Mallinckrodt, LLC, 8256-8258 [2016-03419]

Download as PDF 8256 Federal Register / Vol. 81, No. 32 / Thursday, February 18, 2016 / Notices 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 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 21, 2015 (80 FR 63846). Detailed meeting agendas and meeting transcripts are available on the NRC Web site at https://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. If attending this meeting, please enter through the One White Flint North building, 11555 Rockville Pike, Rockville, MD. After registering with security, please contact Mr. Theron Brown (Telephone 240–888–9835) to be escorted to the meeting room. Dated: February 4, 2016. Mark L. Banks, Chief, Technical Support Branch, Advisory Committee on Reactor Safeguards. [FR Doc. 2016–03371 Filed 2–17–16; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION Advisory Committee on Reactor Safeguards (ACRS); Meeting of the ACRS Subcommittee on Reliability and PRA mstockstill on DSK4VPTVN1PROD with NOTICES Notice of Meeting The ACRS Subcommittee on Reliability and PRA will hold a meeting on March 1, 2016, Room T–2B1, 11545 Rockville Pike, Rockville, Maryland. The meeting will be open to public attendance with the exception of portions that may be closed to protect information that is proprietary pursuant to 5 U.S.C. 552b(c)(4). The agenda for the subject meeting shall be as follows: VerDate Sep<11>2014 19:03 Feb 17, 2016 Jkt 238001 Tuesday, March 1, 2016—8:30 a.m. Until 2:00 p.m. The Subcommittee will discuss the progress of the NRC staff’s Level 3 Probabilistic Risk Assessment (PRA) Project. 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), John Lai (Telephone 301–415–5197 or Email: John.Lai@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 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 1, 2015 (80 FR 63846). Detailed meeting agendas and meeting transcripts are available on the NRC Web site at https://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. If attending this meeting, please enter through the One White Flint North building, 11555 Rockville Pike, Rockville, Maryland. After registering with security, please contact Mr. Theron Brown (Telephone 240–888–9835) to be escorted to the meeting room. PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 Dated: February 4, 2016. Mark L. Banks, Chief, Technical Support Branch, Advisory Committee on Reactor Safeguards. [FR Doc. 2016–03369 Filed 2–17–16; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket No. No. 40–6563; NRC–2016–0032] Mallinckrodt, LLC Nuclear Regulatory Commission. ACTION: License termination; issuance. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is providing public notice of the termination of Source Materials License No. STB–401. The NRC has terminated the license of the decommissioned Mallinckrodt facility in St. Louis, Missouri and has approved the site for unrestricted release. DATES: Notice of termination of Source Materials License No. STB–401 issued on February 18, 2016. ADDRESSES: Please refer to Docket ID NRC–2016–0032 when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this document using any of the following methods: • Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC–2016–0032. Address questions about NRC dockets to Carol Gallagher; telephone: 301–415–3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publiclyavailable documents online in the ADAMS Public Documents collection at https://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 (if that document is available in ADAMS) is provided the first time that a document is referenced. • 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. SUMMARY: E:\FR\FM\18FEN1.SGM 18FEN1 Federal Register / Vol. 81, No. 32 / Thursday, February 18, 2016 / Notices FOR FURTHER INFORMATION CONTACT: Karen Pinkston, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington DC 20555–0001; telephone: 301–415–3650, email: Karen.Pinkston@ nrc.gov. The NRC has terminated License No. STB–401, held by Mallinckrodt LLC (Mallinckrodt), for a site in St. Louis, Missouri and has approved the site for unrestricted release. In 1961, Mallinckrodt received License No. STB–401 to extract columbium and tantalum from natural ores and tin slags. In July 1993, the NRC amended Mallinckrodt’s license to a possession only license for the purpose of