. Land use is not expected to change. The licensee did 
discharge licensed material out of an exhaust stack in compliance with 
NRC regulations.

The Proposed Action

    The NRC received, by letter dated August 30, 2012 (ADAMS Accession 
No. ML12248A095), a proposed DP and license amendment request from 
Aptuit, LLC requesting approval of the DP for its facility located in 
Kansas City, Missouri. The DP was submitted to the NRC for approval to 
authorize decommissioning activities in accordance with the 
requirements of 10 CFR 30.36(g). An NRC administrative review, 
documented in a letter to the licensee dated November 8, 2012 (ADAMS 
Accession No. ML12314A055), found the DP acceptable to begin a 
technical review. Subsequently, the NRC issued a Federal Register 
notice (FRN) on January 16, 2013 (78 FR 3470), that announced Aptuit, 
LLC's license amendment request, solicited public and other stakeholder 
comments, and provided an opportunity to request a hearing and to 
petition for leave to intervene. No comments were received and no 
hearing requests or petitions for leave to intervene were submitted.
    On February 7, 2013, and April 28, 2013, the NRC staff requested 
additional information (ADAMS Accession Nos. ML13038A630 and 
ML13109A304, respectively) to complete the technical review of the DP. 
On February 20, 2013, the licensee provided responses to the February 
7, 2013, request (ADAMS Accession Nos. ML13052A443 and ML13053A402) and 
a revised DP (ADAMS Accession No. ML13053A398). On May 16, 2013, the 
licensee provided responses to the April 28, 2013, request (ADAMS 
Accession No. ML13137A522). The licensee also submitted a written 
response, dated July 19, 2013 (ADAMS Accession No. ML13204A418 
providing additional information), in response to a telephonic 
conversation with the NRC held on July 18, 2013. The NRC developed a 
Safety Evaluation Report dated August 27, 2013 (ADAMS Accession No. 
ML13247A779). The licensee proposes to decommission the Kansas City, 
Missouri facility to permit the release of the site for unrestricted 
use, as governed by the License Termination Rule, subpart E, 10 CFR 
part 20, ``Radiological Criteria for License Termination.''
    The licensee's DP proposes the clean-up of the Aptuit facility by 
implementing decontamination techniques to remove contamination and/or 
by removing impacted structures, systems, and equipment. The removed 
structures, systems, and equipment would then be disposed of in 
accordance with regulatory requirements. The DP characterized 
environmental media at the Aptuit facility (soil, surface water, and 
groundwater) as not impacted by site operations, and therefore, not a 
part of the clean-up activities proposed by the DP. The DP proposes the 
decommissioning work to be performed by a decontamination and 
decommissioning (D&D) contractor under the oversight and responsibility 
of the licensee. The licensee expects the decommissioning work to take 
approximately 8 months, after the proposed approval of the DP by the 
NRC.
    The licensee's objective for the decommissioning project, as 
described in the DP, is to clean the site sufficiently to meet the NRC 
unrestricted use criteria in support of license termination. The NRC 
unrestricted use criteria requires, as described in 10 CFR 20.1402, 
``Radiological Criteria for Unrestricted Use,'' that residual 
radioactivity that is distinguishable from background radiation result 
in a Total Effective Dose Equivalent to an average member of the 
critical group not to exceed 25 millirem per year (mrem/yr). In 
addition, the residual radioactivity is required to be reduced to 
levels that are as low as is reasonably achievable (ALARA). The 
licensee identified carbon-14 and hydrogen-3 as the only contaminants 
of concern at the Aptuit facility where decommissioning activities will 
be performed under the proposed DP. Upon completion of the 
decommissioning activities, areas being released under the scope of the 
DP will be surveyed in accordance with the guidance contained in NUREG-
1575, ``Multi-Agency Radiation Survey and Site Investigation Manual 
(MARSSIM),'' (ADAMS Accession No. ML082470583).
    To meet the NRC unrestricted use criteria, the DP established 
Derived Concentration Guideline Levels (DCGLs) that are based on the 
screening values developed by the NRC (65 FR 37186; June 13, 2000) 
which can be found in NUREG-1757, Volume 2, appendix H, ``Consolidated 
Decommissioning Guidance: Characterization, Survey, and Determination 
of Radiological Criteria--Criteria for Conducting Screening Dose 
Modeling Evaluations'' (ADAMS Accession No. ML053260027). The NRC 
screening values for carbon-14 and hydrogen-3 are 3.7E+6 and 1.2E+8 
disintegrations per minute per 100 centimeters squared (dpm/100 cm\2\),

[[Page 56755]]

respectively. The NRC screening values are for single radionuclides, 
and a ``sum of fractions'' rule should be used for radionuclides in 
mixtures. The DP therefore proposes to use the most conservative 
screening value for the contaminants of concern, 3.7E+6 dpm/100 cm\2\ 
(screening value for carbon-14), as the basis for DCGL determination 
due to the difficulty in detecting hydrogen-3 when performing surveys. 
To meet the ALARA requirement of the NRC unrestricted use criteria, the 
DP proposes to use ten percent of the selected screening value as the 
DCGL for total activity, which is 3.7E+5 dpm/100 cm\2\.