decommissioning and license termination. The contamination at the site was due to licensed activities consisted of natural uranium, natural thorium, and their associated progeny. The Mallinckrodt site is a 43 acre site subdivided into ten areas called Plants. The former Columbium-Tantalum (C–T) process areas included 21 support buildings on approximately 4.2 acres, primarily located within Plant 5, but also in portions of Plants 1, 3, 6, 7, and 8. In addition to the C–T activities conducted under License No. STB–401, the Mallinckrodt site was previously used for Manhattan Engineer District/ Atomic Energy Commission (MED/AEC) activities. The U.S. Army Corps of Engineers (USACE) is responsible for remediating these portions of the site under the Formerly Utilized Sites Remedial Action Program (FUSRAP). Mallinckrodt decommissioned the C–T project areas of the site in two phases. In Phase I, Mallinckrodt decommissioned the buildings and equipment to the extent necessary to meet the NRC’s guidelines for unrestricted release in § 20.1402 of title 10 of the Code of Federal Regulations (10 CFR). Phase I of the decommissioning project was completed in February 2007 (ADAMS Accession No. ML070530675). Following Phase I decommissioning, the C–T areas remaining for remediation were limited to the soil, pavement, and sewers in Plant 5, as well as portions of Plant 6 and 7. Mallinckrodt’s Phase II Decommissioning Plan (DP) (ADAMS Accession Nos. ML083150652 and ML101620140) described Mallinckrodt’s plan for decommissioning the remainder of the C–T project areas to meet the criteria for unrestricted release, though the remediation of portions of Plants 6 and 7 was not included in the DP and was addressed separately, as is mstockstill on DSK4VPTVN1PROD with NOTICES SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 19:03 Feb 17, 2016 Jkt 238001 described below. The NRC approved Mallinckrodt’s Phase II DP on July 1, 2010 (ADAMS Accession No. ML091960063). Plants 6 and 7 contained residual contamination from both licensed activities and MED/AEC activities. The MED/AEC activities in Plants 6 and 7 resulted in contamination in buildings and soil in these plants. Additionally, in Plant 6, approximately 300 cubic yards of unreacted ore (URO) generated as part of the C–T process was buried in 10 trenches in 1972 and 1973. Plant 7 contained sewers, a grit chamber, and two wastewater neutralization basins that were used to support C–T operations. Mallinckrodt and the USACE entered into two agreements to delineate remediation responsibilities in Plants 6 and 7. Mallinckrodt’s responsibilities included the removal of the buried URO in Plant 6 and the removal of the grit chamber in Plant 7. On February 9, 2015, USACE provided Mallinckrodt with a letter acknowledging that Mallinckrodt had completed the removal of the URO and grit chambers and stating that the USACE was proceeding with remediation of these areas under FUSRAP (ADAMS Accession No. ML15090A705). Mallinckrodt’s Phase II DP requested that the NRC terminate its license in accordance with 10 CFR 20.1402 without accounting for MED/AEC contamination in demonstrating compliance with the dose limits in § 20.1402. In its approval of the Phase II DP, the NRC exempted the MED/AEC material from consideration in demonstrating compliance with license termination requirements (ADAMS Accession No. ML091960087). The basis for granting the exemption was: (1) Mallinckrodt will meet 25 mrem/year unrestricted release criteria for C–T process areas; and (2) unlicensed MED/ AEC material is being remediated to the NRC’s unrestricted release standards of 25 mrem/year by USACE. The dose from the residual radioactivity at the site is primarily from the direct radiation pathway, therefore the NRC concluded that an individual would not simultaneously receive a dose from both areas. The staff, therefore, concluded that it is reasonable to terminate License STB–401 after Mallinckrodt completes decommissioning activities in the C–T process areas and demonstrates that the C–T process areas at the site meet the NRC’s unrestricted release criteria. This finding is based in part on USACE’s commitment to remediate the site under FUSRAP. At the time, Mallinckrodt and USACE had reached an agreement regarding delineation of PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 8257 responsibility for remediating Plant 6, but had not yet agreed on the delineation of responsibility for Plant 7. Therefore, the exemption was conditioned on Mallinckrodt and USACE reaching a delineation agreement for Plant 7 before decommissioning was complete. Mallinckrodt and USACE entered into a delineation agreement for Plant 7 on October 31, 2014 (cover letter available at ADAMS Accession No. ML15041A076). Mallinckrodt performed remediation of the C–T project areas based on their Phase II DP, conducted a Final Status Survey (FSS) and provided the NRC with a Final Status Survey Report (FSSR) documenting the residual radioactivity remaining on site for which Mallinckrodt was responsible (ADAMS Accession No. ML14177A180). Mallinckrodt subsequently provided additional information in response to the NRC’s requests for additional information (ADAMS Accession Nos. ML14339A278, ML15177A051, and ML15334A417). On February 12, 2015, Mallinckrodt submitted a license amendment application requesting the use of the dose assessment approach, as well as the derived concentration guideline level (DCGL) approach (ADAMS Accession No. ML15063A404). The NRC approved this license amendment request on February 4, 2016 (ADAMS Accession No. ML15286A174). The NRC has now completed its review of the FSSR and associated documents according to NUREG–1757, ‘‘Consolidated Decommissioning Guidance,’’ and guidance in the MultiAgency Radiation Survey and Site Investigation Manual (MARSSIM) (NUREG 1575). The NRC staff has concluded that the FSS design and data collected were adequate to characterize the residual radioactivity in the portions of the Mallinckrodt site where NRC regulated activities took place. The NRC staff also concluded that the data analysis and dose assessments performed are appropriate and that the projected dose from residual radioactivity in these areas is less than the 25 mrem/year dose criterion in 10 CFR 20.1402. For these reasons, the NRC staff has determined that Mallinckrodt has demonstrated that the site will meets the radiological criteria for license termination described in 10 CFR part 20 subpart E and the exemption granted by the NRC in its approval of the Phase II DP. Therefore, Source Materials License No. STB–401 has been terminated. Dated at Rockville, Maryland, this 9th day of February 2016. E:\FR\FM\18FEN1.SGM 18FEN1 8258 Federal Register / Vol. 81, No. 32 / Thursday, February 18, 2016 / Notices For the Nuclear Regulatory Commission. Michael A. Norato, Chief, Materials Decommissioning Branch Division of Decommissioning, Uranium Recovery, and Waste Programs, Office of Nuclear Material Safety and Safeguards. [FR Doc. 2016–03419 Filed 2–17–16; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket Nos. 52–025 and 52–026; ASLBP No. 16–944–01–LA–BD01] Atomic Safety and Licensing Board; Before Administrative Judges: Ronald M. Spritzer, Chairman; Nicholas G. Trikouros; Dr. James F. Jackson; in the Matter of Southern Nuclear Operating Company, Inc.; (Vogtle Electric Generating Plant, Units 3 and 4) February 10, 2016. Order (Scheduling Oral Argument) Before the Board is a petition to intervene and request for a hearing, filed by Blue Ridge Environmental Defense League and its chapter Concerned Citizens of Shell Bluff (collectively Petitioner).1 Oral argument on contention admissibility will be held on Tuesday, March 15, 2016, beginning at 10:00 a.m. EDT. This argument will take place at the U.S. Bankruptcy Court, Federal Justice Center, Plaza Building, 600 James Brown Boulevard (formerly 9th Street), Augusta, GA 30901. mstockstill on DSK4VPTVN1PROD with NOTICES Instructions On or before Friday, March 11, 2016, the Petitioner, the Licensee, and the NRC Staff must each provide the names of their representatives by email to the Board and the service list. Only designated representatives will be permitted to present oral argument. Each counsel or other representative for each participant in this proceeding who has not already done so must file and serve a notice of appearance on or before March 11, 2016, containing all of the information required by 10 CFR § 2.314(b). The primary purpose of this oral argument is for the Board to ask questions and receive answers concerning contention admissibility issues presented by the pleadings. As to each contention, the Petitioner shall have 15 minutes to present