The Need for the Proposed Action

    The purpose of the proposed action is to reduce residual 
radioactivity at the Aptuit Kansas City, Missouri facility to a level 
that permits release of the property for unrestricted use and 
termination of the license. The NRC is fulfilling its responsibility 
under the Atomic Energy Act of 1954, as amended, to make a decision on 
a proposed action for decommissioning that ensures protection of the 
public health and safety and the environment. The application for 
license amendment and NRC approval is necessary for the licensee to 
proceed with the decommissioning activities as required by the 
timeliness requirements of 10 CFR 30.36(g). A change to the current 
license is necessary since decommissioning procedures required for the 
planned decommissioning activities are not authorized in the current 
license. The final step in the decommissioning process is license 
termination.

Environmental Impacts of the Proposed Action

    The NRC staff has reviewed the DP for the Aptuit, LLC Kansas City, 
Missouri facility and examined the impacts of decommissioning. Based on 
its review, the staff has determined that the affected environment and 
the environmental impacts associated with this decommissioning action 
are bounded by the impacts evaluated by NUREG-1496, ``Generic 
Environmental Impact Statement in Support of Rulemaking on Radiological 
Criteria for License Termination of NRC-Licensed Nuclear Facilities'' 
(ADAMS Accession Nos. ML042310492, ML042320379, and ML042330385). The 
staff also finds the proposed decommissioning of the Aptuit, LLC Kansas 
City, Missouri site is in compliance with 10 CFR 20.1402, the 
radiological criteria for unrestricted use.
    Since ceasing operations, the Aptuit, LLC site has been stabilized 
to prevent contamination from spreading beyond its current locations. 
Access to the contaminated areas is controlled to assure the health and 
safety of workers and the public. No ongoing licensed activities, other 
than limited decommissioning activities, are occurring in the 
facilities.
    Contamination controls will be implemented during decommissioning 
to prevent airborne and surface contamination from escaping the 
remediation work areas, and therefore no release of airborne 
contamination is anticipated. However, the potential will exist for 
generating airborne radioactive material during decontamination, 
removal and handling of contaminated materials. If produced, any 
effluent from the proposed decommissioning activities will be limited 
in accordance with NRC requirements in 10 CFR part 20 or contained 
onsite or treated to reduce contamination to acceptable levels before 
release, and shall be maintained ALARA. Radioactive waste (e.g., HEPA 
filters, metals, bench tops, etc.) will be containerized onsite pending 
shipment to a licensed radioactive waste treatment or disposal 
facility. No liquid effluents are expected to be generated during 
decommissioning.
    Aptuit, LLC and subcontractors will perform the remediation under 
the Aptuit, LLC license. Therefore, Aptuit, LLC will oversee the 
activities and will maintain primary responsibility for the 
decommissioning activities at the site. The Aptuit, LLC facility has 
adequate radiation protection procedures and capabilities, and will 
implement an acceptable program to keep exposure to radioactive 
materials ALARA. As noted above, Aptuit, LLC, has prepared a DP 
describing the work to be performed, and work activities are not 
anticipated to result in a dose to workers or the public in excess of 
the 10 CFR part 20 limits. Past experiences with decommissioning 
activities at sites similar to the Aptuit, LLC facility indicate that 
public worker exposure will be far below the limits found in 10 CFR 
part 20, ``Standards for Protection Against Radiation.''

Environmental Impacts of the Alternatives to the Proposed Action

    The only alternative to the proposed action of allowing 
decommissioning of the site is no action. The no-action alternative 
would leave the site in its existing condition, which would keep 
licensed, radioactive material above the NRC's unrestricted release 
criteria of 25 mrem onsite. This alternative would increase the 
radiological risk to the local community and the environment. The no-
action alternative is not acceptable because it will result in 
violation of NRC's Timeliness Rule (10 CFR 30.36), which requires 
licensees to remove licensed materials onsite during decommissioning of 
their facilities when licensed activities cease, and to request 
termination of their radioactive materials license.

Agencies and Person Consulted

    The NRC staff has determined that the proposed action will not 
affect listed species or critical habitats. Therefore, no further 
consultation is required under Section 7 of the Endangered Species Act. 
Likewise, the NRC staff has determined that the proposed action is not 
the type of activity that has potential to cause effects on historic 
properties. Therefore, consultation under Section 106 of the National 
Historic Preservation Act is not required.
    The NRC staff consulted with the Missouri Department of Health and 
Senior Services on March 8, 2013, regarding this Environmental 
Assessment (EA) for the license amendment to authorize decommissioning 
activities. The State Department of Health and Senior Services is the 
State's Radiation Protection Agency, and has been informed of NRC's 
intention to approve the completion of decommissioning at the Aptuit, 
LLC site. The State informed the NRC on March 19, 2013, that they had 
no comments on the EA.