an 1 Amended Petition for Leave to Intervene and Request for Hearing by the Blue Ridge Environmental Defense League and its Chapter Concerned Citizens of Shell Bluff (Dec. 23, 2015). VerDate Sep<11>2014 19:03 Feb 17, 2016 Jkt 238001 introductory argument, and the NRC Staff and the Licensee shall each have 10 minutes as well. The Petitioner may reserve up to 5 minutes of its allotted time for rebuttal. No other rebuttal will be permitted. In general, the participants should not repeat arguments already presented in their written filings, but should focus on responding to the Board’s questions. The argument is not an evidentiary hearing, and the participants therefore should not attempt to introduce evidence during the argument. The participants should advise the Board and the other participants no later than March 8, 2016 if they plan to refer to any type of visual aid during the argument. No material that is not already cited in the record before the Board should be used as a visual aid. The public is welcome to attend the argument, but space is limited within the courtroom. Additionally, only the parties’ designated representatives will be permitted to participate in the argument. Neither signs nor any manner of demonstration will be permitted in the courtroom. Those people wishing to attend the oral argument in person should contact the Board’s law clerk, Cooper Strickland, at 301–415–5880 or Cooper.Strickland@nrc.gov, no later than Wednesday, March 9, 2016 to provide their names for security purposes. All persons participating in person must present a valid photo ID and should arrive at least fifteen minutes early so as to allow sufficient time to pass through security screening. Furthermore, cell phones are not permitted in the Federal Justice Center. Transcript Availability Sometime after March 15, 2016, a transcript of the oral argument will be available for public inspection electronically on the NRC’s Electronic Hearing Docket (EHD). EHD is accessible from the NRC Web site at https://adams.nrc.gov/ehd. For additional information regarding the EHD please see https://www.nrc.gov/ about-nrc/regulatory/adjudicatory. html#ehd. Persons who do not have access to the internet or who encounter problems in accessing the documents located on the NRC’s Web site may contact the NRC Public Document Room reference staff by email to pdr@nrc.gov or by telephone at (800) 397–4209 or (301) 415–4737. Reference staff are available Monday through Friday between 8:00 a.m. and 4:00 p.m. ET, except federal holidays. For additional information regarding the NRC Public Frm 00086 Fmt 4703 Rockville, Maryland February 10, 2016. For The Atomic Safety and Licensing Board. Ronald M. Spritzer, Chairman, Administrative Judge. [FR Doc. 2016–03372 Filed 2–17–16; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket Nos. 50–309, and 72–1015; NRC– 2016–0028] Independent Spent Fuel Storage Installation, Maine Yankee Atomic Power Company Nuclear Regulatory Commission. ACTION: Exemption; issuance. AGENCY: Public Attendance PO 00000 Document Room please see https://www. nrc.gov/reading-rm/pdr.html. It is so ordered. Sfmt 4703 The U.S. Nuclear Regulatory Commission (NRC) is issuing an exemption in response to a September 1, 2015, request from Maine Yankee Atomic Power Company, (MYAPC or licensee) from the requirement to comply with the terms, conditions, and specifications regarding the method of compliance defined in Amendment 5 of the NAC International (NAC)-UMS System Certificate of Compliance (CoC) No. 1015, Appendix A ‘‘Technical Specifications for NAC–UMS System’’, Technical Specifications (TS) A.5.4 ‘‘Surveillance After an Off-Normal, Accident, or Natural Phenomena Event’’ at the Maine Yankee (MY) Independent Spent Fuel Storage Installation (ISFSI). The exemption request seeks a modification of TS A.5.4 inspection requirements for the inlet and outlet vents following off-normal, accident, and natural phenomena events. ADDRESSES: Please refer to Docket ID NRC–2016–0028 when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this document using any of the following methods: • Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC–2016–0028. Address questions about NRC dockets to Carol Gallagher; telephone: 301–415–3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publicly SUMMARY: E:\FR\FM\18FEN1.SGM 18FEN1

Agencies

[Federal Register Volume 81, Number 32 (Thursday, February 18, 2016)]
[Notices]
[Pages 8256-8258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03419]


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

NUCLEAR REGULATORY COMMISSION

[Docket No. No. 40-6563; NRC-2016-0032]


Mallinckrodt, LLC

AGENCY: Nuclear Regulatory Commission.

ACTION: License termination; issuance.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is providing 
public notice of the termination of Source Materials License No. STB-
401. The NRC has terminated the license of the decommissioned 
Mallinckrodt facility in St. Louis, Missouri and has approved the site 
for unrestricted release.

DATES: Notice of termination of Source Materials License No. STB-401 
issued on February 18, 2016.

ADDRESSES: Please refer to Docket ID NRC-2016-0032 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly-available information related to this document 
using any of the following methods:
     Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2016-0032. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at https://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 (if that document 
is available in ADAMS) is provided the first time that a document is 
referenced.
     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.

[[Page 8257]]


FOR FURTHER INFORMATION CONTACT: Karen Pinkston, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington DC 20555-0001; telephone: 301-415-3650, email: 
Karen.Pinkston@nrc.gov.

SUPPLEMENTARY INFORMATION: The NRC has terminated License No. STB-401, 
held by Mallinckrodt LLC (Mallinckrodt), for a site in St. Louis, 
Missouri and has approved the site for unrestricted release.
    In 1961, Mallinckrodt received License No. STB-401 to extract 
columbium and tantalum from natural ores and tin slags. In July 1993, 
the NRC amended Mallinckrodt's license to a possession only license for 
the purpose of decommissioning and license termination. The 
contamination at the site was due to licensed activities consisted of 
natural uranium, natural thorium, and their associated progeny. The 
Mallinckrodt site is a 43 acre site subdivided into ten areas called 
Plants. The former Columbium-Tantalum (C-T) process areas included 21 
support buildings on approximately 4.2 acres, primarily located within 
Plant 5, but also in portions of Plants 1, 3, 6, 7, and 8.
    In addition to the C-T activities conducted under License No. STB-
401, the Mallinckrodt site was previously used for Manhattan Engineer 
District/Atomic Energy Commission (MED/AEC) activities. The U.S. Army 
Corps of Engineers (USACE) is responsible for remediating these 
portions of the site under the Formerly Utilized Sites Remedial Action 
Program (FUSRAP).
    Mallinckrodt decommissioned the C-T project areas of the site in 
two phases. In Phase I, Mallinckrodt decommissioned the buildings and 
equipment to the extent necessary to meet the NRC's guidelines for 
unrestricted release in Sec.  20.1402 of title 10 of the Code of 
Federal Regulations (10 CFR). Phase I of the decommissioning project 
was completed in February 2007 (ADAMS Accession No. ML070530675).
    Following Phase I decommissioning, the C-T areas remaining for 
remediation were limited to the soil, pavement, and sewers in Plant 5, 
as well as portions of Plant 6 and 7. Mallinckrodt's Phase II 
Decommissioning Plan (DP) (ADAMS Accession Nos. ML083150652 and 
ML101620140) described Mallinckrodt's plan for decommissioning the 
remainder of the C-T project areas to meet the criteria for 
unrestricted release, though the remediation of portions of Plants 6 
and 7 was not included in the DP and was addressed separately, as is 
described below. The NRC approved Mallinckrodt's Phase II DP on July 1, 
2010 (ADAMS Accession No. ML091960063).
    Plants 6 and 7 contained residual contamination from both licensed 
activities and MED/AEC activities. The MED/AEC activities in Plants 6 
and 7 resulted in contamination in buildings and soil in these plants. 
Additionally, in Plant 6, approximately 300 cubic yards of unreacted 
ore (URO) generated as part of the C-T process was buried in 10 
trenches in 1972 and 1973. Plant 7 contained sewers, a grit chamber, 
and two wastewater neutralization basins that were used to support C-T 
operations.
    Mallinckrodt and the USACE entered into two agreements to delineate 
remediation responsibilities in Plants 6 and 7. Mallinckrodt's 