Conclusion

    The NRC staff has concluded that the proposed action complies with 
10 CFR part 20, ``Standards for Protection Against Radiation.'' 
Decommissioning of the Aptuit, LLC site to the DCGLs proposed for this 
action will result in reduced residual contamination levels at the 
site, enabling release of the site for unrestricted use and will allow 
the termination of the radioactive materials license. No radiologically 
contaminated effluents are expected during the decommissioning. 
Occupational doses to decommissioning workers are expected to be low 
and well within the limits of 10 CFR part 20. No radiation exposure to 
any member of the public is expected, and public exposure will 
therefore also be less than the applicable public exposure limits of 10 
CFR part 20.
    Because the proposed action will not significantly impact the 
quality of the human environment, the NRC staff concludes that the 
proposed action is the preferred alternative.

[[Page 56756]]

III. Finding of No Significant Impact

    The NRC has prepared this EA in support of the proposed license 
amendment to incorporate appropriate and acceptable DCGLs and to use 
the proposed DCGLs for the planned decommissioning by the licensee at 
the Aptuit, LLC facility. The NRC staff has found that the radiological 
and non-radiological environmental impacts from the proposed amendment 
are bounded by the impacts evaluated in NUREG-1496. On the basis of the 
EA, the NRC has concluded that the environmental impacts from the 
proposed action are expected to be insignificant and has determined not 
to prepare an environmental impact statement for the proposed action.

IV. Availability of Documents

    Documents related to this action, including the application for 
amendment and supporting documentation, are available electronically at 
the NRC Library at http://www.nrc.gov/reading-rm/adams.html. From this 
site, you can access ADAMS, which provides text and image files of 
NRC's public documents. To begin the search, select ``ADAMS Public 
Documents'' and then select ``Begin Web-based ADAMS Search.'' The ADAMS 
accession numbers for the documents related to this notice are:

------------------------------------------------------------------------
        Reference                Title of document            ML No.
------------------------------------------------------------------------
1........................  NUREG-1496, Vol. 1, ``Generic     ML042310492
                            Environmental Impact
                            Statement in Support of
                            Rulemaking on Radiological
                            Criteria for License
                            Termination of NRC-Licensed
                            Nuclear Facilities, Main
                            Report''.
2........................  NUREG-1496, Vol. 2, ``Generic     ML042320379
                            Environmental Impact
                            Statement in Support of
                            Rulemaking on Radiological
                            Criteria for License
                            Termination of NRC-Licensed
                            Nuclear Facilities,
                            Appendices A and B, Final
                            Report''.
3........................  NUREG-1496, Vol. 3, ``Generic     ML042330385
                            Environmental Impact
                            Statement in Support of
                            Rulemaking on Radiological
                            Criteria for License
                            Termination of NRC-Licensed
                            Nuclear Facilities,
                            Appendices C-H''.
4........................  NUREG-1757, Vol. 1, Rev. 2,       ML063000243
                            ``Consolidated
                            Decommissioning Guidance:
                            Decommissioning Process for
                            Material Licensees''.
5........................  NUREG-1757, Vol. 2,               ML053260027
                            ``Consolidated
                            Decommissioning Guidance:
                            Characterization, Survey,
                            and Determination of
                            Radiological Criteria''.
6........................  NUREG-1757, Vol. 3,               ML032471471
                            ``Consolidated
                            Decommissioning Guidance:
                            Financial Assurance,
                            Recordkeeping, and
                            Timeliness''.
7........................  NUREG-1575, Rev. 1, ``Multi-      ML082470583
                            Agency Radiation Survey and
                            Site Investigation Manual
                            (MARSSIM)''.
8........................  Aptuit Scientific Operations,     ML12248A095
                            LLC, Decommissioning Plan
                            (MC 579062).
9........................  LTR-Aptuit, LLC Acceptance of     ML12314A055
                            Decommissioning Plan for
                            Technical Review (Mail
                            Control No. (MC) 579062).
10.......................  Letter to Aptuit re: Request      ML13038A630
                            for Additional Information
                            to Support Decommissioning
                            Plan Approval (MC 579062).
11.......................  Letter from Aptuit, LLC RAI       ML13052A443
                            Response Package dated
                            February 20, 2013 (MC
                            579062).
12.......................  Letter from Aptuit, LLC in        ML13053A402
                            response to NRC RAI Package
                            dated February 20, 2013 (MC
                            579062).
13.......................  Decommissioning Plan Aptuit       ML13053A398
                            Scientific Operations,
                            Revision 1 dated February
                            2013 (MC 579062).
14.......................  Letter to Aptuit, LLC RAI         ML13109A304
                            Package dated April 28, 2013
                            (MC 579062).
15.......................  Letter from Aptuit, LLC in        ML13137A522
                            response to NRC RAI Package
                            dated May 16, 2013 (MC
                            579062).
16.......................  Letter from Aptuit, LLC RAI       ML13204A418
                            Response Package dated July
                            19, 2013 (MC 579062).
17.......................  Safety Evaluation Report.....     ML13247A779
------------------------------------------------------------------------


    Dated at Lisle, Illinois this 5th day of September, 2013.

    For the Nuclear Regulatory Commission.
Robert J. Orlikowski,
Chief, Materials Control, ISFSI and Decommissioning Branch, Division of 
Nuclear Materials and Safety, Region III.
[FR Doc. 2013-22316 Filed 9-12-13; 8:45 am]
BILLING CODE 7590-01-P