responsibilities included the removal of the buried URO in Plant 6 and 
the removal of the grit chamber in Plant 7. On February 9, 2015, USACE 
provided Mallinckrodt with a letter acknowledging that Mallinckrodt had 
completed the removal of the URO and grit chambers and stating that the 
USACE was proceeding with remediation of these areas under FUSRAP 
(ADAMS Accession No. ML15090A705).
    Mallinckrodt's Phase II DP requested that the NRC terminate its 
license in accordance with 10 CFR 20.1402 without accounting for MED/
AEC contamination in demonstrating compliance with the dose limits in 
Sec.  20.1402. In its approval of the Phase II DP, the NRC exempted the 
MED/AEC material from consideration in demonstrating compliance with 
license termination requirements (ADAMS Accession No. ML091960087). The 
basis for granting the exemption was: (1) Mallinckrodt will meet 25 
mrem/year unrestricted release criteria for C-T process areas; and (2) 
unlicensed MED/AEC material is being remediated to the NRC's 
unrestricted release standards of 25 mrem/year by USACE. The dose from 
the residual radioactivity at the site is primarily from the direct 
radiation pathway, therefore the NRC concluded that an individual would 
not simultaneously receive a dose from both areas. The staff, 
therefore, concluded that it is reasonable to terminate License STB-401 
after Mallinckrodt completes decommissioning activities in the C-T 
process areas and demonstrates that the C-T process areas at the site 
meet the NRC's unrestricted release criteria.
    This finding is based in part on USACE's commitment to remediate 
the site under FUSRAP. At the time, Mallinckrodt and USACE had reached 
an agreement regarding delineation of responsibility for remediating 
Plant 6, but had not yet agreed on the delineation of responsibility 
for Plant 7. Therefore, the exemption was conditioned on Mallinckrodt 
and USACE reaching a delineation agreement for Plant 7 before 
decommissioning was complete. Mallinckrodt and USACE entered into a 
delineation agreement for Plant 7 on October 31, 2014 (cover letter 
available at ADAMS Accession No. ML15041A076).
    Mallinckrodt performed remediation of the C-T project areas based 
on their Phase II DP, conducted a Final Status Survey (FSS) and 
provided the NRC with a Final Status Survey Report (FSSR) documenting 
the residual radioactivity remaining on site for which Mallinckrodt was 
responsible (ADAMS Accession No. ML14177A180). Mallinckrodt 
subsequently provided additional information in response to the NRC's 
requests for additional information (ADAMS Accession Nos. ML14339A278, 
ML15177A051, and ML15334A417). On February 12, 2015, Mallinckrodt 
submitted a license amendment application requesting the use of the 
dose assessment approach, as well as the derived concentration 
guideline level (DCGL) approach (ADAMS Accession No. ML15063A404). The 
NRC approved this license amendment request on February 4, 2016 (ADAMS 
Accession No. ML15286A174).
    The NRC has now completed its review of the FSSR and associated 
documents according to NUREG-1757, ``Consolidated Decommissioning 
Guidance,'' and guidance in the Multi-Agency Radiation Survey and Site 
Investigation Manual (MARSSIM) (NUREG 1575). The NRC staff has 
concluded that the FSS design and data collected were adequate to 
characterize the residual radioactivity in the portions of the 
Mallinckrodt site where NRC regulated activities took place. The NRC 
staff also concluded that the data analysis and dose assessments 
performed are appropriate and that the projected dose from residual 
radioactivity in these areas is less than the 25 mrem/year dose 
criterion in 10 CFR 20.1402. For these reasons, the NRC staff has 
determined that Mallinckrodt has demonstrated that the site will meets 
the radiological criteria for license termination described in 10 CFR 
part 20 subpart E and the exemption granted by the NRC in its approval 
of the Phase II DP. Therefore, Source Materials License No. STB-401 has 
been terminated.

    Dated at Rockville, Maryland, this 9th day of February 2016.


[[Page 8258]]


    For the Nuclear Regulatory Commission.
Michael A. Norato,
Chief, Materials Decommissioning Branch Division of Decommissioning, 
Uranium Recovery, and Waste Programs, Office of Nuclear Material Safety 
and Safeguards.
[FR Doc. 2016-03419 Filed 2-17-16; 8:45 am]
BILLING CODE 7590-01-P
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